National Assembly - 13 October 2005
THURSDAY, 13 OCTOBER 2005 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:02.
The Acting Speaker, Ms G L Mahlangu-Nkabinde, took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
NOTICES OF MOTION
Mrs C DUDLEY: Madam Acting Speaker, on behalf of the ACDP, I give notice that I shall move:
That –
a) the House debates the shocking number of children abducted,
abused and murdered in South Africa, and necessary measures to be
put in place to combat such crimes and better protect our children;
and
b) the ACDP commends the Ravensmead Police, the community forum
and other NGOs in Cape Town who are embarking on a campaign at 17
schools and 3 crèches, taking fingerprints and photographs of
children to assist police and the public to respond quicker to
reports of missing children.
Thank you.
Mr S B FARROW: Madam Acting Speaker, I hereby give notice that I shall move on behalf of the DA:
That the House, in the light of this month being Transport Month, debates the dismal, ageing and grossly inefficient freight transport system in South Africa and its impact on the economy.
GRADE 12 SENIOR CERTIFICATE EXAMINATIONS
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Acting Speaker, I move without notice:
That the House –
(1) notes that as from last Monday, 10 October, Grade 12 pupils began writing their final and most important examinations, the 2005 Senior Certificate;
(2) acknowledges the isolated challenges that occurred during examination times in previous years and therefore commends the Department of Education on the stringent measures it has implemented to address the problems;
(3) calls upon parents and educators to support the learners, among others, by continually ensuring the creation of conditions conducive to studying; and
(4) wishes all the 2005 matriculants well in their final examinations.
Agreed to.
The ACTING SPEAKER: Are there any further motions without notice. Mr Gibson?
The CHIEF WHIP OF THE OPPOSITION: Madam Acting Speaker . . . [Interjections.]
The CHIEF WHIP OF THE MAJORITY PARTY: Can I finish, and then you can continue? The CHIEF WHIP OF THE OPPOSITION: No, the Acting Speaker has already seen me, Chief Whip. Far be it from me to contradict her.
CONDOLENCES TO PAKISTAN, INDIA AND AFGHANISTAN
(Draft Resolution)
The CHIEF WHIP OF THE OPPOSITION: I hereby move without notice:
That the House –
(1) expresses its sympathies to the people of Pakistan, India and Afghanistan following the devastating earthquake four days ago, which claimed an estimated 40 000 lives and destroyed infrastructure and, in places, whole villages in Kashmir; and
(2) thanks all those people, particularly those South Africans, who have gone to the aid of the communities suffering as a result of the earthquake and recognises that our common humanity demands that we all help when some of us suffer.
Agreed to.
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Acting Speaker, before I read this motion, I would just like to address you on a technicality. We have, by agreement amongst all the parties, decided on a motion without notice on the peer review process, but the matter is being considered by the House. We approach the presidium to arrange that the motion be read after the debate, if that is in order with you.
The ACTING SPEAKER: The Table says that is in order, so that will be done.
The CHIEF WHIP OF THE MAJORITY PARTY: Thank you very much, Acting Speaker.
BEST WISHES TO MUSLIMS FOR RAMADAN
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:
That the House –
(1) notes with the advent of the Islamic lunar month of fasting, called Ramadan, Muslims worldwide and in our country, South Africa, will abstain daily from partaking of food and drink from dawn to dusk;
(2) observes that such voluntary abstinence enhances both their spirituality and their empathy with the poor, hungry and destitute in society and the world over;
(3) expresses the hope that this holy month of Ramadan will encourage Muslims and humanity at large to redouble their efforts to fight poverty and to support and empower the vulnerable and the weak in society; and
(4) conveys its best wishes to all Muslims in the country and the world and wishes them well over the fasting period and a Ramadan Mubarak. Agreed to.
BEST WISHES FOR YOM KIPPUR
(Draft Resolution)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:
That the House –
1) notes that Thursday, 13 October, is Yom Kippur for the Jewish
people and that they are in a 24-hour fasting period that started
on Wednesday and will last until sunset today; and
2) wishes the Jewish community a peaceful Day of Atonement.
Agreed to.
AFRICAN NATIONS CUP
(Draft Resolution)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I hereby move without notice:
That the House -
(1) notes that –
(a) Bafana Bafana have qualified for the fifth consecutive
time for Africa’s prestigious soccer competition, the African
Nation’s Cup; and
(b) five African teams, namely Angola, Côte D’Ivoire, Ghana,
Togo and Tunisia, participating in the competition, will go
on to represent the continent in the upcoming World Cup to be
staged in Germany next year and that these countries carry
Africa’s dream of winning the World Cup;
(2) recalls that four of the five teams, namely Angola, Côte
D’Ivoire, Ghana and Togo, are taking part in the Soccer World Cup
for the first time; and
(3) congratulates –
(a) Bafana Bafana on qualifying for the prestigious
continental competition and wishes them well in the
competition; and
b) Angola, Côte D’Ivoire, Ghana, Togo and Tunisia on their
achievement to represent Africa in Germany next year.
Agreed to.
SUSPENSION OF RULE 253(1)
(Draft Resolution)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Acting Speaker, I move the motion as it stands on the Order Paper in the name of the Chief Whip of the Majority Party as follows:
That Rule 253(1) which provides inter alia that the debate on the Second Reading of a Bill may not commence before at least three working days have elapsed since the committee’s report was tabled, be suspended for the purposes of conducting the Second Reading debate on the Repeal of Black Administration Act and Amendment of Certain Laws Bill [B 25B – 2005] (National Assembly – sec 76) today.
Agreed to.
AFRICAN PEER REVIEW MECHANISM
(Statement)
The MINISTER FOR THE PUBLIC SERVICE AND ADMINISTRATION: Madam Acting Speaker, hon members, I would wish to thank this House for the opportunity to address you on the African Peer Review Mechanism and South Africa’s implementation process. In the words of Kwame Nkrumah:
Freedom is not something that one people can bestow on another as a gift. They claim it as their own and none can keep it from them.
This is the spirit I would wish to believe that the South African people should have as we enter the peer review process.
My address today will explain what the Africa Peer Review Mechanism is about and how we are going to implement it, what has already been done and what plans we have for the process over the coming nine months. It will also reflect on the importance of that and what opportunities it presents us.
The African Peer Review Mechanism is important to all of us as a country, not as parliamentarians, not as members of the executive or as government officials, not as members of civil society or representatives of any structures but as citizens of our country – as South Africans.
We have been working on the Peer Review Mechanism for some time now, and I would like to share some experiences with you and indicate that my honest conclusion is that it is a wonderful and inspiring mechanism, and it will be a wonderful process for all of us to engage in as a country.
Like many things from Africa, it seems simple at first, but this is misleading. As you come to understand it better, you will realise that it is an apparent simplicity that marks great complexity and subtlety, that it offers opportunities to each of us, no matter how we choose to define ourselves or to structure our lives as members of South African society.
So, today I’ll be talking more about the surprising challenges and opportunities the African Peer Review Mechanism presents to our young democracy. I also look forward to debating it here today. I know it will allow us to deepen our understanding of the Peer Review Mechanism. The debate will also contribute to building a shared understanding of the mechanism and how it should be implemented.
The African Peer Review Mechanism is a system introduced by the African Union and its development programme, Nepad, for countries to improve their governance systems. It’s a way of planning for the future and looking forward whilst taking into account where we are today. It involves the development of African approaches to solving Africa’s problems.
Participation by countries in the system is voluntary. Ghana, Rwanda, Kenya and Mauritius are ahead of us in the system and we aim to learn from their lessons and build on their experiences. A panel of eminent persons oversees the implementation of the system throughout Africa and is supported in its work by the Nepad APRM Secretariat. In the instance of South Africa, the eminent person responsible for our country is Professor Adedeji. I’ll speak more about that later.
The system has a number of stages. The development of our country self- assessment report - and I want to emphasise “country” - it’s not government, it’s a country self-assessment report and a programme of action. This is based on a questionnaire that looks at four thematic areas: democracy and political governance; economic governance and management; corporate governance; and socioeconomic development.
Once we have developed the country self-assessment report and a programme of action that will be submitted to the APRM Secretariat, a country review team led by the panel member responsible for South Africa will visit us to consult a wide range of stakeholders on the report.
The country review team writes a response to our report, and all the reports are submitted to the APRM forum and later publicly released. The country review team will allow for an engagement with their comments on the report. Progress by countries in implementing the programmes of action is reviewed in later years. The point of these activities is to encourage African countries to plan a way forward for themselves and to implement their plans so that they can achieve their long-term development goals.
South Africa’s APR process will be overseen by our African Peer Review Mechanism Governing Council, which has ten members representing civil society and five members representing government. The members of the African Peer Review Council are as follows: Mr Bheki Sibiya from Business Unity SA; Mr Looks Matoto from the Disabled People of South Africa; Ms Zanele Twala from the South African non-governmental organisation, SANGOCO; Dr Nomonde Mqhayi from the SA Youth Council; Ms Thabisile Msezane from the SA Council of Churches; Mr Randal Howard representing Cosatu; Dr Mongane Wally Serote from our Arts and Culture sector; Mr Master Mahlobongoane from SANCO; Mrs Laura Kganyago from the National Women’s Coalition; Mr Moemedi Kepadisa from NACTU; the Minister of Finance, Mr Trevor Manuel; the Minister of Trade and Industry, Mr Mandisi Mpahlwa; the Minister of Justice and Constitutional Development, Miss Bridget Mabandla, the Minister in the Presidency, Dr Essop Pahad.
I have been honoured, and I am honoured, to be appointed as the country focal point and also chair the governing council. This means I lead the collective responsibility that the governing council has for leading South Africa’s involvement in the Peer Review Mechanism process. [Applause.] I take responsibility for the co-ordination thereof.
Over the next two months, South Africans will become familiar with two African Peer Review Mechanism structures, a country support mission and a country review team. The country support mission will be arriving early in November to assess our state of readiness and to review our approach to the African Peer Review Mechanism. It will engage with the road map that will be presented by the governing council and will point to areas that we can sharpen. This country support mission will also be available for any group who may want to make a submission before them.
The country review team will visit us once we have submitted our country self-assessment report and will meet with many stakeholders to assess the report and the programme of action attached to that. That meeting will take place early in 2006.
The country review team will engage with parliamentarians. It will obviously engage with the governing council, communities and broad institutions in civil society. It will ensure that it is an inclusive process.
Professor Adebayo Adedeji, as I indicated, is an eminent Nigerian leader and academic, and he will lead both these visits. I am sure the House will participate in the programmes for these important events and I look forward to its involvement.
The APRM is based on a country self-assessment report. I repeat this because there are many who make the assumption that this process is a government process. This process is one where there is an assessment of civil society, an assessment of the private sector, of business, and an assessment of government.
I would like to reflect briefly on self-assessment as an approach. Self- assessment is increasingly recognised as a valuable technique to encourage growth and development at all levels: individually, as a group or as a country. The value of the approach is that it is not imposing and it ensures the ownership of the outcomes, as well as commitment to whatever resolution emerges.
The danger of self-assessment, however, broadly, is that it could open old wounds without necessarily providing the means to cope with old pain or grief that arises. In our case, I believe that the participatory broad- based nature of our process will ensure that this does not happen.
I believe that as a country we are moving beyond the healing of the wounds of the past to formulate a new growth path for ourselves. This involves agreeing with a clear national vision for the future and a plan for getting there. This is exactly what the APRM offers us - the opportunity to reap benefits of a negotiated, dialogue-based plan for our future.
The APRM will also allow us to build a deep and wide reserve of stakeholder capital. This will help us to bind our diverse society. And I strongly believe that the APRM is a way for us to create a shared collective future in which all South Africans have a stake. Let me just restate that: Not only to build but also to deepen a shared collective future in which all South Africans have a stake.
How will we approach the APRM? As regards implementing this exciting initiative, I wish to stress that this country’s process will be undertaken on a partnership basis. Our process will be based on the principle that it should be participatory and inclusive in order that the whole country benefits.
In any event, we have a rich history of social dialogue, a rich history of social engagement. This is almost natural. Look at our izimbizo processes: They do not exclude anyone. I want to stress that there is no intention or plot for any one partner to dominate the exercise. Indeed, anyone who thinks that it is either desirable or possible clearly does not understand the mechanism or what it intends to do.
We will be rolling out the process over the next nine months with extensive civil society involvement. This will mainly take place through provincial processes that will include local structures such as ward committees, as well as other local and community-based bodies.
Community development workers will also be deployed to undertake community consultations, while a network-based partnership will be set up under the leadership of the governing council. This network will allow us to mobilise all kinds of research bodies, as well as those with expertise in public participation.
All these activities will be supported by a staffed and resourced secretariat that will have components dealing with research, communication and public participation. Government is making a significant contribution to its expenses, as well as making personnel and other resources available.
One of the items to be discussed at tomorrow’s inaugural meeting of the governing council is what else should be done and how we mobilise resources to make our additional plans possible. Our plans for the APRM have a number of different elements, including the implementation of a high-profile, large-scale communication strategy to support our public participation activities.
These strategies will target South Africans from all walks of life and in all corners of our land, calling for them to make submissions on the governance issues of their choice. We aim not only to inform and educate people about the process, but also to get them involved and to get them to contribute.
We want this to become a massive countrywide social conversation, the likes of which we can only imagine, and it is pertinent that it is the 50th anniversary of the Freedom Charter when we do this APRM, because those of us who appreciate that process will remember that in 1955 there was a call for 10 000 volunteers to go to the different corners of our country and get the responses of our people. Let the APRM process be as inclusive as that process. Let it be as inclusive as our constitution-making process, let it be as inclusive as the processes that South Africans should undertake to make it what it should be.
Our communication and participation strategies will generate contributions and submissions that will be drawn upon in a research programme. In addition to public submissions, we will also be seeking more structured participation from research bodies. I cannot discuss the details thereof at this point, because our governing council will preside over these proposals. However, members of this House, rest assured, we are planning exactly the kind of inclusive participatory process that concerned and involved South Africans can expect and should receive.
Members should also be aware that our work will be presented at the second national consultative conference. This conference will be a great opportunity to consolidate our process and finalise our reports and programme of action.
We do have major issues and challenges. South Africa’s civil society is diverse and a vibrant sector that spans many different kinds of organisations and institutions, from charities and welfare bodies to development structures, cultural groups and sporting clubs. One of the challenges facing the APRM is ensuring that our civil society participation draws on the sector’s full diversity and does not overstate the interests of certain interest groups. We also need to work harder to ensure that the press helps build up a constructive momentum and does not take the easy route of focusing on the premature complaints of marginal lobby groups.
In conclusion, as chairperson of the governing council, I want to thank Parliament for its participation in this process and its activities in this regard. It is important for us to avoid a multiplicity of parallel processes. We must ensure that the mechanisms for public participation are clearly understood and do not seem to be contradictory. It is in that vein that I want to thank Parliament for having started its process, a process that will form and feed into the governing council process, as much as it will be distinctly separate, being part of the legislative arm of our broader governance structures.
We should ensure that all elements of South Africa’s APR process should dovetail and integrate with each other and lead to the formulation of a convincing, excellent report and programme of action - one that will clearly reflect the engagement of everyone. All the submissions that will come in will be brought together in a common country report. When the final report is done that will also be tabled before Parliament in order to engage with it. Let us ensure that we take forward the call that says, “The people shall govern”, and let’s ensure that it is a process that reflects umuntu ngumuntu ngabantu [you are a person because of other people]. Thank you. [Applause.]
DEBATE ON AFRICAN PEER REVIEW MECHANISM
Mr M R BALOYI: Madam Acting Speaker and hon House, I salute you. South Africa is one of the countries of the continent of Africa that has actively participated to establish the African Union and consequently the New Partnership for Africa’s Development with a vision to eradicate poverty and place countries on a path of sustainable growth and development in the international kraal of nations.
South Africa is a member state of the AU that is actively participating in the African Peer Review Mechanism, which is an aspect of the Nepad process. The APRM is a self-monitoring mechanism voluntarily acceded to by member states with the aim of fostering the adoption of policies, standards and practices that will lead to political stability, high economic growth, sustainable development and accelerated regional and economic integration.
This debate today comes at a point in time when our country has moved steps to take forward the practical implementation of the APRM. We are being reviewed! As the Minister has already stated, we are putting ourselves against a mirror with a view for us to look at ourselves as a nation and as a country, and to ask ourselves as to how we are performing in the areas of the promotion of democracy and good political governance; the promotion of sound economic governance and management; the promotion of corporate governance; as well as the promotion of socioeconomic development.
We are also putting ourselves against a mirror for the participating member states of the AU so that they may be in a position to assess our performance against the focus areas that I have just referred to in my speech, that is the promotion of democracy and good political governance; the promotion of sound economic governance and management; the promotion of corporate governance; and the promotion of socioeconomic development.
As Parliament we acknowledge that our country is hard at work to make the country’s first self-assessment against the APRM a successful project and we want to pledge our support to that process and the role that the stakeholders are playing, and we will continue to play until the whole review process is concluded.
We will monitor the process as we discharge our duties of oversight and accountability to ensure that it is in line with the rest of the continent, for ourselves and the whole world to see that the ANC-led government leads by example in upholding those standards, codes and practices that we set ourselves as individual countries or as collective member countries of the AU.
It is clear, regarding the programme of action that will be developed as the assessment process continues and also as the country’s report is submitted, that we have a duty as Parliament to ensure that such a programme is implemented, hence our commitment to support the programme right from the start. It is also a fitting moment for me to commit Parliament to support you, hon Minister, in your appointment as the country’s focal point and chairperson of the governing council to lead the review process. [Applause.]
We know that this responsibility places upon you a challenge to be at the centre of contestation of those different people with different views as to who we are against the APRM. Of course, we have already started to hear some people saying this and that about the process.
One of the serious challenges that all of us have to be ready to face is to encourage active participation of civil society in the process of country review that is done in terms of the directive and structures as it is called for and it is supposed to be managed, as per the memorandum of understanding for the APRM.
We want to add our voice as Parliament to say to all the people of South Africa that the time is now that their voices are loudly heard, to share their views in the assessment process by participating in the process, by availing themselves to attend public hearings or make written submissions.
We have a duty as Parliament to adopt an approach that seeks to see ourselves operating in a manner implied in the doctrine of the separation of powers between the three organs of state, namely Parliament, the executive and the judiciary. And accordingly we are going to play an active role to facilitate a parliamentary programme for the review process without compromising our oversight role.
We want to state that our active participation is in no way suggesting a competition with the country’s assessment process as championed by the government and other stakeholders. It is just a democratic principle located in the doctrine of the separation of powers that Parliament also has a role to play in dealing with these very important projects.
Accordingly, we have already established a joint co-ordinating committee that will soon present a programme of action for the parliamentary process and also in participating in this process we want to make the same call as we did earlier that South Africans, as individuals and as members of various formations, should be ready to make a contribution in this process.
Hi vurile khale hi ri Afrika Dzonga leswaku ku humelela ka Afrika ku ta va kona loko hi rhangisa emahlweni timhaka ta ku rhula, ku hluvukisa ikhonomi, hi ku antswisa vutomi bya vanhu hinkwavo.
Pfhumba ra hina ra Nepad, leri vuriwa Peer Review Mechanism, ri hi lerisa lesawku hi tixopaxopa hi ri tiko. Ndzi rhandza ku vula ka ha ri sweswi leswaku hi ri tiko ra Afrika Dzonga, hi mintlawa ya hina ya ku hambana, hi hina hi faneleke hi hoxa xandla leswaku hi tixopaxopa ku ya hi pfhumba leri. Hi ku tixopaxopa hi kota ku vona loko ku ri kona laha hi kayivelaka kona hi kota ku lunghisa. Hi kota ku vona laha hi nga tiya ngopfu kona, hi tiyisisa hi ya emahlweni leswaku ku humelela ka Afrika ku nga vi norho ku va mhaka ya ntiyiso. Inkomu. (Translation of Xitsonga paragraphs follows.)
[We have said for a long time here in South Africa that the success of Africa will only come into being when we put the issue of peace first, and then economic development, which will improve the lives of all people.
The programme of Nepad called the Peer Review Mechanism instructs us to do some soul searching as a country. I would like to say right now that as the country of South Africa, with our different cultural groups, it is we who are supposed to be contributing so that we can scrutinise ourselves according to this programme. By scrutinising ourselves we will be able to see the area where we still fall short, so that we can rectify this. We are able to see where we are strong and we should hold on to it, so that the success of Africa should not become a pipe dream but a reality. [I thank you.]
Mr W J SEREMANE: Madam Acting Speaker, while the Minister is still here, I want to thank the Table for successfully battling with the gremlins that took my name off the screen. I wasn’t sure that I was going to speak, but they did a magnificent job and got it back on.
Let me put it on record that the importance of South Africa’s review under the African Peer Review Mechanism cannot be underestimated. South Africa is rightly regarded as the architect of Nepad and as being the leading force behind the establishment of the Peer Review Mechanism.
This means that we are under extra pressure to ensure that our peer review process is beyond reproach. This fact was acknowledged by President Thabo Mbeki, who at the recent APRM consultative conference stated that:
It is natural that the rest of the continent will watch this process carefully. They have expectations of this country – South Africa - that they don’t have of other countries on the continent.
The APRM is in many ways the most important part of Nepad as it empowers African countries to ensure that they meet their own commitment to good governance, which is inherent in Nepad. This is a welcome shift from the previous position of many African countries that put protection of sovereignty above all other considerations to the detriment of the protection of the fundamental principles of good governance.
As the peer review process is ultimately an assessment of the government’s performance it is absolutely essential that government does not play the role of judge and jury. This is underscored by the experience from other African countries that have already undertaken the APRM process. While the government of Rwanda, for example, claim to have consulted extensively with civil society on its submission to the APRM, the process of evaluating Rwanda’s police, economic and corporate governance systems in reality bore a heavy stamp of Kigali. This generated, justifiably, a negative reaction from Rwandan civil society and it ultimately undermined the credibility of the Rwandan review process.
A far better model is the Ghanaian process, which was largely driven by civil society. The Ghanaian report, which is yet to be published, was a more balanced, honest and productive assessment of where the country stands and how to correct the shortcomings. Perhaps the most valuable lesson from the Ghanaian process is that it took significant pressure from civil society to make this happen.
Thus it is heartening to see that the South African civil society has taken such an active interest in South Africa’s APRM, for without this kind of pressure there is a danger and temptation that South Africa could more closely replicate the Rwandan rather than the Ghanaian experience.
In this regard, while the DA welcomed the inclusion of ten civil society representatives on the 15-member governing council of the APRM, we have also voiced concerns about the government’s management of the process so far. It is very unfortunate that the APRM has not got off to a good start.
This consultative conference was announced at such very short notice that it did not give interested parties sufficient time to prepare. The actual details of the conference were not properly communicated; participants did not know, for example, whether they were required to make actual inputs into the review process and even how they were expected to make these inputs.
Furthermore, the governing council has yet to give the explicit assurance that the final report will not be drafted and edited solely by the government. If this were to happen it would make a mockery of any effort to make the review as inclusive as possible and it would undermine the report’s credibility.
We are not alone in being concerned that the report could and should not become a government whitewash document. A number of civil society organisations have established a shadow review to draft a review in parallel to the actual official submission of the APRM. Their decision to do so stems from the fact that the organ that chose the civil society groups to serve on the governing council is closely affiliated to and even funded by the Department of Foreign Affairs. Therefore, despite civil society representation on the governing council, the independence of those groups represented from government is a bit questionable.
In order to put the process back on track and to restore public confidence in the APRM the governing council must communicate very clearly the timetable for the review, how stakeholders can make submissions and, finally, give the assurance that it will not write and edit the final report.
Africa and indeed the whole world are watching our review. We dare not fail them by having anything but a review which lives up to the highest possible standards. Last, but not least, we need to enhance all that the Nepad espouses, not only for our sake, but also for Africa’s sake. Thank you very much. Inkomu. [I thank you.] [Applause.]
Ms S C VOS: Acting Speaker, in supporting South Africa’s stated country- inclusive approach to the APRM process the Speaker and the Chairperson of the NCOP are also to be congratulated on their wisdom in courageously and constructively exhorting us all to hold up a mirror to ourselves and to this House as we embark on South Africa’s participation in the APRM.
This really is real democracy in action. It is only right that Parliament embarks on an entirely separate but parallel peer review process to that being conducted by government. In doing so the Speaker of Parliament and the Chairperson of the NCOP are correctly re-enforcing the separation of powers as they are defined in the Constitution of the Republic between ourselves and the executive.
We are accountable to the people of South Africa and our presiding officers are reminding us that we are independent, that we have oversight over the executive and that we must properly exercise this authority as we see fit. The APRM is not a one size fits all package. The fact that parliaments in other countries in Africa, that have far been reviewed, have to date chosen not to do this is irrelevant. It is intended that as we examine ourselves and the effectiveness of this Parliament we will robustly do so along with civil society and all the individuals and organisations that wish to participate.
Madam Speaker knows, as does the Chairperson of the NCOP, that we may not like what we see from time to time when we peer closely into this mirror and as we adjust the angle from full face to side down and even a glance from behind. The fact that we are holding that mirror up with a steady hand and that we are looking critically at ourselves, warts and all, is what is right and what we all support.
This is how we can earn the respect of Africa and indeed our own self- respect and integrity as members of Parliament. Thank you.
Mr L W GREYLING: Hon Acting Speaker, it is clear that the APRM represents a new chapter in Africa’s history. It signifies Africa taking control of its own destiny by countries finally measuring themselves according to an agreed-upon set of standards drawn up by the countries themselves. It is the ID’s wish that the APRM will become the new measure by which countries are judged rather than those imposed by outside institutions like the World Bank and the IMF.
However, for this to happen it is important that the process be run as transparently and inclusively as possible. Engagement with civil society on this issue must be real and cannot be allowed to simply fall into the category of ticking off a box on consultation.
Already there have been certain allegations from some sectors that this process has not been as transparent and inclusive as they would have liked. It is important that government and civil society find each other on the APRM and that we don’t see another process characterised by acrimony on both sides.
To the ID it is vital that this process succeeds in South Africa not only for our own country, but also for the continent as a whole. We are willing and ready to play our part in this endeavour and we are honoured that two of our members have been chosen to serve on the parliamentary committees considering different aspects of the process.
We will certainly afford this issue our greatest priority and we hope to see an honest and frank approach towards South Africa’s challenges both in the parliamentary committees and in the broader society debate. I thank you.
Mrs C DUDLEY: Madam Acting Speaker, the ACDP believes the APRM can be used as a tool to break the bonds of poverty that have for so long enslaved the African continent. The initiative of the APRM creates a structure in which the principles of democracy and good governance can flourish. The ACDP fully supports this initiative.
The litmus test, however, lies in the ability of South Africans from all spheres to honestly recognise the challenges, as well as develop political will and social commitment to deal with them swiftly. For example, South Africa recently experienced the growing frustration of its citizens at the slow pace of delivery in many areas, resulting in a spate of protests across the country. Underserviced communities can result in severe health risks for hundreds of individuals, as was the case in Delmas recently with the typhoid outbreak that should easily have been avoided.
Improvement on the entire African continent will begin with improvement in individual countries through the policies ratified in their respective parliaments. We must therefore adopt an attitude where we do not shy away from engaging with fellow African countries that undermine the role of Parliament and do not uphold the principles of democracy.
In conclusion, the ACDP is optimistic but would caution that the APRM must not be seen as a sham or reduced to a popularity contest, but executed as a means of genuinely improving the state of any nation committed to upholding principles of democracy. I thank you. [Time expired.]
Ms L M MASHIANE: Thank you, Madam Acting Speaker, Ministers and Deputy Ministers present here, hon members, delegates and my fiancé up there and comrades somewhere up there. [Applause.]
Ke dumela gore tumellano e re tsenang mo go yona jaaka naga ya go thlolwa le go thlodisisiwa ka mokgwa wa African Peer Review Mechanism, re tsena mo go yona ka dipelo tse di tletseng jaaka Maaforikaborwa. Seo re tshwanetse go se dira mmogo re sa tlogele ope ko ntle.
Ke utlwa go kare motlotlegi Seremane o setse a na le mathata a gore go kare batho ba bang ba ya go tlogelwa ko ntle. (Translation of Setswana paragraphs follows.)
[I believe that as South Africans we have to participate wholeheartedly in this signed agreement of reviewing the country by way of the African Peer Review Mechanism. We have to work together, ensuring that no one is left behind.
It seems as if the hon Seremane already has some problems regarding other people who will not be included in this process.]
That is not what we are intending to do.
Seo re batlang go se dira ke gore mongwe le mongwe o tshwanetse gore a bane le tetla le kgonego ya gore a kgone go itsi gore seo se tla diragalang ke eng. [We want to ensure that everybody has the right and the opportunity to be informed about what will happen.]
In agreeing to a country review South Africans therefore clearly demonstrate their willingness and collective commitment to a fight against poverty, corruption and underdevelopment. Equally important in the review process is the space it provides for identifying gaps in our policies and government structures, and affording us the opportunity to improve. [Interjections.]
The ACTING SPEAKER: Order! Order! Hon Mashiane, please take your seat.
Hon members, there are too many meetings and too many hon members moving up and down, and I don’t think that helps the House. If there is any business that needs to be conducted that is not relevant to what we are dealing with now, we would appeal that members do that in the privacy of their offices so that we continue with business - very, very important business of our country. I plead with you, and that includes the Chief Whip of the Majority Party who is moving around greeting members of his caucus, that he should please take his seat and be attentive.
Hon member, please resume your speech.
Ms L M MASHIANE: The Peer Review Mechanism as an extension of Nepad is a serious attempt at house cleaning and further providing us with the opportunity to assess our performance and capacity to deliver. The outcomes provided by this mechanism would provide deeper and practical meaning to the concept of African development.
However, for this process to be credible the people must take ownership. We must make use of our structures on the ground to explain the intentions of the review process in order to ensure that our people engage and understand its strategic importance, and that its outcomes can be welcomed without fear of punishment in order for people to gain confidence in the machinery of government.
This review process must be about people; it must seek to change people’s lives for the better. It is in this context that we should intensify the process of mass mobilisation so that we empower people and strengthen the efforts we are making in order to secure a better South Africa and a prosperous continent.
The socioeconomic development component of the review process is concerned with the promotion of sustainable development and issues around the protection of people’s rights. We have a lot of interest in this area, not only because they are rights enshrined in our Constitution, but also to check whether government programmes have indeed afforded people these rights and how far people have access to these services that stand to improve their lives.
While we have comprehensive programmes of social security, programmes to tackle rural poverty and food security, the review process must point us in the right direction and tell us if we are on course or have diverted from our policies.
While this process is the voluntary practice, it would, however, help all countries to learn from each other and would help accelerate the pace of development and in understanding our collective challenges.
This process is again a clear message that Africa is taking responsibility for its development and its future. The review process is carried out with the view that people are not equally liberated from the chains of poverty and that governments are at different levels of development and therefore need help in order to put in place the correct programmes with the necessary capacity to deliver.
The initiative of country assessment is but one of the steps to tackle Africa’s poverty. With the help of the review process, it is hoped that Africa would have the potential to move closer towards sustainable development, the outcome of which must create the conditions of economic development and sound governance.
One of the good things about this process is the space it offers to ordinary people to hold their elected representatives accountable to what they promised to deliver and what they can now deliver. We all have a collective responsibility to see this process succeed and we’re counting on all state organs for their support and co-operation.
The government has laid the foundation for socioeconomic reforms. We have programmes that deal with issues of economic distribution, for example, BEE programmes that target women and the girl-child, HIV/Aids comprehensive plans, programmes specifically targeting the rural poor, housing projects, local economic development strategies, etc.
These and others are but some of the core programmes that the ANC-led government has engineered in order to push back the frontiers of poverty. We would be counting on Parliament to continue playing its oversight role and engaging with the public and state structures in explaining the reasons why it is important for South Africa to take part in this process, and what this process means for ordinary people.
The Presidential imbizos, ward committees and citizens forums are but some of the people’s organs of power that are central to our democratic order in engaging the masses on what they want their government to do on their behalf.
Our spheres of government have been strengthened by the Intergovernmental Relations Act, which was established to create a framework of greater co- operation and integration.
The government structures and programmes I have mentioned all communicate one message: That the ANC-led government is serious about people’s participation in the administration of government. These structures give people the right to be active participants in the government they chose and enjoy equal opportunities as espoused in the Freedom Charter, which remains the fundamental point of departure in our efforts to create a caring society.
The ANC supports this review mechanism. Thank you, Acting Speaker. [Applause.]
Dr P W A MULDER: Deputy Speaker, how do we solve Africa’s problems?
Die VF Plus glo die Afrika-portuuroorsigmeganisme is ‘n belangrike deel van dié oplossing, en daarom steun die VF Plus hierdie plan en meganisme. [The FF Plus believes that the African Peer Review Mechanism is an important element of this solution and therefore the FF Plus supports this plan and this mechanism.]
The APRM is a crucial instrument developed by Africans for Africans. The successful and credible implementation of the process will largely determine the credibility that African countries may regain in the eyes of the critical world for the past few years.
This is a brave step for those countries that take part because they depart from the previous African practice, according to which everything unpleasant was categorised as internal affairs.
Die VF Plus gaan deelneem aan dié portuuroorsigproses. Dis egter belangrik dat die proses billik en regverdig teenoor almal moet wees, ook teenoor minderhede. As besluite deur meerderhede deurgeforseer gaan word, sal die proses nie eerlik en billik wees nie, en uiteindelik ‘n klugspel word.
‘n Belangrike toets wanneer regerings internasionaal gemeet word, is hoe hulle teenoor minderhede optree. Die onderdrukking van minderhede is een van Afrika se ernstigste probleme. Die VF Plus is daarom van plan om dit ‘n belangrike deel van die beoordeling te maak. Ek dank u. (Translation of Afrikaans paragraphs follows.)
[The FF Plus will participate in this peer review process. But it is important that this process should be equitable and fair towards everyone, also towards minorities. If decisions are forced through by majorities the process will not be fair and equitable and eventually it will become a farce.
When governments are assessed internationally, an important yardstick is their behaviour toward minorities. The oppression of minorities is one of Africa’s most serious problems. The FF Plus therefore plans to make this an important component of the assessment. Thank you.]
Mr I S MFUNDISI: Deputy Speaker and hon members, there is truth in the words “Black man, you are on your own”. The establishment of the APRM is meant to remove the dependency syndrome from the people on the African continent. They should learn and accept to stand on their own.
To us, the UCDP, it is as apt as when we said rena le lona [we support you], we meant that we have no one to look up to but ourselves. The same can be said of Africa at this point in time. There is no doubt that there are some doubting Thomases in the West and elsewhere, who have the nagging feeling that the New Partnership for Africa’s Development is doomed to fail, but we have to prove to them that people on this continent are not made of less valuable dust than those on other continents.
The UCDP applauds and supports the heads of state and government on the mother continent for having come up with an instrument that will pull up the continent from the quagmire by its bootstraps. The APRM is a bold, unique and pioneering measure that encourages African countries to analyse and assess their own progress and performance in important areas, and then develop their own indigenous responses as they see fit.
With the few human resources at our disposal in the UCDP we shall do our utmost to serve, support and stimulate interest in the course of the APRM. We surely have to realise that Africa is for Africans and all who live in it. I thank you.
Mr N T GODI: Madam Acting Speaker, comrades and hon members, the PAC adds its voice in support of the concept of African self-appraisal or self- criticism through the APRM. We are proud that South Africa is one of the pioneers, the trailblazers in this process. We congratulate countries that have already undergone the process and encourage all AU members to become part of this revolutionary process.
For the past 500 years others have sought to define us, set standards for us, think for us, and even claim to know us better than we know ourselves. This racist notion never should have been and the bold and nationalist stance of the AU to seek to do things for ourselves, not at the behest or prodding of others, is a step in consolidating African sovereignty and dignity.
The PAC, however, wishes to caution that the evaluation of the four areas of self-assessment should never be viewed through the tinted lenses of the Washington Consensus, and that we need at all times to be guided by the revolutionary principle of the massline in the first instance. And, also, that we should not fall into the shallow gorge of the bourgeoisie with their misleading overemphasis on the political superstructure to the total oblivion of the economic base or relations of production.
The PAC would also like to believe that the APRM and all other processes of the AU must not be seen as ends in themselves, but as pebbles preceding the landslide towards the unification and integration of the continent politically, economically and militarily - from Cape to Cairo, Morocco to Madagascar – thus giving Africa a zone of manoeuvre and resistance to external pressure and manipulation.
The PAC accordingly therefore calls on all our people and societal formations to rally behind the process, participate enthusiastically, and give it popular support. If the leaders of the continent continue on this path of independent thought and action unwaveringly, we can confidently borrow from Chairman Mao Ze Dong on his declaration of the People’s Republic of China on 1 October 1949, and also say Africa has stood up, we shall never be insulted again. Thank you. [Applause.]
Mr P J NEFOLOVHODWE: Madam Acting Speaker, in support of this process, Azapo understands that the APRM is a programme meant to be driven by the masses and governments of Africa, a continental process that seeks to encourage the people of Africa to adopt laws, policies and practices that promote the establishment of democratic institutions in Africa.
We should therefore use this opportunity to advance our own democracy, as well as critically examine our own practices and democratic institutions, with a view to improve these when the need arises. In doing so we should take into consideration the fact that we owe it to ourselves to improve the conditions of our existence in our country and the African continent.
In one of Nkrumah’s books, “Africa Must Unite”, he states:
The resources of Africa can be used to the best advantage and the maximum benefit to all only if they are set within an overall framework of a continentally planned development. An overall economic plan, covering an Africa united on a continental basis, would increase our total industrial and economic power.
Azapo believes that when Africa shall have adopted democratic practices that are aimed at eradicating poverty and promoting economic growth, continental stability and sustainable development, Nkrumah’s dream will be realisable. I thank you. [Applause.]
Mr D J SITHOLE: Acting Speaker, Ministers present here, the APRM is a mutually agreed instrument for self-monitoring by participating member states. This is the first instrument put in place by the African states to evaluate and monitor the implementation of their policies.
This is historic because for many decades institutions like the IMF, the World Bank and donor countries had the monopoly to evaluate our governments and decide what course of action must be taken by those governments. It is true that such evaluation resulted in untold misery on the continent, where essential services were cut to advance the goals of the structural adjustment programmes.
Many African states had no influence on the compilation of these reports, even if they had differed with the outcome of the report. Nevertheless, the donor countries decided what programme to fund and what programme not to fund. Thus, their influence diminished in the process, despite the fact that it was they who were being evaluated.
The primary purpose of the APRM, as stated by the speakers before me, is to foster the adoption of appropriate laws, policies, standards and practices that lead to political stability, high economic growth, sustainable development and accelerate subregional and continental economic integration. This will be achieved by African countries sharing experiences and defining the best practices for themselves and their peers.
This is a process, not a once-off event, as other people want us to believe. That when the report is issued, that is the end of the process. Parliament has agreed to participate in the first four stages, as we think they relate directly to the constitutional obligation of Parliament as an oversight body.
Whilst we will participate in these stages, we are mindful of the responsibility to perform oversight to ensure that the recommendations of the report are implemented. There are many of us who complain about the timeframes that are being given. It is true that the Minister has been criticised for setting such timeframes, but this exposes one critical problem, namely that those who live in such criticism have not informed themselves sufficiently that, in fact, the Minister is only complying with the requirements of the mechanism. The period is prescribed and therefore it is important for us to comply and not seek to change the period to suit our own desires.
We hear that certain sections of our civil society are concerned about the report, as elaborated on by hon Seremane - the report of the country, and that the government shall not edit the report. It is clear again from this assertion that those who complain of such an editing possibility have not made an effort to inform themselves and understand how the process will unfold, how it will work.
The report is a country report; it’s not a government report. The government did issue its own report, the ten-year review. And it went to elections after that ten-year review, and the ANC, whilst evaluated by the electorate, was given another mandate to govern, suggesting that the electorate accepted its evaluation and accepted that it can continue to govern.
The peer review process deals with the country report and therefore it goes beyond political parties and the executive. It is the APRM panel that will process and give the final report, not the Minister, not the country governing council, nor the executive, and therefore, hon Seremane, those who complain about the fact that the government possesses the possibility to edit the report are actually incorrect.
Yes, the final report will be given to government for the government to be able to respond to specific areas that are raised in the report, but when the panel finalises the report it will attach the response of government in the final report; they will not amend the report itself. They will attach that response as an annexure to the final report of the government. Therefore, I suggest that the civil society that sought to write a shadow report should consider that and actually seek to inform themselves as to how the process will be working.
The APRM provides the opportunity for the country to evaluate itself, and therefore the civil society that we all speak about, and the civil society that is so concerned, should also take this opportunity to evaluate itself as to who they really represent, how they represent that constituency, and how effectively they are representing that constituency, so that they, themselves, will have the capacity to identify weaknesses and learn from the process.
We trust that those organisations that have always proclaimed that they represent ordinary men and women of this country will use this opportunity to mobilise the masses to make a direct input in the process, as opposed to them speaking for the masses. We must avoid presenting judgements as to how the process should unfold and how processes have unfolded in other countries.
Hon Seremane raised the fact that the Ghana option is and was the better option. However, we must accept that the peer review process in itself is a developing concept, and therefore we all contribute in shaping what will be the best practice that will come out of the process. It is difficult and dangerous for us to criticise other options that were adopted by other countries when we, at the same time, proclaim to be learning together. We shall continue to learn together and take on what we think is better, and discard what we think is not correct. But, for us to argue that one process is better than another, defeats the object of the exercise.
I want to draw attention to the fact that Parliament, whilst participating in this process, has a critical role in the finalisation of this process. It will be Parliament that will be responsible for oversight to ensure that government does execute the recommendations as made by the panel, and therefore Parliament and civil society shall join hands and work together to ensure that the recommendations are implemented. Thank you. [Applause.]
The MINISTER FOR THE PUBLIC SERVICE AND ADMINISTRATION: Hon Acting Speaker, hon members, I want to reflect on the creativity and opportunities that are there in the APRM process. And I’m sure all of us use cellphones outside of this House and across the country - except hon Seremane. I don’t think he knows how to use the cellphone message mechanism. But what I am raising on creativity is the fact that regarding the Kenya process, young people used SMSs in order to be able to overcome the question of time for contact, as well as ensuring that they reached the far-flung sectors of the country.
In our situation, wireless technology is being used by young and old, whether they are in edolobheni noma emaphandleni, in other words in towns or in rural communities, whether in taxis or elsewhere. And I think hon member Hendrickse today has just helped us regarding how to be creative about sending a message to encourage people to talk around the APRM.
We’d like to have a situation wherein people speak in taxis. We’d like to have a situation wherein people speak in pubs. We’d like people to speak in churches, temples and mosques. We’d like people to speak about the APRM all over. But we’d want them to be informed. In order to do that, there is a need for them to have an understanding of what exactly this process is about. And for them to have an understanding, we need to ensure that hon members, like hon Seremane, go on a training course so that they can have a better understanding of the APRM.
At no point in time had we suggested that this process would not be participatory and inclusive. At no time had we suggested that there’d be anyone left out. So for anybody to even entertain that there could be a consideration by fringe elements to write a shadow report is actually about not understanding the importance of representative and elected democracy in this country. That is because of people who don’t choose to appreciate who it is that is actually serving on the governing council. It shows that there are elements that are suggesting that civil society, as constituted, is problematic.
Now, maybe, having heard the question that probably because Foreign Affairs pays the budget to the Ecosoc chapter of the AU and that who pays the piper calls the tune, what does that tell us about those civil society structures that get funding from all over? What does it tell us about how we perceive the ability of constituencies and organisations to intervene robustly?
I have never had the sense that the constituencies that I have mentioned have had any fear about their participation. So let’s not see this process as a government process. Let’s look at the Peer Review Council and judge the council on their credentials as they deliver on the work required. After all, that’s why there is a parliamentary process because reports will also come to Parliament, and Parliament will be able to engage the process.
It’s not about who’s being the judge and the jury at the same time. What hon Seremane chose not to remember is that Dr Stals indicated that the reason Ghana, amongst others, decided to place its peer review in four independent institutions was due to the fact that it coincided with a general election. The head of state of Ghana said that they did not want a disruption of the process, hence they did not have a member of the executive leading the process because if there had been a change in government that would have disrupted the process. Let’s not be selective about what we remember. It’s our responsibility to inform our constituency about all aspects.
I want to thank hon members for their engagement in this debate this afternoon, and I want to thank you for the issues that you have raised. Indeed, as Minister of the Public Service, focal point in South Africa, and Chair of the Peer Review Council, I will raise these matters and we will consider the points that have been raised. But I don’t think we should start out with fear that the peer review process is flawed. It is not flawed. It is a necessary process that will engage everyone.
I think our responsibility is to ensure that South Africans are talking, that South Africans talk about the peer review wherever they are. Use your cellphones. Put good messages in them that will stimulate discussion, because South Africans utilise their cellphones wherever they are.
Let’s speak in taxis, let’s speak at weddings, and let’s speak where we come together because we are in dialogue. We are doing a self-assessment. As has already been stated by other members, we are doing a self-assessment through which we want to look at sustainable development in the area of the economy, in the area of social development, in the area of corporate governance, and in the area of politics and democracy. Be part of it.
Go out into your constituency and inform them about this; engage them. Be with the people. Our strength will be the extent to which we use civic structures and the extent to which we use communities. Our schoolchildren must write and reflect on how they see the peer review. I thank you. [Time expired.] [Applause.]
Debate concluded.
AFRICAN PEER REVIEW MECHANISM PROCESS IN SOUTH AFRICA
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Acting Speaker, with leave, I move without notice:
That the House –
(1) notes that -
(a) the decision to establish the African Peer Review
Mechanism (APRM) was taken at the founding conference of the
African Union held in Durban in 2002; and
(b) South Africa will be the eighth country to be reviewed by
the APRM;
(2) recognises that the mandate of the APRM is to ensure that the policies and practices of participating states conform to the agreed political, economic and corporate governance values, codes and standards contained in the Declaration on Democracy, Political, Economic and Corporate Governance;
(3) acknowledges that at a meeting at Gallagher Estate in Midrand, Gauteng, on Wednesday, 28 September 2005, representatives of the people of South Africa conducted deliberations on the APRM process in our country and that delegates from government, business, trade unions, academia, and the entire spectrum of civil society were present;
(4) believes that every review exercise carried out under the authority of the APRM must be technically competent, credible and free of political manipulation and that these stipulations together constitute the core guiding principles of the APRM;
(5) observes that Parliament has set up joint committees to inform and engage the public in the process of the APRM;
(6) congratulates the African Union and President Thabo Mbeki for ensuring that our country plays a progressive role in the reconstruction and development of the African continent; and
(7) wishes the African Peer Review Mechanism success in its work in our country.
Agreed to.
ORDER OF PRECEDENCE: ORDER NO 6 AND ORDER NO 7
(Draft Resolution)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Acting Speaker, I move:
That precedence be given to Order No 6 and Order No 7 on the Order Paper.
Agreed to.
ELECTION OF MEMBERS TO THE JUDICIAL SERVICE COMMISSION
The ACTING SPEAKER: The election of the members of the Judicial Service Commission is done in terms of section 178(1)(h) of the Constitution. Six of the members of the Judicial Service Commission are designated from among the members of the NA. Section 178(1)(h) further determines that three of those designated must be members of the opposition parties represented in the Assembly.
With effect from 1 September 2005, Mr N P Nhleko of the ANC, who had been elected to serve on the Judicial Service Commission, has resigned as member of the NA. On 14 September 2005, Mr C V Burgess who had also been elected by the House to serve on the Judicial Service Commission as an opposition party representative left the ID and joined the ANC.
It is therefore necessary for the Assembly to designate one member from the majority party, and one member from the opposition parties to replace Mr Nhleko and Mr Burgess respectively.
We will first elect the candidate from the majority party. We have in our possession the nomination of Mr J B Sibanyoni from the ANC. Are there any further nominations from the majority party? None. Mr J B Sibanyoni is accordingly designated as a member of the Judicial Service Commission. [Applause.]
I will now take nominations for the candidates from the opposition parties. Are there any nominations?
Mr I S MFUNDISI: Acting Speaker, I stand to nominate hon C P Mulder. Thank you.
The CHIEF WHIP OF THE OPPOSITION: I second that. [Applause.] [Laughter.]
The ACTING SPEAKER: Thank you for seconding the name, but I never asked for you to second. [Laughter.] Dr C P Mulder is accordingly nominated and elected to this position. [Applause.]
ELECTION OF MEMBER TO THE PAN AFRICAN PARLIAMENT
The ACTING SPEAKER: Hon members, I wish to remind members that of five representatives to the Pan African Parliament, three are nominated from the majority party, and two from the opposition parties. On 8 September 2005, Adv Madasa left the ACDP and joined the ANC. It is therefore necessary for the Assembly to designate one member from the opposition parties to replace Adv Madasa. Are there any nominations?
The CHIEF WHIP OF THE OPPOSITION: Madam Acting Speaker, I would like to nominate Mr W J Seremane. [Interjections.]
Mr N T GODI: Acting Speaker, it is my pleasure and honour to nominate Comrade P J Nefolovhodwe.
The ACTING SPEAKER: Are there any further nominations? None. The candidates from the opposition parties are, as follows: Mr W J Seremane, from the DA, and Mr P J Nefolovhodwe from Azapo. I will put each nomination separately to the House for decision. Members should vote for each candidate when the name is put. The candidate with the largest number of votes will be elected to the Pan African Parliament. The bells will be rung for 10 minutes to alert members to the vote being taken.
Question put: That Mr W J Seremane be elected as a member of the Pan African Parliament.
AYES - 46: Bekker, H J; Bhengu , M J; Blanché, J P I; Botha, C-S; Camerer, S M; Chang, E S; Coetzee, R; Cupido, H B ; Davidson, I O; Delport, J T; Doman, W P; Dreyer, A M; Dudley, C; Ellis, M J; Farrow, S B; Gibson, D H M; Groenewald, P J; Jankielsohn, R; Kalyan, S V; King, R J; Kohler-Barnard, D; Labuschagne, L B; Lee, T D; Lowe, C M; Minnie, K J; Morgan, G R; Opperman, S E; Rabie, P J; Seaton, S A; Selfe, J; Seremane, W J; Sibuyana, M W; Smuts, M; Stephens, M; Swart, P; Swart, S N; Swathe, M M; Van der Walt, D; Van Dyk, S M; Van Niekerk, A I; Vezi, T E; Vos, S C; Waters, M; Weber, H; Zille, H; Zulu, N E.
NOES - 201: Abram, S; Ainslie, A R; Arendse, J D; Asiya, S E; Balfour, B M N; Baloyi, M R; Batyi, F; Benjamin, J; Bici, J; Bogopane-Zulu, H I; Bonhomme, T J; Botha, N G W; Burgess, C V; Cachalia, I M; Carrim, Y I; Cele, M A; Chohan-Khota, F I; Combrinck, J J; Cronin, J P; Cwele, S C; Dambuza, B N; De Lange, J H; Diale, L N; Direko, I W; Dithebe, S L; Doidge, G Q M; Du Toit, D C ; Fraser-Moleketi, G J; Frolick, C T; Gaum, A H; Gcwabaza, N E; George, M E; Gerber, P A; Godi, N T; Gogotya, N J; Gololo, C L; Goniwe, M T; Gore, V C; Greyling, C H F; Gumede, D M; Gumede, M M; Hendrickse, PAC; Holomisa, S P; Huang, S; Jacobus, L ; Jeffery, J H; Johnson, C B; Johnson, M; Kasienyane, O R; Kati, Z J; Kekana, C D; Kholwane, S E; Khumalo, K M; Khumalo, M S; Khunou, N P; Komphela, B M; Kota, Z A; Landers, L T; Lekgetho, G; Lekgoro, M K; Lishivha, T E; Louw, J T; Louw, S K; Maake, J J; Mabandla, B S; Mabena, D C; Mabuyakhulu, D V; Madella, A F; Madikiza, G T; Maduma , L D; Madumise, M M; Magau, K R; Magubane, N E ; Magwanishe, G B; Mahlawe, N M; Mahomed, F; Mahote, S; Maine, M S; Maja, S J; Malahlela, M J; Maloyi, P D N; Maluleka, H P; Maluleke, D K; Manana, M N S; Martins, B A D; Maserumule, F T; Mashangoane, P R; Mashiane, L M; Mashigo, R J; Masutha, T M; Mathebe, P M; Mathibela, N F; Matlala, M H; Matsemela, M L; Matsomela, M J J ; Mayatula, S M; Mbombo, N D; Mdladlose, M M; Mentor, M P; Meruti, M V; Mfundisi, IS; Mgabadeli, H C; Mkhize, Z S; Mlangeni, A; Mnguni, B A; Mnyandu, B J; Modisenyane, L J; Mofokeng, T R; Mogale, O M; Mogase, I D; Mohamed, I J; Mohlaloga, M R; Mokoena, A D; Moloto, K A; Montsitsi, S D; Moonsamy, K; Morkel, C M; Morobi, D M; Mosala, B G; Moss, L N; Mshudulu, S A; Mthembu, B; Mthethwa, E N; Mtshali, E; Mzondeki, M J G; Ndzanga, R A; Nefolovhodwe, P J; Nel, A C; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngculu, L V J; Ngele, N J; Ngema, M V; Ngiba, B C; Ngwenya, M L; Nhlengethwa, D G; Njikelana, S J ; Njobe, M A A; Nkabinde, N C; Nkem-Abonta, E; Nogumla, R Z; Nonkonyana, M; Nqakula, C; Ntuli, B M; Ntuli, M M; Ntuli, R S; Nwamitwa-Shilubana, T L P; Nxumalo, M D; Nxumalo, S N ; Nzimande, L P M; Olifant, D A A; Oliphant, G G; Oosthuizen, G C; Phadagi, M G; Phungula, J P; Pieterse, R D; Radebe, B A; Ramgobin, M; Ramodibe, D M; Ramotsamai, C P M; Ramphele, T D H; Reid, L R R; Rwexana, S P; Saloojee, E; Schneemann, G D; Schippers, J; Schoeman, E A; Sefularo, M; Sekgobela, P S; September , C C; Sibande, M P; Sibanyoni, J B; Siboza, S ; Sigcau , Sylvia N; Sikakane, M R; Simmons, S; Sithole, D J; Solo, B M; Solomon, G; Sonjica, B P; Sonto, M R; Sosibo, J E; Sotyu, M M; Surty, M E; Thabethe, E; Thomson, B; Tobias, T V; Tsenoli, S L; Tshivhase, T J; Tshwete, P; Vadi, I; Van der Merwe, S C; Van der Heever, R P Z; Van Wyk, A; Wang, Y; Woods, G G; Yengeni, L L; Zita, L; Zulu, B Z.
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, on a point of order: It would seem to me, from this count, that the majority party has voted, whereas what we are doing is appointing a representative of the opposition. I would suggest to you that we should revote and allow the opposition to vote, and to choose their candidate. Otherwise, it is the ANC that is choosing the opposition representative. [Interjections.]
The ACTING SPEAKER: Order, hon members. Let me just take that point that was raised . . . [Interjections.]
The CHIEF WHIP OF THE MAJORITY: I was going to help you quickly. But anyway . . . [Interjections.]
The ACTING SPEAKER: I don’t need help. When I do I will shout for help. Hon members, we all know that we are not going to play games here. It is the House that elects. Members of the ANC are members of this House. They have the right to elect anybody that they feel they would like to support. So, that is not a point of order.
The CHIEF WHIP OF THE OPPOSITION: Madam, may I rise on a different point of order?
The ACTING SPEAKER: On a different one? How many points of order are you going to raise?
The CHIEF WHIP OF THE OPPOSITION: This is the only one I am raising at the moment, Madam. The candidate is supposed to represent the opposition. Now Mr Seremane serves in a party that is the largest opposition party. The other candidate who is being nominated serves in a party that is in the government. Therefore it can’t possibly be an opposition party.
Azapo is represented in the government, and it is a governing party together with the ANC. On that basis, I submit to you that there is only one opposition candidate, and he should be declared elected. [Applause.]
The ACTING SPEAKER: Hon members, I am not even inviting you, Deputy Chief Whip, to address me on this matter, because that is out of order. Mr Gibson, I don’t know whether year in and year out you are going to be raising the same things. Fortunately for me I was chairing when the first five people were elected, and the same arguments that you are advancing today, which were rejected then, can never be correct.
Mr R COETZEE: This is a farce!
The ACTING SPEAKER: Fortunately, all of us . . . [Interjections.]
Hon Gibson, as a member of this House, I would like to appeal to you, for the last time, to allow the process of the House to be completed. If there is anything flawed, I don’t know of Azapo being in government. I know that there is a member of Azapo who is in Cabinet, but Azapo as a party is not with the ANC in government. You know that, I don’t understand why you are distorting that.
Mr R COETZEE: It’s pure semantics!
The ACTING SPEAKER: Well, it may sound like semantics, but I am not in the process of being in an English lesson. I therefore rule both the points that you were raising as out of order. I would like us to continue. [Applause.]
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Madam Acting Speaker, I had wanted to raise the issue that clearly the process is being abused, because exactly the same points have been raised over and over. [Applause.] I think you have already ruled on that.
The further point that I want to raise is that whilst we were dealing with this matter, a member of the DA interjected to say that this is a farce. [Interjections.] Mr C M LOWE: It is a farce!
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Now we had raised the same point of order the last time. I don’t think it can be parliamentary and in order for a legitimate process of this House to be described as farcical. It can’t be in order, and we ask that that be withdrawn.
The ACTING SPEAKER: I think, hon Lowe, you are mentioning it again as a point of order is raised. I am going to ask you to please respect the Chair. Irrespective of how you feel, we are going to conduct ourselves in this House in a manner becoming of hon members. So, Mr Lowe, any parliamentary process that we are engaged in being referred to as a farce, is unparliamentary. I would like you to withdraw that.
Mr C M LOWE: Madam Deputy Speaker, I am terribly sorry. This is a farce and there is nothing democratic happening here this afternoon. Government is deciding for itself who the opposition’s representative will be. It is a farce, and it’s actually worse than a farce. It is a slight on democracy. I am not prepared to withdraw it.
The ACTING SPEAKER: Mr Lowe, I think you are insulting the House. You continuously insult the . . . [Interjections.] You can applaud him for insulting the House, which is what you are applauding. I am ruling against what he is doing, because he is wasting our time, unnecessarily so.
There is a protocol governing the Pan-African Parliament. If this Assembly was wrong in arriving at any decision, we will be found guilty for that. It is not for you to come and call our processes as farcical, because you know very well that it is not a farce. I would like to come back to that ruling, Deputy Chief Whip, if you can allow us. Let us conclude what we are busy dealing with.
We will get the copies of Hansard, but I heard Mr Lowe myself. But previous to that, other people said it, and we will make a ruling, because I don’t want us to be diverted. This House is engaged in a very important matter , and we are going to continue and conclude that, whether some people like it or not. I now proceed.
Mr C M LOWE: Madam Deputy Speaker, may I address you on a point of order, please? [Interjections.]
The ACTING SPEAKER: I beg your pardon?
Mr C M LOWE: Madam Deputy Speaker, may I address you on a point of order, please? [Interjections.]
The ACTING SPEAKER: No. The point that I’m waiting for you to address me on is that of withdrawing your words. Mr C M LOWE: Madam Deputy Speaker, there’s no need to check Hansard. I did use the word “farce”. I called it a farce. It is also an insult to the democratic process and an insult to my colleague, the hon Joe Seremane. [Interjections.] I’m not prepared to withdraw, with respect, Madam Deputy Speaker. I will not withdraw.
The ACTING SPEAKER: Hon member, am I making myself clear? Are you going to withdraw?
Mr C M LOWE: No, with respect, I will not withdraw.
The ACTING SPEAKER: Will you please leave the Chamber.
Mr C M LOWE: I will. [Interjections.]
Mr C M Louwe, having disregarded the authority of the Chair, was ordered to withdraw from the chamber for the remainder of the day’s sitting whereupon the member withdrew.
The ACTING SPEAKER: Hon member, I can’t hear you.
The DEPUTY MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: That hon member shouted it’s a farce. I would ask you to ask him to withdraw it – he’s shouting it still. If he doesn’t, please get him to leave the Chamber.
The ACTING SPEAKER: Who is?
The DEPUTY MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: He’s shouting there. Ryan Coetzee, the hon Ryan Coetzee. The ACTING SPEAKER: Will you please withdraw?
The DEPUTY MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: And Mike Waters as well, but I’ll leave him for now. [Interjections.]
The ACTING SPEAKER: Are you, Ryan Coetzee? Will you please take the microphone and withdraw.
Mr R COETZEE: [Inaudible.]
The ACTING SPEAKER: You are not going to withdraw? Move out of the Chamber then. Anybody who is associated with this – saying that this is a farce – should move out. You are an hon member, will you please take the microphone.
Mr M WATERS: Yes, Madam Acting Speaker?
The ACTING SPEAKER: You just shouted: “It is a farce. It remains a farce.”
Mr M WATERS: That’s a fact.
The ACTING SPEAKER: And I’m saying, withdraw, because it is not a farce.
Mr M WATERS: The ruling party has no right to determine the opposition candidate . . . [Interjections.] . . . and it is a blatant farce. It’s like the ruling party determining who the candidates are going to be in an election for the opposition parties.
The ACTING SPEAKER: I don’t need a lecture! Hon member, I don’t need a lecture! Are you going to withdraw, or move out of the Chamber?
Mr M WATERS: Certainly not.
The ACTING SPEAKER: Then move out of the Chamber. Move out of the Chamber, please. [Interjections.]
Mr M WATERS, having disregarded the authority of the chair was ordered to withdraw from the Chamber for the remainder of the day’s sitting. Whereupon the member withdrew.
The ACTING SPEAKER: Mr Coetzee, you wanted to address me? [Interjections.] Hon members, please! We are continuing with voting. We have a national responsibility, and we want to continue doing what the nation expects us to do. [Interjections.]
The DEPUTY MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: He’s shouting still, “It’s a farce.”
The ACTING SPEAKER: I now put the question that … Deputy Minister De Lange, please! Otherwise you will join them outside. [Laughter.] Then you can continue the debate outside.
Question put: That Mr P J Nefolovhodwe be elected as a member of the Pan African Parliament.
AYES - 201: Abram, S; Ainslie, A R; Arendse, J D; Asiya, S E; Balfour, B M N; Baloyi, M R; Batyi, F; Benjamin, J; Bici, J; Bogopane-Zulu, H I; Bonhomme, T J; Botha, N G W; Burgess, C V; Cachalia, I M; Carrim, Y I; Cele, M A; Chohan-Khota, F I; Combrinck, J J; Cronin, J P; Cwele, S C; Dambuza, B N; De Lange, J H; Diale, L N; Direko, I W; Dithebe, S L; Doidge, G Q M; Du Toit, D C ; Fraser-Moleketi, G J; Frolick, C T; Gaum, A H; Gcwabaza, N E; George, M E; Gerber, P A; Godi, N T; Gogotya, N J; Gololo, C L; Goniwe, M T; Gore, V C; Greyling, C H F; Gumede, D M; Gumede, M M; Hendrickse, PAC; Holomisa, S P; Huang, S; Jacobus, L ; Jeffery, J H; Johnson, C B; Johnson, M; Kasienyane, O R; Kati, Z J; Kekana, C D; Kholwane, S E; Khumalo, K M; Khumalo, M S; Khunou, N P; Komphela, B M; Kota, Z A; Landers, L T; Lekgetho, G; Lekgoro, M K; Lishivha, T E; Louw, J T; Louw, S K; Maake, J J; Mabandla, B S; Mabena, D C; Mabuyakhulu, D V; Madella, A F; Madikiza, G T; Maduma , L D; Madumise, M M; Magau, K R; Magubane, N E ; Magwanishe, G B; Mahlawe, N M; Mahomed, F; Mahote, S; Maine, M S; Maja, S J; Malahlela, M J; Maloyi, P D N; Maluleka, H P; Maluleke, D K; Manana, M N S; Martins, B A D; Maserumule, F T; Mashangoane, P R; Mashiane, L M; Mashigo, R J; Masutha, T M; Mathebe, P M; Mathibela, N F; Matlala, M H; Matsemela, M L; Matsomela, M J J ; Mayatula, S M; Mbombo, N D; Mdladlose, M M; Mentor, M P; Meruti, M V; Mfundisi, IS; Mgabadeli, H C; Mkhize, Z S; Mlangeni, A; Mnguni, B A; Mnyandu, B J; Modisenyane, L J; Mofokeng, T R; Mogale, O M; Mogase, I D; Mohamed, I J; Mohlaloga, M R; Mokoena, A D; Moloto, K A; Montsitsi, S D; Moonsamy, K; Morkel, C M; Morobi, D M; Mosala, B G; Moss, L N; Mshudulu, S A; Mthembu, B; Mthethwa, E N; Mtshali, E; Mzondeki, M J G; Ndzanga, R A; Nefolovhodwe, P J; Nel, A C; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngculu, L V J; Ngele, N J; Ngema, M V; Ngiba, B C; Ngwenya, M L; Nhlengethwa, D G; Njikelana, S J ; Njobe, M A A; Nkabinde, N C; Nkem-Abonta, E; Nogumla, R Z; Nonkonyana, M; Nqakula, C; Ntuli, B M; Ntuli, M M; Ntuli, R S; Nwamitwa-Shilubana, T L P; Nxumalo, M D; Nxumalo, S N ; Nzimande, L P M; Olifant, D A A; Oliphant, G G; Oosthuizen, G C; Phadagi, M G; Phungula, J P; Pieterse, R D; Radebe, B A; Ramgobin, M; Ramodibe, D M; Ramotsamai, C P M; Ramphele, T D H; Reid, L R R; Rwexana, S P; Saloojee, E; Schneemann, G D; Schippers, J; Schoeman, E A; Sefularo, M; Sekgobela, P S; September , C C; Sibande, M P; Sibanyoni, J B; Siboza, S ; Sigcau , Sylvia N; Sikakane, M R; Simmons, S; Sithole, D J; Solo, B M; Solomon, G; Sonjica, B P; Sonto, M R; Sosibo, J E; Sotyu, M M; Surty, M E; Thabethe, E; Thomson, B; Tobias, T V; Tsenoli, S L; Tshivhase, T J; Tshwete, P; Vadi, I; Van der Merwe, S C; Van der Heever, R P Z; Van Wyk, A; Wang, Y; Woods, G G; Yengeni, L L; Zita, L; Zulu, B Z.
NOES - 39: Bekker, H J; Bhengu , M J; Blanché, J P I; Botha, C-S; Camerer, S M; Chang, E S; Coetzee, R; Cupido, H B ; Davidson, I O; Delport, J T; Doman, W P; Dreyer, A M; Dudley, C; Ellis, M J; Farrow, S B; Gibson, D H M; Jankielsohn, R; Kalyan, S V; King, R J; Kohler-Barnard, D; Labuschagne, L B; Lee, T D; Minnie, K J; Morgan, G R; Rabie, P J; Seaton, S A; Selfe, J; Sibuyana, M W; Smuts, M; Stephens, M; Swart, P; Swart, S N; Swathe, M M; Van Dyk, S M; Van Niekerk, A I; Vezi, T E; Vos, S C; Weber, H; Zulu, N E.
ABSTAIN - 1: Seremane, W J.
Mr P J Nefolovhodwe was accordingly elected as a member of the Pan-African Parliament.
MEMBERS’ STATEMENTS
ANC DEPUTY PRESIDENT’S COURT APPEARANCE AND APPEAL TO SUPPORTERS TO SHOW RESPECT TOWARDS THE PRESIDENCY
(Member’s Statement) Mr L J MODISENYANE (ANC): Madam Speaker, on Tuesday, 11 October 2005, the ANC deputy president, Comrade Jacob Zuma, appeared in the Durban magistrate’s court. The Constitution of South Africa, inspired by the vision of the Freedom Charter, recognises the equality of all citizens before the law. This perspective of fundamental human rights recognises the presumption of innocence until proven guilty. In his closing remarks at the ANC national general council, President Mbeki noted that, and I quote:
Correctly, the national general council has expressed its support for our deputy president during these trying and painful times. Once more, we have emphasised the point that it is an imperative of national justice that he should have an opportunity to defend himself against whatever accusations have been made against him. We are all united around these principled positions and join him in hoping that the judicial processes will not be delayed unnecessarily.
We welcome the support demonstrated by the leadership and masses of our people when the deputy president appeared in the Durban magistrate’s court. However, we condemn the opportunistic elements that abuse our democracy and engage in acts of lawlessness, including disrespect for the Office of the Presidency of the Republic. We urge our supporters to take the greatest care not to act in any manner that compromises the image of both the deputy president and the ANC. I thank you. [Applause.]
THE STATE OF SOUTH AFRICAN HOSPITALS
(Member’s Statement) Ms D KOHLER-BARNARD (DA): Chairperson, since the DA released its five worst hospitals report, I have received a flood of messages from patients across the country who have commented that, surely the hospital they attend, is in fact the worst in the country.
In light of this damning indictment on current health policies, which the Minister of Health bizarrely claims to be amongst the best in the world, I have been amazed at the health authorities’ response. Rather than admitting to these failures and assuring South Africans that they will work to put them right, they have attempted and failed, I might add, to discredit me and the work that this party has done.
To add to this crisis, a damning report on the state of this country’s ambulances has revealed outrageous neglect. One has to ask, as it is clear that the health authorities are not working at resolving the health crisis that we face: What on earth, in fact, are they doing? [Applause.]
UNFINISHED BUSINESS IN AGENDA FOR RAISING STANDARD OF LIVING OF PEOPLE
(Member’s Statement)
Prince N E ZULU:(IFP): Chairperson, for some time now, Business Unity South Africa, Busa, has been warning that there is unfinished business in the national agenda of our country intended to raise the standard of living of our people; improve the educational standard of the population, both young and old; and elevate the health status of every citizen, from the cradle to the grave.
Social indicators and the human development index don’t reflect kindly on the greatest number of people in the second economy. In recent weeks, the CEO of Busa highlighted two of the agenda issues, namely the imbalance between the costs of implementing regulations and what we produce as gross domestic product. He noted the gap between the real wages and the rate of productivity and called for a review of our programmes because, should wage rates outstrip productivity, employment is certain to stagnate.
If gold production has dropped to levels last seen in 1931, it is everyone’s guess as to how much progress we are making in that regard. In the months and years to come, the country will expect six per cent growth in the economy to be a reality and not a mirage. We are sensing mixed fortunes in the economy as the labour aristocrats continue to put pressure on investment potential.
Efforts have been made to address unemployment and inequality, but your brother and my sister in the bundu, who were unemployed six years ago are, up to now, still unemployed.
WORKING FOR PEACE IN THE CONTINENT AND THE WORLD
(Member’s Statement)
Mr B J MNYANDU (ANC): Chairperson, the ANC-led government will continue in its efforts to work for peace in the continent and the world in general. Tuesday, 13 October 2005, will forever remain in the minds of many in Liberia, in the region of West Africa and the continent in general, as a day when Liberia said with one voice that they want peace.
Liberia indicated what the people of our continent are doing practically, in keeping with the commitments Africa has made in the context of both the African Union and Nepad. The ANC and the African continent at large congratulate the people of Liberia on holding a successful process of democratic elections. I thank you. [Applause.]
STRATEGY TO ADDRESS ABDUCTION AND KIDNAPPING OF PEOPLE
(Member’s Statement)
Ms S N SIGCAU (UDM): Chairperson, the UDM repeats its earlier call to the Minister of Safety and Security for a co-ordinated strategy to address the abduction and kidnapping of people, especially women and children. In recent months, there has been a spate of such incidents, and the majority of them have ended in tears for the families.
Clearly, what we are facing is an epidemic. What was once a rarity has now become a crime that occurs with sickening regularity. As we have suggested previously, the time has come for the establishment of specialised antikidnap task teams within the SA Police Service, with at least one team per province. These teams can consist of the best and brightest detectives and forensic specialists.
Whenever a kidnapping or suspected abduction is reported, these teams can be assembled to deal with the investigation. The purpose of such a system would be to develop a core group of specialists in abduction, without permanently depriving the SAPS of their services for other types of cases. For such task teams to be successful, they need to be assembled and deployed quickly, and have adequate resources at their disposal. I thank you. [Applause.]
ROLE OF NEW PARTIES IN STRENGTHENING MULTIPARTY DEMOCRACY
(Member’s Statement)
Mr C M MORKEL (PIM): Chairperson, we note that the floor-crossing period has resulted in a smaller official opposition and the creation of new parties represented here in the NA today. The Progressive Independent Movement, PIM, congratulates the smaller parties on their efforts to promote multiparty democracy and notes that because the governing party already has a two-thirds majority, the contribution of opposition parties to the solutions required to address challenges in the national interest will be determined by the quality of their input, not how loudly they scream or how pompously and arrogantly they execute their agenda.
The PIM also acknowledges that we speak on behalf of patriotic, progressive and pragmatic South Africans who want to make their positive contribution without being co-opted by either the ANC or the DA. As a party, we intend to support the national agenda of promoting and affirming socioeconomic transformation whilst reserving the right to differ on modalities to achieve our patriotic, progressive and constitutional goals. I thank you. [Applause.]
CRIME AND THE NEED FOR EFFECTIVE POLICING IN ALL AREAS
(Member’s Statement)
Ms F BATYI (ID): Chairperson, today I want to focus on crime in our communities that ranges from gangsterism, child abduction, rape, murder to the operation of unlicensed shebeens. The business of shebeens has consequences and repercussions for our communities such as Lavender Hill and Sea Winds. In Sea Winds a drunk driver coming from an unlicensed shebeen ran over six young boys innocently sitting on a pavement. Two of those boys were killed.
Fellow members, I am sure that you will agree with me that incidents like these can be avoided through better governance and administration. Why is it that the police don’t permanently shut down these illegal stores? Why must communities tolerate the operation of these establishments and witness the deterioration of moral values in our society?
The state has an obligation to protect all people who live in this country. We, as elected public representatives, must fight for effective and efficient service provision, not only in affluent areas, but also in the poorer communities such as Sea Winds and Lavender Hill. The divide between the rich and the poor must be bridged and all should receive the same quality of protection.
To conclude, the drop in the crime statistics as reported by the Department of Safety and Security is all good and well, but we must remember that statistics do not have a human face. Numbers cannot symbolise the emotional suffering and frustration experienced by the disillusioned citizens of this country. I thank you.
WOMEN’S CONFERENCE ON EMPOWERMENT AND TRANSFORMATION IN THE SA NAVY
(Member’s Statement) Ms A VAN WYK (ANC): Chairperson, on Monday, 10 October, women in the SA Navy gathered to discuss issues of empowerment and transformation in the force and in society in general. The women’s conference, the first in the 83 years of our navy’s existence, was held in Milnerton with the theme “Celebrating the spirit of womanhood within you”.
The ANC commends the SA Navy on its effort to empower women by opening up the debate on the role of women in the navy and on its efforts to close the gap between the participation of women and men in policy formulation and decision-making.
The three-day conference covered various themes, including health, HIV/Aids, leadership, trust issues, networking, role modelling, unity, and sharing women’s experiences within the military and in the corporate and public sectors.
The ANC recognises the important work done by the Minister of Defence and the SA Navy to establish a gender-sensitive navy, and we wish them very well in their endeavours.
MISSING CHILDREN IN SOUTH AFRICA
(Member’s Statement)
Mrs S V KALYAN (DA): Acting Deputy Speaker, a week seldom goes by in South Africa without newspapers displaying the face of yet another missing child. More often than not the child is found murdered. In the light of this crisis, the government’s conspicuous silence is shameful.
The DA proposes that the government take the following steps urgently: using cellphone companies and radio stations to instantly transmit information about missing children across the country; legislating for the compulsory inclusion of fingerprints on birth certificates after the age of one year, and including this information in a national database linked to the SAPS; linking up with packaging manufacturers to have safety messages printed on sweet bags and cool drink cans; and, following the example of the US and Canada, declaring the 25th of May as National Missing Children’s Day to serve as an annual reminder to renew our efforts to reunite missing children with their families.
RACISM IN THE WESTERN CAPE JUDICIARY
(Member’s Statement)
Mr P J NEFOLOVHODWE (Azapo): Chairperson, racism and racial remarks are again rearing their ugly heads within the Western Cape judicial circle, particularly the remarks directed at the office of Cape Judge President Hlophe.
In a statement issued by the chairperson of the Black Lawyers Association in the Western Cape, which statement appeared in the Cape Times of 11 October 2005, he had this to say:
Attempts to undermine the office of Judge President John Hlophe were a serious threat to the judiciary’s integrity. In the history of the judiciary we cannot recall such vituperative reporting.
Azapo believes that the attacks on Judge Hlophe are indicative of a desire by those who hitherto have been in charge of the judiciary to protect vested interests that favoured the rich. Whilst Azapo is aware that changes and transformation of the judiciary cannot happen overnight, we nevertheless insist that this kind of resistance to transformation in the Western Cape judiciary not be left unchallenged.
It is clear to Azapo that there is a deliberate campaign to discredit the office of Cape Judge President Hlophe and to undermine efforts to appoint black people as judges. To Azapo this matter cannot be left to continue. Strong steps should be taken against those perpetrating these attacks. I thank you. [Applause.]
HEALTH SERVICES AND THE CHALLENGES FACED
(Member’s Statement)
Mrs M M MADUMISE (ANC): Acting Deputy Speaker, the struggle to provide a better life for all continues. This struggle encompasses the ANC government’s consistent efforts to provide quality and affordable health services.
The challenges facing our health services should not be used by the DA to cloud the huge and meritorious success we have scored in providing a better health care system to all. The DA is in a crisis – an irreversible crisis. It will stop at nothing to cling on, especially after its dramatic losses during the floor-crossing period.
The ANC is proud of the good work done by the staff that work daily in hospitals and clinics to save the lives of our people. We are certain that the health workers will not be demoralised by the hollow cries of those like the DA …[Interjections.] . . . yes, yes, yes - who do nothing practical to address the challenges our country faces.
The ANC calls on all people, governments, business and civil society to continue to unite in a people’s contract to strive progressively to improve the quality of our health care system. I thank you. [Applause.]
HIGH NUMBER OF PROTESTS
(Member’s Statement) Mr R JANKIELSOHN (DA): Chairperson, 5 085 legal and 881 illegal protests took place in South Africa in the past financial year. The high number of protests is indicative of countrywide dissatisfaction with the ANC’s mismanagement of municipalities and its inability to achieve meaningful service delivery.
The number of illegal protests, in particular, points to the fact that communities are rising up in legitimate and spontaneous displays of anger over the slow rate of service delivery. The often-violent nature of these protests is underscored by the fact that 66 members of the SA Police Service were injured during these protests.
It should not be forgotten that, oftentimes, vast amounts of police resources have to be committed to policing such processes, which means that these vital resources are diverted from the fight against crime. The people of South Africa should not have to pay the price for the ANC’s inability to govern effectively.
With the local government elections only months away, it is becoming increasingly clear that the ANC will pay a political price at the polls for its failure to deliver. Thank you, Chair. [Applause.]
KING SHAKA AIRPORT AND DUBE PORT
(Member’s Statement)
Mr H J BEKKER (IFP): Hon Acting Deputy Speaker, the IFP in the past continually enquired about the status of the development and construction of the King Shaka International Airport at La Mercy in KwaZulu-Natal and the progress of planning regarding the Dube Port.
The IFP therefore wishes to place on record its appreciation to the Minister for Public Enterprises who, in no uncertain terms, has given the assurance that this airport is absolutely essential for the future development of KwaZulu-Natal and South Africa, and that construction is to be proceeded with expeditiously. We hope that it will be in commission in time for the Soccer World Cup in 2010.
We further express our appreciation for the successful conclusion of the negotiations in terms of which the shareholdings of Aeroporti di Roma in the Airports Company of SA could be bought back by a South African entity, being the Public Investment Corporation – the PIC. This takeover deal by the PIC must have contributed, in no uncertain terms, to the bold statement of Minister Erwin regarding the King Shaka International Airport at La Mercy. We in the IFP support and endorse these actions. I thank you.
SA-MALI TIMBUKTU MANUSCRIPTS PROJECT COMMENDED
(Member’s Statement)
Nkskz N D MBOMBO (ANC): Mgcinisihlalo, umbutho wesizwe i-ANC uyalixhasa kwaye ulikhuthaza iphulo likarhulumente okhokelwa ngumbutho wesizwe, ebambisene norhulumente waseMali, lokulondoloza imibhalo engaphaya kwewaka leminyaka ubudala. Le mibhalo ibonakalisa ngokumhlophe inkcubeko kunye nezifundo zemfundo ephakamileyo, ezifana nezibalo, izifundo ngeenkwenkwezi kunye nezinye.
Kwimpelaveki egqithileyo uMongameli uThabo Mbeki ebenesidlo sokuqokelela imali ngeenjongo zokukhusela eli lifa leAfrika. Siyababulela abantu kunye noosomashishini abathe benza igalelo kule ngxowa-mali.
Le mibhalo ikhankanywe apha ngentla ibonakalisa ukuba iAfrika inendima enkulu ethe yayidlala kuphuhliso lomntu ngokubanzi. IAfrika asiyondawo yabantu abangqondo-bugqwirha, njengoko abanye abantu abakule Ndlu yoWiso- mthetho befuna ukuba sikholelwe.
Umbutho wesizwe uhlaba ikhwelo kuma-Afrika ngokubanzi ukuba afake isandla kweli galelo. Yeyele ma-Afrika, ifuna ukwanyulwa! Ndiyabulela. (Translation of Xhosa member’s statement follows.)
[Mrs N D MBOMBO (ANC): Chairperson, the ANC-led government supports and encourages the project that is run by the South African government and the government of Mali to protect the manuscripts that are more than 1 000 years old. These manuscripts contain items of culture, higher education in mathematics, astrology etc.
Last week President Thabo Mbeki organised a fund-raising dinner and the funds would be used to preserve this African Heritage. We express our sincere gratitude to all who contributed towards the fund, including businesspeople.
The above-mentioned manuscripts are proof of the fact that Africa played a big role in the development of the individual in general. Africa is not just a home for the evil-minded, as some members in this House would want us to believe.
The ANC is making a call on Africa in general to support this project. Africans must lend a helping hand. Thank you.] MINISTER’S RESPONSES
NATION’S COLLECTIVE GRIEF, SADNESS AND HORROR REGARDING CHILD RAPES AND MURDERS
(Minister’s Response)
The MINISTER OF SAFETY AND SECURITY: Chairperson, I’m rising merely to record my appreciation to the three women from the opposition benches who spoke in regard to the issue of missing, killed and raped children. What they said was an expression of our collective grief, sadness and horror at this spectre in South Africa where our children are being murdered and raped in this fashion.
They were speaking about an issue that, at this time, is uniting all of our people behind an effort to try to find permanent ways to deal with the matter. This issue also spoke to the fact that our people are making suggestions, as they have done before, and are also involved physically and personally in assisting the police to investigate these matters. I therefore appreciate the fact that this is one issue around which all of us are uniting in order to deal with it. Thank you.
APPEAL FOR PROBLEMS IN HEALTH SYSTEM NOT TO BE BLOWN OUT OF PROPORTION
(Minister’s Response)
The MINISTER FOR THE PUBLIC SERVICE AND ADMINISTRATION: Chairperson, I’m rising to respond to the matter that has been raised by hon member Kohler- Barnard, the whole question of the state of hospitals in our country. What I actually would like to bring to the fore is that, as reflected in the City Press, when we deal with the challenges of service delivery we must not deal with them as if they are a theatrical matter; we must deal with them as a matter around which we take seriously our oversight role, and then intervene in a manner that is constructive, proactive and supportive of government initiatives that look at the whole issue of the hospital revitalisation programme.
Ms D KOHLER-BARNARD: [Inaudible.]
The ACTING DEPUTY SPEAKER: Order! Order! Order, hon Minister! Could I appeal to hon members to give one another a chance to be heard, please.
The MINISTER FOR THE PUBLIC SERVICE AND ADMINISTRATION: Absolutely!
The ACTING DEPUTY SPEAKER: The Minister sat very quietly, listening to you, hon Kohler-Barnard, and I think we should accord her the same respect.
The MINISTER FOR THE PUBLIC SERVICE AND ADMINISTRATION: Thank you, Chairperson, for the protection. I think if we listened more, then we would be able to understand what is required, going forward.
As government we have never, at any point, under-rated the challenges confronting us as we try to improve hospital services and the health system. We have never underestimated the fact that the minute there is greater access to health for all, as is the case in this country, there will be greater challenges on the health system.
We have also reflected repeatedly on the reality of staff shortages in the health profession. The Minister of Health has, once again, expressed commitment to ensuring that the hospital revitalisation process and programme are deepened and sharpened. She has also reflected her concerns regarding the system.
Let’s not be theatrical about it; let’s ensure that in our oversight we pool together the initiatives required to resolve a very difficult problem. But, let’s not see this as an opportunity for sensationalism, now that we come together as a country and intervene to improve where there are difficulties. Thank you. [Applause.]
Mr A H NEL: The DEPUTY WHIP OF THE CHIEF MAJORITY PARTY: Chair, on a point of order, I know that the protection of the Rules extends, generally, only to members of the House, but is it in order for an hon member to call the editor of a newspaper such as City Press an idiot, just because he exposed them?
The ACTING DEPUTY SPEAKER: Order! Mr Nel, I’ll come back to the point of order, because the Deputy Minister was actually at the microphone.
FURTHER APPEAL FOR DONATIONS FOR THE TIMBUKTU MANUSCRIPTS PROJECT
(Minister’s Response)
USEKELA-MPHATHISWA WEZOBUGCISA NENKCUBEKO: Sihlalo, ndiyabulela kwilungu elibekekileyo uMama uMbombo. Kananjalo siyabulela naseluntwini, koosomashishini nakuluntu lwenkolo yobuSlamsi oluthe lwafaka isandla kweli galelo laseTimbuktu.
Ngaphambili ndikhe ndatsho kule ndlu ukuba inkcubeko yeAfrika ibikade ingaziwa kodwa ikhona. Namhlanje, ngenxa yokuba uMongameli wethu ethe waya eTimbuktu wayibona imibhalo ekhoyo phaya, uthe makangathi cwaka, abonakalise ukuba nathi apha eAfrika sibhadlile, singabantu abanolwazi.
Kodwa ke ndiyafuna nokuhlaba ikhwelo kuluntu ngokubanzi ukuba luncedisane norhulumente waseMali ukuze kulondolozwe laa mibhalo. Ewe, sinalo igalelo esilenzileyo, kodwa kuse kuninzi ekulindeleke ukuba kwenziwe.
Sithetha nje imali esele iqokelelwe ingaphezu kwezigidi ezithathu zeerandi, evele kuluntu lwenkolo yobuSlamsi. Kule nyanga izayo siza kuya kuphethula isoyi apho kuza kwakhiwa khona iziko lolondolozo lwale mibhalo.
Ngoko ke eli phulo liyaqhuba. Sicela izandla kumntu wonke, ukuze sincedisane noluntu lwaseMali ukuze kulondolozwe ulwazi lwethu apha eAfrika. Enkosi. (Translation of Xhosa Minister’s response follows.)
[The DEPUTY MINISTER OF ARTS AND CULTURE: Chairperson, I am thankful to the hon member known as mother Mbombo. At the same time we also thank the community, the business owners as well as the community of the Islamic faith who also contributed or donated to the Timbuktu Manuscripts Project.
Previously I did mention in this house that African culture was not well known in practice. Today, because our President has visited Timbuktu and has seen the writings or manuscripts in existence there, he has decided not to keep silent, but to show that we here in Africa do reason and that we are people with knowledge.
But I also want to make an appeal to the community at large to assist the government of Mali in order to protect those writings or manuscripts. Yes, we have made an input, but there is still a lot that needs to be done.
As we are speaking, an amount in excess of R3 billion has already been raised, which has come from the community of the Islamic faith. Next month we shall be going to this site where they will construct a building in which these writings or manuscripts will be conserved as part of our heritage.
Therefore this initiative shall proceed. We appeal for assistance from all members of the community, so that we may assist the community of Mali in order to keep and conserve our knowledge here in Africa. Thank you.]
The ACTING DEPUTY SPEAKER: On a point of order raised by Mr Nel, we’d like to appeal to members of the House to moderate their language, especially when it comes to mentioning the names of members of the public who are unable to defend themselves in this House.
NATIONAL CREDIT BILL
(Second Reading debate)
The MINISTER OF TRADE AND INDUSTRY: Acting Deputy Speaker, hon members, it is indeed a pleasure to present the National Credit Bill to the House.
The promulgation of this Bill marks yet another milestone in the government’s effort to build an economy that meets the needs of all South Africans. The credit market that developed over the past decades is inappropriate for the present economic and social context of South Africa.
It is a market that both reflects and reinforces the economic disparities in our society. It is a market that is characterised by a lack of transparency, limited competition, high cost of credit and limited consumer protection. For these reasons, it is imperative that government takes proactive steps to regulate this industry.
The National Credit Bill constitutes government’s efforts to regulate the credit industry. It is the product of extensive research, widespread and thorough consultation.
By replacing the current Usury Act, the Credit Agreements Act, and the Usury Exemption Notice, the Bill will ensure a consistent approach to interest rate regulation, minimise arbitrage and address circumvention. It will apply to all credit transactions and to all credit providers.
However, any regulation of the credit market must recognise that there are differences between, for example, a pawn transaction, a mortgage and a credit card or overdraft facility. These differences relate primarily to disclosure, the treatment of accounts and contracts.
The Bill provides for differential treatment to accommodate differences in products and in costs associated with smaller transactions, but overall will introduce a common regulatory scheme.
Specifically, the Bill sets out, firstly, to address the historical legacy of systematic discrimination against the majority black population by improving and increasing access to credit at reasonable rates from reputable credit providers; secondly, to increase the availability of alternative finance at reasonable costs for small enterprises and for housing; thirdly, to make the credit market function more cost-effectively and competitively by promoting a fair, competitive and sustainable credit market; fourthly, to improve the understanding and knowledge of the market by informing and educating consumers to enable them to make better choices and to ensure that increased access to credit will not lead to over- indebtedness; fifthly, to ensure protection for consumers and secure redress for unacceptable practices; and sixthly, to ensure compliance with regulatory requirements and provide for necessary co-operation between national and provincial governments, industry consumers and protection agencies to ensure a coherent and integrated regulatory framework.
During the public hearings conducted by the portfolio committee a great number of submissions, especially those representing consumers, lauded the emphasis in the Bill on the protection of consumer rights.
The National Credit Bill heralds a new era for consumers by entrenching the following rights: the right to apply for credit, but not to receive credit; protection against discrimination in credit granting; the right to reasons for credit being refused; the right to information in plain and understandable language; the right to receive documents; the right to confidential treatment; the right to have information acquired, held and reported by credit bureaus to meet national norms and standards and to have records of debt adjustment expunged; the right to access information held by credit bureaus and the National Credit Register; to be notified when prescribed adverse information is reported; and to demand investigation of disputed information and correction of erroneous information.
Furthermore, as a direct result of the discriminatory practices employed by credit bureaus and the dysfunctional credit market many consumers were effectively locked out of the credit market. As a result, a number of community stakeholders called for the Bill to include a general amnesty for blacklisted consumers. After careful consideration, it was decided to provide for a data verification process and removal of certain types of information from the consumer credit records currently held by credit bureaus.
Thus the Bill determines that the Minister of Trade and Industry must publish regulations prescribing the nature, timeframe, form and manner in which consumer credit information held by credit bureaus must be reviewed, verified or removed within a period of one year after the regulations are promulgated. In addition, the Bill entitles consumers to one free copy of their credit information records per year.
Regulations will only be published after consultation with the affected stakeholders and due consideration of the predictive nature of certain types of consumer credit information, and the socioeconomic impact on consumers of the removal of such information. The regulator will therefore play a vital role in ensuring enforcement and promotion of access to redress.
The National Credit Regulator is established to ensure proper implementation of the provisions of the Bill, for without the required resources and mechanisms to enforce the provisions, the Bill will be ineffective and redundant.
It will be structured and resourced to ensure delivery on the very strict mandate as set out in the Bill. It will be required to register consumer credit providers, to perform inspections and to generally monitor compliance with the Bill.
The regulator will resolve complaints against credit providers, refer matters to appropriate institutions, but most importantly proactively investigate systemic market conduct problems and violations of consumer rights.
This function is particularly important if one considers the fundamental inequality between consumers and credit providers in the credit market, and the inability of consumers, especially low-income consumers, to negotiate. The regulator will further monitor the levels of access to credit and report on this annually. In addition, the regulator will be tasked with promoting consumer education and establishing a network of accredited debt councillors.
The National Credit Regulator will be directed by a board consisting of members appointed by the Ministers of Trade and Industry, Finance and Social Development, as well as individuals with specific expertise in the area of credit extension and consumer protection. It will be accountable to Parliament through the Minister of Trade and Industry.
A consumer tribunal will also be established to adjudicate contraventions of the Bill and to ensure quick and effective redress for consumers. Members are to be appointed by the President. The tribunal will primarily deal with administrative and disciplinary matters, as well as the prohibited activities of registered or unregistered entities.
Tribunal decisions are subject to appeal or review by the High Court. The role of the ordinary courts is confirmed in the Bill in that courts will hear matters related to, among other things, the interpretation of law and legal principles, the amendment or suspension of contracts, and the sanctioning of offences.
The Bill encourages the utilisation of alternative dispute resolution prior to going to court, which might be inaccessible, expensive and adversarial in nature. In addition, debt counsellors will assist consumers to reorganise their debts and work on a financial plan that would suit both the consumer and his or her creditors. They will empower consumers by providing financial debt and credit management skills. Since national and provincial government have concurrent jurisdiction with regard to consumer protection, co-operation and co-ordination between these levels of government are crucial to the success of the Bill. The Bill specifically provides for shared responsibility for education, dispute resolution, registering of credit providers and inspections.
The fact that a wide range of stakeholders participated in the portfolio committee’s public hearings and the general support expressed for the Bill from across the board was heartening. It underlines the success of the thorough and widespread consultation embarked upon by the department.
May I conclude by expressing my appreciation for the manner in which the portfolio committee conducted the public hearings and deliberations on the National Credit Bill. The in-depth probing of all the issues significantly contributed to a well-considered and balanced piece of legislation. The manner in which the Bill was interrogated, and ensuing debate between the different arms of government, illustrated the level to which our democracy has matured.
I would also like to thank the team from the DTI, including the technical committee and the Micro Finance Regulatory Council, for their tireless efforts over the past two years to produce such a comprehensive and well- researched piece of legislation.
The Bill will undoubtedly facilitate the creation of a fair, balanced and transparent credit market, which will in turn contribute towards a transformed and adaptive economy, an economy that is characterised by a higher level of economic growth that generates employment and reduces levels of inequality. I commend this Bill to the House. Thank you very much, Acting Deputy Speaker. [Applause.]
Mr B A D MARTINS: Chairperson, hon Minister, hon members, the National Credit Bill gives expression to the ANC government’s will and conscious effort to reform and regulate the credit industry. It does so by addressing the historical legacy of systemic discrimination against the majority of black people by, firstly, improving and increasing access to credit at reasonable rates from reputable credit providers; secondly, increasing the availability of alternative finance at reasonable cost for individuals and small enterprises; and thirdly, promoting a fair, competitive and sustainable credit market.
The ANC is of the view that the achievement of the broad objectives and aims of the Bill, namely to promote and enhance consumer protection, to control overindebtedness and reckless lending, and to promote competition and transparency will make a major contribution towards improved access to finance and to lowering the cost of finance, ultimately offering greater opportunities for a better life for the least-paid workers and the poor in particular, and for economically active citizens in general.
The National Credit Bill will replace the Usury Act, which presently governs the operations of banks, the exemption notice to the Usury Act under which microlenders presently function and the Credit Agreements Act, which governs instalment sales.
During the public hearings held by the portfolio committee, stakeholders and consumers pointed out that many credit providers used a legal technicality to prevent consumers against whom they have obtained debt judgments from having the judgments set aside, even when they had paid their debt. As a result the consumers’ names remained on the so-called blacklists of credit bureaus for five years, with the result that it made it very difficult or impossible to access credit or open accounts. Chapter 4 of the Bill addresses this issue and other related issues adequately.
The Bill also addresses and defines overindebtedness and reckless credit. It also gives protection to all borrowers, irrespective of the size of the loan or the type of credit involved. The ANC supports the passage of the Bill through Parliament. I thank you. [Applause.]
Mr M STEPHENS: Mr Chairman, this Bill essentially does what a responsible government should have done years ago; protects the rights and interests of its citizens against all who would abuse them. Adam Smith it was who already recognised that one of the three basic functions of government in a market economy is to protect every member of society from injustice or oppression by another member.
Credit is an essential element of a market economy. Access to credit is internationally recognised as essential in the development of the informal sector and in the reduction of inequality. Its importance in providing income opportunities for the poor is no longer open to debate.
My colleague, the hon Labuschagne, will deal in more detail with certain aspects and provisions of the Bill that give the DA cause for concern, but the DA supports this Bill, not because we believe it to be flawless – that it is definitely not – and certainly not because we did not have serious concerns about some of its provisions – we do, as will appear later – but because it fundamentally promotes and protects the rights of individuals and equality before the law.
In a credit grantor-debtor relationship there is no equality of power. The scales are vertically tipped against the debtor, and only government intervention can provide redress. The same applies to the gathering, holding, use and especially the abuse of personal credit information. During the public hearings there was ample evidence of such abuse, even from credit grantors themselves.
Let it be said that the interests of some members of society can never be allowed to take precedence and override the ordinary common-law rights of others. The rights of individuals to fair treatment, due process of law and to be heard in their own defence must be sacrosanct. Any civilised state must vigilantly ensure that these rights are scrupulously observed at all times.
The Bill is structured to regulate these matters in a manner that we trust will result in a fair and equitable credit market, but it requires a balancing act that will not always be easy to achieve. A balance must be struck between the rights of individuals and the reasonable rights of firms in the credit business. If the scales are tipped the other way, credit will become harder to come by and more expensive as credit grantors perceive the risk of lending to escalate.
Prospective debtors must also not be given the impression that they are now at liberty to take advantage of the protective provisions in this Bill. There must be a general realisation that people are not relieved of the duty to treat debt responsibly. People will get into trouble if they do not make full disclosure of their financial situation when credit is applied for. They will not be getting debt relief. All debts have to be paid and paid timeously. These laws are not changed.
The National Credit Regulator will play a pivotal role in the success of this endeavour. They will have to be seen to be fair and just in their administration. They will need to be fair and just to all parties so that the credit industry is strengthened by their actions rather than weakened.
Although the extension of reckless credit must cease, the provisions must not be implemented in a manner that inhibits lenders to grant credit where credit is due. The DA believes in strong individuals, and they can only be strong if their rights are protected, if they are allowed to compete on a level playing field and if their access to the credit market is not subverted by overregulation.
The DA will observe the performance of the NCR closely, we shall monitor the outcomes of this legislation carefully and we shall expect from all role-players the highest integrity and devotion to the stated principles in order to achieve the laudable aims of this legislation. I thank you.
Prof E S CHANG: Chairperson, Minister and chairperson of the committee, all hon members, after months of hard work and listening to various submissions, the Bill has finally reached its end. It has been a tough process. Submissions ranged from the banking industries, life assurance companies to AMC Cookware.
The IFP fully supports the review of the current credit legislation and concurs with all its objectives and claims. We believe it is time for an overhaul of the current system - too many people are living on debt. Take, for example, pension paypoints: Loan sharks are often waiting for their payback, leaving very little for the poor. The poor cannot be left out on a limb.
The positives of the Bill include the protection of consumers, the addition of debt counsellors, ending reckless debt and encouraging responsible borrowing. However, despite the good nature of the Bill there are a number of concerns. Let me by begin by citing one example: A customer buys a motor vehicle and decides within five days to end the agreement and to return the car. What happens? Immediately, the car, even if it was brand-new, becomes preowned. The car price depreciates. Who will bear the brunt of this?
Sure enough, we need consumer protection, and we need consumer rights and education, but what about the volume of cases? The magistrates’ courts are already so overloaded.
While the Bill encourages responsible borrowing, we support the fact that we need to correct the imbalances in the negotiation power between consumers and credit providers. The Bill does not address how consumer rights will be dealt with. The IFP is also concerned about the retrospective application of the Bill. What happens to pre-existing agreements?
Contracts need to be simple. Most of the time consumers simply sign for their purchases without reading the fine print. Every day consumers are buying clothes, not even knowing they are entering into a credit agreement. Therefore these agreements must be in English and another official language, with full disclosure of terms and conditions.
Another issue is that of credit reports. While we welcome this, the truth is that there are 18 million active credit consumers. Who will bear the cost of these reports? Inevitably, it comes back to the consumer. The protection of the consumer is paramount and we should ensure that consumers, who are often vulnerable, are not abused by the financial industry.
The IFP welcomes this legislation, dear hon Minister, but let us not forget the success of the Bill will be in helping eliminate credit abuse and reckless credit. The IFP will continuously champion the cause of the poor. Thank you very much.
Ms D M RAMODIBE: Hon Chairperson, hon Ministers, hon Deputy Ministers, hon members and the House at large, the ANC supports the Bill. An HON MEMBER: Including Nkem?
An HON MEMBER: Yes, Nkem also.
The ACTING DEPUTY SPEAKER: Order!
Ms D M RAMODIBE: The National Credit Bill protects both the credit provider and the consumer from abuse. When we talk about credit, we are referring to housing loans and mortgages, overdrafts, personal loans, instalment sales, microloans, leases, credit cards and retail credit. Institutions like banks, microlenders and other bank financial intermediaries provide all this credit.
The enormous exploitation and abuse by some credit providers will be put to an end by the regulation of this industry, which is in line with the national transformation agenda, as we continue to change and improve the lives of the people.
Section 60(1) of the Bill says: “Every adult, natural person and every juristic person or association of persons has a right to apply to a credit provider for credit”, but at the same time, a credit provider has a right to refuse to grant credit on reasonable grounds.
Section 61(1) says that a credit provider must not unfairly discriminate against any natural or juristic person or association on one or more grounds set out in section 9(3) of the Constitution, or Chapter 2 of the Promotion of Equality and Prevention of Unfair Discrimination Act.
Many of our historically disadvantaged people have been denied access to credit, especially in housing, and these are mostly women. A consumer has a right to reasons as to why credit is being refused, and this must be done in writing. The Bill allows the consumer to receive any required document in terms of the Act, in an official language that the consumer can read or understand.
It is also the right of the consumer to receive every required document delivered, in terms of the Act in the manner prescribed. A credit provider must not discriminate against a consumer directly or indirectly, in response to a consumer who exercises, assents to or seeks to uphold any right set out in this Act.
Mona re bua ka hore, ha moreki a lwanela ditokelo tsa hae, ba fanang ka mekitlane ba seke ba mo hanela ho fumana mokitlane, hobane ha motho a se a tseba ditokelo tsa hae mme a kgona ho ipuella, ho na le hona hore ba fanang ka mekitlane ba ka hana ho mo fa mokitlane. (Translation of Sesotho paragraph follows.)
[We mean that when a consumer fights for his rights, the creditors should not deny him credit, because he now knows his rights and he can talk for himself. There is a possibility that the creditors could deny him credit.] There is another area that has been viewed, which we already viewed as a monster, and that is the credit bureaus. The credit bureaus used to exchange information with the credit provider. In turn, the credit bureaus stored the information, for profit motives, without even verifying it. Here, again, the poor consumers are not told or informed that they are blacklisted. The only time that the consumer becomes aware of this is when trying to access credit.
The manner in which this is handled is that you are told that you do not qualify, without any reasons being provided. During this process, the poor consumer does not know where to go and who to challenge. Sometimes, because of adverse information, the poor consumer gets prejudiced.
What was said by the credit bureaus during our interaction was that they have to deal with thousands of pieces of information and it is therefore not possible for them to verify information. The consumer in that instance must bear the consequences.
We also welcome the fact that the consumer whose debts have been rearranged may apply to a debt counsellor for a clearance certificate relating to that debt rearrangement. The Bill provides that upon receiving a copy of a court order rescinding any judgment a credit bureau must expunge from its records all information relating to that judgment.
An HON MEMBER: Does Nkem agree with that? Ms D M RAMODIBE: You are an empty tin, that is why you are making noise.
It is vital that as we seek to empower our previously disadvantaged people, in particular women who are a majority in this country, we also try and work on the mind-set of the credit providers. Women can also access the Apex Fund, which is the SA Microfinance Apex Fund, a company established by government to address poverty and unemployment. It provides for loans of up to R10 000 to households and micro enterprises that depend on their business enterprises for their living.
Many households are headed by women and earn less than R1 500, which makes them ineligible for the poverty alleviation fund. Microcredit for micro enterprise development is one of the products which will assist these women. Women own the majority of the micro enterprises. It is only through emancipating women that a nation can be empowered. No nation can be empowered as long as women are not empowered. With this Act in place women will even find credit more accessible.
Consumer education will be very important in this instance to educate women on their rights so that they are competent in running their household cash flow. Their knowledge will assist them to dispute resolutions as well.
In terms of section 73(1) which deals with verification, review and removal of consumer credit information, the Minister must within a period of six months after the effective date prescribe the nature of timeframes, form and manner in which consumer credit information held by the credit bureaus must be reviewed, verified, corrected or removed; the timeframe and schedule for the exercise by consumers of their rights within a period of one year after the negotiations have been promulgated.
When prescribing the Minister must consider, amongst other things, the predictive nature of such information and the socioeconomic impact on the consumer of the removal of such information and engage in consultation with affected stakeholders. Any regulations to be made in terms of this section must be submitted to the relevant parliamentary committee for the necessary consultation prior to their promulgation.
In terms of section 74(1) of the Bill a credit provider is not allowed to automatically make an offer to enter into a credit agreement with a person. [Time expired.][Applause.]
Mr J BICI: Chairperson, hon members, the National Credit Bill is more than a breath of fresh air for the consumer. Indeed, it should be an irresistible force before which the exploiters will not be able to stand. The number of consumers who have fallen prey to exploitation, unwarranted and malicious blacklisting and financial ruin due to the practices prevalent in the credit industry is staggering.
Importantly, the Bill does not merely provide a regulatory framework but also provides two regulatory institutions, which will continuously ensure the operation of the industry in the interests of the stakeholders. These are the National Credit Regulator and National Consumer Tribunal.
The Bill also defines the fundamental rights of consumers in the credit market - a step, which has been long overdue. It will provide consumers with a benchmark of what treatment they are entitled to. The Bill further defines and outlaws some of the worst abuses of credit agreements and marketing - another step, which has also been long overdue. The UDM supports the Bill. Thank you. [Time Expired.] [Applause.]
Mr V C GORE: Acting Deputy Speaker, the ID is fully in support of the government’s initiatives to build an economy that meets the needs of all of its economic citizens - all of its people and all of the enterprises. In order for this to be done it is essential that the credit industry - a R362 billion industry - must be regulated and, more importantly, must be transparent to ensure that consumer abuse of all sorts is minimised in the short term and eliminated in the long term. All possible measures must be put in place to ensure that the poor in our country will be positively affected by this Bill.
Those disadvantaged most, such as those living in rural areas and women, must by all means not be subjected to any regulations that could lead them into a debt trap. It is therefore imperative that the public’s comments on the Bill, especially from a human rights point of view, are taken very seriously, specifically with regard to the reckless granting of credit. In addition, amnesty must be granted to blacklisted people to ensure that they are able to climb out of their levels of poverty and become contributing members to our South African economy.
Civil society has made substantial inputs into this Bill but doubt looms as to whether these inputs have been taken as seriously as they should have been. The ID would therefore support any further consultation with the public with regard to the implementation of this Act. Thank you, Chair. [Time expired.]
Mr H B CUPIDO: Acting Deputy Speaker, the National Credit Bill heralds the start of a whole new era for the citizens of South Africa. Our dysfunctional credit system has led to generations of South Africans living in debt for most of their lives. The ACDP welcomes the fact that the relationship between the consumer and the credit provider is now a regulated relationship. This will put an end to exorbitant interest rates and other exploitative practices used by credit providers.
The ACDP favours a cash-orientated society that believes in regular monthly savings. However, with the poorest of our people basically living from hand to mouth saving is impossible and credit becomes one way of raising standards of living. The sad part of this scenario is that low-income earners not only struggle to obtain credit, but also are charged unusually high interest rates once credit has been obtained.
The National Credit Bill will make sure that all South Africans across all income spectrums will be treated in the same manner. It further provides for counsellors who will educate our people so that they do not become easy prey to unscrupulous credit providers. Financial counselling will pave the way for a culture of saving to be entrenched among citizens so that our people are no longer trapped in this horrible cycle of debt. The National Credit Bill could not have come at a better time and the ACDP supports this Bill. Thank you.
Mrs F MAHOMED: I begin with a prayer: In the name of God most gracious, most merciful. Acting Deputy Speaker, Minister, Deputy Minister, colleagues and friends, our young democracy has seen substantial economic growth, which has, once again, been benefited by the existing big white conglomerates and monopolies and has failed to include the poorest of the poor to participate in the mainstream economy.
Since 1994 we have seen the emergence of the bourgeoisie black elite and very few women are involved in mega business, but the challenge still remains - that is to include the majority of our people in our developmental agenda. Access to finance is fundamental to allow the masses of our people to engage in entrepreneurial activity and the acquisition of a strong asset base. Deliberate social engineering of the poorest of the poor needs to be done so that we are able to enter into the mainstream economy without discrimination or prejudice.
The National Credit Bill is a key piece of legislation, with its regulatory framework, to address the sustainability of the developmental microfinance organisations. To have equitable access to information or finance we need to have a fundamental paradigm shift from the legacy of apartheid and of expropriation of land and assets to the challenge of overcoming the two economy divide, which now requires a deliberate intervention of pumping vast amounts of resources into the second economy.
If we make constructive strides to enable the financial sector to provide access to finance and regulatory credit for the poor, we will see significant changes in the economy and in the financial landscape of our country and we will move towards the goal of equitable redistribution of wealth. Economic growth and job creation will be stimulated and small business development and access to housing and finance will generate new cycles of accumulation and contribute to higher levels of effective demand. In a capitalistic society like ours almost all South Africans function on a day-to-day basis on credit. I am quite sure that many of us sitting here have a bond and many of us have a car on hire purchase, and we have bought some furniture on credit. Yes, we also have flashed those flashy credit cards to feed our resourceful appetites to further indulge in more and more debt.
Yes, indeed, whether we like it or not, credit is very much part of our lives. The question is: How do we ensure that we embrace a moral high ground in terms of honouring a commitment of servicing a debt?
Responsible acquisition of credit is paramount to effect the developmental goal of any individual, company, conglomerate or the nation. The question one needs to ask is: Do we understand the fine print of a contract/agreement of a debt? We also need to ask: Do we have a clear understanding of the principal debt, of the asset or goods and services or the car that we buy? And then also we must be able to calculate the amounts of fixed or variable interest accrued for the period of the loan of credit acquired. Another fundamental question is: Do we have the capacity and the ability, and the good will and commitment to pay back the debt? In order to do that we need to ask ourselves: Are we creditworthy?
The National Credit Bill is long overdue and is a very important piece of legislation. It provides a legislative reform so that the poor and the disenfranchised people of our country who were previously marginalised and ghettoised in confined special compartments will now have some sort of leeway to access finance. It will also ensure that they have improved protection for consumers so that there is increased opportunity for asset accumulation for previously disadvantaged South Africans.
It allows for improved standards and easy access to consumer information and also aspires to promote black economic empowerment and ownership within the consumer credit industry. It also attempts to regulate negative effects of irresponsible marketing of credit.
We all know that unscrupulous business people inundate consumers with tempting offers of goods and services often not fully explaining the entire contractual obligation of the consumer. We see this every day via telemarketing, media and e-mail marketing. Consequently, the person becomes heavily indebted unfairly and is unable to meet any of the repayments. We see this marketing every day where consumers are bombarded with tons of letters of pre-approved loans and credit facilities. This is when poor and desperate people become vulnerable. They end up caught up in the debt trap with severe repercussions.
Another instance is an example of a consumer who is misinformed about the purchase of a vehicle, which is advertised either in print media or on television. You know, I think, many of us have seen this. It’s the low premium price per a repayment of a car/vehicle and the advert does not say anything about the residual value. Sometimes the residual value of that motorcar is 45%, which is effectively the amount that needs to be paid by the consumer. All this is due to the lack of clear information and this Bill addresses that adequately so that such abuse does not take place. Fortunately, this Bill provides a framework for lawful credit agreements and further clarifies the disclosure form and the effect of credit agreements.
Since 1994 there has been increasing income flows of previously disadvantaged South Africans. Only a few have entered the bourgeois market. The majority of the poor consumers are still denied credit from some of the mainstream credit providers, which is really sad. Thus the only finance that is available is microfinance and retail consumer finance. There are, however, noticeable shortcomings in the products that are available and increasing concern about the cost of finance, and the indications of the over-indebtedness that becomes evident.
Another dangerous and erroneous system is information sharing by companies and institutions that collude with each other. They share the consumers’ records and other credit providers do it by copying and exchanging notes. And in this case the consumer suffers because this information which is not updated and it could be stale and the account may have been settled, has adverse negative effects on the consumer. I have chosen to highlight the provisions of the Bill in depth, because they influence the poorest of the poor in our economy and also we need to see the relationship of the credit market. I want to say that the establishment of the National Loans Register is playing a pivotal role in ensuring that credit providers do not give more credit than the consumers can afford. This is critical to curb overindebtedness and reckless credit. However, the Bill makes the following provision in case of reckless credit: “The consumer is given the option to voluntarily approach a debt counsellor or the credit provider refers him or her to the debt counsellor.” Another instance is when a court refers the consumer to a debt counsellor. This is quite clearly spelt out in the Bill.
I want to say a little bit more about a restructured debt. Once a debt counsellor comes to terms with what the consumer owes, there is a restructuring of the debt and when all this restructuring of the debt is paid off, this issue can then be expunged from the records. I want to give an example by explaining this. I will give some hypothetical figures. Let’s say a person has taken a loan from the bank and the principal debt is R60 000 and after 10 years of nonpayment the accrued amount becomes R120 000. The bank appoints a debt collector or sells the debt to the debt counsellor and then there is a restructuring of the debt and the consumer is then allowed to pay a negotiated settlement according to the agreement, which is compromised or restructured, which is about R45 000. I thank you. [Time expired.][Applause.] Mnr W D SPIES: Waarnemende Adjunkspeaker, die nuwe nasionale kredietwetgewing kom in die plek van die twee wette, die Wet op Kredietooreenkomste aan die een kant en die Woekerwet aan die ander kant. Tot dusver is 25% van alle litigasie in die land gebaseer op dié wetgewing. Hierdie persentasie wys ook die ingrypendheid en die belangrikheid van dié wetgewing, ook vir ons ekonomie. Daarom moet enige wysiging aan die wet met groot omsigtigheid gehanteer word, en moet daar seker gemaak word dat dit op die regte manier én met die nodige omsigtigheid gedoen is.
Die beginsel van kontrakteervryheid aan die een kant, en die beginsel dat kontrakte daar is om nagekom te word aan die ander kant, is twee beginsels wat eeue oud is en wat lank bestaan. Die VF Plus is bekommerd dat dié twee regte ingrypend beperk word, en dat die skaal in ‘n baie groot mate weggeswaai het van die beskerming van die skuldeiser, wat enersyds goed is, en oordrewe in die rigting van die beskerming van die skuldenaar is. Die VF Plus sien uit na die dag waarin daar ‘n perfekte balans tussen die twee gevind word. Baie dankie. (Translation of Afrikaans speech follows.)
[Mr W D SPIES: Acting Deputy Speaker, the new national credit legislation replaces the following two Acts: the Credit Agreement Act on the one hand and the Usury Act on the other. Up to now 25% of all litigation in the country has been based on this legislation. This percentage shows the far- reaching effects and the importance of this legislation, also for our economy. Therefore any amendment to this law must be treated with great circumspection, and care must be taken to ensure that it is carried out in the proper manner and with the necessary caution.
The principle of contractual freedom on the one hand, and the principle that contracts have to be honoured on the other, are two age-old principles that have been in existence for a long time. The FF Plus is concerned that these two rights are being drastically restricted, and that on balance the scale has tipped against protecting the creditor, which is a good thing on the one hand, and is now excessively tipped towards protecting the debtor. The FF Plus looks forward to the day when a perfect balance can be struck between the two. Thank you very much.]
Mr N T GODI: Acting Deputy Speaker, comrades and hon members, Comrade Minister, the PAC joins all those who love fairness, transparency and progressive regulation of the markets in supporting this Bill. This Bill is long, long overdue and marks the end of what had become a perpetual nightmare, especially for the African people in general, and the working class in particular.
The credit industry has been almost like a pirate’s paradise, with no regulations and accountable to no one. Credit bureaus have blacklisted millions of consumers, consigning them to a life of untold misery.
The PAC welcomes the fact that these credit bureaus will now have to register with the regulator, and will be held liable for the information they keep and give. Many people have become overindebted as a result of reckless credit granting, deception, unfair and fraudulent actions of credit providers.
The banks and retailers are equally as deceptive and brutally effective as the mashonisa in informal settlements. The mashonisa may be crude and the banks smooth, but they all bleed the consumer dry.
This Bill and the regulations it sets must dramatically change the situation in favour of the poor. The consumers, however, do also need to be constantly educated that credit is not charity. They should indulge in credit purchases out of unavoidable necessity.
As we pass this Bill, millions of our people will heave a sigh of relief that at long last they have their protection in the law, their lives and dignity in their hands again. I thank you. [Applause.]
Mr P J NEFOLOVHODWE: Acting Deputy Speaker, today Parliament is debating issues relating to access to credit, as well as the regulatory framework that accompanies access to credit.
Looking at it from the poor’s perspective most blacks in our country know and understand that most credit facilities, as well as financial institutions, have for centuries not been accessible to them. Poor people know that access to credit is either nonexistent, with the result that many of them resort to mashonisas, or they get credit at a very high cost. To this end the poor were systematically marginalised and that is why we talk about the second economy.
This Bill puts to rest many of the difficulties that the poor face in obtaining credit, an important step indeed. But time will tell whether those that have money and those that are rich will heed the provisions of this Bill.
Parliament has a responsibility to monitor closely the implementation of this Bill. Azapo has learnt and noticed that those opposed to transformation have always found other ways of dodging provisions of laws passed by this Parliament. Be that as it may, this Bill goes a long way in attempting to bring transformation to the credit facility industry. Azapo supports the Bill. [Applause.]
Mr C M MORKEL: Mr Acting Deputy Speaker - I’ve got it right this time, earlier I referred to you as Mr Chairman – I wish to highlight certain objectives of the National Credit Bill, and to make a practical proposal that, if implemented, seeks to restore the dignity of debtors who remain blacklisted or redlined for a five-year period, even after they have made full and final settlement of a bad debt.
The national consumer tribunal therefore has an important role to play in achieving the objectives of the Bill dealing with, amongst others, fair and non-discriminatory access to consumer credit; responsibility and accountability; transparency, and other provisions dealing with the consumer credit market. The tribunal is enabled to adjudicate, amongst others, in a wide variety of applications, and to conduct hearings into complaints, make consent orders reflecting any resolution arrived at, and impose declaratory orders.
So, I therefore propose that the national consumer tribunal must be empowered to deal with and adjudicate on rehabilitation applications by default debtors, taking into account the rights of consumers to have access to credit, while being sensitive to the concomitant rights of businesses and credit grantors. Upon application to the tribunal, to be declared a rehabilitated debtor, the business or credit grantor must be given the burden of proof to provide good cause why a debtor, who had been in default with that creditor but has since paid their debt to that creditor in full and final settlement, should not be considered a rehabilitated debtor.
Obviously, the intention here is to have a debtor’s negative credit record expunged with the assistance of the creditor, who would have reported such a debtor to a credit bureau, but only upon full and final settlement of the debt in question by such a debtor. We believe this would be a pragmatic alternative to the effective five-year sentence that debtors would otherwise need to endure after they had settled their debt in full. Thank you.
Mnu S J NJIKELANA: Somlomo obambeleyo, hayi obekekileyo kuphela kodwa ke nothandekayo . . . [Kwahlekwa.] . . . Baphathiswa abahloniphekileyo, malungu ePalamente kunye nabemi bonke baseMzantsi Afrika, namhlanje mawethu senza imbali ngalo Mthetho uyilwayo siwuqulunqayo, kuba uya kanye kundoqo wezoqoqosho, futhi wenza indlela yokubuyisa isidima sabo bahlelekileyo. Ukwavula indlela, ibe sithabazi, koosomashishini abasantshulayo, ikakhulu abamnyama.
Ngokubhekisele kwiikontraka ezakhayo ezikolweni nezisebenzisana neSebe lezeMisebenzi yoLuntu, xa ukhangela amafama asakhasayo ezilalini nakwiilokishi, ufumanisa ukuba asoloko elila esimantshiyane engakwazi ukuboleka imali, maxa wambi engakwazi ukuvula iiakhawunti ezibhankini ngenxa yamagama awo akwezi-credit bureau. Siyathemba ke ngoku ukuba noko izinto azizikuba mntakaNgqika. Umbele uza kukhe ubhonxe. (Translation of Xhosa paragraphs follows.)
[Mr S J NJIKELANA: Acting Speaker, not only honourable but also handsome . . . [Laughter.] . . . honourable Ministers, members of Parliament and all South African citizens, today we are making history with this Bill that we are debating, because it deals directly with real economic matters, thereby presenting a way of restoring the dignity of the disadvantaged. It also opens wide the avenues for emerging business people, especially blacks.
With regard to the contractors who build schools in co-operation with the Department of Public Works, and looking at the emerging farmers in rural areas and the townships, you will find that they always voice the plight of their inability to secure loans. Sometimes they cannot open bank accounts in banks, because their names are listed with the credit bureau. We hope that from now on things will not be so bad. There will be a lot of benefits.]
Acting Deputy Speaker, the ANC has always had a vision of decent work and living standards for all in the context of qualitatively improved equity and ownership - I would like to emphasise that – improved equity and ownership, and access to opportunities.
Achieving this vision requires substantial growth in small and micro enterprises based in large part on land reform, as well as improved access to finance, and I would like us to emphasise, once again, improved access to finance, infrastructure and markets. This was the decision of the 51st National Conference of the ANC.
The impact of a transformed credit market as a result of this outstanding legislation would be quite significant on the economic empowerment of the formerly disadvantaged, especially emerging businesses. For any economy to thrive sustainably the active economic citizenry must first increase quantitatively, and, once again, advance qualitatively. Appropriate access to credit is one of the fundamental requisites for such outcomes, especially the qualitative advancement.
The ANC-led government has through relentless effort ensured that access to credit is made available to those who have the genuine need for credit, to improve the quality of their lives in our country, as Comrade Godi says: The unavoidable need. Without any doubt the Bill is definitely transformative in its character and content.
This Bill definitely provides appropriate protection for consumers for the first time. I would just like to highlight one area: The credit agreements will, in future, be crafted in a manner that will ensure that consumers do not blindly enter into contractual arrangements without thorough explanation – I’m one of the victims in that. Even the exclusion of stokvels from the credit agreements within the scope of this Bill – I view it as the noble recognition of the uniqueness of stokvels, because they have a significant role to play in the credit market
- is definitely a reflection and a manifestation of the extent to which consultation and thorough processing of this piece of legislation has been done.
The firmness of the regulatory framework as expressed through the introduction of the National Credit Regulator, the tribunal and even debt review mechanisms must be applauded. The introduction of these structures will ensure that those who consciously induce overindebtedness and allow reckless credit will face the wrath of the law.
What has been lacking in the past is an operation shake-up for credit providers who have had their feast by subjugating consumers to misery and anguish in the past. This has definitely triggered a change in mind-sets within the credit industry. It will not be business as usual, although, on the other hand, it will enhance access to credit.
Let us acknowledge that the credit market has been distorted and logically such distortions, with their grotesque impact on the economy, would definitely have stifled prospects of their sustainability. The removal of such distortions will definitely enhance economic prosperity, especially black economic empowerment programmes. Let us also take cognisance of the legacy that has resulted in two economies in our country, and the credit market was definitely one of the victims of such a misnomer.
However, there are challenges that lie ahead in spite of the introduction of such a powerful law: the need for the creation of a dynamic and vibrant consumer movement that will ensure public education and promotion of this law, continuing unbridled consumerism, which is always one of the inducements of overindebtedness and reckless lending, as hon Farida Mahomed has already mentioned. Yes, also, the initial stages of implementation will be difficult, but ultimately the benefits will make such difficulties insignificant.
Let us remember the President of this country at the beginning of this year when he made a clarion call for eradicating poverty and underdevelopment within the context of a thriving and growing first economy, and the successful transformation of the second economy. As we wind up this year, celebrating the Freedom Charter, which also calls for access to economic opportunities, our response to the President’s calls must include a resounding success in creating a dynamic credit market through this legislation.
Iyabulela ilali. [Thank you.]
Mr L B LABUSCHAGNE: Hon Chairperson, the road to hell is paved with good intentions. I have concerns that the admirable intentions of the Bill as enunciated by my colleague, may flounder on the uncharted seas of unintended consequences, which could impact negatively on the extension of credit and the cost thereof.
South Africa, like many countries of the developing world, both in and out of Africa, has two economies, the modern and the informal. On the one hand we have a comprehensive, sophisticated system of credit, the work of which has received high marks from international financial institutions, and on the other hand we have the struggling informal sector or second economy seeking credit, often not available to improve the quality of their lives.
The dilemma is how to satisfy both. This Bill, like the curate’s egg, is good in parts. There are areas that we feel can impact negatively on our free market system, which have not been adequately addressed. On reckless credit, the practical application of the Bill leaves room for abuse. However, we are pleased to note that the Bill now allows the court to mitigate this potential area of concern.
However, there is still an imbalance of responsibility between borrowers and lenders, with a major burden on the lenders, although section 81(4)(a) and (b) does go some way to place an obligation on borrowers to be truthful and forthcoming. And only time will tell whether this legislation is effective. Risk predictive data is an important element in all credit transactions. Accuracy is important and one must be careful about reckless expunging of such information.
It is noted that the Minister can by regulation decide which data must be expunged or retained. The fact that the Bill provides that the pro forma regulations are to be put to the portfolio committee, is in itself an indication of the regulatory concerns. Excessive regulation is contrary to the development of a market economy, and we can only urge the Minister to ensure that regulations have a minimum impact on the conduct of business.
There is too often a tendency in this government to bypass Parliament with the promulgation of excessive regulation. Regulation should be minimised and we realise, of course, that it cannot be eliminated. We are concerned about the excessive bureaucracy created by this Bill. Only time will again tell whether we have created a regulatory monster, whose tentacles will either assist access to credit at a reasonable cost or not.
The lack of an impact assessment of the positive and negative consequences on both borrowers and the credit industry is also cause for concern. And, finally, there is an area where the poor will be exploited if formal access to credit is denied due to reasons of the Bill and that the illegal . . . [Time expired.][Applause.]
Ngaka M SEFULARO: Mmusakgotla, maloko a a tlotlegang, Ditona le Batlatsa- Ditona, ka molao o, setšhaba sa rona sa Aforika Borwa se na le tšhono ya go rola joko le go kgaola diketane tsa tsamaiso e e sotlang ya sekoloto se ba godileng ka sona ba bo ba godisa bana ba bona ka sona. Lenyatso le tlontlololo ya go amogwa dithoto, go tshwarisiwa le go tswalelwa ditsela mo kgwebisanong go tla fela.
Ka Molao o, re tlosa masaledi a tlhaolele a a kabong a fedile le di- nag spešele, di-stans bermete, di-werk soek spešele le tse dingwe. Ka ona re busetsa batho ba rona seriti. Re tiisa tshireletso ya bona mo mabakeng a theko-khiro le go oketsa maatla le ditshwanelo tsa bona kgatlhanong le ditheo tse di tshwanang le dibanka le marekelo a difenitšhara, diaparo le tse dingwe.
Re ikemiseditse go fedisa mokgwa wa go sotla batsofe le batho ba ba tlhokileng lesego la go ya sekolong, ba ba tshepisiwang legodimo le lefatshe, ba mengwa gore ba itsenye mo mathateng a sekoloto go sa tlhaloswe kotsi. Ba bontshiwa lee, lerapo le serilwe gore ba seke ba le bona.
Re utlwile dilelo tsa batho ba rona re le ANC. Re utlwile esitana le lona lekgotla la makomunisi-SACP-fa ba ne ba re go itshwarelwe mme go tlosiwe mo dibukeng tse dintsho botlhe ba ba thibetsweng ditsela, ba sentswe maina ke ditheo tse di latelelang ba ba nang le melato, ba ka sekgowa ba bitswang credit bureau.
Ka re utlwile re le lekgotla la batho, komiti ya rona e e neng e sekaseka molao ona, e utlwane ka gore re tshegetse kopo e ya gore batho bangwe ba itshwarelwe, mme re fe maatla ao Tona ya Lefapha la Kgwebisano le Madirelo gore e nne ena a rebolang gore ke bo mang ba ba tla fiwang tshwarelo? Ka mo tlase ga maemo afe? Ele tshwarelo ya mofuta ofe?
Dintlhakgolo tsa molao ona ke gore go tla nna le molaodi kgotsa modisa wa kadimo ya ditšhelete kgotsa theko-khiro. Ya bobedi, go tla nna le lekgotla kgotsa makgotlana a a kgethegileng a boipiletso a a tla utlwang dilelo tsa ba ba sa itumelelang tsamaiso kgotsa maitshwaro a ba ba adimanang ka ditšhelete kgotsa ba rekisa ka sekoloto.
Molaodi o tla tlhokomela dintlha tse di latelang: go adimana ka ditšhelete kgotsa go fa motho sekoloto go go botlhaswa; ikwadiso ya botlhe ba ba adimanang ka ditšhelete; go thaota le go phatlhalatsa sekoloto ka mokgwa o o wetsang batho; kgethololo mo mabakeng a go adimana ka ditšhelete kgotsa go fana ka theko-khiro; go gana go ntsha tlhaloso ya gore ke eng o gana go fa motho sekoloto kgotsa go mo rekisetsa ka sekoloto; go gana go fana ka makwalo a dikonteraka a a kwadilweng ka puo kgotsa leleme le le utlwiwang ke moreki kgotsa go gana go fana ka diteitimente kgotsa ditshupamolato.
O tla tlhokomela gape mokgwa o go batliwang ka ona ditšhelete mo bathong ba ba nang le melato mme o tla disa gape gore go kganelwe mekgwa e e gatelelang ya go batla tšhelete ya sekoloto mo bathong. Re kopa gore motlhang re fedisitse molao ona, batho ba rona ba ithute maikarabelo le dithata tsa motsamaisi gore batle ba itshireletse, ba ithuse.
Lekgotla le le kgethegileng lona le tla tlhokomela tse di latelang: go thusa baadimi go bona ditshwanelo tsa bona gotswa mo go ba ba batlang go duela molato; kganetsano ka ga kutlwisiso ya molao; boipelaetso jwa batho ba ba imetsweng ke sekoloto; go batla morokotso o o fetang selekano; go se kgotsofale ga modirisi ka diteitimente kgotsa dikonteraka; go gapiwa ga dithoto tsa moadimi; go busiwa ga dithoto tse di neng di rekilwe ka sekoloto; go busetsa moadimi tse di mo tshwanetseng; go tlhatlhoba le go tshegetsa dikatlholo tsa magiseterata le makgotla a mangwe mo mererong ya sekoloto.
Go bonala kwa ntle le pelaelo gore puso ya rona, e e eteletsweng pele ke ANC, e utlwetse batho ba rona botlhoko. Re le ANC, ga re a lebala tshotlego ya dingwagangwaga ya batsadi ba rona. Karolo ya rona ya go lwantsha tlala, lehuma le botlhokatiro ka molao o, ke go kopa batho ba rona ba ithute molao o, ba o dirise mme ba itshireletse.
Re kopa gore batho ba rona ba fetole mokgwa wa go ipolaisa sekoloto ka kgaisano le go rata bontle jo bo sa tlhokegeng. Bolokang tšhelete! Rutang bana! Fokotsang tlala! A monna le mosadi le badiri botlhe, ba bone gore ba lema eng? Mofufutso wa bona o ba busetsa eng? Re le ANC, re re a molao ona o fetisiwe ke Palamente e e tlotlegang ya batho. Ke a leboga. (Translation of Setswana speech follows.)
[Dr M SEFULARO: Madam Speaker, hon members, Ministers and Deputy Ministers, through this Act our people stand a chance to experience some relief by being able to break the chains of suffering from long-standing debt which has been in existence from previous generations through to the current one. Although people were undermined and disrespected, their belongings taken away from them, arrested and barred from participating in the economy, there is now hope that this will come to an end.
Through this Act, we are removing the remnants of apartheid which could have been ended long ago with special night permits, travelling permits, permits to look for employment and others. This Act will help us to restore dignity to our people. We increase their protection in issues relating to securing credit by increasing their bargaining power and rights against institutions like banks, clothing and furniture stores and others.
We are prepared to end the exploitation of the elderly and the illiterate, who have been promised heaven and earth and have had to incur debt without being given proper guidance. They were lured into debt without being warned of the repercussions.
The ANC has acknowledged the concerns of our people. We also received a list of concerns from the SACP, which suggested that amnesty be given to all who were blacklisted and whose reputation had been tarnished by the credit bureaus.
To prove that we are the people’s party, we acknowledged their concerns. Our committee that looked into this Act decided to support these requests that other people be indemnified. It also decided that the Minister of Trade and Industry should determine who should be given amnesty, under what conditions and what type of amnesty.
The main provisions of this Act include the establishment of a director or an ombudsman for loan-making or credit-securing purposes. Secondly, there will be special appeal boards to listen to the complaints of those who are dissatisfied with the process of giving credit or with the creditors.
The director will be responsible for the following: the granting of loans and addressing the improper way of granting credit; registration of all creditors; to promote and market loans in a way that does not mislead people; any discrimination regarding the granting of loans or credit; any instance of failure to provide information on why a loan or credit was not granted; and any failure to provide contracting letters or statements of receipt written in a language understood by the customer.
There will be considerations to look into the ways in which people are being persuaded to settle their debts. The director or ombudsman will ensure that unfair ways of persuading debtors to settle their debts are addressed by this Act. After abolishing these unfair practices, we would like to see our people being responsible and aware of their rights, knowing about the role of the ombudsman who will help and protect them.
The special boards will ensure that the following is taken care of: to help creditors in getting paid their dues by debtors; discussions on people’s understanding of the Act; the grievances of the debtors who cannot repay their loans; the charging of exorbitant interest rates; dissatisfaction of customers with receipts or contracts; taking the debtors’ belongings; repossession of the goods that were purchased on credit; returning the debtors’ dues; and to assess and support the judgments given by the magistrate and other debt-recovery agencies.
There is no doubt that an ANC-led government sympathised with our people. The ANC has not forgotten our parents’ long period in the struggle. Our responsibility is to urge our people to use this Act to protect themselves and fight hunger, poverty and unemployment.
We are making an appeal to our people to change their behaviour of indulging in debts and competing unnecessarily. Learn to save money! Teach children to do the same! Fight against hunger! Are both wife and husband workers, and did you notice what they have planted? Do they benefit from their efforts? The ANC supports the Bill. Thank you.]
The MINISTER OF TRADE AND INDUSTRY: Madam Chair, thanks to all the members who have participated in this debate, and to all of the parties that have supported this piece of legislation, because in spite of the concerns that have been pointed out, generally there has been overwhelming support for the National Credit Bill. And I would like to thank all the parties for that.
In relation to some of the concerns that have been raised, I think if one were to pick up on the points that were made by the hon Stephens, who I think was really making the case for balance in respect of the rights of people who are credit providers and people who are consumers. I think that the Bill that we have, following the extensive consultation, as well as the extensive amendments that have been effected to this Bill, actually does give us the kind of balance that we are arguing for.
But I think an even more important massage, coming out of this Bill, is that we are seeking to promote responsibility as well. So we are not only protecting rights and imposing obligations, we are also seeking to promote responsibility all round, by both the credit providers, as well as people who are seeking credit.
And so, we want to avoid instances of reckless lending. We want to deal with issues of overindebtedness. But we also want to make sure that those who seek credit understand that they’ve got to take responsibility for providing proper information so that credit providers can make due assessments.
Hon Chang, in terms of what’s going to happen to consumer rights, I think there is great clarity in the Bill and different institutions. We outlined the rights, we enshrined the rights of consumers in the legislation, but we have created different tiers of institutions, all of which are going to play a role in promoting and protecting the rights of consumers. And so the regulator, the tribunal and finally the courts, are all going to be playing a role in ensuring that the rights of consumers are protected.
I’ve already made reference, hon Gore, to the fact that a lot of amendments were effected to this legislation, and so if everything was not taken into account it is precisely because we had to achieve the necessary balance in this regard. And I think that it’s important to make the point, hon Labuschagne, that the scales have been so tipped against the consumer in South Africa and what we are seeking to achieve here is a better balance in the power relationship. And that must not be seen as tilting the balance against those who provide credit. We are seeking to correct historical distortions that have been there. An excessively abusive system also doesn’t make for growth of the economy. And I’m raising this in relation to the point you made about excessive regulation.
And the final point I would like to make is that one would hope that our banks, our microlenders, our retailers have heard the voice loud and clear from what the political parties were saying here. Everybody is supportive of what this legislation is trying to do. And we therefore hope that there will be better attention given to issues of the rights of consumers; that the game is changing in South Africa. Responsibility, access, broader participation, but also that we are raising the issues of consumer rights and consumer protection. Thank you. [Time expired.][Applause.]
Debate concluded.
Bill read a second time.
FORESTRY LAWS AMENDMENT BILL
(Second Reading debate)
The MINISTER OF WATER AFFAIRS AND FORESTRY: Chairperson, hon members and hon Ministers, it gives me great pleasure today to be able to present to the NA a Bill that proposes improvements to one of the first pieces of national legislation that was passed by a new democratic South Africa. This attests to the commitment of government to the nurturing, growth and development of the environment to ensure that there is some for all forever.
In South Africa we are blessed with wonderful and unique natural resources that are not only aesthetically pleasing, but play a pivotal role in meeting livelihood needs and creating natural resource-based opportunities. The erosion of these resources undermines livelihood systems and enterprise opportunities.
Recognition of this resulted in the drafting and promulgation of two pieces of legislation in 1998 that attempted to regulate the forestry environment to ensure the sustainable management and development of the forest resource and associated biomes. The two pieces of legislation that I am referring to are the National Forests Act of 1998 and the National Veld and Forest Fire Act of 1998, respectively.
These pieces of legislation have received much acclaim for successfully placing people at the centre of the environment. The legislation recognises that a balance can be achieved between conservation and development and that people’s needs and cultural practices can be met without undermining environmental integrity. I therefore request your indulgence as I briefly present the intentions of the principal Acts, before I present the reasons for the proposed amendments to the Acts.
The purposes of the National Forests Act are to promote the sustainable management and development of forests for the benefit of all, to create conditions necessary to restructure forestry in state forests, and to provide special measures for the protection of certain forests and trees, and also to promote the sustainable use of forests for environmental, economic, educational, recreational, cultural, health and spiritual purposes, as well as to promote community forestry, greater participation in all aspects of forestry and forest products, especially by those who were previously excluded.
Parliament enacted this piece of legislation acknowledging that everyone has the constitutional right to have the environment protected for the benefit of present and future generations and recognising that natural forests and woodlands form an important part of the environment and thus need to be conserved and developed according to the principles of sustainable management.
It was acknowledged that the economic, social and environmental benefits of forests have been distributed unfairly in the past and thus this had to be addressed. Seven years after the Act was passed by this Parliament, I am satisfied that this amendment to the Act is appropriate and necessary and that measurable gains have been achieved with the passing and implementation of this legislation. The advantage of experience has now shown where improvements in the legislation will assist in achieving greater gains and bring these gains even closer to our people.
The proposed amendments to the National Forests Act address both editorial improvements, as well as technical provisions that intend to facilitate greater involvement of local people in the use and management of forest resources. This greater participation is focused both at subsistence level and at enterprise development. This is in line with the key objective in forestry to maximise rural development and empowerment in a sustainable manner.
In addition to tailoring the legislative framework to stimulate greater access to resources and black empowerment, we are engaged in a policy process to ensure the achievement of a transformed forest sector.
Section 27(a) that has been inserted is very significant because it establishes a trust for holding lease rentals collected from private companies leasing state forests. My department leased plantations in the Eastern Cape to Singisi and Amathole, in KwaZulu-Natal to Siyaqhubeka and in the Western Cape to Mountain to Ocean, and we collected R58 million, including interest, from these tenants.
These moneys have been kept until now in a suspense account for the benefit of the would-be beneficiaries or people who would be successful from land claims. The Department of Land Affairs is in the process of finalising communities’ land rights on these leased parcels of land. Once this process has been finalised the rentals accumulated will be paid to the beneficiaries.
Where claims are unsuccessful, lease moneys kept in trust are to be paid over to the state. Where state forest land belongs to the Ingonyama Trust, lease moneys kept for claimants whose claims fail will go to the Ingonyama Trust. The Bill empowers the Minister to appoint and dismiss trustees and he or she may even dismiss all of the trustees and perform their functions him or herself in the interests of the beneficiaries.
The second piece of legislation being amended is the National Veld and Forest Fire Act. It provides for the prevention and combating of veld, forest and mountain fires throughout the Republic. It provides for a variety of institutions, methods and practices for achieving this purpose. This Act places obligations on owners of land on which there is a risk of veld fires and citizens at large who may be affected or who may be at risk of veld fires.
The level of veld fire risk in rural South Africa’s grasslands, woodlands and fynbos biomes is very high. [Time expired.]
I see zero there. [Laughter.]
Ms C C SEPTEMBER: Chairperson, the Bill before us, as stated, is really a Bill that brings together three different pieces of legislation, namely the National Forests Act, the Wattle Bark Industry Act and the National Veld and Forest Fire Act.
Initially, as much as we thought that the Bill provides for a technical and clean-up process, the committee was very happy to see that the issues that we had to deal with in the Bill do touch quite significantly on the disadvantaged communities in South Africa in particular.
Importantly, regarding the National Forests Act, we are delighted to see that as we asked the NA to adopt this Bill, at least now not only are licences issued with regard to protected trees, but at least also authorisation is brought on board, particularly around what we can produce and the products that are derived from trees. Of course, there are benefits that accrue from such products. If you look around this House, right in front of all of us here, is an example of the products of forestry in South Africa being protected.
Secondly, insignificant as it might be, the fact that the Bill asks that we take into consideration all sorts of trees, whether dead or alive, is quite significant because it means that when we use any of these trees we don’t distinguish between dead trees or live trees, we are interested in the end product. We think that it is quite significant that that matter has been brought on board.
Now, in so far as the power of the Minister to prevent deforestation and to make sure that we rehabilitate national forests or woodland is concerned, indeed, it is significant that it goes completely beyond what is currently protected and its current scope. This is important, for the following reasons: If we look at woodlands, in particular, what they are important for, is that they are the most extensive vegetation in South Africa; they provide, first of all, wood for fuel; they provide for construction, which is very important as we construct the new South Africa; they provide for craft and timber; and they support quite a variety of non-timber products.
These products include some of the things we have in this room today, such as fibre, and in some instances they also have medicinal qualities - I am sure that some of you are using it to stay healthy. Of course, in Parliament you might have noticed that most of the time, at lunch, members do not take sugar, but honey. Honey also comes from this important woodland. Of course, there is also the aspect of mushroom stew.
This is important because it contributes to overall economic development by providing the protection provided for in the Bill. [Interjections.] Keep quiet, Mike, or go and have tea, Mike. Woodlands are the dominant landcover in our major catchment areas and they play quite a big role in our water delivery.
The other things said in the Bill are, where state land is leased, especially state forest land, and the Minister has alluded to the fact that a trust is being created through this Bill, for us what is quite significant in this area is the department aligning itself with Treasury regulations. Moneys that are held in trust by communities living on leased land would be seen as separated from the overall accounts of the department. Of course, this is done because there is an ongoing process of access to land and land claims in South Africa, and therefore, as this process is completed, we are comfortable that at least these claimants would have access to this money.
We are confident, Minister, that the interest derived from these accounts would obviously be used for the good of the disadvantaged people in South Africa. In this regard the committee felt that we need to make a further amendment, and we are happy that this amendment has been taken on board. In an instance where moneys need to go to the Ingonyama Trust, or any other trust for that matter, our amendment now says that the Minister must be satisfied that at least the moneys are going to that trust or, in this instance, the Ingonyama Trust.
The Minister should satisfy herself that members of the trust are able to account for this money and we have asked to include this so that the objective of ensuring openness, transparency and accountability in accounting for money in this country is taken on board. Furthermore, we have also considered past financial statements of that particular trust. Quite significant in this area is the process of consultation. We are quite satisfied with the level of consultation with regard to this Bill – before, during and after the process. A number of communities were consulted on this aspect. Here, hon Minister, we would want to ask that those comments that communities have made be taken on board, because really what the communities are asking, is: How can they get involved more when it comes to forestry? How can they make sure that the benefits that are derived from forestry come to these communities? These communities are therefore asking that we take on board the fact that they form themselves into small organisations at that level.
On the National Veld and Forest Fire Act, of course, what is important is the aspect of fire rating, and we are not only talking about dangerous areas, but also about extremely dangerous ones. I think that hon members would have seen in the past couple of days and weeks the effects of not having a fire rating system in place, with fires having ravaged many, many areas. The importance of alerting the country to extreme conditions is quite important for everyone so that we are able to deal with these problems when they arise, when fires do occur.
The fact that the entire wattle bark industry has been repealed now gives us an opportunity. Again, it is very interesting that around one tree, the wattle bark tree, an association was formed. This tree and its bark, of course, and the benefits derived from this tree were quite significant. We are quite happy that the Act has been repealed because it now means that entry into that industry would be made easy.
So, as a committee, we have adopted this Bill. We are happy to present this Bill to the NA.
Baie dankie. [Thank you very much.]
Mev D VAN DER WALT: Agb Voorsitter, agb Minister en agb kollegas, ek gaan nie deur die hele wet werk nie. Die doel van vandag is om deur die wysigings te werk . . . [Tussenwerpsels.] Ek hoef nie te sit as jy vir my so sê nie, agb lid; ek sal sit wanneer ek klaar is.
Maar, as lid van die Portefeuljekomitee oor Waterwese en Bosbou, het die DA die wysigings, soos voorgelê aan die komitee, deeglik bestudeer. Ons het ook met relevante en prominente rolspelers in die bedryf gekonsulteer oor die voorgestelde wysigings.
Alhoewel daar tans geen drastiese besware teen die voorgestelde wysigings geopper is nie, is daar tog kommer uitgespreek teen die wysiging van artikel 10 van die Wet op Nasionale Veld- en Bosbrande, Wet 101 van 1998. Sodanige kommer spruit uit die geweldige toename in veld- en bosbrande en die ernstige gevare en nagevolge wat daarmee gepaard gaan.
Die gevoel is dat daar meer en nie minder nie kommunikasie nodig is om sogenoemde vuurgevare aan te kondig. Soveel mense as moontlik moet so gereeld moontlik en in hul eie taal gewaarsku word teen die gevare van dié brande. Om ’n duur vuurgevaargraderingstelsel in plek te stel en dan nie voldoende kommunikasie in plek te hê nie, is inderdaad kortsigtig.
Dit is ook nodig dat in terme van wetgewing die voorgestelde wysigings ook na die Huis van Tradisionele Leiers verwys word, synde sekere voorstelle met betrekking tot inheemse reg en gebruike van tradisioneel inheemse gemeenskappe beïnvloed kan word.
Die DA ondersteun die voorgestelde wysigings van die Wet op Nasionale Bosse van 1998. Ek wil ook egter graag ’n beroep op die Minister doen om die kwellende kwessies aangaande Komatiland asseblief dringend te bestudeer. Ek dank u. [Applous.] (Translation of Afrikaans speech follows.)
[Mrs D VAN DER WALT: Hon Chairperson, hon Minister and hon colleagues, I will not work through the whole Act. Today’s objective is to work through the amendments . . .[Interjections.] I don’t have to sit because you told me to, hon member; I will sit down when I am done.
But, as a member of the Portfolio Committee on Water Affairs and Forestry, the DA has thoroughly studied the amendments as submitted to the committee. We have also consulted with relevant and prominent role-players in the industry regarding the proposed amendments.
Although there are no drastic objections to the proposed amendments at present, concern has been expressed regarding the amendment of section 10 of the National Veld and Forest Fire Act, Act 101 of 1998. This concern arises from the tremendous increase in veld and forest fires and the great dangers and consequences associated with this.
The feeling is that more and not less communication is needed to announce so-called fire hazards. As many people as possible have to be warned as frequently as possible in their own language about the dangers of these fires. To have an expensive fire hazard grading system in place and then not have adequate communication in place is short-sighted indeed.
It is also necessary that in terms of legislation the proposed amendments also be referred to the House of Traditional Leaders, since certain proposals concerning indigenous law and customs of traditional indigenous communities may be influenced.
The DA supports the proposed amendments to the National Forests Act of
- However, I would also like to appeal to the Minister please to study the troubling issues regarding Komatiland as a matter of urgency. I thank you. [Applause.]]
Mr M W SIBUYANA: Madam Chair, hon Chair of the Portfolio Committee on Water Affairs and Forestry, my hon Minister, hon members of this House, we in the IFP have always treated the issue of conservation with the seriousness that it deserves.
Many people in South Africa are directly dependent on the natural resources surrounding them. Forests and trees impact on the daily livelihood of many, especially those in the rural areas of our land. Trees have in the past been used and are still being used for firewood and, although this eventually has a negative impact on our forests, many people have no choice, as without these trees they will not be able to survive as they have no alternate source of energy that they can afford.
Although this amending Bill before us today is very small in size, the impact that it will have is immense. We do agree that the protection of our indigenous trees and the forests is non-negotiable, but we must not lose sight of the fact that these would impact directly on the lives of many people.
It is because of this impact that the Bill will have on the lives of people that we believe the consultation process should have been broader and should have taken into consideration the views and comments of the very same people and communities that will be directly affected by this Bill. The IFP supports the Bill. Inkomu. [Thank you.]
Ms S N SIGCAU: Chairperson, hon Ministers and hon members, the Forestry Laws Amendment Bill effects a number of minor amendments, which should enhance the management of forests as a national asset.
Firstly, the Minister’s powers under the present Act are broadened to allow for protection against deforestation. Secondly, the Minister will now be able to establish a trust to receive moneys from leased forests against which claims are currently lodged. This process will hopefully ensure that those rightfully entitled to this income will receive it upon the successful completion of their application, whether it be the applicants or the state.
Thirdly, the Bill amends the National Veld and Forest Fire Act in order to create an additional tier for the description of fire danger. The intention is to have an extreme rating, which will become the upper tier of fire warnings for situations and areas that exceed the high rating, given the importance of forests as a national asset and the massive damage that fires have caused in the past.
This is a necessary change, which should reduce damage, loss of property and life, associated with forest and veld fires. The UDM supports the Bill. Thank you, Chair. [Applause.]
The HOUSE CHAIPERSON (Mrs C-S BOTHA): Hon Simmons, I think this is a maiden speech for his party. [Laughter.]
Mr S SIMMONS: Chairperson, the United Party of South Africa supports the Forestry Laws Amendment Bill serving before this House. In view of the limited time available to me I will focus only on clause 5 of the Bill.
This Bill was well consulted with and supported by all stakeholders, which includes the rural communities. The department also supports it and the state law advisor also supports it.
The UPSA is, however, concerned about the reactive nature of clause 5(5), which refers to trusts. We are of the opinion that this clause should have made provision for proactive measures to ensure effective, efficient and transparent financial practices. Therefore the UPSA is of the opinion . . . [Interjections.]
The HOUSE CHAIRPERSON (Mrs C-S BOTHA): Hon member, will you please take your seat?
Mr N J GOGOTYA: Chairperson, on a point of order: The hon member says this Bill was consulted on widely except for his party, but when the Bill was consulted on his party did not exist. He is misleading the House. [Laughter.]
Mr S SIMMONS: Chairperson, therefore the UPSA is of the opinion that this Bill should make provision for ensuring that proper mechanisms are put in place to ensure effective, efficient and transparent financial practices. Thank you.
And for the gentleman, I was present when all of these things took place. It’s not the party; it’s me, in person.
Mrs C DUDLEY: Chair, the ACDP will comment on two specific areas. The first is the land restitution process, as it relates to the Forestry Laws Amendment Bill. It is very important that the communities that are affected are consulted on an ongoing basis in that the land reform process can become a highly emotional issue, as we all know, as it is closely linked to heritage, culture and family.
Transparency will result in greater co-operation between all role-players, and will therefore ensure that the Forestry Laws Amendment Bill achieves its desired objectives. Regulation of any industry should always yield economic benefits.
Issues such as land reform, rationalisation of trusts and traditional authorities should be handled in as fair and democratic a manner as possible and at the same should not impede the economic benefits that should arise from the Forestry Laws Amendment Bill.
The second issue relates to the communication mechanisms for fire hazard warnings. The reduction of existing channels is not advisable and interaction and consultation between all role-players is important to ensure that changes to fire warning and media channels would not have disastrous consequences. The ACDP will vote in favour of this Bill. Thanks. [Applause.]
Mr J D ARENDSE: Thank you very much, House Chairperson. Die bekommernis van die DA is reeds deur die komitee gehanteer, terwyl ons besig was om oor die wysiging te praat. Daar is geen vermindering van kommunikasiekanale nie. Die probleem is dat in sekere plekke in ons land waar hierdie soort brande voorkom, daar nie drie tot vier of vyf verskillende kanale bestaan nie. Al wat gedoen is, is om dit vir die Minister moontlik te maak om die kommunikasiekanale wat wel bestaan, te gebruik, sonder dat die Minister gebind word deur die wet soos wat dit huidiglik daar uitsien, om ander kanale te soek wat in elk geval nie in daardie area bestaan nie. Die sogenaamde kortsigtigheid wat die DA genoem het, bestaan glad nie. [Tussenwerpsels.] (Translation of Afrikaans paragraph follows.)
[The concern of the DA was already addressed by the committee when we were discussing the amendment. There is no reduction in the number of communication channels. The problem is that in certain areas of our country where such fires occur, three, four or five different channels simply do not exist. All that has been done is to enable the Minister to use the communication channels that do exist, without compelling the Minister by way of the Act, as is in the case in its current format, to seek for other channels, which in any event do not exist in that area. The so-called short- sightedness cited by the DA does not exist at all. [Interjections.]]
Chairperson, formal and informal deliberations on the Forestry Laws Amendment Bill, I think, went rather well, I mean compared to how it can sometimes go when other pieces of legislation land in front of other committees, as well as this committee. As a matter of fact, if it wasn’t for two areas of contention, which I’m going to speak about, I would be the first to say that we do not really need a debate here today.
The two bones of contention were points raised by the IFP delegate in the committee and these are, as follows: There was the question of accessibility to woodlands by poor rural people in rural areas. The other point was the question of consultation, especially with traditional leaders, which was raised by the IFP.
Now, these two questions were raised in such a manner that I believe that a perception could have been created, that because of this amending Bill people would no longer have access to forests and that there was no proper consultation process; this could not be further from the truth.
In relation to access to forests, section 19 of the National Forests Act, Act 84 of 1998, clearly states that everyone has reasonable access to state forests for purposes of recreation, education, culture or spiritual fulfilment. Section 21 of the same Act makes provision for access to be granted to forests other than state forests.
The Forestry Law Amendment Bill does not affect any of these sections at all. The fear that was expressed by the IFP in the committee that people would suddenly have no access has no basis whatsoever.
During the informal deliberations on the Bill, the committee was of the opinion that the consultation process embarked upon by the department at that time was insufficient and requested the department to redo the process, and of course this was the ANC position. At the same time, the Bill was also sent to the National House of Traditional Leaders for comment and possible recommendations. The National House of Traditional Leaders had 30 days to comment on the Bill. The period of 30 days ended on 29 September.
The committee met on 7 October for formal deliberations and the adoption of the Bill, thus providing an additional seven days to the National House of Traditional Leaders to forward any comments it might have to the committee.
On the morning of 7 October, the Chairperson, in her wisdom, requested that meeting to afford administration one last opportunity to ascertain whether any comments had been received at that late stage before a decision was taken to continue with the adoption of the Bill, that is, any comments by the National House of Traditional Leaders. In other words, we had to wait a while to make sure that they didn’t send anything - not a single comment was forthcoming. During the same 30 days, the department also undertook a further process of consultation, as requested by the committee. The department has engaged communities and other stakeholders in the consultation process, specifically targeting identified stakeholders and the rural communities, and had consultation with 31 different groups in 30 days.
The purpose of the consultation was to afford the rural communities, in particular, an opportunity to comment on the draft Forestry Laws Amendment Bill. The Bill was presented to communities using the local language in that particular area. Also, a simplified version of the Bill was compiled prior to the consultation to enable the communities to understand and follow the presentations. Comments, inputs and concerns from stakeholders and communities were recorded and incorporated into a report that was handed to the committee.
As humans, we interact with each other on the basis of reason. It is therefore only a totally unreasonable and irrational person who would still insist today that consultation on this minor piece of legislation was not sufficient. The ANC supports this Bill. I thank you, Chairperson. [Applause.]
The MINISTER OF WATER AFFAIRS AND FORESTRY: Madam Chair, I have no doubt that the process of consultation and public participation, was capably led by a very capable woman, the Chairperson of the Portfolio Committee - she is very conscious, she would be very inclusive in her approach and I have no doubt that she did that very well - and it is for that reason that I want to thank her for her leadership, as well as thank all the participants and the members of the portfolio committee for supporting this Bill. It is an important piece of legislation and maybe I should just touch on a few things that were raised by some of the members.
On the question of the establishment of the trust: It is in alignment with the Treasury Regulations; we don’t have powers or a mandate to keep any money as the department unless it is line with what the Treasury requires from us. So, it is in that spirit that we need to have this trust established. As I said earlier on, we have this R58 million that is in our account and we have no right to keep it in our account, so that is why we had to establish a trust.
On the issue of fires and the early warning system: I’m sure that the hon member is aware of the fire rating system that we launched the other week for exactly the purposes raising here. On the issue of communication: it cannot be an early warning if there is no prior communication and I agree with her that it is important that central to that should be the empowering of people and the education of people so that they become aware of when there is going to be a veld fire. So, that is being attended to by that particular system.
On the issue of Komatiland, unfortunately, I cannot comment. I’m just mentioning it because it was raised here as a concern, but presently it is sub judice, so there is no way that I can make any more comments about it. But what I can say about it is that when the case has been finalised in court, we will be able, either Minister Alec Erwin or myself, because we share that responsibility together, to come and report to Parliament. The hon member may ask a question then, and we will be able to respond to that.
I want to thank everybody, as I initially said, for supporting this Bill. Thank you very much. [Applause.]
Debate concluded.
Bill read a second time.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON JUSTICE AND
CONSTITUTIONAL DEVELOPMENT – REPEAL OF BLACK ADMINISTRATION ACT AND
AMENDMENT OF CERTAIN LAWS BILL
There was no debate.
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Chairperson, I move: That the report be adopted.
Agreed to.
Report accordingly adopted.
REPEAL OF BLACK ADMINISTRATION ACT AND AMENDMENT OF CERTAIN LAWS BILL
(Second Reading debate)
The MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Chairperson . . . [Interjections.] Hello there! That’s very kind.
Mr M J ELLIS: You are a nice lady as well.
The MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Oh my goodness, I am pleased to hear that!
Chairperson, today we are here to celebrate the repeal of the Black Administration Act of 1927. [Applause.] This omnibus administration tool set the framework that contributed to the suffering of a great number of our people.
The legislation contributed extensively to the systemic patterns of inequality in our society. I think many of us who are sitting here are aware that the deepening of poverty, especially regarding our people living in remote parts away from the cities, is precisely because of the social engineering visited upon our people through a tool such as this one.
Recently, the former chairperson of the Constitutional Assembly, my comrade, Cyril Ramaphosa, had this to say about the impending repeal of this Act. He said that the repeal of this Act would be a moment worth marking, remembering and celebrating. It would mark a major milestone, albeit largely symbolic, in the development of our society from one that justified the statutory subjugation of one person by another to a society which recognises, protects and advances the dignity and rights of each and every person.
He concluded by saying that, for the sake of our collective future and in the interests of a thriving and dynamic democracy, we should not forget what these laws did to our people. And I want us to say we should not only not forget, but we should commit ourselves to strengthening our democracy and our constitutional state.
Since 1994, most of the older and outdated pieces of legislation have been brought into line with our new constitutional dispensation. However, the 78- year-old Black Administration Act has not had the benefits of much-needed cosmetic surgery. The short title of this Act proclaims from the rooftops that it is a relic from the past which we cannot get rid of with a single swipe of the pen. As you would recall, when I began I indicated that this was, in a sense, an omnibus administrative tool.
As strange and distasteful as it may sound, we still apply some of the provisions of this Act on a daily basis. Its web has become so interwoven into the daily lives of our people that its immediate repeal is simply not possible, and this will explain partly, not completely, the reason why it took so long for the Act to be repealed.
Let me now get to the Bill and indicate important aspects of this repeal. The approach adopted in this Bill, which is incremental in approach, has its roots in the interests of good governance and the rule of law. Because there are still provisions of the Act that are applied every day and because repealing all its provisions in one fell swoop could give rise to unintended consequences, we in government have decided that those provisions of the Act that can be repealed immediately must be repealed immediately.
However, those provisions of the Act which require suitable substitute legislation, be it at the national, provincial or local level of government, should remain in place until such time as that substitute legislation is passed and implemented. Some of the provisions that we have to retain include the one that deals with the appointment or recognition of chiefs and headmen, and the power to make regulations prescribing their duties, powers, privileges and conditions of service. The provinces to which these provisions have been assigned are in the process of preparing legislation as envisaged in the Traditional Leadership and Governance Framework Act of 2003.
I have taken note of the portfolio committee, which requires all role- players to report by 18 January 2006 on progress in coming up with substitute legislation. I welcome this and urge all authorities to assist in facilitating the repeal of the Act in its entirety. The sooner this is done, the sooner we can say to our compatriots and the world that we are eventually rid of one of the notorious cornerstones of apartheid.
I would like to thank the Deputy Minister, my colleague – I wish you could smile at least. I would also like to thank the department, our able drafters. Of course, I must thank the portfolio committee and its chairperson, Fatima Chohan-Khota, for the amendments. And I will rely on you to truly have oversight over the process of amending legislation by all the authorities, both at local and provincial government levels. We have to move forward. I thank you. [Applause.]
Ms F I CHOHAN-KHOTA: Chairperson, before I begin I must point out that the report of the committee as published in the ATCs lacks the annexure to which it refers. I’m told that it was an oversight that the annexure was not published but that it will be available in members’ pigeonholes and that it will appear in the ATCs tomorrow. So, that was just in case members who have read the report wondered where the annexure was.
It is a pity that on such a momentous occasion we have to debate this legislation pretty late in the afternoon when members are quite exhausted, having had a full day of sitting. I see Comrade Mlangeni there. You are not exhausted. You are the only one who is not exhausted.
If anything, the unravelling of apartheid legislation has proved to be more involved than any of us ever thought possible. When I first joined the Portfolio Committee on Justice in 1996, one of the first discussions that took place was a review of our Statute Book in order to purge it of apartheid legislation such as the Act that we are discussing today. Now, nine years later, we stand on the brink of repealing the Black Administration Act. Some of our older grandfathers and grandmothers will know it by its old name – the Native Administration Act of 1927, which was implemented in 1929.
With the advent of the Union of South Africa in 1910, the tendencies of the various colonies towards segregation were maintained in that all laws of the colonies remained in force, while the South Africa Act of 1909 provided the framework for separate native administration; in other words, a system of governance within a system of governance for Africans in particular and blacks in general.
The Native Administration Act, Act 38 of 1927, provided the first uniform framework for the Union for the system of separate governance for African communities. The legislation evolved over a period of time, there having been 47 amendments from 1929 onwards, including six amendments made after the advent of democracy in 1994.
Over the apartheid years the Act was systematically amended to include all facets of life, including marriages and divorces, laws on succession, land rights, tribal courts, influx control, the geographical boundaries of traditional communities and significantly restricted political activity until the Abolition of Free Political Activity Act was promulgated in 1993.
In the time I have at my disposal it will be impossible for me to detail every single aspect regulated by this Act, but the devastating effect of this legislation on our people, on the soul of our country, doesn’t have to be told in so many words, it is etched like branding or a permanent tattoo on our history and on our hearts. It is a very shameful example of how our legislatures of old were able to usurp, to bring untold harm and hardship to the majority of the peoples of this land.
On this occasion, I think it is apt for us as members to reflect on our role as legislators and the significance of the legislative arm of government in the broader scheme of governance, and to endeavour with all that we are worth and all that our ancestors had passed on to us to strive to preserve at all costs justice and righteousness in all that we do, in the laws that we pass; to err on the side of beneficence and to produce laws that promote harmony, and fraternity amongst our peoples; and, above all, hold solemn the dignity of our people as the most precious of commodities. This must be our pledge and a trust we jealously guard. Let these halls never ever again be shrouded in shame.
The reason it has taken some time for the repeal of this legislation is that over the years the Black Administration Act became part of a myriad of apartheid laws that created a labyrinth of intricate regulations governing the African peoples of our country. It was one of the principle mechanisms for regulating the lives of African peoples under apartheid.
The overall aim of the Bill before us is of course to repeal the Black Administration Act as a whole, but there are measures, as the Minister has mentioned to, that if immediately repealed without substitute legislation being in place would cause lacunae in our law, and others which if repealed may cause unintended consequences in that there remains a degree of uncertainty as to the extent of the pervasiveness of the Act.
Section 1 of the Act reads:
The Governor-General shall be the Supreme Chief of all Blacks in the Union and shall in respect of all Blacks in any part of the Union be vested with all such rights, immunities, powers and authorities as are or may be from time to time vested in him in respect of Blacks in the Province of Natal.
The philosophy underlining this provision can be traced back to the reign of Sir Theophilus Shepstone. It was predominant thinking amongst the ruling class of the time that Africans could not be governed by the law common to the rest of the citizenry and the so-called native law should be utilised to govern the indigenous peoples of this country.
Of course, the so-called natives could not be trusted to do the actual governing. So, a law was passed in Natal in 1850 enabling administrators of native law to be appointed to govern African peoples in accordance with their own laws and customs, with an appeal mechanism to the Lieutenant- Governor of Natal as the Supreme Chief of the African population, thus effectively replacing the Zulu monarch.
This provision has been amended by section 2 of the Amendment Act of 1929 and then substituted by section 2 of the Black Administration Amendment Act of 1956 and thereafter assigned to the Premiers of certain provinces in terms of 235(8) of the interim constitution. Thus it has remained virtually unchanged on the Statute Book to the present day.
The assignment to the relevant provinces of section 2(7) bis, (7) ter and (8) of the Act relating to the recognition of traditional leaders in governing matters such as the conditions of service of chiefs and other traditional authorities find relevance in our country today. In this regard, provision is made to allow for the relevant provinces to repeal and adopt substitute legislation before 31 July 2006, failing which these clauses will in effect lapse. We have adopted the approach of the sunset clause of 31 July 2006 in various other provisions, including those relating to traditional courts, those relating to the province of KwaZulu-Natal in so far as it pertains to the Code of Zulu Law, and also the issue of land that was delivered through edicts to individuals during that time.
Staying with Land Affairs, the Bill as it was introduced required that any restrictive condition attached to a title deed provided for in section 34 of the Act should, through an administrative process, be removed upon application to the Registrar of Deeds. As we were not in a position to know precisely what kind of restrictive conditions pertained in this regard and whether these were discriminatory or protective in nature, we felt that it was prudent to have the Minister for Land Affairs approve any such application prior to the removal by the Registrar of Deeds.
In order to ensure that we did not inadvertently remove any vested rights that may have been secured through the myriad of delegated legislation over the last 76 years, we have inserted a general savings clause. It is hoped that this will deal with any unintended consequences that may arise during the investigation by Land Affairs.
The Bill, as introduced, retained the clause in the Black Administration Act with some superficial changes, which provided that: A personal obligation incurred by a traditional leader would not bind his subjects unless a meeting was convened at which the majority of the members of that community agreed to be so bound.
This so-called protection clause, like everything else in the Act, has a long and complicated history. Certain authorities on customary law suggest that, based on the Western notion of monarchy, the king is synonymous with the state and had only a public law persona and no private law persona. A traditional leader could therefore bind his tribe to their detriment without consulting his subjects and could not be sued for damages resulting from his actions. As a result, this so-called protection clause was included in the Act.
The Law Commission suggested the retention of this clause, based on a court decision prior to the advent of the Constitution. The House of Traditional Leaders in their submission state:
This Act seems to suggest that traditional leaders act arbitrarily when dealing with the issue of land. No traditional leader may deal with the issue of land without consulting his council and the community at large. It must be pointed out that traditional leaders are supreme guardians of the land on behalf of traditional communities.
We respectfully share their views on this matter, and have removed this clause, particularly since the Department of Provincial and Local Government has reconsidered its position on this matter.
I would have liked to have concluded by saying that that casts the Black Administration Act into the rubbish bin of history, but I’m afraid that in this regard I will have to say, see you again in July 2006 or sometime before that.
Let me immediately just thank the officials, in particular, Mr Lawrence Basset and his team from the department, who have, as always, produced sterling work. My gratitude too to the Department of Land Affairs and the Department of Provincial and Local Government for their co-operation and those officials who attended the committee meetings, and lastly to my committee members, some of whom are still around today. I do thank you for your support and your assistance in this regard. Thank you very much. [Applause.]
Dr J T DELPORT: Madam Chair, the Black Administration Act now finally to be repealed was at the core of apartheid legislation. It was legislated in 1927 as the Native Administration Act; and later referred to as the Bantu Administration Act. Its final repeal truly marks the end of, if not institutionalised racial discrimination, at least linguistic racial discrimination.
I do wish to point out that one aspect which remains outstanding and needs to be dealt with as soon as possible, is that of the lack of proprietary rights of women, married according to customary law. Section 22 of the Act will only be repealed in July 2006, as my colleague has mentioned, or once substitute legislation has been passed, whichever happens at the later date. We need to give urgent attention to this. I want to quote from Hansard, as follows:
It is true that the apartheid legislation could not bring about peace and prosperity, because legislation that seeks to bring about peace and prosperity has to be based on the basic principles of justice. It must have a moral basis.
This quote is from a speech I made in this Chamber 14 years ago on 28 May 1991, speaking on the abolition of the racially based Land Measures Bill. I was a member of the select committee that drafted that Bill.
I want to emphasise again – because it is also true today – that no legislation and no policy can bring about peace and prosperity if it is not based on justice, if it is not morally defensible. Apartheid laws developed over many years. In part these laws were the legal sanction given to systems going back a hundred and more years ago – in part, going back to the phenomenon of slavery.
Breaking down the apartheid laws took place a relatively short space of time ago. In that same speech that I have already referred to, I also stated:
The search for justice goes through a tiresome process, a process of self- examination and of realism. That process is the process of searching for an honest basis on which we could build the future.
Die jaar 1994 het die begin van ’n nuwe era ingelei en ’n nuwe proses is in aanvang geneem. Na die afbreek van apartheid het ’n nuwe kodewoord die nuwe proses getipeer. Hierdie kodewoord is “transformasie”. Transformasie omvat al die begrippe soos swart ekonomiese bemagtiging, regstellende optrede, grondhervorming, gelyke indiensneming – almal aksies wat op die oog het om onregte van die verlede uit te wis en om benadeeldes te help om “in te haal”. Dit is alles in die strewe na die bereik van gelykheid vir almal.
Gelykheid, sê die Konstitusionele Hof, is ’n dinamiese begrip; dit is nie net die passiewe verwydering van beletsels tot gelykheid nie. Dit behels en vra aktiewe stappe om gelykheid te bereik, in besonder ook van die regering. Die morele basis van transformasie, hierdie fase waarin ons nou is, is voor-die-hand-liggend. Dit is goed en dit is reg dat voorheen benadeeldes gehelp word, dat gelykheid vir almal nagestreef word. Ek het dit al gesê en ek wil dit weer vandag sê oor die hele spektrum heen, en al meer en meer sluip daar elemente van diskriminasie die toepassing van transformasie binne. Neem kennis: as gelykheid vir almal bereik word ten koste van die gelyke behandeling van almal, verval die morele basis van transformasie. Jy kan nie deur af te trek en weg te neem van sommige gelykheid bereik nie. Dit is deur opheffing en opbou dat jy gelykheid bereik.
Apartheid het deur fases gegaan. Selfbeskerming is voorop gestel. Toe word die selfbeskerming selfbevoordeling én toe word dit selfbevoordeling ten koste van ander mense en daarná blatante benadeling van ander as ’n aanvaarde norm, as ’n gegewe. Dit is wat met apartheid gebeur het.
En nou wil dit in baie eerlikheid vir u sê: transformasie kan deur dieselfde fases as apartheid gaan, van beskerming wat reg en goed is, van bevoordeling wat in hierdie stadium aanvaarbaar is, maar nie van bevoordeling ten koste van ander mense nie. Dan vernietig transformasie sy eie gesonde basis van moraliteit waarop dit gebou is.
Ek wil vir u sê: die Afrikaner wat tot 1994 die Suid-Afrikaanse regering gedomineer het, en in die besonder die wit Afrikaners soos ek en die agb Adjunkminister van Justisie, moes self in ons eie diepste wese en binneste tot die besef kom dat daar nie ’n morele basis vir apartheid is nie, en dit gaan vra ten opsigte van transformasie, en hoor as ek dit vir u sê, as iemand wat self deur daardie proses van selfbesinning gegaan het, dit gaan van u en die ANC ’n voortdurende besinning in die diepste van u wese vra; om, soos ons agb voorsitter gesê het, om elke wet en elke beleid te toets aan die vraag of dit op die lange duur, gelykheid, billikheid vir almal sal meebring. Die versoeking is daar. Die versoeking was daar in die verlede, dat wanneer jy oor die mag beskik om iets te bereik, om daardie mag buite die grense van moraliteit te gebruik.
Ek glo dat in die ANC daar genoeg stemme is wat sal opdaag om te voorkom – om te voorkom – en ek sê dit in soveel erns, om te voorkom dat op die lange duur die geskiedenis transformasie, net soos apartheid, in sy toepassing as ’n skandbeleid gaan plaas. Mag dit nooit gebeur nie. Baie dankie. [Applous.] (Translation of Afrikaans paragraphs follows.)
[The year 1994 heralded the start of a new era and a new process was commenced. After the dismantling of apartheid a new codeword characterised the new process. This codeword was “transformation”. Transformation encompasses all the concepts like black economic empowerment, affirmative action, land reform, equal employment – all actions ostensibly aimed at eradicating the injustices of the past and helping the disadvantaged to “catch up”. All of this had the objective of achieving equality for all.
Equality, says the Constitutional Court, is a dynamic concept; it is not merely the passive removal of obstacles to equality. It implies and demands active steps to achieve equality, in particular also from government. The moral basis of transformation, this phase we are now in, is obvious. It is fit and proper that the previously disadvantaged are being helped, that equality for all is being pursued.
I have said it before and I want to say again today, that over the entire spectrum more and more elements of discrimination are creeping into the implementation of transformation. Take note: if equality for all is achieved at the expense of equal treatment for all, the moral basis of transformation will collapse. You cannot achieve equality by removing and taking away from some. It is through upliftment and reconstruction that one achieves equality.
Apartheid went through phases. Self-protection was paramount. Then self- protection became self-favouring and then it became self-favouring at the expense of other people and thereafter blatant injustice to others as an accepted norm, as a given. This is what happened with apartheid.
And now I want to tell you in all honesty: transformation could go through the same phases that apartheid did, from the protection of what is fit and proper, of favouring which is acceptable at this stage, but not of favouring at the expense of other people. Then transformation will destroy its own healthy foundation of morality on which it was built.
I’m telling you: the Afrikaners who dominated the South African government until 1994, and especially the white Afrikaners like myself and the hon Deputy Minister of Justice, had to come to the realisation deep within ourselves that there was no moral foundation for apartheid, and this must be asked with regard to transformation, and hear me when I tell you, as someone who went through that process of introspection himself, that it will require from you and the ANC continuous introspection in the depths of your soul; like our hon chairperson has said, to test every Act and every policy by asking if it will bring equality and fairness for everyone in the long run. The temptation is there. In the past there was the temptation, when you had the power to do something, to use that power outside the boundaries of morality.
I believe there are enough voices in the ANC to ring out and prevent – to prevent, and I say this in all seriousness - history in the long run from depicting the application of transformation as disgraceful policy, as happened to apartheid. May this never happen. Thank you. [Applause.]]
Mr G T MADIKIZA: Madam Chair and hon members, the Bill before us has as its main intention the repeal of the Black Administration Act. It is one of the most satisfying aspects of serving as an MP in this democratic Parliament, when we unite to dismantle the remaining legal architecture of apartheid.
The Black Administration Act is, like much of the legislation from the previous dispensation, a despicable and degrading document that gave effect to the repression and dehumanisation of the majority of the people in this country. We should celebrate every occasion such as this when the people of South Africa, at long last free and equal, unite in this Chamber to relegate such legislation to the dustbin of history.
Regrettably, the complexity and extent of this previous dispensation covers a wide scope of government departments over several spheres. The Bill before us thus proposes an incremental repeal. The process depends upon these other departments and spheres of government to provide alternative legal remedies on certain of these aspects. The UDM supports the Bill. [Time expired.][Applause.]
Rre P D N MALOYI: Modulasetulo, re kopane gompieno jaaka maloko a Palamente ya Aforika Borwa go tla go boloka masaledi a tlhaolele. Re tlile go a boloka gonne a ntse a re tshwenya thata. Re batla go a sutisa mo tseleng. Molaonyana o o bitswang gore ke molao wa go busa batho-bantsho, o na le dingwaga dile 78. Molao o fa o ne o dirwa ke borre ba tlhaolele ba ba tshwanang le borre Delport, maikaelelo magolo e ne e le go bolelela rona batho-bantsho gore re dire eng, re tshele jang, re tsoge leng, re robale leng, re nyale mang, re seke ra nyala mang, jalo jalo.
Ka 1910 fa go ne go na le Union ya Aforika Borwa, ga baaka ba fetola molao o, ba ile ba tswelela pele ka ona. Ba tswetse pele ka ona go fitlha ka 1927 ba ntse ba batla go laola batho-bantsho. Ka 1927, jaaka Modulasetulo le Tona ba setse ba buile, maburu a ne a re go botlhokwa thata gore re kopanye melaonyana e ya diporofense tse nne tse, e re fa re feditse go e kopanya re be re laola batho-bantsho ba.
Go ne go na le sengwe se bitswa Governor General [Mmusi-Kakaretso] mme fela ga ke itse gore se bitswa eng ka Setswana. Rre yo wa tlhaolele yo, go ne go twe ke ena morena wa batho-bantsho. Ke ena a neng a swetsa gore go tshwanetse go dirwe eng, leng, ko kae; mme batho-bantsho ba beetswe kwa thoko, gore lona le le batho-bantsho le tla buswa ke ntate yo. Ntate yo ke ena a tla swetsang ka matshelo a lona.
E ne e tsenyeletsa le magosi a rona. Ba le bantsi ba e leng maloko a ANC, le ba ba kgaratlhetseng tokologo ya gompieno, ba tla gopola gore magosi a rona mo Aforika Borwa, fa maburu a ne a ba gatelela ba ne ba bua nako nngwe bare: nyaa, kana re utlwile, selo se se botlhoko thata. Re tla ema ka maoto. Re tla thusa batho ba rona go lwantshana le mmuso wa tlhaolele.
Maburu a ipolelela gore okare bathonyana ba bantsho ba ba na le matlhale. Go tla tlhokega gore rona jaaka maburu, e nne rona re ba bolelelang jaanong. Fa kgosinyana e e bitswang Moroka okare e ya sokodisa, rona ka mothaka yo re mmitsang Mmusi-Kakaretso yo, re tla ntsha kgosi eo re tsenye ya rona. Le yona eo fa e sokodisa re tla e ntsha.
Ke dilo tse ba neng ba di dira mo nakong ya maloba. Malao o o tshwanang le o, ke molao wa kgatelelo. Go ne go na le batho ba rona ba ba neng ba bitswa ka mainaina. Ke tshaba le go bua mafoko ao, mme ke tla a bua e bile ga ke a itse ka Setswana. Bangwe ba ba bitsa “bustards” kgotsa “Hottentots”. Ba dirisa mafoko a a maswe go tlhalosa motho yo montsho.
Gompieno, mo ngwageng wa dingwaga dile 50 tsa Freedom Charter, re tlile go boloka selo se. Re se boloke, re se kgaole mogatla. Mogatla wa teng re o bese re dire pesonama e e monate. Re je re fetse ka yona. [Setshego.]
Rre yo o bitswang Mmusi-Kakaretso, jaaka ke ne ke setse ke buile, o ne a itirile modimonyana yo o neng go tshwanetswe gore go utlwiwe ka ena. Sengwe le sengwe re utlwe ka modimonyana yo. Ka 1994 fa re fetsa go tsaya puso, Mopresidente o ile a tsaya makala mangwe a molao o a neelana ka ona kwa Ditonakgolong tse di farologaneng tsa diporofense. Gore re kgone go fedisa dilo tsotlhe, diporofense tseo di tshwanetse gore di dire melao e e tla siamisang dilo tse. Fa re dutse fa, re a gopola gore go na le sengwe se re se falotseng malobanyana se se bitswang Traditional Leadership and Governance Framework Act. Molaotlhomo oo o bua gore go botlhokwa thata gore go nne le melaonyana kwa diporofenseng gore dilo dingwe di siamisiwe. Re itirela boikuelo thata mo diporofenseng tsa rona le mo mafapheng a mangwe gore ba re thuse go boloka selo se se maswe se gore ka bonako jo bo ka kgonagalang, ba dire gore go nne le melawana kwa diporofenseng tseo. Fa ba sa dire jalo ka di 31 Phukwi, jaaka Modulasetulo a buile, re tla dira ka borona gore molao o o nna teng.
Bangwe ba lona, bogolo ba ba dutseng ka fa, gore kwa KwaZulu-Natal gone go na le sengwe se bidiwa KwaZulu-Natal Act on the Code of Zulu Law. Selo seo se ne se bua ka melelwane, se bua ka molao wa setso, magadi, dingaka (boraitse) gore batho ba ba laola jang. Selo se molao o o neng o se dira, ke gore mo gare ga naga ya Aforika Borwa go nne le dinaganyana.
Rona re le mokgatlho wa ANC, ga re dumelele dilo tseo. Selo sa botlhokwa thata mo nageng ya rona e batho ba rona ba e lwanetseng mo tlase ga boetapele jwa ANC e ne ele gore go nne le naga e e kopaneng, e e sa kgethololeng batho go ya ka mmala kgotsa ka bong. Re batla naga e ntle, e e monate, e mongwe le mongwe a ka reng Aforika Borwa ke naga e re ka yang kwa go yona. Ke se re se lwetseng e bile ke se re tla tswelelang pele go se lwela.
Go swabisa thata gore bangwe ba rona ba ba neng ba dira melao e, jaaka rre Delport, ba batla go bolelela ANC gompieno gore fa e dira diphetogo (transformation) e di dire jang. Ke madimabe gore re le ANC, Democratic Party kgotsa DA, ka moo o ka e bitsang, le ba ba neng ba dira molao o, ba se laole lenanetema la ANC. (Translation of Setswana paragraphs follows.)
[Mr P D N MALOYI: Chairperson, we are gathered here today as members of Parliament of South Africa to bury the remains of racism. We have come to bury them because they are still troubling us. We want to clear them out of our way. This so-called Act, which was used to rule blacks for about 78 years, was formulated by men like Mr Delport. The main aim was to tell us blacks what to do, how to live, when to get up, whom we were supposed to marry and whom we must not marry, and so on.
In 1910, when they established the Union of South Africa, they did not amend this Act, they simply continued with it. They continued with this Act up until 1927, still trying to control the blacks. In 1927, as the Chairperson and the Minister have already said, the Boers were saying that it was imperative that they combine the smaller acts of the four provinces, after which they could control these black people.
There was this thing called Governor General but I don’t know the right terminology in Setswana. This man of apartheid was called a leader of the Natives. He was the only person to decide what was to be done, when and where, because blacks were excluded. This man ruled them. He was the only person to make decisions about our lives.
It also affected our traditional leaders. Most of the members of the ANC, and those who fought for the freedom we experience today, will remember that when traditional leaders in Sotuh Africa were under whites oppression, they would sometimes say: no enough is enough, this is very painful. We will stand our feet to helping our people to fight the apartheid government.
The Boers told themselves: It seems as if the black people will become clever. It is necessary that we, as the Boers, must be the ones who are telling them what to do now. This little chief called Moroka seems as if he is troublesome. Together with this man who is the Governor-General we will remove him and then replace him with our chief. And that one too, if he is troublesome, we will remove him and replace him too.
Those are the things that were done at that time. This is an act of oppression. Then our people were called names. I’m even afraid to say those names, but I will say them because I don’t even know them in Setswana. Some were called bastards or Hottentots. They were using these ugly names to call a black person.
Today, after 50 years of the Freedom Charter, we are coming to bury that thing. We must bury it and cut its tail off, and make a nice braai with that tail and finish it. [Laughter.]
This man who was called Governor-General, as I have already said, had made himself into a god who was supposed to be listened to. Everything was supposed to be heard from that so-called god. In 1994, after we had taken over the government, our President took some sections of the Act and handed them over to different Ministers of the provinces so that we could eradicate all those things. Those provinces must implement the legislation that will rectify those things.
As we are sitting here, we remember that we passed the Traditional Leadership and Governance Framework Bill. This Bill says that it is imperative that there must be Acts in the provinces so that some other things may be rectified. We appeal to the provinces and other departments to help prevent this ugly thing as soon as possible, and make this legislation to apply in the provinces. If they don’t do this by 31 June 2006, as the Chairperson has already said, we will draft legislation ourselves and implement it.
Some of you, especially the ones who are sitting here, will recall that in KwaZulu-Natal there was something called the KwaZulu-Natal Act on the Code of Zulu Law. That legislation spoke about boundaries, about the acts of culture, lobola, traditional healers and how they have to rule. What this legislation was implying was that in South Africa there must be some Bantustans.
We as the ANC party don’t believe in those things. The important thing in the country, which our people fought for under the leadership of the ANC, is that there must be one united country which doesn’t discriminate in terms of culture or gender. We want a nice and beautiful country of which every person can say that South Africa is the country that we can go to. That’s what we fought for and will continue to fight for.
It is a disgrace that some of us who were implementing these Acts, like Mr Delport, now want to tell the ANC, when we are practising transformation, how we are supposed to do it. It is unfortunate that the ANC, the Democratic Party or DA, whichever way you would address them, and the ones who were implementing this Act, must not control the programme of the ANC.]
They can’t do that. The ANC will determine this agenda.
Go tlhabisa ditlhong thata gore rre Delport a batle go lekalekanya phetogo le tlhaolele. Go swabisa thata. A dutse mo Palamenteng ya batho ba rona, a ba a bua dipuo tse di tshwanang le tse. Ka gongwe a ka bo a ntse kwa Old Assembly kwa go neng go dirwa melao e gone, e seng kafa.
Go swabisa thata, mme ke itumelela gore batho ba rona ba tla bona gore selo se se bitswang Democratic Alliance se, fa se ntse se bua thata ga se batle go direla batho ba bantsho sepe. Ke ka moo, batho ba rona ba tla itseng gore le gompieno bao ba ba tshwanang le rona ka mmala, ba tswile mo selong se, se se bitswang Democratic Alliance, ba tla mo ANC gonne ba lemogile gore selo se se ka se thuse motho yo montsho ka sepe. Ke a leboga. [Legofi.] (Translation of Setswana paragraphs follows.)
[It is a disgrace that Mr Delport compares racism and transformation. It is a very big disgrace. Why is he sitting in the Parliament of our people, saying things like this? Because he is supposed to be sitting in the Old Assembly, where this legislation was implemented, and not in this House.
It is a very big disgrace, but I’m very happy that our people realise that this thing called the DA does not want to do anything for blacks. That’s how today our people know that the people who look like us in colour, must get out of this ugly thing that is called the Democratic Alliance and come to the ANC because they have realised that this thing won’t benefit a black person with anything. Thank you. [Applause.]]
Mr S N SWART: Chairperson, hon Minister, the incremental repeal of the Black Administration Act is a historic event as many other speakers have mentioned to. Many of the provisions being repealed are reminiscent of past divisions and racial discrimination. However, it is ironic that whilst we celebrate our 11th year of freedom, vulnerable members of our society, women and children, have until now suffered the effects of discriminatory legislation contained in customary law, which is now being addressed in this piece of legislation.
As we know, countless women and children are evicted from homes in which they have lived, where bereaved families have been left destitute as well after their male heir did not meet his obligations to the wife of the deceased in terms of customary law, and this Bill will seek to address this issue although we will only be looking at that in June 2006.
It is a relief to witness the eradication of the last vestiges of apartheid and yet, as one tries to reconcile customary law with constitutional law, one does run the risk of treading upon sensitive ground and therefore there is this incremental approach to make sure that vested rights are protected. On this basis, and its being a last vestige of apartheid, the ACDP supports and welcomes the provisions contained in this Bill. Thank you. [Applause.]
Mr N T GODI: Chairperson, comrades and hon members, the PAC joins the House in the celebration of the repeal of one of the obnoxious Acts of the past oppressive dispensation. Its repeal represents our continuous deconstruction of the past and reconstruction of the new.
We are repealing an Act that demonstrated powerfully and with absolute clarity the paternalism of white domination towards Africans. This Act was one of the key cogs in a battery of legislation that contributed to the systematic marginalisation and pauperisation of our people.
This Act, coming after the Native Land Act of 1913, was a decisive nail in the coffin of African subjugation. The Act regulated the lives of Africans almost in totality, for example, the Act had total disregard for the traditions and practices of Africans in their governance models, as the state could appoint, remove or demote any chief or headman. This led to the removal of patriotic chiefs and the appointment to chieftaincy of puppets and active collaborators. This led to disputes that are still with us today, all over the country, around the question of chieftaincy. Secondly, African women, in line with the feudal practices of African societies then, were treated as perpetual minors.
The repeal of this Act must wipe out of our collective political sight this remnant of the past; this reminder of our years of subjugation, domination and dehumanisation. The Act or, precisely, the undesirable parts thereof that we are repealing, joins the many that have been consigned to the irretrievable dustbin of history.
Indeed, as we construct the new, we have to deconstruct the past and the PAC is proud of being part of this process as it has steadfastly done in the past. We are, however, aware that the Act has become so intricate, almost octopus-like, that it cannot be repealed all at once; that there are certain provisions of the Act that still need to be used in the interim. This, the PAC understands and supports.
Like chairman Mao Ze Dong said, the foolish man who removed the mountain, we will continuously chip away at the Act until it is completely obliterated. The forward march of transformation and of the progressive forces is irreversible. The PAC supports the Bill. [Applause.]
Mr G B MAGWANISHE: Chairperson, hon members, today we are celebrating the triumph of the human spirit over evil. It is a day of pride to us as great grandchildren of the warrior men and women that Hintsa and Sekhukhune led; the patriots that Cetshwayo and Mphephu took to battle; the soldiers that Moshoeshoe and Ngungunyane taught never to dishonour the cause of freedom; the young people who went to faraway lands singing . . .
Sizobashiya abazali ekhaya Siyavuma, siyahamba Siyongena kwamanye amazwe Lapho kungazi khona ubaba nomama Silandela inkululeko
. . . and the workers whose sweat created the wealth that some of us are enjoying today. So, it is no coincidence that as we celebrated the 50th anniversary of the Freedom Charter this year, we also started a process, which marked the beginning of the end of the principal mechanisms that regulated the lives of African people under apartheid.
The demand of the Freedom Charter has always been the restoration of people’s dignity. The fact that today we are repealing this Act, which referred to a section of our people as bastards, really represents the triumph of the human spirit over evil. It is clear that the Black Administration Act was meant to subjugate and humiliate the African people. Therefore it cannot be consistent with either the values of the democratic state or the Constitution of our country.
For us to appreciate the importance of this day, it is important to have a brief history of this Act and of our country. With the formation of the Union of South Africa in 1910 the South African party came to power. The key challenge for the new government was to define a single land and labour dispensation for South Africa. This challenge was resolved through the Land Act of 1913.
The key provision of that Act was the creation of a number of African reserves for the settlement of black South Africans, which would have served as a pool for migrant labour for white-owned farms and urban-based industries.
Solomon Plaatje had this to say about the legislation: “Awaking on Friday morning, on 20 June 1913, the South African Native found himself, not actually a slave, but a pariah in the land of his birth.”
The forerunner to the 1913 Land Act was the Glen Grey Act, introduced in 1894 to do away with communal land rights. By introducing limited individual tenure it was hoped that Africans could be forced to become less independent in relation to their participation in the colonial cash economy. The result was that thousands of poorer African peasants were forced off the land.
In addition to pushing Africans off the land, much was done to undermine the chieftain system of traditional African society as these tribal authorities acted as an independent political pole, which resisted these changes.
There was a great deal of opposition from white farmers to the 1913 Land Act. Rather than having African tenants removed to the reserves farmers wanted tenants evicted and redistributed as farm labourers. The result was that the state did not enforce that Act. Many farmers took advantage of the provisions and ignored the moratorium on evictions in an effort to gain control over African labourers.
The 1913 Land Act therefore did not in itself eliminate production in South Africa. Rather, the Act was an important point in a long historical process that already weakened the African peasants. The needs of white farmers were addressed through a range of cohesive measures to enable greater control over Africa tenants on white-owned farms.
Farm labour contracts were brought into the 19th century masters and servants’ legislation. Taxation policies for African tenants on white-owned land were tightened. White farmers were increasingly able to use foreign labour and apprentice homeless children. Hence there was a need for the introduction of this Act of 1927 – the Native Administration Act - which later became the Black Administration Act. It then extended to labour controls and rural areas, introducing pass laws to control the movement of rural Africans.
This Act also provided for forced removals, providing the basis upon which forced removals of the apartheid era were to take place. This Act consolidated various pieces of regulations and previous laws which regulated African people, into one complicated piece of legislation.
Comrade Cyril Ramaphosa had this to say about this Act: This is one of the last remaining legislative pieces in a system, which brought misery and suffering to millions of South Africans during the course of South African colonial and apartheid history.
But this is a moment also to lament the wasted decades of colonial rule and apartheid. Lives were ruined, human potential was brutally crushed, and a nation’s prosperity was held ransom to the fears of the prejudiced few.
Sitting here in a democratic South Africa it is easy to forget the hatred and bitterness that laws such as the Black Administration Act generated. Remembering such gross violations of human rights and dignity - the forms they took and the results they produced - serves to inhibit the regrettable human tendency to allow history to repeat itself. Memory should act as a brake on the committing of future misdeeds.
As important as it may be to rid the Statute Book of all legislation that violates the values set out in our new Constitution, it is equally important to pursue policies and programmes which are going to eradicate the profoundly damaging effects of these laws. In truth, the Black Administration Act of 1927 will be history only once we have managed to restore to our people the rights, resources and opportunities that it stripped away.
The effects of these laws will remain with us as long as there is severe rural poverty and underdevelopment; as long as there are South Africans without access to clean water or adequate housing; and as long as there are children forced to learn under trees, or without books.
The issue of land has always featured on the liberation agenda in South Africa. The Freedom Charter demanded that the land should be shared amongst those who work it, and it reflected many of the concerns of the rural poor. This sentiment was also reflected at the ANC national conference in 1991, where the ANC adopted the land reform policy guidelines, which envisaged a central role for the state in the acquisition and allocation of land. The Freedom Charter and our Constitution guarantee freedom, which was denied to the majority of South Africans by the Black Administration Act and other oppressive laws - freedoms, like freedom of association, equality and other freedoms.
It will be important for all South Africans to join hands with the government in uplifting the standards of poor South Africans. The poor will never tolerate the perpetuation of poverty and the rich cannot defeat the anger of the poor masses.
Therefore the redistribution of wealth is not an act of charity but an act of necessity for us to enjoy this freedom on a continuous basis. There can be no genuine freedom in a sea of poverty, because poverty cannot live in peace with poverty.
On behalf of the ANC I support this Bill. [Applause.]
The MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Let me begin by thanking all those who participated in the debate. I think it was a very good debate. I just want to be anecdotal for purposes of emphasising what I think is an important follow-up that we have to undertake, and that was when I spoke to many people including my colleagues in Cabinet that I was introducing in Cabinet then, presenting the proposed repeal.
They were shocked, they said, “you mean after so many years you are only doing it now, we were not aware, we thought you have already done it”. I picked up even from comments generally in our society that people were surprised that this was happening so many years down the line, in our new dispensation.
What it then means is that working together, ourselves in the executive and Parliament, all the relevant committees must really make sure that we have a complete repeal of the Act, and that we meet the targets that have been set by the portfolio committee.
But I do want to respond to the hon Delport. I do agree with the comrades who pointed out that it is unacceptable to compare transformation and the apartheid dispensation. It is so incongruous and it is offensive to an extent. But I do think there is a point that the hon member is raising, and that in the new dispensation we indeed should not have communities that feel insecure, that feel they do not belong. That perhaps it is a challenge not only of Parliament, of society, of all responsible people to make sure that we increase dialogue amongst ourselves, and we begin to understand concepts similarly.
It is correct; hon member Godi said we are deconstructing apartheid and we begun deconstructing apartheid when we sat down to talk, because we then signed a memorandum of agreement, the Groote Schuur Minute where we said this is the framework for negotiations, and the hon Delport was there. He should understand that surely, as one of the senior members of this House and also one of the senior persons in this country who have been in politics. I think it is an unacceptable paradigm, that of comparing that period.
But it is true also that we must create environments in which we are able to understand one another, that indeed in society a number of people do not understand what basic concepts such as transformation mean, and it just means transforming the bad to the good. I thank you. [Applause.]
Debate concluded.
Bill read a second time.
CONSIDERATION OF REPORTS OF PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT – DETERMINATION OF THE MAGISTRATES COMMISSION TO WITHHOLD THE REMUNERATION OF MR H W MOLDENHAUER, FORMER CHIEF MAGISTRATE, PRETORIA; PROVISIONAL SUSPENSION FROM OFFICE OF MR M S E KHUMALO, HEAD OF OFFICE AT THE AMSTERDAM MAGISTRATE’S COURT; PROVISIONAL SUSPENSION FROM
OFFICE OF MR M F MATHE, AN ADDITIONAL MAGISTRATE AT PINETOWN
Ms F I CHOHAN-KHOTA: Before I begin let me just apologise to Imam Gasant and Mr Mansura at the table. I know that you should be home breaking Fast with your family. I also want to thank Mr Mansura for the piece of chocolate. I have never broken Fast with chocolate before; it is actually a good experience. To come to the hon Mlangeni, we have just decided that we are going to speak until you are tired. So we will be here until tomorrow . . . lovely. I will try to paraphrase and be as brief as possible.
These are reports pertaining to magistrates and matters that have been referred to the portfolio committee. The first one relates to the matter of Mr H W Moldenhauer. The Portfolio Committee on Justice and Constitutional Development considered the report on the determination by the Magistrates Commission to withhold Mr Moldenhauer’s remuneration tabled by the Minister for Justice and Constitutional Development, in terms of section 13 (4A)(b) of the Magistrates Act of 1993, and reports as follows:
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. Section 13(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 powers 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. The portfolio committee further noted that the Magistrates Commission on 3 March 2003 determined to withhold Mr Moldenhauer’s remuneration in terms of 13 (4) (a) 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), ie provisional suspension affected 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 Mr Moldenhauer’s remuneration in terms of section 13(4)(a) of the Act. Alternatively, if it is argued that the reference in section 13(4)(a) to section (3)(a) 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, Mr Moldenhauer should have also been entitled to the benefit of the provisions of sections 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 suspension, unless the Commission within that period commences its enquiry 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 was effected on 10 March 2003 and should have automatically lapsed after 60 days, ie June 2003. The enquiry in terms of 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 not have been under suspension at the time. In terms of section 13(4A)(c) of the Magistrates Act, Parliament must as soon as reasonably possible consider the report tabled by the Minister when passing the 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) 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. That deals with the first report.
The second report is the report of the committee, having considered the report on the provisional suspension from office of Magistrate M S E Khumalo tabled by the Minister for Justice and Constitutional Development, in terms of section 13(3)(b) of the Magistrates Act, and we report, as follows:
The committee noted from the report that the Minister provisionally suspended Mr Khumalo from office on 22 August 2005. The report of the Minister, which indicates reasons for the provisional suspension, was tabled in Parliament on 23 August 2005 in compliance with section 13(3)(b) of the Magistrates Act of 1993. The portfolio committee invited Mr Khumalo on 30 August 2005 to submit written representations to the committee regarding the recommendation made by the Magistrates Commission.
The committee did not receive any response to the invitation by 13 September 2005. The portfolio committee noted that Mr Khumalo was charged with stealing moneys belonging to a deceased estate in the amount of R240 951,96 during the period 31 July 1999 to 3 April 2001. In terms of section 13(3)(c) of the Magistrates Act, Parliament must as soon as reasonably possible pass a resolution as to whether or not the provisional suspension of the magistrate is confirmed.
The portfolio committee considers the allegation to be of such a serious nature as to make it inappropriate for Mr Khumalo to perform his functions as a magistrate while the enquiry referred to in section 13(3)(e) of the Act is being held, and therefore recommends that the NA resolves to confirm the provisional suspension of Mr Khumalo in terms of section 13(3)(c) of the Magistrates Act. The committee further recommends that a progress report in respect of the enquiry of the Magistrates Commission be tabled in accordance with the provisions of section 13(3)(f) of the Magistrates Act, and the first report must be tabled in Parliament by 13 January 2006.
Lastly, the report of the committee on the provisional suspension from office of Mr M F Mathe, an additional magistrate in Pinetown. Having considered this report tabled by the Minister, the portfolio committee noted from the report that the Minister provisionally suspended Mr Mathe from office on 22 August 2005, and that the Minister’s report was tabled on 23 August 2005 in compliance with the Magistrates Act. The portfolio committee invited Mr Mathe on 30 August 2005 to submit written representations to the committee, and did not receive any representations by 14 September 2005.
The portfolio committee noted that Mr Mathe was charged with stealing moneys belonging to a deceased estate in the amount of R16 200,00 during the period December 2002 to January 2003. In terms of section 13(3)(c) of the Magistrates Act of 1993, Parliament must as soon as reasonably possible pass a resolution as to whether or not the provisional suspension of the magistrate is confirmed.
The portfolio committee considers the allegation to be of such a serious nature as to make it inappropriate for Mr Mathe to perform his functions as a magistrate while the enquiry referred to in the Act is held, and therefore recommends that the NA resolve to confirm the provisional suspension of Mr Mathe in terms of section 13(3)(c) of the Magistrates Act.
The committee further recommends that a progress report in respect of the enquiry of the Magistrates Commission be tabled in accordance with the provisions of section 13(3)(f) of the Magistrates Act, and that the report be tabled in Parliament by no later than 13 January 2006. Thank you, members, for your attention. [Applause.]
There was no debate.
Question put: That the recommendations of the committee be adopted and the determination of the Magistrates Commission to withhold Mr Moldenhauer’s remuneration be set aside.
Agreed to.
Recommendations of the committee adopted and determination of the Magistrates Commission to withhold Mr Moldenhauer’s remuneration accordingly set aside.
Question put: That the recommendations of the committee be adopted and the provisional suspension of Magistrate M S E Khumalo be confirmed by the House.
Agreed to.
Recommendations of the committee adopted and provisional suspension of Magistrate M S E Khumalo accordingly confirmed by the House.
Question put: That the recommendations of the committee be adopted and the provisional suspension of Magistrate M F Mathe be confirmed by the House.
Agreed to.
Recommendations of the committee adopted and suspension of Magistrate M F Mathe accordingly confirmed by the House.
The House adjourned at 19:23. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 16 SEPTEMBER 2005
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Education
a) Report and Financial Statements of Vote 15 – Department of Education
for 2004-2005, including the Report of the Auditor-General on the
Financial Statements of Vote 15 for 2004-2005 [RP 162-2005].
- The Minister for Justice and Constitutional Development
(a) Report on the provisional suspension from office with
remuneration: Mr I W O Morake, a magistrate at the Lichtenburg
Magistrates Court.
-
The Minister of Environmental Affairs and Tourism
a) Report and Financial Statements of South African National Parks (SANparks) for 2004- 2005, including the Report of the Auditor-General on the Financial Statements for 2004- 2005.
MONDAY, 19 SEPTEMBER 2005
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
-
Classification of Bills by Joint Tagging Mechanism: (1) The Joint Tagging Mechanism (JTM) on 15 September 2005 in terms of Joint Rule 160(3), classified the following Bills as section 75 Bills:
(i) Special Pensions Amendment Bill [B 28 – 2005] (National Assembly – sec 75) (ii) Precious Metals Bill [B 30 – 2005] (National Assembly – sec 75)
National Assembly
The Speaker
- Membership of the Assembly
1. The vacancy which occurred owing to Mr P S Molefe vacating his seat
in the National Assembly with effect from 8 March 2005, had been
filled with effect from 2 September 2005, by the nomination of Ms M
L Matsemela.
2. The vacancy which occurred owing to Mr P J G Zuma vacating his seat
in the National Assembly with effect from 15 June 2005, had been
filled with effect from 2 September 2005, by the nomination of Mr G
Lekgetho.
3. The vacancy which occurred owing to Ms P N Mnandi vacating her seat
in the National Assembly with effect from 1 August 2005, had been
filled with effect from 2 September 2005, by the nomination of Ms S
L Dithebe.
4. The vacancy which occurred owing to Ms H M Mpaka vacating her seat
in the National Assembly with effect from 1 August 2005, had been
filled with effect from 2 September 2005, by the nomination of Ms M
J J Matsomela.
5. The vacancy which occurred owing to Ms R R Joemat vacating her seat
in the National Assembly with effect from 1 August 2005, had been
filled with effect from 2 September 2005, by the nomination of Mr A
F Madella.
6. The vacancy which occurred owing to Ms M N Magazi vacating her seat
in the National Assembly with effect from 1 August 2005, had been
filled with effect from 2 September 2005, by the nomination of Ms W
Ngwenya.
7. The vacancy which occurred owing to Ms N R Ntshulana-Bhengu
vacating her seat in the National Assembly with effect from 1
August 2005, had been filled with effect from 2 September 2005, by
the nomination of Mr M A Cele.
8. The vacancy which occurred owing to Mr E M Dipico vacating his seat
in the National Assembly with effect from 1 August 2005, had been
filled with effect from 2 September 2005, by the nomination of Mr T
J Bonhomme.
TABLINGS
National Assembly and National Council of Provinces
-
The Minister for Public Service and Administration (a) Report and Financial Statements of the State Information Technology Agency (Proprietary) Limited (SITA) for 2004-2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005 [RP 39-2005].
-
The Minister for Agriculture and Land Affairs
a) Report and Financial Statements of Ingonyama Trust Board for 2004-
2005, including the Report of the Auditor-General on the Financial
Statements for 2004-2005 [RP 134-2005].
TUESDAY, 20 SEPTEMBER 2005
ANNOUNCEMENTS
National Assembly
The Speaker
- Membership of Assembly
1. Termination of membership of the following members of the
National Assembly has been withdrawn:
Diko, M; Mdaka, N M.
2. A vacancy has occurred owing to Ms B T Ngcobo, in terms of
section 47(1) of the Constitution of the Republic of South Africa,
1996 (Act No 108 of 1996), not being eligible to become a member of
the National Assembly on the date of her designation by the
Electoral Commission on 18 April 2004.
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Arts and Culture
a) Report and Financial Statements of the William Humphreys Art Gallery
for 2004-2005, including the Report of the Auditor-General on the
Financial Statements for 2004-2005 [RP 162-2005].
WEDNESDAY, 21 SEPTEMBER 2005
ANNOUNCEMENTS
National Assembly
- Referrals to committees of papers tabled
1. The following papers are referred to the Portfolio Committee on
Justice and Constitutional Development for consideration and report:
a) Report on the provisional suspension from office with
remuneration: Mr I W O Morake, a magistrate at the Lichtenburg
Magistrates Court.
b) Report on the Review of the Organisation and Post Establishment
of the Office of the Public Protector, August 2003, tabled in
terms of section 3(11)(a) of the Public Protector Act, 1994 (Act
No 23 of 1994).
2. The following paper is referred to the Portfolio Committee on
Public Works for consideration and report. The Report of the
Auditor-General on the Financial Statements is referred to the
Standing Committee on Public Accounts for consideration:
a) Report and Financial Statements of the Independent Development
Trust for 2004-2005, including the Report of the Auditor-General
on the financial statements for 2004-2005 [RP 129-2005].
3. The following paper is referred to the Portfolio Committee on
Arts, Culture, Science and Technology for consideration and report.
The Report of the Auditor-General on the Financial Statements is
referred to the Standing Committee on Public Accounts for
consideration:
a) Report and Financial Statements of the South African Council for
Natural Scientific Professions for 2004-2005, including the
Report of the Auditor-General on the financial statements for
2004-2005.
4. The following paper is referred to the Portfolio Committee on
Trade and Industry for consideration and report. The Report of the
Auditor-General on the Financial Statements is referred to the
Standing Committee on Public Accounts for consideration:
a) Report and Financial Statements of International Trade
Administration Commission for 2004-2005, including the Report of
the Auditor-General on the financial statements for 2004-2005
[RP 80 – 2005].
5. The following paper is referred to the Portfolio Committee on
Finance for consideration and report. The Report of the Auditor-
General on the Financial Statements is referred to the Standing
Committee on Public Accounts for consideration:
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].
6. The following paper is referred to the Portfolio Committee on
Education for consideration and report. The Report of the Auditor-
General on the Financial Statements is referred to the Standing
Committee on Public Accounts for consideration:
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].
7. The following paper is referred to the Portfolio Committee on
Environmental Affairs and Tourism for consideration and report:
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).
8. The following paper is referred to the Portfolio Committee on
Public Enterprises for consideration and report. The Report of the
Independent Auditors on the Financial Statements is referred to the
Standing Committee on Public Accounts for consideration:
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.
9. The following papers are referred to the Portfolio Committee on
Transport for consideration and report. The Reports of the Auditor-
General on the Financial Statements are referred to the Standing
Committee on Public Accounts for consideration:
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
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Transport
(a) Report and Financial Statements of the Road Traffic Management
Corporation (RTMC) for 2002-2003, including the Report of the
Auditor-General on the Financial Statements for 2002-2003 [RP 26-
2004].
(b) Report and Financial Statements of the Railway Safety Regulator
(RSR) for 2003-2004, including the Report of the Auditor-General on
the Financial Statements for 2003-2004 [RP 81-2005].
- The Minister for Safety and Security
a) Report and Financial Statements of Vote 25 – Department for Safety
and Security for 2004-2005, including the Report of the Auditor-
General on the Financial Statements for 2004-2005 [RP 187-2005].
- The Minister in The Presidency
a) Report and Financial Statements of Vote 7 – Government Communication
and Information System (GCIS) for 2004-2005, including the Report of
the Auditor-General on the Financial Statements for 2004-2005 [RP
172-2005].
THURSDAY, 22 SEPTEMBER 2005
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
-
Draft bills submitted in terms of Joint Rule 159
(1) Independent Communications Authority of South Africa Amendment Bill, 2005, submitted by the Minister of Communications on 22 September 2005. Referred to the Portfolio Committee on Communications and the Select Committee on Labour and Public Enterprises.
-
Introduction of Bills
(1) The Minister of Communications
i) Independent Communications Authority of South Africa Amendment
Bill [B 32 – 2005] (National Assembly – sec 75) [Bill and prior
notice of its introduction published in Government Gazette No
28050 of 20 September 2005.]
Introduction and referral to the Portfolio Committee on
Communications of the National Assembly, as well as referral to
the Joint Tagging Mechanism (JTM) for classification in terms of
Joint Rule 160, on 23 September 2005.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
- Translations of Bills
(1) The Minister of Defence
i) Wysigingswetsontwerp op die Krygstuigkorporasie van Suid-
Afrika, Beperk [W 14 – 2005] (National Assembly – sec 75)
This is the official translation into Afrikaans of the Armaments
Corporation of South Africa, Limited Amendment Bill [B 14 –
2005] (National Assembly– sec 75).
ii) Wysigingswetsontwerp op die Spesiale Verdedigingsrekening [W
15 – 2005] (National Assembly – sec 75)
This is the official translation into Afrikaans of the
Defence Special Account Amendment Bill [B 15 – 2005]
(National Assembly – sec 75).
(2) The Minister for Justice and Constitutional Development
i) Wysigingswetsontwerp op Grondwetlike Aangeleenthede [W 22 –
2005] (National Assmebly – sec 75)
This is the official translation into Afrikaans of the Constitutional
Matters Amendment Bill [B 22 – 2005] (National Assembly – sec
75).
National Assembly
The Speaker
- Membership of the Assembly
1. The following member has been nominated as a Member of the
National Assembly with effect from 15 September 2005:
Ngcobo, B T
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Transport
(a) Report and Financial Statements of the Road Traffic
Management Corporation (RTMC) for 2002-2003, including the Report
of the Auditor-General on the Financial Statements for 2002-2003
[RP 26-2004].
(b) Report and Financial Statements of the Railway Safety
Regulator (RSR) for 2003-2004, including the Report of the Auditor-
General on the Financial Statements for 2003-2004 [RP 81-2005].
- The Minister of Safety and Security
(a) Report and Financial Statements of Vote 25 – Department for
Safety and Security for 2004-2005, including the Report of the
Auditor-General on the Financial Statements for 2004-2005 [RP 187-
2005].
- The Minister in The Presidency
(a) Report and Financial Statements of Vote 7 – Government
Communication and Information System (GCIS) for 2004-2005,
including the Report of the Auditor-General on the Financial
Statements for 2004-2005 [RP 172-2005].
- The Minister of Communications
(a) Report and Financial Statements of Sentech for 2004-2005,
including the Report of the Independent Auditors on the Financial
Statements for 2004-2005.
National Assembly
- The Speaker
(a) Letter from the Minister of Public Service and Administration
dated 16 September 2005 to the Speaker of the National Assembly, in
terms of section 65(2)(a) of the Public Finance Management Act,
1999 (Act No 1 of 1999), explaining the delay in the tabling of the
Annual Report of South African Management Development Institute
(SAMDI) for 2004-2005:
LATE SUBMISSION OF SAMDI ANNUAL REPORT FOR 2004/05
I write to furnish reasons in terms of Section 65(2)(a) of the
Public Finance Managament Act for the delay in the tabling of the
South African Management Development Institute’s (SAMDI) Annual
Report in the National Assembly. As per Section 65(1) of the Public
Finance Management Act, all Executive Authorities are required to
table their Annual Report by 30th September.
SAMDI met the requirement to submit their Annual Financial
Statements to the Office of the Auditor-General by 31st May 2005.
However, as they report on a Vote in terms of Generally Recognised
Accounting Practice (GRAP), as well as a Trading Entity in terms of
Generally Accepted Accounting Practice (GAAP), the audit process
has been aggravated by ongoing changes in the accounting standards,
which SAMDI is expected to implement.
SAMDI has co-operated fully with the Office of the Auditor-General
(OAG) in responding to queries raised in relation to their
compliance and financial reporting. However, due to the
implementation of new GAAP standards which were brought in at the
beginning of the financial year under audit (2004/05), SAMDI has
had to make substantial revisions to its financial statements. The
OAG is currently reviewing these revisions, and has indicated that
they will only make the final audit report available to us on the
19th September 2005.
This makes it possible for SAMDI to finalise and print their Annual
Report in time to make the deadline of end-September. They will,
however, be able to submit the Annual Report by Friday the 14th
October 2005.
I trust that you will give this matter your urgent attention and
thank you in advance for your co-operation.
Kind regards,
G J Fraser-Moleketi
Minister for the Public Service and Administration
FRIDAY, 23 SEPTEMBER 2005
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Public Works
(a) Reply from Minister of Public Works to recommendation in Eighth
Report of Standing Committee on Public Accounts, 2005, as adopted
by the House on 7 June 2005.
(b) Reply from Minister of Public Works to recommendation in
Sixth Report of Standing Committee on Public Accounts, 2005, as
adopted by the House on 7 June 2005.
Referred to the Standing Committee on Public Accounts.
- The Minister of Arts and Culture
a) Reply from Minister of Trade and Industry to recommendation in
Fourth Report of Standing Committee on Public Accounts, 2005, as
adopted by the House on 7 June 2005.
Referred to the Standing Committee on Public Accounts.
(b) Report and Financial Statements of the South African Library for
the Blind for 2004-2005, including the Report of the Auditor-
General on the Financial Statements for 2004-2005
MONDAY, 26 SEPTEMBER 2005
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Classification of Bills by Joint Tagging Mechanism:
(1) The Joint Tagging Mechanism (JTM) on 23 September 2005 in terms
of Joint Rule 160(6), classified the following Bill as a section 75
Bill:
i) Nursing Bill [B26-2005] (National Assembly-sec 75)
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Foreign Affairs
(a) Report and Financial Statements of Vote 3-Department of Foreign
Affairs for 2004-2005, including the Report of the Auditor-
General on the Financial Statement of Vote 3 for 2004-2005. 2. The Minister of Safety and Security
a) Report and Financial Statements of Vote 23 – Independent Complaints
Directorate (ICD) for 2004-2005, including the Report of the
Auditor-General on the Financial Statements of Vote 23 for 2004-
2005 [RP 771-2005].
- The Minister of Public Works
a) Report and Financial Statements of the Construction Industry
Development Board (CIDB) for 2004-2005, including the Report of the
Auditor-General on the Financial Statements for 2004-2005 [RP 206-
2005].
- The Minister for Agriculture and Land Affairs a) Report and Financial Statements of the National Agricultural Marketing Council for 2004-2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005 [RP 1- 2005].
b) Report and Financial Statements of the Land and Agricultural
Development Bank of South Africa (Land Bank) for 2004-2005,
including the Report of the Auditor-General on the Financial
Statements for 2004-2005 [RP 164-2005]
c) Report and Financial Statements of Onderstepoort Biological
Products Limited for 2004-2005, including the Report of the
Independent Auditors on the Financial Statements for 2004-2005.
- The Minister of Housing
a) Report and Financial Statements of Thubelisha Homes for 2004-2005,
including the Report of the Independent Auditors on the Financial
Statements for 2004-2005.
b) Report and Financial Statements of the Social Housing Foundation
for 2004-2005, including the Report of the Independent Auditors on
the Financial Statements for 2004-2005.
c) Report and Financial Statements of the People’s Housing Partnership
Trust (PHPT) for 2004-2005, including the Report of the Independent
Auditors on the Financial Statements for 2004-2005.
d) Report and Financial Statements of the Rural Housing Loan Fund
(RHLF) for 2004-2005, including the Report of the Independent
Auditors on the Financial Statements for 2004-2005.
TUESDAY, 27 SEPTEMBER 2005
ANNOUNCEMENTS
National Assembly
The Speaker
- Appointment of Whips
1. The following members had been appointed as whips in the
National Assembly with effect from 2 September 2005:
Mrs X C Makasi (ANC);
Dr A N Luthuli (ANC).
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Transport
(a) Report and Financial Statements of the Air Traffic and
Navigation Services Company Limited (ATNS) for 2004-2005,
including the Report of the Independent Auditors on the Financial
Statements for 2004-2005.
- The Minister of Public Works
a) Report and Financial Statements of the Council for the Build
Environment (CBE) for 2004-2005, including the Report of the
Independent Auditors on the Financial Statements for 2004-2005 [RP
177-2005].
- The Minister of Science and Technology a) Report and Financial Statements of the National Research Foundation (NRF) Agricultural Marketing Council for 2004-2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005.
(b) Report and Financial Statements of GODISA for 2004-2005,
including the Report of the Independent Auditors on the
Financial Statements for 2004-2005.
(c) Report and Financial Statements of the Africa Institute of
South Africa for 2004-2005, including the Report of the Auditor-
General on the Financial Statements for 2004-2005.
(d) Report and Financial Statements of the Human Sciences Research
Council (HSRC) for 2004-2005, including the Report of the
Auditor-General on the Financial Statements for 2004-2005 [RP
140-2005].
- The Minister of Trade and Industry
(a) Report and Financial Statements of Ntsika Enterprise Promotion
Agency for the nine months ended 31 December 2004, including the
Report of the Auditor-General on the Financial Statements for
the nine months ended 31 December 2004.
(b) Report and Financial Statements of the Industrial Development
Corporation of South Africa Limited (IDC) for 2004-2005,
including the Report of the Independent Auditors on the
Financial Statements for 2004-2005.
(c) Report of the South African Council for the Non-Proliferation of
Weapons of Mass Destruction for the period 1 July 2003 to 30
June 2004.
- The Minister of Correctional Services
a) Draft Directives regarding Complainant Participation in
Correctional Supervision and Parole Boards, tabled in terms of
section 299A of the Criminal procedure Act, 1977 (Act No 51 of
1977) as amended.
National Assembly
-
The Speaker
The President of the Republic submitted the following letter dated 20 September 2005 to the Speaker of the National Assembly informing Members of the National Assembly of the employment of the South African National Defence Force in the Democratic Republic of Congo:
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE IN THE DEMOCRATIC REPUBLIC OF CONGO, FOR SERVICE IN FULFILLMENT OF THE INTERNATIONAL OBLIGATIONS OF THE REPUBLIC OF SOUTH AFRICA TOWARDS THE DEMOCRATIC REPUBLIC OF CONGO
This serves to inform the National Assembly that I authorised the
employment of the South African National Defence Force (SANDF) personnel
to the Democratic Republic of Congo (DRC), in accordance with the
Tripartite RSA/DRC/Kingdom of the Netherlands Agreement regarding
provision of support in the integration of armed forces of the DRC.
This employment was authorised in accordance with the provisions of
section 201(2)(a) of the Constitution of the Republic of South Africa,
1996 (Act No 108 of 1996), read with sections 52, 53 and 93 of the
Defence Act, 2002 (Act No 42 of 2002).
A total of (70) members will be employed from mid September 2005 for a
period of six months.
The total estimated cost to be borne by South Africa for the deployment
of personnel, from the current allocation for Peace Support Operations,
is R 28 626 692.
I will communicate this report to the National Council of Provinces and
to the chairperson of the Joint Standing Committee on Defence and wish
to request that you bring the contents hereof to the notice of the
National Assembly.
Regards
signed
PRESIDENT
COMMITTEE REPORTS
National Assembly and National Council of Provinces
-
Report of the Joint Monitoring Committee on Improvement of Quality of Life and Status of Women on Programme 5 on Policy Co- ordination, which is part of Budget Vote 1, “The Presidency”, dated 16 September 2005: The Joint Monitoring Committee on Improvement of Quality of Life and Status of Women, having considered Programme 5 on Policy Co- ordination which is part of Budget Vote 1 “The Presidency”, referred to it, reports that it has concluded its deliberations thereon.
-
Report of the Joint Monitoring Committee on Improvement of Quality of Life and Status of Women, on Hearings held with the National and Provincial Gender Machinery on 21 November 2003, dated 16 September 2005:
The Joint Monitoring Committee on Improvement of Quality of Life and
Status of Women, having held hearings with the national and provincial
gender machinery on 21 November 2003, reports as follows:
Table of Contents
EXECUTIVE SUMMARY
SECTION ONE: OVERVIEW
-
Introduction
-
National Policy Framework for Women’s Empowerment and Gender Equality
-
Report of the National OSW on the status of GFPs in National Departments
SECTION TWO: SUMMARIES OF REPORTS BY OSWs AND DEPARTMENTS -
Reports by the national and provincial OSWs
-
Reports by the Gender Focal Points in national departments SECTION THREE: ANALYSIS OF SUBMISSIONS
-
Office on the Status of Women
-
National Gender Focal Points
-
Provincial Departmental Gender Focal Points
SECTION FOUR: RECOMMENDATIONS - National Office on the Status of Women
- Provincial Office on the Status of Women
- National Gender Focal Points
- Provincial Departmental Gender Focal Points
- Recommendations to the JMCIQLSW
CONCLUSION
REFERENCES
Executive Summary
Introduction
The Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women (hereinafter the JMC) was, amongst other functions, established to monitor the State’s obligations to the Beijing Platform for Action, as well as to any other applicable international instruments, to which the country is a signatory. To give effect to its mandate, the JMC invited the national Office on the Status of Women (OSW), provincial OSWs and national Gender Focal Points (GFPs) to make presentations on the following:
OSWs: • Structure of the OSWs. • The status of GFPs in the provinces. • Provincial gender programmes and budgets. • Impact of the programmes and monitoring indicators.
GFPs: • An overview of the GFP in the Department, including lines of reporting. • The departmental gender programmes and related budgets.
Altogether the national OSW, 7 provincial OSWs[1] and 28 GFPS participated in the hearings, by way of either oral presentation and/or written submission.
Results and analysis
OSWs have been established in all provinces that reported at the hearings, with the exception of Gauteng. In Gauteng, the Social Development Directorate performs this function and a Gender/HIV programme is currently being established in the Directorate. The number of staff in the OSWs ranges from 1 to 12. Most of the Heads of the OSWs, with the exception of Mpumalanga, are appointed at deputy director level and not in the position of director as is recommended by South Africa’s National Policy Framework for Women’s Empowerment and Gender Equality (hereinafter Gender Policy).
Very little information is available on the budgets of the OSWs, but in some instances, OSWs reported budgetary constraints. The report indicates that provincial gender policies have been developed in Gauteng and draft policies in KwaZulu-Natal and the Western Cape. It is unclear whether the other provinces have developed gender policies. Gender action plans are in operation in Gauteng, and KwaZulu-Natal is in the process of developing one.
Only 3 provinces indicated that gender-mainstreaming policies have been developed. Information on programmes undertaken by OSWs is sketchy. Some of the programmes that are, however, underway in some OSWs include programmes focusing on capacity building, policy development and analysis, gender machinery and coordination and planning. Nationally, most of the Departments have established GFPs, with many reporting that GFPs are staffed with 1 person and some reporting that 3 or more persons staff them. In most cases, GFPs are not located in the Office of the Director-General and are instead located elsewhere in the Departments, with the Human Resources section being a popular site of location. In addition, most GFP coordinators are appointed at deputy director or even assistant director level. It is noted that some GFPs also have responsibilities other than gender. Furthermore, a number of Departments raised the lack of resources as one of the greatest impediments to the effective implementation of their work.
Less than half of the Departments reported that they are involved in policy development to promote gender equity. In addition, very few Departments have developed a gender policy that defines the organisational framework within which gender equity will be promoted. In addition, very few Departments indicated their role in embarking on a gender mainstreaming strategy in Departments. The implication of this is that Government policy for furthering gender equity is adversely affected as guiding policies and concrete gender mainstreaming strategies constitute the foundation upon which gender-related work should be framed.
With regard to programmes, many Departments focused on the internal projects and programmes that they are implementing, such as employment equity issues, recruitment and selection practices and internal policies. Many Departments make little or no mention of programmatic work done externally. Where external work is being done, this is largely centred around the commemoration of calendar events such as National Women’s Day and the 16 Days of Activism on No Violence Against Women. This is problematic, as a comprehensive programme of action needs to encompass far more than this.
Information pertaining to the status of provincial GFPs was insufficient and this limits the analysis with regard to provincial GFPs. Many Departments in the Eastern Cape and Western Cape have established GFPs, while the situation in the North West and Mpumalanga is of concern. Information on this matter is unclear for other provinces. The location of GFPs varies, with many being located in the Human Resources sections. In addition, the rank of GFP coordinators also varies, with most being appointed at assistant director level. The implication of this is that most co-ordinators are not equipped with the skills and commensurate level of experience as envisaged by the National Policy Framework for Women’s Empowerment and Gender Equality. While information pertaining to budgets was not available for GFPs in most provinces, 2 provincial OSWs reported that dedicated budgets are available in some Departments in those provinces. With regard to programmes undertaken by GFPs, most of the programmes reported on pertained to external work.
Recommendations
Some very specific recommendations, as well as some generic recommendations, are made to the different gender machineries. One of the most important recommendations to the JMC is the need for additional information from all parties that made submissions to the hearings. This will allow the JMC to fill the gaps and make a comprehensive assessment of the national and provincial gender machinery structures.
Another generic recommendation is for structures to be established and resourced in accordance with the national Gender Policy, so as to allow them to fulfill the functions assigned to them. There is a further need to establish the skills level of some of the persons appointed in the OSWs and GFPs and if necessary, to provide them with the necessary training that will enable them to fulfill their functions in their respective positions or operate at a more senior level.
Section One: Overview
- Introduction
The Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women (hereinafter the JMC) was initially established as an ad hoc committee but became a permanent committee in 1998. The JMC was, amongst other functions, established to monitor the State’s obligations to the Convention on the Elimination of Discrimination Against Women (CEDAW) and the Beijing Platform for Action, as well as to any other applicable international instruments, to which the country is a signatory. To give effect to this role, the JMC is required to monitor the work of Government Departments in meeting the objectives of gender equality and equity. Strategic objective H of the Beijing Platform for Action, which deals with institutional mechanisms for the advancement of women, has resonance for the JMC.
Strategic objective H of the Beijing Platform for Action notes that state parties are obliged to create or strengthen national machineries for the advancement of women. The gender machineries are thus tasked with supporting Government mainstreaming gender in all policies and programmes. Thus, the Beijing Platform for Action identifies the following as imperative for the effective functioning of national machineries[2]:
• Location in the highest level of Government. • Sufficient resources in terms of budget and professional capacity. • Opportunity to influence development of all government policies. • Institutional mechanisms or processes to facilitate decentralised planning, implementation and monitoring. This process should involve Non- Governmental Organsiations (NGOs) and Community Based Organisations (CBOs).
To give effect to its mandate, the JMC invited the national Office on the Status of Women (OSW), provincial OSWs and national Gender Focal Points (GFPs) to make presentations on the following:
OSWs: • Structure of the OSWs. • The status of GFPs in the provinces. • Provincial gender programmes and budgets. • Impact of the programmes and monitoring indicators.
GFPs: • An overview of the GFP in the Department, including lines of reporting. • The Departmental gender programmes and related budgets.
The questions posed by the JMC were very specific. The aims were to ascertain whether the gender machinery structures were in place and what the nature of their programmes and budgets were. GFPs varied in their responses to the JMC, with some of the GFPs providing substantial information, not only on their structures, but also on policies within Departments, activities around gender mainstreaming and challenges, etc.
In compiling this report, it was deemed essential to capture this additional information, even if it was only available for a few GFPs. Therefore, reporting the findings was broader than merely establishing whether GFPs are operational in Departments. The report includes an analysis of the information against the functions accorded to the GFPs and OSWs in the National Gender Policy.
Cognisance is taken of the limitations of following this method of reporting, but the importance of recording this information outweighs the limitations. This document could therefore be used as a baseline and further information could be elicited from Departments to ensure that a comprehensive report on all aspects of the Gender Machinery is compiled.
The OSWs and GFPs that participated by either making oral presentations and/or by providing written submissions are:
| OSWs | GFPs cont. |
| National OSW | Independent Complaints Directorate |
| Eastern Cape | Justice and Constitutional |
| Development | |
| Free State | Labour |
| KwaZulu-Natal | Land Affairs |
| Gauteng | Minerals and Energy Affairs |
| Mpumalanga | National Prosecuting Authority of |
| South Africa | |
| North West | National Treasury |
| Western Cape | National Intelligence Agency |
| (NIA)[3] | |
| GFPs | Public Enterprises[4] |
| Agriculture | Public Service and Administration |
| Arts and Culture | Public Service Commission |
| Correctional Services | Safety and Security – Secretariat |
| Defence | Science and Technology |
| Education | Social Development |
| Environmental Affairs and | South African Police Services |
| Tourism | |
| Foreign Affairs | South African Sports Commission |
| Health | Trade and Industry |
| Home Affairs | Water Affairs and Forestry |
| Housing |
This report presents the findings of the submissions (both written and oral) made on 21 November 2003 to the JMC. The report is divided into four sections comprising the following:
- Section One provides contextual information on the national gender policy framework and the national Gender Machinery.
- Section Two summarises the submissions made by the OSWs and the GFPs in Departments.
- Section Three is an analysis of the submissions made.
-
Section Four details recommendations for consideration.
- National Policy Framework for Women’s Empowerment and Gender Equality
In December 2000, Cabinet adopted South Africa’s National Policy Framework for Women’s Empowerment and Gender Equality (hereinafter the Gender Policy), prepared by the OSW in the Presidency. The policy framework outlines South Africa’s vision for gender equality and sets out how it intends realising its gender goals. It establishes guidelines for South Africa to remedy the historical legacy of racism and sexism by proposing and recommending an institutional framework that facilitates equal access to goods and services for both women and men. The Gender Policy also proposes a process that no longer regards gender issues and gender equality as peripheral, but which places gender issues at the very centre of the transformation process within all structures, institutions, procedures, practices and programmes of government, its agencies and parastatals, civil society and the private sector (South Africa’s National Policy Framework for Women’s Empowerment and Gender Equality, 2000).
2.1 Gender Machinery
In order to achieve national and international commitments to gender equality, a Gender Machinery was established. This Gender Machinery refers to a set of co-ordinated structures within and outside Government which aim to achieve equality for women in all spheres of life, that is political, civil, social, economic and cultural. These national machinery structures are located in the Executive, Parliament, and in civil society. An independent statutory body, the Commission for Gender Equality (CGE), has also been established to monitor the progress and achievements towards gender equality.
2.1.1 National Machinery
Executive level
• Office on the Status of Women – The OSW is located in the Office of the Presidency. It plays a vital role as the principal co-ordinating structure for the national machinery on gender equality. One of the main functions of the OSW is to develop national gender plans and national strategies to implement them. It includes, amongst its tasks, initiating policy and action-orientated research pertinent to gender mainstreaming; developing key indicators for measuring national progress towards gender equality; and working with ministries and Departments, provinces and publicly funded bodies in mainstreaming gender in policies, practices and programmes (Parliament of South Africa, 2002). • Gender Desks or Focal Points – These GFPs are based in Government Departments. The main task is to ensure the effective implementation of the National Gender Policy at an operational level. Focal points are responsible for the formulation and implementation of effective action plans to promote women’s empowerment and gender equality in the work of Government Departments.
Legislature
• The Women’s Parliamentary Caucus – This is a multi-party caucus whose functions include creating forums in which women in Parliament can discuss and debate gender issues and providing capacity-building initiatives for women in Parliament. • Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women. The functions of this Committee are to, among others, ensure that legislation before Parliament is gender sensitive and to encourage the public, and particularly women, to participate in the law making process.
Independent Statutory Bodies
A number of independent statutory bodies have been established that are involved in gender issues, including, the CGE, the Human Rights Commission, the Independent Electoral Commission, the Public Protector, the Public Service Commission, the Youth Commission, the Land Commission, and the South African Law Commission. The CGE is geared specifically towards the empowerment of women and gender equality. It forms an integral part of the Gender Machinery.
Women’s Organisations in Civil Society
Women’s organisations in civil society play an important role, as the national machinery of a country cannot on its own make effective contributions and shift public policy agendas for women. The national machinery has a responsibility to provide women’s organisations with education and training as well as information and resources.
2.1.2 Provincial Machinery
Different structures have been developed to fulfill the varying needs of the provinces. The Gender Policy, however, recommends that the general principles of the national model be followed. This will include the establishment of an OSW (in the Premiers’ Offices), gender units or focal points in all provincial Departments, a women’s caucus in provincial legislatures and support for the establishment of civil society structures. Furthermore, the provincial OSW is responsible for developing a provincial gender policy and action plan that is in line with the National Gender Policy and co-ordinating the activities of other role-players and stakeholders.
2.1.3 Local Government Machinery
Local Government is in the best position to impact directly and positively on women’s empowerment and gender equality. The South African Local Government Association (SALGA) has advocated the creation of gender structures, which would guide the work of local government councils.
2.2 Integrated Co-ordination Framework and Process for Gender
Mainstreaming
The Gender Policy outlines an integrated co-ordination framework and gender mainstreaming process that is intended to guide and mobilise ministries, provinces and local government towards integrated programme delivery. It is an integrated approach, as the cross-cutting nature of gender demands this. The objectives of the co-ordination framework include:
• Setting goals and objectives for the national gender programme.
• Establishing clear lines of communication and accountability.
• Developing a dynamic Management Information System that facilitates
informed implementation.
The co-ordination process is located in the Presidency (with the national OSW), which is accountable for the National Gender Programme. The OSW operates through the Gender Focal Points located in the national Departments. It also draws on the strategic input of the National Technical Committee. The Provincial OSWs, which are tasked with the development of a provincial gender policy and plan of action, in line with national policy, feeds into the co-ordination process as one of the implementing agencies[5].
The Minister and the Director-General in the Presidency have specific functions as the custodians and principal champions of the national gender programme. They also report directly to the President on gender issues. An example of the function of the Minister in the Presidency includes ensuring that gender is mainstreamed through Cabinet and Cabinet Committees. The Director-General, on the other hand, has as one of his or her responsibilities, facilitating gender mainstreaming among senior managers such as Director-Generals.
A National Co-ordinating Committee has also been established which, is regarded as government’s hub for the effective co-ordination of the National Gender Programme. This committee is chaired by the OSW and members of this committee cut across all national ministries, provinces, local government structures and organs of civil society. Some of the functions of this committee include providing guidance on gender analysis, developing a national gender action plan and designing, implementing and evaluating cross-cutting programmes such as poverty alleviation, with Ministers and Director-Generals.
In his 2003 State of the Nation address, President Mbeki indicated that further steps are underway to ensure the implementation of the Gender Policy. The President indicated that a system would be introduced through which gender representation targets and content of programmes become part of the core performance criteria of every government institution and manager. This would provide further impetus for gender mainstreaming in government institutions.
2.3 Gender Mainstreaming
The Gender Policy document refers to gender mainstreaming as a process that is goal orientated and “that recognises that most institutions consciously and unconsciously serve the interests of men” (South Africa’s National Policy Framework for Women’s Empowerment and Gender Equality, 2000, p. xvii). The Gender Policy thus encourages institutions to embrace a gender perspective in transforming themselves. It also promotes the full participation of women in decision-making so that women’s needs move from the periphery to the centre of development planning and resource allocation.
It is important to note that gender equality is the responsibility of all institutions of Government. In order to achieve gender equality, Government must embark on a rigorous process of gender mainstreaming. This is essentially the task of structures of the National Machinery as well as individual Government Departments at a national, provincial and local level.
The Gender Policy document outlines three main areas of intervention that Government Departments can make in gender mainstreaming. These interventions relate to external and internal gender transformation encompassing the following:
- Promoting women’s empowerment and gender equality in their service provision (external transformation).
- Raising public awareness about gender in their interactions with clients and stakeholders in the private and community sectors (internal and external transformation).
-
Promoting women’s empowerment and gender equality in their internal employment policies and practices (internal transformation).
- Report of the National OSW on the status of GFPs in National Departments
In November 2003, the OSW undertook its 3rd Audit on the status of GFPs in national Departments. Twenty-two Departments responded to the questionnaire distributed by the OSW. The results indicated the following:
• Of the departments that responded, 31.8% (7) have GFPs at the director level, which is the level mandated by the Gender Policy. • Six of the Departments reported that their GFPs were at deputy director level and 4 GFPs were appointed at assistant director level. • The understanding of the structure of GFPs varied. In 15 departments, the GFP referred to an individual and in 9 departments, the GFP referred to a unit. • Only 9 Departments have formally appointed GFPs. In these instances, the person’s performance contract refers to their function as that of a GFP, but only 6 Departments assess them on GFP work. • The GFPs are responsible for work other than gender related functions. Only 6 Departments perform GFP functions exclusively, whilst GFPs in 2 Departments perform 3 functions or less, and in 14 Departments they perform 4 or more functions, over and above their gender functions.
Section Two: Summaries of Reports by OSWs and Departments
Reports by the National and Provincial Offices on the Status of Women (OSW)
As indicated earlier in the report, the OSWs were requested to report on:
• Structure of the OSWs.
• The status of GFPs in the provinces.
• Provincial gender programmes and budgets.
• Impact of the programmes and monitoring indicators.
The provincial OSW reports varied in the extent and depth to which information was supplied. Many of the reports addressed the first two areas that had be to reported on, whilst significantly less information was received on the provincial gender programmes, and even less on budgets and impact of programmes.
- Eastern Cape
1.1 Structure
The OSW is staffed with 3 people, namely a deputy director, assistant director and an administrative officer.
Provincial Gender Focal Points (GFPs) have been established in some Departments. GFPs are staffed by co-ordinators appointed at assistant director level and Special Programme Officers (SPOs) are appointed at deputy director level. The following GFPs have been established in Departments:
Sport, Arts and Culture 1 SPO, deputy director. 1 GFP, assistant director. Agriculture 1 SPO, deputy director. 1 GFP, assistant director. Public Works 1 SPO, deputy director. 1 GFP, assistant director. Education 1 SPO, deputy director. 1 GFP, assistant director. Health 1 Acting SPO, deputy director. Transport 1 SPO, deputy director. Safety and Liaison 1 SPO, deputy director. Economic Affairs 1 SPO, deputy director. Finance 1 GFP, assistant director.
The location of the GFPs differs across Departments. Some of the GFPs are located in human resources and others in the Heads of Department’s offices. The location of the GFPs places them outside of key decision-making structures and thus limits the impact of the GFP in gender mainstreaming.
1.2 Budget
The OSW representative reported that for the 2003/04 financial year, the Office had a budget of R1.2 million. No indication was given whether this amount included salaries, infrastructure as well as project expenditure.
1.3 Policy and Gender Action Plan
The report does not indicate whether the OSW has developed a provincial gender policy and gender action plan that is in line with the national policy. It has undertaken activities for the promotion of the Gender Policy Framework. However, the report does not indicate whether this is with reference to the national policy or a provincial policy.
1.4 Gender Mainstreaming
Following a Gender Audit, the provincial OSW in consultation with the national OSW introduced a coordination framework for the implementation of gender mainstreaming and the empowerment of women. In accordance with the needs of the province, three gender clusters have been prioritised. These are the economic empowerment of women, ‘no violence against women’, and the special support for rural women’ clusters.
1.5 Programmes
As per the brief given to the OSWs, the report presented by the OSW focused on the programmes within the clusters, as prioritised by the province, and the various projects undertaken by the Departments to give effect to the objectives of the clusters. It is unclear from the report what the role of the OSW is within these programmes.
• Women and the Economy
The Departments forming part of this cluster include Environment and Tourism (lead department); Economic Affairs; Sport, Recreation, Arts and Culture; Roads and Public Works; Provincial Treasury and Land Affairs. Some of the programme areas prioritised by the Departments are:
o Sports, Recreation, Arts and Culture - Women in Publishing and
Women in Arts and Crafts.
o Economic Affairs, Environment and Tourism - Women’s co-operatives.
o Roads and Public Works - Promoting women’s full access to and
control over productive resources.
• Girl Child
Sports, Recreation, Arts and Culture has been involved in numerous programmatic areas including an eco-challenge, gymnastrada, guiding and scouts and the South African Games. The Department of Education has been involved in awareness raising.
• Gender Based Violence
The Departments of Justice, Safety and Liaison, Health, South African Police Services, South African National Defence Force, Correctional Services, Education and Social Development constitute this cluster. The programmatic areas cited by Departments as areas of work include:
o Social Development - Victim empowerment.
o Roads and Public Works - HIV and AIDS.
o Sports, Recreation, Arts and Culture - Imbiza Intersect
Coalition Arts and Culture launch and Life skills training.
o Education - Awareness raising.
o Health - Provision of emergency care services for victims of
sexual offences or abuse.
o Correctional Services - Rehabilitation.
• Rural women
This cluster area is in line with the Provincial Integrated Rural Development Plan and is constituted by the Departments of Agriculture, Land Affairs. Social Development, Sports, Arts, Culture, Transport, Water Affairs and Roads and Public Works. The report indicated that the Department of Roads and Public Works has poverty alleviation as one of its programme areas. The report furthermore indicates that the Department of Agriculture is involved in three projects in this cluster, but no indication is given of the projects.
1.5 Achievements
The report cites provincial leadership to gender mainstreaming and the empowerment of women as an achievement. This is evident in the Provincial Growth and Development Plan for 2004 – 2014. Projects and programmes report mainstreaming gender as an objective.
1.6 Challenges
The Eastern Cape OSW undertook a gender audit in 2001, which indicated that the province was not in a position to significantly address itself to fulfilling its gender mandate. GFP coordinators had not been appointed in the Departments to drive the process of gender mainstreaming and the empowerment of women. Subsequent to the gender audit, GFPs were established in some departments. This process of the appointment, location and resource allocation to the GFPs were, however, not uniform in the province. GFPs, staffed by coordinators, were appointed at assistant director levels and special programmes officers at deputy director level.
- Free State
2.1 Structure
The OSW is staffed with a deputy director, an assistant director, 2 administrative clerks, a messenger and a secretary. An interdepartmental gender committee has been formed. This committee consists of the GFPs from provincial and national departments, which have offices in the province. Very few gender co-ordinators have been appointed at a local government level. Gender co-ordinators in local government, however, attend meetings when provincial activities are being planned. Other structures of the gender machinery in the province include the Committee on the Improvement of Status of Women, Youth and Disabled. The Women’s Caucus is non- operational.
2.2 Budget
There was an indication by the presenter that gender programmes received a significantly smaller allocation than that of the youth directorate. However, it was not clear whether this was for the OSW or for the respective Departmental GFPs.
2.3 Policy and Gender Action Plan
The National Policy Framework had been presented to the Members of the Executive Committee, Heads of Departments, Managers and Deputy Managers and municipal districts. The Free State Provincial Executive Committee adopted the policy. A Free State Development Plan has been developed. The OSW indicated that a monitoring strategy is in place to gather Departmental information on the GFPs on structures of GFPs, programmes, projects, budgets, and disaggregated data of staff.
2.4 Gender Mainstreaming
The report states that Strategic Plans and an Operational Plan have been devised from the Gender Policy.
2.5 Programmes
Education
Some of the programme areas of the Department of Education include those addressing sexual harassment, adult basic education and training, equality in job allocation, skills development through the allocation of bursaries and the building of hostels for farm school children.
• Economic empowerment of women
The report cites 3 Departments that are engaged in the economic empowerment of women. These include the Departments of Public Works, Roads and Transport, Health and Provincial Treasury. Provincial Treasury was cited as having undertaken road shows, which addressed issues of financial management. In general, the report was not clear about the programme areas that these Departments are engaged in.
• Agriculture
The report indicated that women manage more than 80% of small-scale projects on tribal land in the former Qwa-Qwa and in townships. Women constitute 60% of all land reform beneficiaries. The Department of Agriculture is reported to have a female farmer of the year competition, a food security pilot project of which the main beneficiaries are women and a programme that facilitates mentoring and partnership between women farmers and more experienced neigbouring farmers.
• Social Development
The Department of Social Development reported on the distribution of grants, hospice organisations, victim empowerment, and shelters for abused women amongst its programme areas, which has a gendered impact. Internal measures include a HIV and AIDS policy.
• Health
Within the Department of Health, several programmes are said to benefit women. These include the maternal death notification programme, cervical cancer services, the Prevention of Mother-to-Child programme, termination of pregnancies, and the provision of female condoms.
• Capacity building and skills development
The Departments of Health, Sport, Arts, Culture, Science and Technology as well as Provincial Treasury indicated their involvement in capacity building and skills development. The Department of Health had offered training on post exposure prophylaxis, Provincial Treasury on financial management and Sports, Arts, Culture, Science and Technology on needlework and literacy projects.
The GFPs in the provincial Departments and national Departments (with offices in the provinces) as well as the gender co-ordinators in local government received training on policy development, gender mainstreaming, strategic planning, gender awareness and gender analysis.
2.6 Achievements
No achievements were cited other than those listed under the various programmes.
2.7 Challenges
The following challenges were cited in the report:
• GFPs don’t have the necessary capacity to achieve gender equality. • Due to the capacity of GFPs, gender strategies, programmes and activities are not incorporated into the strategic plans of the Departments, which results in a lack of commitment by Departments. • Special Programme Officers are appointed at assistant director level whereas Departments can make the appointments at a deputy director level.
• Only a few gender co-ordinators have been appointed at Local Government level and they are generally responsible for other functions as well.
- Gauteng
3.1 Structure
The Gauteng Province does not have an OSW. The Social Development Directorate has, however, been coordinating all gender activities and programmes. It is in the process of filling the positions in the new Gender and HIV/AIDS programme. The positions of a deputy director, assistant director and a senior administrative officer are currently being filled.
3.2 Budget
The report does not give an indication of the budget attached to the directorate.
3.3 Policy and Gender Action Plan
A gender policy framework was developed in 2002/03. The Gauteng Provincial Government has a gender action plan and this was recently integrated with the Gauteng Provincial Government’s priorities. A draft Sexual Harassment Policy Framework is also in place.
3.4 Gender Mainstreaming
One of the province’s key intervention strategies is gender mainstreaming. Gender indicators have been developed and a monitoring process is in place.
3.5 Programmes
• Policy development and analysis
The Executive Council has approved a Gauteng Provincial Government Gender Policy Framework. The Directorate provides support to Departments to facilitate the development of sector specific policies and programmes designed to address gender issues. A draft Gauteng Provincial Government Sexual Harassment Policy is in place and Departments are currently finalising their respective policies.
• Capacity Building
One of the priorities of the Directorate was ensuring that GFPs and senior managers receive training on gender planning and gender budgeting. • Gender machineries
All Departments have nominated GFPs. It is reported that the designation and location of these vary across the Departments. The positions range from that of chief director to assistant director and in one case, that of senior administrative officer. A gender forum has been established and this structure meets monthly.
• Monitoring and evaluation
An annual analysis is undertaken of Departmental strategies and budgets to ascertain whether they are in line with national and provincial priorities as well as to ensure that gender is integrated into strategic plans and budgets. A quarterly tracking chart is also in operation to capture the Premier’s and Members of the Executive Council’s (MECs) commitments on gender issues and to monitor progress against the delivery of the commitments made by the Premier and MECs.
• Gender Mainstreaming
All provincial Departments are reported to have gender budgets. The outputs of gender budgets reflect gender sensitive indicators for all programmes and projects, which are in line with the core functions of the specific Department.
• Co-ordination and planning
The Directorate ensures that certain events are commemorated. These include Women’s Day and 16 Days of Activism. They are responsible for providing strategic support to the lead department co-ordinating Women’s Day as well as co-ordinating all provincial Departments in celebrating Women’s Day.
3.6 Achievements
No specific achievements other than the ones mentioned above are cited in the report.
3.7 Challenges
The directorate lists social regeneration and economic empowerment as their challenges.
- KwaZulu-Natal
4.1 Structure
The OSW is located within the Directorate for Human Rights. The position of Head of the OSW, at deputy director level, is vacant. The position of assistant director and administrative officer is also on the staff establishment. It was indicated that the position of the Head of the OSW would be converted into a director’s position, as from April 2004.
Within the Departments, most GFPs have been permanently established.
4.2 Budget
It was reported that the OSW has a budget of R1.6 million. It is unclear whether this amount includes personnel costs.
4.3 Policy and Gender Action Plan
The OSW has a draft gender policy and is currently working on an implementation strategy as well as a gender monitoring tool. The Office has furthermore undertaken a gender audit in the province as part of assessing the 10 years of democracy.
4.4 Gender Mainstreaming
The OSW has developed guidelines for gender mainstreaming.
4.5 Programmes
The following Departments are said to have programmes that are gender related:
• Legislature - Holding of a Young Women’s Parliament and celebration
of significant events.
• Department of Health - Workshops on the gender policy in the health
sector, celebration of significant event days and the establishment
of a workplace gender forum.
• Social Welfare and Population Development - Victim Empowerment
programme, domestic violence programme and a domestic violence
resource directory.
• Provincial Treasury - Gender audit, awareness programmes,
celebration of significant events.
• Traditional and Local Government Affairs - Awareness campaign,
training of co-ordinators, celebration of events for significant
days.
• Education - Women empowerment programme, women in management
programme and the celebration of events for significant days.
• Transport - Zibambele Road Maintenance Contract, Women for Road
Safety, Employment for Female Traffic Officers, Vukuzakhe and
labour construction programmes and celebration of events for
significant days.
4.6 Achievements
The OSWs report indicated the following achievements:
• GFPs have been permanently established in some Departments and
municipalities.
• Capacity building programmes for GFPs and Provincial Gender
Machinery have been undertaken.
• A gender audit was conducted.
• A draft provincial gender implementation strategy is in place.
• A draft gender monitoring and evaluation tool has been
developed.
• Guidelines for gender mainstreaming are in place.
• Awareness campaigns are held.
4.7 Challenges
The following challenges were cited:
• Establishment of permanent GFPs and the resourcing thereof.
• Establishing an integrated approach to gender issues and political buy-
in. Furthermore, there is a need for an integrated approach to deal
with gender issues.
- Mpumalanga[6]
5.1 Structure
The OSW is located within the Office of the Premier. The following positions are on the staff structure of the OSW:
• Deputy director • 2 assistant directors • 3 chief community liaison officers • 3 community liaison officers • 3 administrative clerks
Currently, the positions of assistant director (research), 2 chief community liaison officers, 2 community liaison officers and an administrative clerk are vacant.
GFP coordinators have been appointed in Departments. However, no structures are in place and they have inadequate job descriptions. GFPs coordinators have been appointed fulltime in 6 Departments, namely, Health; Agriculture, Conservation and Environment Affairs; Housing and Land Administration; Safety and Security; Social Services, Population and Development; and Sports Recreation, Arts and Culture. Whilst other Departments are in the process of appointing staff in the GFPs, the GFPs refers to an individual person and units have not been established.
5.2 Budget
The budget of the OSW as well as that of the GFPs are not provided in the report.
5.3 Policy and Gender Action Plan
The report does not indicate whether there is a Provincial Gender Policy or whether the province has a gender action plan.
5.4 Gender Mainstreaming
This information is unavailable in the report.
5.5 Programmes
The OSW has undertaken the following programmes since its establishment:
• Co-ordinated the HIV and AIDS programme Vusa Isizwe, targeting school
children.
• Conducted training for GFPs coordinators on gender issues.
• Conducted a gender workshop for Members of the Provincial Legislature
and Heads of Departments.
• Ran awareness campaigns on legislation affecting women.
• Co-ordinated the calendar on women’s events.
Departments were engaged in the following programmes:
• Housing - Workshops to gender sensitise senior managers.
• Safety and Security - Campaigns on gender-based violence, partnership
against crime and moral regeneration. Awareness raising programmes
were conducted on drug and substance abuse for youth as well as
paralegal workshops for farmers.
• Social Development - Welfare services for women.
5.6 Achievements
No specific achievements were reported other than those mentioned above.
5.7 Challenges
Challenges were cited for the OSW and for the GFPs.
OSW
• Not all positions in the OSW has been filled.
• Budgetary constraints are experienced due to cost curtailment
measures, which has impacted on the filling of posts.
• Provincial or national Governments on occasion give the OSW additional
mandates that are not funded.
GFPs
• GFPs deal with issues other than gender, such as HIV, disability,
youth and children’s issues. Some GFPs are also responsible for other
core functions within their Departments.
• The location and rank of the GFPs are a challenge. Some GFPs have to
report to numerous persons. They do not have an influence on decision-
making and thus do not have the ability to influence decisions on
issues such as gender mainstreaming and gender equality.
• Departments do not have budgets to undertake gender responsibilities.
- North West
6.1 Structure
The OSW was established in 1995 and is located within the Special Programmes Directorate, in the Office of the Premier. The report indicates that a director, who is also responsible for the disability desk, 3 assistant directors, a senior administrative officer, an office manager and an administrative clerk, is provided for on the structure. It is unclear from the report whether all these positions are located within the OSW or within the Special Programmes Directorate. Furthermore, clarification is needed on the level at which the Head of the OSW is appointed.
The status of the Departmental GFPs is:
• The Department of Health - A person has been appointed to the GFP as
an assistant director.
• The Department of Agriculture - A person has been formally appointed
in the GFP as assistant director.
• Conservation and Environment – An assistant director has been
appointed.
• Department of Minerals and Energy – Systems are in place to address
gender in the province.
• Other departments have ad hoc gender desks where gender does not form
part of the individual’s job description.
6.2 Budget
The Special Programmes Directorate has a budget, and the OSW is allocated for within this budget. The amount allocated to the OSW was not indicated.
6.3 Policy and Gender Action Plan
It is unclear whether the province has a Gender Policy and a gender action plan.
6.4 Gender Mainstreaming
The province adopted a Provincial Gender Strategy in 2003. The Provincial Gender Strategy set mechanisms in place by which Departments’ gender programmes will be assessed.
6.5 Programmes
There is no clear indication from the report about the programmes currently underway in the OSW and in the Departments. The report, however, makes brief mention of a United Nations Development Programme (UNDP/OSW) capacity building programme and Departmental gender analysis. The nature of these undertakings is unclear.
6.6 Achievements
The report indicated the following achievements:
• Between 1997 and 1998, a business plan was developed which was aimed
at integrating the implementation of gender programmes in Government.
• A gender audit was undertaken between 1998 and 1999.
• In 2001, a provincial gender summit was held.
• A capacity building training programme was developed for GFPs.
• A Gender Strategy has been developed and adopted by the province.
6.7 Challenges
The challenges reported on include:
• Most of the Departments in the province do not have a permanently
appointed GFP. The Departments of Health, Agriculture and Conservation
and Environment are the only Departments with GFPs. The other
Departments have ad hoc GFPs and gender does not form part of their
job descriptions. This makes it difficult for the OSW to engage in
training and other initiatives.
• The OSW is faced with the challenge of getting the provincial gender
machinery operational.
• Departments do not have specific budgets for mainstreaming gender.
• The relationship between national and provincial Departments is
problematic.
- Western Cape[7]
7.1 Structure
The OSW head is appointed at deputy director level. The OSW is staffed with only one person.
Table: Status of GFPs in Western Cape provincial Departments |Department |Structure |Rank of GFP |Gender |Budget | | |and location| |programmes | | |Housing |Included in |Assistant |Draft gender |Dedicated | | |2004/05 |director |equality and |budget | | |strategic | |women |2004/05 | | |plan. | |empowerment | | | |Location in | |implementation| | | |Human Rights| |strategy. | | | |and special | | | | | |projects. | | | | | |Ad hoc | | | | | |function | | | | |Health |Add-on |Position |Draft gender |No budget | | |function. |vacant. The |equality and | | | |Human |position was|women | | | |Resources. |at the level|empowerment | | | | |of assistant|implementation| | | | |director. |strategy. | | | | | |Celebration of| | | | | |commemorative | | | | | |days. | | |Agriculture |Located in |Deputy |Draft gender |Dedicated | | |Human |director: |equality and |budget | | |Resources |gender, |women |2004/05. | | |and Support |youth, HIV, |empowerment | | | |Services. |disability |implementation| | | | | |strategy. | | | | | |Celebration of| | | | | |commemorative | | | | | |days. | | |Social | |Assistant |Celebration of|Dedicated | |Services | |director. |commemorative |budget | | | | |days. | | | | | |Safe houses. | | | | | |Sponsorships. | | |Education |Human |Assistant |Celebration of|Dedicated | | |Resources |director: |commemorative |budget | | |Development |gender, HIV,|days. | | | | |youth, |Draft gender | | | | |disability. |equality and | | | | | |women | | | | | |empowerment | | | | | |implementation| | | | | |strategy. | | | | | |Life skills. | | |Community |Add-on |Senior |Commemorative | | |Safety |function. |officers: |days, Draft | | | |Human |gender, |gender | | | |Resources |youth, |equality and | | | |Development |disability. |women | | | | | |empowerment | | | | | |implementation| | | | | |strategy; | | | | | |trauma rooms; | | | | | |young women at| | | | | |risk. | | |Economic |Human |Deputy |Celebration of|Dedicated | |Development |Resources |director: |commemorative |budget | |and Tourism |Development |gender, |days. Draft | | | |Formal |youth, HIV, |gender | | | |structure. |disability, |equality and | | | | |labour |women | | | | |relations. |empowerment | | | | | |implementation| | | | | |strategy. | | |Environmental|Add-on, |Contract |Draft gender |No budget. | |Affairs and |Human |appointment:|equality and | | |Development |Resources |gender, |women | | |planning |Development |youth, |empowerment | | | | |disability |implementation| | | | |and HIV. |strategy. | | |Local |Formal, |Assistant |Celebration of|Dedicated | |Government |Human |director. |commemorative |budget | | |resources. | |days. Draft |2004/05. | | | | |gender | | | | | |equality and | | | | | |women | | | | | |empowerment | | | | | |implementation| | | | | |strategy. | | |Provincial |Add-on, |Officer |Draft gender |No budget. | |Treasury |Human |(Acting). |equality and | | | |Resources | |women | | | |Management | |empowerment | | | | | |implementation| | | | | |strategy. | | |Provincial | | |Nonexistent. |No budget. | |Administratio| | | | | |n | | | | | |Transport and|Formal, will|Special |Draft gender |Dedicated | |Public Works |be located |Programmes |equality and |budget | | |in HOD (1 |Officer: |women |2004/05. | | |April 2004).|gender, |empowerment | | | | |youth, |implementation| | | | |disability. |strategy. | | | | | |Commemorative | | | | | |days. | | |Culture |Add-on |Sport |Celebration of|Dedicated | |Affairs and | |Promotions |commemorative |budget. | |Sport | |Officers. |days. | | | | | |Draft gender | | | | | |equality and | | | | | |women | | | | | |empowerment | | | | | |implementation| | | | | |strategy. | |
7.2 Budget
Whilst the report gives an indication of budgets allocated to specific programmes, it does not provide the overall budget allocation to the OSW for the 2003/04 financial year.
7.3 Policy and Gender Action Plan
A draft provincial Gender Equality and Women Empowerment Implementation strategy is in place.
7.4 Gender Mainstreaming
The OSWs report does not indicate whether the Office is developing or has developed a gender mainstreaming strategy for the province.
7.5 Programmes
Table: Programmes of the OSW in the Western Cape |Programme |Budget |Activity |Status |Challenges | |Policy |R15 000 |Draft |Draft. |No capacity to| |Development |(2002/03) |provincial | |give effect to| |and Research | |gender equality| |the plan. | | | |and women | |Obtaining | | | |empowerment | |institutional | | | |implementation | |support and | | | |strategy. | |buy-in. | |Capacity |R50 000 |Mainstreaming |Developed |Need to | |Building and |(2003/04) |training for |training |appoint person| |Training | |trainers in the|package. |to provide and| | | |public sector. | |sustain | | | |OSW specific | |training. | | | |capacity | | | | | |building. | | | |Public |R285 000 |Celebration of | |Capacity to | |Education, |(2003/04) |commemoration | |give effect to| |Awareness | |days. | |programmes for| |Raising and | |Development of | |commemorative | |Communication| |promotional | |days. | | | |materials. | | | | | |Partnerships | | | | | |with civil | | | | | |society. | | | |Co-ordination|Integrated|The formal | |Commitment | |of gender |R350 000 |structuring of | |from all | |machinery |(2004/05) |a provincial | |gender | | | |gender | |stakeholders | | | |management | |in provinces. | | | |system. | |Resources. | |Monitoring, | |Developing of |Appointed |Budgetary | |Evaluation | |an audit |the Human |constraints | |and Reporting| |instrument. |Sciences | | | | | |Research | | | | | |Council | | | | | |(HSRC) to | | | | | |develop an| | | | | |audit | | | | | |instrument| | | | | |. | |
7.6 Achievements
Other than the achievements mentioned above, the OSW reported on the following achievements:
• Convening a conference entitled “Breaking Barriers: Women in
Technology”.
• Hosting a social sector consultative workshop.
• Undertaking a provincial consultative road show.
• Hosting conferences on gender violence.
7.7 Challenges
The report indicates the following challenges: There is a need to strengthen existing relations with the NGO sector. • Structuring and co-ordination of the provincial gender machinery. • Resources for the replication of gender desks on district level. • Understanding the role and operational methodology of the OSW. • OSW needs to be properly resourced with regard to the approval of the organogram and the filling of posts. • Departments need to institutionalise gender portfolios by: o Formalising structures. o Adequately resourcing structures. o Strategically locating gender structures. o Appointing the GFPs at the recommended rank. o Understanding the responsibilities of GFPs.
Gender Focal Points
- Department of Agriculture
1.1 Structure
In July 2003, the Departmental Executive Committee ratified a decision to establish a Gender Forum in the Department. This Forum is in the process of being established. It is envisaged that the Forum will be composed of 70% women and 30% men, who would be nominated from departmental programmes. The Forum will report to the Director-General and the Employment Equity Forum. The GFP staffed with a deputy director has been created in the Director- General’s office. The relationship between the Gender Forum and the GFP was not indicated. This needs to be explored as well as the functions of the two structures.
1.2 Budget
The report indicated that the budget allocation to the Forum would be discussed after the launch.
1.3 Policy and Gender Action Plan
The Department’s report does not indicate whether there is any gender policy or gender action plan implemented or developed for the Department.
1.4 Gender Mainstreaming
There is no indication of a gender mainstreaming strategy in place in the Department.
1.5 Programmes
• Female farmer of the year competition
This competition was initiated in 1999 to celebrate women farmers’ contribution to the agricultural sector. Women are recognised in the top exporter-, top national markets-, top informal markets- and top household producer categories.
1.6 Staff component
| Female | Male |
| 36% | 64% |
| Women in senior positions | |
| 40% | |
| Senior management positions held by women | |
| Director-General | 0 |
| Deputy | 2 |
| Director-Generals | |
| Chief of staff of | 0 |
| ministry | |
| Assistant | 0 |
| Director-General |
The Human Resources Management recruitment strategy is in the process of being revised to ensure gender balances in recruitment processes.
1.7 Achievements
The Department’s report did not indicate any specific achievements.
1.8 Challenges
No challenges were reported.
- Department of Arts and Culture (DAC)
2 Structure
The GFP is staffed with a Special Programmes Officer who has been appointed at a deputy director level and reports to the Director of Human Resource Management. This person is responsible for gender issues, HIV and AIDS, the Employee Assistance Programme, disability issues and children’s rights.
- Budget
The GFP does not have a budget of its own. It draws from the budget allocated to Human Resources. The amount available to the GFP is not indicated.
2.3 Policy and Gender Action Plan
The GFP is currently engaged in a review of departmental policies pertaining to HIV and AIDS, employment equity, recruitment and the draft ‘Human Resource and Development and Disability’ policy. No mention is made of a gender action plan.
- Gender Mainstreaming
The Department’s report does not make mention of strategies to mainstream gender into all departmental plans, procedures, programmes, outputs, etc. This information needs to be elicited from the Department.
- Programmes
Internally, the Department has embarked on information and training sessions for staff on the Domestic Violence Act (Act No 116 of1998), the Customary Marriages Act (Act No 120 of 1998) and on sexual harassment.
Externally, the Department has only been involved in initiatives to commemorate International Women’s Day, Women’s Day, Human Rights Day and the 16 days of No Violence Against Women programme.
- Staff Component
Not reported.
- Achievements
No specific achievements other than those mentioned above are documented in the report.
2.8 Challenges
The Department has not listed the challenges faced by the GFP. This information needs to be elicited.
-
Department of Correctional Services (DCS)
-
Structure The Gender Desk within the Department of Correctional Services is the equivalent of a directorate and is managed by a National Manager who is appointed at a director level. In addition to the director, the gender desk is staffed with six people. Two of these are appointed at deputy director levels and are responsible for policy, planning, mainstreaming and advocacy and for women’s empowerment and capacity building respectively. Two assistant directors provide programmatic support to the deputy directors. The remaining three staff members provide administrative support to the directorate.
-
Budget
No mention is made in the Department’s report on the budget available to the Gender Desk. This would need to be sourced from the DCS.
- Policy and Gender Action Plan
The DCS report does not cover any aspects relating to the work of the Gender Desk in reviewing Departmental policies from a gender perspective or in developing gender related policies. This needs to be determined.
- Gender Mainstreaming
Strategies pertaining to the mainstreaming of gender are not touched on in the report.
- Programmes
The following internal programmes are listed in the report as a means of promoting gender equity in the department: workshops, training, security, bursaries, employment opportunities, personnel development and leave.
In relation to the services that the DCS provides, the following programmes are targeted at offenders: educational programmes, skills training, counseling, health care, HIV and AIDS, moral and spiritual care, sports and recreation, victim offender mediation and support systems for release. The ways in which these programmes promote gender equity is not clarified and the objectives, methodology and impact assessment mechanisms have not been outlined in the report.
3.6 Staff Component
The following information is provided with respect to the demographics of senior managers in the Department:
Senior Management Demographics for 2003 |Group |Numbers |Percentage | |White male |3 |3.7 | |Black male |62 |76.5 | |Female |16 |19.7 |
3.7 Achievements
The Department’s achievements with respect to furthering gender equity are not indicated in the report.
- Challenges
The challenges identified relate to restructuring, the socio-economic status of women, women as practitioners and the sphere of work in the justice system. The exact nature of these challenges is not articulated and this needs to be clarified.
-
Department of Defence (DoD)
-
Structure
The GFP in the Department of Defence is a sub-section in the Equal Opportunities Chief Directorate. The GFP reports to the Council on Defence, the Secretary of Defence and the Chief of the South African National Defence Force (SANDF). It is staffed by five personnel members. These posts are the military equivalent of a deputy director, two assistant directors, an administrative officer and a chief clerk.
A Gender Forum has been established and each service and division chief has appointed a representative to serve on this forum. The Gender Forum assists the GFP in attaining its objectives, which include ensuring that:
• The gender policy is implemented.
• The budgets of the various services and divisions are gender
sensitive.
• Gender-related training is conducted.
• Gender is mainstreamed in all services and divisions.
- Budget
The GFP was allocated R 89 211.00 for the 2003/04 financial year. The GFP is further striving to ensure that all services and divisions budget for gender- related activities in their respective budgets.
- Policy and Gender Action Plan
The objectives listed by the GFP include the following:
• To ensure that the ‘National Policy on Women’s Empowerment and Gender
Equity’ is implemented in all services and divisions of the
Department.
• To market and promote gender policies in the Department
• To monitor Departmental programmes and policies to ensure that they
are consistent with the national gender policy.
The GFP has formulated several policies. These include a sexual harassment policy and a gender-based violence policy. A policy pertaining to the promotion of gender equity and a pregnancy policy are still in draft formats.
No mention is made of a Gender Action Plan in the Department’s report.
- Gender Mainstreaming
The GFP indicates that the mainstreaming of gender in all services and divisions is one of its objectives. The Gender Forum is used to assist in monitoring the implementation of this.
- Programmes
4.5.1 Internal Programmes
Gender Training Programme
The purpose of this programme is to build internal capacity within the department and to equip staff with skills and contextual knowledge on gender issues. Examples cited are a ‘Women in Law’ course and training on sexual harassment.
Hotline
An internal hotline has been established for the reporting of sexual harassment and gender-based violence in the Department. This hotline will be used to serve as an indicator of the levels of gender-based violence and sexual harassment.
Gender Sensitisation Programmes
This initiative is comprised of internal roadshows and presentations aimed at facilitating an understanding of the departmental policies that relate to gender. The programme is targeted at both management and staff.
4.5.2 External Programmes
Gender Awareness Campaign
The awareness campaign is predominantly centred around calendar events such as National Women’s Day and the 16 Days of Activism on No Violence against Women and Children.
Peace Table Seminar
The peace table initiative strives to create a forum where women in the military can engage with women in civil society to promote peace. The 2003 seminar focused on how women can contribute towards the implementation of the African Union (AU) and New Partnership for Africa’s Development (NEPAD) peace agenda.
- Staff Component
Not reported.
- Achievements
The work of the GFP has been recognised by some countries in Africa and internationally. Namibia, Botswana and Nigeria have requested that the GFP assist their Defence Forces in setting up their own Gender Focal Points. In addition, North Korea, Portugal and Pakistan have requested information from the GFP on its work in the Department.
- Challenges
The report does not list the identified challenges.
-
Department of Education (DoE)
-
Structure
The GFP in the Department of Education has been established as a directorate, comprising a director, a chief education specialist, a senior administrative officer (this post was vacant at the time of reporting) and a secretary. The GFP reports to the chief director of special programmes in education. The director of the GFP participates in departmental strategic planning meetings and attends management meetings.
- Budget
The budget allocated to the GFP for the 2003/04 financial year was R1,5 million. Of this, R 200 000 was allocated to programmatic work. Much of the work done by the GFP is funded by donations and by building partnerships with other directorates. The GFP’s report notes that budgetary restrictions limit programmatic initiatives to a large extent.
5.3 Policy and Gender Action Plan
One of the strategic objectives of the GFP is to ensure that gender equity is reflected in all policies and practices of the Department. Policy guidelines on sexual harassment and learners who become pregnant have been developed by the GFP.
5.4 Mainstreaming of gender
The GFP has developed a framework to assist sectional heads to mainstream gender into their work. This framework still needs to be approved by senior management before it can be utilised.
-
Programmes
Gender sensitisation workshops
Workshops aimed at improving the conceptual understanding of gender-related issues were conducted with school governing bodies, educators, learner representative councils, educator unions and education officials.
Girl Education Movement
The Girl Education Movement was launched to focus on and build the capacity of girls. A website was created to provide girls with a platform to discuss issues affecting the quality of their lives. A workshop on writing skills was also conducted for girls to enhance their ability to write articles for publication.
Advocacy Strategy
Campaigns on gender-based violence and the link between gender and HIV and AIDS have been conducted. These campaigns have entailed the compilation of educational materials such as posters and manuals.
- Staff Component
Not reported.
5.7 Achievements
No achievements are listed.
5.8 Challenges
Budgetary constraints were listed as an impediment to the work of the GFP.
- Department of Environmental Affairs and Tourism (DEAT)
6.1 Structure
The Division for Gender, Disability, Youth and Children serves as the Gender Focal Point for the Department. This division is located in the Directorate for Transformation and Special Projects. The Division comprises an assistant director and an administrative officer. The assistant director serves as the GFP officer. The assistant director reports to the deputy director of transformation.
- Budget
Currently, the GFP does not have a budget of its own. Its work is funded by the budget of the Directorate: Transformation and Special Projects. The amount available to the GFP from this budget has not been stipulated. It is envisaged that a proposal will be submitted to secure a dedicated budget for the GFP. It is hoped that this will be available in the next financial year.
- Policy and Gender Action Plan
The Department reports that it is cognisant of the national policy framework on gender and it has put in place structures to give effect to this. This is not elaborated on in the report. The role of the Division for Gender, Disability, Youth and Children is to co-ordinate and facilitate the development and implementation of policies and strategies which promote ‘gender equality, women’s empowerment, disability inclusivity and integration, youth development and the promotion and protection of children’s rights’. The report does not specify how this is done and the policies that have been worked on. The only specific reference to a policy that has been developed is a sexual harassment policy.
- Gender Mainstreaming
The directorate is currently in the process of establishing structures and mechanisms for ensuring that gender is mainstreamed into the Department’s core functions. A departmental Gender Committee has therefore been established to give effect to this. The Gender Committee comprises officials who have been nominated as gender representatives from the various Chief Directorates in the Department. Gender issues are also a standing agenda item in meetings of the Transformation Steering Committee, which are chaired by the Director-General.
6.5 Programmes
6.5.1 Internal
• Internship programme
As part of its internship programme, the Department has allocated R 147 000 to 8 students from disadvantaged communities to study for a certificated course at the Garankuwa Hotel Management School. Fifty percent of these students are female.
Training of tour operators
The Department has set aside R 240 000 for the training of tour operators in the next financial year. Fifty percent of those trained will be women.
Employment equity targets
The Departmental draft Employment Equity Plan calls for an overall 50% target of women employees. Currently, 35% of the staff in the Department is women. Women hold 40% of senior management positions.
6.5.2 External
• Commemoration of Calendar Events
The Department has been actively involved in commemorating national gender- related events such as the celebration of Women’s Day.
Arts, crafts and clothing project
Funds have been allocated to a training and developmental project in KwaZulu-Natal. This project has entailed the production of African art, crafts and clothing. Some of the work produced as a result of this project was showcased at the World Summit on Sustainable Development in 2002. The project currently receives orders from an international market as well.
The ways in which this project has benefited women and the number of women involved are not articulated in the report.
Tourism project
The Department has initiated a tourism project in the Limpopo Province, where women are trained in running bed and breakfast outlets. These outlets are then marketed internationally. The number of women involved in this project is not reflected in the report.
Abalone fishing exemptions
In Centane in the Eastern Cape, 115 abalone fishing exemptions have been handed out, of which 63 were to women.
Fly-fishing project
In Caledon in the Free State, the Department has funded a fly-fishing project, which is run by 40 women. This poverty relief project has also become a tourist attraction site and as a consequence, the women involved have been trained and given bicycles so that they can provide tour guide services as well.
6.6 Staff Component
Not reported.
6.7 Achievements
No achievements are reported.
- Challenges
One of the major challenges reported on is the need to capacitate representatives that serve on the Gender Committee. A second significant challenge is the need to strengthen the co-ordination function of the GFP within the Department. This includes establishing a co-ordination link with the Department’s statutory bodies and the provincial line functionary departments.
- Foreign Affairs
7.1 Structure The Department does not have any person staffing the position in the GFP, which is at director level. The Human Resources section has taken the initiative to consult with the OSW as well as the Department of Public Service and Administration to develop a gender strategy. Following this, the Department is in the process of establishing a GFP in the Directorate: Transformation, which will house the Gender Unit and an Employment Equity sub-directorate. The Gender Unit will be responsible for making recommendations on programmes, and together with the Employment Equity Forum monitor the advancement and implementation of programmes.
7.2 Budget
The Department currently does not have an operational GFP.
7.3 Policy and Gender Action Plan
None. The Department is currently using the employment equity plan to address representivity and training in the Department.
7.4 Gender Mainstreaming
The Department’s report does not indicate whether they have a gender mainstreaming strategy.
7.5 Programmes
• Recruitment and selection
A decision had been taken to use the Department’s current recruitment process to recruit women, especially for middle and senior management positions.
• Human resource development
Training is being used to develop and advance women in the Department. ABET is also used to develop staff, especially women at lower levels.
• Foreign Service Institute
In order to increase the number of women in missions abroad, women have been part of some of the following training initiatives:
1) Diplomatic training: 10 out of 22 participants being trained are
women.
2) Mission administration course: 16 out of 32 officials are women.
3) Foreign Affairs Assistance Course: 20 out of the 24 officials are
women.
7.6 Staff component
| Female staff members | 49% |
| Female staff in senior management positions | 5% |
| Females staff in middle management positions | 33% |
| Female staff in positions below middle management | 62% |
| Missions abroad headed by women as Ambassadors, | 16 out of 106 |
| High Commissioners or Consul Generals |
7.7 Achievements
As the Department does not have a GFP in place, there were no achievements reported.
7.8 Challenges
The Department does not have a GFP and therefore this issue was not addressed in the report.
- Department of Health (DoH)
8.1 Structure
The organogram of the Department indicates that the GFP is headed by the deputy director-general and it comprises a director, deputy director, assistant director (post vacant at the time of reporting), a secretary and a senior administrative officer (post vacant at the time of reporting).
- Budget
The total budget allocated to the GFP for the current financial year is R 1 892 000. In addition to this, some of the programmes of the GFP have received external funding, namely the Danish funded project on HIV and AIDS and gender- based violence.
Department of Health: Budget |Line item |Amount Allocated | |Personnel |R 1024 000.00 | |Administration |R 100 000.00 | |Professional & Special |R 688 000.00 | |Services | | |Equipment |R 80 000.00 |
- Policy and Gender Action Plan
The GFP has finalised and launched ‘Gender Policy Guidelines for the Public Health Sector’ in November 2002. It has also engaged in a process of advocacy and awareness raising on this policy in 6 provinces, namely Limpopo, Northern Cape, Free State, KwaZulu-Natal, North West and Mpumalanga. The policy has been presented to senior management in these provinces. In addition to this, a further 10 departmental policies have been analysed from a gender perspective.
- Gender Mainstreaming
Nationally, 4 clusters and 1 directorate have been trained in gender analysis and mainstreaming. In the Limpopo province, approximately 36 middle managers have been trained. In all 9 provinces, 15 senior and middle managers have been trained on gender and health related issues.
The report does not indicate how gender is mainstreamed into the work of the Department.
- Programmes
• Sexual Assault Care Practitioners Training Project (SACP)
It is estimated that more than 600 nurses have been trained in 2001/2 (40 nurses in KwaZulu-Natal, 30 nurses in the Northern Cape, 544 nurses in the Western Cape and 19 nurses in Gauteng). Further information on the nature of this project is lacking.
• Training for state doctors
Training has been provided to state doctors (100 doctors in the Western Cape and 27 doctors in the Eastern Cape). The nature of this training and its impact from a gender perspective are unclear.
• Projects on HIV and AIDS and gender-based violence (donor funded project)
Under the auspices of this project, research has been conducted on the following:
• Partner violence and HIV.
• Child sexual abuse.
• Disclosure of serostatus.
• Sexual coercion and sexual debut.
• Monitoring the implementation of rape law reforms in South Africa
(with special focus on the investigation and prosecution of rape
cases).
• Justice served in South Africa (exploring alternative ways and
mechanisms to improve on justice with regard to rape).
• The economic aspects of sexual assault services.
• Prevention of violence and harassment of girls in schools.
• Projects related to strategy development and services (donor funded) The following strategy development and service related initiatives are in progress:
• Anti-rape responses: this entails the mobilisation of partnerships.
• Development of a profile of convicted child offenders (aged 0-11)
years).
• Development of strategies to effectively prevent and respond to the
rape of children aged 0-11 years and the offering of support to both
the victims and offenders.
• Research on rape
This research focuses on rapes committed against victims in the age category 0-35 years and will be used to generate knowledge that can be used to inform an anti-rape strategy.
• Stop women’s abuse helpline
This is a call-in helpline that aims to provide victims of violence with information. The helpline also serves as a referral system and provides support.
8.6 Staff Component
Not reported.
8.7 Achievements
The following achievements are listed:
• Initiation of a process for developing a model of sexual assault
service provision based on the SACPs project.
• Development of national management guidelines for dealing with sexual
assault.
• Development of a sexual assault policy.
• Development of a ‘Sexual Assault Care Practice Curriculum/ Training
Manual’.
• Facilitation of sexual harassment workshops within the Department.
• Facilitation of workshops on gender-based violence and health.
• Establishment of a gender forum comprised of the national and
provincial GFPs which meets quarterly to review and plan programmes.
8.8 Challenges
The following challenges have been identified:
• Weaknesses in strategic direction with regard to the mainstreaming of
gender.
• The full-time appointment of GFPs in the provinces.
• The need to clarify the roles, powers and functions of provincial
GFPs.
• Inadequate human and financial resources.
• Lack of co-operation from some senior managers.
• The need for capacity building in the provinces.
• The lack of a staff retention strategy at both national and provincial
level.
- Department of Home Affairs (DoHA)
9.1 Structure The GFP in the Department of Home Affairs comprises a person appointed at the level of an assistant director. This person is also responsible for the portfolios of disability, children’s rights, youth affairs and ‘other add- ons’. The assistant director reports to the deputy director of business process management. The Department does not have GFPs at provincial level.
- Budget
There is no dedicated budget for gender programmes. The GFP utilises the budget of the Business Processes Management Section.
- Policy and Gender Action Plan
The GFP does not participate in the development of policies and in selection and procurement processes in the Department.
- Gender Mainstreaming
The Gender Focal Person has developed programmes, which are aimed at mainstreaming gender into the work of the Department. It appears as if though these programmes are merely proposals at this point. This needs to be clarified.
- Programmes
The only programmes listed in the report are those that have been recommended to mainstream gender into the work of the Department. It appears as if though these programmes have not yet been implemented and that they are merely proposals at this point. This needs to be clarified.
Recognition of Customary Marriages Act
The GFP recommended that programmes be implemented to strengthen the implementation and popularisation of the registration and recognition of the Customary Marriages Act. Public awareness programmes on fraudulent marriages are also proposed.
Immigration Act
A programme that facilitates the collation of submissions on legislation relating to cross border and international trafficking and public awareness in this regard is proposed.
Refugee Act
There is a need for programmes that highlight the plight of women refugees and that commemorate World Refugee Day. These programmes should be conducted in partnership with civil society so as to educate the public on xenophobia. An investigation of the feasibility of establishing special refugee centres for women and children needs to be conducted.
Departmental Women Empowerment Initiative
Internally, the Deputy Minister of Home Affairs has launched the Women’s Empowerment Initiative on 15 August 2003. The initiative aims to enhance the skills and qualifications of all women employees, to assist women employees to develop self-esteem and to monitor gender considerations in the selection and procurement process.
- Staff Component
Not reported.
- Achievements
No achievements are listed in the report. The report makes no mention of the gender-related work done by the GFP other than the proposal highlighted above. The outputs of the GFP would need to be tracked and documented.
- Challenges
The challenges that the GFP faces in meeting its objectives have not been identified.
- Housing
10.1 Structure
The Department has an internal and external gender focus. A deputy director in the Human Resources Management Directorate deals with the internal gender issues. A deputy director in the Directorate Human Settlement Policy and Integration deals with gender issues as it pertains to the external housing policy issues. However, gender mainstreaming is not the only function of these officials as they are also responsible for disability issues, HIV and AIDS, children, youth, the elderly, employment equity, service delivery and developing human settlement policies. Both deputy directors report to their directors in the respective directorates.
10.2 Budget
The Department does not have specific gender budgets for the GFPS.
The deputy director: Transformation has an all-inclusive budget of R2 million, within which gender related issues are addressed.
10.3 Policy and Gender Action Plan
The Department’s report does not indicate whether there is an operational gender policy and action plan.
10.4 Gender Mainstreaming
The Department’s report indicates that gender programmes are aimed at mainstreaming gender within the internal programmes and the Department’s housing policies and programmes. It does, however, not indicate whether there is an operational gender mainstreaming strategy in place.
10.5 Programmes The Department has no stand-alone programmes but it reports that gender mainstreaming is done in both its internal and external programmes. These gender mainstreaming activities form part of other activities such as employment equity, service delivery or the housing subsidy programme. Monitoring and evaluation is noted as being an important aspect of the work.
• In 2003/04 research on integrating gender in housing and human
settlements were undertaken – R160 000.
• Workshop on women in housing – R60 000. The aim of the workshop was
for the Minister to engage with stakeholders on issues and challenges
that women in housing are facing as consumers as well as service
providers. This information will form the basis of a gender programme
that the Department will develop.
• The housing subsidy programme targets female-headed households and as
at September 2003, slightly more than 50% of the approved subsidies
was allocated to female-headed households.
• As at September 2003, 83 projects countrywide included women as
developers or contractors. The total subsidy value is approximately
R850 million.
• The Department has approved a project where at least 10% of the
provincial housing budget allocation should be utilised by projects
that are undertaken by female developers or contractors.
10.6 Staff component
This information is not supplied in the report.
10.7 Achievements
The Department’s report does not indicate any specific achievements other than those indicated for the programmes.
10.8 Challenges
Challenges are not addressed in the report.
- Independent Complaints Directorate (ICD)
The mandate of the Independent Complaints Directorate (ICD) in terms of the Domestic Violence Act is to monitor the implementation of the Act by the South African Police Services and the Municipal Police Services. The Domestic Violence Act makes provision for the ICD to submit a report to Parliament every six months regarding the number and particulars of matters reported to it.
The report submitted by the ICD does not, however, give substance to its strategies for monitoring the implementation of the Act. Further information in this regard needs to be elicited.
11.1 Structure
The GFP in the ICD is located in the sub-directorate of Human Resource Management and reports to the deputy manager of Human Resource Management. The GFP comprises a Special Programmes Officer and special programme representatives, located in each of the 9 provinces. The GFP is responsible for internal gender awareness, stakeholder collaboration and training. The nature of this training is not specified. The GFP is a member of the national office management, senior management and special programmes committees. The role of the GFP is to report on gender and other special programmes at these meetings. The nature of ‘other special programmes’ is unclear.
11.2 Budget
A budget of R 66 000 has been allocated to both internal and external special programmes.
- Policy and Gender Action Plan
The ICD has an approved ‘Gender Policy’ since March 2001. Policies on gender, selection, recruitment and equity have been developed. These policies were forwarded to all staff for their input before being approved. The following project objectives constitute part of a strategy to implement the National Gender Policy Framework:
• To monitor the implementation of the Domestic Violence Act.
• To actively participate in the 16 Days of Activism on No Violence
Against Women and Children.
• To employ more women in senior positions.
• To revise the current internal policy on gender.
- Gender Mainstreaming
The report does not indicate how gender is mainstreamed into the work of the ICD.
11.5 Programmes 11.5.1 Internal
• Staff Development
The ICD encourages all staff to attend conferences, training and information sessions on gender issues and national gender machinery meetings. During August, all offices participated in dialogues on issues that affect women. The aim of these dialogues was to get both men and women to engage on gender-related issues. A report on the dialogues has been compiled and has been forwarded to the OSW in September 2003.
• Systems Development
Systems have been developed for monitoring how gender equity in the ICD is being promoted. The ICD has two internal standing committees, the Special Programmes Committee and the Equity Committee that meets quarterly and part of their mandate is to monitor progress made in this regard. Matters pertaining to gender equity are also reported on to management at senior management meetings and national office management meetings.
The ICD also monitors the implementation of the Domestic Violence Act. The Communications component is responsible for community outreach initiatives. A quarterly newsletter on special programmes is also produced and one of its goals is to give coverage to gender issues.
• Health Care and Rehabilitation
The report makes note of the fact that a number of employees have been referred to health care facilities. The objectives of this initiative and its relevance for impacting positively on gender relations are not clear and needs to be clarified.
• Education
The ICD ensures that equal opportunities are provided to all employees for the furthering of education.
11.5.2 External
• Public Education and Awareness Raising
The ICD strives to play a proactive role in sensitising communities on the Domestic Violence Act. Vulnerable communities in rural and farming areas and informal settlements are the main target groups. This is done through campaigns run during the 16 Days of Activism of No Violence Against Women, the Imbizo Focus Weeks and the Public Service Week. The ICD also makes use of a newsletter, information boards, information sessions, training and other calendar events to disseminate information on gender-related issues.
- Staff Component
The following information is provided with respect to staffing:
Staff Complement as at 31 October 2003
| Total Female Staff | Total Male Staff | Total Staff |
| 58 | 63 | 121 |
| Total female staff | Total male staff | Total staff employed |
| employed at salary | employed at salary | at salary level 9 and |
| level 9 and above | level 9 and above | above |
| 12 | 24 | 36 |
- Achievements
The report does not make specific mention of the achievements of the GFP.
- Challenges
No challenges are identified in the report.
- Justice and Constitutional Development
12.1 Structure
The GFP is a directorate located in the office of the Director-General. The organogram of the Director-General’s office is in the process of being finalised and it is envisaged that the Director of the GFP will report directly to the Director-General. The positions in the Directorate are that of director, deputy director, legal administrative officer, administrative officer and an administrative clerk. Not all the positions are filled due to a bargaining chamber resolution.
The Department furthermore has a National Gender Forum, which consists of the GFP coordinators from the Provincial Gender Forums, representatives from the Head Office Gender Forum and the Gender Directorate.
Functions of the GFP
• Ensure the ongoing development of the gender policy.
• Mainstream gender into policy development.
• Monitor and facilitate the implementation of the gender policy.
• Drive the gender budget process within the Department.
• Facilitate the establishment of regional gender sub-structures.
• Facilitate the relationship between the Department and other
Government Departments and constitutional bodies within the national
gender machinery.
• Provide secretarial services to the National Gender Forum.
• Integration of gender equality analysis into, amongst others:
o Policy programme development
o Research
o Interpretations of judgements
o Legal advice
o Dispute resolutions
o Legal advice
Functions of the National Gender Forum
• To act as an advisory body and monitoring mechanism to ensure that
gender considerations are integrated into mainstream issues.
• To advise the Department on the integration of gender concerns into
mainstream policy and planning.
• To apply gender equality analysis tools in assessing and monitoring
the Department’s policies, legislation, procedures, practices and
programmes.
• To monitor progress in the implementation of the gender policy,
identify blockages and facilitate the process of redressing gender
imbalances in Departmental policies and practices.
12.2 Budget
From the Department: Administration R2 024 000 Projects R1 095 000 Total R3 119 000
Donor funding: European Union R3 000 000
12.3 Policy and Gender Action Plan
The Department does have a Gender Policy and Gender Action Plan.
12.4 Gender Mainstreaming
The Department has a gender mainstreaming strategy. Details of this strategy are captured below.
12.5 Programmes
| Programme | Sub-programme | Project | Progress |
| Sexual | Law reform | Sexual | The South African Law |
| Offences | Offences | Commission submitted a | |
| Substantive | report on sexual | ||
| Law and Sexual | offences (including a | ||
| Offences | draft bill) to the | ||
| Processes and | Minister in January | ||
| Procedure. | 2003. The Criminal Law | ||
| (Sexual Offences) | |||
| Amendment Bill is | |||
| currently before | |||
| Parliament. | |||
| Other discussion papers | |||
| being developed are on | |||
| adult prostitution and | |||
| stalking. | |||
| Sexual Offences | These courts have been | ||
| Courts | launched throughout the | ||
| country. An audit has | |||
| been conducted to | |||
| provide clarity as to | |||
| the status of all sexual | |||
| offences courts. | |||
| Domestic | Magisterial | The Gender Directorate | |
| Violence | guidelines on the | and a committee of 15 | |
| Domestic Violence | Magistrates assisted the | ||
| Act | Consortium on Violence | ||
| Against Women to develop | |||
| guidelines in the | |||
| implementation of the | |||
| Domestic Violence Act. | |||
| Multi-disciplinar | An integrated strategy | ||
| y training manual | on training was | ||
| on the Domestic | developed to address the | ||
| Violence Act | problem of inefficiency | ||
| in the implementation of | |||
| the Domestic Violence | |||
| Act in the entire | |||
| Criminal Justice System. | |||
| Training on the | Decentralised training | ||
| Domestic Violence | courses have been | ||
| Act | designed to counter the | ||
| problems of staff being | |||
| unable to attend | |||
| training. | |||
| Simplification of | The Consortium on the | ||
| the Domestic | implementation of the | ||
| Violence | Domestic Violence Act | ||
| application forms | simplified the domestic | ||
| violence protection | |||
| order applications | |||
| forms. | |||
| Maintenance | The | Appointments | Assistants to |
| implementation of | of assistance | maintenance officers | |
| the maintenance | to maintenance | have been appointed in | |
| system | officers. | 56 maintenance courts. | |
| The policy and | |||
| regulations for the | |||
| permanent appointment of | |||
| maintenance | |||
| investigators are being | |||
| finalised. | |||
| Training of | The Department, together | ||
| maintenance | with the Justice | ||
| investigators. | College, HJN Training | ||
| and Technikon Pretoria | |||
| have provided training | |||
| for maintenance | |||
| investigators. | |||
| Duties of | The duties of the | ||
| maintenance | maintenance | ||
| investigators. | investigators have been | ||
| established, The | |||
| Departments is also in | |||
| the process of | |||
| prioritising the | |||
| establishment of an | |||
| Information Support | |||
| Centre for maintenance | |||
| and related | |||
| investigations. | |||
| Baseline | A study was commissioned | ||
| costing | into the costing of the | ||
| Initiative in | appointment of | ||
| Maintenance | maintenance | ||
| Courts. | investigators. Five | ||
| reports evolved from | |||
| this and are being | |||
| considered. | |||
| Simplification of | A committee has been | ||
| maintenance | established to look at | ||
| application forms | the simplification of | ||
| maintenance forms. | |||
| Technical | Committee to | The function of this | |
| amendments to the | investigate | committee is to | |
| Maintenance Act | the execution | investigate the | |
| of orders | practical problems | ||
| under | experienced by the | ||
| Maintenance | maintenance court as it | ||
| Act. | pertains to the Chapter | ||
| 5 civil remedies as set | |||
| out in the Maintenance | |||
| Act. | |||
| Family Court | This committee was | ||
| sub-committee | established to implement | ||
| on drafting | some of the tasks geared | ||
| of technical | towards establishing | ||
| amendments | fully-fledged and | ||
| effective functioning | |||
| family courts. | |||
| Family Court | The Gender Directorate | ||
| process | leads this process, | ||
| mapping | which is aimed at | ||
| project | re-engineering the | ||
| systems in these courts | |||
| in order to automate | |||
| efficiencies. | |||
| The South | Tabling the | It was envisaged that | |
| African | Charter before | the Charter would be | |
| Charter of | Cabinet on 26 | tabled before Cabinet on | |
| Victims | November 2003 | 26 November 2003 and be | |
| Rights and | launched on 8 March | ||
| the Minimum | 2004. | ||
| Standards for | |||
| Service | |||
| Providers | |||
| Translation | The Domestic Violence, | ||
| of the Acts | Maintenance and | ||
| into 9 | Recognition of Customary | ||
| African | Marriages Acts have been | ||
| languages and | translated into 9 | ||
| Brail | African languages. These | ||
| Acts are also in the | |||
| process of being | |||
| finalised in brail text. | |||
| Service | Magistrates | A workshop was held to | |
| delivery | workshop inJuly | discuss service delivery | |
| improvement | 2002 | improvement in courts | |
| by judicial | regarding the | ||
| decision | prioritisation of | ||
| making | maintenance, domestic | ||
| project | violence, sexual | ||
| offences cases and court | |||
| management. | |||
| Developing other | |||
| guidelines | The Lower Court | ||
| Management Committee has | |||
| been tasked to develop | |||
| magisterial guidelines | |||
| in the implementation of | |||
| the Maintenance Act and | |||
| Child Justice Act. | |||
| Women | Recognition of | The Gender Directorate | |
| empowerment | Customary | was involved in a | |
| on justice | Marriages Act | 3-month radio talk show | |
| issues | radio talk show | on this Act. A plan of | |
| through | action will be produced | ||
| effective | based on the problems | ||
| communication | identified during the | ||
| programmes. | |||
| Amendments to | The Directorate was | ||
| regulations | involved in a process of | ||
| of the | insuring that | ||
| Recognition | regulations are amended | ||
| of Customary | to make the process of | ||
| Marriages Act | registering a customary | ||
| marriage easier for | |||
| women. | |||
| Mainstreaming | Mainstreaming | A study was conducted by | |
| Gender | Gender report | the Gender Directorate | |
| with the aims of | |||
| enhancing the | |||
| Directorate’s | |||
| effectiveness in working | |||
| with the leadership of | |||
| the Department to | |||
| accelerate gender | |||
| Mainstreaming | transformation. | ||
| Gender | |||
| Implementation | The Directorate has | ||
| Guidelines | developed guidelines to | ||
| assist the | |||
| Ministry/Department and | |||
| affiliated structures to | |||
| implement gender | |||
| equality analysis in its | |||
| entire business; | |||
| training will commence | |||
| Mainstreaming | in February and March | ||
| gender reporting | 2004. | ||
| protocol | |||
| The Directorate has | |||
| developed reporting | |||
| protocols to assist the | |||
| Minister and the | |||
| Director-General to | |||
| monitor the | |||
| implementation to gender | |||
| equality analysis by all | |||
| managers in the Ministry | |||
| / Department. | |||
| Gender Budget | Customer needs | The Gender Directorate | |
| Project | assessment tool | conducted a needs | |
| and report | assessment with its | ||
| customers in order to | |||
| develop gender budgeting | |||
| guidelines to assist the | |||
| Ministry / Department to | |||
| mainstream gender in all | |||
| aspects of its budget. | |||
| Gender budget | A gender budget | ||
| assessment tools | assessment tool has been | ||
| and report | developed to assess the | ||
| Department’s budget | |||
| allocation and | |||
| expenditure trends. This | |||
| was envisaged to be | |||
| conducted between 24 – | |||
| 28 November 2003. | |||
| Gender budget | |||
| implementation | The report from the | ||
| guidelines | assessment of the budget | ||
| allocation will lead to | |||
| the development of the | |||
| gender budget | |||
| implementation | |||
| guidelines. | |||
| Promotion of | The Act was enacted in | ||
| Equality and | February 2000. | ||
| Prevention of | |||
| Unfair | |||
| Discriminatio | |||
| n Act of 2000 | |||
| Equality Court | Thirty-three courts have | ||
| been identified for the | |||
| first phase | |||
| implementation. | |||
| Tertiary | Some tertiary | ||
| institutions | institutions have been | ||
| research | assisting the | ||
| programme | Directorate with | ||
| research, monitoring and | |||
| UCT: Consortium | evaluation. | ||
| on Violence | |||
| Against Women | Conducted research on | ||
| research | the implementation of | ||
| Domestic Violence Act in | |||
| Technikon South | the Western Cape. | ||
| Africa | |||
| Conducted research on | |||
| the experiences of black | |||
| women in the Maintenance | |||
| University of | Court. | ||
| Potchefstroom | |||
| Assisting with research | |||
| on constitutional | |||
| University of | development. | ||
| Witwatersrand: | |||
| Centre for | |||
| Applied Legal | Assisting the Justice | ||
| Studies | College with the | ||
| development of the | |||
| Recognition of Customary | |||
| Service delivery | Marriages Act bench | ||
| improvement | book. | ||
| through | |||
| partnership with | The Directorate held a | ||
| tertiary | seminar with tertiary | ||
| institutions | institutions to | ||
| conference, | establish a formal | ||
| September 2003 | working relationship. | ||
| A conference is | |||
| scheduled for February | |||
| 2004. | |||
| Transformatio | Research on | It focuses on the nature | |
| n of the | equalising | of current obstacles to | |
| Judiciary | opportunities | women’s equal | |
| within the | participation within the | ||
| judiciary between | judiciary. | ||
| men and women | |||
| Meeting with SA | A meeting was held to | ||
| women judges, | initiate the programme | ||
| October 2001 | and ascertain the | ||
| problems that women | |||
| judges are experiencing. | |||
| In order to address some | |||
| of the problems, laptops | |||
| were purchased to assist | |||
| women judges. The | |||
| laptops could not be | |||
| distributed as the | |||
| Minister, Deputy | |||
| Minister, and Chief | |||
| Justice said it was | |||
| discriminating against | |||
| men. | |||
| South African | A committee emanated | ||
| women judges | from this conference to | ||
| conference, | look at gender issues | ||
| October 2003 | within the judiciary, | ||
| and the establishment of | |||
| the Association. | |||
| Women in the | Four women judges and a | ||
| judiciary | chief magistrate have | ||
| transformation | been nominated to form a | ||
| committee | committee that will | ||
| focus on gender issues | |||
| and to establish a SA | |||
| Association of women | |||
| judges. | |||
| Employment | The Department is not | ||
| Equity | making sufficient | ||
| progress to ensure that | |||
| women are appointed to | |||
| senior and | |||
| decision-making | |||
| positions. | |||
| Women who | Application for | The Department has | |
| killed their | Presidential | appointed a researcher | |
| abusive | pardon | to investigate the | |
| partners | implications of granting | ||
| pardons. | |||
| A workshop will be held | |||
| with constitutional | |||
| experts in April 2004 to | |||
| discuss the | |||
| constitutional | |||
| implications of | |||
| presidential pardons. | |||
| Ratification | The Directorate is part | ||
| of the United | of an inter-departmental | ||
| Nations | task team looking at | ||
| Convention | this convention and its | ||
| Against | protocols. | ||
| Transnational | |||
| Organised | |||
| Crime | |||
| Development | The Directorate is | ||
| of a booklet | compiling a booklet, | ||
| on precedent | which discusses all | ||
| setting court | landmark decisions by | ||
| judgements | the Constitutional Court | ||
| and other courts that | |||
| hold significance for | |||
| women’s human rights. | |||
| Draft | The Directorate has | ||
| National | participated in the | ||
| Action Plan | drafting of a preface | ||
| Against | for this national action | ||
| Racism | plan. |
12.6 Staff component
| Post Class | African Male | African Female |
| 13 | 16 | 12 |
| 14 | 7 | 4 |
| 15 | 2 | 1 |
18.7 Achievements
The achievements of the GFP are not highlighted in the report.
18.8 Challenges The challenges faced by the GFP are not mentioned.
- Public Service Commission[9]
19.1 Structure
The GFP in the Department refers to an individual. A senior Human Resources Practitioner is responsible for all special programmes, including gender. This person report to the assistant director: Group Human Resources.
19.2 Budget
The Department has allocated a budget of R52 000 towards all special programmes for the 2003/04 financial year.
- Safety and Security – Secretariat[10]
20.1 Structure
The Secretariat does not have a GFP in place.
20.2 Staff component
The Secretariat has a staff compliment of 30. At the time of the presentation, there were 16 vacant positions in the Secretariat. Of the staff in management level, there is 1 deputy director and 4 assistant directors.
- Department of Science and Technology (DST)
21.1 Structure
The Science, Gender and Disability Unit was established in November 2002, and is responsible for the gender mainstreaming of line function programme delivery in the Science, Engineering and Technology (SET) sector. This unit only has an external focus and is managed by a manager who is appointed at a director level. The unit is also staffed with two deputy directors and a secretary. The deputy-directors have been in office since June 2003 and August 2003, respectively. The GFP reports to the general manager of Human Capital and Science Missions.
A Special Programmes Officer, appointed at a deputy director level and located in the Human Resource Management Section, is responsible for ensuring gender equity in terms of employment practices, training and staff development. This person is also responsible for organising commemorative events such as Women’s Day and the 16 Days of Activism Campaign. The Internal GFP reports to the general manager of Human Resource Management.
21.2 Budget
The following information was provided with respect to the budget:
| Project | Amount |
| South African Reference Group | R1 Million |
| on Women in Science and | |
| Technology (SARG) | |
| South African Women in Science | R1 Million |
| Awards | |
| Research Project | R260 000 |
| Administrative cost of unit | As necessary |
It was not stipulated whether the unit has its own budget or not.
21.3 Policy and Gender Action Plan
The internal gender programme has been involved in developing a sexual harassment policy.
The SET sector has identified a need for a Gender Equity Mainstreaming Policy. It is envisaged that this policy will capture the following themes:
• Human capital development, with specific focus on the development
of women.
• Research agenda that reflects the needs/interests of women leading
to an improvement in their quality of life and allowing them to be
involved in wealth creating entrepreneurship.
It is anticipated that this policy should be available for public debate by mid-2004. 21.4 Gender Mainstreaming
As part of an attempt to recognise the need to mainstream gender, the DST has firmly entrenched this concept in the National Research and Development Strategy that was approved by Cabinet in 2002. The objective here is to mainstream gender into all research agendas to ensure that women are viewed as potential end-users and/or beneficiaries with a resultant improvement in the quality of their lives and in their communities.
The Science, Gender and Disability Unit focuses on achieving gender mainstreaming in two ways:
• Human capital development in a holistic manner by addressing the
educational pipeline issue for the girl child and the
recruitment, retention and development of women in Science,
Engineering and Technology.
• Ensuring that research agendas of publicly funded institutions
reflect the needs and interests of women.
In September 2003, the Science, Gender and Disability Unit set up a two- phased process aimed at achieving organisational transformation and the inclusion of gender sensitivity in all line function programmes to promote the mainstreaming of gender in the DST. The first phase involved a set of focused interviews of seven senior managers by an external gender consultant to obtain an understanding of the organisational culture, work environment and core activities of the individual programmes. The interviews were followed by a one-day gender sensitivity and gender mainstreaming workshop to which all senior managers were invited. The final report on the outcomes and recommendations of the interviews and workshop is still in the process of being drafted.
21.5 Programmes
• Human Capital Development Plan
An engendered human resource development plan is crucial to the achievement of an improved quality of life and wealth creation for women. This plan strives to address the following issues:
• Identify impediments to progress in Science, Engineering and
Technology.
• Identify needs/deficits of the science, engineering and technology
sector in attracting and retaining women.
• Identify and develop appropriate rewards and recognition systems
• Monitor survival and progress at institutions.
• Analyse the impact of (or lack of) mentoring and coaching roles of
senior women researchers and businesswomen in the technology sector
as role models and high achievers.
Establishment of engendered research agendas
The principle objective of establishing engendered research agendas is to improve the quality of life of women and to enable women to be involved in wealth creation. The three major areas in which the quality of life of women can be improved are through:
• Women’s health
• Women’s role in society
• Women’s safety and security
South African Reference Group on Women in Science and Technology
The Research and Development Strategy of the Department of Science and Technology articulates a clear position on the empowerment of women and a need for their meaningful participation and contribution in the development of research and development in South Africa. Wide consultation with key stakeholders at various forums determined that the vehicle to achieve gender mainstreaming is through the appointment of a South African Reference Group on Women in Science and Technology (SARG).
The following key objectives have been set for the SARG:
• Assist the National Advisory Council on Innovation (NACI) to
promote a research agenda, including influencing funding that will
improve the quality of life of women.
• Assist NACI to promote innovation that will allow women to make a
greater contribution to wealth generation in South Africa.
• Provide advice on developing mechanisms that will increase the
participation and contribution of women in science and technology.
• Highlight role models that promote women’s entry and advancement in
science and technology.
• Monitoring role in tracking institutional impact.
• Equity Audit of Science Councils
In 2002, the Science, Gender and Disability Unit undertook an audit that sought to uncover how the various Science Councils responded to the challenge of addressing equity issues in their respective organisations. This baseline audit of the Science Councils was to provide basic data on the availability of resources and the progress attained in some areas towards transformation. The study has been set within the framework of corporate governance.
• South African Women in Science Awards
The South African Department of Science and Technology has created recognition awards to celebrate “Women in Science”. This was a direct response to the vision encapsulated in the National Research and Development Strategy of ultimate improvement in the quality of life of all South Africans.
• Research Project on Gender Equity in Science and Technology
The Science, Gender and Disability Unit commissioned research to inform DST and the SARG on the status in Science Councils and Higher Education Institutions of the following: • The number of women scientists and engineers and their qualifications. • Special policies and programmes for development of women in SET. • Preferential funding mechanisms for grants for women in SET. • Research agendas/projects being developed with a gender perspective that sees women as beneficiaries/end users.
SARG Website and On-Line Discussion Forum
The SARG website was officially launched on Youth Day in 2003 and its main purpose is to inform the public of gender-related developments in SET and the activities of the SARG. The site also serves as a portal for discussion forums. A closed forum allows for discussions between SARG members. An open forum allows individuals from the scientific community and the general public to enter into discussion and debates with each other, SARG, DST and NACI on issues relating to gender mainstreaming in SET within the broad themes of human capital development and research agendas. The themes and lessons arising out of these forums will be used to inform other gender equity initiatives such as conferences and research endeavours.
Poverty Relief Programme
The Technology for Poverty Alleviation Programme is one of the initiatives within the Poverty Relief, Infrastructure Investment and Job Creation Programme, which was approved by the Ministers’ Committee on the Budget (MINCOMBUD). The programme focuses on the transfer of available technologies to communities to enhance the use of local resources and indigenous knowledge to stimulate economic activity. Many of these projects have been implemented in poverty nodes as identified by the Integrated Sustainable Rural Development Programme (ISRDP). Technology partners follow a holistic approach to poverty relief, focusing on technology as one component to contribute towards the economic empowerment of previously marginalised groups and communities, with special emphasis on women. 21.6 Staff Complement Not reported. 21.7 Achievements No specific achievements are reported. 21.8 Challenges No challenges are reported.
- Department of Social Development (DoSD) 22.1 Structure
The GFP in the Department of Social Development is a sub-directorate and is staffed with a deputy director and one contract worker. The GFP is located in the Director-General’s office and has been placed under the Directorate of Executive Support. It reports to the chief director of corporate services.
22.2 Budget
R 580 000 was allocated to the GFP for the 2003/04 financial year.
22.3 Policy and Gender Action Plan
No mention was made of work done in this regard.
22.4 Gender Mainstreaming
Overall, no mention was made of this aspect of the work of DoSD. However, mention was made of the fact that no clear indicators have been developed to ensure effective gender mainstreaming into the Department’s programmes.
22.5 Programmes
• Training
Training is provided on legislation such as the Domestic Violence Act (Act No 116 of 1998) and the Maintenance Act (Act No 99 of 1998). Training is further provided on international and regional treaties such as the Beijing Platform for Action (BPA), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the South African Development Community Declaration, National Gender and Policy Framework and more broadly on issues such as sexual harassment, self defence and sensitising men to gender issues. The target group of this training was not given.
• Gender Advocacy and Awareness Programmes
This programme entails the commemoration of National Women’s Day, International Women’s Day, 16 Days of Activism and the International Women’s Day for Peace.
22.6 Staff Complement
Not reported.
22.7 Achievements
No achievements are listed.
22.8 Challenges
No challenges are listed.
- The South African Police Services (SAPS)
23.1 Structure
The deputy national commissioner manages the Gender Focal Point in SAPS. Internally, the Divisional Commissioner: Career Management is the custodian of internal gender-related issues. Externally, the divisional commissioner crime prevention is responsible for the gender-related work of SAPS.
23.2 Budget
The SAPS budget makes provision for the activities and programmes conducted to address gender issues. The amount allocated is not stipulated.
24.3 Policy and Gender Action Plan
A Sexual Harassment Policy has been developed and popularised amongst staff.
24.4 Gender Mainstreaming
This is not indicated.
24.5 Programmes
24.5.1 Internal programmes • Women’s Empowerment Sessions
‘Women’s Empowerment Sessions’ were conducted in all nine provinces. These sessions were motivational sessions for women in SAPS. It is thought that they resulted in more women applying for middle and senior management posts. Gender structures were also established as part of this process. The role of these structures was not clarified. These gender structures have undergone training. The purpose and content of this training is unclear.
Exhibitions
Exhibitions were held at the specialised units during the Women’s Day celebrations at the Pretoria West College. The purpose of this was to expose women to the specialised units with the aim of stimulating interest in them, given that they are male dominated.
• Bridging programme/ recruitment strategies
A bridging programme has been established at the Special Task Force to ‘accommodate the disadvantaged’. The nature of, objectives and the ways in which this programme benefits women are not clear.
Recruitment strategies in 2004 in the Special Task Force will focus specially on women.
Launch of the Women’s Network
The Women’s Network was launched to facilitate communication and the flow of information amongst women in leadership positions and the sharing of best practices. It is unclear whether this network only focuses on internal gender issues.
Calendar Events
The celebration of National Women’s Day with related activities took place in the provinces and divisions. It was envisaged that men will run the campaign during the 16 Days of Activism.
• Sexual Harassment Survey
A survey on the prevalence of sexual harassment in SAPS has been conducted. The final report will be used to determine whether the current policy has been effective and whether there is a need for further interventions.
• Affirmative Action Programme
An ‘Entering Leadership Programme’ has been initiated. Seventy percent of the participants in 2003 were women. The purpose and method of this programme was not clarified. Numeric targets in terms of gender have also been set as per the SAPS Employment Equity Plan. The overall representation of women in SAPS in 2003 is 26%.
• Training
At middle management level, a total of 27 441 women were trained. A total of 110 women received bursaries.
25.6 Staff Component
Numeric targets in terms of gender have been set as per the SAPS Employment Equity Plan. The following table provides information on the numbers of women in SAPS over the past four years:
| Year | Men | Women |
| 2000 | 79% | 21% |
| 2001 | 77% | 23% |
| 2002 | 75% | 25% |
| 2003 | 74% | 26% |
25.7 Achievements
Achievements of the GFP are not specified.
25.8 Challenges
No challenges are listed.
- South African Sports Commission
26.1 Structure In terms of the ‘Women, Sport and Recreation Policy Guidelines’, the South African Sports Commission (SASC), together with the provinces, have agreed that the Committee on the Transformation of the South African Sports Commission’s (SASC) Board, will take responsibility for the overall strategic direction and policy framework on all matters pertaining to women and sport. A Commissioner will chair this committee. Co-ordinators for women and sport will provide assistance to this committee. The main responsibilities of the co-ordinators will be to initiate, implement and oversee all operational issues.
The provincial forums will take responsibility for:
• Advising the co-ordinator on equity issues.
• Implementing the policy.
• Initiating and implement women and sport projects.
• Assisting in dispute resolution.
• Hosting information dissemination sessions.
• Sharing ideas and addressing key issues.
• Assisting with equity research.
• Ensuring that key role players establish equity desks.
• Addressing cultural dynamics.
26.2 Budget
R100 000 was received in the 2003/04 financial year. It is unclear whether this budget is intended solely for gender-related initiatives in sport or whether it caters for a broader range of activities.
26.3 Policy and Gender Action Plan
Policy guidelines have been developed on women, sport and recreation. In terms of these guidelines, the SASC has to submit a women and sport policy document and business plans and budgets for related projects to the SASC’s Board Committee on Transformation. A document that sets out the framework and strategic direction for all issues pertaining to women, sport and recreation must also be submitted to this committee.
26.4 Gender Mainstreaming
Although the policy guidelines on women, sport and recreation indicate that gender mainstreaming should be one of the key performance areas of the SASC, no further information is provided on the strategies for so doing.
- Programmes
The following projects are listed in the SASC report:
• Gender training workshops on life skills, capacity building and
mentorship. The target of this initiative is not mentioned.
• Establishment of forums in the provinces (no further information
provided in this regard).
• Research on women, sport and recreation. The exact nature of the
research is not stipulated, yet reference is made to the fact that
data is being collected on the trends of participation of women in
sport.
• Support for girl child programmes such as leadership/peer group
courses.
• Commemoration of calendar events such as Women’s Day and Disability
Month.
26.6 Staff Complement
Not reported.
26.7 Achievements
Not reported.
26.8 Challenges
The following challenges are listed: (Note that the exact nature of the challenges were not clarified).
• Budgetary constraints.
• Lack of sponsorships.
• Lack of support from male counterparts.
• Lack of support from families and partners.
• Minimum media support.
• Cultural dynamics.
• Pregnancy in sport and taboos relating to this.
• Women’s sport being trivialised, criticised and not taken seriously.
• Codes such as netball being dubbed ‘Cinderella sports’.
• Some codes seen as being masculine.
- Department of Trade and Industry (DTI)
27.1 Structure
Before the current unit came into existence, a Gender Desk had been set up in 1998, which was transformed into a Gender Unit in 2000.
The Gender Focal Point in the Department of Trade and Industry is currently called the Gender and Women’s Empowerment Unit, set up in 2003. The unit is staffed with a director who reports to the Deputy Director-General. A chief director post has been created, but is still to be confirmed.
27.2 Budget
The internal administration of the Gender and Women’s Empowerment Programme is allocated R1,5 million annually. The South African Women Entrepreneurs Network (SAWEN) is budgeted at R 2 million and R 6 million is allocated to Technology for Women in Business (TWIB).
27.3 Policy and Gender Action Plan
One of the initiatives of the unit has been to revise the Gender and Women’s Empowerment Policy and Strategy framework. No further information in this regard is provided.
A Gender and Women’s Empowerment Committee has been set up to monitor the impact of policies.
-
Gender Mainstreaming No mention is made of the mainstreaming of gender into the work of the Department.
-
Programmes
• Launch of the ‘Women’s Forum Annual Conference and Awards’. • Facilitated a process for growing and supporting women’s enterprises through SAWEN. A committed budget has been secured for SAWEN groundwork. SAWEN provincial chapters have been launched in the Eastern Cape, KwaZulu-Natal, Gauteng, Bloemfontein, North West, Northern Cape and Limpopo. • Hosted the national technology for ‘Women In Business Conference’ for 2003. • Commissioned a study to assess the national status of South African women entrepreneurs.
-
Staff Complement
Not reported.
- Achievements
The following achievements are listed:
• Developed a business plan with milestones and incorporated this as
part of the divisional strategic plan.
• Secured a gender budget as well as separate budgets for various
initiatives.
• Launched the DTI internal clinic providing medical and counseling
services specifically for women.
• Engaged with the private sector to support a women’s entrepreneurship
programme (JSE, APDF, BMF and ABSA are participating partners).
• Supported the Spousal offices (the nature of is achievement is not
made clear).
27.8 Challenges
The following challenges have been identified:
• The need for additional financial resources.
• The need to increase staff capacity.
• The need to implement the ‘Gender and Women’s Empowerment Policy and
Strategy Framework’ throughout the DTI.
• The need to increase women’s support and design in relation to
financial and non financial schemes.
- Department of Water Affairs and Forestry
28.1 Structure
Gender issues are managed by the Equity Programmes, which resides within Human Resource Management. This sub-directorate also manages issues relating to disability, youth and children, and employment equity. The Gender Focal Point reports to the Director Human Resources Management.
28.2 Budget
The budget is located within the Human Resource Management Directorate’s budget. The amount allocated to gender-related work is not specified.
28.3 Policy and Gender Action Plan
The Department’s Gender Policy was developed to promote gender equity and equality in the fields of water and forestry and to honour national and international legislation calling for gender equity and equality.
This policy document outlines the status of gender-related issues in the Department. It also outlines the important gender principles that recognise and address the conditions that mitigated against women taking their full part in society, ending discriminatory practices and according special recognition and treatment to women as a means towards addressing the imbalances of the past.
Apart from the Gender Policy, the Department has also adopted an Anti- Sexual Harassment Policy as the department believes that it is its duty to provide a work environment that is free of sexual harassment. The policy applies where sexual harassment has occurred in the work environment.
The Department has developed a draft gender action plan. This document is an implementation plan that details what will be done, how it will be accomplished and who is responsible. Although the intention of this document is very clear, it has been seriously affected by capacity problems in terms of taking it forward, specifically with regard to awareness raising, implementation and monitoring.
28.4 Gender Mainstreaming
The Gender Policy outlines both the internal and external goals and objectives for gender mainstreaming. One of the goals is to ensure the equal participation and involvement of women and men in decision-making on all projects undertaken by the Department. The policy then reflects the structure responsible for implementation and also outlines the national and international instruments supporting gender equality and/or mainstreaming.
28.5 Programmes
• Representation in project structures
Water projects were managed through local project steering committees. The Department requires that their membership consist of 30% women, which has been complied with. With the handover of responsibilities to local government, the 30% target is still being applied. In all institutions for which the Department has oversight and where the Minister is responsible for appointments of the Board, adequate gender representation is promoted.
Celebration of calendar events
For the past year, the Department has successfully celebrated and participated in the National Women’s Day, the 16 Days of Activism on No Violence Against Women and Children Campaign and International Women’s Day. The last gender-related event that was celebrated was the ‘Women in Water Awards’ celebration.
Water Resources Management Branch Progress
The Department has undergone a process of transformation, which has resulted in the establishment of a gender component in the Stakeholder Empowerment Unit in the Water Resources Management (WRM) branch.
During the Earth Summit in August 2002, the Department of Water Affairs and Forestry made a commitment to work in partnership with the Gender and Water Alliance (GWA). This would entail the development of training modules for ensuring gender mainstreaming in integrated water resources management.
In the development of the Levhuvhu River Government Scheme, local women were trained in concrete technology, catering, bookkeeping, minute taking and facilitation. Those trained in concrete technology have been employed in the scheme, and local women now cater for project meetings. In such initiatives, sustainability is a challenge, and only co-operative governance could be a means for ensuring poverty alleviation in these areas after the completion of projects. The Department has been supporting the ‘Water for Food Movement’, which is an association of rural women who use water-harnessing mechanisms, in order to have enough water for their communal vegetable gardens.
A gender analysis of the water sector is currently underway. Some of the water management institutions are being analysed. A gender mainstreaming strategy will be developed, implemented and monitored.
• Water Services Programme Progress
o Awareness raising and training programmes were rendered to project implementing agents and management staff in the Department, and district municipalities in KwaZulu Natal, Limpopo, Eastern Cape, and North West. The aim was to assist managers and implementing agents understand relationship between gender and sustainability and ensure that these get addressed within project cycles. o Establishment of units to address gender within the Department and the water services sector. This has been achieved in Eastern Cape, Limpopo and North West. o The development of a draft gender mainstreaming strategy in the Eastern Cape. o Started a process of development of gender key performance indicators for integration into the monitoring and evaluation system. o Started a process of developing a sector gender mainstreaming strategy. o Assumed a leading role in the “ Take a Girl Child to Work” project, sponsored by Cell C.
28.6 Staff Complement
The following information was provided:
| Period | Male | Female |
| 1999-2000 | 16 385 (71%) | 6 554 (29%) |
| 2000-2001 | 15 548 (71%) | 6 403 (29%) |
| 2001-2002 | 14 539 (71%) | 5 841 (29%) |
| 2002-2003 | 12 912 (70%) | 5 553 (30%) |
28.7 Achievements
No specific achievements other than those identified in the programmes listed above, have been identified.
28.8 Challenges
No challenges have been identified other than the fact that the implementation of the Gender Action Plan has been seriously affected by capacity problems.
Section Three: Analysis of Submissions
Office on the Status of Women
- Structure
1.1 Capacity of OSW in terms of staff complement
The table below indicates the staff complement of the OSWs in the provinces:
| OSW | No. of | Position(s) |
| positions | ||
| Eastern Cape | 3 | Deputy director, assistant |
| director, administrative | ||
| officer. | ||
| Free State | 6 | Deputy director, assistant |
| director, administrative officer | ||
| (2), messenger and secretary. | ||
| KwaZulu-Natal | 3 | Deputy director, assistant |
| director and administrative | ||
| officer. | ||
| Gauteng[11] | 3 | Deputy director, assistant |
| director and administrative | ||
| officer. | ||
| Mpumalanga | 12 | Deputy director, assistant |
| director (2), chief community | ||
| liaison officers (3), community | ||
| liaison officer (3), and | ||
| administrative clerk (3). | ||
| North West | 7 | Director, assistant director |
| (3), administrative officer, | ||
| office manager and | ||
| administrative clerk. | ||
| Western Cape | 1 | Deputy director. |
From the above table, it is evident that OSWs vary in the number of people staffing the offices. This ranges from 1 position in the Western Cape to 12 posts being available on the organogram of the Mpumalanga OSW. A number of vacancies were reported in the OSWs. These include the position of the deputy director in KwaZulu-Natal and half of the positions in the Mpumalanga office. The vacancies in both the KwaZulu-Natal and Mpumalanga office is of serious concern, as it impacts on the Offices’ ability to deliver.
The shortage of staff in the Western Cape OSW is another grave concern. The capacity of human resources no doubt impacts negatively on the fulfilling of the functions of the OSW. It is difficult to see how this OSW can meet its mandate with only one staff member employed. Another concern is with the seemingly skewed staff distribution in the Free State. The Free State OSW appears to be heavily staffed in an administrative capacity and less so with staff carrying out programmatic functions. The reasons for and effectiveness of this should be further investigated.
The report submitted by the North West is unclear as to whether the positions all have gender responsibilities. It was indicated that the director is also responsible for disability issues. Thus, the question arises as to whether the administrative staff support functions other than gender issues.
1.2 Location
The Gender Policy recommends that OSWs be established within provinces and be located in the Offices of the Premiers. The Mpumalanga, KwaZulu-Natal and North West OSWs indicated that they are based in the recommended office. Although Gauteng indicated the Directorate that the new Gender/HIV structure will report to, it is unclear whether the Directorate will be located in the Premier’s office. Three OSWs (Eastern Cape, Free State and Western Cape) did not indicate the location of their offices.
1.3 Level of Appointment
Most of the OSWs (6) indicated that the position of head of the OSW (or in the case of Gauteng, head of the programme) was at deputy director level. As indicated earlier, 2 of these were vacant (KwaZulu-Natal and Gauteng). Only the North West reported that the OSW is headed by a director. As was also indicated previously, other than gender responsibilities, this position also has the responsibility for disability issues.
In 3 of the OSWs, the deputy director or director is assisted by at least 1 assistant director (Eastern Cape, Free State and KwaZulu-Natal). The Mpumalanga OSW reports having 2 assistant directors while the North West has 3 assistant directors, of which 1 position is vacant.
Whilst the Gender Policy does not make specific reference to the level at which provinces should appoint OSW coordinators, it stands to reason that positions should be at the level where the person can influence decision- making and have the necessary level of authority to monitor gender goals and take action should this be the case.
1.4 Functions of the OSW
The Gender Policy identifies clear areas of foci for the provincial OSWs. These are:
• To develop a gender policy and plan of action (in line with the national policy). • To coordinate the activities of other role-players and stakeholders.
Given the functions of the OSW, it would thus also be responsible for co- ordinating the activities of GFPs in Departments and to some extent, the establishment of the GFPs in provincial Government Departments.
Other than report on the GFPs, the OSWs were not asked to report on the functions of the OSW. However, all but Gauteng reported on the programmes undertaken by the provincial Departments. The fact that Gauteng had not reported could possibly be ascribed to the Province not having an Office on the Status of Women. From the data collected, most provinces were thus able to report on the status of GFPs within Departments and to indicate where Departments had not been able to establish GFPs. Provincial GFPs will, however, be discussed in a different section of the report.
- Budget
Only 3 OSWs (Eastern Cape, KwaZulu-Natal and the Western Cape) provided some information on their budgets. These are indicated in the table below:
| Province | Amount |
| Eastern Cape | R1.2 million (2003/04). |
| Free State | Not available. |
| KwaZulu-Natal | R1.6 million (the financial year is not |
| known). | |
| Gauteng | Not available. |
| Mpumalanga | Not available. |
| North West | Special Programme Directorate has a |
| budget from which the OSW is allocated | |
| funds. | |
| Western Cape | Policy Development and Research - R15 000 |
| (2002/03). | |
| Capacity building - R50 000 (2003/04). | |
| Public Education - R285 000 (2003/04). | |
| Coordination of gender machinery - R350 | |
| 000 (2004/05). |
Mpumalanga and the Western Cape mentioned budgetary constraints in the OSW as one of the reasons why positions were not filled. Furthermore, Mpumalanga indicated that they are often given additional mandates, which are not funded. The Free State indicated that the budgetary allocation to their offices was far less than the allocation of the Youth Directorate in the province. This touches on the issue of prioritisation, and begs the question of whether gender equality is being given the necessary prioritisation.
Whilst the OSWs in the Eastern Cape and KwaZulu-Natal may appear to be getting a substantial amount of financial resources, it is necessary to ascertain what percentage of that amount goes towards the operations costs of programmes and the percentage that is allocated towards administrative functions such as salaries and infrastructure. At this point, it is not clear as to whether the amount is sufficient or not, but it is often the case that administrative expenditure outweighs the programmatic costs. This has serious impact on the output of the programmes. Furthermore, in his 2003 State of the Nation address, the President indicated that more funds would be allocated towards gender. It would need to be established whether this was indeed the case.
The Gender Policy does not refer specifically to the allocation of resources for provincial OSWs. However, it is imperative that adequate resources are made available to the provinces for them to give effect to their mandates. This requires an adequate allocation of financial resources to allow for the effective coordination, monitoring, networking and technical support required by the Office, as well as adequate financial allocations for programmes.
- Policy and Gender Action Plan
3.1 Developing policy
The Gender Policy clearly states that one of the provincial OSW functions is to develop a provincial gender policy and plan of action. This provincial policy should be in line with the national policy. As mentioned elsewhere in the report, one of the limitations of the hearings was that very specific questions (and thus limiting responses) were posed to OSWs. Many of the OSWs thus chose to answer the questions without any elaboration on any other issues. Within this report, it is thus difficult to report conclusively on the issue of the development of gender policies within the OSWs. Reference was made in some provincial reports to Gender Policies but very little detail was given on this. Hence, additional information is required from OSWs.
The reports show that Gauteng has a provincial Gender Policy in place. Two other provinces, namely Western Cape and KwaZulu-Natal indicated that draft policies are available. The Free State and the Eastern Cape make reference to undertaking activities to promote the gender policy. As no further information was provided on these gender policies, it is unclear whether the activities that they are undertaking is in relation to a national or provincial gender policy. This information needs to be sourced from the provinces. The OSWs of Mpumalanga and the North West did not indicate if the province has a Gender Policy or if one is being developed.
3.2 Gender Action Plan
Gauteng was the only province that referred to a provincial gender action plan. The Free State’s report mentioned a developmental plan and the North West OSW stated that they had developed a business plan, which was aimed at integrating gender programmes in Government. As no further information was provided, it is unclear whether these plans can be equated with a gender action plan. This would need further investigation. KwaZulu-Natal is in the process of developing a gender action plan. For most of the other provinces, this information was not available and requires further investigation. 3.3 Gender Audits
The OSWs in the Eastern Cape, KwaZulu-Natal and the North West mentioned that their provinces had undertaken gender audits and in the case of the Free State, developed monitoring tools. The gender audit in the Eastern Cape led to the development of a gender mainstreaming strategy and an empowerment of women coordination framework.
The Gender Policy recommends that provincial machineries should be structured and reflect those in the national machinery. One of these functions that should be mirrored is the development of indicators to measure progression towards gender equality. The gender audits undertaken by the aforementioned 3 OSWs thus squarely fall within the ambit of the provincial OSWs’ work. It should be ascertained what the OSWs progress has been towards the development of indicators to measure provincial progression towards gender quality.
- Gender Mainstreaming
Gender equality in all institutions of government can only be attained if a rigorous process of gender mainstreaming occurs (National Gender Policy). Therefore, it is the task of the gender machinery, also those in Government Departments, and at all levels, to ensure this. The Eastern Cape, KwaZulu- Natal and Gauteng indicated that they have a gender mainstreaming policy. The Free State indicated that they have a strategic plan and an operational plan derived from the Gender Policy. The North West has a gender strategy and in the absence of any further information, it is not possible to say whether this could be equated with a gender mainstreaming strategy.
With the exception of Gauteng, very little information is provided on the gender mainstreaming strategies of provinces. It is therefore unclear how gender is mainstreamed in provincial programmes and projects. Additional information needs to be provided by all OSWs on their gender mainstreaming strategies.
- Programmes
The OSWs were not asked to provide information on the programmatic work of their offices. Despite this, the OSWs in Gauteng, Mpumalanga and the Western Cape gave some indication of the programmes underway. Sufficient information was provided by Gauteng and the Western Cape to ascertain the programmatic areas, as well as the aims of the respective programmes.
The brief given to the OSWs requested that they provide information on the programmes of the provincial GFPs. However, they failed to provide information indicating the link between the GFPs’ programmatic work and the involvement of the OSWs.
Because programmatic information is only available for Gauteng, the Western Cape and Mpumalanga, it is not possible to make significant comments on the programmes of the OSWs. This is clearly an area that should be further explored.
| OSW | Programme | Description of programme |
| Gauteng | Policy development | Support is provided to |
| and policy analysis | Departments to develop sector | |
| specific policies and | ||
| programmes that address gender | ||
| issues. | ||
| Capacity building | The Directorate has done | |
| training on gender budgeting | ||
| and gender planning with GFPs | ||
| and senior management. | ||
| Gender machineries | A Gender Forum has been | |
| established which meets | ||
| monthly. | ||
| Monitoring and | Annual analysis of | |
| evaluation | Departmental strategies and | |
| budgets are done to ascertain | ||
| if they are in line with | ||
| national and provincial | ||
| priorities as well as to check | ||
| for the integration of gender | ||
| into plans and budgets. | ||
| Gender mainstreaming | The programme ensures that | |
| gender is mainstreamed into | ||
| Departments. | ||
| Co-ordination and | The Directorate coordinates | |
| planning | and plans the celebrations of | |
| certain commemorative events. | ||
| Mpumalanga | HIV and Aids | Co-coordinated the HIV and |
| AIDS programme Vusa Isizwe, | ||
| which targets school children. | ||
| Gender training | Conducted training for GFPs | |
| coordinators on gender issues. | ||
| Gender workshop | Conducted a gender workshop | |
| for Members of Parliament and | ||
| Heads of Departments. | ||
| Awareness campaigns | Ran awareness campaigns on | |
| legislation affecting women. | ||
| Calendar events | Co-coordinated the calendar on | |
| women’s events. | ||
| Western Cape | Policy development | Drafted a provincial gender |
| and research | equality and women empowerment | |
| implementation strategy. | ||
| Capacity building and | Involved in mainstreaming | |
| training | training for trainers in the | |
| public sector. | ||
| OSW specific capacity | ||
| building. | ||
| Public education, | Involved in the celebration of | |
| awareness raising and | commemoration days. | |
| communication | Development of promotional | |
| materials. | ||
| Partnerships with civil | ||
| society. | ||
| Co-ordination of | The formal structuring of a | |
| gender machinery | provincial gender management | |
| system. | ||
| Monitoring, | Developing of an audit | |
| evaluation and | instrument | |
| reporting |
The programmes of the Western Cape and Gauteng clearly gives effect to the functions outlined for the provincial OSWs.
- Challenges
Most of the OSWs reported on challenges impeding their work. The Free State and Eastern Cape did not raise challenges pertaining to their offices. One cannot, however, make the assumption that no challenges exist.
| Challenge | Raised by |
| Fostering an integrated approach to gender | KwaZulu-Natal |
| issues | |
| Political support required for gender issues | KwaZulu-Natal |
| Social regeneration and economic empowerment | Gauteng |
| Filling of vacancies | Mpumalanga and |
| Western Cape | |
| Budgetary constraints | Mpumalanga and |
| Western Cape | |
| Unfunded mandates from provincial and/or | Mpumalanga |
| national Government Departments | |
| Getting the gender machinery operational and | North West and |
| strengthening the gender machinery | Western Cape |
| Understanding the role and the operational | Western Cape |
| methodology of the OSW | |
| Strengthening relations with NGOs | Western Cape |
National Gender Focal Points
- Structure
1.1 Capacity of GFP in terms of staff complement Most Departments (namely 11) report that the GFP is staffed with one person. Six Departments reported that their GFP was staffed with 3 or more persons, i.e. with at least 2 people assigned to professional posts and one administrative post. Two Departments (Foreign Affairs and Agriculture) need to fill the post of the person responsible for doing GFP- related work and one Department (Labour) reported that its GFP needs to be re-established. This is because the one that had initially been set up has become dysfunctional.
1.2 Location
The Gender Policy recommends that the GFP should reside within the office of the Director-General so as to afford the GFPs easy access to all programmes and programme officials, thereby creating an enabling environment for gender mainstreaming. Only 4 Departments (i.e. Land Affairs, Agriculture and Justice and Constitutional Development and Social Development) reported that their GFPs are located within the office of the Director-General. Twelve of the other Departments reported that their GFPs were located elsewhere in the organisation, with Human Resource Management being a popular site of location.
1.3 Level of appointment
The Gender Policy recommends that the GFP co-ordinator is appointed at the level of director and that persons appointed to this level have the commensurate skill level required for gender mainstreaming. Of the Departments that indicated the level of appointment, only 7 have appointed a director to drive the GFP (Correctional Services, Education, Health, Foreign Affairs, Justice and Constitutional Affairs, Science and Technology and Trade and Industry). Seven Departments (Arts and Culture, Defence, Labour, Agriculture, Housing, Minerals and Energy and Science and Technology[12]) reported that they had appointed someone at a deputy director level and 3 Departments (Environmental Affairs and Tourism, Home Affairs and the National Treasury) made appointments at an assistant director level. The Public Service Commission has appointed a senior human resource practitioner to take responsibility for gender issues.
1.4 Area of focus
In many instances, it was not expressly stipulated whether the GFP was responsible for key performance areas other than gender. Only in the case of 4 Departments (i.e. Correctional Services, Education, Justice and Constitutional Affairs, and Trade and Industry), could it be ascertained that the GFPs focused on gender alone. Eight departments expressly stated that the GFP is responsible for areas of competency in addition to gender (namely, Arts and Culture, Environmental Affairs and Tourism, Home Affairs, Labour, Housing, Science and Technology, the Public Service Commission and Water Affairs and Forestry). The additional areas of responsibility in these cases are HIV and Aids, Employee Assistance Programmes, disability, children, youth and employment equity. On average, most of the Departments concerned are mandated with between three to five of these areas of responsibility. This is a serious impediment to focusing on gender in any substantive and meaningful way as the combination of taking responsibility for so many areas of competency together with the lack of capacity and resources, limits the impact of the GFP in terms of its gender-related work.
- Budget
The Gender Policy indicates that the costs entailed in the planning and implementation of programmes for women’s empowerment and gender equality at Departmental level, need to be incorporated into existing Departmental budgets. This needs to be achieved, inter alia, by the re-prioritisation of spending and efficiency savings. Expenditure on gender-related initiatives and programmes need to be planned in advance and where this is not the case, plans need to be reviewed and adjusted to meet the specific needs of women. The gender policy further advises that the gender structures need to have adequate financial resources so that they are capacitated to do their work.
Seven departments indicated that their GFPs have a dedicated budget of their own (i.e. Defence, Education, Health, Land Affairs, Trade and Industry and Justice and Constitutional Affairs). The National Prosecuting Authority and the South African Sports Commission also make reference to available budgets, but it is not entirely clear as to whether these are used exclusively for gender-related work. Eight departments (i.e. Arts and Culture, Environmental Affairs and Tourism, Home Affairs, SAPS, Water Affairs and Forestry, Agriculture, the Public Service Commission and Housing) indicated that their GFPs draw their resources from a budget that they do not control and manage. Six Departments failed to indicate or are unclear as to whether their GFPs have their own budgets or not.
The table below reflects the amounts allocated for gender-related work by Departments that provided this information.
Amounts allocated for the financial year 2003/4 |Department |Amount | |Defence |R 89 211 | |Education |R 1.5 million (of this R 200 000 | | |is for programmatic work) | |Health |R 1 892 000 (of this R 688 000 is | | |for non-administrative costs) | |Land Affairs |R 1.577 million | |ICD |R 66 000 (allocated to ‘special | | |programmes’). It is not clear how | | |much is specifically for | | |gender-related work. | |NPASA |R 2 5 million (allocated to the | | |Sexual Offences and Community | | |Affairs Unit, of which R 24 | | |million is for human resource | | |related expenditure) | |Science and Technology |R 1 million – SARG | | |R 1 million – SA Women in Science | | |Awards | | |R 260 000 – research project | | |(only different project budgets | | |are provided) | |SASC |R 100 000 (not clear if this is | | |solely for gender-related work or | | |not) | |Social Development |R 580 000 | |Trade and Industry |R1.5 million for internal | | |gender-related work and R 2 | | |million to SAWEN and | | |R 6 million to TWIB | |Justice and Constitutional Affairs|R 3 119 000 (R 1 095 000 for | | |programmatic related work), | | |also R 3 000 000 (donor funding) |
From the above, it is clear that on the whole, most GFPs either do not have direct control over managing their own financial resources or have access to very limited amounts of financial resources. A number of Departments raised the lack of resources as one of the greatest impediments to the effective implementation of their work. This needs to be seriously addressed.
- Policy and Gender Action Plan
In terms of the Gender Policy, some of the key functions of the GFPs are:
• To ensure that each Department implements the national gender policy.
• To ensure that gender issues are routinely considered in Departmental
strategic planning exercises.
• To ensure that Departments reflect gender considerations in their
business plans and routinely report on them.
• To review Departmental policy and planning in line with the national
gender policy.
• To monitor and evaluate Departmental projects and programmes to assess
whether they are consistent with the national gender policy.
Most Departments acknowledge that their GFPs should be responsible for implementing the national gender policy, for developing gender sensitive policies and for reviewing Departmental policies from a gender perspective. Some Departments further reflect that these functions are key objectives. However, most make no mention as to how they are striving to implement the national gender policy and whether they are involved in either developing or reviewing Departmental policies from a gender perspective.
3.1 Developing policy
Eleven departments make no mention of playing a role in the development of gender-sensitive policies. Twelve departments report that they are involved in policy development that promotes gender equity in the Department. These departments and the policies that they have developed are reflected in the table below:
| Department | Policy |
| Defence | Sexual harassment policy, |
| gender-based violence policy, | |
| promotion of gender equity policy | |
| (draft form), pregnancy policy | |
| (draft form). | |
| Education | Policy guidelines on sexual |
| harassment, policy guidelines on | |
| learner harassment | |
| Environmental Affairs | Sexual harassment policy |
| Health | Policy guidelines for health |
| sector | |
| Independent Complaints Directorate | Gender policy, policy guidelines |
| on gender, selection, recruitment | |
| and equity | |
| National Prosecuting Authority of | Draft sexual harassment policy |
| South Africa | |
| SAPS | Sexual harassment policy |
| Science and Technology | Sexual harassment policy, will |
| develop a gender equity | |
| mainstreaming policy by mid 2004 | |
| South African Sports Commission | Policy guidelines on women, sport |
| and recreation | |
| Trade and Industry | Revision of ‘Gender and Women’s |
| Empowerment Policy Framework’ | |
| Water Affairs | Gender policy, sexual harassment |
| Justice and Constitutional Affairs | Gender Policy Statement, |
| mainstreaming gender | |
| implementation guidelines and the | |
| developing of mainstreaming of | |
| gender reporting protocols. |
From the above, it can be seen that most Departments have opted to develop a sexual harassment policy. Very few Departments have developed an overarching gender equity/gender mainstreaming policy that defines the organisational framework within which gender equity will be promoted. This is problematic, as notwithstanding the fact that the national gender policy serves as the framework within which Departments should engage in gender- related work, it is important that each Department develop a gender policy of its own, which spells out its commitment to eradicating gender inequity. One Department, namely the Department of Home Affairs, reports that its GFP does not participate in the development of polices and in selection and procurement processes in the Department. This should be explored further with the Department.
3.2 Reviewing policy
Most Departments make no mention of the role that they play in reviewing and analysing Departmental policies to ensure that they take cognisance of gender issues. Only 7 departments (Defence, Arts and Culture, Education, Health, Labour, Public Serve and Administration, Trade and Industry) report that they are/should play a role in the reviewing of Departmental policies from a gender perspective. Of these, only 3 (Arts and Culture, Health and Labour) appear to be actively engaged in reviewing policies. The rest merely report that policy review is one of the objectives of the GFP, but do not report on any work being done in this regard.
3.3 Gender Action Plan
The Gender Policy encourages the development of a programme of action or gender action plan based on the policy. The GFPs are the implementing units of the national plan. GFPs at national level are therefore meant to facilitate the programme and be the centre of co-ordination at Departmental level. With the exception of 1 Department, no mention is made of the development of gender action plans. Only Water Affairs and Forestry and Justice and Constitutional Development have developed a draft gender action plan, but reports that there have been ‘serious’ impediments in implementing this as a consequence of capacity problems.
- Gender Mainstreaming
The Gender Policy holds that Government Departments should embark on a rigorous gender mainstreaming strategy. Eight departments (Defence, Education, Environmental Affairs and Tourism, Health, Home Affairs, Public Service and Administration, Science and Technology, Water Affairs and Forestry, Justice and Constitutional Affairs and the South African Sports Commission) make specific mention of their role in this regard and some of these report on related initiatives. Of these, the attempts of the Department of Home Affairs in this regard appear to be at a proposal stage at this point and have therefore not yet been implemented. Only 2 Departments (Science and Technology and Justice and Constitutional Affairs) indicate how they strive to mainstream gender into Departmental programmes, policies, procedures, outputs and the like. Only 2 Departments (Defence and Environmental Affairs and Tourism) make mention of specific structures that have been put in place to assist with the mainstreaming of gender into Departmental work.
On the whole, the information provided on the mainstreaming of gender into Departmental programmes, procedures, etc. is very sketchy. The reason for this need to be determined and further analysis in this regard is critical.
- Programmes
Given that the methods for reporting on programmatic work by the various Departments are so diverse, it has been very difficult to collate the information in this regard. However, a few observations can be made with regard to the programmes being implemented:
5.1 Internal vs External Programmatic Work
Many Departments focused on the internal projects and programmes that they are implementing, i.e. work related to transformation in the Department itself, such as employment equity issues, recruitment and selection practices and internal policies. Many Departments make little or no mention of programmatic work done externally, i.e. the gendered initiatives that they are implementing to improve the Department’s service delivery. It is important that both the internal transformation and the external service delivery issues are both addressed in terms of their gendered implications.
5.2 Limited scope of external programmes
Where external work is done, it is to a large extent this is centred around the commemoration of calendar events such as National Women’s Day and the 16 Days of Activism on No Violence Against Women. This is problematic as a comprehensive programme of action needs to encompass far more than this.
5.3 Links between programmes and gender
In many instances, Departments report on programmatic work that is being done, but the ways in which this work strives to promote gender equity is not clear. It is important that the ways in which gender equity is being promoted is clear in all programmatic initiatives
5.4 Gender planning
In most cases, very little mention is made of how programmatic work is planned. This suggests that there is a need to look into the ways in which gender planning methodologies are utilised to inform planning processes. The Gender Policy recommends the project life cycle as a tool and organising instrument for gender planning. Each phase has gender specific activities, which makes it easier for Departments to audit the activity of each of the tasks they execute, whether the task relates to internal or external transformation.
5.5 Programme design
In many instances, the links between the objectives, methods and intended outputs of programmatic work is not clear. The design of programmes aimed at facilitating gender equity therefore needs to be carefully considered.
5.6 Impact assessments
Almost no mention is made of attempts to assess the impact of programmatic work. This is critical in developing interventions that are effective. The design and usage of effective evaluation mechanisms therefore needs to be emphasised. The Gender Policy recommends that monitoring and evaluation are key to measuring the success and impact of programmes that seek to implement gender equality principles.
5.7 Development of key performance indicators
Similarly, no mention is made of the development of programmatic key performance indicators for the measuring of progress made. The Gender Policy recommends the usage of indicators to measure transformation in programmes. These indicators encompass, inter alia, the following:
• The number and quality of sector-related gender analysis training
programmes in place.
• The extent to which sector-based gender analysis and gender
disaggregated data is effectively used in programmatic design.
• The extent of technical support and guidelines provided for
responsive review of sector programmes.
5.8 Lack of resources for programmatic work On the whole, it appears that the resources allocated to work of a programmatic nature are dismally insufficient. This needs to be addressed urgently.
- Challenges
Most Departments did not report on the challenges faced by their GFPs. Because this information is critical in defining the problems faced by GFPs and in seeking appropriate interventions to these, it is critical that this information be elicited. The table below constitutes challenges that were raised that are of a serious nature:
| Nature of challenge | Raised by |
| Restructuring in Department | Correctional Services, Labour, |
| Land Affairs | |
| Budgetary constraints | Education, Health, SASC, Trade and |
| industry | |
| Lack of human resources | Health, Trade and Industry |
| Staff capacity (in relation to | Environmental Affairs and Tourism |
| skills) | |
| Lack of strategic direction wrt | Health |
| gender mainstreaming | |
| No full-time GFPs in provinces | Health |
| Need to clarify role, powers and | Health |
| functions of provincial GFPs | |
| Lack of co-operation from senior | Health |
| management | |
| Lack of support from male | SASC |
| counterparts | |
| Need to implement policy | Trade and Industry |
| Implementation of gender action | Water Affairs and Forestry |
| plan affected by capacity problems |
Provincial Departmental Gender Focal Points
Information provided by the provincial OSWs on the structure, budget allocation, policies, programmes, gender mainstreaming strategies, etc. of GFPs was inadequate. The limited amount of information gathered does not allow one to form a comprehensive, reliable and valid picture of GFPs. OSWs had been asked to provide information on the status of GFPs in provinces, yet it is unclear why the information was not forthcoming. As stipulated by the Gender Policy, one of the functions of the provincial OSWs would be to coordinate the gender machineries in the provinces. Provincial OSWs should thus be best placed to provide a comprehensive overview of the provincial GFPs, including their structure, location, level of appointments, programmes, gender mainstreaming strategies, budget allocation, achievements and challenges. This said limited inferences could be made about the provincial GFPs.
- Structure of GFPs
1.1 Capacity of GFPs in terms of staff complement
The Eastern Cape OSW indicated that 9 Departments, out of the approximate 11, have established GFPs. In Mpumalanga 6 out of an estimated 11 Departments in Mpumalanga have established GFPs. This means that just over half of the Departments have established GFPs, which is unsatisfactory as it impacts on the ability of the individual Departments and ultimately on the province’s ability to address gender issues and to ensure that Departmental programmes benefit not only men but women as well. Head of Departments should be asked to account for nearly half of the GFPs not being established in their Departments.
The situation in the North West appears to be problematic. Only 3 out of 10 Departments have established GFPs. This means that 70% of the GFPs have not been established in accordance with the Gender Policy. Without the appropriate gender structures in place, the empowerment of women and the eradication of discrimination against women, will not become a reality in this province.
The situation in the Western Cape appears slightly more positive than in other provinces. Twelve Departments have GFPs in the province. These structures, however, vary between being formalised GFPs and those, which are accorded the GFP function on an ad hoc basis. It appears as if formal structures have been established in at least 8 Departments, with 1 Department not having this function at all and the position being vacant in another. However, the provincial OSW has indicated that there are significant challenges pertaining to the formalising of structures.
1.2 Location
The location of the GFPs in the Eastern Cape varies from being located in the Head of Departments’ offices, as is recommended in the Gender Policy, to being placed in the Human Resources Department. In the Western Cape, most of the GFPs are located in the Human Resources sections of the Departments. Again, this is not in accordance with the recommendations of the Gender Policy and has been mentioned as a challenge by the Western Cape OSW.
The implications of being located in the Human Resources is that firstly, the GFP persons would not have an integral understanding and bird’s eye view of the programmes and projects undertaken in the Department. Thus, it would be difficult to mainstream gender into projects. Secondly, it affects their ability to influence decision-making at a macro level, which would ensure that decisions filters and are implemented at micro-levels in the Department.
1.3 Level of appointment
GFP coordinators in the Eastern Cape and the North West are appointed at assistant director level. This is not in accordance with the recommendations of the Gender Policy, which states that GFP coordinators should be appointed at director level.
The Mpumalanga OSW asserted that in the established GFPs, the persons employed have inadequate job descriptions and there are no structures in place. The level of appointment was, however, not indicated.
The rank of GFP coordinators in the Western Cape varies between senior officer to assistant director to deputy director. None of the Departments currently employ the coordinator at the recommended rank of director. This has been recognised as a challenge for the provincial Departments.
It has been stated repeatedly that appointing GFP persons at ranks other than director impacts on their ability to influence decision-making. Furthermore, it implies that people with all the skills required for the position are not necessarily appointed.
- Budgets With the exception of the Western Cape and Gauteng, the Provincial OSW reports do not provide any information on whether provincial GFPs have dedicated budgets. Within the Western Cape GFPs, most (8 out of 11 Departments) reportedly have dedicated budgets for their gender desks in 2004/05. It is observed that most of the Departments that have formalised GFPs have dedicated budgets. This is the exception in the Departments of Housing and Culture Affairs and Sports, where the gender function is an additional function, yet they have dedicated budgets. The OSW cites inadequate resourcing of the GFPs as one of the problems.
The Mpumalanga OSW has indicated that there are no budgets in Departments to undertake gender responsibilities. This is certainly indicative of the priority given to gender issues and tasks undertaken in the Department, which addresses gender equality and equity issues. This impacts significantly on the Department’s delivery of services but also on it ability to address transformation within the Department.
In Gauteng, the Directorate indicated that all provincial Departments have gender budgets. The outputs of these gender budgets reflect gender sensitive indicators for all programmes and projects, which are in line with the core functions of the Department. Whilst all the necessary information on this initiative is not available, it is clear that the steps taken by Gauteng allows them to monitor how the money is being spent and the impact that it has on men and women in the province.
- Policy and Gender Action Plan
The Gender Policy recommends that provincial GFPs should be established to mirror those at the national level. Some of the functions accorded to the provincial GFPs are to:
• Ensure that Departments implement the (national) provincial gender
policy.
• Review Departmental policy and planning in line with the (national)
provincial gender policy.
• Ensure that gender issues are routinely considered in Departmental
strategic planning exercises.
Given that provincial gender policies are not the norm, this would impact on the functions assigned to the GFPs. This might also lead to uncertainty and confusion around the role and functions of the GFPs. The question thus arises whether the national Gender Policy is guiding the work of the GFPs in the provinces where provincial Gender Policies are absent.
Furthermore, provincial OSWs gave no indication of whether GFPS have reviewed their Departmental policies to ensure that it is in line with provincial or national Gender Policies and that it takes cognisance of gender issues and the gendered impact of these policies.
With regard to the development of policies that impact on men and women, the Free State Department of Social Development is said to have an internal HIV and AIDS policy and the Department of Education has developed a Sexual Harassment Policy. The Directorate in Gauteng also indicated that provincial Departments are in the process of finalising their respective policies on sexual harassment.
Gender Mainstreaming
At provincial OSW level, gender mainstreaming strategies are in operation in the Eastern Cape, KwaZulu-Natal, Gauteng, and possibly the Free State and North West. Theoretically, the GFPs in these provinces should thus have a framework in which to mainstream gender into the policies, programmes and activities of the Departments. They are thus in a more advantageous position than those provinces that do not have strategies. The Western Cape OSW is the exception and reports that most of the GFPs in the Departments have draft gender equality and women empowerment strategies in place. Critique cannot be offered in this report on these processes in the Western Cape, as detailed information is not available. On the other hand, the Free State OSW has clearly indicated that GFPs don’t have the necessary capacity to achieve gender equality. As a direct result of this, gender strategies, programmes and activities with a gender dimension are not incorporated in the strategic plans of the Departments. This is a matter of concern as it impacts on the delivery of services, the ability of programmes to set and achieve gender targets, etc. Furthermore, this could imply that the position and the skills currently available for fulfilling that position, is not commensurate.
- Programmes
The information supplied by the provincial OSWs on the work undertaken by the Departments varied. In instances where information was supplied, it was not detailed to the extent of delineating the aims and objectives of the programme as well as the methods and intended outputs. Furthermore, no information was supplied on the planning of the project and how gender was incorporated into all the phases thereof. Thus, the analysis in this regard is limited.
4.1 Internal versus External programmatic work
Most of the programmes mentioned focused on the external work undertaken in the Departments i.e. in the service delivery aspects of Departments. This is in contrast with the National GFPs reporting in this document, which focused more on the internal programmes. Whilst reference is made to internal programmes in the provincial GFPs, the weight of the reporting certainly is placed on the external service delivery aspects. Whilst it is important to focus on service delivery initiatives, internal programmes with a focus on gender issues, have to be undertaken. This is important to ensure that transformation is not only geared towards the outside, but also internally for women and men within the Department. Programmes and policies of this nature is thus essential. These pertains, amongst others, to sexual harassment policies, HIV and AIDS policies, issues of recruitment and retention of staff and the employing of women in senior management positions.
4.2 Scope of the external programmes
One of the activities that were consistently raised by some of the Departments was that of commemorating national events. This is problematic when this becomes the sole activity undertaken by the Department. If these activities fall within a comprehensive and substantive programme with clear aims, objectives and outputs, and culminate in the celebratory event, it would be less problematic.
Some Departments are undertaking a number of other substantive programmes. These include awareness raising, the establishing of trauma rooms, initiatives with rural women, addressing gender based violence, youth initiatives, etc.
4.3 Links between gender and programmes
At face value, some of the programmes reported on seem to have as its intended outcome, the empowerment of women. However, due to the limited information at hand, it is not possible to say to what extent programmes address gender equality and equity issues.
- Challenges
A host of challenges that are experienced by the provincial GFPs were raised by the provincial OSWs. These are listed in the table below.
| Nature of challenge | Raised by |
| The appointment, location and | Eastern Cape |
| allocation of resources to GFPs | |
| are not uniform. | |
| The location of GFPs is | Mpumalanga and the Western Cape. |
| problematic. | |
| GFPs have not been established | KwaZulu-Natal, North West and |
| in all Departments. | the Western Cape. |
| GFPs are not appointed at the | Eastern Cape, Mpumalanga and the |
| recommended rank. | Western Cape. |
| GFPs don’t have the necessary | Free State |
| capacity to achieve gender | |
| equality. | |
| The lack of GFP capacity leads | Free State |
| to gender not being mainstreamed | |
| into strategic plans of | |
| Departments. | |
| The resources allocated to GFP | KwaZulu-Natal, Mpumalanga, North |
| are insufficient. | West and the Western Cape. |
| GFPs are tasked with issues | Mpumalanga |
| other than gender. | |
| GFPs report to several persons. | Mpumalanga |
| There is problem between | North West |
| national and provincial | |
| Departments. | |
| There is a lack of understanding | Western Cape |
| of GFPs responsibilities. |
A number of the challenges raised above serves as common problems to other GFPs, even though they were not reported on at this hearing. This comment is made against the backdrop of study tours undertaken by the JMC during 2000 – 2003. Common challenges included the appointment, structure, location and rank of GFPs as well as the resources allocated to them. This, together with a skill shortage in the GFPs, leads to the GFPs being less effective in performing their functions and thus addressing issues of gender equality.
Section 4: Recommendations
National Office on the Status of Women
• The Gender Policy lists, as one of the tasks of the OSW, leading the
process of developing a National Gender Action Plan. It is
recommended that the OSW give effect to the Gender Policy and develop
this National Gender Action Plan, which would guide the provinces in
their development and implementation of provincial gender-specific
action plans.
• The OSW is assigned the task of developing key indicators for
measuring the national progression towards gender equality. This
implies that the national OSW has a monitoring role to fulfil. Thus,
the question of whether the OSW has the capacity to do this arises.
This necessitates that the Office be equipped with the necessary human
resources to give effect to this function. The second issue that it
raises, is what enforcement powers the Office has. This is in light
structures not complying with, among others, the implementation of the
Gender Policy. The OSW should thus monitor but also be afforded the
necessary powers to enforce certain recommendations. In addition, the
OSW should be in a position to ensure that the Gender Policy is used
at a provincial and national level, in the absence of provincial
Gender Policies.
• It is recommended that there be a more effective co-ordinated approach
to the programmes of the national OSW, provincial OSW as well as the
national and provincial GFPs. In this respect, provinces and
Departments should be required to table their reports based on their
programmes, etc. This will lead to more substantive programmes and
hopefully eradicate only events-based activities.
• In order to facilitate the work of the JMC, it is recommended that the
OSW brief the JMC on a quarterly basis. In this respect, they are
requested to provide the JMC with all the necessary and relevant
documentation. It is further suggested that the JMC be briefed
timeously on urgent matters as well as on reports (including
international reports) that requires the JMC to provide input.
• The national OSW should undertake a skills audit within the OSWs as
well as national and provincial GFPs. This will enable the necessary
structures to make decisions regarding, amongst others, the rank of
GFP coordinators, the skills required within GFPs or OSWs, etc.
• It is recommended that the national OSW be provided with additional
staff, with the necessary skill level required for the positions, to
enable the Office to fulfill all its functions.
• The budgetary requirements of the OSW should be commensurate with the
tasks, programmes and output envisaged by the Office. Furthermore, the
budget should be increased to make provision for the national OSW to
assist the provincial OSWs.
• Local Government should be assisted to establish gender machinery at
this level. In this respect, the OSW should be working with the
National Department of Provincial and Local Government, provincial
OSWs as well as the South African Local Government Association
(SALGA).
• Legislatures should be encouraged to establish Joint Monitoring
Committees on the Improvement of Quality of Life and Status of Women,
which would monitor provincial progression towards gender equality.
• It is recommended that the National Gender Machinery hold a strategic
planning session to evaluate the progress of the Gender Machinery
within the 10 years of democracy period, as well as to assess
implementation and the development of action plans.
Provincial Office on the Status of Women
- Recommendations pertaining to the structure of the OSWs
1.1 Capacity
Given the functions of the OSW, sufficient human capacity is essential if the Office is to be effective in fulfilling its tasks. It is thus recommended that the staff capacity be increased, as a matter of urgency, to at least 3 staff members, with 1 person providing administrative support. This is vital for provinces such as the Western Cape. Furthermore, it is essential that the numerous and significant positions that are vacant be filled (KwaZulu-Natal and Mpumalanga).
1.2 Location
As stated in the Gender Policy, the OSWs should be located within the Premiers’ Offices. Considering the responsibilities assigned to the OSW and the level of decision-making, it is essential that the OSWs be placed in the Premiers’ offices. In addition, other than the necessary status that the OSWs are afforded by being placed in the Premiers’ Offices, it also affords them a bird’s eye view of programmes, projects and activities that are conducted throughout the province, and the OSW can thus play a significant role in these.
1.3 Level of appointment
Whilst the Gender Policy is silent on the level of appointment of OSW coordinators, it does recommend that the GFP coordinator be appointed at a director level. It is thus recommended that the head of the OSW be appointed at the level of director. Cognisance should, however, be taken of the skill requirements for such a position and the person should only be appointed at this level if he or she has the skills commensurate with the position. In this regard, it might be necessary to undertake a skills audit of all the staff in the provincial OSWs and to match the position with the necessary skills required. Furthermore, it might be necessary to undertake extensive capacity training for staff members in order for them to effectively execute their current job requirements or to prepare them for tasks at a higher level.
1.4 Functions of the OSWs
Whilst this area was not reported on comprehensively by the OSWs, the JMC needs to ascertain whether the OSWs are able to deliver on the functions assigned to them, and the factors that are aiding or hampering their progress. Provinces should furthermore be able to enforce decisions arising from their monitoring of the progression towards the achievement of gender equality for women.
1.5 Establishment of a Gauteng OSW
Gauteng provided a comprehensive report on the gender policies, programmes and activities for the Province. It is evident that the Directorate fulfilling the function of the OSW is very effective in most areas. However, there is a need for the Province to establish an OSW which could carry out these functions. The reasons for this not being the case need to be taken up with the political leadership in the province.
- Budget
The JMC has to ascertain what the respective budgets for the OSWs in the provinces are. Included in this, should be whether the OSWs have a dedicated budget and a breakdown for the budget disaggregating the percentages and amounts for the different programmes and administrative functions (salaries, infrastructure, etc). OSWs should furthermore give an indication of the amount allocated to the OSW together with the amounts allocated to other programmes in the Office of the Premier. This is necessary as the JMC wishes to get an understanding of how gender is prioritised. The resources allocated to structures dealing with gender issues will be a good indication of this.
As indicated earlier, it is difficult to say that an amount of R1.2 million is sufficient or insufficient to cover the expenditures of an OSW. Therefore, it is recommended that a budget be allocated to the OSWs based on the strategic and business plans of the Office and that this budget allows the Office to effect its plans.
- Policy and Gender Action Plans
3.1 Developing policy
It is essential that OSWs provide additional information on whether they have developed provincial gender policies and provide information on these gender policies. Gender policies are essential to providing a framework of how gender equality is to be achieved within provinces. All operations undertaken by the province will thus be guided by such a policy and serve as a mechanism by which government officials and other stakeholders could be held accountable.
Gender policies need to be developed by those provinces, which do not have such policies. This forms part of the tasks of the provincial OSWs. It is further recommended that the national OSW, as well as provinces such as Gauteng that have Gender policies in place, provide assistance to the provincial OSWs in the development of such policies.
3.2 Gender Action Plan
As only 2 OSWs speak specifically about gender action plans, it is imperative that this is followed-up on. As in the case of the developing of gender policies, the JMC and the national OSW should investigate the reasons behind provincial OSWs’ lack of such plans. If the problem pertains to capacity within the provincial OSWs to develop such action plans, the necessary technical support should be provided.
3.3 Gender Audits and Monitoring Mechanisms
Provincial OSWs are responsible for developing key performance indicators by which the progression towards gender equality can be measured. While 3 OSWs made reference to conducting gender audits, it is essential that performance indicators and mechanisms be developed by the Office, which could be used by provincial GFPs in the Departments. Whilst it is important to have monitoring mechanisms in place, OSWs should start looking towards conducting evaluations of their specific programmes. This would assist OSWs with making changes to programmes that are currently underway and thus improve the effectiveness of programmes.
- Gender Mainstreaming
Very few OSWs indicated that they have gender mainstreaming strategies in place. The JMC needs to investigate whether these strategies have been developed and where they don’t exist, investigate whether this is as a result of a lack of capacity or human resources. Furthermore, it is recommended that:
• Provincial OSW staff receives training in the development of gender
mainstreaming strategies.
• The national OSW assists or coordinates this capacity building
training.
• Provincial gender strategies are developed for those provinces, which
do not have such strategies in place.
• The outputs and key performance indicators be documented.
• Provincial OSWs should provide the national OSW with an annual report
on the status of women in their provinces.
- Programmes
The Gender Policy outlines the functions of the provincial OSWs from which programmes could be developed. Provincial OSWs thus need to provide the JMC with the following information:
• An overview of their programmes, with the corresponding aims and
objectives of programmes, outputs, monitoring indicators, challenges
and budgets.
• Information on whether these programmes have been informed by
provincial needs assessments.
• The manner in which programmes impact or the potential impact of
programmes on men and women.
- Areas to follow up with individual OSWs
Apart from the recommendations cited above, the JMC can use the information provided in the table below to follow-up with the respective OSWs: |OSW |Area | |Eastern Cape |No mention was made of the | | |location of the OSW. | | |Establish whether the OSW has a | | |dedicated gender budget and a | | |breakdown of the budget for the | | |2003/04 and 2004/05 should be | | |provided. | | |Investigate whether a provincial| | |gender policy is in place, and | | |the nature thereof. | | |Investigate whether a provincial| | |gender action plan is in place, | | |and the nature thereof. | | |The report did not give an | | |indication of the link between | | |the provincial OSW and the | | |programmes of the GFP. | | |Insufficient information on the | | |work of the OSW. | |Free State |What is the rationale behind | | |administrative staff | | |outnumbering staff implementing | | |programmes? | | |No mention was made of the | | |location of the OSW. | | |Establish whether the OSW has a | | |dedicated gender budget and a | | |breakdown of the budget for the | | |2003/04 and 2004/05 should be | | |provided. | | |Investigate whether a provincial| | |gender policy is in place, and | | |the nature thereof. | | |Investigate whether a provincial| | |gender action plan is in place, | | |and the nature thereof. | | |Investigate whether the province| | |has developed strategies to | | |mainstream gender. | | |The report did not give an | | |indication of the link between | | |the provincial OSW and the | | |programmes of the GFP. | | |Insufficient information on the | | |work of the OSW. | |KwaZulu-Natal |Establish whether the OSW has a | | |dedicated gender budget and a | | |breakdown of the budget for the | | |2003/04 and 2004/05 should be | | |provided. | | |No mention was made of | | |strategies to mainstream gender.| | |The report did not give an | | |indication of the link between | | |the provincial OSW and the | | |programmes of the GFP. | | |Insufficient information of the | | |work of the OSW. | |Gauteng |Is the Directorate located in | | |the Premier’s Office and will | | |the new Gender programme be | | |located within the Premier’s | | |office? | | |Establish whether the | | |Directorate has a dedicated | | |gender budget and a breakdown of| | |the budget for the 2003/04 and | | |2004/05 should be provided? | | |No mention was made of | | |strategies to mainstream gender.| |Mpumalanga |In which ways does the location | | |of the OSW assist or hamper the | | |office? | | |Establish whether the OSW has a | | |dedicated gender budget and a | | |breakdown of the budget for the | | |2003/04 and 2004/05 should be | | |provided? | | |No mention was made of a Gender | | |Policy. | | |Investigate whether a provincial| | |gender action plan is in place, | | |and the nature thereof. | | |No mention was made of | | |strategies to mainstream gender.| | |The report did not give an | | |indication of the link between | | |the provincial OSW and the | | |programmes of the GFP. | | |Insufficient information on the | | |work of the OSW. | |North West |Do all the positions in the OSW | | |have exclusively gender | | |responsibilities? | | |In which ways does the location | | |of the OSW assist or hamper the | | |office? | | |The JMC should advocate for the | | |OSW having a dedicated gender | | |budget. | | |No mention was made of a Gender | | |Policy. | | |Investigate whether a provincial| | |gender action plan is in place, | | |and the nature thereof. | | |No mention was made of | | |strategies to mainstream gender.| | |The report did not give an | | |indication of the link between | | |the provincial OSW and the | | |programmes of the GFP. | | |Insufficient information of the | | |work of the OSW. | |Western Cape |Is the OSW located in the | | |Premier’s Office? | | |Establish whether the OSW has a | | |dedicated gender budget and a | | |breakdown of the budget for the | | |2003/04 and 2004/05 should be | | |provided? | | |Investigate whether a provincial| | |gender action plan is in place, | | |and the nature thereof. | | |No mention was made of | | |strategies to mainstream gender.|
National Gender Focal Points
- Recommendations with regard to the structure of the GFPs
1.1 Capacity
It is recommended that where resources can be appropriated, GFPs should be staffed with at least 3 staff members. This is so that the GFP can realistically give effect to its role with regard to the development and review of policies, in mainstreaming gender into the work of the department and in effecting both internal and external transformation.
1.2 Location
As per the recommendations of the Gender Policy, the GFP needs to be located in the Office of the Director General if its impact is to be maximised. This is not the case in most Departments and the feasibility of so doing needs to be explored.
- Level of appointment
The Gender Policy recommends appointment of GFP coordinators at director level. Most Departments have not given effect to this and the reasons for this should be explored further.
The Gender Policy further provides that GFP staff must have commensurate skills. Given that the reports submitted sometimes reveal a superficial understanding of basic gender-related concepts such as gender mainstreaming, and given the poor quality of gendered programmatic work in some instances, there is possibly a need to conduct a skills audit to ensure that the GFPs are capacitated with appropriately skilled people.
1.4 Area of focus
It can be seen from the reports, that the GFPs that focus on gender alone appear to be having a far greater impact than those who are responsible for other areas of competency as well. It is strongly recommended that GFPs focus primarily on gender. This will empower them to make a meaningful impact, as opposed to focusing on a broad range of areas in very superficial ways.
- Budget
It is recommended that the GFPs that do not have dedicated budgets, strive to move towards a situation where the GFP has a budget of its own and consequently has direct control over how its financial resources are managed.
Given that on the whole, meagre resources are allocated to GFPs, there is a need to conduct a needs assessment in this regard so as to compare what is needed with what is allocated. Strategies for increasing resource allocation to GFPs need to be further explored.
-
Policy and Gender Action Plan
-
Policy
GFPs have a critical role to play in both the development and review of Departmental policies. As far as policy development is concerned, it is advisable that the GFPs play a role in securing an overarching gender policy for the Department. This policy will provide the framework within which the Department articulates its commitments to promoting gender equity.
It is also important that GFPs play a role in reviewing all Departmental policies to consider their gendered impact and repercussions. Given that many GFPs are not doing this, this should be monitored.
Given that policy analysis is a specialist area of expertise, it is important that the GFP has the related skills for engaging in work of this nature. Where this is not the case, training must be provided.
3.2 Gender Action Plans
Given that most Departments make no mention of having developed a gender action plan, it is important that this is pursued. If most Departments have not produced such a plan as a result of capacity problems, then the possibility of providing technical support and advice in this regard should be considered.
- Gender Mainstreaming
On the whole, this was very poorly reported on and appears to be an area of weakness in the work of most GFPs. For this reason the following is recommended:
1) The training of staff in gender mainstreaming where required.
2) The development of clear strategies and plans that are documented.
3) The development of key performance indicators in this regard.
Because gender mainstreaming is a critical part of eradicating gender inequity, the mainstreaming initiatives of GFPs need to be monitored periodically.
- Programmes
The following is recommended with respect to the development of programmes that promote gender equity:
1) The development of both internal (organisational) and external
(service delivery) programmes.
2) The ways in which programmatic work impacts on men and women need
to be made clear.
3) The development of ‘engendered’ programmes needs to be informed by
sound gender planning methodologies. Where necessary, staff should
be trained in gender planning.
4) Programmatic work should have clear objectives, methods, target
groups, key performance indicators and evaluation mechanisms.
- Areas for follow up with individual Departments
The following table lists potential areas of follow-up with the various departments:
| Department | Area |
| Arts and Culture | No mention made of gender action plan. |
| No mention made of strategies to mainstream | |
| gender. | |
| No challenges have been identified. | |
| No dedicated budget. | |
| Correctional | No mention made of budget available. |
| Services | No mention made of policy -related work. |
| No mention made of gender action plan. | |
| No mention made of strategies to mainstream | |
| gender. | |
| Statistics provided for staff component need | |
| to reflect the number of black and white | |
| women. | |
| Ways in which some of the programmes listed | |
| promote gender equity are not clear. | |
| No challenges have been identified. | |
| Defence | No mention made of gender action plan. |
| Need more information on how gender is | |
| mainstreamed. | |
| No challenges have been identified. | |
| Environmental | Does not have dedicated budget, not clear how |
| Affairs and Tourism | much resources is being put into |
| gender-related work. | |
| Health | Need more information on how gender is |
| mainstreamed into the work of the Department. | |
| Home Affairs | Need to follow-up on why the GFP does not get |
| involved in any policy-related work. | |
| The usage of the term ‘add-ons’ in describing | |
| the work of the GFP is not clear and could be | |
| interpreted as detracting from the importance | |
| of gender-related issues. The usage of this | |
| term should therefore be clarified. | |
| No dedicated budget. | |
| No mention made of gender action plan. | |
| No mention made of strategies to mainstream | |
| gender. | |
| No challenges have been identified. | |
| On the whole the GFP does not appear to be | |
| doing much, judging from the information | |
| provided in the report. The report | |
| constitutes a series of proposals/ intended | |
| work. This needs to be further explored. | |
| ICD | Need to elicit information on how the ICD |
| monitors the implementation of the DVA. | |
| No mention made of strategies to mainstream | |
| gender. | |
| No challenges have been identified. | |
| Labour | No mention made of policy -related work. |
| Does not report on budget. | |
| No mention made of gender action plan. | |
| No mention made of strategies to mainstream | |
| gender. | |
| Statistics provided for staff component could | |
| not be interpreted, need to resubmit this. | |
| No challenges have been identified. | |
| Land Affairs | No mention made of policy -related work. |
| No mention made of gender action plan. | |
| No mention made of strategies to mainstream | |
| gender. | |
| The ways in which the some of the | |
| programmatic work has a gendered impact is | |
| not clear. | |
| Programme objectives and methodology not | |
| clear. | |
| No challenges have been identified. | |
| Public Service and | It is not clear whether the GFP has a budget |
| Administration | of its own or not. |
| Need further information on policy-related | |
| work. | |
| Report does not touch on the systems and | |
| methods for gender mainstreaming. | |
| No challenges have been identified. | |
| NIA | Has not established a GFP. |
| NPASA | No mention made of strategies to mainstream |
| gender. | |
| No challenges have been identified. | |
| Public Enterprises | Has not established a GFP. |
| Safety and Security | Has not established a GFP. |
| Secretariat | |
| Social Development | No mention made of policy -related work. |
| No mention made of gender action plan. | |
| Reports that there are there have been | |
| difficulties in developing indicators for | |
| gender mainstreaming. Further information | |
| required here. | |
| Very little programmatic work is reported, | |
| this problematic particularly in light of the | |
| fact that social development ahs very | |
| important gendered implications. | |
| No challenges have been identified. | |
| SAPS | Budgetary allocation for gender-related work |
| not stipulated. | |
| No mention made of strategies to mainstream | |
| gender. | |
| The objectives of some of the programmes are | |
| not clear. | |
| The intended gendered impact of some of the | |
| programmes are not clear. | |
| No challenges have been identified. | |
| Science and | Not indicated whether GFP has budget or not. |
| Technology | No challenges have been identified. |
| SASC | Not clear whether the budget mentioned is |
| intended solely for gender-related work. | |
| No mention made of strategies to mainstream | |
| gender. | |
| Very little information provided about | |
| programmatic work. | |
| Trade and Industry | No mention made of strategies to mainstream |
| gender. | |
| Water Affairs and | No information budget allocated to gender |
| Forestry | –related work. |
| No challenges have been identified. |
Provincial Departmental Gender Focal Points
-
Recommendations pertaining to the structure of GFPs
-
Capacity
The provincial GFP has a critical role to play as part of the gender machinery. As such, it has very specific roles assigned to it and forms an integral part in ensuring that the goals of gender equality and the empowerment of women are met. Thus, it is of critical importance that GFPs be established within the Departments and be staffed with persons with the necessary skills, which are outlined in the Gender Policy. A disservice will be done to all the women and men in the provinces if structures are established, but the incorrect people are employed in these positions.
It is also necessary to ensure that more than 1 person is appointed to the GFPs. The tasks assigned to them are mammoth and thus appointing 1 person to the GFP is unrealistic and sets it up for failure.
Furthermore, Premiers, MECs and the Heads of Departments should be held accountable for failing to establish properly resourced GFPs in their Departments. In addition, Provincial OSWs, the National OSW as well as the respectively National Department can play an integral role in guiding the establishment and setting up of GFPs at a provincial level.
1.2 Location
One of the concerns about the location of GFPs is the impact that the location has on the ability of the persons in the GFP to influence decision- making or to take decisions that have wide ranging impact. Furthermore, the location of the GFPs grants the coordinators the opportunity to either have a holistic and comprehensive idea of what is happening in the Department, or restricts their knowledge to the particular directorate or sub- directorate that it is located in. GFPs should thus be located in the Head of Department’s office, as is recommended by the Gender Policy.
- Rank of GFPs
As with all the other aspects pertaining to the setting up of the GFPs, it is important that GFP coordinators be appointed at director level, as is recommended by the Gender Policy. However, this implies that the incumbents should have the necessary skills that are commensurate with a position at this level.
It is furthermore recommended that the skills within existing GFPs be assessed to ascertain whether current personnel can perform at the rank of director, whether the personnel can acquire these skills or whether additional personnel with the required skills need to be employed.
- Area of focus
Although this theme has not emerged as dominant in the reports made by the provincial OSWs, it is essential to note that the impact of GFPs could be far greater if GFPs focus on gender issues exclusively and gender is not be seen as an add on function. This will allow for a more consistent and powerful impact.
- Budget
Establishing GFPs with no resources would amount to not having GFPs in provinces. Therefore, the establishing of GFP should be done in conjunction with the adequate resourcing of these structures. The budget allocation should be commensurate with the plans, programmes, and outputs envisaged by the GFPs.
Budgetary concerns have been raised in the existing GFPs. It impacts on the ability to meet goals and objectives. It is thus recommended that an assessment be done of all the existing budgets of GFPs and the necessary resources be allocated which would enable them to fulfill their functions. It is essential to allocate the necessary resources to programmatic functions and not only to salaries.
- Policy and Gender Action Plan
Against the backdrop of the functions assigned to GFPs as these pertain to policies, it is essential that the following information be elicited from the Departments:
• What progress has been made by GFPs to review Departmental
policies in order to ensure that it is in line with the national
or provincial Gender Policy?
• What role do GFPs play in the strategic planning process of
Departments to ensure that gender is taken into account?
In addition, it is recommended that provincial OSWs and National GFPs assist provincial GFPs to acquire the necessary skills, which would enable them to review existing policies, as well as the development of gender sensitive policies for the respective Department.
- Gender Mainstreaming
Given the limited information collated on gender mainstreaming in provincial Departments, it is recommended that in-depth information be collected on this topic. Secondly, it is suggested that provincial OSWs, in conjunction with national GFPs provide guidance to provincial GFPs on developing strategies to mainstream gender in Departments. GFP coordinators furthermore, would need to equip themselves with the necessary skills to fulfill this function of their work.
- Programmes
Based on the analysis of the results, it is recommended that further information be elicited from Departments by the provincial OSWs as well as the JMC on the programmes within the Departments, their aims, objectives, outputs, measurement indicators and budget allocations. GFPs would further benefit from training on the utilization of gender planning techniques to inform their planning of projects, programmes, etc.
- Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women
Very specific recommendations are made above to the various structures of the gender machinery. The following is thus suggested as very specific recommendations to the JMC in order to ensure that the process of monitoring the work of the OSWs and GFPs and making interventions where necessary, is taken forward:
• The JMC needs to discuss the problems raised in the report and
identify ways of dealing with these in terms of its oversight role.
• The JMC needs to hold consultative meetings with the OSW as well as
the CGE to consider the report and the recommendations made. The
different roleplayers need to decide on their roles and
responsibilities in ensuring that the recommendations are carried
forward and the implementation of recommendations are monitored.
• It is proposed that the JMC elicit information that was not
forthcoming from the OSWs and GFPs. This could be done in the form of
a questionnaire that is sent to all OSWs and GFPs and this data could
be used to collate a more comprehensive report.
• The JMC should set a date by which to hold similar hearings. This
should then be communicated to OSWs and GFPs so that they are able to
work towards this and are in a position to show the progress made from
reports submitted at the end of 2003 (which can be used as baseline
data) to when they next report.
• It is essential that the JMC meet with the various Premiers to share
their findings of this report. It is essential that their concerns
around the status of the provincial OSWs be raised with Premiers.
Among other concerns, the JMC should raise the issue that the OSWs are
not being placed in the Premiers’ offices, lack of staff in the OSWs
and the insufficient budgets allocated to the OSWs.
• The JMC, as part of the budgetary process, needs to intervene on
behalf of the Gender Machinery to ensure that the various budget votes
allocate sufficient resources to the various gender structures for the
implementation of policies, programmes, etc.
• As part of the annual reporting of Departments, it is strongly
recommended that Director-Generals report on how the respective
Department had progressed towards improving the status of women and
the relevant programmes that pertain to women. This should be
monitored by the JMC.
• In addition to the above recommendation, part of the Director-
General’s performance assessment should include their progress on
addressing gender issues and meeting gender targets.
Conclusion
In conclusion, the hearings have proved to be a very useful exercise in investigating what gender machinery structures have been established at national and provincial level. Furthermore, it has also given an indication of what these structures have been doing to promote gender equity in their respective contexts. The hearings have been particularly useful in bringing to the fore the problems, obstacles and challenges that exist in enabling the GFPs and OSWs to execute their mandate. These have been articulated in the report and the JMC has a pivotal role to play in identifying appropriate interventions in dealing with these.
Given that there have been certain instances where information was unavailable, it is imperative that outstanding information is sourced and a more comprehensive report is compiled. The information collated here thus serves as important baseline data to the follow-up report. In addition, this document serves as an important instrument against which the progress of GFPs and OSWs can be measured, when next they report.
References Fourth World Conference on Women Platform for Action. www.un.org/womenwatch/daw/beijing/platform/declar.htm
Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women (September 2003). Report on the study tours undertaken to Provinces (2000 – 2003) to monitor the implementation of the Domestic Violence Act [Act No.116 of 1998] and the Maintenance Act [Act No.99 of 1998].
Parliament of South Africa (2002). Women & Lawmaking: A study of civil society participation.
Reports of Departments received and distributed at hearings of 21 November 2003.
The Office on the Status of Women. South Africa’s National Policy Framework for Women’s Empowerment and Gender Equality.
[13] Report compiled by Ms. Carmine Rustin and Ms. Joy Watson of the Information Services Section, Research Unit, Parliament of South Africa.
WEDNESDAY, 28 SEPTEMBER 2005
ANNOUNCEMENTS
National Assembly
The Speaker
- Membership of Assembly
- The following member vacated his seat in the National Assembly with effect from 22 September 2005:
Ramatlhodi, N A.
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
(a) Report and Financial Statements on the Office of the Auditor-
General for 2004-2005, including the Report of the Independent
Auditors on the Financial Statements for 2004-2005 [RP 193-2005].
- The Minister of Transport
(a) Report on the National Freight Logistics Strategy – September
2005.
(b) Report and Financial Statements of the South African Search and
Rescue (SASAR) organisation for 2003-2004.
- The Minister of Labour
a) Report and Financial Statements of the Police, Security, Legal,
Justice and Correctional Services Sector Education and Training
Authority (POSLEC SETA) for 2004-2005, including the Report of the
Auditor-General on the Financial Statements for 2004-2005 [RP 101-
2005].
- The Minister for Justice and Constitutional Development
(a) Report and Financial Statements of the National Prosecuting
Authority of South Africa (NPA) for 2004-2005, including the Report
of the Auditor-General on the Financial Statements for 2004-2005
[RP 156-2005].
THURSDAY, 29 SEPTEMBER 2005
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
-
Draft bills submitted in terms of Joint Rule 159
(a) Constitution Twelfth Amendment Bill, 2005, submitted by the Minister for Justice and Constitutional Development on 29 September 2005. Referred to the Portfolio Committee on Justice and Constitutional Development and the Select Committee on Security and Constitutional Affairs. (b) Cross-Boundary Municipalities Laws Repeal Bill, 2005, submitted by the Minister for Provincial and Local Government on 29 September 2005. Referred to the Portfolio Committee on Provincial and Local Government and the Select Committee on Local Government and Administration.
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Finance
a) Report and Financial Statements of the South African Revenue
Services
(SARS) for 2004-2005, including the Report of the Auditor-General
on the Financial Statements for 2004-2005 [RP 211-2005].
(b) Report and Financial Statements of Statistics South Africa for
2004-2005, including the Report of the Auditor-General on the
Financial Statements for 2004-2005 [RP 166-2005].
(c) Report and Financial Statements of the Financial Intelligence
Centre for 2004-2005, including the Report of the Auditor-General
on the Financial Statements for 2004-2005 [RP 176-2005].
(d) Annual Financial Statements of the Corporation for Public
Deposits for 2004-2005, including the Report of the Independent
Auditors on the Financial Statements for 2004-2005.
(e) Report and Financial Statements of the Registrar of Collective
Investment Schemes for the year ended 31 December 2003.
- The Minister of Transport
a) Report and Financial Statements of the Urban Transport Fund (UTF)
for 2004-2005, including the Report of the Auditor-General on the
Financial Statements for 2004-2005 [RP 207-2005].
- The Minister for Provincial and Local Government
a) Report and Financial Statements of Vote 5 – Department of
Provincial and Local Government for 2004-2005, including the Report
of the Auditor-General on the Financial Statements for Vote 5 for
2004-2005 [RP 200-2005].
b) Report and Financial Statements of the Commission for the Promotion
and Protection of the Rights of Cultural, Religious and Linguistic
Communities (CRL Communities) 2004-2005, including the Report of
the Auditor-General on the Financial Statements for 2004-2005 [RP
183-2005].
- The Minister for Agriculture and Land Affairs
a) Report and Financial Statements of Vote 26 – Department of
Agriculture for 2004-2005, including the Report of the Auditor-
General on the Financial Statements of Vote 26 for 2004-2005 [RP
165-2005]. 5. The Minister of Communications
a) Report and Group Annual Financial Statements of South African Post
Office Limited for 2004-2005, including the Report of Independent
Auditors on the Financial Statements for 2004-2005.
b) Report and Financial Statements of the National Electronic Media
Institute of South Africa (NEMISA) for 2004-2005, including the
Report of the Auditor-General on the Financial Statements for 2004-
2005 [RP 150-2005].
- The Minister of Labour
a) Report and Financial Statements of the Mining Qualification
Authority (MQA) for 2004-2005, including the Report of the Auditor-
General on the Financial Statements for 2004-2005 [RP 98-2005].
b) Report and Financial Statements of the Media, Advertising,
Publishing, Printing and Packaging Sector Education and Training
Authority (MAPPP SETA) for 2004-2005, including the Report of the
Auditor-General on the Financial Statements for 2004-2005 [RP 96-
2005].
c) Report and Financial Statements of the Energy Sector Education and
Training Authority (ESETA) for 2004-2005, including the Report of
the Auditor-General on the Financial Statements for 2004-2005 [RP
88-2005].
d) Report and Financial Statements of the Transport Education and
Training Authority (TETA) for 2004-2005, including the Report of
the Auditor-General on the Financial Statements for 2004-2005 [RP
103-2005].
- The Minister of Housing
a) Report and Financial Statements of the National Urban
Reconstruction and Housing Agency (NURCHA) for 2004-2005.
- The Minister of Minerals and Energy
a) Report and Financial Statements of Vote 31 – Department of Minerals
and Energy for 2004-2005, including the Report of Auditor-General
on the Financial Statements of Vote 31 for 2004-2005 [RP 44-2005].
b) Report and Financial Statements of the Council for Geoscience for
2004-2005, including the Report of the Auditor-General on the
Financial Statements for 2004-2005 [RP 55-2005].
c) Report and Financial Statements of the National Electricity
Regulator (NER) for 2004-2005, including the Report of the Auditor-
General on the Financial Statements for 2004-2005 [RP 184-2005].
d) Report and Financial Statements of the National Nuclear Regulator
(NNR) for 2004-2005, including the Report of the Auditor-General on
the Financial Statements for 2004-2005 [RP 56-2005].
e) Report and Financial Statements of the Mine Health and Safety
Council (MHSC) for 2004-2005, including the Report of the Auditor-
General on the Financial Statements for 2004-2005 [RP 141-2005].
f) Annual Financial Statements of the Central Energy Fund (CEF) Group
of Companies for 2004-2005, including the Reports of the Auditor-
General and the Independent Auditors on the Financial Statements
for 2004-2005 [RP 143-2005].
g) Report and Financial Statements of the Electricity Distribution
Industry Holdings (Pty) Ltd (EDIH) for 2004-2005, including the
Report of the Auditor-General on the Financial Statements for 2004-
2005.
h) Report and Financial Statements of the South African Diamond Board
(SADB) for 2004-2005, including the Report of the Auditor-General
on the Financial Statements for 2004-2005 [RP 59-2005].
i) Report and Financial Statements of the South African Nuclear Energy
Corporation (NECSA) for 2004-2005, including the Report of the
Auditor-General on the Financial Statements for 2004-2005 [RP 168-
2005].
National Assembly
-
The Speaker
(a) Report and Financial Statements of the Special Investigating Unit (SIU) for 2004-2005, including the Report of the Auditor- General on the Financial Statements for 2004-2005 [RP 181-2005].
(b) Letter from the Minister of Minerals and Energy dated 23
September 2005 to the Speaker of the National Assembly, in terms of
section 65(2)(a) of the Public Finance Management Act, 1999 (Act No
1 of 1999), explaining the delay in the tabling of the Annual
Report of MINTEK for 2004-2005:
LATE TABLING OF MINTEK ANNUAL REPORT FOR 2004/5
All public entities are required to submit their annual reports,
financial statements; and audit reports on those financial
statements to the National Assembly. This requirement is in terms
of Section 65 (1) (a) of the Public Finance Management Act.
However, should they fail to do so the Executive Authority should
table a written explanation (S 65 (2) (a)).
Early February this year the Mintek computer software (SAP
Enterprise Wide Operating system) crashed and was only restored on
the 26 April 2005, which resulted in a delay in the preparation of
the annual financial statements for the year ended 31 March 2005.
Mintek requested an extension to submit their annual report by no
later than 17 October 2005. I have granted this approval.
I wish you well and thank you for your support.
signed
Mrs Lindiwe Hendricks, MP Minister of Minerals and Energy
FRIDAY, 30 SEPTEMBER 2005
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Introduction of Bills
(1) The Minister for Justice and Constitutional Development
(i) Constitution Twelfth Amendment Bill [B 33 – 2005]
(National Assembly – sec 74) [Bill published in Government
Gazette No 27962 of 26 August 2005.]
Introduction and referral to the Portfolio Committee on Justice
and Constitutional Development of the National Assembly, as well
as referral to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160, on 30 September 2005.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
- Referrals to Committees of papers tabled
(1) The following paper is referred to the Portfolio Committee on
Education for consideration and report. The Report of the Auditor-
General on the Financial Statements is referred to the Standing
Committee on Public Accounts for consideration:
(a) Report and Financial Statements of Vote 15 – Department of
Education for 2004-2005, including the Report of the Auditor-
General on the Financial Statements of Vote 15 for 2004-2005
[RP 162-2005].
(2) The following paper is referred to the Portfolio Committee on
Environmental Affairs and Tourism for consideration and report. The
Report of the Auditor-General on the Financial Statements is
referred to the Standing Committee on Public Accounts for
consideration:
(a) Report and Financial Statements of South African National
Parks (SANparks) for 2004-2005, including the Report of the
Auditor-General on the Financial Statements for 2004-2005.
(3) The following paper is referred to the Portfolio Committee on
Public Service and Administration for consideration and report. The
Report of the Auditor-General on the Financial Statements is
referred to the Standing Committee on Public Accounts for
consideration:
(a) Report and Financial Statements of the State Information
Technology Agency (Proprietary) Limited (SITA) for 2004-2005,
including the Report of the Auditor-General on the Financial
Statements for 2004-2005 [RP 39-2005].
(4) The following paper is referred to the Portfolio Committee on
Agriculture and Land Affairs for consideration and report. The
Report of the Auditor-General on the Financial Statements is
referred to the Standing Committee on Public Accounts for
consideration:
(a) Report and Financial Statements of Ingonyama Trust Board
for 2004-2005, including the Report of the Auditor-General on
the Financial Statements for 2004-2005 [RP 134-2005].
(5) The following paper is referred to the Portfolio Committee on
Arts and Culture for consideration and report. The Report of the
Auditor-General on the Financial Statements is referred to the
Standing Committee on Public Accounts for consideration:
a) Report and Financial Statements of the William Humphreys Art
Gallery for 2004-2005, including the Report of the Auditor-General
on the Financial Statements for 2004-2005.
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
(a) Report and Financial Statements of the South African Human
Rights Commission (SAHRC) for 2004-2005, including the Report of
the Auditor-General on the Financial Statements for 2004-2005 [RP
208-2005].
- The Presidency
(a) Report and Financial Statements of Vote 1 – The Presidency for
2004-2005, including the Report of the Auditor-General on the
Financial Statements of Vote 1 for 2004-2005 [RP 191-2005].
- The Minister of Finance
(a) Report and Financial Statements of the Public Investment
Corporation (PIC) for 2004-2005, including the Report of the
Auditor-General on the Financial Statements for 2004-2005 [RP 147-
2005].
(b) Report and Financial Statements of the Reconstruction and
Development Programme Fund for 2004-2005, including the Report of
the Auditor-General on the Financial Statements for 2004-2005 [RP
169-2005].
(c) The Address of the Governor of the South African Reserve Bank on
24 August 2005.
(d) Report of the South African Reserve Bank on the eighty-fourth
ordinary general meeting of shareholders for 2004.
- The Minister of Transport
(a) Report and Financial Statements of Vote 33 – Department of
Transport for 2004-2005, including the Report of the Auditor-
General on the Financial Statements of Vote 33 for 2004-2005.
(b) Report and Financial Statements of the South African Maritime
Safety Authority (SAMSA) for 2004-2005, including the Report of the
Auditor-General on the Financial Statements (including the Maritime
Fund) for 2004-2005.
(c) Report and Financial Statements of the South African Civil
Aviation Authority (CAA) for 2004-2005, including the Report of the
Independent Auditors on the Financial Statements for 2004-2005 [RP
82-2005].
(d) Report and Financial Statements of the Railway Safety Regulator
(RSR) for 2004-2005, including the Report of the Auditor-General on
the Financial Statements for 2004-2005.
- The Minister for Provincial and Local Government
(a) Report and Financial Statements of the National House of
Traditional Leaders (NHTL) for 2004-2005.
- The Minister for Public Enterprises
a) Report and Financial Statements of Vote 9 – Department of Public
Enterprises for 2004-2005, including the Report of the Auditor-
General on the Financial Statements of Vote 9 for 2004-2005.
- The Minister of Social Development
(a) Report and Financial Statements of Vote 19 – Department of
Social Development for 2004-2005, including the Report of the
Auditor-General on the Financial Statements of Vote 19 for 2004-
2005 [RP 210-2005].
- The Minister for the Public Service and Administration
(a) Report and Financial Statements of South African Management
Development Institute (SAMDI) for 2004-2005, including the Report
of the Auditor-General on the Financial Statements for 2004-2005
[RP 198-2005].
- The Minister for Agriculture and Land Affairs
(a) Report and Financial Statements of Vote 30 – Department of Land
Affairs for 2004-2005, including the Report of the Auditor-General
on the Financial Statements of Vote 30 for 2004-2005 [RP 132-2005].
- The Minister of Communications a) Report and Financial Statements of the Universal Service Agency (USA) for 2003-2004, 2004-2005 and the Report and Financial Statements of the Universal Service Fund (USF) for 2004-2005, including the Reports of the Auditor-General on the Financial Statements of the Universal Service Agency (USA) for 2003-2004, 2004-2005 and the Universal Service Fund (USF) for 2004-2005 [RP 196-2005].
b) Report and Financial Statements of the Universal Service Agency
(USA) on the Universal Agency Fund (USF) for 2003-2004, including
the Report of the Auditor-General on the Financial Statements for
2003-2004 [RP 15-2005].
- The Minister of Labour
(a) Report and Financial Statements of the National Economic
Development and Labour Council (NEDLAC) for 2004-2005, including
the Report of the Independent Auditors on the Financial Statements
for 2004-2005.
- The Minister of Home Affairs
(a) Report and Financial Statements of the Film and Publications
Board for 2004-2005, including the Report of the Auditor-General on
the Financial Statements for 2004-2005.
(b) Agreement between the Government of the Republic of South Africa
and the Government of the Republic of Mozambique regarding the
Waiver of Visa Requirements for Holders of Ordinary Passports,
tabled in terms of section 231(3) of the Constitution, 1996 (Act No
108 of 1996). 13. The Minister of Arts and Culture
(a) Report and Financial Statements of Vote 14 – Department of Arts
and Culture for 2004-2005, including the Report of the Auditor-
General on the Financial Statements of Vote 14 for 2004-2005.
(b) Report and Financial Statements of the National Arts Council of
South Africa for 2004-2005, including the Report of the Auditor-
General on the Financial Statements for 2004-2005 [RP 180-2005].
- The Minister of Science and Technology
(a) Report and Financial Statements of Vote 18 – Department of
Science and Technology for 2004-2005, including the Report of the
Auditor-General on the Financial Statements of Vote 18 for 2004-
2005.
- The Minister of Housing
a) Report and Financial Statements of Vote 29 – Department of Housing
for 2004-2005, including the Report of the Auditor-General on the
Financial Statements of Vote 29 for 2004-2005 [RP 142-1005].
- The Minister for Justice and Constitutional Development
(a) Report and Financial Statements of Vote 24 – Department of
Justice and Constitutional Development for 2004-2005, including the
Report of the Auditor-General on the Financial Statements of Vote
24 for 2004-2005 [RP 190-2005].
- The Minister of Environmental Affairs and Tourism
a) Report and Financial Statements of the South African Weather
Service for 2004-2005, including the Report of the Auditor-General
on the Financial Statements for 2004-2005 [RP 139-2005].
- The Minister of Correctional Services
a) Report and Financial Statements of Vote 21 – Department of
Correctional Services for 2004-2005, including the Report of the
Auditor-General on the Financial Statements for 2004-2005 [RP 178-
2005].
- The Minister of Water Affairs and Forestry
a) Report and Financial Statements of Vote 34 – Department of Water
Affairs and Forestry for 2004-2005, including the Report of the
Auditor-General on the Financial Statements of Vote 34 for 2004-
2005 [RP 130-2005].
(b) Report and Financial Statements of the Water Research Commission
(WRC) for 2004-2005, including the Report of the Auditor-General on
the Financial Statements for 2004-2005 [RP 116-2005].
(c) Report and Financial Statements of the Trans-Caledon
Tunnel Authority (TCTA) for 2004-2005, including the Report of the
Independent Auditors on the Financial Statements for 2004-2005.
-
The Minister of Health
a) Report and Financial Statements of Vote 16 – Department of Health for 2004-2005, including the Report of the Auditor- General on the Financial Statements of Vote 16 for 2004-2005 [RP 136-2005].
-
The Minister of Sport and Recreation
a) Report and Financial Statements of Vote 20 – Department of Sport
and Recreation for 2004-2005, including the Report of the Auditor-
General on the Financial Statements of Vote 20 for 2004-2005.
National Assembly
- The Speaker
(a) Written comments received from the public and provincial
legislatures on the Constitution Twelfth Amendment Bill [B 33 -
2005], submitted by the Minister for Justice and Constitutional
Development in terms of section 74(6)(a) of the Constitution, 1996.
Referred to the Portfolio Committee on Justice and
Constitutional Development.
MONDAY, 3 OCTOBER 2005
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
-
Assent by President in respect of Bills
1) South African Abattoir Corporation Act Repeal Bill [B 21 – 2005] – Act No 17 of 2005 (assented to and signed by President on 30 September 2005).
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Social Development
a) Report and Financial Statements of the National Development Agency
(NDA) for 2004-2005, including the Report of the Auditor-General on
the Financial Statements for 2004-2005 [RP 197-2005].
-
The Minister of Communications
(a) Report and Financial Statements of Vote 27 – Department of Communications for 2004-2005, including the Report of the Auditor- General on the Financial Statements of Vote 27 for 2004-2005 [RP 212-2005].
TUESDAY, 4 OCTOBER 2005
TABLINGS
National Assembly and National Council of Provinces
- The Minister in The Presidency
a) Report and Financial Statements of the National Youth Commission
for 2004-2005, including the Report of the Auditor-General on the
Financial Statements for 2004-2005 [RP 173-2005].
WEDNESDAY, 5 OCTOBER 2005
ANNOUNCEMENTS
National Assembly
- Referrals to committees of papers tabled
1. The following papers are referred to the Portfolio Committee on
Transport for consideration and report. The Reports of the Auditor-
General and the Independent Auditors on the Financial Statements
are referred to the Standing Committee on Public Accounts for
consideration:
a) Report and Financial Statements of the Road Traffic Management
Corporation (RTMC) for 2002-2003, including the Report of the
Auditor-General on the Financial Statements for 2002-2003 [RP
26-2004].
b) Report and Financial Statements of the Railway Safety Regulator
(RSR) for 2003-2004, including the Report of the Auditor-
General on the Financial Statements for 2003-2004 [RP 81-2005].
c) Report and Financial Statements of the Air Traffic and
Navigation Services Company Limited (ATNS) for 2004-2005,
including the Report of the Independent Auditors on the
Financial Statements for 2004-2005.
2. The following papers are referred to the Portfolio Committee on
Safety and Security for consideration and report. The Reports of
the Auditor-General on the Financial Statements are referred to the
Standing Committee on Public Accounts for consideration:
a) Report and Financial Statements of Vote 25 – Department for
Safety and Security for 2004-2005, including the Report of the
Auditor-General on the Financial Statements for 2004-2005 [RP
187-2005].
b) Report and Financial Statements of Vote 23 – Independent
Complaints Directorate (ICD) for 2004-2005, including the
Report of the Auditor-General on the Financial Statements of
Vote 23 for 2004-2005 [RP 771-2005].
3. The following papers are referred to the Portfolio Committee on
Communications for consideration and report. The Reports of the
Auditor-General and the Independent Auditors on the Financial
Statements are referred to the Standing Committee on Public
Accounts for consideration:
a) Report and Financial Statements of Vote 7 – Government
Communication and Information System (GCIS) for 2004-2005,
including the Report of the Auditor-General on the Financial
Statements for 2004-2005 [RP 172-2005].
b) Report and Financial Statements of Sentech for 2004-2005,
including the Report of the Independent Auditors on the
Financial Statements for 2004-2005.
4. The following paper is referred to the Portfolio Committee on
Public Service and Administrations and the Standing Committee on
Public Accounts for consideration:
a) Letter from the Minister of Public Service and Administration
dated 16 September 2005 to the Speaker of the National
Assembly, in terms of section 65(2)(a) of the Public Finance
Management Act, 1999 (Act No 1 of 1999), explaining the delay
in the tabling of the Annual Report of South African Management
Development Institute (SAMDI) for 2004-2005.
5. The following paper is referred to the Portfolio Committee on
Arts and Culture and the Joint Monitoring Committee on the
Improvement of Quality of Life and Status of Children, Youth and
Disabled Persons for consideration and report. The Report of the
Auditor-General on the Financial Statements is referred to the
Standing Committee on Public Accounts for consideration:
a) Report and Financial Statements of the South African Library
for the Blind for 2004-2005, including the Report of the
Auditor-General on the Financial Statements for 2004-2005.
6. The following paper is referred to the Portfolio Committee on
Foreign Affairs for consideration and report. The Report of the
Auditor-General on the Financial Statements is referred to the
Standing Committee on Public Accounts for consideration:
a) Report and Financial Statements of Vote 3 – Department of
Foreign Affairs for 2004-2005, including the Report of the
Auditor-General on the Financial Statements of Vote 3 for 2004-
2005.
7. The following papers are referred to the Portfolio Committee on
Public Works for consideration and report. The Report of the
Auditor-General on the Financial Statements are referred to the
Standing Committee on Public Accounts for consideration:
a) Report and Financial Statements of the Construction Industry
Development Board (CIDB) for 2004-2005, including the Report of
the Auditor-General on the Financial Statements for 2004-2005
[RP 206-2005].
b) Report and Financial Statements of the Council for the Build
Environment (CBE) for 2004-2005, including the Report of the
Independent Auditors on the Financial Statements for 2004-2005
[RP 177-2005].
8. The following papers are referred to the Portfolio Committee on
Agriculture and Land Affairs for consideration and report. The
Reports of the Auditor-General and the Independent Auditors on the
Financial Statements are referred to the Standing Committee on
Public Accounts for consideration:
a) Report and Financial Statements of the National Agricultural
Marketing Council for 2004-2005, including the Report of the
Auditor-General on the Financial Statements for 2004-2005 [RP 1-
2005].
b) Report and Financial Statements of the Land and Agricultural
Development Bank of South Africa (Land Bank) for 2004-2005,
including the Report of the Auditor-General on the Financial
Statements for 2004-2005 [RP 164-2005].
c) Report and Financial Statements of Onderstepoort Biological
Products Limited for 2004-2005, including the Report of the
Independent Auditors on the Financial Statements for 2004-2005.
9. The following papers are referred to the Portfolio Committee on
Housing for consideration and report. The Reports of the
Independent Auditors on the Financial Statements are referred to
the Standing Committee on Public Accounts for consideration:
a) Report and Financial Statements of Thubelisha Homes for 2004-
2005, including the Report of the Independent Auditors on the
Financial Statements for 2004-2005.
b) Report and Financial Statements of the Social Housing
Foundation for 2004-2005, including the Report of the
Independent Auditors on the Financial Statements for 2004-2005.
c) Report and Financial Statements of the People’s Housing
Partnership Trust (PHPT) for 2004-2005, including the Report of
the Independent Auditors on the Financial Statements for 2004-
2005.
d) Report and Financial Statements of the Rural Housing Loan Fund
(RHLF) for 2004-2005, including the Report of the Independent
Auditors on the Financial Statements for 2004-2005.
10. The following papers are referred to the Portfolio Committee on
Science and Technology for consideration and report. The Reports of
the Auditor-General and the Independent Auditors on the Financial
Statements are referred to the Standing Committee on Public
Accounts for consideration:
a) Report and Financial Statements of the National Research
Foundation (NRF) for 2004-2005, including the Report of the
Auditor-General on the Financial Statements for 2004-2005.
b) Report and Financial Statements of GODISA for 2004-2005,
including the Report of the Independent Auditors on the
Financial Statements for 2004-2005.
(c) Report and Financial Statements of the Africa Institute of
South Africa for 2004- 2005, including the Report of the
Auditor-General on the Financial Statements for 2004-2005.
(d) Report and Financial Statements of the Human Sciences
Research Council (HSRC) for 2004-2005, including the Report of
the Auditor-General on the Financial Statements for 2004-2005
[RP 140-2005].
11. The following papers are referred to the Portfolio Committee on
Trade and Industry for consideration and report. The Reports of the
Auditor-General on the Financial Statements are referred to the
Standing Committee on Public Accounts for consideration:
a) Report and Financial Statements of Ntsika Enterprise Promotion
Agency for the nine months ended 31 December 2004, including
the Report of the Auditor-General on the Financial Statements
for the nine months ended 31 December 2004.
b) Report and Financial Statements of the Industrial Development
Corporation of South Africa Limited (IDC) for 2004-2005,
including the Report of the Independent Auditors on the
Financial Statements for 2004-2005.
c) Report of the South African Council for the Non-Proliferation
of Weapons of Mass Destruction for the period 1 July 2003 to 30
June 2004.
12. The following paper is referred to the Portfolio Committee on
Correctional Services for consideration:
a) Draft Directives regarding Complainant Participation in
Correctional Supervision and Parole Boards, tabled in terms of
section 299A of the Criminal Procedure Act, 1977 (Act No 51 of
1977) as amended.
13. The following paper is referred to the Portfolio Committee on
Defence and the Joint Standing Committee on Defence:
a) The President of the Republic submitted a letter dated 20
September 2005 to the Speaker of the National Assembly
informing Members of the National Assembly of the employment of
the South African National Defence Force in the Democratic
Republic of Congo.
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Arts and Culture
(a) Report and Financial Statements of the Windybrow Centre for the
Arts for 2004-2005, including the Report of the Auditor-General on
the Financial Statements for 2004-2005.
THURSDAY, 6 OCTOBER 2005
TABLINGS
National Assembly and National Council of Provinces
- The Minister for Justice and Constitutional Development
a) Proclamation No R.47 published in Government Gazette No 27986 dated 31 August 2005: Amendment of Regulations, in terms of the Public Funding of Represented Political Parties Act, 1997 (Act No 103 of 1997).
National Assembly
-
The Speaker
a) Report of the Public Service Commission (PSC) on the Management of State Housing [RP 30-2005].
(b) Letter from the Minister of Transport dated 30 September 2005 to
the Speaker of the National Assembly, in terms of section 65(2)(a)
of the Public Finance Management Act, 1999 (Act No 1 of 1999),
explaining the delay in the tabling of the Annual Reports of Public
Entities for 2004-2005:
WRITTEN EXPLANATION ON THE LATE SUBMISSION AND TABLING OF THE
ANNUAL REPORT AND FINANCIAL STATEMENTS OF PUBLIC ENTITIES FOR THE
YEAR ENDED 31 MARCH 2005
I write to inform Parliament that in terms of Sections 65(1)(a)
of the Public Finance Management Act, 1999 (Act No 1 of 1999), as
amended (PFMA), I was unfortunately not able to table the Annual
Reports and audited Financial Statements for the year ended 31
March 2005 of the Cross-Border Road Transport Agency (C-BRTA), the
Road Accident Fund (RAF) and the Road Traffic Management
Corporation (RTMC) before or on Friday, 30 September 2005, as
required by the PFMA. The written explanation in terms of
subsection (2)(a) of the PFMA for the delay in the tabling of the
three Public Entities Annual Reports are as follows:-
The C-BRTA, RAF and RTMC met the requirement to submit their
Annual Financial Statements to the Office of the Auditor-General
(OAG) by 31 st May 2005. However, the OAG raised certain queries
with the Public Entities in question in relation to their financial
reporting, which lead to an unforeseen delay in the auditing of
their Financial Statements.
I have instructed the Department of Transport to ensure that
the outstanding Annual Reports are tabled as soon as possible.
I trust that this will be in order.
Kind regards
signed
Mr J T Radebe, MP
Minister of Transport
(c) Letter from the Minister of Housing dated 29 September 2005 to
the Speaker of the National Assembly, in terms of section 55(d) of
the Public Finance Management Act, 1999 (Act No 1 of 1999),
explaining the delay in the tabling of the Annual Report of the
National Home Builders Registration Council for 2004-2005:
NON-COMPLIANCE WITH SECTION 55(d) OF THE PUBLIC FINANCE
MANAGEMENT ACT (PFMA) WITH REGARDS TO THE ANNUAL REPORT OF THE
NATIONAL HOME BUILDERS REGISTRATION COUNCIL
This letter serves to inform you of the non compliance with
section 55(d) of the Public Finance Management Act 1 of 1999 (PFMA)
by the National Home Builders Registration Council, a public entity
under the control of the Department of Housing, for your noting.
All entities have submitted their annual reports to the
Department of Housing (DOH) on or before the 31 August 2005 except
for the NHBRC which could not finalise their Annual Financial
Statements (AFS) by 31 August 2005. On following-up by the DOH, the
NHBRC indicated that extensive time is still required to finalise
the outstanding matters regarding the AFS for the issuance of an
annual report.
The NHBRC was then requested to provide a report on the extent
of progress with regards to the preparation of the annual report.
The following series of events were given in the report as reasons
for the delay and non-compliance.
31 May 2005: two sets of AFS were submitted to the Auditor-
General by 31 May 2005. One set incorporated the principles of
International Financial Reporting Statements (IFRS 4) and the other
set did not incorporate the IFRS 4. A final decision on the set of
AFS to be used for audit purposes dependant on the results of the
actuarial valuation which was still outstanding.
19 June 2005: The actuarial valuation has been done by a newly
appointed actuarial supplier who’s appointment was effected in
order to rotate suppliers in terms of the NHBRC’s Procurement
Policy. The simultaneous change in the accounting standards in
terms of IFRS 4, culminated in a final report dated 19 June 2005,
which included the final calculations which had to be incorporated
into the unaudited financial statements.
21 June 2005: The financial statements, which incorporated the
IFRS 4 adjustments were populated on the National Treasury template
and copied to the Auditor-General on 21 June 2005.
29 July 2005: The financial statements were submitted to the
Auditor-General on 29 July 2005, under Section 55(1)(c) again, as
the financial statements submitted on 31 May 2005, 21 June 2005 and
those issued as working copies during the audit could not be relied
upon.
The Auditor-General had to obtain an external opinion on the
assumptions and presentation adopted by the NHBRC in respect of
IFRS 4.
The Auditor-General indicated to the NHBRC on the 26 September
that they are reviewing the report by the consultants on the
adoption of the IFRS 4, and that findings on the management letter
including IFRS 4 issues will be discussed with the NHBRC on
Wednesday, 28 September 2005.
In terms of moving forward the following are still outstanding:
• The NHBRC has to respond on the management letter,
after which the Auditor-general will then issue a
signed audit report.
• On receipt of the audit report, the NHBRC will submit
the financial statements to the printers to produce the
“proof” annual report.
• The printed “proof” annual report will be submitted to
the Auditor-General for final checking before printing.
The printing of the final annual financial statements
after proof reading by the Auditor-General is estimated
to take one week.
On review of the report given, it is evident that execution of
the outstanding matters for the completion of the annual report and
the financial statements is outside the control of the DOH and as
such no corrective measures could be taken by DOH to speed up the
processing of those matters.
Kind regards
signed
L N SISULU (MP)
MINISTER OF HOUSING
FRIDAY, 7 OCTOBER 2005
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
(a) Bills returned to Executive
On 5 October 2005 the Speaker, after consultation, referred the
Electricity Regulation Bill [B 29 – 2005], introduced in the National
Assembly as a section 75 Bill on 2 September 2005, back to the Minister
of Minerals and Energy, as it contains both section 75 and section 76
provisions.
TABLINGS
- The Speaker
(a) Communique and synthesis of working group reports of the
Conference of African Parliamentarians on the New Partnership for
Africa’s Development (Nepad), held in Abuja, Nigeria, from 20 to 23
June 2005.
COMMUNIQUE OF THE CONFERENCE OF AFRICAN PARLIAMENTARIANS ON THE NEW
PARTNERSHIP FOR AFRICA’S DEVELOPMENT
(Abuja, Nigeria – June 20 to 23, 2005)
A four-day Conference of African Parliamentarians on the theme, “The
Role of African Parliamentarians in the New Partnership for Africa’s
Development (NEPAD)”, was organised by the House of Representatives of
the Federal Republic of Nigeria in Abuja between June 20-23, 2005. The
conference was declared open by His Excellency Chief Olusegun Obasanjo,
President of the Federal Republic of Nigeria, who was the Special Guest
of Honour, while the opening ceremony was chaired by His Excellency
Alhaji Shehu Shagari, former President of Nigeria.
The conference brought together over 130 participants from 32 countries
drawn from all regions of Africa. Participants included Speakers,
Presidents and Members of the Parliaments, as well as leaders and
members of regional parliamentary bodies, including the Pan-African
Parliament, the Ecowas Parliament, the SADC Parliament and the East
African Legislative Assembly, representatives of governments, civil
society organisations and academia.
The objective of the conference was, inter alia, to provide a platform
for African Parliamentarians to improve their knowledge of the
evolution, aims and objectives of NEPAD and its African Peer Review
Mechanism (APRM) with the view to mobilising the participants for
effective engagement in the implementation processes.
In the plenary and working group sessions, the conference discussed a
variety of issues relating to the NEPAD and APRM documents and in
particular the role of African Parliamentarians in these initiatives.
In this respect, participants welcomed the NEPAD and APRM processes as
important and timely initiatives for leveraging Africa’s social,
economic and political development. The conference observed that there
is limited knowledge of NEPAD and APRM initiatives among
Parliamentarians.
Furthermore, participants noted that Parliamentarians, as the most
important force for galvanising sustainable development, ought to play
a leading role in the NEPAD initiative, particularly in order to ensure
that the people of Africa effectively take ownership of the process.
Accordingly, they agreed and made the following recommendations:
• That African Parliamentarians should take a more active interest in
broadening their awareness of NEPAD and the APRM, and proactively
engage the NEPAD document with a view to enriching it through their
inputs.
• That as representatives of the people, African Parliamentarians
should help to popularise NEPAD, create awareness about its
evolution, aims and objectives, and mobilise support for it among
the peoples of Africa.
• That African Parliaments must ensure adherence by African
governments and other stakeholders to the NEPAD principles,
including, inter alia, a guarantee of free and fair elections,
observation of the rule of law and institution of good governance.
• That all African countries be encouraged to accede to the APRM.
• That African Parliaments should undertake legislative measures to
domesticate the NEPAD blueprint in their respective Parliaments,
amending national laws that are inconsistent with the objectives of
NEPAD and the APRM.
• That African Parliamentarians should effectively engage on the
issue of the debt overhang, which has held back development efforts
in Africa for decades. The conference therefore calls for the
cancellation of Africa’s debts as a first step towards restoring
economic growth on the continent and meeting the Millennium
Development Goals (MDGs).
• That African Parliamentarians should engage more frequently among
themselves and hold similar conferences at regular intervals to
update themselves about the NEPAD and APRM processes, including the
challenges they face and the progress of the implementation effort.
• African Parliamentarians should establish partnerships and linkages
with civil society organisations to facilitate the sharing of
information on the NEPAD and APRM processes, as well as build the
capacity of both sectors to effectively engage on the issues. In
this regard, there should be regular joint workshops for
Parliamentarians and members of civil society.
• That Parliamentarians must ensure that gender equality and youth
participation becomes cross-cutting in the various programmes and
Plan of Action of NEPAD and the APRM.
• That the NEPAD and APRM processes should be used to engage the
international community in advancing Africa’s interest,
particularly in the context of the on-going reform of the United
Nations system, including the quest for permanent seats for African
countries in the UN Security Council.
• Participants commended the Nigerian House of Representatives for
taking the initiative to organise the conference and expressed
gratitude to the government and people of Nigeria for their
hospitality.
The conference report, the reports of the working groups, and the
Agenda for Action, which emerged from the conference, provide further
details.
Unanimously agreed in Abuja, Nigeria, on Thursday, June 23, 2005.
SYNTHESIS OF GROUP REPORTS
The conference was broken into five (5) working groups. The issues considered by the groups were:
- NEPAD and African Parliamentarians: Engagement framework and strategies
- Mainstreaming NEPAD/APRM objectives and principles into national legislation: Strategies and concrete modalities
- Mainstreaming NEPAD/APRM objectivesand principles into regional/subregional legislation: Strategies and concrete modalities
- Defining the role and responsibility of African Parliamentarians in the implementation of the NEPAD/APRM
- NEPAD/APRM and African Parliamentarians: Sensitisation and mobilisation
Within the groups participants deliberated extensively on the issues.
The summary of the recommendations, as presented to the plenary and
adopted, is as follows:
Effective engagement of Parliament
Noting the essence of strategic comprehensive in-depth and broad-based
consultation with all stakeholders for the success of NEPAD/APRM, the
following recommendations emerged towards the effective engagement of
African Parliaments:
• Parliaments are encouraged to develop institutional frameworks for
effective engagement on NEPAD/APRM issues. The framework should
include designs to facilitate an effective understanding by
Parliamentarians of NEPAD and its objectives, bridge the current gap
existing between the executive and legislature, and facilitate the
sensitisation and mobilisation of the citizenry of their various
constituencies.
• Parliamentarians must engage the NEPAD document with a view to
enriching and fine-tuning it and popularise NEPAD as representatives
of the people.
• The strengthening of Parliaments across the continent to enhance the
effective performance of oversight functions.
• Parliaments should become more independent.
• Parliamentarians must be involved in constructive engagement with
their heads of state and government.
• Capacity-building and institutional support for the effective
operation and functioning of Parliaments on NEPAD, eg through training
and recruitment of adequate support staff.
• A two-way reporting system should be built into the engagement process
of Parliaments with regional and subregional parliamentary bodies.
Role of African Parliaments in the NEPAD and legislative measures The need to establish a nexus of collective effort between heads of state and government, Parliamentarians and the people towards the transformation of African economies and societies based on a set of commonly derived values through the NEPAD/APRM initiatives requires that Parliaments play a significant role through some legislative measures: • African Parliaments must ensure adherence to NEPAD principles by the government and other stakeholders, for instance on free and fair elections, the rule of law and good governance. African Parliaments should make the executive act on a consistent basis in developing projects within the framework of NEPAD. • Parliamentarians should initiate and enact laws to domesticate the NEPAD blueprint in their respective countries and take measures to enhance the necessary internal cooperation and regional and subregional cooperation in all facets of national activities and development. • There must be collaboration between Parliaments of all NEPAD nations and the other arms of government. • Establishment of a Parliamentary Committee on the AU and NEPAD exclusive of any that may be in existence for Foreign Affairs. • Create a direct network with the NEPAD Secretariat. • Parliaments are to have a technical group or team that will help it to analyse and engage the NEPAD process, in other words provide technical back-up. • Need to establish and subscribe to the African Parliamentary Network on NEPAD. • Parliaments, through the prescribed committee, should exercise an oversight function over all NEPAD-related activities being handled by the executive arm of government. • Parliament should exercise the power of appropriation on the funding of NEPAD in the respective countries, that is on internally and externally generated or sourced funds. • Subnational Parliaments (state or provincial or regional Houses of Assembly) should be engaged in active dialogue on the NEPAD agenda, particularly as it affects the peculiarities of their respective areas of jurisdiction. • Exchanging of information and experiences between national and regional Parliaments in order to reinforce communication about the goals of NEPAD for their popularisation so as to allow African societies to own them. • Reinforcing the role of the African Parliament in the implementation of NEPAD and the APRM. • Harmonising national and regional laws on customs, trade and migration. • Putting up regional Parliaments in every economic bloc of regional integration like Ecowas, SADC, etc and exchanging information and experiences between national and regional Parliaments in order to reinforce communication about the goals of NEPAD for their popularisation so as to allow African societies to own them. • African Parliamentarians should amend all national laws that are not consistent with the objectives of NEPAD and the APRM. In the same vein they should legislate on laws that will assist in the overall implementation of NEPAD.
Funding The conference noted the current challenges related to the funding of NEPAD and the APRM and recommended the urgent need to diversify the projected sources of funding, with emphasis on internal funding to guarantee sustainability: • There is an urgent need to carry out a reprioritisation of the NEPAD programmes in order to undertake in a sequential manner critical areas of need. • The NEPAD agenda in countries should be focused on sustainable micro projects that impact positively on the peoples of Africa as opposed to the current grandiose macro projects. • African Parliaments are encouraged to address the issue of undertaxation by embarking on appropriate tax reform agendas in their respective countries. • Each African country should enhance its tax profile to make more funds available for developmental projects. • The current initiative to source funding for the AU (the proposed taxation on air travel) should incorporate NEPAD. • While not relying on external funding, African Parliaments and executives should make concerted efforts to secure external support in financing NEPAD – the details of such support should be well analysed in order not to create a future liability for Africa.
Mobilisation, public enlightenment and awareness creation • Training programmes should be organised for parliamentary staff, the media and related institutions to aide the work of Parliamentarians as it relates to NEPAD/APRM. • Parliamentarians should be proactive and should not always wait for the executive in getting and providing information concerning NEPAD and the APRM to the media and citizenry. • Improve partnerships with civil society organisations that have experience on NEPAD and the APRM and use them to reach communities, develop links with the communities and organise programmes on NEPAD and the APRM. • Constitute a network of media organisations on NEPAD and the APRM.
Additional issues
The other recommendations that should make Parliamentarians provide an
enabling environment in terms of funding and oversight processes for
the effective implementation of NEPAD, its monitoring and the
evaluation of its programmes and activities to ensure project
discipline, efficiency and sustainability, are:
• African Parliamentarians should partner with civil society in
moving NEPAD forward in terms of information-sharing and capacity-
building. In this regard, regular workshops should be organised for
Parliamentarians.
• Encourage governments to include NEPAD in the school curriculum,
both at university and college level.
• African Parliaments should as a matter of urgency debate and
formally adopt NEPAD as the framework for national development
policy.
• Embark on public enlightment campaigns, especially at constituency
and grassroots level.
• African Parliaments should create appropriate parliamentary
structure(s) that will guarantee an engagement process with NEPAD,
using ICT and other means to achieve this.
• A capacity-building fund should be created by Parliament through
the national budgetary process and other means to ensure the
continuous engagement of Parliament with NEPAD.
• African Parliamentarians should engage Africans in the diaspora and
sensitise them about the need for them to mobilise global support
and encourage the wider international community to appreciate the
developmental needs of Africa.
Referred to the Portfolio Committee on Foreign Affairs for consideration, the Subcommittee on African Union to advise on the role of Parliament in South Africa’s APRM process.
MONDAY, 10 OCTOBER 2005
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
(a) Report and Financial Statements of the Pan South African
Language Board (PanSALB) for 2004-2005, including the Report of the
Auditor-General on the Financial Statements for 2004-2005 [RP 205-
2005]. 2. The Minister of Finance
(a) Exchange of Letters between the Government of the Republic of
South Africa and the Government of the Federal Republic of Germany
concerning the Decentralised Development Programme, tabled in terms
of section 231(3) of the Constitution, 1996 (Act No 108 of 1996).
b) Explanatory Memorandum on the Exchange of Letters between the
Government of the Republic of South Africa and the Government of
the Federal Republic of Germany concerning the Decentralised
Development Programme.
c) Exchange of Letters between the Government of the Republic of South
Africa and the Government of the Federal Republic of Germany
concerning the Promotion of Rural Livelihoods in Eastern Cape
Province Project, tabled in terms of section 231(3) of the
Constitution, 1996 (Act No 108 of 1996).
d) Explanatory Memorandum on the Exchange of Letters between the
Government of the Republic of South Africa and the Government of
the Federal Republic of Germany concerning the Promotion of Rural
Livelihoods in Eastern Cape Province Project
e) Exchange of Letters between the Government of the Republic of South
Africa and the Government of the Federal Republic of Germany
concerning the Training and Support for Natural Resource Management
(Transform) Project, tabled in terms of section 231(3) of the
Constitution, 1996 (Act No 108 of 1996).
f) Explanatory Memorandum on the Exchange of Letters between the
Government of the Republic of South Africa and the Government of
the Federal Republic of Germany concerning the Training and Support
for Natural Resource Management (Transform) Project.
g) Exchange of Letters between the Government of the Republic of
South Africa and the Government of the Federal Republic of Germany
concerning the Broadening Agricultural Services and Extension
Delivery Project, tabled in terms of section 231(3) of the
Constitution, 1996 (Act No 108 of 1996).
h) Explanatory Memorandum on the Exchange of Letters between the
Government of the Republic of South Africa and the Government of
the Federal Republic of Germany concerning the Broadening
Agricultural Services and Extension Delivery Project.
i) Exchange of Letters between the Government of the Republic of South
Africa and the Government of the Federal Republic of Germany
concerning the Training System for Education, Training and
Development Practitioners (ETDP SETA) Project, tabled in terms of
section 231(3) of the Constitution, 1996 (Act No 108 of 1996).
j) Explanatory Memorandum on the Exchange of Letters between the
Government of the Republic of South Africa and the Government of
the Federal Republic of Germany concerning the Training System for
Education, Training and Development Practitioners (ETDP SETA)
Project.
k) Exchange of Letters between the Government of the Republic of
South Africa and the Government of the Federal Republic of Germany
concerning the Trade and Industrial Policy Secretariat (TIPS)
Consultancy Project, tabled in terms of section 231(3) of the
Constitution, 1996 (Act No 108 of 1996).
l) Explanatory Memorandum on the Exchange of Letters between the
Government of the Republic of South Africa and the Government of
the Federal Republic of Germany concerning the Trade and Industrial
Policy Secretariat (TIPS) Consultancy Project.
m) Exchange of Letters between the Government of the Republic of
South Africa and the Government of the Federal Republic of Germany
concerning Assistance for the National Housing Finance Corporation
(NHFC) Programme, tabled in terms of section 231(3) of the
Constitution, 1996 (Act No 108 of 1996).
n) Explanatory Memorandum on the Exchange of Letters between the
Government of the Republic of South Africa and the Government of
the Federal Republic of Germany concerning Assistance for the
National Housing Finance Corporation (NHFC) Programme.
o) Exchange of Letters between the Government of the Republic of
South Africa and the Government of the Federal Republic of Germany
concerning the Municipal Finance Management Programme, tabled in
terms of section 231(3) of the Constitution, 1996 (Act No 108 of
1996).
p) Explanatory Memorandum on the Exchange of Letters between the
Government of the Republic of South Africa and the Government of
the Federal Republic of Germany concerning the Municipal Finance
Management Programme.
q) Exchange of Letters between the Government of the Republic of South
Africa and the Government of the Federal Republic of Germany
concerning the Provincial Administration Support Programme in the
Eastern Cape, tabled in terms of section 231(3) of the
Constitution, 1996 (Act No 108 of 1996).
(r) Explanatory Memorandum on the Exchange of Letters between the
Government of the Republic of South Africa and the Government of
the Federal Republic of Germany concerning the Provincial
Administration Support Programme in the Eastern Cape.
(s) Exchange of Letters between the Government of the Republic of
South Africa and the Government of the Federal Republic of Germany
concerning the Vocational Education and training Fund Project,
tabled in terms of section 231(3) of the Constitution, 1996 (Act No
108 of 1996).
t) Explanatory Memorandum on the Exchange of Letters between the
Government of the Republic of South Africa and the Government of
the Federal Republic of Germany concerning the Vocational Education
and training Fund Project.
u) Exchange of Letters between the Government of the Republic of South
Africa and the Government of the Federal Republic of Germany
concerning the Urban Upgrading and Development Programme, tabled in
terms of section 231(3) of the Constitution, 1996 (Act No 108 of
1996).
v) Explanatory Memorandum on the Exchange of Letters between the
Government of the Republic of South Africa and the Government of
the Federal Republic of Germany concerning the Urban Upgrading and
Development Programme.
w) Exchange of Letters between the Government of the Republic of South
Africa and the Government of the Federal Republic of Germany
concerning the Planning and Implementation Management Support
Systems for Municipalities Programme, tabled in terms of section
231(3) of the Constitution, 1996 (Act No 108 of 1996).
x) Explanatory Memorandum on the Exchange of Letters between the
Government of the Republic of South Africa and the Government of
the Federal Republic of Germany concerning the Planning and
Implementation Management Support Systems for Municipalities
Programme.
y) Exchange of Letters between the Government of the Republic of South
Africa and the Government of the Federal Republic of Germany
concerning the Economic and Development Policy Advisory Programme,
tabled in terms of section 231(3) of the Constitution, 1996 (Act No
108 of 1996).
z) Explanatory Memorandum on the Exchange of Letters between the
Government of the Republic of South Africa and the Government of
the Federal Republic of Germany concerning the Economic and
Development Policy Advisory Programme.
aa) Exchange of Letters between the Government of the Republic of South
Africa and the Government of the Federal Republic of Germany
concerning the HIV/AIDS Cross-Sectoral Fund Project, tabled in
terms of section 231(3) of the Constitution, 1996 (Act No 108 of
1996).
ab) Explanatory Memorandum on the Exchange of Letters between the
Government of the Republic of South Africa and the Government of
the Federal Republic of Germany concerning the HIV/AIDS Cross-
Sectoral Fund Project.
ac) Exchange of Letters between the Government of the Republic of South
Africa and the Government of the Federal Republic of Germany
concerning the Advisory Support for the Consolidation of the
Mpumalanga Provincial Administration Project, tabled in terms of
section 231(3) of the Constitution, 1996 (Act No 108 of 1996).
ad) Explanatory Memorandum on the Exchange of Letters between the
Government of the Republic of South Africa and the Government of
the Federal Republic of Germany concerning the Advisory Support for
the Consolidation of the Mpumalanga Provincial Administration
Project.
ae) Exchange of Letters between the Government of the Republic of South
Africa and the Government of the Federal Republic of Germany
concerning the Basic Employment and Skills Training Programme in
the Free State and Eastern Cape Provinces, tabled in terms of
section 231(3) of the Constitution, 1996 (Act No 108 of 1996).
af) Explanatory Memorandum on the Exchange of Letters between the
Government of the Republic of South Africa and the Government of
the Federal Republic of Germany concerning the Basic Employment and
Skills Training Programme in the Free State and Eastern Cape
Provinces.
ag) Exchange of Letters between the Government of the Republic of South
Africa and the Government of the Kingdom of Norway regarding Mutual
Assistance between their Customs Administrations, tabled in terms
of section 231(3) of the Constitution, 1996 (Act No 108 of 1996).
ah) Explanatory Memorandum on the Exchange of Letters between the
Government of the Republic of South Africa and the Government of
the Kingdom of Norway regarding Mutual Assistance between their
Customs Administrations.
ai) Agreement between the Government of the Republic of South Africa
and the Government of the Republic of Turkey regarding Mutual
Assistance between their Customs Administrations, tabled in terms
of section 231(3) of the Constitution, 1996 (Act No 108 of 1996).
aj) Explanatory Memorandum on the Agreement between the Government of
the Republic of South Africa and the Government of the Republic of
Turkey regarding Mutual Assistance between their Customs
Administrations.
ak) Government Notice No R.794 published in Government Gazette No 26868
dated 12 August 2005: Determination of amounts for purposes of the
Act, in terms of the Military Pensions Act, 1976 (Act No 84 of
1976).
al) Government Notice No R.860 published in Government Gazette No 27976
dated 2 September 2005: Determination of limit on amount of
remuneration for purposes of determination of contribution in terms
of section 6, in terms of the Unemployment Insurance Act, 2002 (Act
No 4 of 2002).
- The Minister of Trade and Industry
(a) Trade and Economic Agreement between the Republic of South
Africa and the Republic of Turkey, tabled in terms of section
231(3) of the Constitution, 1996 (Act No 108 van 1996).
(b) Explanatory Memorandum to the Trade and Economic Agreement
between the Republic of South Africa and the Republic of Turkey.
National Assembly
- The Speaker
(a) Reply from Minister for Agriculture and Land Affairs to
recommendations in the Report of Portfolio Committee on Agriculture
and Land Affairs on Public Hearings on Pace of Land Reform, as
adopted by the House on 7 June 2005.
COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Trade and Industry on the National Credit Bill [B 18 - 2005] (National Assembly - sec 76), dated 7 October 2005:
The Portfolio Committee on Trade and Industry, having considered the subject of the National Credit Bill [B 18 - 2005] (National Assembly - sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B 18A - 2005].
-
Report of the Portfolio Committee on Water Affairs and Forestry on the Forestry Laws Amendment Bill [B 24 - 2005] (National Assembly - sec 76), dated 7 October 2005:
The Portfolio Committee on Water and Forestry, having considered the subject of the Forestry Laws Amendment Bill [B 24 - 2005] (National Assembly - sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B 24A - 2005].
TUESDAY, 11 OCTOBER 2005
ANNOUNCEMENTS
National Assembly
-
Designation of Acting Speaker As I will be absent from Parliament from 11 to 24 October, in accordance with the resolution adopted by the House on 24 June 2004 I have designated Deputy Speaker G L Mahlangu-Nkabinde to act as Speaker for the period 11 to 14 October and House Chairperson Mr G Q M Doidge to act as Speaker for the period 15 to 24 October.
-
Designation of Acting Deputy Speaker
As both the Deputy Speaker and I will be absent from Parliament during
certain periods in October, in accordance with the resolution adopted
by the House on 24 June 2004, I have designated –
1. House Chairperson Mr G Q M Doidge to act as Deputy Speaker for the
period 11 to 14 October, and
2. House Chairperson Ms C-S Botha to act as Deputy Speaker for the
period 15 to 24 October.
- Referrals to Committees of papers tabled
1. The following Report of the Auditor-General on the Financial
Statements of Vote 1 is referred to the Standing Committee on Public
Accounts for consideration:
a) Report and Financial Statements of Vote 1 – The Presidency for
2004-2005, including the Report of the Auditor-General on the
Financial Statements of Vote 1 for 2004-2005 [RP 191-2005].
2. The following paper is referred to the Joint Monitoring Committee on
Improvement of Quality of Life and Status of Women for consideration
and report.
a) Office on the Status of Women contained in the Report and
Financial Statements of Vote 1 – The Presidency for 2004-2005,
including the Report of the Auditor-General on the Financial
Statements of Vote 1 for 2004-2005 [RP 191-2005]:
3. The following paper is referred to the Joint Monitoring Committee on
Improvement of Quality of Life and Status of Children, Youth and
Disabled Persons for consideration and report:
a) Office on the Rights of the Child and the Office on the Status
of Disabled Persons contained in the Report and Financial
Statements of Vote 1 – The Presidency for 2004-2005, including
the Report of the Auditor-General on the Financial Statements
of Vote 1 for 2004-2005 [RP 191-2005].
4. The following paper is referred to the Joint Monitoring Committee on
Improvement of Quality of Life and Status of Children, Youth and
Disabled Persons for consideration and report. The Report of the
Auditor-General on the Financial Statements is referred to the
Standing Committee on Public Accounts for consideration:
(a) Report and Financial Statements of the National Youth Commission
for 2004-2005, including the Report of the Auditor-General on
the Financial Statements for 2004-2005 [RP 173-2005].
TABLINGS
National Assembly
- The Speaker
(a) Letter from the Minister of Environmental Affairs and Tourism
dated 10 October 2005 to the Speaker of the National Assembly, in
terms of section 65(2)(a) of the Public Finance Management Act,
1999 (Act No 1 of 1999), explaining the delay in the tabling of the
Annual Report of Marine Living Resources Fund for 2004-2005:
MARINE LIVING RESOURCES FUND: DELAY IN SUBMITTING OF THE ANNUAL
REPORT FOR THE 2004/05 FINANCIAL YEAR
1. In terms of section 65(2)(a) of the PFMA, the Executive
Authority must table a written
explanation in the legislature setting out the reasons why an
annual report was not tabled. To this end, this communication
serves to inform you about the MLRF’s reasons for the delay in
submitting their Annual report to the relevant Legislature for
the financial year in question.
2. Audits for the 2002/03 and 2003/04 financial years were done
during May to August
2004. The Audit reports pertaining to the aforementioned
financial years are currently under review by the Auditor-
General. Although a draft report has been issued in respect of
the 2004/05 financial year, the Financials and auditor-General
Report for the 2002-2004 financial years has not been finalized.
3. A formal letter was sent to the Auditor-General on Tuesday, 27
September 2005 to obtain a written commitment in terms of dates
to enable the MLRF to finalize their Audit Report. We have
subsequently been in contact with the AG’s office, but they were
unable to give us a definite date for the completion of the
reports. We anticipate that it will take approximately 2-3 weeks
for them to finalize the review of the 2002/03 and 2003/04
reports.
Kind regards
MARTHINUS VAN SCHALKWYK
MINISTER OF ENVIROMENTAL AFFAIRS AND TOURISM
COMMITTEE REPORTS
National Assembly:
-
Report of the Portfolio Committee on Justice and Constitutional Development on the Provisional Suspension from Office Mr M S E Khumalo, Head of Office at the Amsterdam Magistrate Court, dated 22 September 2005:
The Portfolio Committee for Justice and Constitutional Development, having considered the report on the provisional suspension from office of Magistrate M S E Khumalo, tabled by the Minister for Justice and Constitutional Development in terms of section 13(3)(b) of the Magistrates Act, 1993 (Act 90 of 1993), reports as follows:
1) The Portfolio Committee noted from the report that the Minister provisionally suspended Mr Khumalo from office on the 22 August 2005 in terms of section 13(3)(a) of the Magistrates Act, 1993. The report of the Minister which indicates reasons for the provisional suspension was tabled in Parliament on 23 August 2005, in compliance with section 13(3)(b) of the Magistrates Act, 1993.
2) The Portfolio Committee invited Mr Khumalo on the 30 August 2005
to submit written representations to the Committee regarding the
recommendation of the Magistrates Commission. The Committee did
not receive any response to the invitation by the 13 September
2005.
3) The Portfolio Committee noted that Mr Khumalo is charged with
stealing monies belonging to a deceased estate in the amount of
R240 951,96 during the period between 31 July 1999 and 3 April
2001.
4) In terms of section 13(3)(c) of Magistrates Act, 1993,
Parliament must as soon as is reasonably possible pass a
resolution as to whether or not the provisional suspension of the
magistrate is confirmed. The Portfolio Committee considers the
allegation to be of such a serious nature as to make it
inappropriate for Mr Khumalo to perform his functions as
magistrate while the inquiry referred to in section 13(3)(e) of
the Magistrates Act, 1993 is being held and therefore recommends
that the National Assembly resolve to confirm the provisional
suspension of Mr Khumalo in terms of section 13 (3) (c) of the
Magistrates Act, 1993.
5) The Committee further recommends that a progress report in
respect of the inquiry of the Magistrates Commission be tabled in
accordance with the provisions of section 13(3)(f) of the
Magistrates Act, 1993 and the first report to be tabled in
Parliament by the 13 January 2006.
Report to be considered.
- Report of the Portfolio Committee on Justice and Constitutional Development on the Provisional Suspension from Office Mr M F Mathe, an Additional Magistrate at Pinetown, dated 22 September 2005:
The Portfolio Committee for Justice and Constitutional Development,
having considered the report on the provisional suspension from office
of Magistrate M F Mathe, tabled by the Minister for Justice and
Constitutional Development in terms of section 13(3)(b) of the
Magistrates Act, 1993 (Act 90 of 1993), reports as follows:
1) The Portfolio Committee noted from the report that the Minister
provisionally suspended Mr Mathe on the 22 August 2005 in terms of
section 13(3)(a) of the Magistrates Act, 1993. The report of the
Minister indicated reasons for the provisional suspension was tabled
in Parliament on 23 August 2005, in compliance with section 13(3)(b)
of the Magistrates Act, 1993.
2) The Portfolio Committee invited Mr Mathe on the 30 August
2005 to submit written
representations to the Committee regarding the recommendation of the
Magistrates Commission. The Committee did not receive any response
to the invitation by the 13 September 2005.
3) The Portfolio Committee noted that Mr Mathe is charged with stealing monies belonging to a deceased estate in the amount of R16 200,00 during the period between December 2002 and January 2003. 4) In terms of section 13(3)(c) of Magistrates Act, 1993, Parliament must as soon as is reasonably possible pass a resolution as to whether or not the provisional suspension of the magistrate is confirmed. The Portfolio Committee considers the allegation to be of such a serious nature as to make it inappropriate for Mr. Mathe to perform his functions as magistrate while the inquiry referred to in section 13(3)(e) of the Magistrates Act, 1993 is held and therefore recommends that the National Assembly resolve to confirm the provisional suspension of Mr. Mathe in terms of section 13 (3) (c) of the Magistrates Act, 1993.
5) The Committee further recommends that a progress report in respect of the inquiry of the Magistrates Commission be tabled in accordance with the provisions of section 13(3)(f) of the Magistrates Act, 1993 and the first report to be tabled in Parliament by the 13 January 2006.
Report to be considered.
WEDNESDAY, 12 OCTOBER 2005
ANNOUNCEMENTS
National Assembly
- Membership of Committees
1) Ms D G Nhlengethwa has been elected as Chairperson of the Portfolio
Committee on Agriculture and Land Affairs with effect from 11
October 2005.
COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Justice and Constitutional Development on the Repeal of Black Administration Act and Amendment of Certain Laws Bill [B 25 - 2005] (National Assembly – sec 76), dated 11 October 2005:
The Portfolio Committee on Justice and Constitutional Development, having considered the subject matter of the Repeal of Black Administration Act and Amendment of Certain Laws Bill [B 25 – 2005] (National Assembly – sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, endorses the classification of the Bill and reports the Bill with amendments [B 25A -2005].
The Committee wishes to report further, as follows: Many provisions of the Black Administration Act, 1927 (Act 38 of 1927) (the Act), which this Bill seeks to repeal, cannot be repealed until such time as the relevant competent authorities at the national, provincial and local levels of government have enacted and implemented suitable substitute legislation. That being the case, the approach adopted in the Bill is an incremental one, with sunset clauses being used to give these authorities time to pass and implement the required substitute legislation, where necessary. After receiving information on the readiness of these authorities as far as the enactment and implementation of this substitute legislation is concerned, the Committee decided to extend the date in these sunset clauses from 31 December 2005, proposed in the Bill as introduced into Parliament, to 31 July 2006. Failure by the authorities in question to meet this deadline, will result in the provisions of the Act being repealed which could possibly give rise to a legal vacuum. The Committee consequently instructs the following authorities to report to it by 31 January 2006 on the following issues in order to monitor the progress being made before the expiry of the sunset clauses: (i) The relevant provinces, through the Department of Provincial and Local Government, must report on progress made with the enactment and implementation of appropriate substitute provincial legislation on matters currently dealt with in – * section 2(7), (7) bis, (7) ter and (8) of the Act, dealing with the powers of the Governor-General to appoint chiefs and prescribe their duties, powers and their conditions of service; * if applicable and desirable, section 5(1)(a) of the Act, dealing with the powers of the Governor-General to define the boundaries of the area of any tribe or tribal settlement and with the amalgamation of tribes or parts of tribes into a single tribe or the constitution of a new tribe. (ii) The Department of Justice and Constitutional Development must report on progress made with the enactment and implementation of appropriate substitute legislation which is currently dealt with in - * sections 12 and 20 and the Third Schedule of the Act, dealing with the judicial functions of traditional leaders; and * section 22(7) and (8) of the Act, dealing with proprietary rights of a certain category of women married according to customary law. (The Department is also requested to investigate the proprietary rights of other women who are in relationships that are not regulated by the Marriage Act, 1961, and who might be in a vulnerable position as a result of their relationships not being recognised as valid marriages and to include any such categories of women into the substitute legislation, should this be necessary). (iii) The Department of Land Affairs, as the lead Department, together with the Department of Provincial and Local Government, in conjunction with the provinces in question, and any other relevant authority, must initiate an inter-departmental investigation to determine whether there will be any unintended consequences which will be brought about by the repeal of the subordinate legislation that has been kept alive by sections 5 and 8 of the Abolition of Racially Based Land Measures Act, 1991, and on progress made in identifying, repealing or amending such subordinate legislation, or enacting new legislation, as may be required by the circumstances. iv) The Department of Justice and Constitutional Development, having undertaken a preliminary investigation to identify possible authorities in relation to the subordinate legislation referred to in paragraph (iii) above, has produced the attached table containing the results of this investigation. The Committee consequently requests the Department, immediately after the National Assembly has voted on the Bill, to bring this table to the attention of all role-players who might possibly be responsible for the administration of any subordinate legislation which has been kept alive by sections 5 and 8 of the Abolition of Racially Based Land Measures Act, 1991, requesting them to either repeal or amend this legislation or enact new legislation, as may be required by the circumstances before the expiry of the sunset clause of 31 July 2006. The Committee considered clause 3 of the Bill as introduced into Parliament, dealing with the manner in which a traditional leader can bind a traditional community for his or her personal obligations. The Committee noted that the concept dealt with in this clause had its origins in the Black Administration Act, 1927, which is a piece of legislation that promoted Apartheid and the Committee expressed the view that a provision of this nature seems to be at odds with the spirit of the Constitution and more specifically the Bill of Rights. The Committee raised the question whether a provision of this nature is necessary or desirable in a constitutional dispensation and consequently suggested that the clause be deleted after the Department of Provincial and Local Government indicated that it did not feel strongly that the clause remain in the Bill. The Committee nevertheless invited the Department of Provincial and Local Government, in conjunction with the provinces in question, to investigate the matter further and to submit any proposed legislation to Parliament or to the Provincial Legislatures, should this appear to be necessary.
Report to be considered.
-
Fifty-Eighth Report of Standing Committee on Public Accounts: Unauthorized Expenditure (Government Communication and Information Services), dated 14 September 2005:
UNAUTHORIZED EXPENDITURE FROM PREVIOUS YEARS
Background
The Committee notes the unauthorized expenditure totaling R1 591 000.00 incurred during the 2003/04 financial year and reports as follows:
2003/04 Financial year
(a) R1 591 000.00 over-expenditure in the recurrent budget of the Department.
In oral evidence provided by the National Treasury on the above- mentioned instances of unauthorized expenditure, the National Treasury confirmed that:
❑ Services for the expenditure were received to the satisfaction of the
department;
❑ No individual benefited from such expenditure and;
❑ Control measures are in place to prevent this from reoccurring.
Recommendation
In light of the above, the Committee recommends that Parliament
approve the amount of R1 591 000.00 incurred during the 2003/04
financial year.
The Committee reviewed the written evidence submitted by the
Department and is satisfied that it is implementing measures to
prevent a reoccurrence. The Committee will monitor the Department’s
progress in this regard.
In addition, the Committee wishes to point out that Parliament has
ensured that the Public Finance Management Act (PFMA) contains
provisions aimed at strict budgetary discipline. All future instances
of unauthorized expenditure will therefore be thoroughly scrutinized
in terms of sections 34, 38 and 81 of the PFMA.
Report to be considered.
-
Fifty-Ninth Report of Standing Committee on Public Accounts: Unauthorized Expenditure (Presidency), dated 14 September 2005:
UNAUTHORIZED EXPENDITURE FROM PREVIOUS YEARS
Background
The Committee notes the unauthorized expenditure totaling R491 210.99 incurred during the 1998/99 financial year and unauthorized expenditure totaling R2 569 000.00 incurred during the 2002/03 financial year, and reports as follows:
1998/99 Financial year
a) R139 118.86 was incurred as a result of non-compliance with procurement procedures and regulations.
b) R270 480.03 was incurred as a result of non-compliance with treasury regulations.
c) R81 612.10 was incurred as a result of non-compliance with procurement procedures.
2002/03 Financial year
c) R2 569 000.00 was incurred as a result of overspending on the vote.
In oral evidence provided by the National Treasury on the above- mentioned instances of unauthorized expenditure, the National Treasury confirmed that:
❑ Services for the expenditure were received to the satisfaction of the department; ❑ No individual benefited from such expenditure and; ❑ Control measures are in place to prevent this from reoccurring.
Recommendation
In light of the above, the Committee recommends that Parliament approve the amount of R491 210.99 relating to the 1998/99 financial year and the amount of R2 569 000.00 relating to the 2002/03 financial year.
Notwithstanding the above recommendation, the Committee views lack of adherence to State Tender Board directives with concern. The Committee will monitor the department’s progress in this regard.
In addition, the Committee wishes to point out that Parliament has ensured that the Public Finance Management Act (PFMA) contains provisions aimed at strict budgetary discipline. All future instances of unauthorized expenditure will therefore be thoroughly scrutinized in terms of sections 34, 38 and 81 of the PFMA.
Report to be considered.
-
Sixtieth Report of Standing Committee on Public Accounts: Unauthorized Expenditure (Department of Home Affairs), dated 14 September 2005:
UNAUTHORIZED EXPENDITURE FROM PREVIOUS YEARS
Background
The Committee notes the unauthorized expenditure totaling R4 682 751.20 incurred during the 2000/01 financial year and reports as follows:
2000/01 Financial year
a) R388 842.60 was incurred as a result of non-compliance with State
Tender Board directives in procuring the services of Chubb
Protection Services (Pty) Ltd
b) b) R4 293 908.60 incurred for the transportation of deportees by
air without prior approval from the State Tender Board.
In oral evidence provided by the National Treasury on the above-
mentioned instances of unauthorized expenditure, the National Treasury
confirmed that:
❑ Services for the expenditure were received to the satisfaction
of the department;
❑ No individual benefited from such expenditure and;
❑ Control measures are in place to prevent this from
reoccurring.
Recommendation
In light of the above, the Committee recommends that Parliament
approve the amount of R4 682 751.20 incurred during the 2000/01
financial year.
Notwithstanding the above recommendation, the Committee views lack of
adherence to State Tender Board directives with concern. The Committee
will monitor the department’s progress in this regard.
In addition, the Committee wishes to point out that Parliament has
ensured that the Public Finance Management Act (PFMA) contains
provisions aimed at strict budgetary discipline. All future instances
of unauthorized expenditure will therefore be thoroughly scrutinized
in terms of sections 34, 38 and 81 of the PFMA.
Report to be considered.
-
Sixty-First Report of Standing Committee on Public Accounts: Unauthorized Expenditure (South African Management Development Institute), dated 14 September 2005:
UNAUTHORIZED EXPENDITURE FROM PREVIOUS YEARS
Background
The Committee notes the unauthorized expenditure totaling R4 370 000.00 incurred during the 2002/03 financial year and reports as follows:
2002/03 Financial year
a) R4 370 000.00 was incurred when the Department overspent on certain programs. The main reason was that donor funding for the programs ended and the Department had to continue funding them.
In oral evidence provided by the National Treasury on the above- mentioned instances of unauthorized expenditure, the National Treasury confirmed that:
❑ Services for the expenditure were received to the satisfaction of the Department; ❑ No individual benefited from such expenditure and; ❑ Control measures are in place to prevent this from reoccurring.
Recommendation In light of the above, the Committee recommends that Parliament approve the amount of R4 370 000.00 incurred during the 2002/03 financial year.
Notwithstanding the above recommendation, the Committee views lack of adherence to State Tender Board directives with concern. The Committee will monitor the Department’s progress in this regard.
In addition, the Committee wishes to point out that Parliament has ensured that the Public Finance Management Act (PFMA) contains provisions aimed at strict budgetary discipline. All future instances of unauthorized expenditure will therefore be thoroughly scrutinized in terms of sections 34, 38 and 81 of the PFMA.
Report to be considered.
-
Sixty-Second Report of Standing Committee on Public on Public Accounts: South African Diamond Board, dated 14 September 2005:
1. IntroductionThe Standing Committee on Public Accounts, having heard and considered evidence on the Annual Report and the Report of the Auditor- General on the financial statements of the South African Diamond Board (Board) for the year ended 31 March 2003/ 2004 tabled in Parliament and reffered to it, reports as follows:
-
Investigation relating to the export and sale of diamonds in terms of the Diamonds Act, 1986 (page 29-31 of the Annual Report)
The Committee noted with concern the significant weaknesses highlighted in the audit report with regards to the export and sale of diamonds. The following issues were raised:
a) validity of exemptions given under section 63 of the Act to diamond producers and dealers by virtue of agreements entered into in terms of section 59 of the Act; b) limited documentation for Section 59 agreements; c) the drastic decline in export duties; d) differences and disputes between the Government Diamond Valuator (GDV) and the SA Diamond Board relating to the role and functions of the GD; and e) The length of time the above issue remain unresolved.
Having heard and considered the views of National Treasury, SA Diamond Board, the Department of Minerals and Energy and the Auditor-General, the Committee is of the view that this matter has been unduly prolonged.
The Committee is aware of the many administrative initiatives to resolve these issues but notes the failure of these to produce positive result.
The Committee therefore recommends that:
a) the relevant state institutions initiate legal proceedings with a view towards resolving the section 59 exemption in question – a special meeting should be convened by the Auditor General for this purpose within 30 days after this report has been adopted by Parliament; b) the Board ensures that all South African produced diamonds be valued in SA on a fair market basis; c) the Board strengthens its efforts to increase local beneficiation of SA diamonds; and d) the Board confers with the Department of Minerals and Energy to finalise and implement the new legislation.
The Committee expresses its disappointment at the inadequate representation from the Department of Minerals and Energy at the hearing and insists that future representation be at an Accounting Officer level.
-
Conclusion
The Committee requests the Board to furnish it with a progress report
covering all the above-mentioned issues within 60 days after this
report has been adopted by Parliament.
Report to be considered.
-
Sixty-Third Report of Standing Committee on Public Accounts: POSLEC- SETA, dated 14 September 2005:
-
INTRODUCTION
The Standing Committee on Public Accounts, having considered the Annual Report and the Report of the Auditor-General on the Financial Statements of the Police, Private Security, Legal and Correctional Services Sector Education and Training Authority (POSLEC- SETA) for the year ended 31 March 2004, tabled in Parliament and referred to it, reports as follows:
-
AUDIT OPINION
The Committee noted the unqualified audit opinion expressed by the
Auditor-General, and trusts that future audit opinions will be equally unqualified.
-
CONCLUSION
The Committee is of the view that no further interaction with the Accounting Authority of the POSLEC-SETA is necessary for the financial year under review. The Committee therefore awaits the next Annual Report and the Report of the Auditor-General.
-
Report to be considered.
-
Sixty-Fourth Report of Standing Committee on Public Accounts: Primary Agriculture Education and Training Authority (PAETA), dated 14 September 2005:
-
INTRODUCTION The Standing Committee on Public Accounts, having considered the Annual Report and the Report of the Auditor-General on the Financial Statements of the Primary Agriculture Education and Training Authority (PAETA) for the year ended 31 March 2004, tabled in Parliament and referred to it, reports as follows:
- AUDIT OPINION
The Committee noted the unqualified audit opinion expressed by the Auditor-General, and trusts that future audit opinions will be equally unqualified.-
CONCLUSION
The Committee is of the view that no further interaction with the Accounting Authority of the PAETA is necessary for the financial year under review. The Committee therefore awaits the next Annual Report and the Report of the Auditor-General.
Report to be considered.
- Sixty-Fifth Report of Standing Committee on Public Accounts: Financial and Fiscal Commission, dated 14 September 2005:
1. INTRODUCTION
The Standing Committee on Public Accounts, having considered the
Annual Report and the Report of the Independent Auditors on the
Financial Statements of the Financial & Fiscal Commission (FFC)
for the year ended 31 March 2004, tabled in Parliament and
referred to it, reports as follows:
2. AUDIT OPINION
The Committee noted the unqualified audit opinion expressed by
the independent auditor, and trusts that future audit opinions
will be equally unqualified.
3. CONCLUSION
The Committee is of the view that no further interaction with
the Accounting Authority of the Financial and Fiscal Commission
is necessary for the financial year under review.
The Committee therefore awaits the next Annual Report and the
Report of the
Independent Auditors.
Report to be considered.
-
Sixty-Sixth Report of Standing Committee on Public Accounts: Independent Communications Authority of South Africa (ICASA), dated 14 September 2005:
-
INTRODUCTION The Standing Committee on Public Accounts, having considered the Annual report and the Report of the Auditor-General on the Financial Statements of the Independent Communications Authority of South Africa (ICASA) for the year ended 31 March 2004, tabled in Parliament and referred to it, reports as follows:
-
AUDIT OPINION
The Committee noted the unqualified audit opinion expressed by the Auditor-General, and trusts that future audit opinions shall be equally unqualified. However, the Committee submitted a number of questions to the Accounting Authority of the ICASA on matters, which according to the Committee, required clarification. Having considered the written replies from the entity, the Committee is satisfied that the Accounting Authority is attending to the matters in question, except for the interest on late payment of VAT. The Committee will refer ICASA's response to the National Treasury for its view on the funding problems of VAT liability. The Committee recommends that it be updated with the progress report and expects the Accounting Authority to expeditiously rectify the issues in question. -
CONCLUSION
The Committee is of the view that, except for the aspects highlighted above no further interaction with the accounting authority of the ICASA is necessary at this stage. The Committee therefore awaits the next Annual Report and the Report of the Auditor-General.
Report to be considered.
-
Sixty-Seventh Report of Standing Committee on Public Accounts: The Council for Scientific and Industrial Research, dated 14 September 2005:
- INTRODUCTION
The Standing Committee on Public Accounts, having considered the Annual Report and the Report of the Auditor-General on the Financial Statements of The Council for Scientific and Industrial Research (CSIR) for the year ended 31 March 2004, tabled in Parliament and referred to it, reports as follows:- AUDIT OPINION
The Committee noted the unqualified audit opinion expressed by the Auditor-General, and trusts that future audit opinions shall be equally unqualified.- CONCLUSION
The Committee is of the view that no further interaction with the accounting authority of the CSIR is necessary for the financial year under review. The Committee therefore awaits the next Annual Report and the Report of the Auditor-General
Report to be considered.
-
Sixty-Eighth Report of Standing Committee on Public Accounts: South African Broadcasting Corporation Limited (SABC), dated 14 September 2005:
- INTRODUCTION
The Standing Committee on Public Accounts, having considered the Annual Report and the Report of the Independent Auditor on the Financial Statements of the South African Broadcasting Corporation Limited (SABC) for the year ended 31 March 2004, tabled in Parliament and referred to it, reports as follows:- AUDIT OPINION
The Committee noted the unqualified audit opinion expressed by the independent auditor, and trusts that future audit opinions will be equally unqualified.- CONCLUSION
The Committee is of the view that no further interaction with the Accounting Authority of the SABC is necessary for the financial year under review. The Committee therefore awaits the next Annual Report and the Report of the independent auditors.
Report to be considered.
-
Sixty-Ninth Report of Standing Committee on Public Accounts: Competition Tribunal, dated 14 September 2005:
- INTRODUCTION
The Standing Committee on Public Accounts, having considered the Annual Report and the Report of the Auditor-General on the Financial Statements of the Competition Tribunal (Tribunal) for the year ended 31 March 2004, tabled in Parliament and referred to it, reports as follows:
- AUDIT OPINION
The Committee noted the unqualified audit opinion expressed by the Auditor-General, and trusts that future audit opinions shall be equally unqualified.
- GENERAL MATTERS
The Committee noted with concern that the Tribunal incurred wasteful expenditure. Although it has indicated that there are now systems in place regarding fruitless and wasteful expenditure. The Committee is of the view that this was due to negligence and that the Accounting Authority should have taken steps against the individuals concerned.
1. RECOMMENDATION
The Committee recommends that the Accounting Authority report to
Parliament within two weeks after this report has been adopted by
Parliament on steps taken with regard to section 38 (1)(g) and (h)
of the PFMA.
2. CONCLUSION
The Committee is of the view that except for the aspects
highlighted above no further interaction with the Tribunal would be
necessary for the financial year under review.
The Committee therefore awaits the next Annual Report and the
Report of the Auditor-General.
Report to be considered.
-
Seventieth Report of Standing Committee on Public Accounts: South African Veterinary Council, dated 14 September 2005:
- INTRODUCTION
The Standing Committee on Public Accounts, having considered the Annual Report and the Report of the Independent Auditors on the Financial Statements of the South African Veterinary Council for the year ended 31 March 2004, tabled in Parliament and referred to it, reports as follows:
-
AUDIT OPINION
The Committee noted the unqualified audit opinion expressed by the independent auditors, and trusts that future audit opinions will be equally unqualified.
3. CONCLUSION
The Committee is of the view that no further interaction with the
Accounting Authority of the South African Veterinary Council is
necessary for the financial year under review.
The Committee therefore awaits the next Annual Report and the
Report of the Independent Auditors.
Report to be considered.
-
Seventy-First Report of Standing Committee on Public Accounts: Local Government Water and Related Services Seta, dated 14 September 2005:
-
INTRODUCTION The Standing Committee on Public Accounts, having considered the Annual Report and the Report of the Auditor-General on the Financial Statements of the Local Government Water And Related Services Seta (LGWSETA) for the year ended 31 March 2004, tabled in Parliament and referred to it, reports as follows:
-
AUDIT OPINION
The Committee noted the unqualified audit opinion expressed by the Auditor-General, and trusts that future audit opinions will be equally unqualified.
-
GENERAL MATTERS
The Committee noted that LGWSETA have not submitted written reasons as to why it should not be amalgamated with another SETA. The Committee expects this issue to be addressed as a matter of urgency and will monitor this concern in the next Annual Report.
-
CONCLUSION
The Committee is of the view that except for the aspect highlighted above; no further interaction with the LGWSETA would be necessary for the financial year under review.
The Committee therefore awaits the next Annual Report and the Report of the Auditor-General.
-
Report to be considered.
-
Seventy-Second Report of Standing Committee on Public Accounts: Financial Services Board, dated 14 September 2005:
- INTRODUCTION
The Standing Committee on Public Accounts, having considered the Annual Report and the Report of the Auditor-General on the Financial Statements of the Financial Services Board (FSB) for the year ended 31 March 2004, tabled in Parliament and referred to it, reports as follows:- AUDIT OPINION
The Committee noted the unqualified audit opinion expressed by the Auditor-General, and trusts that future audit opinions will be equally unqualified.- CONCLUSION
The Committee is of the view that no further interaction with the Accounting Authority of the Financial Services Board (FSB) is necessary for the financial year under review. The Committee therefore awaits the next Annual Report and the Report of the Auditor-General.
Report to be considered.
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Seventy-Third Report of Standing Committee on Public Accounts: Clothing, Textile, Footwear and Leather Seta, dated 14 September 2005:
-
INTRODUCTION
The Standing Committee on Public Accounts, having considered the Annual Report and the Report of the Auditor-General on the Financial Statements of the Clothing, Textile, Footwear and Leather Seta (CTFL- SETA) for the year ended 31 March 2004, tabled in Parliament and referred to it, reports as follows:- AUDIT OPINION
The Committee noted the unqualified audit opinion expressed by the Auditor-General, and trusts that future audit opinions will be equally unqualified.- CONCLUSION
The Committee is of the view that no further interaction with the Accounting Authority of the CTFL-SETA is necessary for the financial year under review. The Committee therefore awaits the next Annual Report and the Report of the Auditor-General.
Report to be considered.
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Seventy-Fourth Report of Standing Committee on Public Accounts: Airports Company South Africa Ltd (ACSA), dated 14 September 2005:
-
INTRODUCTION
The Standing Committee on Public Accounts, having considered the Annual Report and the Report of the Independent Auditors on the Financial Statements of the Airports Company South Africa Ltd (ACSA) for the year ended 31 March 2004, tabled in Parliament and referred to it, reports as follows:- AUDIT OPINION
The Committee noted the unqualified audit opinion expressed by the independent auditors, and trusts that future audit opinions will be equally unqualified.- CONCLUSION
The Committee is of the view that no further interaction with the ACSA is necessary for the financial year under review. The Committee therefore awaits the next Annual Report and the Report of the Independent Auditors.
Report to be considered.
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Report of Standing Committee on Public Accounts (SCOPA) on the 2005 Australasian Council of Public Accounts Committees (ACPAC) 8th Biennial Conference, held at Parliament House, Brisbane, Australia, dated 14 September 2005:
A. Background
The Standing Committee on Public Accounts (SCOPA) was invited by the Australasian Council of Public Accounts Committees (ACPAC) to participate at a Conference that took place from 6 to 8 February 2005, at Parliament House, Brisbane, Australia. The main theme of the Conference was “Current Challenges Facing Public Accounts Committees”.B. The delegation
SCOPA was represented by four of its members and control committee secretary. The multi-party delegation consisted of: Mr PJA Gerber (ANC), Mr RS Ndou (ANC), Ms TV Tobias (ANC), Dr SM Van Dyk (DA) and Mr L Pakati (Official).C. Objectives of the visit The objective of the visit was informed by the need for the Committee to continuously enhance its oversight capacity, and build on its knowledge capital by exchanging ideas with its counterparts, both at domestic and international levels. It was anticipated that the knowledge gleaned at the Conference would go a long way towards empowering members in order to continue to exercise their oversight function from an enlightened perspective that takes cognizance of global trends.
D. Significance of the Conference to the Committee
Conference papers were delivered by Members from various Parliaments falling within the ACPAC jurisdiction, as well Parliamentarians from South Africa’s ten Legislatures, and experts from tertiary institutions in Australia. All themes attempted to deal with topical issues relating, largely, to the oversight role of Public Accounts Committees, and provided recommendations as a way forward.E. Flight delays
Due to flight delays caused by South African Airways and Quantas airline, the delegation joined the conference in the second session of the first day of the proceedings, thereby missing the first morning session.F. Conference Proceedings and Themes
Key themes that the delegation participated in on the first day of the Conference included: - Information and the public service – balancing privacy, confidentiality and accountability - Trends in performance reporting - Accountability issues relating to government outsourcing Second day presentations were made on the following themes: - Improving governance and accountability including government corporations and heads of agencies - Accountability of non-profit organizations: The Queensland Chart of Accounts project was used as a case study - Public private partnerships - Risk management – the relationship between planning, risk and accountability - Public liability changes - Report on the establishment of the public sector governance and accountability - Research centre.G. Conference Papers Presented
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Information and public service – balancing privacy, confidentiality and accountability: Hon Jim Wilkinson (Member of Joint Standing committee on Public Accounts Tasmania)
The paper raised critical issues around the matter of confidentiality and accountability. The main argument was that there have been claims that governments and the public service are reluctant to release information to the public. The paper, however, recognizes that there is a clear need for some information to be kept confidential for reasons relating to privacy and commercial considerations. However, the decision of what legitimately falls within these categories and what could be released without compromising privacy cannot reside solely with the public service or government. The Auditor General, Parliament and the Public Accounts Committee have the responsibility to intervene as part of their oversight function.
The paper provided examples where, in Tasmania, the Public Accounts Committee successfully intervened and compelled government to release information that was classified as extremely confidential and could course harm to the public.
The paper concluded by stating that systems should be developed to allow the public to be reassured that the government and public service are not the sole adjudicators on the release of information; that it is essential that the decision to make information public is independently tested, e.g. by Parliament.
-
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Trends in performance reporting: Auditors General Panel
The theme focused on trends in performance reporting. Its central thesis was that output based budgeting and management is a useful tool and yet is under used. It argues that government departments are still locked in the thinking that they are producers of goods and services rather than consumers of goods and services. In this sense, they do not often look for value for money in what they do. The same argument applies to Parliaments. When scrutinizing government spending, they tend to focus largely on inputs and processes as opposed to outputs i.e. quality of services rendered. The paper recommends that Public Accounts Committees should begin to focus on the purpose of expenditure, performance indicators, benchmarking, targets and the relevance of these targets. They should also consider providing incentives to good performers. The paper concludes by recommending that the PACs should ask critical questions such as: does a program add value to life, is there an alternative way to better carry it out using the same resources, is it sustainable, and what should be prioritized?-
Accountability Issues relating to government outsourcing: Proffessor Neal Ryan (Head of School of Management, Queensland University of Technology)
The paper was presented by Professor Neal Ryan of the Queensland University of Technology. It focused on research the university has conducted over the years. The research projects focus on agreements that the Australian government has entered into with non – profit service providers.
The objective of the research is to ascertain whether the government is able to get value for its money subsequent to the awarding of contracts, and whether the outcomes meet political objectives and whether the public benefits over the private sector? It concludes by asserting that so far research indicates that governments in Australia and several other countries in the world tend to focus more on inputs and less on outputs, and the quality thereof. For this reason there is an increasing need for a shift in this kind of paradigm
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Improving governance in public institutions: Hon Clayton Cosgrove, Chairperson of Finance and Expenditure Committee, New Zealand)
The paper was presented by the Hon, Clayton Cosgrove, chairperson of Finance and Expenditure Committee in Wellington, New Zealand. It argues that while New Zealand is regarded as a country that enjoys a high degree of transparency and accountability in relation to its public institutions, and relatively high quality governance, there have been a number of challenges to the quality of governance of public institutions. This led to a call to strengthen a number of areas in the public management system. The presentation mentioned a number of policy initiatives undertaken in this regard, such as: The Ministerial Advisory Group: In July 2001, a Ministerial Advisory Group was appointed by the Prime Minister and Ministers of State Services and Finance to look at New Zealand’s whole public management system to determine how it was responding to the needs and expectations of citizens, business and communities. In its November 2001 Report the advisory group finding was that New Zealand’s public management system was providing only a reasonable platform to work from, and that some significant shifts in emphasis were needed to better respond to the needs of the future. Departmental Statement of Intent: Another effective tool to improve service delivery in public management was the development of departmental statements of intent for all government departments. This happened for the first time in December 2001 wherein the Cabinet approved the roll-out of this approach to planning and reporting on the business of departments. Legislative change: Public Finance Bill: The Public Finance Bill was introduced by the Government on 3 December 2003 and was referred to Finance and Expenditure Committee on 6 September 2004. The Bill became law on 16 December 2004. The Act set out reporting requirements for Departments. The Act provides, amongst other things, that the Chief Executive of a department is responsible for the financial performance of the department and for ensuring that the department complies with statutory reporting requirements. Parliament: The presentation concluded by placing parliaments at the centre stage of the accountability process. It does that by its emphasis on the fact that democracy entails accountability of the excise of power. Such accountability has a number of facets, one of which is the executive being answerable to Parliament for its use of public resources to achieve specified outcomes. In this connection, the Public Finance Act was considered instrumental in establishing or redefining the mechanisms that enable Parliament to carry out effective scrutiny of executive.-
Risk management: The relationship between planning, risk and accountability: Hon Len Kiely, Chairperson Public accounts Committee, Northern Territory)
Risk management is relevant to Public Accounts Committees because of the MPs’ responsibilities to look at the effectiveness of public sector agencies on behalf of Parliament. Risk management is a central component of good management practice as well as an important means by which organizations demonstrate accountability to their stakeholders. Recent corporate collapses in Australia illustrate the continuing importance of effective risk management not only with regards the private sector but also with regards to the public sector.
Risk management is an essential component of good corporate governance and Audit Committees can play an important role in ensuring that risk management is prioritized. For example, an effective audit committee can help the CEO of a department or the board of directors of a statutory authority or state owned cooperation with financial reporting, risk management and the internal and external control system.
According to the presentation, the audit committee provides an opportunity where the CEO of a department or the directors, the management and the auditors can meet together to deal with issues relating to the management of risks and with financial reporting obligations.
By taking a positive, proactive and holistic approach to risk management, organizations stand to reap the many benefits risk management has to offer, including: - Improved planning, performance and effectiveness; - Economy, efficiency and exploitation of opportunities - Improved stakeholder relations and enhanced reputation; - Director/executive protection; and - Accountability, assurance and governance.
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Public liability changes: Hon C Campbell (Victoria Public Accounts Committee) In Australia, the debate around the matter of public liability funding was fuelled by the 11 September bombings in New York where a considerable number of Australians were victims of the attacks. There was a subsequent need to amend legislation dealing with public liability. The legislation has been in operation for more than two years and the presentation considered how this legislation is affecting both the availability and cost of insurance in the manner intended by the legislatures.
Since in Australia the debate about the effectiveness of the legislation has continued unabated, the paper reminds the Economic and Finance Committee of its obligation to contribute to the debate from the perspective of the legislature that initially enacted the changes.
The paper looked at the process and considered future options that are based on best practice. It this regard it mentioned that there was a Ministerial Forum on Insurance, which was scheduled to meet on 25 March 2005 to discuss the impact of the reforms. In addition, the Economic and Finance Committee has sought information on models of dealing with this issue around the world. One scheme of interest has been the New Zealand Accident Compensation Scheme (ACS), which provides accident cover for all New Zealand citizens, residents and temporary visitors. The scheme is funded by premiums paid by employers and earners, and by drivers through fuel levies and license fees.
The presentation concludes by mentioning that, increasingly, reforms are necessary in order to improve the provision and affordability of insurance and the quality and security of the lives of Australians.
-
Public Sector Governance and Accountability Research Centre: La Trobe University (Professor Kerry Jacobs and Dr Bill Stent)
The Centre prides itself on being the first institution in the world to provide academic support to Public Accounts Committee Members. It is an independent resource of information for Members. It conducts workshops and conferences for Members and staff. It has established an extensive network of contacts/ relations with organizations such as: the Commonwealth Parliamentary Association, Commonwealth Secretariat, Accounting Profession firms, World Bank, etc. It also organized the ICPAC Conference in Singapore in 2002. The centre’s vision is to strengthen parliamentary democracy, synthesis of practical and academic skills and to generally serve the needs of parliamentarians and parliamentary staff. It seeks to achieve the following; - Exchange information across regions - Develop accounting standards and approaches - Best practice - Develop training material for PAC members and staff.- International Committee Activity Reports
The following Public Accounts Committees presented papers detailing, inter alia, their respective mandates, activities, membership and other internal arrangements: a) Republic of South Africa – Hon, PJA Gerber b) Free State – Hon, A P Oosthuizen c) Limpompo – Hon, Dr H E Mateme d) North West Province – Hon M N Matladi e) Western Cape – Hon, J Gelderbloem f) Gauteng – Hon, M Seloane g) PNG – PAC – Hon, J Hickey h) Northern Territory PAC (New Zealand) – Hon C Cosgrove i) New South Wales – Hon, M Brown j) Legislative Assembly for the Australian Capital Territory – Hon, S Mikak k) Tasmania – Hon, H Hobart l) Queensland PAC – Hon, G Fenlon m) Victorian PAC – Hon, C Campbell n) Papua New Guinea PAC – Hon, T Hanley o) South Australian Economic and Finance Committee – Hon, G Thompson p) Tasmanian Joint Standing Committee on Public Accounts – Hon, T Fletcher.- Auditors General Present
a) Mr Des Pearson – Western Australia b) Ms Wendy Venter – Assistant Auditor General of New Zealand c) Mr Shauket Fakie – Auditor General of South Africa d) Mr Wayne Cameron – Auditor General of Victoria. e) Mr Junias Kandjeke – Auditor General
- Conclusions and Way Forward: Hon Garry Fenlon (Chairperson of the Queensland Public Accounts Committee)
Mr Fenlon gave a summary of the presentations and briefly suggested issues to be considered at future conferences. He observed that it was clear that there was diversity with regards to the role and functions of Public Accounts Committees around the world. However, there were fundamental functions that Public Accounts Committees must perform and, for this reason, they must have certain powers in order to perform those functions. For example, the powers to obtain information, to take evidence and to inquire, must be regarded as very fundamental. He added that an issue that needed to be considered for future debate relates to the need to give PACs constitutional security. In essence, their powers should be guaranteed in the Constitutions of countries and states/provinces so that a government of the day is prevented from tampering with these powers. He thought that the role of PACs is so important that it must be given that very strong foundation as part of the fabric of the constitution of a country.- Summary of Observations and Insights Obtained by the Delegation
The delegation gained profound insight into the common challenges facing most Public Accounts Committees. In this regard the following observations were made: a) The increasing need to encourage internal Auditing in the public sector and to implement effective risk management strategies. Risk management is an essential component of good corporate governance and Audit Committee can play an important role in ensuring that risk management is prioritized. b) The need to strengthen forensic auditing. The Office of the Auditor General to play a prominent role in this regard. c) Public Accounts Committees to encourage government departments to move away from Cash Basis to Accrual Accounting. Accrual accounting is more desirable because it records all transactions when they occur and not when they are paid for as in cash basis of accounting. Therefore the consumption of resources represents the true state of equity available in government. d) Public Accounts Committees should encourage performance auditing to ensure good value for money. The goal of the performance auditing would be to improve programs and operations, saving taxpayers money, providing better services to the public and obtaining the best value for money. However, the initiative is faced with a number of challenges. The major constraint being the lack of funds and sufficient personnel at the office of the Auditor General. e) The need to fight corruption in the Public Sector by promoting openness and transparency. There was an agreement that corruption thrives in environment of secrecy. f) Research capacity to assist the PAC Committees in holding the government departments accountable. g) Enhance accountability by placing Parliament at the centrer of the accountability chain. Such accountability has a number of facets, one of which is the executive being answerable to Parliament for its use of public resources. h) The need to track and make follow-ups on implementation of PAC recommendations. i) Public Accounts Committees to have access to information and powers to make enquiries and taking evidence. j) The need to look into the issue of constitutionalsing the powers of the Public Accounts Committees. This means that the powers of the PAC should be guaranteed in the Constitutions of countries and states/provinces.- Acknowledgements
The delegation would want to thank the organizers of the Conference, especially the ACPAC Secretariat for making the attendance of the Committee possible. Special thanks goes to the Hon, Gary Fenlon for inviting the Committee to participate at the Conference. -
Report to be considered.
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Report of the Ad Hoc Committee on Appointment of Deputy Public Protector, dated 12 October 2005:
The Ad Hoc Committee on Appointment of Deputy Public Protector, having considered the matter of the filling of the vacancy of Deputy Public Protector, referred to it, reports as follows:
The Ad Hoc Committee on Appointment of Deputy Public Protector was appointed by the House on 17 May 2005 to make a nomination to the House in order to enable it to recommend to the President in terms of section 2A(1) of the Public Protector Act (Act No 23 of 1994) a person for appointment as Deputy Public Protector, reports as follows:
The Committee invited the public to submit nominations to it. Nominations were received in respect of 16 candidates.
The following candidates were short listed and interviewed on 10, 11 and 12 October 2005:
- Prof. Byron Fikile Ndaki
- Adv Mamiki Shai
- Mr Roshan Rai Dehal
- Mr Anandroy Ramdaw
- Dr Uys van Zÿl
- Mr Vasavan Samuel
- Mr Raynmond Stanley Zungu
- Mr Mokgale Norman Moabi
- Adv. Francois Rousseau
- Adv Wynand Frederick Bezuidenhout
Having interviewed the candidates, the Committee recommends that the House, in accordance with section 2A of the Act, make a recommendation to the President that the following candidate be appointed as Deputy Public Protector:
Adv Mamiki Shai
Report to be considered.
THURSDAY, 13 OCTOBER 2005
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Classification of Bills by Joint Tagging Mechanism:
(1) The Joint Tagging Mechanism (JTM) on 20 September 2005 in terms
of Joint Rule 160(3), classified the following Bill as a section
75 Bill:
i) Auditing Profession Bill [B 31 – 2005] (National Assembly –
sec 75)
-
Membership of Committees
1) The following changes have been made to the membership of Joint Committees, viz:
Defence:
Appointed: Montsitsi, Mr S D
National Assembly
-
Membership of Committees 1) The following changes have been made to the membership of Portfolio Committees, viz:
Arts and Culture:
Appointed: Jacobus, Ms L
Defence:
Appointed: Tobias, Ms T V
Provincial and Local Government:
Appointed: Tsenoli, Mr S L
COMMITTEE REPORTS
National Assembly
- The Report of the Portfolio Committee on Justice and Constitutional Development on the Repeal of Black Administration Act and Amendment of Certain Laws Bill, which was published in the Announcements, Tablings and Committee Reports of 12 October 2005 (p 2266), referred to a table containing results of an investigation into subordinate legislation. That table is printed in full hereunder:
THE POSITION OF DIFFERENT CATEGORIES OF SUBORDINATE LEGISLATION MADE UNDER THE BLACK ADMINISTRATION ACT, 1927, WHICH IS STILL REFLECTED IN BUTTERWORTHS AS BEING APPLICABLE:
| REGULATION | GOVERNMENT | DATE | CONTENTS OF SUBORDINATE | PARTICULARS | POSSIBLE RESPONSIBLE OR |
| GAZETTE NO | NOTICE NO | LEGISLATION | RELATING TO | ADMINISTERING AUTHORITY | |
| (P) | ASSIGNMENT OF | COMMENTS ON USAGE AND LEGAL | |||
| PROCLAMATION | SUBORDINATE | IMPLICATIONS OF | |||
| LEGISLATION TO | THE REPEAL ? | ||||
| PROVINCES | |||||
| 1. Subordinate legislation (proclamations) made under section 25 of the Black Administration Act, 1927, kept | |||||
| alive by virtue of section 5(2) of the Abolition of Racially Based Land Measures Act, 1991 (Act 108 of 1991) and | |||||
| still reflected in Butterworths | |||||
| (Section 25 was repealed by section 5(1) of the Abolition of Racially Based Land Measures Act, 1991 (Act 108 of | |||||
| 1991). Section 25 originally empowered the Governor-General to proclaim laws for scheduled native areas, that is | |||||
| by proclamation) | |||||
| R110 | 1957 | Regulations Prescribing | Assigned (whole) | Department of Provincial and | |
| the Duties, Powers, | to a competent | Local Government (DPLG) and | |||
| Privileges and Conditions | authority within | relevant provinces | |||
| of service of Chief and | the government | ||||
| Headmen | of the Provinces | ||||
| of Eastern Cape, | |||||
| Eastern | |||||
| Transvaal, | |||||
| KwaZulu/Natal, | |||||
| Northern | |||||
| Province and | |||||
| Orange Free | |||||
| State under | |||||
| section 235 (8) | |||||
| of the Interim | |||||
| Constitution, | |||||
| 1993, Gazette No | |||||
| 15951, Proc.139 | |||||
| of 1994 dated 9 | |||||
| September 1994. | |||||
| 140 | R293 (P) | 16/11/1962 | Regulations for the | Proc. R293 of | Department of Land Affairs |
| Administration and | 1962 assigned | (DLA) (security of tenure, | |||
| Control of Township in | (whole) to North | upgrading land rights and | |||
| Bantu Areas – | West and Eastern | registration) will coordinate | |||
| Establishment of | Cape, under | the process . | |||
| Townships, Ethnic | Section 235 (8) | Department of Housing (DOH) | |||
| Character of Population | of the Interim | DPLG and Provinces (control | |||
| of Township, Township | Constitution | of Township0 | |||
| administration etc. | Gazette No. | ||||
| 15813, Proc. | |||||
| R110 and 111 of | |||||
| 1994 dated 17 | |||||
| June 1994. | |||||
| Proc. R293 of | |||||
| 1962 was also | |||||
| assigned | |||||
| (excluding those | |||||
| provisions (if | |||||
| any) which fall | |||||
| outside the | |||||
| functional areas | |||||
| specified in | |||||
| Schedule 6 to | |||||
| the Constitution | |||||
| or which relate | |||||
| to matters | |||||
| referred to in | |||||
| paragraphs (a) | |||||
| and (e) of | |||||
| section 126 (3) | |||||
| of the | |||||
| Constitution) to | |||||
| Eastern | |||||
| Transvaal | |||||
| (Mpumalanga), | |||||
| KwaZulu/Natal | |||||
| and Northern | |||||
| Transvaal | |||||
| (Limpopo) under | |||||
| section 235 (8) | |||||
| of the Interim | |||||
| Constitution, | |||||
| Gazette No. 1604 | |||||
| , Proc . R162 of | |||||
| 1994 dated 31 | |||||
| October 1994. | |||||
| 415 | R5 | 11/1/1963 | Regulations for the | Assigned to | Department Of Water Affairs |
| Control of Irrigation | Eastern Cape, | and Forestry (DWAF) or | |||
| Schemes in Bantu Area | Limpopo , | Department of Agriculture | |||
| Mpumalanga and | (NDA) and partly | ||||
| North West under | DLA | ||||
| Section 235 (8) | |||||
| of the Interim | |||||
| Constitution | |||||
| Gazette No. | |||||
| 15813, Proc. | |||||
| R109,110, 111 | |||||
| and 112 of 1994 | |||||
| dated 17 June | |||||
| 1994. | |||||
| 1839 | R192 | 8/9/1967 | Regulations for the | Assigned to | DLA |
| Control of the Residence | Eastern Cape, | DOH;and | |||
| on and Occupation of | Limpopo , | DPLG and the Relevant | |||
| Privately or Tribally- | Mpumalanga and | provinces | |||
| owned land in Bantu Areas | North West under | ||||
| Section 235 (8) | |||||
| of the Interim | |||||
| Constitution | |||||
| Gazette No. | |||||
| 15813, Proc. | |||||
| R109,110, 111 | |||||
| and 112 of 1994 | |||||
| dated 17 June | |||||
| 1994. | |||||
| 1841 | R196 | 8/9/1967 | Limitation, Control and | Assigned to | NDA |
| improvement of Livestock | Eastern Cape, | DPLG and relevant proinces | |||
| and of Pastoral and | Limpopo , | ||||
| Agricultural Resources in | Mpumalanga and | ||||
| Bantu Areas (Betterment | North West under | ||||
| Areas Proclamation) | Section 235 (8) | ||||
| of the Interim | |||||
| Constitution | |||||
| Gazette No. | |||||
| 15813, Proc. | |||||
| R109,110, 111 | |||||
| and 112 of 1994 | |||||
| dated 17 June | |||||
| 1994. | |||||
| 1842 | R199 | 8/9/1967 | Regulations Relating to | Assigned (whole) | Department of Public Works |
| the Protection of Works | to a competent | (DPW) | |||
| in Bantu Areas | authority within | Relevant provinces | |||
| the government | |||||
| of the Provinces | |||||
| of Eastern Cape, | |||||
| Eastern | |||||
| Transvaal, | |||||
| KwaZulu/Natal, | |||||
| Northern | |||||
| Province and | |||||
| Orange Free | |||||
| State under | |||||
| section 235 (8) | |||||
| of the Interim | |||||
| Constitution, | |||||
| 1993, Gazette No | |||||
| 15951, Proc.139 | |||||
| of 1994 dated 9 | |||||
| September 1994. | |||||
| 1842 | R200 | 8/9/1967 | Regulations relating to | Assigned (whole) | DPLG |
| Community Services in | to a competent | (Not clear why it was assigned | |||
| Bantu Areas . Repealed | authority within | in 1994 when it was repealed | |||
| by Proc R95 of 23 June | the government | in 1989) | |||
| 1989- GG No 11965 | of the Provinces | ||||
| of Eastern Cape, | |||||
| Eastern | |||||
| Transvaal, | |||||
| KwaZulu/Natal, | |||||
| Northern | |||||
| Province and | |||||
| Orange Free | |||||
| State under | |||||
| section 235 (8) | |||||
| of the Interim | |||||
| Constitution, | |||||
| 1993, Gazette No | |||||
| 15951, Proc.139 | |||||
| of 1994 dated 9 | |||||
| September 1994. | |||||
| 2165 | R269 | 20/9/1068 | Sanitary Regulations – | Assigned (whole) | DPLG and Provinces |
| Rural Bantu Areas | to a competent | ||||
| authority within | |||||
| the government | |||||
| of the Provinces | |||||
| of Eastern Cape, | |||||
| Eastern | |||||
| Transvaal, | |||||
| KwaZulu/Natal, | |||||
| Northern | |||||
| Province and | |||||
| Orange Free | |||||
| State under | |||||
| section 235 (8) | |||||
| of the Interim | |||||
| Constitution, | |||||
| 1993, Gazette No | |||||
| 15951, Proc.139 | |||||
| of 1994 dated 9 | |||||
| September 1994. | |||||
| 1037 | R300 | 18/10/1968 | The Payment by Bantu of | Assigned to | DLA |
| Rentals for Arable and | Eastern Cape, | DPLG and provinces | |||
| Residential allotment and | Limpopo , | NDA | |||
| of fees for grazing Stock | Mpumalanga and | ||||
| on certain Land Owned by | North West under | ||||
| the South African Bantu | Section 235 (8) | ||||
| Trust | of the Interim | ||||
| Constitution | |||||
| Gazette No. | |||||
| 15813, Proc. | |||||
| R109,110, 111 | |||||
| and 112 of 1994 | |||||
| dated 17 June | |||||
| 1994. | |||||
| 1154 | R188 | 11/7/1969 | Bantu Area Land | Assigned (whole) | DLA – will conduct |
| Regulations – Freehold | to a competent | investigation on registration | |||
| Tenure, Commonage, | authority within | issues | |||
| Quitrent Tenure, | the government | Comment- can possible be | |||
| Permission to Occupy etc. | of the Provinces | repealed | |||
| of Eastern Cape, | |||||
| Eastern | |||||
| Transvaal, | |||||
| KwaZulu/Natal, | |||||
| Northern | |||||
| Province, North | |||||
| West and Orange | |||||
| Free State under | |||||
| section 235 (8) | |||||
| of the Interim | |||||
| Constitution, | |||||
| 1993, Gazette No | |||||
| 15951, Proc.139 | |||||
| of 1994 dated 9 | |||||
| September 1994. | |||||
| 2589 | R6 | 13/1/1978 | Nature Conservation in | Assigned (whole) | DPLG |
| Bantu Areas | to a competent | Department of Environmental | |||
| authority within | Affairs and Tourism (DEAT) | ||||
| the government | Provinces | ||||
| of the Provinces | |||||
| of Eastern Cape, | |||||
| Eastern | |||||
| Transvaal, | |||||
| KwaZulu/Natal, | |||||
| Northern | |||||
| Province and | |||||
| Orange Free | |||||
| State under | |||||
| section 235 (8) | |||||
| of the Interim | |||||
| Constitution, | |||||
| 1993, Gazette No | |||||
| 15951, Proc.139 | |||||
| of 1994 dated 9 | |||||
| September 1994. | |||||
| 2940 | R12(P) | 18/1/1980 | Application of certain | Limpopo Provincial Govt. | |
| Acts made by the Lebowa | |||||
| Legislative Assembly to | |||||
| apply in Segop’s Location | |||||
| in the District of Letaba | |||||
| 2972 | R64(P) | 28/3/1980 | Outstanding moneys and | DLA | |
| moneys paid in advance in | |||||
| respect of Ashdown and | |||||
| Imbali residential areas | |||||
| and Black villages shall | |||||
| be deemed to be debts due | |||||
| to the SA Development | |||||
| Trust | |||||
| 3130 | R211(P) | 24 /10/1980 | Application and repeal of | DPLG and Limpopo Provincial | |
| laws in respect of the | Govt. | ||||
| district Moutse in the | |||||
| Province of the | |||||
| Transvaal. The | |||||
| administration and | |||||
| control of the district | |||||
| of Moutse removed | |||||
| /excised from the Lebowa | |||||
| Legislative Assembly | |||||
| 3099 | R231(P) | 14/11/1980 | Application of Transvaal | Department of Transport and | |
| Road Traffic Ordinance of | Mpumalanga Prov Govt. | ||||
| 1966 in KaNgwane | |||||
| 3130 | R18 (P) | 23/1/1981 | Continuation of | DPLG and KwaZulu/Natal Prov | |
| membership to the KwaZulu | Govt | ||||
| Legislative Assembly of | |||||
| Chiefs and Chairmen of | |||||
| Community Authorities | |||||
| residing in areas excised | |||||
| from KwaZulu. Excision | |||||
| deemed not to have been | |||||
| done for the purpose of | |||||
| membership. | |||||
| 7499 | R61 (P) | 20/3/1981 | Repeal of Proclamation | DPLG and Mpumalanga Prov. Govt | |
| R206 of 14 September 1979 | |||||
| regarding the | |||||
| establishment of | |||||
| Departments - Kwandebele | |||||
| Legislative Assembly. | |||||
| 7699 | R124 (P) | 3/7/1981 | Promulgation of | DPLG and Limpopo Prov. Govt. | |
| Regulations for the | |||||
| administration of | |||||
| Gazankulu | |||||
| 3306 | R195 (P) | 2/10/1981 | Promulgation of | DPLG and Free State Prov Govt | |
| Regulations for the | |||||
| administration of Qwaqwa | |||||
| 3341 | R243 (P) | 27/11/ 1981 | Transfer of land and | DLA | |
| certain rights to the | |||||
| Government of Ciskei. | |||||
| Land listed in a schedule | |||||
| transferred to and | |||||
| registered in the name of | |||||
| the Chief Minister of the | |||||
| Ciskei to hold in trust | |||||
| for a black person, tribe | |||||
| or community. Mineral | |||||
| rights in respect such | |||||
| land transferred to the | |||||
| Government of Ciskei. | |||||
| Such transfer to be | |||||
| endorsed in the title | |||||
| deed by the Registrar of | |||||
| Deeds for proof. | |||||
| 3382 | R31 (P) | 5/3/1982 | Promulgation of | DPLG and Limpopo Prov. Govt | |
| Regulations for the | |||||
| administration of Lebowa | |||||
| 3418 | R76 (P) | 26/4/1982 | Postponement of the fifth | DPLG and Mpumalanga Prov. Govt | |
| session of second | |||||
| Legislative Assembly - | |||||
| KaNgwane Legislative | |||||
| Assembly | |||||
| 8226 | R 98 (P) | 4/6/1982 | Regulations for the | DPLG and Limpopo Prov. Govt | |
| Administration of Lebowa | |||||
| – Amendment of | |||||
| Proclamation R31 of 1982 | |||||
| 8285 | R117 (P) | 2/7/1982 | Regulations for the | DPLG and Free State Prov Govt | |
| administration of Qwaqwa | |||||
| – Amendment of | |||||
| Proclamation R195 of | |||||
| 1981 | |||||
| 3445 | R121 (P) | 28/6/1982 | Excision of certain areas | DPLG and KwaZulu/Natal Prov | |
| in the district of | Govt | ||||
| Ingwavuma from KwaZulu. | |||||
| Administration of the | |||||
| District of Ingwavuma | |||||
| taken away from the | |||||
| Government of KwaZulu. | |||||
| 3517 | R 232 (P) | 9 /12/1982 | Repeal of Proclamation | Can be repealed | |
| R.108 of 1982. | |||||
| 10560 | R228 (P) | 24/12/1986 | Transfer of Land and | DLA and Limpopo Prov. Govt – | |
| Certain Rights to the | can be repealed | ||||
| Government of Lebowa. | |||||
| Land (including mineral | |||||
| rights) listed in a | |||||
| schedule transferred and | |||||
| registered in the name of | |||||
| the Government of Lebowa | |||||
| in trust for a black | |||||
| person , tribe or | |||||
| community. Registrar of | |||||
| Deeds to endorse the | |||||
| transfer for proof. | |||||
| 10560 | R229 (P) | 24/12/1986 | Transfer of Land and | DLA and | |
| Certain Rights to the | Mpumalanga Prov. Govt | ||||
| Government of Kangwane. | DLA indicated this can be | ||||
| Land (including mineral | repealed. | ||||
| rights)listed in a | |||||
| schedule transferred and | |||||
| registered in the name of | |||||
| the Government of | |||||
| Kangwane in trust for a | |||||
| black person , tribe or | |||||
| community. Registrar of | |||||
| Deeds to endorse the | |||||
| transfer for proof. | |||||
| 10560 | R230 (P) | 24/12/1986 | Transfer of Land and | DLA and Limpopo Prov. Govt | |
| Certain Rights to the | DLA indicated this can be | ||||
| Government of Gazankulu. | repealed. | ||||
| Land (including mineral | |||||
| rights) listed in a | |||||
| schedule transferred and | |||||
| registered in the name of | |||||
| the Government of | |||||
| Gazankulu in trust for a | |||||
| black person , tribe or | |||||
| community. Registrar of | |||||
| Deeds to endorse the | |||||
| transfer for proof. | |||||
| 10560 | R231 (P) | 24/12/1986 | Transfer of Land and | DLA and Free State Prov Govt | |
| Certain Rights to the | DLA indicated this can be | ||||
| Government of Qwaqwa. | repealed. | ||||
| Land (including mineral | |||||
| rights) listed in a | |||||
| schedule transferred and | |||||
| registered in the name of | |||||
| the Government of Qwaqwa | |||||
| in trust for a black | |||||
| person, tribe or | |||||
| community. Registrar of | |||||
| Deeds to endorse the | |||||
| transfer for proof. | |||||
| 10560 | R232 (P) | 24/12/1986 | Transfer of Land and | DLA and KwaZulu/Natal Prov | |
| Certain Rights to the | Govt | ||||
| Government of KwaZulu. | DLA indicated this can be | ||||
| Land (including mineral | repealed. | ||||
| rights) listed in a | |||||
| schedule transferred and | |||||
| registered in the name of | |||||
| the Government of KwaZulu | |||||
| in trust for a black | |||||
| person , tribe or | |||||
| community. Registrar of | |||||
| Deeds to endorse the | |||||
| transfer for proof. | |||||
| 10560 | R233 (P) | 24/12/1986 | Transfer of Land and | DLA and | |
| Certain Rights to the | Mpumalanga Prov. Govt | ||||
| Government of KwaNdebele. | DLA indicated this can be | ||||
| Land (including mineral | repealed. | ||||
| rights) listed in a | |||||
| schedule transferred and | |||||
| registered in the name of | |||||
| the Government of | |||||
| KwaNdebele in trust for a | |||||
| black person, tribe or | |||||
| community. Registrar of | |||||
| Deeds to endorse the | |||||
| transfer for proof | |||||
| 11014 | R156 (P) | 30/10/1987 | Repeal of proclamation | Can be repealed | |
| R321 of 1970 | |||||
| 11050 | R2648 (P) | 1/12/1987 | Prescribing fees | DPLG and Mpumalanga Prov. Govt | |
| (referred to in schedule) | |||||
| in respect of selling | |||||
| price, redemption | |||||
| instalments rent and | |||||
| service charges in | |||||
| respect of the town of | |||||
| Ekangala. | |||||
| 11166 | R29 (P) | 9/3/1988 | Regulations Concerning | Assigned (whole) | DLA – to investigate whether |
| Land Tenure in Towns – | to a competent | there is sufficient provision | |||
| Rights conferred by Deed | authority within | for upgrading and | |||
| of Grant Rights, Who may | the government | registration. | |||
| grant deed of grants, | of the Provinces | ||||
| Conversion of deed of | of Eastern Cape, | ||||
| grant ,ownership. | Eastern | ||||
| Transvaal, | |||||
| KwaZulu/Natal, | |||||
| Northern | |||||
| Province, North | |||||
| West and Orange | |||||
| Free State under | |||||
| section 235 (8) | |||||
| of the Interim | |||||
| Constitution, | |||||
| 1993, Gazette No | |||||
| 15951, Proc.139 | |||||
| of 1994 dated 9 | |||||
| September 1994. | |||||
| 11167 | R31 (P) | 9 /3/1988 | Repeal of Proclamation | DPLG and Provinces | |
| R264 of 1968 as amended | |||||
| by Proclamation R339 of | |||||
| 1970 and Proclamation | |||||
| R101 of 1982 – regarding | |||||
| control of certain | |||||
| activities in black | |||||
| areas. | |||||
| 11699 | R8 (P) | 17/2/1989 | Licensing and control of | DPLG and Western Cape Prov | |
| dogs in black areas in | Govt | ||||
| the province of Good Hope | |||||
| – Amendment of | |||||
| Proclamation R351 of | |||||
| 1963. | |||||
| 12688 | R131 (P) | 10/09/1990 | Regulations for the | DPLG | |
| Establishment and | DLA ? (possible on the | ||||
| Development of Towns – | question of registration) | ||||
| Repeal of Proclamation | |||||
| R154. This proclamation | |||||
| did not apply in self- | |||||
| governing territories | |||||
| established under | |||||
| National States | |||||
| Constitution Act No. 21 | |||||
| of 1971. | |||||
| 2. Subordinate legislation (regulations) made under section 30 of the Black Administration Act, 1927, kept alive | |||||
| by virtue of section 8(2) of the Abolition of Racially Based Land Measures Act, 1991 (Act 108 of 1991) and still | |||||
| reflected in Butterworths | |||||
| (Section 30 was repealed by section 8(1) of the Abolition of Racially Based Land Measures Act, 1991 (Act 108 of | |||||
| 1991). Section originally empowered the Governor-General to make regulations regarding the control and management | |||||
| of certain native villages and townships) | |||||
| 2165 | R163 (P) | 11/11/1974 | Regulations Governing the | DLA | |
| administration and | DPLG and KwaZulu/Natal Prov | ||||
| Control of designated | Govt | ||||
| Areas. Control of | |||||
| Citizenship and | |||||
| occupation or ownership | |||||
| of land by the manager in | |||||
| consultation with the | |||||
| Bantu Advisory Board, | |||||
| Minister may approve | |||||
| citizenship for the | |||||
| purpose of this | |||||
| regulation. Provisions | |||||
| do not apply to ownership | |||||
| acquired through | |||||
| inheritance or before the | |||||
| regulations cane into | |||||
| force. | |||||
| Control of buildings and | |||||
| any erected structure in | |||||
| the designated Areas. | |||||
| General control of life | |||||
| of the inhabitants of | |||||
| these designated areas. | |||||
| 5800 | R320 (P) | 11/11/1977 | Amendments of the | DPLG and KwaZulu/Natal Prov | |
| Regulations Governing the | Govt | ||||
| Administration and | |||||
| Control of the areas | |||||
| Clermont and Edendale, | |||||
| 1974 | |||||
| 9846 | R1561 (P) | 19/7/1985 | Amendments of Regulations | DLA | |
| for the Administration | DPLG and Provinces | ||||
| and control of Townships | |||||
| in Black Areas. (General | |||||
| plan , demarcation of | |||||
| sites) | |||||
| 10081 | R149 (P) | 31/1/1986 | Amendment of Regulations | DPLG and KwaZulu/Natal Prov | |
| Governing the | Govt | ||||
| Administration and | |||||
| Control of the Areas of | |||||
| Clermont and Edendale, | |||||
| contained in Proc R163, | |||||
| 1974. | |||||
| 10081 | R150 (P) | 31/1/1986 | Amendment of the | DLA | |
| Regulations for the | DPLG and Provinces | ||||
| Administration and | |||||
| Control of Townships in | |||||
| Black Areas, amending | |||||
| regulations published | |||||
| under Proc R263 of 1962. | |||||
| 10364 | R1538 | 23/7/1986 | Amendment of the | Proc. R293 of | DLA |
| Regulations for the | 1962 assigned | DPLG and relevant Provinces | |||
| Administration and | (whole) to North | ||||
| Control of Township in | West and Eastern | ||||
| Black Areas , amending | Cape, under | ||||
| Regulations promulgated | Section 235 (8) | ||||
| by Proc. R293 of 1962. | of the Interim | ||||
| (Manner of purchased of | Constitution | ||||
| property, special | Gazette No. | ||||
| provisions in respect of | 15813, Proc. | ||||
| deed of grant, | R109,110and 111 | ||||
| substitution of a deed of | of 1994 dated 17 | ||||
| transfer for deed of | June 1994. | ||||
| grant or right of | |||||
| leasehold, Consolidation | Proc. R293 of | ||||
| or substitution of land | 1962 was also | ||||
| held under a deed of | assigned | ||||
| grant or right of | (excluding those | ||||
| leasehold) | provisions (if | ||||
| any) which fall | |||||
| outside the | |||||
| functional areas | |||||
| specified in | |||||
| Schedule 6 to | |||||
| the Constitution | |||||
| or which relate | |||||
| to matters | |||||
| referred to in | |||||
| paragraphs (a) | |||||
| and (e) of | |||||
| section 126 (3) | |||||
| of the | |||||
| Constitution) to | |||||
| Eastern | |||||
| Transvaal | |||||
| (Mpumalanga), | |||||
| KwaZulu/Natal | |||||
| and Northern | |||||
| Transvaal | |||||
| (Limpopo) under | |||||
| section 235 (8) | |||||
| of the Interim | |||||
| Constitution, | |||||
| Gazette No. | |||||
| 16049 , Proc . | |||||
| R162 of 1994 | |||||
| dated 31 October | |||||
| 1994 | |||||
| 10372 | R136 (P) | 1/8/1986 | Defining and Setting | DPLG and Gauteng Prov Govt | |
| apart of a Township known | |||||
| as Soshanguve, District | |||||
| of Soshanguve - | |||||
| Amendment of Notice 760 | |||||
| dated 12 April 1979. | |||||
| Defining boundaries. | |||||
| 11050 | R2647 (P) | 1/12/1987 | Setting apart of Land as | DLA | |
| a Town known as Ekangala, | DPLG and Mpumalanga Prov. Govt | ||||
| district of | |||||
| Bronkhorstspruit, as town | |||||
| for occupation by or for | |||||
| industrial or business | |||||
| purposes of Black persons | |||||
| 11166 | R30 (P) | 9/3/1988 | Establishment of | DLA | |
| Registration Offices for | |||||
| the Registration of | |||||
| Deeds of Grant rights and | |||||
| Rights of Leasehold in | |||||
| Towns established of | |||||
| Deemed to be established | |||||
| under Section 30 (1) of | |||||
| the Black Administration | |||||
| Act, 1927 (Act 38 of | |||||
| 1927) and Related | |||||
| matters. | |||||
| 11166 | R403 | 9/3/1988 | Regulations for the | DLA | |
| Registration of Deeds in | |||||
| Towns. | |||||
| 11166 | R404 (P) | 9/3/1988 | Regulations for Land use | DLA | |
| in Towns – existing uses, | |||||
| Extended Residential use, | |||||
| Zoning and re-zoning, | |||||
| planning maps and | |||||
| records. | |||||
| 11985 | R1414 (P) | 30/12/1989 | Regulations for Local | DPLG | |
| Authorities. Amendment | |||||
| of schedule to Government | |||||
| Notice No. R405 of 9 | |||||
| March 1988 | |||||
| 12076 | R1878 (P) | 1/9/1989 | Selling prices, | DPLG and KwaZulu/Natal Prov | |
| Conditions of payment , | Govt | ||||
| Rent and Service Charges | |||||
| in respect of Trust Town. | |||||
| 12076 | R1879 | 1/9/1989 | Rates and charges for the | DPLG and KwaZulu/Natal Prov | |
| areas Clermont and | Govt | ||||
| Edendale, determining | |||||
| that Notice in respect | |||||
| of Trust Towns published | |||||
| under Government Notice R | |||||
| 1878 of 1 September 1989 | |||||
| shall be applicable in | |||||
| the areas Claremont and | |||||
| Edendale from the date of | |||||
| publication. | |||||
| 12688 | R1886 | 10/8/1990 | Township Development | Assigned (whole) | DPLG and relevant provinces |
| Regulations for Towns – | to a competent | ||||
| dealing with Application | authority within | ||||
| for development, Land | the government | ||||
| availability and | of the Provinces | ||||
| development agreement, | of Eastern Cape, | ||||
| investigation of mineral | Eastern | ||||
| rights, Publication of | Transvaal, | ||||
| notice, Objections or | KwaZulu/Natal, | ||||
| Representations, Approval | Northern | ||||
| of application, Procedure | Province and | ||||
| for declaring an approved | Orange Free | ||||
| Township etc. | State under | ||||
| section 235 (8) | |||||
| of the Interim | |||||
| Constitution, | |||||
| 1993, Gazette No | |||||
| 15951, Proc.139 | |||||
| of 1994 dated 9 | |||||
| September 1994. | |||||
| 12691 | R1888 (P) | 10/8/1990 | Land use and Planning | Assigned (whole) | DLA ( Land Use Management |
| Regulations – dealing | to a competent | Bill) | |||
| with Town planning | authority within | DPLG and relevant provinces | |||
| Schemes generally , | the government | Presidency | |||
| Schemes for existing | of the Provinces | ||||
| area, new schemes | of Eastern Cape, | ||||
| ,Consent by Local | Eastern | ||||
| Authorities etc. | Transvaal, | ||||
| KwaZulu/Natal, | |||||
| Northern | |||||
| Province and | |||||
| Orange Free | |||||
| State under | |||||
| section 235 (8) | |||||
| of the Interim | |||||
| Constitution, | |||||
| 1993, Gazette No | |||||
| 15951, Proc.139 | |||||
| of 1994 dated 9 | |||||
| September 1994. | |||||
| 3. Subordinate legislation (by-laws) made under section 30A of the Black Administration Act, 1927, kept alive by | |||||
| virtue of section 8(2) of the Abolition of Racially Based Land Measures Act, 1991 (Act 108 of 1991) and still | |||||
| reflected in Butterworths | |||||
| (Section 30 was repealed by section 8(1) of the Abolition of Racially Based Land Measures Act, 1991 (Act 108 of | |||||
| 1991). According to Butterworths there is no subordinate legislation left under this provision) | |||||
| Nil | Nil | Nil | Nil | Nil | Nil |
| 4. Subordinate legislation (proclamations) made under section 87(1) of the Abolition of Racially Based Land | |||||
| Measures Act, 1991 (Act 108 of 1991) and still reflected in Butterworths. | |||||
| (Section 87(1) empowered the State President to repeal, amend or supplement any proclamation, regulation or by-law | |||||
| which was kept alive by section 5(2) or 8(2) of this Act. This power ended on 31 December 1994, when the said | |||||
| section 87 lapsed by virtue of section 87(4)) | |||||
| 13906 | R27 (P) | 31/1/1992 | Repeal of Amendments of | DPLG | |
| laws under Section 78 of | |||||
| the Abolition of racially | |||||
| based Land Measures Act, | |||||
| 1991 (Act No. 108 of | |||||
| 1991) Laws repealed or | |||||
| amended include Black | |||||
| Laws Amendment Act 56 of | |||||
| 1949, National States Act | |||||
| 46 of 1968 , | |||||
| Self-governing | |||||
| Territories Constitution | |||||
| Act 21 of 1971, Health | |||||
| Matter in Black Area Proc | |||||
| 34 of 1989 etc) | |||||
| 14690 | R84 (P) | 7/8/1992 | Amendments of the | DLA and Provinces | |
| Regulations for the | |||||
| Registration of Deeds in | |||||
| Towns, 1988 (Government | |||||
| Notice No. R 403 of | |||||
| 1988.) Amendments | |||||
| include the insertion of | |||||
| Regulation 5A in | |||||
| Government Notice R403 of | |||||
| 1988 regarding the | |||||
| transfer of rights by | |||||
| township developers. | |||||
| 14688 | R23 (P) | 12/4/1993 | Amendment of the Black | DLA and relevant provinces | |
| Areas Land Regulations, | |||||
| 1969 (Proclamation No. R | |||||
| 188 of 1969). Some | |||||
| section were repealed , | |||||
| some amended and some | |||||
| inserted, eg. Section 3A | |||||
| dealing with issuing of | |||||
| permission to occupy | |||||
| (PTO) | |||||
| 15469 | R13 (P) | 28/1/1994 | Amendment of the | DPLG and provinces | |
| Regulations concerning | Possible Department of Trade | ||||
| the Brewing and Sale of | and industry | ||||
| Sorghum Beer in Black | |||||
| Areas, 1963 (Proclamation | |||||
| No. 50 of 1963) – | |||||
| providing for application | |||||
| for sale of sorghum beer, | |||||
| giving notice to hold a | |||||
| beer party the chief or | |||||
| headman or the Director- | |||||
| General. | |||||
| 15469 | R14 (P) | 28/1/1994 | Repeal of the Regulations | Proclamation No. | DPLG and provinces |
| concerning the Payment by | R300 of 1968 (as | DLA | |||
| Blacks of Rental for | a whole) was | ||||
| Arable and Residential | assigned to | ||||
| Allotments and of fees | North West, | ||||
| for grazing stock on | Eastern | ||||
| certain Land owned by the | Transvaal | ||||
| South African Development | (Mpumalanga), | ||||
| Trust, (Proclamation No. | Eastern Cape and | ||||
| R300 of 1968) | Northen | ||||
| Transvaal | |||||
| (Limpopo) under | |||||
| section 235 (8) | |||||
| of the Interim | |||||
| Constitution, | |||||
| Gazette No. | |||||
| 15813, Proc. | |||||
| R109,110 and 111 | |||||
| of 1994 dated 17 | |||||
| June 1994. | |||||
| 15636 | R66 (P) | 22/4/1994 | Black Communities | DPLG | |
| Amendment Proclamation, | |||||
| 1994, the date of 22 | |||||
| April 1994 was proclaimed | |||||
| as the date on which the | |||||
| Black Communities | |||||
| Development Proclamation | |||||
| comes into operation. | |||||
| 15692 | R87 (P) | 264/1994 | Amendment of Laws | ||
| containing Reference to | |||||
| Racially based area | |||||
| measures, laws amended | |||||
| include Durban | |||||
| Waterworks Act 5 of 1937, | |||||
| Marburg Immigration | |||||
| Settlement Regulations | |||||
| Act 50 of 1971. | |||||
| 15808 | R116 (P) | 24/6/1994 | Amendment of Laws | ||
| Relating to Agricultural | |||||
| Affairs. This | |||||
| Proclamation was repealed | |||||
| by Subdivision of | |||||
| Agricultural Land Act | |||||
| Repeal Act 64 of 1998, | |||||
| however this Act is not | |||||
| yet in force. | |||||
| 5. Subordinate legislation (regulations) made under section 27 of the Black Administration Act, 1927 which are | |||||
| still reflected in Butterworths | |||||
| (These regulations will be repealed when their enabling provision, section 27, is repealed by the Repeal of the | |||||
| Black Administration Act and Amendment of Certain Laws Bill) | |||||
| 1839 | R194 (P) | 8/9/1967 | Control of Bantu | DPLG and relevant provinces | |
| Circumcision school in | |||||
| Certain areas of the | |||||
| Province of Transvaal. | |||||
| Chief Bantu Affairs | |||||
| Commissioner to give | |||||
| permission and have | |||||
| control of the | |||||
| circumcision schools in | |||||
| the District of | |||||
| Barberton, Letaba, | |||||
| Lydenburg, Nelspruit, | |||||
| Pilgrim’s rest, | |||||
| Pietersburg, Sibasa and | |||||
| Soutpansberg | |||||
| 2165 | R1673 (P) | 20/9/1968 | Regulations relating to | DPLG | |
| the Advertisement of | |||||
| Bantu Medicines and the | |||||
| financial Protection of | |||||
| Bantu. | |||||
| (i) Prohibition of the | |||||
| Advertisement of Bantu | |||||
| Medicine. | |||||
| (ii) Recording of | |||||
| Financial dealings with | |||||
| Bantu | |||||
| (iii) Auditing of Books, | |||||
| Records and Accounts. | |||||
| (iv) Offences and | |||||
| Penalties. | |||||
| 6. Subordinate legislation (Regulations) made under section 20 of the Black Administration Act, 1927 | |||||
| R45 (P) | 13/1/1961 | Regulations made in terms | DOJ | ||
| of section 20 (9) | |||||
| regarding the appeal from | |||||
| chief’s court to the | |||||
| Native Commissioner’s | |||||
| court. | |||||
| 7. Subordinate legislation (Regulations) made under section 12 of the Black Administration Act, 1927 | |||||
| 1929 | R2082 (P) | 29/12/1967 | Regulations regarding | DOJ | |
| Chief’s and Headmen’s | |||||
| Civil Court : rules | |||||
| (Relating to procedures, | |||||
| Hearing, Written Records, | |||||
| Reasons for judgement, | |||||
| Legal Representation , | |||||
| Scale of fees etc, | |||||
Other Assignment
KwaZulu Act on Code of Zulu Law (Act 16 of 1985) was assigned under Section 235 (8) of the Interim Constitution, per Gazette No. 15813, Proclamation 107 of 1994 dated 17 June 1994.
Natal code of Zulu Law, was assigned to KwaZulu/Natal under Section 235 (8) of the Interim Constitution, per Gazette No. 16049, Proclamation 166 of 1994 dated 31 October 1994. (including the KwaZulu Corporation Act 14 of 1984 and the Black Authorities Act 68 of 1951.
Regulation for the Control of the Residence on and Occupation of Privately or Tribally owned Land in Black Areas Proc. 192 of 1967 was assigned to Eastern Transvaal (Mpumalanga , Eastern Cape and Northern Transvaal under section 235 (8) of the Interim Constitution, Gazette No. 15813, Proc. R109, 110 and 111 of 1994 dated 17 June 1994. (The Black Authorities Act 68/1951 was assigned to EC by the same Proc 111 of 1994)
Chapter VII (sections 97 – 103) of the Abolition of Racially based Land Measures Act 108 of 1991 was assigned to provinces Gazette No 16049 Proc. R158 of 1994 dated 31 October 1994. (not related to BAA).
Regulations for the Disposal of State Land in Towns, Proc R 402 of 1988 (as a whole) was assigned to a competent authority within the government of the Provinces of Eastern Cape, Eastern Transvaal, KwaZulu/Natal, Northern Province and Orange Free State under section 235 (8) of the Interim Constitution, 1993, Gazette No 15951, Proc.139 of 1994 dated 9 September 1994.
Proc 139 of 1994 (ito section 235 (8) of the IC) assigned Sections 1 and 2 (7) (7) bis and (7)ter of the BAA to Eastern Cape, Eastern Transvaal (Mpumalanga), KwaZulu/Natal, Northern Transvaal (Limpopo) Orange Free State.
Government Notice R200 of 1987 - Regulation and Administration of the Estates for Deceased Black
Other subordinate legislation in terms of the BAA
Section 27 – Control of Bantu Circumcision Schools in certain areas of the Province of Transvaal - R194 of 8 september1967 Repeal of Legislation administered by the Department of Bantu Administration and Development- R265 of 20 September 1968 Regulations relating to the advertising of Bantu medicine and the financial protection of Bantu – R1673 of 20 September 1968
[1] Eastern Cape, Free State, KwaZulu-Natal, Gauteng, Mpumalanga, North West and the Western Cape. [2] Fourth World Conference on Women Platform for Action. www.un.org/womenwatch/daw/beijing/platform/declar.htm [3] Due to time constraints in the hearings, NIA informed the JMC that they did not have a Gender Desk. No further presentation was made by the NIA and no report was available. [4] As with the NIA, Public Enterprises delivered only a short report indicating that they don’t have a GFP and that transversal issues, such as gender, youth and disability issues are addressed. No report was available. [5] The implementing agencies are the provincial OSWs as well as the national and provincial GFPs. [6] The OSW in Mpumalanga did not make a presentation to the committee. A written submission was received. [7] The Western Cape OSW did not make a presentation to the committee. Written submission was received.
[8] Meaning ‘to comfort’ [9] This report only provided information on the structure, reporting lines and budget of the GFP. [10] The Secretariate had not made a report available at the time of compiling this document. Only a short oral presentation was made by the Secretariat. [11] As indicated earlier, the Gauteng Province currently does not have an OSW but instead has a Directorate fulfilling the function. They are in the process of establishing a Gender/HIV unit. These are the positions that are reported on here. [12] The Department of Science and Technology has appointed an external co- ordinator at Director level and an internal co-ordinator at a Deputy Director level.