National Assembly - 03 November 2005
THURSDAY, 3 NOVEMBER 2005 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:03.
The Deputy Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
DISABILITY 2005 CONFERENCE
(Draft Resolution)
The CHIEF WHIP OF THE OPPOSITION: Madam Deputy Speaker, I hereby move:
That the House –
1) notes that the Disability 2005 Conference begins in Midrand today;
2) commends their objective of ensuring that disabled South Africans
are able to enjoy their rights to dignity, respect and self-
respect;
3) wishes them well in their endeavour; and
4) calls on all South Africans to assist them in this cause.
Agreed to.
DEATH OF MRS MARIETJIE VILJOEN, WIFE OF MARAIS VILJOEN
(Draft Resolution)
Mr W D SPIES: Madam Deputy Speaker, I hereby move without notice:
That the House –
1) expresses its condolences with the family and friends of the late
Mrs Marietjie Viljoen, who passed away on 5 October 2005;
2) notes that Mrs Viljoen was the wife of former State President of
the Republic, Marais Viljoen, and that she was also an honorary
member of PACT and the Afrikaans Language and Cultural Association
(ATKV); and
3) adds its voice to that of President Mbeki in stating that our
thoughts are with her family and friends in this time of grief.
I thank you.
Agreed to.
THREAT OF AVIAN FLU
(Notice of Motion)
Mrs C DUDLEY: Madam Deputy Speaker, on behalf of the ACDP, I give notice that I shall move:
That the House debate the increasing threat of avian flu and its potential impact on South Africa, with reference to reports that the Spanish flu epidemic that killed more than 40 million people in 1918 and 1919 is believed to have originated as a bird virus . . .
The DEPUTY SPEAKER: Mrs Dudley, you are giving notice of a debate?
Mrs C DUDLEY: Yes.
The DEPUTY SPEAKER: Why didn’t you do it when we were taking notices?
Mrs C DUDLEY: Oh, sorry. I thought we were still on notices.
The DEPUTY SPEAKER: No, we’re long past that.
MEMBERS’ STATEMENTS
FIRE SAFETY EDUCATION
(Member’s Statements)
Mr T D H RAMPHELE (ANC): Madam Speaker, the fires that have claimed lives, destroyed homes in the Western Cape and Gauteng and laid waste to hectares of farmland and forests in the Eastern Cape and other parts of the country, have once again shown us what devastating consequences these disasters can have on the lives of often our most vulnerable communities, our green heritage and our biodiversity.
The ANC calls on communities to reduce the risk of fires by observing early signs of fire dangers, and certain basic safety rules. We call on radio stations and other media to include fire safety education in their programmes.
The Minister of Water Affairs and Forestry launched South Africa’s national fire danger rating system in partnership with the SA Weather Services in September this year to increase our capacity and knowledge of preventing and managing veld fires. This system comprises an early warning system for predicting conditions conducive to occurrences of veld fires. It also entails the issuing of warnings when the fire danger rating is high or extreme. Such warnings are issued through television, radio and local newspapers. Our people are asked to take note and observe these broadcasts in daily weather reports, and take precautionary measures of prevention.
The ANC applauds those members of our emergency services who often risk their lives when called out to fight these devastating fires, and once again calls on citizens to be extra cautious, especially during what is called the ``fire weather period’’. Thank you. [Applause.]
CORRUPT MAYOR OF MANGAUNG
(Member’s Statement)
Mr M M SWATHE (DA): Deputy Speaker, in Bloemfontein, the controversial mayor of Mangaung, Mr Papi Mokoena, is back in his office this week, after his voluntary leave came to an end. This was after he was arrested by the Scorpions on charges of defrauding the municipality of R150 million, and released on bail.
For the DA and the public, it is clear that the ANC is unwilling to take action against a public representative who has been charged for such a serious offence. If President Mbeki is adamant about rooting out corrupt officials and improving service delivery at local government level, then he should practise what he preaches. [Interjections.]
Removing a mayor from the provincial capital and largest municipality in the Free State who faces serious criminal charges relating to abuse of his power as a mayor would be a step in the right direction. Waiting for a decision by a committee of council, months after the initial charges were laid, sent a very clear message to the public: When it comes to corruption, the ANC talks the talk, but it is unwilling to walk the walk. [Applause.]
COLLAPSE OF FARMS IN LIMPOPO
(Member’s Statement)
Mr E J LUCAS (IFP): Madam Deputy Speaker, it’s very troubling that, according to reports, most of the farms bought by the Limpopo government between 1997 and 2002 for R100 million under the Land Acquisition Grant Programme have collapsed.
A National Council of Provinces and MEC delegation that visited several of the farms found that most of the projects had failed due to a lack of skills and funds. If, as alleged, so many of the farms have collapsed in just the Limpopo province, the Department of Agriculture and Land Affairs should conduct a thorough investigation into the state of all farms throughout South Africa that have been given back to the people and communities under the department’s various programmes so as to ascertain how many are operating successfully, and to provide assistance to those that need it.
The ability to make a commercial success of these farms is of the utmost importance. If the beneficiaries as well as the surrounding communities are to develop and prosper, these people should be equipped with the necessary skills and given the assistance needed to ensure that at least they have a chance to survive and, hopefully, also to prosper. Thank you.
The DEPUTY SPEAKER: The ANC.
Mr T D LEE: Madam Deputy Speaker, could I address you on a point of order, please?
Mr S A MSHUDULU: Have you crossed?
The DEPUTY SPEAKER: A point of order?
Mr T D LEE: Could I address you on a point of order, please? While Mr Swathe was making his statement, a member of the ANC from that side called him a ``baas boy’’. I think that is very, very racist, and I think it is unparliamentary.
The DEPUTY SPEAKER: Hon members, if that was said, it was unparliamentary. [Interjections.] Do you know who the member is that made that remark?
Mr T D LEE: Deputy Speaker, I think I recognised the voice. It sounded like Mr Danny Olifant’s voice. [Interjections.]
The DEPUTY SPEAKER: I have to rule on something like Mr Danny Olifant’s voice. It’s a little bit difficult to do, but I could ask Mr Danny Olifant whether it was he. Please, hon member, without going into explanations, withdraw the comment.
Mr D A A OLIFANT: Madam Deputy Speaker, I have a much more beautiful voice than that. I never said that. Thank you.
The CHIEF WHIP OF THE MAJORITY PARTY: Can I withdraw it on behalf of the caucus, Madam Deputy Speaker?
The DEPUTY SPEAKER: Well, no one seems to be owning up, but we cannot take a withdrawal on the basis of a caucus. It has never happened before. The ruling stands – I am not recognising you, sir. Please take your seat – that if those words were uttered by someone, they are unparliamentary, and in bad taste. We should never do that. Thank you for raising the point, sir. [Interjections.]
No, then you don’t make it any easier by continuing to say these are racists. We don’t know who said that, and our ruling is very clear that whoever said that made an irresponsible and unparliamentary remark.
PROTESTS IN CROSS-BOUNDARY MUNICIPALITIES
(Member’s Statement)
Mr S A MSHUDULU (ANC): Madam Deputy Speaker, the pending repeal and finalisation of the cross-boundary municipalities by the Municipal Demarcation Board and Parliament has raised tempers in the affected communities.
It should be understood that, at this stage, nothing has been finalised in this regard to warrant celebrations or protests, as has happened in Khutsong near Carletonville.
The ANC calls on all communities to exercise restraint and remain calm to allow institutions authorised to deal with these issues to do their work without fear or favour. Protests are welcome; they are an important element of democracy, but we unequivocally condemn the violence that accompanies these protests. We further call on the people of the affected communities to realise that the destruction of council property or any other property can only serve to disrupt service delivery and the possibility of improving the quality of people’s lives as called for. Thank you. [Applause.]
SUSPENSION OF INTELLIGENCE OFFICIALS
(Member’s Statement)
Nkskz S N SIGCAU (UDM): Sekela-Somlomo, umbutho i-UDM uxhalabile ziziganeko zakutsha nje kwiSebe lezoBuntloli. Ukunqunyanyiswa kwamagosa amathathu aphezulu kweli sebe kuzisa uloyiko eburhulumenteni.
Kwasekuqaleni masimncome uMphathiswa ngokuwuphatha ngobunono lo mcimbi akufumanisa ngokuthe kwehla. Sinethemba lokuba ngokwenjenje uthumele umyalelo kuwo onke amagosa ezobuntloli nakumalungu aseburhulumenteni ukwenzela ukuba azi ukuba izenzo zobugwenxa azizi kunyanyezelwa kweli sebe.
Siyathemba ukuba uphando lwale nyewe luya kuhlolisisa imeko enobuzaza engadalwa kukusetyenziswa gwenxa kwamandla okuphatha. Eli lixesha leenkokeli ezinobulumko neziqinileyo, neziya kuqinisekisa ukuba urhulumente akayi kuba lixhoba labo bafuna ukufezekisa iminqweno yabo yezopolitiko. Ndiyabulela, Sekela-Somlomo. (Translation of Xhosa member’s statement follows.)
[Ms S N SIGCAU (UDM): Deputy Speaker, the UDM is concerned about recent events in the Department of Intelligence. The suspension of three senior officials in this department has caused fears to arise with regard to governance.
From the outset, let us commend the Minister for his careful handling of this issue when he found out what had happened. We hope that by doing this he sends a message to all intelligence officials and members of the government, so that they understand that untoward actions will not be tolerated in this department.
We hope that the investigation of this matter will demonstrate the negative effects which maladministration may bring about. Now is the time for wise and strong leaders, who will ensure that the government is not a victim of those who want to pursue their own political motives. I thank you, Deputy Speaker.]
PROBLEMS AT THE CCMA
(Member’s Statement)
Mr V C GORE (ID): Madam Deputy Speaker, recent strikes by employees of the CCMA underline a darker truth and problems at the institution whose mandate is to protect the rights and interests of all workers in South Africa.
It appears that the CCMA is beginning to fail its workers. Mismanagement by the governing body of the employees was recently illustrated by the awarding of 12 months’ compensation to an unfairly dismissed employee and the payment of settlements, compensation and litigation fees totalling millions of rands to another employee. This is against the backdrop of the CCMA continually complaining of lack of resources.
Another example of the way that the CCMA is failing the interests of the workers is the preliminary result of an independent study into the settlement rates of disputed resolutions, which indicated that the reported figures of 60% are a lot higher than that figure.
The appointment and retention of “yes-men” and “yes-women”, and praise singers of the Minister of Labour, and in many cases the employment of clearly underqualified personnel, such as the current provincial head in Cape Town, who does not have the necessary qualifications, clearly undermine the mandate and operations of this organisation.
The ID calls on the Minister of Labour to step in and intervene in the affairs of the CCMA, and ensure that the interests and rights of the workers, both within and outside of the organisation, are protected and promoted.
VIOLENCE AMONGST CHILDREN
(Member’s Statement)
Me M R MORUTOA (ANC): Mevrou die Adjunkspeaker, ons kinders is almal kosbaar. [Madam Deputy Speaker, all of our children are precious.]
Ke rata go boeletsa ke re, bana ba rona ba botlhokwa thata thata. [I want to repeat that and say, our children are very important.]
Dit is die boodskap wat die ANC aan die ouers van die twee seuns wat by die hartseer voorval in Paballelo, Upington, betrokke was, wil oordra.
’n Elfjarige seun het gister in die hof verskyn omdat hy klaarblyklik ’n sewejarige seun aangerand het met ’n stuk draad. Die Sewejarige seun het aan sy wonde beswyk. Ons moedig die gemeenskap aan om ons kinders te beskerm en om hulle goeie gemeenskapwaardes te leer.
Ons doen ’n beroep op die gemeenskap om ’n voorbeeld te stel vir ons kinders sodat hulle kan sien dat daar ander maniere is om hulle probleme op te los. Die ANC-regering het al talle stappe gedoen om ons kinders te beskerm en wetgewing in plek gesit wat spesifiek toegepas kan word.
Ons doen ook ’n beroep op alle maatskaplike werkers en onderwysers om selfs meer opleidingsprogramme te inisieer sodat kinders die kans gebied kan word om uit die bose kringloop van geweld te ontsnap. Ek dank u. [Applous.] (Translation of Afrikaans paragraphs follows.)
[That is the message the ANC wishes to convey to the parents of the two boys involved in the sad incident in Paballelo, Upington.
An 11-year-old boy appeared in court yesterday because he apparently assaulted a seven-year-old boy with a piece of wire. The seven-year-old succumbed to his injuries. We encourage the community to protect our children and to teach them good community values.
We call on the community to lead by example, so that our children can see that there are other ways of solving their problems. The ANC government has already introduced many measures to protect our children, as well as putting in place legislation that can be specifically implemented.
We also call on all social workers and teachers to initiate even more training programmes, so that children may be afforded an opportunity of escaping the vicious cycle of violence. I thank you. [Applause.]]
GROWTH IN SOUTH AFRICAN ECONOMY WELCOMED
(Member’s Statement)
Mr P H K DITSHETELO (UCDP): Madam Deputy Speaker, the UCDP welcomes the news that the South African economy is expected to grow at about 6%. Any normal South African would be proud of this great achievement. However, it would be naïve not to ask or enquire: “Why only now?” The answer would be: “Yes, now, because apartheid was a stumbling block.”
For instance, fewer people were placed in power to determine the destiny of the majority. Obsession with the skin colour of individuals was the order of the day. But with the advent of democracy, the floodgates of economic growth were suddenly open.
The UCDP has always advocated the creation of wealth for the benefit of all South Africans and the encouragement of small entrepreneurship, not only for earning a living, but also for participation and sharing profits.
The UCDP has in the past trained individuals in various skills through the manpower centres, which ensured that as they left the learning centres, these individuals were ready to perform the job they had been trained for.
We welcome all moves to enhance the economy, and not only to alleviate poverty, but also to strive to eradicate it. I thank you.
SPENDING OF PROVINCIAL BUDGETS
(Member’s Statement)
Ms N M MDAKA (UIF): Madam Deputy Speaker, the UIF is concerned about the revelations contained in the provincial budget report released by the National Treasury, that our provinces have spent just 40% of their . . .
The DEPUTY SPEAKER: Order! Order, hon members! Please, we would like to hear the member of the UIF. [Laughter.]
Ms N M MDAKA (UIF): . . . combined capital budgets for the fiscal year as at the end of September. This shows that our provincial governments still have a long way to go with regard to the development of necessary capacity to spend their allocated budgets, which should also take into consideration the quality of spending and efficiency.
The UIF believes that amid grinding poverty and lack of sustainable development in many of our provinces, which affects local government capacity to provide services effectively, the provincial governments should do more to ensure that budgets allocated to them are properly spent in order to better the lives of our people, more especially you. [Interjections.]
LOCAL GOVERNMENT IN THE EASTERN CAPE
(Member’s Statement)
Mr S B FARROW (DA): Madam Deputy Speaker, despite being one of South Africa’s poorest provinces, the Eastern Cape government saw fit to spend R3,4 billion on consultants over the past two years. This can only be as a result of a lack of skills and capacity within its own government departments and, in fact, can be seen as running a parallel Public Service to prop up its inefficient and incompetent managers.
The recent report that the Elundini municipal manager was appointed with an invalid Standard 8 certificate and a criminal record is indicative of the quality of appointments being made by the ANC panellists that did the interviewing and selection process.
It can also be adjudged by virtue of the fact that no annual statements have been submitted by that municipality since 1997-98. How an inexperienced manager can be made responsible for an annual budget of R111,6 million and be paid R367 000 a year makes the mind boggle.
A province that cannot find sufficient funds to maintain its roads, with annual shortfalls in excess of R1,5 billion per annum, but can find ways and means to pave a road to the rural home of the CEO of SAA for his wedding, makes one wonder where the provincial government’s priorities lie. This especially when requests for maintaining or upgrading the province’s main economic road network in the rural areas have fallen on deaf ears for many, many ears.
Corruption continues unabated in the Eastern Cape. Not a day goes by without reports of mismanagement and misappropriation. The Nelson Mandela Metro cannot go untarnished, inter alia, with the recent findings of a forensic audit in respect of housing projects that contain many complaints and allegations of the flawed process that was used, resulting in the metro’s name not being submitted for accreditation, and this despite the housing waiting list of 78 000.
A recent last-minute cancellation of the housing indaba in the Eastern Cape cost the local government and housing department a whopping R212 945. Recent protests all over the province highlight the fact that the ANC has not delivered on its promises. The tide is turning. The voters are now saying: “Enough is enough.” [Applause.]
MOBILE LIBRARIES
(Member’s Statement)
Mr B MTHEMBU (ANC): Madam Deputy Speaker, the Minister of Education has stated that one of the doors of education that still needs to be opened is reaching untapped potential, and that the handle of this door is beyond the reach of thousands of rural children.
The Caterpillar library can play an important role in improving literacy amongst people in rural areas who have never had the opportunity to set foot in a library. June Baatjes, library advisor of the West Coast and Winelands Education Management District Centre, has initiated the launch of a mobile library, the Caterpillar, which will ensure that thousands of children in rural and farm schools will soon have access to reading material.
The first Caterpillar, a 1,6m affordable library on wheels, has been delivered to Tonko Bosman, a small farm school in Stellenbosch. While annual running costs for bus mobile libraries in rural areas totalled up to R50 000, the Caterpillar cost just under R2 000.
The ANC commends initiatives such as the Caterpillar project, which will assist in opening the doors of learning in rural areas. [Applause.]
FRAUD INVOLVING STOLEN IDENTITY DOCUMENTS
(Member’s Statement)
Mrs I MARS (IFP): Madam Deputy Speaker, according to reports, identity document fraudsters have stolen more than R83 million from banks alone, while fraudulent claims based on stolen or fake IDs cost the life insurance industry R200 million in R2003 alone.
This is not a problem only within South Africa, but is a worldwide phenomenon, which is becoming one of the fastest-growing criminal activities in the world and amounts to billions of dollars. We therefore urge all South Africans to be very careful and apply the necessary safeguards where their identity documents are concerned.
The various organisations and institutions, as well as governmental departments, should also be very careful and take the necessary precautions to ensure that people’s identity documents are protected, and not used for unlawful purposes. This will include weeding out any employees who may be involved in corruption and contributing to the increasing theft of identity documents. Thank you.
POOR SERVICE AT CAPE TOWN HOME AFFAIRS OFFICE
(Member’s Statement)
Ms N D NGCENGWANE (ANC): Thank you, Deputy Speaker. The ANC welcomes the response by the Department of Home Affairs to take action against an official who allegedly made degrading remarks to a member of the public seeking assistance at the regional office in Cape Town.
The suspension of the official and subsequent investigation into the allegations by the Department of Home Affairs sends a clear signal to those who do not practise the principles of Batho Pele in their daily interaction with members of the public. They will face the consequences of their actions.
The ANC calls on all members of the public to report incidents of poor service to the relevant authorities, the local parliamentary constituency offices or even the Cabinet Minister concerned. I thank you.
COMMISSION OF INQUIRY: FOOD-FOR-OIL SCANDAL
(Member’s Statement)
The CHIEF WHIP OF THE OPPOSITION: Madam Deputy Speaker, the President cannot delay appointing a judicial commission of inquiry into the involvement of South African companies and individuals in the oil-for-food scandal. Over half a dozen countries have began probes or launched criminal proceedings regarding their own companies and citizens that are mentioned in the report of the UN Independent Inquiry Committee. These include Australia, Germany, Jordan, New Zealand, Russia, Switzerland and Thailand.
Justice Minister Mabandla’s request to her deputy to study the report is inadequate. It also fails to meet the minimum standard set by South Africa’s international partners.
By failing to follow that example, President Mbeki risks standing alone. He may reinforce the impression that some politicians in South Africa are held to account while others are not. The President must heed the call of UN Secretary General Annan to conduct a full and open investigation. This will ensure that we are seen to lead the fight for justice, transparency and human rights and do not stand alongside the pariah nations of the world.
CONGRATULATIONS TO MR TIMAMBA CHAUKE
(Member’s Statement)
Mr S B NTULI (ANC): Thank you, Madam Deputy Speaker. The doors of learning and culture shall be open to all, so says the Freedom Charter. Mr Timamba Chauke, an 84-year-old resident of Soweto has given new meaning to the expression, you are never too old to learn. Mr Timamba Chauke, a retired salesman, sat for his Algebra exams on Monday at the Wits University Matric Centre in Braamfontein, Johannesburg. This is an extraordinary achievement. [Interjections.]
The DEPUTY SPEAKER: Hon member, let me take the point of order.
Mr T D LEE: Chairperson, may I address you on a point of order please. Yesterday, the exact same motion was accepted by this House and it is being repeated as a statement today.
The DEPUTY SPEAKER: It’s not the same. [Interjections.] It can be the same; it doesn’t matter. [Interjections.] It can be the same statement even if it was given yesterday – except that your angle of approach is from a different perspective that the doors of learning shall be open to all. [Interjections.]
Mr S B NTULI: Thank you, Madam Deputy Speaker. This is an extraordinary achievement. The ANC would like to commend Mr Chauke for his dedication. His positive attitude in believing that there is no knowledge that cannot be conquered by perseverance sets an example to all pupils.
Mr Chauke’s accomplishment should encourage all South Africans, especially the youth, to embrace the concept of lifelong learning as a means of establishing a culture of learning in South Africa. We must strengthen and encourage organisations to broaden their initiatives to make adult literacy more accessible to a greater number of people.
We wish Mr Chauke success for the remaining papers that he still has to write and he must remember his own words when he said: “I believe in persistence. Even if I were to fail this time, I would regard it as a mistake that could be corrected.” I thank you. [Applause.]
MINISTERS’ RESPONSES
FIRE WARNINGS; COLLAPSE OF FARMS IN LIMPOPO
(Minister’s Response)
The MINISTER FOR AGRICULTURE AND LAND AFFAIRS: Thank you very much, Deputy Speaker. I would like to respond to only two of the statements that have been made by hon members. Indeed, one would agree with hon Ramphele on the statement about fires and warning the public, and I am sure the Ministry of Water Affairs and Forestry would work together with the disaster management committee to ensure that those who have been affected can actually get the necessary assistance. But I think the warning to the public indeed is timely to ensure that as citizens we also take responsibility in ensuring that we can at least prepare ourselves and be able to act when such fires occur.
I would also like to thank the hon member from the IFP who raised the issue of the farms in Limpopo, which I think has been a topical matter in the media since Tuesday. I agree, hon member, that indeed we’ll have to have a capacity within the Department of Land Affairs to monitor what is happening to those farms that have been given to beneficiaries as a result of the land reform programme.
I also think it’s important for us as hon members in this House to appreciate that during the first ten years, some of the things that we might have done with good intentions in terms of the implementation of our programme, might not actually have had the desired effect when implemented. And we’ve been alive to that reality. We’ve gone back to some of those projects to see how we could make them sustainable.
However, we have also learned that one of the things that we need to instil in our people, particularly when they work in a collective form, is how we build the institutions that can relate to members of the community to define how the sharing of responsibility can occur on a timely basis when they work together.
As you know, when you have to deal with a group of people, decision-making processes and consultation can be a challenge. So, those are some of the issues we need to deal with. The issue of training is also very central to how we could deal with these matters going forward.
I just want to say that there might be some setbacks but there are also positive aspects. In certain localities, some of our established commercial farmers, without even being asked by government, came to the rescue of the new beneficiaries, which I think is a good spirit that we must encourage, because the success of these emerging farmers would actually contribute to food security and economic growth for the entire country. Thank you very much, hon members.
PROBLEMS AT THE CCMA
(Minister’s Response)
UMPHATHISWA WEZABASEBENZI: Akukho nto ityhulu ekubeni abasebenzi be-CCMA bathande ukujongana ngezikhondo zamehlo nabo babaphetheyo. I-CCMA iphethwe yibhodi, bhodi leyo eyenziwa yimibutho yabasebenzi noosomashishini. Ngoko xa abasebenzi bethe abaneliseka, Mnu Gore, akukho nto igwenxa ekulandeleni ilungelo labo elikrolonqiweyo kuMgaqo-Siseko welizwe loMzantsi Afrika.
Andisayi kugxuphuleka ke mna kwimpixano kwakunye nongquzulwano phakathi kwabasebenzi nabaqeshi. Mabangquzulane. Into endinokuyenza mna kuphela kukuty’ efileyo. (Translation of Xhosa Minister’s response follows.)
[The MINISTER OF LABOUR: There is nothing wrong when employees of the CCMA do not see eye to eye with their management. The CCMA has a board which comprises labour organisations and business people. So, if employees do not get the satisfaction they had hoped for, Mr Gore, the Constitution of South Africa guides them as to the action they could take.
I would not like to interfere in the disagreement and conflict between employees and employers. Let them fight. What I will do is just watch.]
GROWTH RATE TARGET
(Minister’s Response)
The DEPUTY MINISTER OF TRADE AND INDUSTRY: Thank you, Madam Deputy Speaker. I just want to comment on the remarks of the UCDP and say that, indeed, one welcomes the statement of confidence that they have in the ability of this country to reach 6% growth.
I just want to add that I think that when a number of other voices are expressing confidence in our ability to get there they are not just saying that this is something which is going to happen automatically. What they are doing is expressing confidence in the programme which has been developed by government, that is indeed intended to raise the growth rate and to do this in ways which will address developmental challenges.
What is necessary if we are to achieve these objectives is not simply to sit back and wait for it to happen but to put in a lot of hard work to address a number of very serious constraints, many of them emerging from the heritage of apartheid. So, what we have is a programme which is seeking to push forward the public infrastructure development programme which is addressing a whole range of backlogs and shortcomings in our infrastructure skills development programme and industrial and sectoral strategies.
I trust that when members of Parliament express confidence in our ability to achieve growth this also means that they would support the measures which are to be put in place to achieve that growth and that they would also work in their constituencies to ensure that these programmes are in fact delivered on the ground. Thank you very much.
UNNECESSARY COMMISSIONS CALLED FOR BY DA
(Minister’s Response)
The MINISTER FOR THE PUBLIC SERVICE AND ADMINISTRATION: Thank you very much, Madam Deputy Speaker. I would just like to respond to the statement by the DA on the food-for-oil matter and say that as a government we will not be pushed into appointing unnecessary commissions of inquiry. As a country and a government we’ve clearly stated that the Minister of Justice will study the UN document.
We don’t have any fears that we would be declared a pariah nation because we have a proud history. Our track record in foreign affairs is very clear. We have no reason to step back and we will await the outcome of that study before we take any further steps. Thank you.
The DEPUTY SPEAKER: Seemingly, we have three more slots for Ministers but they are not interested in taking that now. We then move on – Deputy Minister, Hangana; are you raising your hand or what.
PROTESTS AT LOCAL GOVERNMENT LEVEL
(Minister’s Response)
The DEPUTY MINISTER FOR PROVINCIAL AND LOCAL GOVERNMENT: Deputy Speaker, I want to say that I came in at the tail end of what was said by the hon member from the DA, but what I heard was the fact that there are so many protests at local government level and a failure to deliver services.
Now, I want to respond to the protests that are taking place at local level. You know, in the past protests in this country were met with an iron fist. There was no democracy at all. Even when people wanted to have a peaceful protest they were not allowed to air their grievances. But, this just shows and proves how vibrant our democracy is in that people are allowed to protest, and they are not locked up in dark rooms. People are now allowed to go out and protest.
However, what we condemn very strongly is the fact that people destroy private property and buildings belonging to government. That we condemn strongly, but when they want to air their grievances let them do so. It’s their democratic right for which they suffered and fought in this country.
As regards service delivery, it’s amazing that it should actually come from the benches of the DA, because whilst they were here in this province they failed and we are now dealing with the rubbish that they left behind for us to deal with. You have not even proved – not one of the municipalities . . .
Mr W P DOMAN: Madam Deputy Speaker, on a point of order, is it in order for the hon Deputy Minister to respond to a statement from an ANC member, the hon Mshudulu, and not on the DA statement that dealt with corruption in Mangaung Municipality. So, the hon Deputy Minister responded to the wrong statement and attributed it to the DA.
The DEPUTY SPEAKER: I thought you were rising on something different, because the Deputy Minister has a right to respond to any of the 14 statements.
The DEPUTY MINISTER FOR PROVINCIAL AND LOCAL GOVERNMENT: Absolutely!
ELECTRONIC COMMUNICATIONS BILL
(Second Reading debate) The MINISTER OF COMMUNICATIONS: Deputy Speaker, colleagues, hon members of the House, distinguished ladies and gentlemen, when the Telecommunications Act was passed a few years ago it outlined 17 objectives, and when it was amended two or three years ago, two more objectives were added. We have been following with keen interest the progress we were making in achieving these objectives in the context of government’s managed liberalisation.
Two and a half years ago, when rapid changes in technological advancement were occurring, we did what is unusual in government and that is to release a rough draft of the Bill to deal with the convergence of information and communications technologies to the industry, and we widely canvassed the views of foreign experts, industry and portfolio committee members. Conflicting interests played themselves out until we were able to receive a draft we could present to Cabinet only 18 months later.
This Bill has been thoroughly negotiated with the industry, within government, Cabinet and the parliamentary processes. Such intense political negotiation, long as it is, has become a characteristic of South African democracy in its attempt to be inclusive and participatory in a consensus- building climate. In this regard, we pride ourselves on being champions of the multistakeholder approach of building an inclusive information society that is currently the major hallmark of the World Summit on the Information Society.
This Bill builds on lessons learned over the years and the new confidence gained in order to chart a new, but bold, way forward. The Bill refines the legal and regulatory framework in order to allow us to drive the convergence technologies and services that have historically been developed and regulated separately.
This Bill also provides for a dramatic increase in the number, types and quality of licences, thus enabling South Africans from all walks of life to have a vast range of services at their disposal. This will increase competition in the sector, thus reducing the cost to communicate and making ICTs more affordable and accessible.
The Electronic Communications Bill will improve the competitiveness of telecommunications, IT, broadcasting and the postal sector, locally and internationally, thus contributing to the global competitiveness of our economy. This improved competitiveness will not only lower the cost to communicate, but should address challenges of the marginalised second economy in order to achieve the goals of the accelerated share and shared growth initiative for South Africa that the Deputy President has been tasked by the President to champion. The Bill sets out a new licensing framework separating the licensing of services from that of infrastructure. It sets interconnection and facility leasing principles, and will enable the rapid growth of this sector. The Bill provides for the development of the national frequency spectrum plan, which will allow for better management and planning for the future use of the spectrum.
There is no doubt that this Bill will contribute to socioeconomic development and move us more rapidly towards achieving universal access, and bring about the inclusion of the second economy. The Bill creates opportunities for the growth of the sector, especially with regard to small and medium enterprises. In this regard, the environment created for an increase in woman-owned ICT or ICT-related businesses needs to be fully taken advantage of. In a way many companies should find rural areas sexy areas for their expansion, and entrepreneurs will find these profitable for business and investment.
The first decade of our liberation created a policy environment conducive to a better life for all. Let us make this decade a decade of delivery. This Bill will give us the tools to do so.
I wish to thank the chairperson and members of the portfolio committee, who had to work late into the night – sometimes, into the early hours of the morning – to pilot this Bill through timeously. Without that hard work and scrupulous attention this would not have been possible. Many thanks also go to my DG, Lyndall Shope-Mafole, who is not very well, but who worked very hard, together with her team-mate, Mashile Matlala. My special thanks also go to our former DDG, Phakamile Pongwana, who led this process until its introduction to Parliament, as well as Joe Mjwara who took over the baton from him before also going to join the industry.
We also thank former staff member Edmund Baloyi, who started working at Icasa only this week. We trust that you will agree with us that this move is testimony to our commitment to strengthening the capacity of the regulator.
Finally, I wish to express my appreciation for the able support of my deputy, Roy Padayachie, in championing this Bill so enthusiastically. Thank you very much, Roy. [Applause.]
Deputy Speaker, today marks a historic day for our country. It opens yet another chapter of unending opportunities provided by our young democracy in pursuit of a better life for all, using modern technologies. I wish to take this opportunity to express my appreciation to all members of the committee for their unanimous passing of this Bill, if it is passed today. Thank you very much. [Applause.]
Mr M K LEKGORO: Deputy Speaker, when I prepared my input some days ago the Bill was, to the best of my knowledge, still termed the “Convergence Bill”. That is why I took the liberty to say in my introduction that I should explain a bit to members about convergence; that convergence is just the jargon used to describe the move away from an old technology that required a specific technology to deliver a specific service. For example, the public switched telephone network technology could deliver only one service, that is telephoning, and you required the dedicated hardware network for that.
Again, for radio it is a transmission and reception technology designed and bundled for sound broadcasting only. Data network technology is only dedicated to delivering data to one’s personal computer; your TV only offered you sound and vision. Now technology allows that a common network can carry many services, for example, your telephone network can now carry voice, video, pictures, TV, radio, etc. In simple terms it is now possible to receive any communication service on a device of your choice.
The developed world has made some strides in this regard and all evidence points to the fact that for this technological development to be relevant to a country and its people we have to deploy broadband Internet. The Internet is simply your personal computer in your office connected to a modem, and that modem connects you to the Worldwide Web network, in which you can tap into almost any information you can imagine. Broadband is the capacity and speed with which a network allows you to enter and receive information from that worldwide network.
With this kind of innovation a country may be able to accelerate access to information for its citizens. In our case, it is hoped that the previously disadvantaged communities who, by the design of apartheid, were destined to be ignorant forever, could now ride this wave and join the rest of humanity. What is not said in any Bill or Act of this nature is that it is expensive for the end-consumer to enjoy these services, and that for some time into the distant future this will be a fruit that is enjoyed by few in society, and a far cry from the poor rural and township centres.
The fact of the matter is that technological innovation and development in this regard are driven by business interests and, as a result, profit is the motive. Naturally, business is not going to forego its profit in favour of rolling out infrastructure and services to the poor who cannot, in turn, pay for such services. Of course, it is not the role of business to do so.
We made a call to government that they should appreciate the added burden that comes with these technological advancements. Here is the technology available; the poor need it more than anyone else. If they access these technologies they are an informed people - from those far-flung areas, with a finger on a keyboard, they become part of society and the world. Yet, they will not be able to read and operate the keyboard; they will not be able to afford to purchase the device; they will not be able to afford to pay for the services.
South Korea and Malaysia stand out as good examples of how far a government must be prepared to deploy resources in order for the poor to enjoy these much-needed services. Minister, we are mindful of the fact that it has to be done within the means our country has, but all we are saying is that there must be a deliberate decision by government to save. From every fiscal year we will put aside so much for so long, until these services are enjoyed by all. The issue of how far policy interferes in regulation-making is often a matter that is debated as self-interest as opposed to what is suitable for the country.
This is a matter on which we are unfortunately not going to be able to find one another for some time to come. It is because the opposition argues this matter from a public choice theory that advocates that government cannot do anything right; leave everything to the markets.
It is no secret that we think the opposite in the ruling party: that government must play a role; it must manage our economic liberalisation, and it must intervene where it sees market failures. Coming from these two diverse outlooks it is not surprising that we in the ANC see the Minister’s role in policy-making to the extent that it is enshrined in the Bill, while opposition sees it as policy-making interfering in regulatory terrain.
To the extent that we believe it is desirable for the country, we believe we have balanced the role of the executive in licensing and radio frequency spectrum. One of the intentions of this Bill was to further consolidate an environment in which various players can compete and erode the monopoly held by a few.
To remove the old restriction of connecting between a few, the Bill imposes an obligation on those licensed to interconnect on request and further imposes an obligation on communication network service licensees to, on request, list communication facilities to those licensed. This allows new players an entry point and an opportunity to grow and later compete.
Further, in this endeavour we have laid the foundation in the Bill that access to international communication facilities, including submarine cables and satellite, should not be the exclusive domain of any one player. All this put together will create conditions that allow competition.
Broadcasting is a barometer with which we sought to measure how far independence of the regulator is reflected in the Bill. We reflected on section 85 of the Constitution, from which the executive derives its power of formulating and implementing policy; and section 92, which instructs that national legislation must establish an independent authority – in our case, Icasa.
We are satisfied in the ANC that the provisions we opted for in this Bill allow Icasa to regulate broadcasting in the public interest and ensure fairness and diversity of views represented in South African society, as is required by clause 192 of the Constitution. I thank you. [Applause.]
Ms M SMUTS: Madam Chair, this Bill is a big deal in its redrafted form. I think that it is fair to say that it is presented to the House by the DA, as much as the ANC, and our support therefore goes without saying. By the time that the parliamentary committee had redrafted and renamed it, a month ago, it had been reconceptualised to capture the potential of the communications revolution for South Africa.
It now rests on a real vision of interoperable and interconnected electronic networks over which existing and yet to be invented communication services from voice to video to data can be seamlessly carried. There will at long last be ubiquitous broadband for all when our pent-up capacity and entrepreneurship are released, not only for consumers, but also for social purposes; or there can be that broadband as soon as Telkom is tamed under this law.
It is unbelievable that Telkom is denying Internet solutions access to the SAIX network as we speak, and cutting off ADSL connections. You could say that the Telecommunications Act, soon to be repealed, was written for Telkom, whereas this law is written for South Africa.
When our government embarked on liberalisation, it chose to concentrate on infrastructure-based competition, and it’s now almost tragic to look at the time scales in the old law. Telkom’s exclusivity, as we know, was meant to end in May 2002, the SNO’s special rights were supposed to have petered out last year and a services-based operator, riding on their two networks, was supposed to have been allowed to be introduced this past year, together with a possible TNO. And all of this, hon Minister, was public switched; it’s unbelievable to think of it now, isn’t it. They were all going to be public switched services.
Infrastructure-based competition is one policy approach, another is to promote services competition actively by regulating your existing networks for access, and where appropriate use bottlenecks. Then there is a third way, which is a hybrid, under which competition and core infrastructure are promoted, but also access to facilities by service-based players.
We really only began to break out of the old mould and into the hybrid mode when the hon Minister last September activated those few little sections in the old law which allowed some service and infrastructure competition, amongst other very modest things, voice-over IP for value-added networks and self provision. But this last one was no sooner gazetted than it was verbally revoked.
Now all of that is behind us. Government does retain the right to dictate the timing for some networks, but only the big ones of national and provincial scope - not that we know, hon Minister, what the next generation networks will look like and whether they will need protection at all.
But the effect of this provision, which we don’t approve of, is, however, counter-balanced. It is counter-balanced by the services-based competition that can proliferate now that Telkom will be obliged to lease all its facilities, including the local loops and the submarine cables - that is the umbilical cord - and it must do so on nondiscriminatory terms and under conditions which can include price controls.
At the heart of this redrafted Bill sits a chapter, which strengthens the hand of the regulator in imposing ex ante procompetitive remedies on players who have been declared to have significant market power. This will only occur after markets have been defined and then analysed on the basis of economic principles.
We thought hard about this, but we are convinced that ex post competition measures are not enough in this field. For one thing, they come too late; they come after the fact when smaller players have been destroyed, as indeed many value-added network services were destroyed here.
But now it will be a whole new world for the VANS. We have explicitly removed all prohibitions. They can build infrastructure of any size below district or local municipality scope simply by registering for a class licence. That makes them electronic network service licensees. They can offer any service under the class licence for communication services. They will have the right to interconnect with other networks, and this is where the proliferation of competition is going to come from.
The little town of Knysna has led the way and has pushed the envelope. It simply put out a tender and Uninet has now built a wireless network for Knysna. The other place the infrastructure competition is going to come from is the metros. In fact, as we speak, BMI technology is hosting a big conference on digital cities in Johannesburg.
Tshwane has been building a fibre backbone, and it will now be able to openly resell capacity to a commercial operator, and here is the encouraging thing, both on the Knysna and the Pretoria model, that means prices can come down over and above the drop in costs that will result from wholesale price controls imposed on Telkom in the new regime.
My one regret is that the Bill still rides roughshod over the rights and rights of way of municipalities, and in some cases their inhabitants. Cities and towns should be able to demand compensation for access. Alternatively they should be able to select the operators to whom they offer facilities in return for just the sort of tailor-made service that they want their ratepayers to enjoy.
It will be possible to remedy this defect, however, in local government law. At the end of the day it’s only competition that can achieve the bridging of the digital divide, and we will now have it. Thank you.
Ms S C VOS: Chairperson, colleagues, a few days ago I was invited to a Halloween party and I was asked to wear something scary, as befitted the occasion, so I went as a Telkom account.
Let’s face it, since the advent of so-called managed liberalisation, our Telkom bills have become scary. I pinned my scary Telkom accounts to my party clothes and all the revellers, including Count Dracula and assorted witches and ghouls, admitted that there is nothing more scary than opening one’s post box and with trembling hands grasping one’s Telkom account.
What happened to the much-vaunted benefits to consumers of privatisation when with much fanfare the Telecommunications Act of 1996 came into force? What went wrong? I have only three minutes and the answer to that would take three hours, but now we have before us the Convergence Bill, as stated, now renamed the Electronic Communications Bill. Mercifully this Bill puts paid to the old Telecommunications Act once and for all.
To continue the Halloween theme, is this Bill a trick or a treat? Is it a trick to lull us into a false sense of complacency that things will get better or a treat that will finally open the Pandora’s box of all the delights the digital age can bring to us all? Will we hear cries of jubilation from our ICT broadcasting signal distribution and postal service sectors when the President signs this Bill into law?
For years now the IFP has raised its concerns with regard to much of the legislation that has emanated from the Department of Communications. Now this is a so-called red letter day, because the IFP fully supports this Bill and does in fact think that on the whole it could well turn out to be a treat for consumers and various industry sectors in general.
The committee has worked extraordinarily hard on this highly complex legislation and the chairman and members have effected far-reaching and important amendments for which they are to be commended. The proof of the pudding is, of course, in the eating. Often the head chef can have all the right ingredients set out in the recipe book delivered straight to the shelf of his or her kitchen. In this analogy the head chef is situated in the kitchen, which is our regulator, Icasa, and the recipe and ingredients are of course this Bill.
The recipe can be right; the ingredients can be of good quality too, but the oven temperature can be too hot or too cool to bake the creation to perfection. The chef may miscalculate the quantity of ingredients and when precisely to add what to what. The kitchen equipment may malfunction. Its power supply, in this case money, and lots of it, is going to be required by Icasa. This money may be intermittent and that too could cause problems.
Only time will tell, and in the meantime let’s live in hope for tasty sectoral treats coming our way - as this legislation intends to provide. Thank you.
The DEPUTY MINISTER OF COMMUNICATIONS: Madam Speaker, hon members, I’m sure that you all must be wondering whether it is really happening in the way that you are seeing it and hearing it today. [Interjections.] Let me give the assurance to my colleague, the Minister of Labour, that the ANC certainly leads on this matter.
The importance and relevance of the Electronic Communications Bill cannot and should not be underestimated. It is without a doubt one of the most groundbreaking pieces of legislation that sets the tone for our development as a people and as a nation. The world today is a much smaller place with the advent of satellite and information technology and the global telecommunications boom.
South Africa, in the past, has been able to regulate these various developments very ably through the legislative framework that was in existence in the Telecommunications Act, Act 103 of 2000. However, rapid technological advances have caused that piece of legislation to be slightly out of touch with current developments in the world today.
In the current context in telecommunications, reform and change are governed by our policy of managed liberalisation and the need to accelerate competition in this particular sector. In so doing we may play our role in advancing the target of our accelerated, shared growth strategy to make this sector more competitive. To reduce the prices that operate in this sector, we may reduce the costs of doing business, and in fact reduce the costs of communications for ordinary consumers in this country.
The Bill, as you have heard, sets out the legislative platform for new types of licences that will be issued. These licences will enable companies to be classified as class or infrastructure providers and those whose focus will be on the provision of services. It will enable the vertical integration of companies that will enable one service provider that would be active in the markets of voice, data and broadcasting all at once.
Technological innovations have now made it possible for the transmission of various electronic impulses via a common transportation medium, enabling the use of one super highway for different vehicles.
This Bill envisages an era when a computer will be more than just a tool for the transmission of data, but also one through which broadcasting could indeed take place, so too with the television. It envisages that the day will arrive when you will be able to utilise your television as a receiver of data and also voice. Imagine receiving a video e-mail on your television as a message from a friend as you would today so easily receive an e-mail message.
It also envisages a day when cellphones will transmit voice, data and broadcasting signals, when you will be able to watch Bafana Bafana win the 2010 World Cup on your cellular phones. These are the changes that this Bill envisages.
In essence, it is there to promote convergence in the broadcasting, signal distribution and telecommunications sector. The Bill establishes the legal framework for these innovative developments.
As indicated by the Minister, amongst the other desirable outcomes of this Bill is that it will demonstrate a more efficient management of the allocation of the radio frequency spectrum. It will stimulate greater competition by bringing on board more players. It will envisage a more dynamic and stronger role for the telecommunications and broadcasting regulator, Icasa, and it will strengthen the capacity of the Universal Service Agency of SA.
In closing, one of the most amazing features of the Bill is the substantive consensus that all parties have indicated for this. What remains for us is to open our minds to the new possibilities, to embrace the change and to make the future possible. Thank you. [Time expired.]
Mr V C GORE: Madam Deputy Chair, the success or failure of the Electronic Communications Bill will be determined by how much the second economy of South Africa is going to be influenced by this far-reaching piece of legislation. In other words, how well will modern communication services, such as television, radio, telephony and Internet be provided to the 75% of South Africans who do not have access to residential fixed lines, and the more than 99% of our population who do not have access to broadband. There is no doubt that this piece of legislation is a most welcome one, in that it completely rewrites the framework for the industry in line with technological developments and processes such as convergence. Where the Bill encourages competition, particularly in the access layer of communication services, unfortunately it does not sufficiently do so where it is really required. That is in the core network.
As a result of this there will unfortunately not be the substantial drop, that is so widely expected, and the resultant delivery of services to our second economy. If we are going to roll out fibre and wireless to rural and poor areas, alternative core networks, such as Telkom, need to be built. With the high cost of networks, in the region of R50 billion, very few investors will be able to afford this, and it will therefore be up to the Minister of Finance to create economic incentives to achieve this.
One of the first issues that needs to be resolved is the future of under- serviced areas licensees, USALs. The protection and obvious advantage of these licence holders held down by the Telecommunications Act have been all but wiped out in the new Bill. It is highly unlikely that the USALs will be able to compete in an open competitive environment, and they will therefore require substantially higher subsidisation than the current R5 million per annum that they receive from the USF.
It is imperative that the government clarifies the future of USALs and determines whether there will be universal service operators or equal competitors. Thank you, Madam.
Mr M R MOHLALOGA: Hon Chairperson, Minister and Deputy Minister, hon members, members of the industry in the gallery, my humble greetings to you. After analysing the history of technology in the late 1940s and comparing it to the patterns of development in the Industrial Revolution, Manuel Castells concluded that information technology evolves in, I quote, “a distinctively different pattern than previous technologies”. He described that pattern as an informational mode of development.
This model is flexible and pervasive, integrated and reflexive rather than additive evolution. Hence we are talking today about convergence of technologies. This advance has led to timeless time and spaceless space. The space flows and dissolves time by disordering the sequence of events and making them simultaneous. In short, due to this technological revolution, everything can happen at any time and very rapidly.
However, in a country such as ours, with two economies, the digital divide is one of the distinguishing features of our two economies – one of which has experienced this informational mode of development and has access to broadband telephony and one that has not; one that can afford the cost of telephony and one that cannot; and one that has access to information and one that has none. The underdevelopment of our second economy is not able to dissolve time, is not able to disorder the sequence of events and does not observe events simultaneously as do those that populate the first economy.
All these technological developments as well as socioeconomic challenges impose an obligation on us as policy-makers and lawmakers – an obligation to make laws that are in tandem with the development of technologies; an obligation to make laws that enable our people to have access to ICT, and that ensure ICT services are made affordable to them; and an obligation to make laws that enable our people to use ICTs in sustainable agricultural development, on-line work, on-line service delivery, on-line learning and to fight poverty.
We need policies that will provide hope for the poor segment of our population, policies that link them to the other segments of the country and the world. This Bill has to take us in that direction and it must situate the majority of our people on the information highway.
One of the issues that confronts our ICT sector is the lack of effective competition, which, in our view, will lead to lower prices and increased quality of service. In terms of this legislation, we have attempted to achieve some of these things and have taken positions that will help us in enhancing competition and reducing the cost of telephony.
An Italian writer – you love him, you hate him or, if you prefer, you even fear him – Niccolo Machiavelli, had this to say, and I quote:
There is nothing more difficult to take in hand, more perilous to conduct, or more uncertain in its success, than to take the lead in the introduction of a new order of things.
However, as the ANC, we are determined to have a competitive ICT industry, an industry that provides accessible and affordable services.
One of the barriers to entry has been the reluctance or lack of willingness on the part of incumbent operators and telecommunication carriers with large numbers of subscriptions to allow new operators to interconnect. In terms of chapter 7 of this legislation, such operators have an obligation to interconnect in a nondiscriminatory manner and in terms that are not unfavourable to the new operators.
In a situation where the authority determines that a particular market segment has ineffective competition, the authority is allowed to establish wholesale interconnection rates to be charged because if this does not happen, the tendency is to escalate the costs and those costs are passed on to the consumer who has to endure excessive costs of telecommunication.
One of the instruments allowed in terms of this legislation is carrier preselection. What this means is that a consumer who is already committed to a network of one provider can automatically access services provided by another operator through using the same phone. This, combined with number portability, which means you can use what used to be a number for a particular operator and enter into a service agreement with another operator without losing that number, will be quite useful in the competitive restructuring of our telecommunications market.
One important area, which is key to the cost of telephony and competition, is the issue of communication facility leasing to ensure efficient use of communications networks and services. In terms of chapter 8 of this Bill, operators are obliged to lease facilities and the regulator is given more powers to enforce facility leasing. The authority is given the responsibility to determine essential facilities, which could be accessed through wholesale tariffs, and the savings generated will be passed on to the consumer.
To ensure greater competition, both the Ministry and the authority are now unbundling the local loop and they are also empowered to declare aspects of the submarine cable an essential facility. There is no operator who is going to create undue barriers to access and usage of such communication facilities, because they belong to the country.
Given our growth targets of 6% and higher, the high cost of telephony will continue to have negative consequences for business, foreign investment and employment. For instance, we have lost an opportunity to create more than 500 000 jobs through the establishment of call centres precisely because of our high cost of telecommunication. Paying your monthly telephone and cellphone bill is like paying for a bond. Our telephone and cellphone tariffs must come down.
Access to broadband is a key component in reducing prices in other telecommunication market segments. New wireless technology has to be encouraged and rolled out to close the digital divide, and for new competition in the market. Municipalities should start playing a more active role in lowering the cost of telephony and closing the digital divide by deploying broadband and wireless technologies to provide services to our people. They should not be obsessed with compensation, as one member has advised. Our people cannot remain on the margins of this information mode of development.
This Bill provides us with the basis to develop a technological Marshall Plan. Let’s do it. Our people need this plan and need it most.
The HOUSE CHAIRPERSON (Ms C-S Botha): Hon member, your time has expired.
Mr M R MOHLALOGA: Thank you very much. [Applause.]
Mr S N SWART: Chairperson, the ACDP supports the innovative concepts relating to the convergence of technology as contained in this Bill, and we will support it. We would, however, like to single out a particular issue that was raised during the portfolio committee hearings, and that is the issue concerning access to pornography via cellphones. This is of extreme concern as a large proportion of children from all communities in South Africa have access to mobile technology.
The ACDP was gratified to hear that the group chief executive officer for Vodacom had indicated his readiness to take various measures to address this problem. We call on the portfolio committee to take cognisance of the recommendations of the recent conference against child pornography in this regard.
Whilst it is true that the amendments to the Films and Publications Act will begin to address the availability of pornography on the Internet, it must still be borne in mind that most cellphones provide easy access to the Internet. Parents must be alerted to the danger of children being exposed to pornography in this way.
We need, as members of Parliament, to continue to fight against children having access to pornography through cellphones. I thank you. [Time expired.]
Mr S E KHOLWANE: Madam Chairperson, members of the executive, hon members, director-general from the Department of Communications and your team, captains of the industry, ladies and gentlemen, under the previous apartheid system, most policies and legislation were promulgated with the sole objective of denying the majority of South Africans, black people in particular – including women - access to and control of South Africa’s economic productive resources. Skills development was also based purely on race and gender considerations.
A decade after the demise of this apartheid system and in spite of the promulgation of a broad range of policies and legislative instruments introduced by the new democratic government, aimed at redressing the imbalances of the past, information, communication and technology, ICT, continue to be largely inaccessible to the majority of the people, especially in the rural areas.
The advantage of this convergence Bill is that it increases the ability of innovative technology to reach out and solve previously difficult problems in the underprivileged segments of our society, and this presents us with great hope and a challenge. Our hope is that this technology can transform the lives of our people as it improves the speed with which government delivers to the public and generally empowers communities to interact with one another and the world at large.
However, our challenge is to identify technology that has the greatest potential and to facilitate the development of methods, systems and regulations, which will effectively channel these inventions into the homes of the disadvantaged at a price that is affordable to the majority of our people. We have acknowledged that ICT continues to be largely inaccessible to the majority of our people. Therefore clause 80(1) of this Bill further allows the continued existence of the Universal Service Agency, which will henceforth be called the Universal Service and Access Agency of South Africa.
In terms of the Telecommunications Act of 1996, the scope of the Universal Service Agency was limited solely to telecommunication services. This Bill now broadens the scope of the Universal Service Agency to include communication network services, communication services and broadcasting services, whilst universal service will include communication services and broadcasting services.
One of the SABC obligations is to work towards expanding the terrestrial reach of its radio and television services throughout the country. However, due to financial constraints, till today, we are told approximately 2 million people still do not have access to the SABC television footprint and radio.
During the public hearings, some organisations, including the DA, raised concerns about the contribution of the broadcasters to the Universal Service Fund. They argued that that might result in a double contribution because they were contributing to the Media Development and Diversity Agency, MDDA. However, their concerns are adequately addressed by clause 89(3) of this Bill.
Last year, when we went to KwaZulu-Natal as a portfolio committee, we discovered that most of the telecentre operations were unsustainable due to financial constraints. We are happy to highlight that this Bill, indeed, also deals with that matter adequately so that they will be able to be sustainable.
The 51st national conference of the ANC on human resource development resolved that we need to support government’s focus on development of information, communication and technology skills, and to ensure that ICT roll-out touches all public schools in the country with visible speed. We are happy to indicate that clause 73 of this Bill addresses specifically that, because schools will be able to access Internet services at the rate of 50% discount. [Applause.]
This is the most balanced Bill and it creates a conducive environment for the industry to develop. At the same time, it also advocates that consumers’ rights be upheld. It is our belief that, amongst other rights, the service providers should provide accurate information to customers or subscribers, including whatever limitations may exist in terms of coverage – particularly regarding cellphones, where the majority of our people will buy cellphones only to realise once they reach the places where they stay that there is no network.
The service providers should stop the practice of blocking a handset. We believe that every consumer or subscriber should be at liberty to choose the gadgets that they want to utilise. In terms of clause 71(1) of this Bill, a consumer advisory panel will be established to advise the authority on matters relating to consumer issues within the Republic of South Africa.
In conclusion, it is our belief, as the ANC, that this Bill will go a long way in curing the imbalances of the past created by the apartheid system in the ICT sector. The ANC support this Bill. I thank you.
Mr M T LIKOTSI: Chairperson, this Bill is aimed at making new provisions for regulation of electronic communication services, broadcasting services and granting of new licences in the country. The PAC supports the Bill as it will assist in regulating the industry.
Broadcasting is an effective way of educating and informing the nation on daily matters that affect people’s lives. The step taken by the Ministry and this House to accept licensing of local radio broadcasters in the country has improved communication between the different stakeholders and the communities.
In the past dispensation electronic media was used to promote the then ruling party, a trap this government is seen as fast moving towards. Electronic media should become independent, with less interference by the state to protect its independence. We are involved in a competition as all political parties sitting here and wish to see our electronic media being used to level the playing fields for our different messages to reach the communities. A media gag should not be institutionalised through strict regulations that may keep other parties off the field. I thank you. [Time expired.]
Mr R B BHOOLA: Chairperson, over the decades technology has brought about so many changes and developments that continue to simplify life, but some are able to keep up with these developments and some are not.
A few decades ago one would have regarded a cellphone as impossible. And, yes, today computer literacy and cellphone equipment are a necessity. What is even more amazing is that the apparatus previously individually used are now being made into one. This is the convergence we are talking about. For instance, today we have combined the fax, printer, copier and telephone, which previously stood as four separate units.
The MF supports such convergence, which clearly means a cost reduction in communications for both the private and public sector. The MF acknowledges the challenges that convergence may have for the sector. We certainly do not want any hindrance to the freedom of expression in our democracy, noting the licensing changes.
The electronic communications market appears to have some barriers as well. With every development comes challenges, and the MF is confident . . .
The HOUSE CHAIRPERSON(Ms C-S Botha): Hon member, your time has expired.
Mr R B BHOOLA: The MF supports the Bill.
Mnr R D PIETERSE: Voorsitter . . . [Tussenwerpsels.] Voorsitter, wanneer ek aan hierdie debat deelneem, dink ek aan ’n spesiale vriend van my wat aan die begin hiervan deelgeneem het, maar ongelukkig nie die pad kon voltooi nie; ’n vriend wat ek doodseker is nou glimlag wanneer hy die eindresultaat van hierdie voorgestelde wetgewing sien, my vriend Sarel Haasbroek. (Translation of Afrikaans paragraph follows.)
[Mr R D PIETERSE: Chairperson . . . [Interjections.] Chairperson, when I participate in this debate, I think of a special friend of mine who participated in the beginning, but could unfortunately not stay the course; a friend who I am quite sure is now smiling as he sees the end result of this proposed legislation, my friend Sarel Haasbroek.]
The Freedom Charter says that the people shall share in the wealth of the country. It goes further and says that the mineral wealth beneath the soil, the banks and the monopoly industries shall be transferred to the ownership of the people as a whole. Minister, we have a serious problem with the monopoly in this ICC sector, and this needs serious and urgent attention.
Agb lede, eienaarskap in hierdie sektor, telekommunikasie sowel as die uitsaaiwese, het nie vreeslik verander nie. Dis ’n geval waar die geld van die een hand na die ander versit word en nie noodwendig uit die dominante hand na die mense toe gaan nie. Hoeveel, agb Minister, vroue in die algemeen, en swart vroue spesifiek, hoeveel swart jeug en hoeveel mense met gestremdhede sit in posisies van eienaarskap of in posisies van mag? Daar is só min, ek kan net sowel sê daar is niemand nie. Vir die voorheen benadeelde groep is byna niks gedoen nie, en mens kan hulle ook die huidige benadeeldes noem. (Translation of Afrikaans paragraph follows.)
[Hon members, ownership in this sector, telecommunications as well as broadcasting, has not changed very much. It’s a matter of money changing hands, and not necessarily going from the dominant hand to the people. Hon Minister, how many women in general, and black women in particular, how many black youths and how many people with disabilities are in positions of ownership or in positions of power? There are so few, I could just as well say that there is no one. For the previously disadvantaged group next to nothing has been done, and one could also call them the presently disadvantaged.]
Further challenges are encountered with the selling and reselling of businesses and services. The spreading of false information, that the executive and even the Minister, directly, are threatening the independence of the regulator unfortunately continues, hon members. Nothing can be further from the truth than these utterances.
The Minister, and nobody else, represents us at the international level on the International Telecommunications Union, the ITU, and receives the frequency spectrum allotted to South Africa. She then has to ensure that, amongst other things, the security and the emergency services are given a portion of that spectrum allotment to ensure that they provide services to all South Africans. The Minister then leaves the rest of the allotment to Icasa, which then uses it in an independent manner, that is to control, plan, administer and manage licensing and use of the radio frequency spectrum. In the process of executing its mandate, the regulator keeps in mind the international standards and requirements of the ITU, as agreed by South Africa, as well as other criteria set by itself and/or the Minister.
The Minister plays a crucial role - and members, you must remember that the Minister is the accounting officer - in the whole process. Although the Minister represents the country at the international level, as well as on the ITU, she also represents the international fora in South Africa to ensure that agreements that are reached are properly and successfully implemented.
So Icasa must develop a national radio frequency plan, setting out, amongst other things, specific frequency bands and taking into account the radio frequency spectrum band allocated by the Minister to security forces and gives it to the Minister for approval. So Icasa develops a plan, taking into account all its responsibilities, which the Minister then approves. Such a plan must be completed within 12 months of the passing of this Bill, and then the Act comes into force.
So the Minister represents us internationally on the ITU, amongst other institutions. Icasa makes sure that everybody that applies is allocated a licence and checks whether they meet the criteria. Then they assign certain and specific radio frequencies according to the national radio plan. This is a very clear, very specific and achievable plan. However, there are those that want to spread untruths about the involvement of the Minister or the executive.
Minister, licensing is the exclusive domain of the regulator. They will give due consideration, in the prescribed manner, to all licence applications, be it class licences, licences for communication network services, broadcasting services or even communication services. I need to stress the fact that the regulator is independent and will execute its tasks and its mandate independently, free from interference.
Hon members, our policy is managed liberalisation in this sector, and the Minister must ensure that all work, including that of the regulator, is done within this policy framework. The Minister is the accounting officer, like I said. She - and she alone - has to take responsibility.
Vroeër hierdie jaar het die Internetdiensverskaffers en die toegevoegdewaardenetwerke – dis nou die mense in die rekenaar- en Internetbedryf - byna histeries geraak toe die Minister klaarheid gegee het omtrent selfvoorsiening in die telekommunikasiesektor. Wanneer ons praat van eienaarskap en wie waar besigheid doen, staan laasgenoemde twee, die Internetdiensverskaffers en die toegevoegdewaardenetwerke, nie eens in die tou nie.
Hoeveel van hulle is in die hande van vroue, van swart vroue, van die jeug, van die swart jeug, van mense met gestremdhede, die voorheen benadeeldes? Hoeveel van hierdie ondernemings is in die arm gebiede? Hoeveel van hulle is in die townships, in die arm stedelike gebiede of in die swart gebiede op die arm plattelandse dorpe?
Daarom moet ons hierdie geleenthede aangryp wanneer ons verder bevry om seker te maak dat dié ondernemings juis na die townships, die platteland en die arm gebiede toe gaan, want dit raak net onmoontlik om toegang te hê tot sulke geriewe wanneer dit nie naby ’n mens is nie. [Tussenwerpsels.]
Ons het grotendeels ’n situasie waarin ’n swart persoon agter die toonbank staan, hy ook die sogenaamde bestuurder is en die mense hoop om te sê transformasie het plaasgevind. Navorsing toon natuurlik dat meer as 85% van die Internetdiensverskaffers en die toegevoegdewaardenetwerke nog in die hande van die wittes en natuurlik wit mans is. [Tussenwerpsels.] Dit gebeur net wanneer ’n mens homself wil reguleer. (Translation of Afrikaans paragraphs follows.)
[Earlier this year the Internet service providers and the value-added networks – that is to say the people in the computer and Internet industry – almost became hysterical when the Minister gave clarity regarding self- provision in the telecommunications sector. When we speak of ownership and who does business where; the last two – the Internet service providers and the value-added networks - are not even in the queue.
How many of them are in the hands of women, of black women, of the youth, of the black youth, of people with disabilities, the previously disadvantaged? How many of these enterprises are in poor areas? How many of them are in the townships, in the poor urban areas or in the black areas in poor rural towns?
Therefore we must seize these opportunities when we liberalise further, to ensure that these enterprises do go to the townships, the rural areas and the poor areas, because it is becoming impossible to gain access to such facilities when they are not close by. [Interjections.]
We mostly have a situation where a black person is standing behind the counter, he is also the so-called manager, and people hope to say that transformation has taken place. Of course, research indicates that more than 85% of the Internet service providers and value-added networks are still in the hands of whites and, of course, white men. [Interjections.] That happens only when one wants to regulate oneself.]
Minister, as you further liberalise this sector, please make sure in the process that the question of ownership is addressed seriously. Let us make sure that the previously disadvantaged see, feel and experience a positive change. Let women in particular, in great numbers, become the owners and the shareholders in this ICT sector.
Let us empower the youth, particularly the rural youth. Let us make sure that people with disabilities are heard and given their fair share of ownership. Let us make sure that we do not lose sight of what has been achieved.
Ter afsluiting, wil ek net uit die Vryheidsmanifes herhaal dat die mense moet deel in die rykdom van die land. Die ANC steun hierdie wetsontwerp. [In conclusion, I just want to quote from the Freedom Charter that the people shall share in the wealth of the country. The ANC supports this Bill.]
The MINISTER OF COMMUNICATIONS: Madam Chair, today I’m not so sure. I wanted to say something, but hey, ngavelelwa! [surprise!] even Dene Smuts is agreeing with this Bill today. I don’t know to what we owe this, whether I owe it to the absence of Andile or the presence of Linda. But she is very right, this Bill is indeed a big deal.
I would like to say to the hon Madam Suzanne Vos, the Bill is not a trick but a treat and enjoy it because this is what this Bill is going to do. It is going to change South Africa. It must bring in the youth, because all of you are here except the youth. They are not adapted in these many little things and it is intended for them to be able to come into this industry. I heard the hon Pieterse saying: “We have concerns about ‘die platteland’ and the rural areas.” It will be our work to say we have now opened the door. Let them come in and let them do for South Africa what we perhaps are reluctant to learn and so on. It is time for the youth to come in and really take this country on a higher growth path. We certainly intend to make sure that . . .
Mnr A MLANGENI: Voorsitter, kan die Minister asseblief Afrikaans praat? Ek kan nie Engels verstaan nie. Praat asseblief Afrikaans. Ek weet sy kan Afrikaans praat! Dankie! [Gelag.]
Die MINISTER VAN KOMMUNIKASIE: Wel, ek kan vir die agb lid vertel hierdie wetsontwerp is ’n wetsontwerp wat die deure gaan oopmaak vir die jongmense. Ek en jy is te stadig met hierdie goed. Ons verstaan dit nie baie gou nie. Dit neem ons baie lank. (Translation of Afrikaans paragraphs follows.)
[Mr A MLANGENI: Chairperson, could the Minister please speak Afrikaans? I cannot understand English. Please speak Afrikaans. I know she can speak Afrikaans! Thank you! [Laughter.]
The MINISTER OF COMMUNICATIONS: Well, I can tell the hon member that this is a Bill that will open doors for the youth. You and I are too slow with these things. We do not grasp it very quickly. It takes us a very long time.]
Dene Smuts wants to know why it took me so long to get here.
Nou verstaan ek hoekom ek so lank geneem het om hier te kom, maar ons het die pad reggemaak. Daar is niks soos handevat nie. Agtien maande lank het ons almal gewerk; die bedryf aan die een kant, die parlementêre komitee aan die ander kant en almal aan hierdie kant, maar dit wys. Vandag sien ons hoe ons, as ons ons werk doen, regtig daar kan kom waarheen ons wil gaan. Hierdie is ’n wetsontwerp wat ons platteland en die stede in ons land bymekaar gaan bring. [Tussenwerpsels.] Dit sal die kinders, die jongmense en die oumense almal bymekaarbring. Dit gaan ons tale en alles op daardie Internet sit sodat ons ons geskiedenis kan skryf soos óns dit wil skryf, nie soos ander mense dit wil skryf nie. Dit is nou die tyd. (Translation of Afrikaans paragraph follows.)
[Now I understand why it took me so long to get here, but we have paved the way. There is nothing like co-operation. For 18 months all of us worked; the industry on the one hand, the parliamentary committee on the other, and everyone on this side, but it shows. Today we see how, if we do our work, we really can get to where we would like to be. This is a Bill that will unite our rural areas and cities in our country. [Interjections.] It will unite the children, the youth and the elderly. It will put our languages and everything on that Internet so that we can write our history the way we want to write it, not the way other people want to write it. Now is the time.]
Ke nako ya rona jaanong. [Now it’s our time.]
Let us make it our time. And I am glad that members support this Bill. I really thank you very much. [Applause.]
Debate concluded.
Bill read a second time.
INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA AMENDMENT BILL
(Second Reading debate)
The MINISTER OF COMMUNICATIONS: Madam Chairperson, it is not usual that one has to present two Bills in close succession. But these Bills are inextricably linked. This one is inextricably linked to the previous Bill. It speaks to what the President has termed the challenge of the second decade of our democracy: improving the capacity of the state to deliver, a challenge which in our sector also translates into addressing Icasa’s capacity to deliver.
The role of Icasa has a direct bearing on the government’s strategic priorities of achieving higher rates of investment in the economy, improving the competitiveness of our economy and the broadening of participation in the economy with special attention to the poor. Our monitoring and evaluation of our progress in this regard can only be possible if Icasa is better enabled to perform its task. This task is made wider by the inclusion of the postal regulator in Icasa, because the postal sector, especially the Post Office, is increasingly delivering electronic services to the nation.
The South African Post Office, as it becomes increasingly more connected electronically, will be the largest ICT infrastructure that the majority of South Africans can access and will therefore play a significant role in the delivery of information and other government services such as social grants and application forms. This new role and international trends make it necessary for postal services to be regulated together with the rest of the ICT sector.
In the new Bill functions of the authority are better outlined. The roles and responsibilities as well as the performance mechanisms are better clarified, thus improving the monitoring of performance of councillors both individually and collectively. The role of the chairperson has been expanded to give better leadership to the council and management, thus providing clear lines of accountability.
The Icasa Amendment Bill provides for a change in the appointment procedure of the councillors. Although this Bill does not meet the intent of Cabinet to separate the role of the executive and that of the legislature, the changes in the appointment of the council allow for a better process that is clearer. It also facilitates more focus on the requirements of the regulator.
The funding of Icasa has been a sore point for many of us for some time. The method of funding the regulator from licence fees, which was preferred by both Icasa and industry, presented us with difficulties. It created conditions of vulnerability for the regulator since it would be funded directly by the industry that it is supervising.
However, recognising the increased responsibilities that the Electronic Communications Bill places on Icasa and the additional resources, both financial and human, required to carry out its work, the Bill provides for a mechanism to better address this challenge through consultation with the Minister of Finance. In recognition of the importance of the work of Icasa and a Cabinet Lekgotla decision to strengthen the sector regulators, the increase of Icasa’s funding is already receiving favourable consideration.
We wish to thank the councillors for their hard work, and trust that this Bill will make it easier for them to play their part more meaningfully in taking our country to greater heights. To our industry, which has been very active throughout this process, we extend our appreciation, particularly given the short time in which they have had to respond to the issues related to this Bill.
The portfolio committee and its chairperson, hon Lekgoro, deserve our special thanks for the rigorous, professional and enthusiastic analysis as well as the attention paid to the detail of both the Convergence Bill and the Icasa Amendment Bill. And I would like to thank the many, many people who worked through the night to be able to get this Bill ready for us to be able to debate it today. I thank you, Madam Chair. [Applause.]
Mr G G OLIPHANT: Madam Chairperson, hon members, Ministers and Deputy Ministers, the Independent Communications Authority of South Africa was established in terms of the ICASA Act of 2000, following the merger of the Independent Broadcasting Authority – the IBA – and the South African Telecommunications Regulatory Authority – SATRA. Its objective was to regulate broadcasting and telecommunications in the public interest and to ensure a fair diversity of views broadly representing South African society.
Today, we are debating an amending Bill that is an enriched product of public participation and extensive debate within the portfolio committee process. We wish to take this opportunity to thank everyone and all stakeholders who have contributed towards the finalisation of this Bill and the Convergence Bill, now called the Electronic Communications Bill.
In the past five years, ICASA was able to continue the fundamental transformation of the broadcasting sector from an apartheid, monopolistic state machinery to a prosperous, competitive and increasingly black-owned and controlled sector. Let us take this opportunity to thank the founding chairperson of ICASA, Mr Mandla Langa, and his team for their enormous contribution and to welcome the new chairperson, Mr Paris Mashile, and his team to take forward the baton of transformation in this vibrant sector.
The Department of Communications is an important centre for policy-making and policy-review in the postal, telecommunications and broadcasting sector in the country. Its strategic role and contribution towards the growth of the sector cannot be over-emphasised.
The support and continued presence of the Director-General of the Department of Communications, Ms Lyndall Shope-Mafole, and her team during the portfolio committee meetings over the last four months need to be commended. They were real pillars of strength to the committee.
We are pleased to report that the independent role of ICASA will be greatly enhanced and further strengthened by improved funding provisions appropriated by Parliament and a new provision for additional funding to be approved by Cabinet. In addition, the Bill provides for the establishment of the Complaints and Compliance Committee with an inspectorate to deal with issues of non-compliance much more effectively and to contribute towards the improvement of efficiency of the authority in general.
Where necessary, the authority will be able to employ the services of as many experts as may be needed within the country. In the event that services of non-citizens are needed, the Bill provides that approval of the Minister must be sought, which, we think, will not be unreasonably denied. After all, the sovereignty of state is the jurisdiction and prerogative of government.
Following the passing of this Bill, the postal regulator will be incorporated into the authority with staff conditions not less favourable than what they enjoyed before their envisaged transfer. The number of councillors will also be increased from the current seven to nine councillors. All prospective councillors will be expected to enter into a performance agreement and be subjected to an evaluation by a panel to be constituted for that purpose every year.
Finally, a selection panel of capable persons will be appointed to process interviews of prospective councillors and make recommendations accordingly. My colleagues will elaborate further on these matters. Suffice it to say that some of the prospective interviewees have complained that a process that was conducted by Parliament in an open manner was a bit insensitive, because we were asking very difficult questions that they had to answer in public, hence this other method. This is much more a method of interview processing rather than a principle.
The growth of the ICT sector depends on infrastructure development coupled with progressive policy, legislation and regulation as well as political commitment. I can confirm that the ANC government has all these requirements in place.
South Africa is at a critical phase of migration from an Analog to a Digital era and we cannot squander this golden opportunity. We are expected to double our efforts in the ICT sector in order to improve service delivery in particular and to bridge the digital divide in our society. With the Convergence Bill, now the Electronic Communications Bill, concluded we can only expect exciting prospects ahead.
I also want to take this opportunity to acknowledge and recognise the role of the chairperson of the portfolio committee who has steered this ship so masterfully for the past four months to where we are today. ``Captain’’ Lekgoro, our fearful trip is done. I thank you, Madam Chairperson.
Ms M SMUTS: Madam Chair, the form in which this Bill was tabled constituted an undisguised takeover of the regulator by the executive. It was that simple. The NA was unceremoniously stripped of its powers of selection for and removal from office. The hon Minister took these unto herself. And just to make the executive intent quite clear, the ``I’’ was taken out of Icasa. Independence became electronic. [Laughter.] The DA sounded the alarm as soon as the Bill was published: this is unconstitutional and unacceptable. The DA tabled a counter proposal, which introduced a panel of experts, not into the Ministerial mechanism, but into the parliamentary process. The DA drove the compromise that has restored the independent status of the regulator.
It is because the ANC MPs – my colleagues in the committee – applied their own minds against departmental arguments and against State Law advice, that this was possible, and that the NA will still determine the choice of Icasa councillors and their ultimate removal, even though the hon Minister now has a role in both processes, which we dislike.
We will support this Bill because it does meet the legal tests for the independence of that body and because we drove the compromise that saves the selection processes from outright government interference and in acknowledgement of the role that MPs played. I acknowledge my ANC colleagues.
The Minister has a conflict of interest as a major shareholder of the two big telecommunications authorities and the sole shareholder of the dominant broadcaster. It is this close relationship that really caused all the trouble in telecommunications, and arguably at the SABC, through the board over these past few years. We therefore now make a further proposal to the Cabinet.
We suggest that the Cabinet should now specifically transfer the shareholder management function from the Department of Communications to the Department of Public Enterprises, where it belongs, because it leaves the Department of Communications with the enormous job of policy-making. This was clear from the attempts by the department during the legislative process to overturn the declared positions of all MPs - something I have not seen in more than 15 years in Parliament – when MPs had clearly expressed themselves in favour of redrafting the Bill to achieve a different departmental goal.
Now, that experience tells me that the instincts for control, certainly from the side of the department, are unabated, notwithstanding the improvements that their compromise has wrought. The contrast is that that instinct is still there. Some of the observers nicknamed Icasa ``Ivy’s Communications Authority of South Africa’’, hon Minister. And I don’t like to hear that.
I will repeat here what I said to a senior official in the committee: you cannot run the regulator and you do not write the law. The MPs write the law. This House votes the law. And that is what we have done. But to me it sounded like a warning signal: that the department tried to overturn the express views of the ANC as well as the DA MPs on the removal of the provision, for example, on the change to the name of the regulator.
I am very happy to record that Parliament has asserted its rights and powers against those attempts and like my colleague, hon Godfrey Oliphant, I pay respects to a very wise chairman. I am very happy to record that we have met the tests developed by the courts for independent bodies, including the Chapter 9 institutions. I suggest that the burden on the Ministry will be lifted if the shareholder function is transferred to the Department of Enterprises.
I will pay the executive one acknowledgement: it signalled its own readiness to compromise when I expressed agreement with its central argument, that we were not getting the best regulators under the present selection process. [Time expired.] [Applause.]
Ms S C VOS: Chairperson and colleagues, when this Bill was first tabled the IFP did not like it one little bit and, as you have heard, neither did the DA – and the same applied to many others. We were not alone. Icasa didn’t like it either, and neither did the industry heavyweights. Submissions that highlighted serious concerns arrived by the lorry load.
To start off with, the first draft, as you have heard, took away the title ‘independent’ from the name of the regulator. What were we to think about that? It placed the function of selecting Icasa councillors with the executive.
Parliament, in this regard, as you have heard, was stripped of its current role of advertising for, short listing and interviewing candidates to be approved by this House. What were we to think about that? It was all too ghastly, and to make matters worse the Bill was integral to the Convergence Bill, as it was then known.
Today, yet again Minister, is a good news day, because Icasa retains its name and, we hope, the independence it should have. Of course, time will tell. You have heard the warnings from the hon Dene Smuts with regard to our concerns about you being a shareholder and a player at the same time.
The committee, the department and its new director-general, Icasa and industry players in general have worked hard and substantial changes have been effected to this Bill that we in the IFP can now live with and support.
Obviously we cannot say much in two minutes, but we do not think that the Bill is perfect and we can only hope that the objective of the Bill to strengthen the regulator is effected quickly and constructively so as to enable Icasa to get on with its stated job of changing the communications landscape in our country.
The DEPUTY MINISTER OF COMMUNICATIONS: Chairperson and hon members, the Independent Communications Authority of South Africa Amendment Bill has certainly arisen out of the Electronic Communications Bill. Because of the wide-ranging implications of the latter, the Bill amends some definitions and inserts new definitions while determining, in far greater detail, the functions of the regulator.
As you have heard, it consolidates certain powers and duties of that body and provides for inquiries. It amends the procedure for the appointment and removal of councillors and regulates the financing of the institution. It further provides for the establishment of a formal complaints organ, the appointment of inspectors, the creation of new offences and penalties, the incorporation of the postal regulator and all matters connected thereto.
This Bill highlights the importance of and the need for an independent and proactive regulator and will ensure equity in the communications and ICT fields. As with all of our work, it will also promote the wellbeing of the marginalised and disadvantaged and ensure independence from political, commercial and civil interference in the decision-making processes of the regulator.
Provision is made in section 192 of Chapter 9 of the Constitution that national legislation must establish an independent authority to regulate broadcasting in the public interest, and to ensure fairness and a diversity of views broadly representing South African society. The proposed legislation, crafted as it is, gives expression to this particular principle.
However, I must say that in the arguments that have emerged in the debates around this particular issue, there is a great tendency, particularly amongst opposition members, to confuse the provisions of Chapter 9 of the Constitution. There is a tendency to equate the broadcasting authority with the kind of independence that is envisaged in the designated institutions in Chapter 9. This, in my opinion, leads to the kind of confusion that gives rise to the charge that the legislation or the proposed draft intends to undermine the independence of the regulatory authority.
There is no doubt in my mind that this calls for greater constitutional integrity and possibly for some kind of proper indication of the actual authority of the broadcasting authority that is envisaged in Chapter 9.
There is also the need for patriotic fervour in all aspects of our life and this Bill charges the regulator with the task of instilling and deepening this sense of patriotism. From the children in the rural areas that will soon have access to Internet technology or even telephones for that matter to the chief executive officers of national and multi-national companies, a new sense of understanding, excitement and hope must course through their veins as a direct result of the work carried out by all of us in this particular sector.
As indicated earlier, the Electronic Communications Bill is designed to form an essential link between the first and second economies. The Independent Communications Authority of South Africa Amendment Bill, however, is the one largely responsible for implementing this strategy and ensuring there is sufficient scope for and development as well as having socio-economic benefits for all our people and not just a few in this country.
The key here is to ensure that we have an effective programme to establish digital inclusion in this country. For far too long large numbers of our people have been cut off from accessing modern technologies. The Bill envisages that the regulator will play its role to bring about tangible benefits and results built for the grassroots as well as for people in boardrooms.
It is indeed pleasing, despite some of the comments that have been made, that this Bill enjoys the support of all the members of the political parties in this House, who realise the critical role that the regulator has to play in the developments unfolding in the telecommunications sector.
I want to take this opportunity to express appreciation for the collective manner in which the leadership in the department has exercised its responsibilities in crafting and bringing this Bill to Parliament. It has worked very diligently to advance both this Bill and the Electronic Communications Bill. In particular I would like to express my appreciation for the leadership and guidance of the Minister, Madam Ivy Matsepe- Casaburri, with whom I enjoyed a long-standing comradeship in the days when we were activists in the education field.
I would also like to take this opportunity to express our appreciation for the diligent work undertaken by members of the portfolio committee who on more than two occasions during the deliberations burnt the midnight oil. I am sure South Africa is proud of your efforts. [Time expired.] [Applause.]
Mr V C GORE: Chairperson, the regulation of the broadcasting sector is clearly and unambiguously enshrined in our wonderful Constitution. Over the years, these clauses in the Constitution have come under attack from various sources and have been successfully defended.
This current Bill has once again indicated the importance of Parliament and particularly the portfolio committee in protecting the independence of regulation of the authority. Although the compromise reached is not ideal in establishing arm’s-length appointments of councillors to the council of Icasa, it does avoid a constitutional challenge in the future.
Apart from this issue, the ID is extremely optimistic about the other clauses in the Bill and how it will be able to realise the great potential that exists within the convergent environments of telecommunications and broadcasting. In addition, we are extremely encouraged by the inclusion of the regulation of postal services within Icasa and hope that this will eliminate confusion and uncertainty that has existed in the sector for many years.
However, the ID would like to caution that the success or failure of any regulator, and in particular in the case of Icasa, depends on available resources which are allocated to it. The ICT and postal services are extremely complicated with many influences, both from government and industry stakeholders. It is essential that if the regulator is to succeed it must play an integral part in developing and nurturing these industries.
Attention needs to be given to available financing, capacity and human resources. Without sufficient capacity and resources, and with over- bureaucratisation, Icasa would develop into a lame duck and would be unable to service the industry with grave consequences for our economy as well.
Mr S N SWART: Chairperson, the ACDP shared concerns that the Bill, as it was then drafted, took the power of selecting Icasa councillors out of the hands of Parliament and placed it in the hands of the executive. This, undoubtedly, would have compromised the independence of Icasa and would have allowed the Minister to pick and choose candidates most favourable to the government. Clearly, this would have been unconstitutional. We are therefore pleased that a compromise arrangement has been agreed on and commend the majority party and the official opposition and other parties in this regard. The current procedure for selecting councillors will remain, with the National Assembly making recommendations to the Minister. Should she disagree with the recommendation she would be constrained to refer the matter back to Parliament. This procedure, we believe, will ensure that the Bill passes constitutional muster. Additional funding will also assist in ensuring the independence of the regulator. The ACDP will support this Bill.
Mrs L E YENGENI: Hon Chair, this year is the 50th anniversary of a very important product in the creation of a cross-section of the people of South Africa, the Freedom Charter. The first clause of the Freedom Charter pronounces eloquently that ``the people shall govern’’.
This is exactly what we have done in this Bill. The selection and appointment of Icasa councillors will be a product of a cross-section of the South African population. How is it going to be done?
The council will consist of a chairperson and eight councillors. The National Assembly will appoint an independent and impartial panel, as reflected in this Bill. The names and terms of reference of these people on this panel shall be published by the Minister by notice in the Gazette.
How is the panel going to operate? The public must be invited to nominate candidates for appointment to the council in a newspaper circulating nationally, within a period prescribed in the Bill. The panel should submit a list of suitable candidates, at least one and a half times the number of councillors to be appointed.
The Minister will recommend and motivate for his or her choice of candidates from a list to serve in the council. If the National Assembly is not satisfied with his or her recommended candidates, it will ask the Minister, or rather, it will request the Minister, to reconsider his or her decision. It will only be after the National Assembly has approved his or her recommendation that he or she will be able to appoint the chair and councillors.
The task of that panel will come to an end, and it will be dissolved when the publishing of names has been done. When the chairperson of the council is absent, they should appoint an acting chair in writing, but in a situation where the chair could not appoint one, they may elect an acting chair, as prescribed by law.
The preamble of the Freedom Charter declares, and I quote:
South Africa belongs to all who live in it, black and white, and no government can justly claim authority unless it is based on the will of the people.
This quote is in line with what we are attempting to achieve through this Bill by introducing the performance management system. This system seeks to ensure that councillors are performing their operations in line with the mandate of the politicians to assist government to create jobs and alleviate poverty through the granting of licences in favour of historically disadvantaged people, but also and more importantly, to ensure that everything is done in an accountable manner.
Icasa’s independence starts and ends with the running of its daily operations. It is accountable to Parliament. It is crucial for Parliament and the committee to ensure that Icasa carries out its mandate timeously and correctly. That does not do away with its independence.
How is this system going to work? The Minister will establish it. This will be for the purpose of monitoring and evaluating both councillors and the chairperson.
There should be key performance indicators to measure performance. There should be a procedure to measure and review performance at least once a year. After the appointment of a councillor, a performance agreement must be concluded between the chairperson and the Minister and between the councillors and the chairperson.
The Minister shall constitute a panel to evaluate the chair and the chair will do likewise to evaluate the councillors. A councillor may at any time tender his or her written resignation to the Minister, at least three months in advance. The ANC supports the Bill.
Mr M T LIKOTSI: Chairperson, the PAC supports the amending Bill as tabled before us.
South Africa has a developing democracy that must be deepened and strengthened to serve the citizens of this country in excellence. Broadcasting and electronic communication are a tool by which this country may command the respect of other countries in Africa and globally. It is through communication that this country may be marketed to improve its image and for quick economic growth.
The amendment to the Act will assist in giving clear directives of powers and functions of the communications authority. It will further assist in appointing credible persons as councillors in the authority.
Icasa, as the representative of the people on communication, must devise strategies to make our communication system competitive in the industry when compared to other countries in the world. I thank you.
Ms S RAJBALLY: Communication is what keeps all relationships going. It is the backbone to getting a message or sending a message, be it private, public, business, government or personal. The success of all relations relies on a good communication system. We all know the havoc that can be played and caused by miscommunication.
The MF supports the efficient and effective management of Icasa to ensure efficient cross-communication, both domestically and internationally, be it postal, over the airwaves, telephonically and so on. The MF seeks a well- established system that will deliver superbly on the communication needs of the South African people.
In terms of the amending Bill, the MF notes the collection of provisions that appears to be very conclusive in ensuring sustainable communication in South Africa. We are pleased that the Bill gives a more detailed provision of the functions of the authority.
We accept the substitution of the authority as the postal regulator, and support the monitoring role it will have over the sector. The MF finds the establishment of the complaint and compliance committee as valuable information to ensure sustainable communication. [Time expired.] We support the Bill.
Mr K M KHUMALO: Thank you, Chairperson. Hon members, Ministers, Deputy Ministers, the industry, today is a very important day for all of us because these two Bills are quite critical, as we move into the wireless, broadband, Wi-fi, Wi-Max, so that our society moves more quickly.
The power of ICASA as a regulator responsible for issuing licences to radio, television, broadcasting, telecommunication network services and everybody else, is not to be questioned. It is very clear that as the ANC government, we have supported that, we have created that, and we have made sure that it will operate in a fair and transparent manner. It is also to ensure that the consumer is protected at all times in terms of pricing and also to manage and monitor the spectrum.
The amending Bill seeks to strengthen and empower ICASA, so that it can achieve its mandate. It can promote universal access and also service to all people. Some of you might be aware that those who are using mobile network operator cellphones in some of our rural areas or villages, need to go to a hilltop or mountain or climb a tree to get a network. That must come to an end. ICASA must have inspectors that will be able to go down there and talk to network operators, talk to everybody, to say universal access and service must be for all people.
Secondly, in terms of broadcasting, it is important for the inspectors who will be appointed to make sure that people do not have to move about in their dining rooms or living rooms, looking for a signal in the house. So that whilst we do this, we achieve universal access and service, and everybody will be served properly so that when we arrive in 2010 and any other period, everybody will be covered.
As regards illegal connections and illegal operation of television and radios, the inspectors will have to deal with those types of issues as they are established. The Bill also proposes the establishment of a Complaints and Compliance Committee. The Complaints and Compliance Committee will deal with all complaints that are received from the general public. In 2003- 2004, according to the ICASA annual report, they received between 15 and 20 reports on a monthly basis.
Out of all those reports that they received, most dealt with issues of blasphemy, defamation, hate speech, pornography, advertising and mismanagement. The Complaints and Compliance Committee, as proposed by the Bill, will then address those types of issues so that the basic human principles of everybody are protected in this Bill.
As government and Parliament we have a responsibility to secure basic human rights and uphold high moral standards. We also have a duty to protect our children from pornography, as was indicated by one member who said that the current applications used in cellphone gadgets allow people to load a lot of bad pornographic messages onto a cellphone. As the law and ICASA, we need to be empowered. ICASA needs to be empowered to make sure that they protect our children from these types of influences.
The Complaints and Compliance Committee, as proposed by ICASA, will refer some of the problems that they receive to the Broadcasting Complaints Commission of South Africa. During that period of 2003-2004, as ICASA dealt with those types of problems, most of them were dealt with in terms of broadcasting and what we call asymmetrical satellite IDSN. Those are the issues that we are dealing with in terms of how we approach these issues.
Those are the two problems that are related to pricing and also in terms of systems. These experts were supposed to be appointed by ICASA. We are saying that, in terms of the Bill, ICASA will have an opportunity to appoint experts that will help them to roll out infrastructure and all the services that are needed in the country in order to make sure that the two issues that we are dealing with, in terms of service and access, are covered.
I just want to indicate to this House that the South African government and ICASA, as a regulator, realise that as regards important global standards and norms that are required by many of the regulators in terms of the International Telecommunications Union, there are three issues that are important in terms of how we deal with matters pertaining to moving with technology. One of them is the issue of universal access. Everybody, from the four corners of this country, must be covered by all the network operators, and by every one of the broadcasters.
The second is the issue of closing the digital divide, the rural areas and the urban areas, making sure that ICT rolls out so that service delivery goes well for everyone. The last point is the issue of access in terms of affordability - whether our people are able to afford the prices, whether they are too high. It is very important for us to adhere to these important standards.
Fundamental to the proposals on the amending Bill is the issue of penalties and offences. We are saying that those who are operating illegally and those who do not want to move according to the terms and conditions of their licences, must be penalised, and they must be heavily fined. Some of them will have to face imprisonment, especially those who contravene the Constitution of this country.
Those are the provisions that are covered in terms of penalties and offences. The penalties and offences will empower ICASA to deal adequately with issues of non-compliance, misconduct and contravention of licence conditions. This will help them to make sure that when we start to roll out these services they reach everybody.
It is also important to note that there is this issue that relates to whether the Bill does not take the independence of ICASA into consideration. I just want to say that this is not true. Even if we come with a different method it would not affect the issue of the powers of ICASA.
Section 192 of the Constitution makes it very clear that any independent institution must adhere to particular standards. One of them is security of tenure. It is now five years for ICASA councillors. Secondly, there is the issue of financial independence. ICASA’s finances . . . [Time expired.][Applause.]
The MINISTER OF COMMUNICATIONS: Once again, Chairperson, I would like to thank the members for their support for this Bill, but this is an indication, again, of what people who have worked together, can achieve. I would like to say to those who had their misgivings about the intentions of the executive, namely that this was intended as an undisguised takeover, that nothing could be further from the truth.
In reality, what we wanted to do as an executive - and not only this particular department and this particular organisation called ICASA - was to say that we need to look at ourselves, every department, to see how we can ensure that we have a separation of the functions of the legislative, the judiciary and the executive. I am quite prepared to go and raise the shareholder issue with Cabinet. We have been looking at ways that we can actually make sure that where we have shareholders, for example, they could be in one place, and so on. The question was: How would the very organisations that have to work under us with three or four bosses manage? It is not something that we had not thought about.
Certainly, the independence of ICASA is something that we have always said was important to us, because those decisions have to be made separately from the executive. Therefore, the intention was certainly not to take rights away. But a great deal of what has been said about where the independence is to be entrenched is really a focus on the broadcasting content, not the technologies as such. It is the content that was really being preserved, particularly by the Constitution.
The question now is: With the kind of technologies that we have, to what extent, really, does this section of the Constitution protect us? The last speaker was talking about racism, blasphemy, sexism and pornography in our broadcasting. How do we protect against that? I think we ought to, because these are matters that really do affect this House and do affect our people outside.
How do we achieve that through this particular Bill?
The appointment of councillors in an office is not necessarily going to protect that. That was our concern, as to how we should go about doing this.
We agree with hon Gore about trying to make sure that the resources for ICASA are there, and we will do what we can in this regard. I think we are in agreement with the parliamentary committee and Parliament that we need to ensure that this organisation has the resources to be able to do this work. We certainly will put our shoulders to the wheel to do that.
Accountability has been inserted into the Bill, particularly because we felt that within ICASA members should be able to monitor themselves, be accountable and also be accountable to this House. The process of doing this should be clearly defined.
Regarding all the other matters that members raised, I would like to say that we have noted them. I would also like to say thank you for the support for this Bill. Thank you very much. [Applause.]
Debate concluded. Bill read a second time.
CONSIDERATION OF REPORT OF CONSTITUTIONAL REVIEW COMMITTEE
Dr E A SCHOEMAN: Hon Chair, hon members, the Constitutional Review Committee was established in terms of Rule 97 of the Joint Rules of Parliament in accordance with the constitutional imperative, as contained in section 45(c) of the Constitution.
The inclusion of this instruction during the final drafting of the Constitution was apparently motivated by two important factors, namely: Firstly, there was a certain apprehension that because of the dateline set for the adoption of the Constitution, some crucial provisions might have been overlooked or might warrant redrafting. Accordingly, the Joint Constitutional Review Committee, in its original format, was large, with a strong representation from the executive. The committee, however, soon found that the drafters of the present Constitution had largely succeeded in their task and that very few amendments were required. This diminished the necessity for a continual internal scrutiny and evaluation process, which was a compelling reason for the scaling down of the committee to its present size of 23 members.
Secondly, the drafters of our present Constitution, in their wisdom, also identified the necessity of maintaining our Constitution as a living document within our democracy of the people. Although the Constitution should not be amended without sound reason, it is also not cast in stone and should be a subject that continues public debate.
As a consequence, and in accordance with Joint Rule 102, the Constitutional Review Committee embarks upon an annual process of reviewing the Constitution. During the month of May each year, advertisements are placed, inviting comments and inputs from the public at large. Both the printed and electronic media are utilised for this purpose. This year, a total of 17 submissions was received, which addressed 21 identifiable issues. The substance of the submissions, the issues raised and the view of the committee will be addressed by other members participating in this afternoon’s debate.
Allow me, however, to make a few cursory remarks on some of the submissions. Without attempting to place a damper on those individuals or organisations who went to the trouble of making submissions, it does seem that we have the so-called hardy annuals. Amongst these are those who favour the reintroduction of the death penalty, the abolition of the right to abortion, the abolition of property rights, the animal rights issue, etc. The Royal Bafokeng obviously feels strongly about the traditional system and their perception of true democracy. They have raised their views at various forums.
These issues are all extremely emotional, and as a committee, we respect the fact that individuals, groups and organisations have strong feelings regarding this. The converse must also be recognised, namely that extremely strong and emotional views exist amongst those supporting the status quo. Fundamental principles of policy are often at stake. Many of these issues impact on the very core of the Bill of Rights in Chapter 2 of the Constitution.
It would seem that, in many instances, the submitters have also not anticipated the consequential implications of the amendment to the Constitution which they are requesting. Some of the issues which were addressed were also perceived by the committee to be adequately protected by the Constitution or could preferably be encapsulated in normal legislation.
I wish to express the committee’s appreciation to all who made submissions during the 2005 review period. The committee found all the submissions to be thought-provoking and, in many instances, they gave rise to interesting debates.
The intensity of the discussions can also be attributed to the legal opinion which was obtained from the Parliamentary legal services office headed by Dr Palmer. When approached to assist the committee with the necessary legal expertise, Dr Palmer did not hesitate to make his legal team available to evaluate and disseminate the respective submissions. The time and effort spent, as well as the quality of the various opinions, are much appreciated. Allow me also to address a special word of thanks to Advocate Gordon, who assisted with the drafting of the final report.
The committee also experienced the contribution by Professor Julien Hoffman, regarding the issue of amending section 192 of the Constitution to provide for the inclusion of telecommunications and that the Broadcasting Authority be included in section 181, as extremely stimulating.
Maybe it is significant that the Electronic Communications Bill was debated in this honourable Chamber this afternoon. It’s obvious that the rapid advances in technology are creating different imperatives to which our Constitution will have to be sensitive. We appreciate his input.
Submissions received during the current period of review indicate interests covering a wide spectrum of our people. These ranged from contributions by traditional entities, academics, professional persons in the legal, religious and medical fraternity, retired individuals and learners from secondary schools. This seems to indicate an ongoing interest in and discussion of the constitutional issues within our community. The question, however, remains as to how this type of discussion can be maintained and re- invigorated.
Die leerders en leerkragte van die Hoërskool Hendrik Verwoerd het vir ’n navolgenswaardige voorbeeld gesorg met hulle bydrae voor die komitee. Miskien kan meer skole, soos ek glo met hulle die geval was, dit ’n klasprojek maak. Jaarliks kan sekere gedeeltes van die Grondwet geïdentifiseer en bestudeer word. Dit kan verder lei tot ’n stimulerende debat in die klas of selfs in die skool se debatsvereniging. Daarná kan daar, soos hier, met voorstelle na die komitee gekom word. (Translation of Afrikaans paragraph follows.)
[The learners and educators of Hendrik Verwoerd High School set an example worth following with their contribution before the committee. Maybe more schools can, as I am sure was the situation in their case, make this a class project. Every year certain sections of the Constitution can be identified and discussed. This could furthermore lead to a stimulating debate in class or even in the school’s debating society. Afterwards, as was done here, suggestions can be made to the committee.]
The challenge of this committee is to stimulate public debate and engender public participation within financial, time and logistical constraints. As a committee, we intend to address these issues during the ensuing year.
In conclusion, I would also like to thank the members of the committee, who attended our meetings regularly, for their constructive inputs. Joint committees experience particular constraints owing to the respective programmes of the National Assembly and National Council of Provinces. For the effective functioning of joint committees, this aspect needs serious consideration.
May we, as the freely elected public representatives, be ever mindful that we adopted our Constitution to heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights. May the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law, improve the quality of lives of all citizens and free the potential of each person and build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.
It’s an honour for me to support the adoption of the 2005 Constitutional Review Report as tabled. Thank you. [Applause.]
Mrs S M CAMERER: Chairperson, in all the years that I have been on the Constitutional Review Committee I think that this year’s review exercise has been the most comprehensive and thorough process I have experienced. Of particular interest were the detailed and interesting legal opinions furnished by Parliament’s legal services office, led by Dr Palmer, on each of the issues raised by members of the public who made submissions. You could say that this year the public really got their money’s worth, and I would like to commend our chair, the hon Manie Schoeman, and the legal advisers on this tremendous effort.
The 17 submissions received also included, as the chairperson said, some hardy annuals such as requests for reinstating the death penalty, limitations on the right to an abortion, and the question of including animal rights in our Bill of Human Rights. As usual, also, there were requests for additional powers for traditional leaders and submissions for and against property rights. However, submissions also included some interesting new items, which I will refer to shortly. One or two of the submissions were most undesirable, such as one that proposed the suspension of the independence of our judiciary. Many others could be catered for, or actually have been catered for, by changes to legislation rather than the Constitution, and the proposers of these changes will be notified as such. One thing this year has in common, though, with previous years is that we as a committee do not in this report recommend any changes to the Constitution.
However, two proposed constitutional changes need some further attention. The first issue is whether or not protection of animals requires further intervention. Our Bill of Rights, as I said, is a Bill of Human Rights. However, in terms of section 24 of the Bill of Rights, everyone has the right to have the environment protected for the benefit of future and present generations through reasonable legislative and other measures that, inter alia, promote conservation.
Now, the committee does not support the inclusion of positive rights for animals in our Bill of Rights. However, the question was raised in the committee as to whether this section 24, together with existing legislation, affords sufficient protection to our wildlife and other animals. And, in a very useful and interesting legal opinion from Adv Gordon and a briefing document giving a comparative overview of constitutional and legislative protection for animals, internationally compiled with the assistance of Mr Tom Schumann of the parliamentary library, the committee’s attention was drawn to the fact that some constitutions internationally have begun to include provisions which expressly provide for the protection of animals. For example, in 1992 the Swiss included in their constitution an express obligation on the federal government to preserve fish, game and birds, and to pass legislation regulating the keeping and use of animals. And, in 2002, the German constitution was amended to specifically bring protection of animals within the ambit of the constitution.
It’s for this reason that the committee has recommended that the submissions we received on protection of animal rights should be referred to the portfolio committee and select committee dealing with the environment for comment on whether our existing legislation is adequate to protect our animals, including our wildlife. The DA believes that it’s important that we do this reassessment.
The other interesting new aspect in the submissions was whether it was necessary to amend section 192 of the Constitution to make provision for the inclusion of a specific reference to telecommunications, particularly in view of the new Convergence Bill that covers the merging of broadcasting and telecommunications, which we have been debating in this House today. Section 192 deals with the establishment of an independent authority to regulate broadcasting in the public interest, but is silent about telecommunications. Of course, 10 years ago when these provisions of our Constitution were being drafted, there was no such situation or convergence between broadcasting and telecommunications.
After hearing some expert evidence and after extensive debate in the committee, I believe, wisely, we concluded that we needed further input from experts in government and Parliament, namely the department and the Portfolio Committee on Communications. Our recommendation is that they be requested to make further presentations to our committee. The DA has pleasure in supporting this report. Thank you. [Applause.]
Mrs S A SEATON: Chairperson, hon members, the IFP would like to commence by congratulating the chairperson of the Constitutional Review Committee on his excellent chairing of this committee over the past year.
The committee is a strange committee in that its precise mandate, especially in relation to other committees processing constitutional amendments and in relation to the executive, which proposes amendments to Parliament, is a little ambiguous. This has historically resulted in the expression of concerns regarding the utility of the committee and whether it serves any real purpose.
We are pleased to acknowledge that the Constitutional Review Committee has indeed adopted a professional approach towards its work and has, as a consequence, produced a report that reflects this approach. We are particularly pleased that certain matters have been referred to the relevant line-function departments for consideration, and we look forward to engaging with them on the appropriateness or otherwise of the submissions.
The report would therefore, under normal circumstances, receive our unqualified support and, indeed, we are in agreement with the vast majority of its contents and recommendations. However, there is one area in which, in our view, the committee’s recommendations do not accord with the views of the IFP. This is in respect of the desirability of amending the Constitution to better accommodate concerns regarding the institution of traditional leadership.
In particular, we believe the submission of the Royal Bafokeng nation warrants greater consideration than is reflected in the committee’s report. It may well be true, as is indicated in the report, that any constitutional recognition of the validity of the argument in favour of changes to Chapter 12, “would require a drastic deviation from current policies”. Indeed, this is so, and we would welcome such a deviation.
As is well known, the IFP has been consistent since the days of Codesa right through the drafting of both the interim and the final Constitutions, as well as in the negotiations between the Coalition of Traditional Leaders and the Presidency in 1999 and 2000, on the need to amend Chapter 12 of the Constitution. To the IFP, this remains a highly desirable goal, and for this reason we cannot support the adoption of the Constitutional Review Committee report by the House.
Mrs M A A NJOBE: Chairperson, hon members, by its very nature the ANC is a democratic organisation. Since 1994 when it took over power the ANC has ensured that this democratic character is infused into the governance of this country, hence one of the founding provisions in the 1996 Constitution adopted, as we all know, under ANC rule, states that the Republic of South Africa is a democratic state.
The Constitution which governs governance in this country is itself a product of a long process of participatory democracy. During the period of constitution-making, the general public was afforded an opportunity to make inputs into what later was to be described as one of the most progressive constitutions in the world.
The constitution-making in 1995, under the directive of the Constitutional Assembly, was characterised by extensive involvement and broad participation of the general public throughout the country. Public assemblies, or imbizos, which were very popular and well attended, afforded ordinary citizens the opportunity to express themselves openly on issues they wanted the Constitution to address. Indeed, at that time the people spoke, feeding into the deliberations of the Constitution that was simultaneously taking place in Parliament.
For purposes of dealing with the Constitution, Parliament constituted itself into the Constitutional Assembly, the procedures of which were guided by strict democratic principles, for example, every single member of the National Assembly and the then Senate was allocated to at least one committee. Each committee dealt with a specific theme, which themes were later to constitute the chapters of the Constitution, as we know them today.
I participated, for example, in theme committee four, which dealt with the Bill of Rights. There could not have been a better structuring to enable every member, regardless of party affiliation, to exercise his or her democratic right to shape the supreme law of the country. Theme committees received and considered submissions made by all sectors of society, including all kinds of NGOs, CBOs, religious, cultural and political groups, business organisations, trade unions, professionals, women and youth organisations, individuals, etc.
All these people literally descended on Parliament to make sure that their views were heard and recorded. The end product of this hive of democratic activity was what we today know as South Africa’s first democratic Constitution, adopted in 1996. No wonder all South Africans identify with it. It is, indeed, a proudly South African product.
As if this was not enough, section 45(1)(c) was included. The chairperson has already alluded to this point, not because the Constitution was thought to be inadequate, or fraught with unconstitutional sections or clauses, but the annual review by a joint committee would provide a mechanism to allow society to periodically check and ensure that the democratic path the country has chosen to follow remains clear and free of any obstacles.
This is what the report of the committee today is about. The chairperson of the committee has already explained the process followed in ensuring that each submission received thorough consideration by the committee, also making use of professional legal advice. Throughout our proceedings, the committee was conscious of the fact that it was dealing with the supreme law of the country, while at the same time recognising the importance of public participation and ensuring that the people do indeed govern.
The fact that for all these 17 submissions that were made the committee found that no amendments to the Constitution were necessary does not mean that the concerns of the public were ignored, but what it indicates is that, basing ourselves on the 17 submissions made, the Constitution of South Africa has passed the test with flying colours so far.
I say so, because we found that either the section submitted for amendment already contains provisions to address the concerns, or, in some cases, legislation addressing the concerns submitted is already in place. Take, for example, the case that was quoted here by the hon Camerer, which proposes that the Constitution be amended to include protection of animal rights, and that government be obliged to take reasonable steps to ensure protection of the environment and animals. The committee noted that although the Bill of Rights deals with human rights only, and does not include animal rights, section 24(b) could take care of this concern through legislation, rather than an amendment.
Another example is the submission that section 27(1)(a) be amended to exclude abortions, except only in certain cases, like rape or where the foetus is badly deformed. The committee is convinced that this would contradict the Bill of Rights, and impact negatively on the fundamental rights of women. We all know that our Constitution is nonsexist in character, and does not discriminate against certain groups of women.
It was also submitted that section 28 of the Constitution, dealing with children’s rights, be amended to include, among other concerns, that a child should not be subjected to any cultural, ethnic, social or religious practices or acts, but the committee noted that in spite of the fact that section 28(1) details the rights of the child adequately, section 28(2) embodies any other rights of the child which may not have been listed in section 28(1). It states:
A child’s best interests are of paramount importance in every matter concerning the child.
So, section 28 also passes the test.
For some submissions, such as the need for the provision of old age homes, the committee felt that these do not warrant constitutional amendments, but that they may be referred to the relevant departments, in this case the Department of Social Development.
In conclusion, the committee is committed to ensuring that the public takes an even greater interest in the annual review of the Constitution, and believes that this can be achieved, among other activities, through awareness programmes. However, we are aware that this may have implications for the committee’s budget, but we do hope that Parliament will not hesitate to oblige and assist the committee, so that we are able to empower the people of this country to continue to govern. Indeed, the people do continue to govern, as is stated in the Freedom Charter: The people shall govern. [Applause.]
Mr S N SWART: Chairperson, the ACDP, earlier this year, commended the Minister of Home Affairs for appealing to the Constitutional Co urt against the ruling of the Supreme Court of Appeal on the issue of same-sex marriages. The government was joined by various religious groups, including the Marriage Alliance, which consists of some 70 denominations representing some 18 million citizens.
The ACDP, earlier this year, challenged the Minister by stating that if government was serious in its opposition to same-sex marriages, it should consider amending the national Constitution in order to constitutionally protect marriage as being between a man and a woman. The Marriage Alliance made several proposals to the Constitutional Review Committee, the most important of which relates to the inclusion of a definition of marriage as being between a male and a female.
Whilst we appreciate that the Constitutional Court has still to decide on the matter, if the Supreme Court of Appeal’s decision is anything to go by, there is a strong possibility that the Constitutional Court will uphold same-sex marriages. A constitutional amendment entrenched in the definition of marriage would have ended the debate once and for all, and would have given substance to the government’s intervention in the Constitutional Court.
The decision not to amend the Constitution flies in the face of the government intervention through the court. It is significant that the state’s legal adviser, whilst not agreeing to the proposed amendment, conceded in his opinion that the motivation by the Marriage Alliance, and I quote, “ . . . does have significant value as a research basis for a policy decision on whether the definition of marriage should be changed …”.
In view of the overwhelming support for the protection of marriage as well as the government’s intervention, we cannot understand why the Marriage Alliance’s proposals were not accepted. Surely, the voice of some 18 million citizens should not be ignored.
We are also on record as being opposed to abortion. It is disgraceful that the committee is prepared to consider the protection of animal rights whilst not wishing to protect unborn babies from abortion. The ACDP can, consequently, not support the report as tabled. I thank you.
Mr M T LIKOTSI: Chairman, section 45(1) of our Constitution dictates to Parliament that it should establish a joint committee to review the Constitution at least annually. In its report of 28 October this year, the Constitutional Review Committee reported that it had placed advertisements in the media calling for submissions from the public concerning proposed changes to the Constitution. Only 17 submissions were received nationally from members of the public.
The PAC feels that this committee should improve on its consultation strategy, as it appears that the message was not well received by the public. Our country has the highest rate of illiteracy and it is therefore incumbent on whoever advertised that information to align it with this situation.
In principle, the PAC wishes to accept the committee’s report for consideration by this House. Regarding substantive issues on the submissions of the public, we wish to propose to the committee that, where necessary, persons who make submissions should be called in to elaborate further on their case.
The HOUSE CHAIRPERSON (Mr G Q M Doidge): Order! Hon members, we appeal to you to lower the level of noise.
Ms S RAJBALLY: Chairperson, the MF supports the input and acknowledges the tasks that have been done well by the review committee regarding the subject. We are confident that all avenues explored in coming to the best decision on issues regarding the principles and basis of our democracy intended, as a guide, to achieve the best solution for our system.
In terms of the amendment concerning property, the MF agrees with the committee’s suggestion not to amend section 25, and to allow property tax to be amended through normal legislation. As for sections 211 and 212, regarding traditional leaders, we are also satisfied and find no need for amendment. Similarly, there is no need for amendments to the equality and limitation clauses, and the definition of marriage can be made in normal legislation. The position that there is no need for amendment regarding prisoners and accused is also supported.
What needs to be realised is that though the Constitution governs as supreme and contains the values and fundamentals of our democracy, it also has power over legislation and policies that govern our people, based on the fundamental principle of this democracy. The MF is therefore of the opinion that the committee is quite correct in its submission that many of our amendments can be made in normal legislation. What has to be maintained, however, is that all such amendments must be in compliance with the values and principles of the Constitution so that they are constitutional, and that no ambiguities or contradictory provisions may be made.
The MF supports the recommendations made by the committee and finds it’s fundamental to maintain the structure of the Constitution . . .
The HOUSE CHAIRPERSON (Mr G Q M Doidge) Order! Hon member, your time has expired.
Ms S RAJBALLY: Thank you very much, Chairperson.
Mr S SIMMONS: Chair, due to time constraints, I will comment only on the four submissions that propose that section 39 of the Constitution should contain additional interpretation guidelines. This submission cuts through the essence of our established practice of allowing judges to have almost a free hand when interpreting legislation.
After thoroughly studying the submission and the commission’s report, the UPSA is not convinced that the committee has adequately considered the specific wording used in the submission. I specifically refer to the word “guidelines” as used in the submission and the committee’s use of the word “principles”.
It is clear that the committee did not consider the huge lexicological difference between the two words. The submission requested “guidelines” and not, as put by the committee, “rigid principles”. This mistake by the committee emphasises the problem of legal interpretation. The UPSA is of the opinion that general guidelines would eradicate any uncertainty as to what the intention of the legislature was regarding this particular section. Also, we believe that such guidelines would bring about greater consistency in the area of judgments of the courts and therefore greater legal certainty. I thank you.
Mr L M GREEN: Chairperson, I believe that future debates on the report of the constitutional committee should be more substantive and more in-depth, because I think one or two-minute debates will not do justice to the reports.
My time doesn’t allow me to respond to 17 issues, but let me respond to only one. With reference to point 6 on the subject of marriage, the committee reported that, and I quote, “separate submissions were received for the inclusion of a definition of marriage in the Constitution”.
The FD can understand why the average South African is concerned about the definition of marriage. It is because the traditional and common law definition of marriage, and I quote, “the union of one man and one woman, to the exclusion of others” is under attack.
Our Parliament and Constitutional Review Committee might not be willing today to bring clarity to the definition of marriage, but sooner or later we and all other parliaments will have to bring finality to this debate. The Canadian parliament had this to say on the definition of marriage, and I quote, “parliament is also clear on the definition of marriage as being the union of one man and one woman”. Recently, an overwhelming majority of Canadian MPs passed the following motion, and I quote:
That in the opinion of this House it is necessary, in light of public debate around recent court decisions, to state that marriage is and should remain the union of one man and one woman to the exclusion of all others; and that parliament will take all necessary steps within the jurisdiction of the parliament of Canada to preserve the definition of marriage in Canada.
The FD believes that it could bring legal certainty to have the definition of marriage entrenched in our Constitution. There have been several unsuccessful legal challenges in our courts to amend the traditional definition of marriage. If marriage is defined in our Constitution like it is defined in the Canadian model, it would bring the clarity needed by our courts. I thank you, Chairperson.
Mr T M MASUTHA: Hon Chairperson, hon members, today we are engaged in a debate to consider a report that is more significant than it appears. A discussion on our Constitution, indeed, is a significant one, as the Constitution is the supreme law of our country upon which all other laws are hinged.
Even though, as has already been stated by most of my colleagues, the recommendations of this report that is before us, by and large, do not support the submissions made or received from members of the public, it is important, however, to highlight that the matters to which those submissions speak are matters of significance. Therefore the committee did not, in any way, take lightly the substance of what was contained in those submissions.
However, it is equally important for us to bear in mind that the Constitution is a document that should not be reviewed as a matter of first resort, but that only in extreme situations where the only option would be to revisit or review the Constitution should we entertain amendments to the Constitution.
The principles enshrined in our Constitution create a fundamental framework which does not only give structure and context to the Constitution itself, but is definitive of the kind of state and nature of democratic dispensation upon which our society is premised.
It is pleasing that although many of the submissions pertain to fundamental rights contained in the Bill of Rights, amongst other areas of importance in the Constitution, they fundamentally do not seek to propose a comprehensive overhaul of the Constitution as such. This is significant in that it affirms the assertion that our Constitution is indeed one of the most solid amongst many that exist in the world. Indeed, our Constitution serves as an example of the kind of democratic state and democratic dispensation that is the envy of many other democracies in the world.
However, it is important to refer to some of the specific issues that have been raised in the submissions. Allow me to focus especially on the area of socioeconomic rights and specifically the area of social development, perhaps, because, as a Whip of that committee, I have an inclination towards issues in that sphere. One of the proposals relates to section 28 of the Constitution, namely the clause dealing with children’s rights. The proposal is that additional rights be provided to enhance the protection that is afforded children in that clause.
Let me start by saying that children, as a category and a group amongst the most vulnerable in our society, constitute the only category that enjoys special attention in the Bill of Rights in that a clause is dedicated exclusively to their rights. It is therefore important to realise that the rights of children in the Bill of Rights have been elevated in a special way to give recognition to the significance of placing greater emphasis on the principle of putting children first. We believe that the clause is comprehensive enough to address the many issues that were proposed for inclusion in the constitutional amendments that were put forward.
In particular, there is an overarching right that states that in all matters affecting children, their best interests take precedence. We think that that principle serves as a catchall, which will ensure that if there is any doubt on any specific matter affecting children, their rights will always take precedence.
On the other hand, regarding the question of the rights of older persons to be admitted to old age homes or the creation of old age homes for them, the committee felt, correctly so, that currently there is legislation before Parliament, namely the Older Persons Bill, which seeks to deal comprehensively not only with the provision of accommodation for older persons but all other matters pertaining to older persons, including the protection of older persons from abuse, be it in the family or home situation or in institutions commonly known as old age homes. It further goes on to provide for a range of services for older persons that are designed to ensure that they enjoy a fulfilling life in their twilight years.
There are other matters to which colleagues have already alluded that need not be repeated. The question of animal rights, however, is a matter which I want to amplify further by alluding to the fact that, as members may well be aware, currently, in common law, animals are included in the law governing the protection of property. So, in a way, currently in our law, there are certain rights that can be extended to animals under property law.
Further, in terms of our Constitution and the Bill of Rights, as colleagues have already mentioned, we have the provisions that deal with environmental rights which we believe, as a committee, provide a comprehensive framework within which animal rights can be protected. Unless compelling arguments are put forward that these provisions or measures are not adequate to safeguard animals in our society, we do not think that, at this stage, it is necessary to review the Constitution, specifically to introduce a new category which in any case would not go with the flow of the existing framework of the Bill of Rights which deals with human rights.
We feel that the equality clause in the Bill of Rights is quite comprehensive. Looking at the various constitutional judgments that have already provided substance and form to those particular rights, sufficient content and structure have been given to that right. And we believe that, by and large, those decisions have amplified the right and that there is no need for us to do anything further, beyond what the courts have done. However, if there are compelling situations and practical examples in which gaps have been identified, regarding the adequacy of protection, certainly, in future, the committee will consider those.
I think that, by and large, my colleagues have dealt with most of the issues in the report. So I do not wish to waste the time of hon members on such a long day as today. I think that I will rest my case there. Thank you very much. [Applause.] Debate concluded.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move:
That the report be adopted. Motion agreed to (Inkatha Freedom Party, African Christian Democratic Party, United Party of South Africa and Federation of Democrats dissenting).
Report accordingly adopted.
The House adjourned at 17:23. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Introduction of Bill
(1) The Minister of Transport
On request of the Minister the following Bill was introduced by the
Select Committee on Public Services in the National Council of
Provinces:
i) National Land Transport Transition Amendment Bill [B 38 –
2005] (National Council of Provinces – sec 76) [Bill and prior
notice of its introduction published in Government Gazette No
28186 of 31 October 2005.]
Introduction and referral to the Select Committee on Public
Services of the National Council of Provinces, as well as referral
to the Joint Tagging Mechanism (JTM) for classification in terms
of Joint Rule 160, on 4 November 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.
National Assembly
The Speaker
- Messages from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council
Bills passed by National Assembly on 3 November 2005 and transmitted
for concurrence:
i) Independent Communications Authority of South Africa Amendment
Bill [B 32B – 2005] (National Assembly – sec 75).
The Bill has been referred to the Select Committee on Labour and
Public Enterprises.
ii) Electronic Communications Bill [B 9B – 2005] (National Assembly –
sec 75) (introduced as Convergence Bill [B 9 – 2005]).
The Bill has been referred to the Select Committee on Labour and
Public Enterprises.
TABLINGS
National Assembly and National Council of Provinces
-
The Minister for Agriculture and Land Affairs
a) Report and Financial Statements of the South African Veterinary Council for 2004-2005, including the Report of the Independent Auditors on the Financial Statements for 2004-2005.
COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Justice and Constitutional Development on the Constitution Twelfth Amendment Bill [B 33-2005] (National Assembly – sec 74), dated 02 November 2005:
The Portfolio Committee on Justice and Constitutional Development, having considered the subject matter of the Constitution Twelfth Amendment Bill [B 33-2005] (National Assembly – sec 74), referred to it and classified by the Joint Tagging Mechanism as a section 74 Bill, endorses the classification of the Bill and reports the Bill with amendments [B 33A-2005].
-
Report of the Portfolio Committee on Trade and Industry on Additional Protocol to the Trade, Development and Cooperation Agreement (TDCA) between the Republic of South Africa and the European Community (EC) and its member states, dated 2 November 2005:
The Portfolio Committee on Trade and Industry, having considered the request for approval by Parliament of the Additional Protocol to the Trade, Development and Cooperation Agreement (TDCA) between the Republic of South Africa and the European Community (EC) and its member states, referred to it, recommends that the House, in terms of section 231(2) of the Constitution, approve the said Protocol.
Request to be considered.
-
Report of the Portfolio Committee on Water Affairs and Forestry on Oversight Visit to KwaZulu-Natal and Mpumalanga, 31 July – 5 August 2005, Northern Cape and Eastern Cape, 14 – 19 August 2005:
-
Acknowledgements
The Portfolio Committee on Water Affairs and Forestry would like to acknowledge the officials from the KwaZulu-Natal, Mpumalanga, Northern and Eastern Cape Provinces for their support, openness and knowledge base during this oversight visit. This support assisted the Members of Parliament of the Portfolio Committee on Water Affairs and Forestry, in systematically and in a structured manner to undertake the important function of oversight as defined in the Constitution of the Republic of South Africa.
The Honourable Members of Parliament representing the Portfolio Committee of Water Affairs and Forestry on its Oversight Visit included:
KwaZulu-Natal: Ms C C September (Chairperson) (ANC), Ms P Bhengu (ANC), Ms M M Gumede (ANC), Mr J Kati (ANC), Mr V Mabuyakhulu (ANC), Mr B G Mosala (ANC) and Mr P H K Ditshetelo (UCDP).
Mpumalanga: Mr J D Arendse (Leader of Delegation) (ANC), Ms E Lishivha (ANC), Ms S M Maine (ANC), Ms M N S Manana (ANC), Mr D K Maluleke (DA), Mr M W Sibuyana (IFP) and Ms S N Sigcau (UDM).
Northern Cape: Ms C C September (Chairperson) (ANC), Ms M M Gumede (ANC), Ms E Lishivha (ANC), Mr V Mabuyakhulu (ANC), Mr I D Mogase (ANC), Mr B G Mosala (ANC), Mr D K Maluleke (DA), and Mr S Simmons (NNP).
Eastern Cape: Ms M N S Manana (Leader of Delegation) (ANC), Mr J Kati (ANC), Mr P Mathebe (ANC), Mr M W Sibuyana (IFP), and Ms S N Sigcau (UDM).
-
Municipalities Visited
-
The following municipalities in the following provinces were visited:
-
KwaZulu-Natal • Ilembe District Municipality • Umkhanyakhude District Municipality • Big Five False Bay Local Municipality • Umhlabuyalingana Local Municipality • Zululand District Municipality • Umzinvati District Municipality
- Mpumalanga • Mbombela Local Municipality • Nkomazi Local Municipality • Gert Sibande District Municipality • J S Moroka Local Municipality • Emakhazeni Local Municipality
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Northern Cape • Frances Baard District Municipality • Kgalagadi District Municipality • Tsantsabane Local Municipality • Sol Plaatjie Local Municipality • Khara Hais Local Municipality • Kai Garib Local Municipality
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Eastern Cape • Ngqushwa Local Municipality • Chris Hani District Municipality • Lukanji Local Municipality • Or Tambo District Municipality • Engcobo Local Municipality
- Introduction
In executing its mandate to its commitment to effective oversight, the Portfolio Committee on Water Affairs and Forestry undertook oversight visits, in August 2005, to gauge the level of integrated service delivery to areas designated as presidential nodes in the KwaZulu-Natal, Northern Cape, Mpumalanga and Eastern Cape Provinces.
The specific objectives of the oversight visit were the following:
• To note the shifts in service delivery since the Department of Water
Affairs and Forestry evolved from an implementor to a regulator of
water, sanitation and forestry issues. The shifting roles and
functions for the delivery of basic services to local and district
municipalities, more recently, reflect a greater financial
responsibility to municipalities with the granting of the equitable
shares, Municipal Infrastructure Grant (MIG) and conditional grants.
• To assess the manner in which local, district, water service
authorities and providers address core issues such as the water
supply, water resources management, water and sanitation backlogs in
respective areas.
• To ascertain the extent to which national government policies,
legislation and standards of the Department of Water Affairs and
Forestry are being implemented through the devolution of functions to
local and district municipalities, to assist with development in some
of the most deprived areas. In this instance, the oversight role was
to focus extensively on the delivery of basic services, such as water
and sanitation in keeping with the targets of 2008 and 2010.
• To note the manner in which the principle of cooperative governance
within the 3 spheres of government, work toward devising programmes to
attend to the most critical development needs, geographically defined,
to prioritise and focus the redistribution of resources from the top,
to where they are most needed.
• To examine the extent to which provinces tasked with the development
of Provincial Growth and Development Strategies/Plans and municipal
Integrated Development Plans (IDPs), implement the proposals in the
IDPs. This, as well as ascertaining the level of Water Services
Development Plans (WSDPs), must be based on action by the
municipalities as well as provincial and national departments, develop
strategies to provide an interpretation and response to service
delivery in respective provinces.
• To investigate water and sanitation services delivery, water resources
management and sustainable forests management. 2. Functions of Water and Sanitation
The functions of water and sanitation are particularly important for several reasons. Firstly, these are major revenue-generating functions for many municipalities. Secondly, they are highly complex functions since they combine infrastructure design and provision, natural resource management, operations and maintenance, credit control and community awareness issues (for example, health, hygiene, and infrastructure maintenance). Making effective policy decisions for water and sanitation is a challenging task for any municipality.
The Department of Water Affairs and Forestry proposed that the ‘Water Services Authority’ (WSA) function be distinguished from the ‘Water Services Provider’ function. The former refers to policy-making, guidance and oversight. The latter refers to the actual operations of water and sanitation systems. In many parts of the country, District Municipalities have been designed as Water Service Authorities, with Local Municipalities (or non-state agencies) functioning as Water Service Providers.[1]
- General Findings
The general findings, of these visits reflected the following:
• Generally, the IDPs are a municipality-owned and driven process.
However, in some instances, the IDPs have not been sufficiently
strategic as the conditions such as insufficient skills, lack of
control over resources of provincial and national departments pose
certain constraints to service delivery.
• Many IDPs are rather generic, and insufficiently focused on the unique
advantages of a particular location.
• In some instances, the national directive of providing 6KL of free
basic water to the communities was not adhered to.
• Municipalities often complained about limited funding and asked for
increased funds to fulfil the mandate of attaining the 2008 and 2010
targets.
• Intersectoral collaboration and partnerships regarding
responsibilities and resources in many places are split amongst many
role-players and therefore the benefits of service delivery are not
seen within the communities.
• In particular, in some areas, the delegation noted no access to clean
and safe sanitation.
• Varying programmes within the sanitation rollout pose disparities in
service delivery.
• Certain municipalities have been able to go beyond 6 free kilolitres
of water and offer up to 10 free kilolitres of water.
• Maintenance and operations plans are mostly absent.
• In some instances, integrated plans between education, housing and
health remain a challenge in the provision of water and sanitation.
• There is insufficient research undertaken to provide appropriate water
and sanitation options to specific communities.
• Services, mainly sanitation does not take into consideration the
impact of women and the physically challenged.
Despite the political will to devolve the management of water resources to the local level, numerous challenges are forcing the state to play the role of initiator, facilitator, referee and regulator, in the meantime. Some of the reviewed challenges in this shift encompass the following:
• In spite of some progress, there continues to be serious backlogs in
service provision in many Municipalities. Most Municipalities are not
even service providers of water. In other Municipalities, there are
still problems with the installation of functioning water meters; thus
casting serious doubts about claims that free basic services are being
provided.
• In some instances, it is unclear how indigent policies or registers
are administered or how often these are updated. Many Municipalities
continue to encounter difficulties in updating their indigent
registers; often the onus is left on individual community members to
come to Municipalities to provide the necessary information when their
status or circumstances have changed. There is no profiling within
Municipalities, of what constitute indigents, to determine the socio-
economic status of communities to better inform decision-making or
needs analysis to provide better and quality services to those who are
in need.
• Metropolitan areas display relatively well-developed infrastructure,
for water and sanitation service delivery, as most properties are
metered and have water borne sanitation. However, outside the
metropolitan areas, and particularly in informal settlements and
farms, households continue to use the Ventilated Pit Latrines (VIPs)
and a number still use the bucket system. Most are not metered. In
many instances, families are faced with having no sanitation
facilities at all.
• In his 2005 State of the Nation Address, the President, stated that
the capacity within Municipalities and Local Government needs to be
developed for them to deliver appropriate services to the people of
South Africa. Capacity is a pre-condition for a proper functioning
local government and in order for Municipalities to discharge their
constitutional and legislative mandates of quality and sustainable
service delivery. Capacity is more than training. Capacity includes
institutional capacity, management capacity, skills development,
financial capacity, etc. Although there continues to be some form of
capacity building programmes and assistance received by
Municipalities, this is not necessarily focused or targeted to meet
the specific needs of Municipalities. Many Municipalities are
experiencing difficulties related to capacity or lack thereof. Some
Municipalities are encountering capacity problems relating to human
resources, project management and financial management, in particular.
• In spite of claims by many Municipalities that their Integrated
Development Plans (IDPs) are linked to their budgets, there are
reports that refute this and shows that in many Municipalities, there
is, in fact, a lack of funds to implement IDP projects. It appears
that Municipalities sometimes use funds to maintain infrastructure and
not to implement IDP projects, for instance. This also highlights a
need for greater alignment of IDPs with Provincial Growth and
Development Strategies, which will streamline funding and allow
greater co-ordination of projects.
• In many instances, the lack of skills for specific tasks poses a huge
challenge.
Meetings and site visits undertaken by the Portfolio Committee
- KwaZulu-Natal
4.1 Department of Water Affairs and Forestry
A provincial overview by the officials of the Department of Water Affairs on the status of water and sanitation provision reflected the following:
• The Province’s 14 Water Services Authorities (WSAs) are responsible
for ensuring access to sustainable services.
• The local government sources of National funds for water services are
the Municipal Infrastructure Grant (MIG) and equitable share
allocations. The Water Services component of the MIG allocation is
based on a 52% guideline, and the water and sanitation split is
estimated at 73% and 27% respectively (73% and 27% of 52%).
In providing detailed statistical information on service provision to the number of people in KwaZulu-Natal, Table 1 below provides demographic information for the Province, and Table 2 details the population that does not have access to a basic level of service. In both tables, the DWAF figure is based on the 2001 census information and updated to take into account services delivered through MIG, Department of Housing and DWAF funded programmes. The Water Services Authorities provided the Local Government figure during an information reconciliation process undertaken in December 2004.
Table 1: Total number of people and households in KZN |WSA Name |Total |Total Households|Total |Total | | |Population |(DWAF) |Population |Households | | |(DWAF) | |(LG) |(LG) | |Ugu DM | | | | | | |758,534 |170,188 |669,853 |143,437 | |Umgungundlovu | | | | | |DM |399,134 |96,436 |414,740 |100,665 | |Uthukela DM | | | | | | |718,326 |154,741 |656,964 |134,900 | |Umzinyathi DM | | | | | | |489,308 |101,337 |456,468 |93,157 | |Amajuba DM | | | | | | |145,502 |28,780 |176,883 |34,819 | |Zululand | | | | | | |871,807 |164,806 |943,715 |165,564 | |Umkhanyakude DM| | | | | | |621,186 |115,446 |494,131 |89,842 | |Uthungulu DM | | | | | | |638,169 |117,076 |596,781 |104,358 | |llembe DM | | | | | | |597,152 |134,589 |559,482 |120,319 | |Sisonke DM | | | | | | |329,808 |83,735 |408,414 |98,890 | |Ethekwini | | | | | | |3,346,733 |894,717 |3,100,000 |717,381 | |Msunduzi LM | | | | | | |591,484 |146,362 |530,510 |130,990 | |Newcastle LM | | | | | | |362,640 |81,355 |364,956 |80,564 | |Umhlathuze LM | | | | | | |329,562 |80,291 |279,729 |70,458 | |Total | | | | | | |10,199,345 |2,369,859 |9,652,626 |2,0085,345 |
Table 2: Number of people and households without access to basic water services |WSA Name |Total |Total Households|Total |Total | | |Population |(DWAF) |Population |Households | | |(DWAF) | |(LG) |(LG) | |Ugu DM | | | | | | |364,966 |260,389 |268,353 |405,594 | |Umgungundlovu | | | | | |DM |87,444 |170,223 |132,740 |215,913 | |Uthukela DM | | | | | | |264,170 |274,715 |249,129 |368,921 | |Umzinyathi DM | | | | | | |222,001 |174,968 |327,328 |361,683 | |Amajuba DM | | | | | | |76,521 |94,396 |97,074 |142,037 | |Zululand | | | | | | |230,178 |302,132 |643,336 |476,338 | |Umkhanyakude DM| | | | | | |284,903 |355,147 |261,931 |388,895 | |Uthungulu DM | | | | | | |234,468 |413,949 |383,922 |465,903 | |King Shaka DM | | | | | | |228,550 |297,770 |262,703 |329,752 | |DC43DM | | | | | | |84,715 |159,001 |272,252 |259,808 | |Ethekwini | | | | | | |360,642 |673,269 |321,124 |805,901 | |Msunduzi LM | | | | | | |112,715 |198,107 |32,198 |327,583 | |Newcastle LM | | | | | | |86,494 |51,015 |50,356 |117,321 | |Umhlathuze LM | | | | | | |36,302 |118,148 |38,363 |51,336 | |Total | | | | | | |2,673,069 |3,543,229 |3,340,809 |4,716,985 |
4.1.1 Challenges
The most significant challenges to ensuring sustainable water service provision in KZN include the following:
Financial constraints
The cost to eradicate the backlog in KwaZulu-Natal is estimated at R3.2 billion. With the current (2005/06) MIG allocation of approximately R400m for water, it will allegedly take 8 years (2012/2013) to eradicate the water backlog in the province. If the MIG water allocation is increased by 10% per annum, this target can allegedly be achieved two years earlier (2010/2011).
Dispersed consumers and difficult topography
A number of the easier to supply areas have been served and the more dispersed and isolated dwellings still require services. These areas require infrastructural assistance to enhance service delivery. Where dwellers are 400m apart, a basic water supply will require that full pressure tap be supplied to each dwelling.
Operation and maintenance resources
Most municipalities have insufficient resources to operate and maintain infrastructure. The provision of new infrastructure and inadequate maintenance to existing schemes can result in services failing and therefore increasing the backlog.
Local government capacity constraints
Some municipalities have capacity problems when it comes to planning, approving and implementing capital projects. Cognisance and due care must be given to the time required to plan the implementation and long-term operation and maintenance of the scheme.
Lack of funds for bulk supply and higher levels of services
Some areas require regional bulk projects that required large capital investments. Better usage of the Municipal Infrastructure Grant (MIG) is required.
Higher levels of service funding
Many municipalities have problems topping up the MIG to provide higher levels of service.
Inadequate water resource planning
Scheme failures due to failure of the water resource must be prevented through thorough planning and water feasibility investigations.
4.1.2 General Recommendations
It is therefore recommended that:
• More assistance on the WSDPs plans are required.
• Municipalities need to rethink the information, in terms of resources
required, in the IDPs.
• Flexibility should be applied in the application of policies;
particularly in difficult topography areas and where settlement
patterns are disperse.
• The WSAs long-term decisions regarding water service provider
arrangement must be finalised and suitable contractual arrangement put
in place. Water Service Provider business plans should be prepared
and regulation of WSP must be addressed.
• Support to be provided by Department of Water Affairs and Forestry
(DWAF), the South African Local Government Association and Department
of Traditional and Local Government Affairs (DTLGA) for adequate water
services and water resources planning not covered by project specific
feasibility investigation.
- Ugu District Municipality
The demographics of the district remain unchanged as a noticeable pattern of uneven development prevails. On the one hand, there is a noticeable rural-urban divide, coupled with high levels of poverty in rural areas. In the 2003/04 IDP review process, communities have reaffirmed their priority needs, as encapsulated in the Ugu IDP 2002. While community priorities vary across different segments, ranking of priority needs in the district as a whole has seen ‘access to basic services’ as a top priority. It has also been noted that poverty and job creation have also been expressed as issues that need to be addressed urgently. The district has a significant number of people living below the minimum wage level. This means that the district has to budget on an annual basis for indigent support to alleviate the plight of needy residents.
The status quo of water and sanitation services for the district municipality showed that in 2002, there was a 40% backlog for water and a 60% for sanitation. Of the 2005/06 MIG allocation of R95 million, 20% was allocated to sanitation and 60% for water. The remaining 20% of these funds would be utilised for community facilities.
All municipalities submitted their 2002 IDP’s and their 2003 Reviews. The Member of the Executive Council (MEC) noted substantial improvements to the original IDP document. The municipalities have begun working on their 2005/06 Review to refine elements and to further facilitate compliance with the Municipal Systems Act.
In terms of the Local Economic Development (LED, the unemployment rate is estimated at 23%. More than 80% of the households earn less than R1 600 a month. The securing of funding for LED strategies remains a challenge.
It is therefore recommended that:
• A strengthening of the indigent support register was needed.
• A concerted effort was needed to accelerate the delivery of water and
sanitation programme through considering whether the area was to be
declared a disaster area.
• Long-term strategies were needed to minimise the impact of drought.
• There was a need to reduce debt, water loss and maintenance costs.
- Zululand District Municipality
The ZDM is situated in northern KwaZulu-Natal (KZN). It covers an area of 14,808 km2 and is divided into five local municipalities (LMs), namely eDumbe (KZ261), uPhongolo (KZ262), Abaqulusi (KZ263), Nongoma (KZ265), and Ulundi (KZ266). The area has recently transferred Wards 16 and 18 from Ulundi LM to uMzinyathi DM. The district is predominantly rural with commercial farmland interspersed by protected areas, towns, and dense to scattered rural settlements within traditional authority areas. The majority of these rural settlements are small, making service delivery to these remote areas extremely costly. The ZDM comprises 1,022 settlements divided into 15 urban areas, 64 dense settlements, 290 villages, 547 scattered settlements and 106 farm settlements.
The ZDM is legally obliged to provide the consumers within their area of jurisdiction with access to basic water services. Basic services, or minimum supply standards, have been defined by National Government through a regulation, and it is to these national standards that the ZDM is planning on alleviating the water services backlogs. Basic water supply is 25l per capita per day, or 6kl per household per month, within a walking distance of 200m from the homestead (other technical data also applies). Basic sanitation provision is essentially a ventilated improved pit (VIP) latrine. The consumer units are divided per settlement type, however projections for the backlog alleviation per settlement type over the implementation period still need to be assessed. The objective is to ensure equitable access to water services for the population, however a consumer unit is a billable unit and therefore a consumer unit is a household. As at base year 2003/2004 there were 97,113 consumer units supplied with water and 44,768 consumer units provided with sanitation to the requisite standards. Therefore the backlogs for water and sanitation are 41% and 72% respectively. Further detail is required on the public, commercial and industrial consumers within the ZDM.
All municipalities submitted their 2002 IDP’s as well as their 2003 reviews to the MEC. The municipalities have begun their 2005/06 IDP Review for further compliance with the Municipal Systems Act. Further attention is required on environmental management, disaster and performance management.
In terms of the LED, the district as a whole has an unemployment rate of 24%. 70% have an income of less than R800 a month.
The challenges mentioned by the DM officials encompassed the following:
• The timber from Zululand is taken to other provinces or countries for
saw-milling purposes, and this the impacts on the employment
opportunities for the local communities.
• The District Municipality is to look into the Reconstruction and
Development Programme (RDP) standard of water provision.
• A database of existing standpipes is unavailable.
It is therefore recommended that:
• Issues of poverty need to be addressed.
• Policies need to be revised so that every household, in the future,
would be provided with water.
• To undertake a detailed study to locate existing underground pipes,
and standpipes.
- Meeting with His Majesty, King Goodwill Zwelithini
The Committee had an interesting meeting with King Goodwill Zwelithini, who provided insights on some of the issues that impact negatively on the water, sanitation and forestry sectors in KwaZulu-Natal.
On issues pertinent to the forestry sector, the King highlighted the following:
• The tea plantations that worked well in the past were financially
funded and created job opportunities for the communities living in the
area. However, DWAF in taking the initiative to cut down large
plantations of trees and carting it to sawmills in Vryheid instead of
utilising local infrastructure is disadvantaging this community.
• The rationale for moving timber from KwaZulu-Natal to other parts of
the country to process was highly problematic. This increased the
unemployment and takes projects away from communities.
• There is a need for the government to allocate funds to black people
to own projects and expertise is needed to empower these communities.
• Not much has been seen of Black Economic Empowerment (BEE)
initiatives, as outlined in the Forestry Charter, in this region.
On issues pertinent to water resources, the King highlighted the following:
• An input in July 2005 on the Water Allocation Reform from the monarchy
reflected some of the concerns of water distribution in this region.
DWAF experiences problems in that although water is allocated for a
specific number of households, the movement of people and the creation
of settlements challenge the resources.
• In one instance, R3 million was allocated to the building of a dam in
Invuma. Although the developers were warned of the prevailing
unsatisfactory conditions, such as build up of soil and sand from the
banks of the Invuma River, went ahead and built the dam. In a short
space of time, the dam was filled with sand and soil.
• Although the St. Lucia area has been declared a World Heritage Site,
oil pollution in this area is a major problem.
• The skewed distribution of water to communities as opposed to one
commercial farmer, Mr Senekal, accessing the bulk of the water needs
serious attention. Poor people queue through the night to fill
buckets.
Response to His Majesty, King Zwelithini by the Chairperson of the Portfolio Committee: • The Portfolio Committee on Water Affairs and Forestry plays a critical role in the passing of laws pertinent to water, sanitation and forestry issues. In terms of the Committee’s oversight functions, it is necessary to also critically examine the changing responsibilities of DWAF, in terms of transference of obligations with service delivery. • It is also crucial that the Portfolio Committee understand the difficulties experienced by the Municipalities in translating new functions. These issues can be raised at Parliament with the Minister, and timely interventions can be undertaken. • The Constitutional right of people to services does not necessarily transform to water allocation reform, but incorporates other sectors on the question of a better life for all citizens in South Africa.
- uMzinyathi District Municipality
The District Municipality is located in Northern KZN and the major towns include Dundee and Greytown. The municipality extends over approximately 8 079 km² with a total population of 479 938. 17 tribal authorities are found within the district boundary.
The DM joined forces with other WSA’s (Newcastle LM and Amajuba DM to establish uThukela Water (Pty). A 30 year-long term service agreement was signed. The WSDP was finalised and adopted in March 2005 and the DM is currently in the process of reviewing it in order to enhance it. The DM is participating in the processes of uThukela Catchment Management Agency.
Umzinyathi DM has improved lives for many destitute communities through the development of many schemes (water and sanitation). 1 July 2003 – 3kl for urban and 6kl for rural. 1 July 2005, 6kl for all, except businesses. Operation and Maintenance Costs – No Income. The rural schemes cost of basic service is R35/KL. There is deterioration in service delivery.
All municipalities prepared, completed and submitted their 2003 IDP. All have completed the 2003 Review and submitted their plans as a ‘family’ of municipalities. This was undertaken for the MEC to facilitate alignment between the municipalities. All have begun working on the 2005/06 IDP Review to further improve aspects such as Institutional Development, Environmental Management and Performance Management Systems. In terms of LED, there is severe poverty in this District. As a whole, the district has an unemployment rate of 25%. More than 80% of households earn less than R1 600 a month. The largest proportion of poor households is located within the rural municipalities.
The challenges mentioned by the DM officials encompassed the following:
• Financial constraints – eradicate backlogs against current MIG annual
allocations.
• Dispersed consumers and difficult topography – supply areas.
• Operation and maintenance resources – resources in-house to operate
and maintain infrastructure.
• Local government capacity constraints – capacity in-house for planning
and improving capital projects.
• Lack of funds for bulk supply and higher levels of services – capital
investments; expansion of existing infrastructure.
• Higher levels of service of funding – top-up funding for the provision
of HLOS.
• Inadequate water resource planning – scheme failures.
It is therefore recommended that:
• Increase resources – financial and human.
• Development of a WSP monitoring model.
• Support by DWAF and DTLGA for water services and resource planning.
• Financial support required of R9, 5 million for the current short-term
measures.
- Umkhanyakude District Municipality Umkhanyakude DM is the Water Services Authority in the area. There are 5 Local Municipalities in the area (Umhlabuyalingana, Jozini, Hlabisa, Big 5 False Bay and Mtubatuba).
All municipalities submitted their 2002 IDP’s to the MEC. All also completed the 2003 Review. All municipalities have begun their 2005/06 IDP Review.
In terms of the Local Economic Development (LED), the district has an unemployment figure of 22% and approximately 70% of households earn less than R800 a month.
The status quo of water and sanitation services for the district municipality showed that in February 2005, there was a 46,99% access to water, 21,30% access to sanitation and 58,55% access to free basic water.
The number of boreholes showed that of the 250 assessed, 150 were repaired. Of the 100 schemes assessed, 100 were rehabilitated, and 4 water tankers were purchased, 4 hired and 5 repaired.
In the Esihligwini and Gwliweni areas, falling within the Umkhanyakude District Municipality, representatives noted that there is no running water, (in the form of standpipes, etc). People walk long distances to streams or dams, and most times, these sources have dried up. If water is ferried to the people by tankers, people queue as early as two or three in the morning to collect this much-needed resource.
An input of the situation under the Jozini Municipality reflected a serious problem with broken water pumps, no big dam or functioning boreholes servicing the area. Although an official from the Unkhanyakude District Municipality, who is the Water Service Authority, provided explanations, these were unfavourably received by the health sector.
The challenges noted by the officials of the district municipality reflected the following:
• Maintenance and operation plans are needed.
• Water services rollout is inadequate.
• There are a number of backlogs and access to services needs
improvement.
It is therefore recommended that:
• Assistance with regard to IDP and WSDP plans.
• An immediate intervention to allow communities access to their basic
water rights.
- Ilembe District Municipality
The previous Regional council of ILembe was located on the east coast but divided into two geographical portions. The re-demarcation process incorporated most of the southern portion into eThekwini Metropolitan Municipality, while the northern portion remained largely unchanged as ILembe Local Municipality. Two new local municipalities were established: Ndwedwe and Maphumulo. Local municipalities of this district municipality include: eNdondakusuka Municipality, KwaDukuza Municipality, Maphumulo Municipality and Ndwedwe Municipality.
All municipalities submitted their 2002 IDP’s to the MEC for assessment as well as their 2003 Reviews. All have begun their 2005/06 Review for compliance with the Municipal System Act. The input that follows reflects the first hand experiences and lived realities of community members in the Ilembe District Municipality.
Ilembe District Municipality:
Sonkombo (Ward 8 and 10)
• There is a reservoir that supplies Kwambase but this reservoir has
dried up (Ward 10)
• An engineer was sought to deal with the above issue but has not lived
up to meet his obligation of July 2005.
• Standpipes serviced some parts of the area. In two instances,
however, people used plastic containers to catch the run-off water
from leaves that overhung from the mountain, and, in the other, people
shared a small pool of muddy water with animals (Ward 8).
• The above poses a health risk to the community and burdens the lives
of the people even further. This is particularly difficult for women
and children and impacts other areas of peoples’ lives.
• People are still walking long distances to collect water from streams
that are polluted.
• The numerous water services projects installed are unable to meet the
needs of the people, and it remains continuously dysfunctional.
- Joint Meeting Held at the Mosvold Hospital with representatives working in the Health, Education, Justice and the Tribal Authorities Sector
A joint meeting held at the Mosvold Hospital with representatives working in the Health, Education, Justice and the tribal authorities sector, highlighted the following issues: Health Issues
• Since October 2004, the water supply to the Mosvold Hospital and
clinics in this area is a problem.
• Up until June 2005, there have been numerous cuts in the water supply.
This not only affects the hygienic conditions for the patients but
makes it difficult to take X-rays as this process needs water
• The non-availability impacts on the health services of the community.
Patients have to be turned away as the system cannot function and this
compromises proper health services.
• Even clinics are disadvantaged, as there is no water. Clinics at
times hire water tankers but this is very expensive.
• Communicable diseases, without proper water facilities, could increase
in this area.
• Although the municipality has been contacted, and a number of public
meetings held, there is still no continuous access to water.
• Most boreholes dry up.
• Though the hospital is on hilly terrain, the study of planning of
water pipes with an access to the Jozini Dam or the Limpopo River is
not meticulously conducted. No input and solutions are taken from the
community and yet the community is the best knowledge base with regard
to these matters.
Home-Based Care
• This project assists approximately 800 patients, most of whom are HIV
positive. Since these people are so ill, they cannot walk long
distances and water is an essential part of their care. Most often,
the home-based carers carry water or walk the distance to carry water
for these patients.
• The income generating projects purchased tanks for the use of a number
of garden projects. These tanks do not have enough water and
therefore the community garden projects are not sustainable.
Child-Headed Households and Orphans
• There are a number of child headed households and children have to
walk 10 kilometres or more. The public tanks charge 25 cents a litre
and many people cannot afford even this amount.
• The projects dealing with children’s issues rely extensively on
volunteers from overseas.
Education
• The impact of children having to walk long distances to water sources
on their education is quite critical. In some instances, children
cannot go to school, as they have to fetch water for their families.
• Water is an important source of food provision and production, and at
times, children are quite hungry. This adversely affects their
involvement in their schooling and could have a long-term effect on
their academic input.
Justice
• An essential service such as justice was unable to access water whilst
the court was in session.
Tribal Authorities from KwaMngomezulu/KwaNyawo and Mathenjwa
The tribal authorities expressed their concern by the above communities affected by serious water shortages in Ingwavuma District under the Jozini Municipality. The representatives maintained that the Shemula Water Supply Scheme is of no value to immediate communities as the pumps installed earlier broke down, and the entire system failed to serve its intended purpose.
Recommendations
The following incorporated recommendations were proposed to resolve the water problem in this Municipality:
- Whilst the Portfolio Committee visited Wards 8 and 10 in the Sonkombo region, falling under the Ilembe District Municipality, there is an urgent need to investigate the conditions of service delivery in the entire Sonkombo region.
- The construction of a big dam by blocking Usuthu River Water and thereby pumping water into NODAL water reservoirs at the following headmen constituencies in Ward 14, 15 and 17 of Inkosi Mathenjwa and Inkosi Mngomezulu, respectively. a. Ekuhlehleni Area. b. Emanyiseni Area. c. Engonyameni Area. d. Nkungwini Area.
- Another dam can also be built by blocking the Ingwavuma River at the Esiweni area. a. The water could assist the farming communities of Inkosi Nyawo, Inkosi Mngomezulu and Inkosi Mathenjwa.
- The blocking of certain river valleys can be of great importance to vegetable farming communities, as well as for the livestock.
- Water supply systems can also be installed in the Western part of Inkosi Nyawo through Hlathikhulu Forest or Esihlangwini Area. This will help the local community and that of Ingwavma Town.
- Need a limited amount of funding, to link the Shemula Scheme to this area. If funds are given to upgrade the scheme and utilise bigger pumps, the area will be supplied with water.
- Although the terrain is difficult to negotiate on an engineering level, there are options, such as utilising closer sources to water to service the area.
- Sustained studies need to be undertaken in this area to utilise and tap into the water resources that are available in this area.
- The bulk of the water from the Jozini Dam is being utilised by a big commercial farmer, Mr Senegal. Large consumption of water for irrigation purposes is needed, but a skewed distribution of this vital source to the community needs immediate address from the Departments of Land, Agriculture, Water Affairs and Forestry.
In conclusion, the community representatives noted that if the above measures are taken into account as a matter of urgency, the water problems in these areas could be permanently resolved so that other economic activities could develop in these areas.
Note: The Committee took immediate steps to bring the attention of the above matters to responsible departments in a memorandum, dated 3 August 2005.
4.9 Presentations by Water Boards – KwaZulu-Natal
The presentations from the two water boards mentioned below maintained that although the Water Services Authorities have a responsibility to provide adequate water services within their areas of jurisdiction, backlogs cannot be addressed through stand-alone schemes as they are unsustainable without continual and direct technical, administrative and financial support.
The proposal from the presentations, in terms of their experiences is that although regional bulk supply schemes to improve the water service delivery is not the only solution, there are advantages, listed below, of regional schemes over stand-alone schemes:
• Sustainability of supply.
• Rationalisation.
• Economies of scale.
• Linking water resources to water supply.
• Resource/skill sharing.
- Mhlathuze Water
The Mhlathuze Water Area of Operation comprises cooperation or negotiations with the following municipalities:
• Mhlathuze and Umkhanyakude District Municipality had the original
agreements, which they entered into in terms of which Mhlathuze Water
operated and maintained some of the plants on behalf of Umkhanyakude
District Municipality.
• A new service provision agreement between Mhlathuze Water and
Umkhanyakude District Municipality has been signed whereby UDM
appointed MW in terms of section 19 of the Act as the water services
provider for the service specified in the agreement.
• This newly signed agreement supersedes the original agreement.
• Negotiations of memorandum of understanding with the uThungulu
District Municipality is still underway.
• MW is still negotiating a partnership with the Zululand District
Municipality.
• MW is still working on closer cooperation with the IIembe District
Municipality in order to investigate ways and means of promoting
closer cooperation and coordination between the two bodies with regard
to water service provision in the municipality’s area.
Mhlathuze Water provided a further input on the areas and manner in which they partake in the Working for Water Programme. The following information was provided:
• In KwaZulu-Natal, there are 69 existing projects, and the uSuthu-
Mhlathuze WMA, has 18 Working for Water Programmes since 2003. These
are in the Goedertouw, Ntambanana and Mfule areas.
- Umgeni Water Board
Established in 1974, Umgeni Water is one of Africa’s most successful organisations involved in water management and the largest bulk water supplier in the province of KwaZulu-Natal, South Africa. It is one of the largest catchment-based water utility in Southern Africa, supplying some 340 000 kilolitres of clean, safe drinking water to almost 4.8 million people annually. Its main customers include eThekwini Metropolitan Municipality, Illembe, Sisonke, Umgungundlovu and Ugu district municipalities, and the Msunduzi and Mngeni local municipalities, amongst others.
1. Progress towards implementation within Umgeni Water’s area of
operation
• Mgeni Regional Scheme – Comprises of a number of sub-components, viz.
A planning investigation into the proposed future infrastructure
requirements to upgrade the main spine has just been completed.
• The Umbumbulu Bulk Pipeline is currently being constructed.
• Pre-feasibility level planning of an extension of the Wartburg
Pipeline has commenced.
• Detailed feasibility planning of the Richmond pipeline is scheduled to
start in August.
• North Coast Regional Scheme - Detailed civil design is complete.
Servitude registration and the environmental assessments are currently
underway for the North Coast Bulk Pipeline.
• Mvoti Regional Scheme - Pre-feasibility level planning of this scheme
has recently commenced.
• South Coast Regional Scheme - Construction of the upper portion of the
South Coast Bulk Pipeline is scheduled to commence early next year.
Design and environmental assessments are currently underway.
• Mzintlava Regional Scheme - External consultants have recently been
appointed to undertake a reconnaissance level planning investigation
based on the conceptual scheme initially presented. This study will
also guide the configuration of the adjacent schemes.
•
• Mooi Regional Scheme - The pre-feasibility level planning
investigation of the Greater Nottingham Road area, which includes the
Mooi regional bulk pipeline to Msinga has been completed. 3. Challenges Highlighted by the Water Boards
• There is no co-ordination of work between the Water Boards and Water
Service Authorities, and this creates tension and conflict between the
two, in some instances.
• Topography of the province poses immense problems to the construction
of water pipes to some areas.
• The blue gum trees use up a lot of water and this depletes the water
resources in the area.
• Since the areas served by the Mhlathuze Board is largely rural, the
lack of infrastructure poses a problem.
It is therefore recommended that:
• Water tariffs must remain affordable and integrated into the IDPs.
• Risk on financial packages for schemes must be mitigated.
• Water Services Authorities must work in partnership with Water Boards,
and take ownership of what is needed within their particular
constituencies.
• Water Boards in provinces need to work together for effective service
delivery. The principles outlined in the Constitution, State of the
Nation Address, Millennium Development Goals should be regarded as the
most important, rather than profit margins.
• There exists a need to share experiences and capacity with other Water
Boards in the province, as well as Water Service Authorities, so that
the water sector can be strengthened.
Meetings and Site Visits
- Mpumalanga 5.1 Department of Water Affairs and Forestry
Mpumalanga Province has three district municipalities, namely, Ehlanzeni District Municipality based in Nelspruit, Nkangala District Municipality based in Middeleberg and Gert Sibanda based in Secunda. The province has 17 Local Municipalities, all of which are Water Service Authorities, and presently three are cross border municipalities (Kungwini, Greater Marble Hall and Secucuna).
An overview of the broad framework on issues of water and sanitation delivery, reflected the following:
• The Integrated Water Resources Management (IWRM) Branch aims to ensure
access to water for economic development, in particular Agriculture.
There is a need to delegate the IWRM to the local levels to redress
the past imbalances.
• Sanitation Service Delivery – Progress: 2005/06 Bucket Eradication
Programme – there are 34 bucket eradication projects running within
five municipality areas in the Gert Sibande District Municipality. Of
the 34 projects, 2 are VIP projects, while 32 are waterborne toilet
projects. The current budget allocation for bucket eradication is R27
240 000. R834 000 has been spent on the VIP toilets and R7 397 000
for waterborne toilets from the 2005/06-budget allocation. From 30
June 2005, 203 VIP toilets have been built, 523 still under
construction, 618 flush toilets have been built and 8 377 still to be
constructed.
• Transfer Operations of schemes: (check details from original
source)
• The Working for Water Programme has employed 3000 employees, 60%
women, 5% disabled, 35% youth.
The challenges highlighted by DWAF incorporated the following: • Municipal Issues: High indigent levels (as high as 80% per Water Services Authorities) were noted in some areas. Municipalities were under-staffed and in some cases had low capacity (Thembilise). Due to low rainfall, catchment areas were often stressed. In some instances, there is slow progress with Section 78 and Water Services Development Plans. The transfer of DWAF Water Schemes and setting up of newly acquired Water Service Authorities impact on municipalities. Municipalities are experiencing problems such as high indigency levels, free water, poor record of cost recovery, high consumption levels, inadequate water conservation and water demand management practices. Cross border municipalities pose problems in terms of service delivery. The MIG is insufficient and the capacity to achieve 2006 and 2010 targets may be problematic. At times, there is a lack of coordination by sector departments in the Project Consolidate initiative. • Bucket Eradication: The budget for meeting the sanitation target is insufficient and may pose a problem. There are a number of strategic planning gaps in addressing the sanitation issues. The funding for sustainability of projects is limited. Within project management units, there are few sanitation experts in municipalities, and there appears to be a growing technical skills gap. The compliance with the MIG funding cannot be accessed, as there is no agreed format for technical feasibility studies. There is no stipulated sanitation component of the water services with the MIG allocation. Critical aspects of education, health and hygiene appear to be neglected under the MIG programme. • Transfer Operations: Water tariff issues need to be addressed. There are no proper water management systems in place to guide the equal distribution of water. • The Working for Water Programme: Contractors want to remain in the system even when they have completed their training. There have been allegations of corruption, nepotism and fronting on this project. Exit policies have been ignored.
It is therefore recommended that:
• Mechanisms should be set in place to delegate the IWRMs to the local
levels.
• Systems need to be put in place to ensure equal distribution of water.
Databases must be created to facilitate this process.
• The sanitation component has to be seriously viewed and placed into
the IDPs.
• The MIG formula should be reworked so that other issues can be
incorporated.
• DWAF has to assist the province to undertake a proper skills analysis
with a view to capacitate.
• DWAF has to work jointly with the Department of Home Affairs with
regard to movement of people across borders from neighbouring
countries. In future, this may increase the population of particular
provinces and will impact on the provision of water and sanitation.
• The transfer of schemes to municipalities needs to be more structured.
• A grey area that also needs redressing is the issue of bulk water
services. Rules, regulations and systems of cooperation between bulk
water services, water service authorities and providers need more
systematic consideration.
5.2 Overview of the Province on Issues Relating to Water, Sanitation and Forestry, Briefing by the MEC on Local Government
In providing an overview on issues relating to water, sanitation and forestry, the MEC, the Honourable Mr J Mahlangu maintained that good working relations exist between the Departments of Local Government and Water Affairs and Forestry in the running of the water, sanitation and forestry projects. The Departments are working toward meeting the 2008 target for access to clean water, and 2010 for sanitation facilities. In highlighting the challenges confronted by certain municipalities, he noted the following: • The province has a huge shortage of water, as the Bronkhornspruit Dam cannot supply enough water for the area. A pipeline is being installed to address the water shortage. • In some municipalities, the transfer of schemes are in the process of being completed. In other municipalities, there are problems of capacity and limited guidelines on how to proceed with projects. • R1, 5 billion would be needed to meet the targets of the Millennium Development Goals. • Findings show that the Nkangala District Municipality, Tembilise and Dr Moroka Local Municipalities have limited access to water. • R75 million has been set aside to fund a project to eradicate approximately 20 000 bucket systems. • The Govan Mbeki and Delmas Areas are experiencing problems to proceed with water and sanitation projects. The MEC has promised to meet with the Minister of Water Affairs and Forestry, Ms B Sonjica, to discuss the problems and to negotiate for more funding.
It is therefore recommended that:
• Stronger guidelines need to be devised in terms of how municipalities
proceed with projects.
• The Millennium Development Goals should be seriously considered in
terms of service delivery on water and sanitation.
• Municipalities, to provide the optimum service, should use funding
efficiently and appropriately.
5.3 Nkomazi Local Municipality
A shift has been noted in the functioning of this Municipality since the Department of Water Affairs and Forestry arranged and implemented the Special Intervention Programme (SIP) in October 2004. The programme was set up to assist local municipalities implement their projects and undertake proper planning as Water Service Authorities.
In terms of transfers to the Municipality, the Department of Water Affairs and Forestry, that is Operations and Maintenance facilities are now with the Nkomazi Municipality as of the 1st July 2005. All staff personnel of the Department of Water Affairs and Forestry, and the Ehlanzeni District Municipality will be officially transferred on the 1st October 2005, as agreed during the road show at Tonga Offices.
In utilising the Municipal Infrastructure Grant (MIG), the following was highlighted:
• The water projects implemented by the local Municipality, that of the
Phakama Bulk Line, the Pipeline from Komati River to KamaQhekeze
Reservoir are completed.
• The sanitation projects of 2004/05 are currently under construction
and will be completed by the end of the 30th September 2005.
• The Nkomazi Municipality has R17, 460 for water projects for the
2005/06 financial year, and is currently awaiting the approval of
sanitation funds from DWAF for the 2005/06.
A draft of the WSDP is almost complete, was scrutinised by the Portfolio committee, and will be published for public participation. The IDP is part of this initiative.
The Nkomazi Municipality, with regard to Free Basic Services, according to the RDP standards, provides about 60% of water, but this is inadequate for communities. According to research undertaken, approximately 38% of water is lost every year.
5.3.1 Successes and Challenges
The following successes were noted:
• There were useful DWAF intervention programmes to aid the technical
assistants.
• A review of the WSDP is being undertaken.
• The compilation of a database for service providers is underway.
• The drafting of by-laws and policies has already commenced.
• A 5-year capital programme for projects has been done.
• A cost recovery programme has commenced and as of 1 August 2005,
schools, clinics, police stations, hospitals and business sectors are
being billed.
• All MIG projects utilise Chinese materials, provided by DWAF so as to
speed up the process of cost recovery programme.
The following challenges were highlighted:
• The cost recovery programme is seen as a major challenge as the
service providers do not have a start-up cost to implement the system,
including data collection.
• The Municipality is in the process of formulating policies, that of
Section 78 (DPLG) and Technical Reports (DWAF).
5.4 Emakhazeni Local Municipality – Visit to Belfast Treatment Plant
The plant supplies water to 3 000 households and intends increasing the supply to 3 900 households. The plant is on Phase 1, an upgrading process to increase the water supply to other households. R4 million has been allocated to run the project, and an additional R4 million is required to complete it. The targeted date for its completion is September 2005.
5.5 Gert Sibande District Municipality
The Gert Sibande District Municipality comprises seven local municipalities. 72% of its budget is spent on water and sanitation projects. The officials from the District Municipality maintained that by 2006/07, all communities within the district will have access to clean water and proper sanitation.
The water backlogs in this District Municipality, reflecting the information on water services of households, as at 31 October 2004, shows the following:
| Municipal | Albert | Dipalesen | Govan | Lekwa | Mkhondo | Msukaligw | Pixley |
| ity | Luthuli | g | Mbeki | a | ka | ||
| Seme | |||||||
| Water on | 20 561 | 10 036 | 55 186 | 20 715 | 7 115 | 26 713 | 9 528 |
| site | |||||||
| Communal | 6 124 | 52 | 12 034 | 4 | 3 183 | 139 | 5 497 |
| tap <200 | 859 | ||||||
| m | |||||||
| Communal | 8 312 | 314 | 0 | 0 | 3 558 | 139 | 1 466 |
| tap >200m | |||||||
| Without | 8 749 | 824 | 0 | 4 868 | 835 | 1 833 | |
| water | 52 | ||||||
| Total | 43 746 | 10 454 | 68 044 | 25 574 | 18 724 | 27 826 | 18 324 |
The sanitation backlogs, as at 31 October 2004, reflected the following:
| Municipali | Albert | Dipalesen | Govan | Lekwa | Mkhondo | Msukaligwa | Pixley ka |
| ty | Luthul | g | Mbeki | Seme | |||
| i | |||||||
| Waterborne | 6 | 7 893 | 55 698 | 18 669 | 6 740 | 26 661 | 7 330 |
| Toile/Sept | 562 | ||||||
| ic Tank | |||||||
| Ventilatio | 10 499 | 1 202 | 5 | 0 | 1 499 | 278 | 4 563 |
| n Improved | 448 | ||||||
| Pit | |||||||
| Latrine | |||||||
| Pit | 21 873 | 0 | 0 | 7 883 | 278 | 0 | |
| Latrine | 626 | ||||||
| Bucket | 1 | 1 254 | 7 | 6 138 | 355 | 609 | 6 431 |
| System | 750 | 464 | |||||
| None | 3 | 105 | 2 247 | 0 | 0 | ||
| 062 | 141 | 767 | |||||
| Total | 43 746 | 10 454 | 69 377 | 25 574 | 18 724 | 27 826 | 18 324 |
5.5.1 Visit to Embalenhle Water and Sanitation Project
There are area taps and water meters have been installed. VIP toilets have been constructed. The District intends to convert VIPs to waterborne toilets when the budget permits.
5.6. Water Services in Dr JS Moroka Local Municipality
The officials noted that the current water backlogs at this municipality stood at 31%, while for sanitation, the figure was 76%. To address the backlogs, the municipality required a budget of R124 465, 00 for water and R133 760, 00 for sanitation. The above percentages of backlogs are based on the 2001 Statistics South Africa figures, with an estimated 2% growth rate.
The challenges noted by this municipality encompassed the following:
• There is no metering system for free basic water, and there is an
infrastructure backlog.
• If the millennium targets are to be met, the municipality needs
additional financial resources.
• The municipality is struggling with management and monitoring tools in
the operations and maintenance component of their work.
• The communities are not well informed about the procedures to follow
when reporting leakages.
It is recommended that:
• More empirical research needs to be undertaken to strengthen databases
on the provision or lack thereof of water and sanitation services.
• Other municipalities with best practices, in terms of the developing
of monitoring and management tools should be asked to assist with this
aspect.
• In terms of addressing the leakage problems, awareness campaigns must
be undertaken by the officials so that communities understand the
processes of informing municipalities/councils of any leakages in the
area.
5.6.1 Dr JS Moroka Municipality - Briefing on the STRIP Project
The STRIP project, renamed the Sibambisene Programme has as its objective:
• The introduction of water saving measures within the villages using
the bulk of the water, so as to counter the cumulative effect
experienced by downstream users.
Approximately, 35 – 45% of the area does not have adequate water supply. Most households have the basic level of water supply, and most households do not have a basic level of sanitation service.
The following challenges were noted in this municipality:
• The operation and maintenance of the distribution system in the
Western Highveld Region is unsatisfactory.
• The condition of the distribution systems have deteriorated rapidly,
leading to significant water losses, which results in uneven
distribution of the available water supplies.
• Unclear institutional responsibilities result in a lack of
accountability in terms of service delivery.
• There is hardly or limited focus on customer care or the importance of
maintenance.
• There is no monitoring of illegal connections of water pipes.
5.6.2 Visit to Weltevreden Water Treatment Plant
The plant produces 6 ml of water for the supply of 4 local municipalities in Inkangala District Municipality.
5.6.3 Visit to Kabedi Sanitation Project
The project produces material for the construction of VIP toilets in the Kabedi area.
5.7 Presentations by Water Boards
5.7.1 Bushbuckridge Water Board
The Buckbuckridge Water Board was established in 1997 in accordance with the Water Services Act, Act 108 of 1997. The Board is responsible for the provision of bulk water services to other water services institutions. The Board currently operates in Bohlabela District Municipality, and parts of the Mbombela Municipality area (serving about 1.2 million people).
Major achievements of this Board include the signing of two Memorandums of Understanding, one with Bohlabela District Municipality and the other with the South African Local Government Association (Mpumalanga).
Challenges confronting the above board comprise the following:
• Huge cost recovery, both bulk and retail levels.
• Severe drought conditions which have impacted on rivers and dams.
• The transfer of personnel was a long and tedious process.
• Compatibility of staff and infrastructure, in terms of meeting target
outputs posed problems, with regard to the training of personnel, the
new conditions of employment, staffing levels and the expertise of
personnel.
• Lack of budget to implement capital projects (refurbishment,
realignment of schemes for optimal use).
• The transfer of pension of employees has not as yet taken place.
• The signing of water service provider agreements with water services
authorities is at times a problem.
• The external auditor gave a disclaimer to the Board during the 2003/04
financial year. The Board, together with the department, subsequently
appointed a firm of auditors to conduct a forensic audit into the
activities of the Board. The report from this Board claims that they
are committed to clean governance, and thus reports from forensic
auditors assist in the achievement of good governance.
5.7.2 Inkangala Water Board
The Water board was established in 1999. A management team was formed to ensure the functioning. Though DWAF transferred its assets, transfers were not properly managed, as the Board was not involved in this process. This Board needed the attention of the Minister at one point. The Minister, thereafter, formed a new Water Board that consisted of 3 Board Members from Rand Water and 3 from the then Water Board.
The Board confronts the following challenges: • Insufficient funding to run the activities of the Board. • There is a lack of technical expertise. • There is a lack of capacity to municipalities served by the Board. • There is no clear definition of bulk water. • There is no clarity on the future of the Board.
It is recommended that:
• More proactive work to be undertaken by Water Boards, in consultation
with WSAs and WSPs to strengthen water provision in this province.
This could entail working toward rules, regulations, definitions and
process that suit the needs of the communities serviced by these
sectors.
5.8 Forestry: Mpumalanga
5.8.1 Overview of Forestry: Mpumalanga
The functions of the forestry sub-directorate can be divided into three main components, that of direct management of plantations and conservation areas, the development and restructuring. The sections that are responsible for these functions are: Commerical Forestry (plantation management), Indigenous Forest Management (management of conservation areas) and Forestry Advisory Services (development)
Commercial Forestry
Five plantations along the Drakensberg escarpment, namely Onverwacht, Welgevonden, Hebron, Salique and Mariepskop plantations (Lowveld Plantations). There are a total of 375 staff members.
A total of approximately 11 000 hectares has been planted with pine trees. Timber is contracted to two sawmills, York Lumber and Geldenhuys Sawmills.
Restructuring: These plantations are to be incorporated with the Blyde River Canyon National Park (BRCNP), to be proclaimed in September 2005. The plantations are being removed and the timber supply contracts have been cancelled for December 2006, and March 2007 respectively. Thus, final transfer will take place during the 2007/08 financial year.
Injaka Plantation: Has a total of 35 staff members. 1400 hectares have been planted with mainly gum trees and some pine trees. There is no fixed supply contract and the local contractors do harvesting on tender.
Restructuring: This plantation will be privatised to a BEE company to take over the plantation as a whole. This is envisaged for 2006.
Issues relating to commercial forestry: this function has no dedicated budget allocation due to the removal of this responsibility from the Forestry budget allocation from Treasury. It was anticipated that this asset would have been transferred to SAFCOL in 2001. This transfer did not take place because of the complications around the York Lumber contract and the development of the BRCNP. Only the national annual income of Forestry is made available by Treasury as a budget allocation for the Lowveld plantations. This asset can also not be transferred to the BRCNP without the necessary resources to manage it. The budgetary requirement is about R46 million for 2005/06, while the annual income of Forestry is approximately r40 million.
5.8.2 Meeting with Salique Plantation Staff
Bee Keeping Project
The Beekeepers’ Association (Bushbuckridge Association) was established in March 2000, with a composition of 9 members. Agriculture Research Council (ARC), Department of Water Affairs and forestry (DWAF), DACTS and the Danish International Developmental Agency (DANIDA) support this association. BEE keeping is ideal as a resource for poor farmers, as it requires low input costs and skills levels, minimum infrastructure and provides health products, and possible cash income opportunities.
Medicinal Plant Project
Traditional healers formed associations, that is, the Vukuzenzele and Bophelong. DWAF, DANIDA, Mpumalanga Parks and the Agricultural research Council support the projects.
The objectives of the above initiative are to:
• Establish medicinal gardens and nurseries using traditional products.
Processing and packaging of medicinal products such as creams, teas,
powders, and capsules, according to categorised illnesses, are high
priority of this venture.
The industry has great financial potential if fully developed.
Participative Forest Management
The Participative Forest Management in Forest Management represents the communities. The forest management component provides training in mountaineering, leadership and small business skills for traditional healers. The team envisages beginning courses in environmental education. Global International NGO supports the team with food and transport.
The officials noted the following challenges:
• Due to inadequate equipment, there is not much success.
• Project run and initiated by a person with no knowledge of the areas.
• There is no support from the Department of Water Affairs and Forestry.
Meetings and Site Visits
- Northern Cape
6.1 Department of Water Affairs and Forestry – Overview of Water and Sanitation
6.1.1 Water Resources – Status
The arid climate and limited potential of water resources that naturally occur in the water management area are a major constraint. Both surface and groundwater sources are nearing full development and utilisation.
Approximately 30% of the population depend on ground water resources of variable quality. 87 settlements depend on groundwater resources. Over- exploitation of ground water sources in localised areas is a concern as 19 communities utilise 80% of resource. Large areas of the province are dependent on releases from the Upper Orange and Middle Vaal Catchment Management Areas. There are concerns about water quality in the Lower Vaal Catchment Management Area due to upstream activities.
6.1.2 Water conservation and demand management
The average per capita of water use in the Northern Cape is 146 litres per day with the minimum at 12 and the maximum at 657 litres per day. A number of rural communities in the Namakwe utilise less than 25 litres per day.
It is suggested that those communities utilising more than 200 litres per day should engage in water conservation activities. These communities are Dibeng, Kururman, Kathu, De Aar, Vanwyksvlei, Noupoort, Williston, Calvinia, Loxton, Philandersbron, Nieuwoudville, Riemvasmaak and Kenhardt.
6.1.3 Water quality
The following was highlighted in terms of water quality in the province:
• The western areas of the province are characterised by poor ground
water quality in range of Class 2 to Class 3.
• High levels of Flourides, Nitrates and salinity are found in a number
of communities in the central and western region.
• In the coastal regions, desalination of ground water is practiced
resulting in low availability and high cost of potable water.
• All surface water is of poor quality and has to be treated to be
suitable for human consumption.
• Data sets must be improved to achieve a better perspective on water
quality.
• A study was conducted during 2004/05 on the drinking water quality
status in the Pixley ka Seme and Siyanda districts.
• The quality of water discharged – only Upington discharges directly
into the river and regular audits are done on the quality of the water
discharged. Kimberley discharges into Kamfersdam. Smaller towns make
use of oxidation ponds. A licensing procedure is in place but in many
cases, municipalities do not have resources to comply with this.
6.1.4 Water services authorities (WSA)
All local and district municipalities of the Northern Cape are Water Services Authorities (WSA). This is more than any other province (31 out of 170 or 18% of the national total), and including Moshaweng it is 32 WSAs. R35 million has been approved for capacity development building programmes being implemented in 13 WSA and another 4 plans have been committed for 2005/06.
6.1.5 Project Consolidate
Priority Municipalities
| Northern Cape | |
| Siyanda District Municipality | |
| Tsantsabane Local Municipality | |
| !Kheis Local Municipality | |
| Kamiesberg Local Municipality | |
| !Kai! Local municipality | |
| Mier Local Municipality | |
| Kgalagadi District Municipality | |
| Ga-Segonyana Local Municipality | |
| Karoo District Municipality | |
| Siyanquma Local Municipality | |
| Kareeberg Local Municipality | |
| Ubuntu Local Municipality | |
| Thembelihle local Municipality | |
| Renosterberg | |
| Namakwa District Municipality | |
| Karoo Hoogland local Municipality | |
| Hantam Local Municipality | |
| Frances Baard District Municipality | |
| 82. Phokwane Local Municipality | |
| 83 Dikgatlong Local Municipality | |
| Alfred Nzo District Municipality | |
| 84. Umsombovu Local Municipality |
- Water and sanitation supply at schools and clinics 6.1.6.1 Water at Schools and Clinics
622 (93%) schools in the district with 241 670 (97%) learners have a water supply that is on the school site.
All 26 clinics in Frances Baard have water on site, except for one (Phomolong clinic in Mogareng). All 42 clinics in Kgalagadi have a water supply on site. All Siyanda’s 34 clinics are served with an adequate water supply, except for one, which requires attention.
Some of the challenges highlighted in delivery of water at schools and clinics reflected the following:
• Schools: 44 (7%) of schools in the districts of Frances Baard, Pixley
ka Seme, Kgalagadi, Namakwa and Siyanda do not have a water supply on
the school site and 6 397 learners are affected. Although most
schools have water on site, many require Operations and Maintenance
interventions, as the water supply is not assured. No schools are on
the 2005/06-project list of the Northern Cape Department of Education
for water projects. The North West Department of Education has listed
6 schools in Moshaweng and Ga-Segonyana (to be transferred from
Northern Cape) to be supplied with water in 2005/06.
• Clinics: Problems at Pixley ka Seme clinics are being experienced
(total 24 clinics).
• Namakwa data outstanding.
6.1.6.2 Sanitation at Schools and Clinics
483 (72%) schools with an enrolment of 219 242 (88%) learners have sanitation facilities that meet basic standards.
Sanitation has been addressed at clinics in Pixley ka Seme and Frances Baard. All clinics in Siyanda have flush sanitation, except for Riemvasmaak satellite clinic, which has no toilets.
Some of the challenges highlighted in delivery of sanitation at schools and clinics reflected the following:
• Schools: 133 schools are still without basic sanitation and 50
schools have mixed types of sanitation, for example, pits and flush
toilets are in use. The monitoring and evaluation studies conducted
in 2005 reveal that 13% of toilets at schools are not working, 32%
EnviroLoos, 10% of all flush toilets and 1% pf VIP’s are non
functional.
• Clinics: 9 of the 42 clinics in Kgalagadi have a sanitation supply
that is below basic (21%).
- Water and sanitation supply at household level
6.1.7.1 Achievements
• 90% of households have at least a basic supply of water in respect of
a distance of 200m or closer to their homes.
• Basic sanitation is supplied to 74% of all households. In 2001, 67%
households had a basic sanitation supply, and by 2005, the number of
households had increased to 74%. The decrease in the backlog since
1996 is attributed to the efforts of all stakeholders, which include
District Municipalities, DWAF, MIG and the Department of Housing and
Local Government.
6.1.7.2 Challenges
• 48 810 households living in settlements and towns are without basic
sanitation facilities in 2005, and by 2010, another 18 390 new
households will be formed that require services.
• Another 21 718 households living on farms were without a basic
sanitation facility, and by 2010 another 617 households will be
formed.
• Acceptance of dry sanitation in the arid Northern Cape requires
attention, especially in areas that do not have sufficient water
resources.
• Current reliable backlog data is lacking from some WSAs, as well as
the monitoring of backlogs. This problem is evident due to the
ongoing projects that address these backlogs, are implemented.
• To ensure sustainability, the planning of waterborne sanitation must
include the household facility, network, treatment works and return of
discharge to the environment.
- Bucket sanitation
Approximately 16 000 buckets still exist in four districts (Siyanda – 467, Namakwa – 1082, Frances Baard – 8900, Pixley ka Seme – 5643) of the Northern Cape.
6.1.8.1 Achievements
• Progress has been made in eradicating bucket sanitation with bucket
numbers halved in the past 10 years.
- Recommendations
• Water backlogs at schools: There is a need for improved databases in
terms of placing schools on project lists, if services are lacking.
• Water backlogs at clinics: There is a need for improved databases in
terms of placing clinics on project lists, if services are lacking
• Sanitation at schools: A budgetary increase is needed to meet the
targets of providing all schools with sanitation at the end of 2005.
The Northern Cape can utilise the methods and practices of the North
West in projecting the amount of money needed for targeted projects,
with the inclusion of the two municipalities.
• Bucket sanitation: The 2006 target will not be met, and therefore
this province needs to look at alternatives in terms of time frame.
- Frances Baard District Municipality
Frances Baard is located in the northeastern region of the Northern Cape. Its head office is situated in Kimberley. The DM consists of four Category B municipalities, namely, Dikgatlong, Magareng, Phokwane and Sol Plaatjie. The DM also looks after a predominantly rural District Management Areas with two small settlements at Dan Carl and Koopmansfontein.
According to figures released in February 2005, access to water in this DM was 85,46%, access to sanitation totalled 90,97% and access to free basic water was 77,23%. The status of the WSAs and WSDP submission to DWAF was adopted at this stage of reporting.
- Site Visit to Sol Plaatjie Local Municipality – SIDA-Northern Cape housing initiative
At the Galeshewe Project in the Sol Plaatjie Municipality, delegates were shown a SIDA-Northern Cape housing initiative, which utilised dry sanitation inside houses. Whilst the SIDA funded projects had running water and dry sanitation, the area opposite this project still utilised the bucket sanitation.
It is therefore recommended:
• Design and implementation of projects should include and incorporate
all the residents of a particular community. Alternatives should be
sought if people struggle to pay for services, but not providing any
access to certain portions of the community is problematic.
6.2.2 Site Visit to Platfontein
Schmidtsdrift was used as a training camp by the then South Africa Defence Force (SADF) after the Batlaping Tribe had been forcefully moved out in terms of the legislation of the past. In tracing their origin he said they are the !Xû and the Khwe with roots in Namibia who were fighting side by side with the SADF against the liberation movements in Namibia during the struggle era. When Namibia became independent in 1990, the South African Defence Force (SADF) offered its erstwhile trackers sanctuary in a tent town it built for them on a windy plain in Schmidtsdrift in the Northern Cape. Four years later, with the new democratic government, the San believed they would be given security of tenure there, but the land was judged to belong to the BaTlhaping, a Tswana group that had been removed from it decades earlier. The San at Platfontein were then relocated from the Schmidtsdrift tent town, which was established to house hundreds of San and their families who had previously worked for the former South African Defence Force as trackers.
The conditions of living in Schimidsdrift were never easy and they were living in tents since 1990. They were haunted by the fact that through the restitution process the Batlaping were claiming their land back. In 1995, Cabinet tasked the Department of Land Affairs to seek alternative land for the !Xû and the Khwe in Schmidtsdrift. Ultimately land at Platfontein was identified and an agreement to resettle the !Kû and the Khwe was reached.
Although the Departments of Land and Housing have begun the process of providing infrastructure and homes to the Platfontein community, the historical complexities of this displaced community of the !Xû and the Khwe pose immense problems on a social, economic and political level.
Whilst houses, according to RDP standard have been built, residents have refused to move into these houses, claiming that:
• The houses are of poor quality and incomplete.
• Dry sanitation methods are unacceptable to most people.
• Water to residents or 200m standpipes are not connected.
• Poor accessibility to health facilities.
The challenges noted by the councillors in addressing the concerns of this community are the following:
• The residents at Platfontein are resistant to any type of initiatives
by the Municipality. Many refuse to move into houses.
• The clinic built was vandalised and due to the reasons cited above,
the !Xû and the Khwe refuse to utilise the facilities provided.
It is therefore recommended that:
• Negotiations and mediation should be looked at as possibilities to
resolve the tensions in this community.
- Site visit to Lindani or Transit Camp within the Sol Plaatjie Municipality
Whilst the municipality is working toward settled households in this area, communities have been shifted from one area to another after six month. Whilst sanitation is perceived as the first priority, this issue is being viewed in isolation from other service providers, such as housing, etc. Therefore, one finds a fragmented, disjointed and incomplete housing project.
The councillors maintained that the dry sanitation system was a temporary one and as soon as the infrastructure was formalised, then water borne systems will be the norm in this area. Communities, however, complained of the unacceptability of the dry sanitation method.
The councillors maintained that the illegal occupations from people outside the community poses major challenges to their allocations. There is also a major problem with vandalism in this community.
It is therefore recommended:
• Councillors should fast track the building of houses for these
communities.
• An integrated approach between different sectors and departments
should be the norm in ensuring that communities receive all services
on time.
- Kgalagadi District Municipality
Statistics obtained from this district municipality revealed that with regard to:
• Household water supply: 78% of households have at least a basic
supply of water in respect of a distance of 200m or closer to their
homes.
• Sanitation: Basic sanitation is supplied to 58% of all households.
The challenges noted by the district municipality reflected the following:
• Household water supply: 10 380 households living in settlements and
towns do not have potable water within 200m from their homes
• Household sanitation: 19 628 households living in settlements and
towns are without basic sanitation facilities in 2005. By 2010,
another 6 101 new households will be formed that require services.
Another 757 households living on farms were without a basic sanitation
facility. By 2010, another 127 households will be formed. Acceptance
of dry sanitation in the arid Northern Cape requires attention,
especially in areas that do not have sufficient water resources.
Current reliable backlog data is lacking from some WSAs, as well as
the monitoring of backlogs as projects to address backlogs are being
implemented. To ensure sustainability, the planning of waterborne
sanitation must include the household facility, network, treatment
works and return of discharge to the environment.
- Site visits with officials and communities of the Gamagara Local Municipality and Ga Segonyana Local Municipality within the Kgalagadi District Municipality
The input from this visit revealed the following:
• The district municipality was identified by the President as a rural
node, and is a water scarce area. This may worsen in the future.
• There are two types of sanitation schemes, that of a prefabricated VIP
system and a self-build scheme.
• The progress on eradication of backlogs on sanitation was a problem in
this area, and only 53% of delivery was undertaken.
• This district municipality is also a cross boundary municipality
between the Northern Cape and North West, and poses a few challenges
in terms of service delivery.
• Due to its poor background, there are large backlogs in water and
sanitation delivery in this area.
- Siyanda District Municipality
Statistics obtained from this district municipality revealed that with regard to:
• Household water supply: 91% of households have at least a basic
supply of water in respect of a distance of 200m or closer to their
homes.
• Sanitation: Basic sanitation is supplied to 75% of all households.
The challenges noted by the district municipality reflected the following:
• Household water supply: 1 588 households living in settlements and
towns do not have potable water within 200m from their homes. Another
2 539 households living on farms are without a basic water supply.
Current reliable backlog data, other than the distance criteria, is
lacking. Backlog data of farms is reliant on the 2001 Census, while
the settlement data is current (July 2005). The cost and implications
of supplying water borne sanitation must be taken into account in the
planning and provision of water supply.
• Household sanitation: 7 766 households living in settlements and
towns are without basic sanitation facilities in 2005. By 2010
another 4 328 new households will be formed that require services.
Another 7 021 households living on farms were without a basic
sanitation facility, and by 2010, another 1 302 households will be
formed. Acceptance of dry sanitation in the arid Northern Cape
requires attention, especially in areas that do not have sufficient
water resources. Current reliable backlog data is lacking from some
WSAs, as well as the monitoring of backlogs as projects to address
backlogs are being implemented. To ensure sustainability, the
planning of waterborne sanitation must include the household facility,
network, treatment works and return of discharge to the environment.
It is therefore recommended:
• The issue of farm workers being able to access water and sanitation
facilities needs critical consideration. Negotiations and tax levies
on farmers could be one way of providing this service to farms without
a huge cost to the department or municipality.
• Databases need to be updated so that progress on delivery/non-delivery
is noted.
- Site visit with Mayors, Councillors, Project Leaders and community representatives of the Tsantsabane Local Municipality and Khara Hais Local Municipality within the Siyanda District Municipality
The input from this visit revealed the following:
• Sanitation facilities were made available to the communities, but as
yet, is not of working order.
• No proper training was given to the community on how to use sanitation
facilities.
• The disposal of waste from the sanitation facility posed a major
challenge.
- Site visit with the mayor, councillors, project leaders and community of Kai Garib at the Kakamas Area within the Siyanda District Municipality revealed the following:
The input from this visit revealed the following:
• In 2004.05, 11 bulk meters (zone meters) in Kakamas were installed to
determine water loss.
• The bulk water service for 89 erven in Aughrabies was installed.
Provision for another 22 stands were part of this project.
• Five hydrants for every block of 20 houses provided as most of the
houses are structures built with reeds or wood and are frequently
ravaged by fires/fire accidents.
• The UDS toilet projects that were recently completed comprised: 50
units in Aughrabies, 130 units in Alheit, 20 units in Lutzburg and 20
units in Cillier.
• Some residents are not utilising the UDS toilets in a proper manner,
which leads to smelly toilets.
• The residents are not maintaining and cleaning the toilets in the
correct way.
- Working for Water Project in the Upington Area
The workers on this project noted the following challenges:
• Payment is often delayed and people wait a long time for their
salaries.
• The training provided to effectively rid of alien species was
insufficient.
• The people charged with this project do not have the capability to
draft the exit policy.
• The issue of quality control has to be addressed.
• The quality of tools utilised for this project is not very good.
• Procurement and tendering to contractors for those projects need to be
evaluated.
Meetings and Site Visits
-
Eastern Cape
-
Department of Water Affairs and Forestry in King William’s town
The officials from the Department of Water Affairs and Forestry from King Williams’s town briefed the Committee members about how the visit would be conducted between the Department, Communities as well as Councillors in order to have a coordinated visit to the Province within OR Tambo and Chris Hani District municipalities. The official from the Provincial Department of Water Affairs and Forestry indicated to the members that the oversight visit to the Eastern Cape would be fruitful to both the Department and the members of the Community and also to the Members as well.
The leader of the delegation from the Committee, Ms Manana indicated that the main purpose of visit by the Committee was to see the progress and processes that were being done by the Department as well as the Municipality in service delivery pertaining to the sanitation, building of latrines and forestation. The Committee would also be informed about the challenges that the Community was being faced.
It is therefore recommended that:
• The Department of Water Affairs officials together with Councillors
would accompany the visiting members of the Portfolio Committee on
Water Affairs and Forestry.
• The Officials from the Department of Water Affairs and Forestry would
coordinate all activities on the oversight visit by the members of the
Portfolio Committee on Water Affairs and Forestry.
- Regional Directorate of Water Quality Management Department of Water Affairs and Forestry, Eastern Cape Region
The members had a short briefing with the Regional Directorate of Water quality management in the Eastern Cape Region. The members were informed about the state of Duncan Village in terms of sanitation, water and conditions of Section B and C in Duncan Village. One of the officials informed the members that the problem with Duncan Village was the bad conditions of roads, limited washing facilities, slow bucket toilets, blocking water supplies and blocking drains.
The official also indicated that the Department of Engineering services and Water Quality management in the Buffalo City Municipality had some interventions in order to deal with the issues that were facing the community leaving in Duncan Village in Sections B and C. The interventions that were being made by the Department were
• Awareness campaigns
• Livelihood based approach
• Making of toilet paper by the community
• Provision of food to the Community
It was therefore recommended that:
• The Members should visit the area so that to see as what was happening
in the area of Duncan Village Section B and C.
- Chris Hani District Municipality The members were briefed by the Mayor of Chris Hani District Municipality about the communication that exists between the Province, District and the local Municipalities in terms of service delivery. The members were briefed about the project that the Municipality was engaged in. The Mayor briefed the Committee about Shiloh Irrigation Scheme. Members were informed that Shiloh irrigation Scheme was a project where members of the community within the areas surrounding Peddie were involved in irrigation scheme.
Chris Hani District Municipality noticed that the project was deteriorating and it was not serving the purpose of providing people with water. The Municipality decided to repair and renovate Shiloh dam for the purpose of providing clean running water as well as for irrigation purposes within the surrounding rural areas. The Department of Water Affairs and Forestry were assisting the Municipality.
In 2003 the Municipality was involved in ploughing maize, potatoes and beans. These products were marketed in East London. Campaigns to provide clean running water within the municipalities were being intensified. The Mayor also raised an issue where an indication was made that Ukhahlamba District Municipality was implementing the water project that was supposed to be implemented by Chris Hani District Municipality. The issue or the process was not communicated to the Municipality concerned
Members wanted clarity as how many people are employed in the scheme and who was financing those employees. Clarity was also sought on which department were involved in the scheme. Concerning provision of clean running water members wanted to know how many rural villages that were affected. What was statistics information concerning sanitation. What campaigns was the municipality involved in environmental cleaning. It transpired that there were no exact figures as how many people were employed in the scheme since the people were working for themselves. Concerning the involvement of Departments in the scheme Departments of Agriculture, Water Affairs and Forestry and Social Development were identified. In regard to the villages that were not getting clean running water it emerged that 65% were not having access to clean running water and 70% were not getting sanitation
It was therefore recommended that:
• The issue of Water Project being provided by Ukhahlamba District
Municipality is investigated by the Chris Hani District municipality
and a report be made available to the Committee
• A detailed report on the state of affairs on the activities of the
Chris District Municipality will be made available to the Committee
Members for their information
- OR Tambo District Municipality
The major issues that the OR Tambo District Municipality was facing were the issue of providing water services to all municipalities that were forming part of the District Municipality. All Municipalities meter readings were not functioning properly except the one from King Sabata Dalindyebo. Another issue that was raised was the transfer of processing of timber from Highbury to Ugie. This had an effect in employment opportunities. The Municipality was not consulted when the process of transfer was made.
The OR Tambo District Municipality also raised an issue concerning uncooperative behaviour by the KSD Municipality in connection with the transfer of water and electricity services. Another issue that was raised was the issue of treatment of water in ponds at Prison. As there are overflow in the ponds the Directorate of the Engineering Services for KSD Municipality opened it into the river at night. A letter and a report were given to the Deputy Minister and the MEC for Local Government and Housing in the Eastern Cape for their consideration and attention and no response had been received as yet. The OR Tambo Municipality in rendering services to the Municipalities was experiencing a major backlog and the money that was needed was in the region of R2, 5 billion.
It was therefore recommended that:
• The issue of transfer of forestation from Umtata to Ugie is reported
to the Minister.
• That a meeting between KSD Municipality and OR Tambo be convened in
order to discuss the issue of overflow at Prison.
- Lukhanji Local Municipality
The problem that has been encountered by Lukhanji Municipality was the issue of housing in terms of coordination between the Consultants and the Municipality. The condition of road was also the matter that was of concern to the Municipality. Condition of roads make impossible for the Municipality to efficiently and effectively provide services to the Communities
It was therefore recommended that:
• That the Lukhanji Municipality must work in a coordinated effort with
the District Municipality so that the problems that were being
encountered are solved
7.6 Engcobo Municipality
The Municipality of Engcobo under Chris Hani District Municipality was experiencing the problem of electricity where many of the rural areas do not have electricity. The electricity supplier ESKOM promised to install electricity. But, later on came and indicate that there were no funds available. It further emerged that in the process of building of latrines members of the community were asked to pay for building sand and there was no money available.
The Community further informed the members that some areas were having hard rock and it’s difficult for the community to dig the required height of latrines. Concerning water provision it transpired that there was a tempering with water connections in that some of the community was involved in illegal connection of water. Further that water comes in and out and other locations are without clean water. The community was of the opinion that they were not informed about any new developments that affect the community
- Site Visits
8.1 Engcobo Municipality Water boreholes project
Members were also able to visit water borehole project during the visit to Engcobo Municipality. The water borehole project was done because it transpired that water was not enough to supply the people in the locality of Engcobo. Members were informed that that because of the long distance between the rural areas and the areas that were affected were Beyele, Qumanco, Lahlangubo and Lucecweni. The Municipality is commended for the initiative that the Municipality had undertaken in order to devise means and ways of providing clean running water. It is therefore recommended that:
• The Municipality must inform the community about any developments that
were happening and affecting the community.
• The members of the community must attend the community meetings in
order to be updated about any developments that affect them.
8.2 Buffalo City Ward 3 Sanitation Project
The Members visited Ward 3 within Amathole District Municipality. The Project that is involved in Ward 3 is building of latrines. The Project was started in 2004 and will end in March 2006. Project Steering Committee administers the Project with 15 women builders who were trained for 45 days.48 builders and 500 labourers are employed in the Project. In regard to operation 100 structures are build per month. Three structures were built per day and the cost is R2 100 for labour and material. After five- year period chemicals will be used to control overflow. Only concerns that were raised by the Community were that the progress was very slow and the Community was aware that suppliers of materials might cause the delay.
It was therefore recommended that:
• The municipality must interact with the suppliers so that deliveries
are made on time.
8.3 Buffalo City Ward 8 Sanitation Project
The Project that is involved in Ward 8 is provision of water to the community in Bongweni B Locality. The Reservoir has a water capacity of 540 000 kilolitres and is to operate soon. The Project would supply +-5000 people. The Project was financed by MEEG to a tune of R7 million and the budget ended on 30 June 2005. This amount of R7million had already been utilised and there was some further funds that will be needed in the region of +-R15 to 16 million in order to be able to supply entire Phase 1.The Community was only waiting for ESKOM to connect electricity probably by the end of September 2005.Meanwhile the local municipality was supplying the community with water tankers.
One of the Councillors who was briefing the Committee about Water Project in Thyefu indicated that the project started in August 2004 and was running smoothly. The main problem that was encountered by the community was the design structure of the Sandile dam. Further that the water tank that was supplying the community with water only came once and after 3 to 4 weeks and the water was not readily available to the most of the villages.
The Councillor informed the members that a sum of R4, 6 million was needed for the current financial year in order to complete supplying of water in Gcinisa and Ntsinekana localities being Phase 1. But the total amount that will be needed to cover all the villages will be R18 million including Phase 2. The projected finish is April 2006.The target that had been set by the government for supply of clean running water by 2008 will not be accomplished.
It was therefore recommended that:
• ESKOM be engaged in speeding up of connection so that water can be
provided.
- Buffalo City Ward 10 Sanitation Project
The problem that was faced by the community in Ward 10 in Sanitation Project was consultants and hard soil. It transpired that the consultants were involved in the Project in 2003 and was discharged in 2004 because of poor performance. Another problem was the soil type and this made somewhat impossible for the proper digging of latrine. Members were informed that another consultant has been appointed by the Regional Office and was waiting for approval
It was therefore recommended that:
• The issue of poor performance by the consultants in dealing with the
projects is referred to the Department of Water Affairs and forestry
for their attention.
8.5 Buffalo City Ward 12 Sanitation Project
Members visited Ward 12 and were informed that the Project of building latrines was started in 2003 to be completed in 2005. The problem that was encountered by the community was that the project is slow, no training was done, material shortage is also rife, and consultants are not available when needed to clarify certain issues. Another problem that the Community experiences was the fact that the consultants submit false reports to the Department of Water Affairs and Forestry indicating that a certain number of latrines had been completed yet the number on the ground is not the correct one. For example a report was given that 1400 latrines had been build whereas in the true sense only 120 had been completed.
8.6 Buffalo City Duncan Village Cleaning and Sanitation Project
The Duncan Village locality was encountering problem of bad conditions wherein 220 people were using 1 toilet, limited washing facilities, water supplies were blocking as well as drained system was not working, Members also observed the dirtiness in Duncan Village. The leader of the project addressed the Committee members about the work that was done by the volunteers as well as the problems that the volunteers were experiencing. The volunteers indicated that they were not working and they don’t have protective clothing in order for them to work. The volunteers also informed the members that they would like to get some incentives for the work that they were doing, as they were unemployed.
It was therefore recommended that:
A meeting is held with the Department of Engineering Services and Water management within the Buffalo City Municipality so that the issue of protective clothing is discussed.
8.7 Katberg Forest
The Committee Members, Officials from DWAF and Councillors from Amathole District Municipality visited Katberg forest. The members were briefed by the official who was in charge for the forest operation in Katberg. The area in Katberg in terms of forest plantation was that in Katberg there were 1600 hectors of area, Glen Can 1190 hectors Benholm 443 and Mankazana 190 hectors
Members were informed that trees that were planted there were:
• Pines species.
• Gum trees.
• Selling of poles at Mankazana plantation .
The members were also informed that everything was going well in the Forests at Katberg. Members were concerned about the name of the forest being Kat berg
It was therefore recommended that:
• The name of Katberg is changed, as it was not reflecting the present
dispensation.
8.8 Tyume Sawmill
Members were briefed by the owner of Tyume Sawmill who informed the members that the Sawmill started operating in 1982 from Carthcath. The Sawmill had a staff component of 50% men and women with 86 permanently employed and 70- employed temporary. In terms of the production the company produces 100 to 150 cubic meters of cutting per day. The production that was involved in Tyume is making of Windows, doors, ceiling materials and also other building materials.
The only concern raised by the Tyume Sawmill was that there was no cooperation between the small and big Sawmills.
The work that is being than by the owner of the Sawmill in terms of offering jobs to the local authority be commended.
- Shiloh Irrigation Scheme The Committee members visited Shiloh irrigation scheme in Peddie. Members were able to see building of the pump station, which after completion would be able to pump water to another dam, which was being built, within Shiloh area. The project was started in April 2005 and would be completed in March
- In the project there were 37 unskilled personnel who are employed. In terms of budget allocation the members were informed that R14 million had been provided.
Overall Recommendations
South Africa is a long way through developing new policies following national and globally recognised best practices. However, the evolving water reforms that includes decentralisation, and the emergent problems encountered, also requires innovative strategies in reform, regulation and support for effective water services provision. A number of interventions and best practices that need to be addressed and reflected in water policy, law, institutions and management, internationally and nationally, reveal that the following is needed for the efficient functioning of water service institutions and their viability in rural and urban areas:
• Basic principles such as equity and efficiency in water distribution
and allocation, water administration based on catchments, the need for
holistic and integrated management approaches, the need to balance
water use between socio-economic uses and uses to maintain ecosystem
integrity.
• Clarification of the roles of the government, civil society and the
private sector and their responsibilities regarding ownership,
management and administration of water resources. Under this theme,
the following should be included:
o Absence of conflicting water rights legislation.
o Effective mechanisms for intersectoral dialogue.
o Economic incentives.
o Mechanisms for the participation of the community or other
stakeholders.
o Role of women in water management.
o The effects of vested interest.
o Mechanisms for coordination and conflict resolution.
At a practical level, and more particularly in the case of South Africa, practical management instruments should be developed to assist water managers. The importance of IWRM lies in selecting, adjusting and applying the right mix of tools for a given situation. Five categories, according to the United Nations Department of Economic and Social Affairs publication, Governing Water Wisely for Sustainable Development[2], deserve special attention:
• Water resource assessment: comprising data collection networks,
environmental impact assessment techniques and risk management tools,
for example, for floods and droughts.
• Communication and information: raising awareness is often a potent
instrument for improving management, particularly when accompanied by
opportunities for informed stakeholder participation.
• Tools for water allocation and conflict resolution: allocation could
be done through a mix of regulatory and market instruments based on
valuation of costs and benefits; and conflict resolution tools could
provide guidance on issues of upstream versus downstream, sector
versus sector and human versus nature.
• Regulatory instruments: including direct controls such as land use
plans and utility regulation, as well as economic instruments (prices,
tariffs, subsidies and others) and encouragement of self-regulation,
for example, by transparent benchmarking.
• Technology: both new and traditional technologies might provide scope
for progress, within the water sector as well as in others that affect
water demand.
Integrated management will need to tackle sectoral agencies protecting their traditional roles and responsibilities, as well as the problems of overlapping or conflicting legal mandates and responsibilities. The limited array of senior and powerful advocates for the concept of IWRM make it difficult to alter the well-entrenched existing water governance systems, which tend to reflect sectoral approaches.
As water-related services are extended to promote public health and food production, uncoordinated institutions can be confusing and lead to water resources depletion. It is equally alarming that in many countries, a large number of water supply and sanitation projects and water management policies continue to be developed in isolation from each other.
Effective water governance requires change in attitudes and behaviour among individuals, institutions, professionals, decision-makers – in short, among all involved. Participation by the public or stakeholders is an important tool in implementing such changes as it facilitates more informal decision- making and eases conflict resolution. It can also guarantee that voices of relatively powerless groups, such as women and indigenous people, are heard. Participation offers people the opportunity to meet their responsibilities, as well as the opportunity to claim their rights.
Key aspects of sustainability include empowerment of local people, self- reliance and social justice. These reflect concern about principles of equity, accountability and transparency. One way to incorporate these principles into real-life management is to move away from conventional forms of water governance, which have usually been dominated by a top-down approach, and professional experts in the government and the private sector, and move towards the bottom-up approach, which combines the experience, knowledge and understanding of various local groups and people.
Report to be considered.
- Correction of Report – PC on Housing
The Interim Report of the Portfolio Committee on Housing on the Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill [B 11 - 2005] (National Assembly - sec 75) (published in the Announcements, Tablings and Committee Reports of 2 November 2005, p 2491), contained an error in the opening paragraph. It should have read:
The Portfolio Committee on Housing, having considered the subject of
the Prevention of Illegal Eviction from and Unlawful Occupation of
Land Amendment Bill [B 11 - 2005] (National Assembly - sec 75),
referred to it and classified by the Joint Tagging Mechanism as a
section 75 Bill, begs to report the status of the Bill as follows:
[1] Overview of Functions of Water and Sanitation provided for in a paper prepared by Atkinson D. van der Watt T and Fourie W, entitled, Role of District Municipalities, 25 September 2003 [2] United Nations Department of Economic and Social Affairs publication, Governing Water Wisely for Sustainable Development