TUESDAY, 8 MARCH 2005 __

            PROCEEDINGS OF NATIONAL COUNCIL OF PROVINCES

                                ____

The Council met at 14:15.

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

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000. QUESTIONS AND REPLIES – see that book

                          NOTICES OF MOTION

Mr M A MZIZI: Chairperson, I hereby give notice that on the next sitting day of this House, I shall move on behalf of the IFP:

That the House -

(1)    notes with shock that  a  28-year-old  man  who  had  just  been
     sentenced to 12 years’ imprisonment in the Daveyton regional  court
     in Ekurhuleni, managed to evade three court orderlies and smashed a
     glass and then stabbed the prosecutor in the back of his head;


(2)    acknowledges that the safety of court officials as well  as  the
     public is non-negotiable and that this  incident  should  not  have
     happened;


(3)    calls upon the relevant authorities to thoroughly investigate
     this incident to ensure that our courts are safe and there is not a
     recurrence of this type of incident; and


(4)    wishes the prosecutor who was stabbed a speedy and full
     recovery.

Ms S S CHEN: Chairperson, I hereby give notice that I shall move on the next sitting day of the House:

That the House -

 (1)    notes that the 11th Joint Conference of the World Taiwanese
     Chamber of Commerce and the Africa Taiwanese Chamber of Commerce
     took place at the Ceasars Convention Centre in Johannesburg on 6
     and 7 March 2005;


 (2)    further notes that many investors and potential investors were
     concerned at the lack of valuable information about incentives and
     requirements related to black economic empowerment when doing
     business in South Africa;
  3) calls on the Department of Trade and Industry to work harder to
     inform all current and potential investors of the legal
     requirements for doing business in this country in order to
     encourage more investment and the creation of jobs.

Ms S J LOE: Chair, I hereby give notice that on the next sitting day of the Council I shall move:

That the House –

 (1)    notes -


     (a)     the criticism levelled by the New York Times at President
           Thabo Mbeki's approach to Zimbabwe and the contrast it draws
           with Nigerian President Olusegun Obasanjo's swift response
           to Togo;


     (b)     that whereas five years of quiet diplomacy have failed to
           make any impact on Zimbabwean President Robert Mugabe or his
           Zanu-PF regime, the strident criticism and diplomatic
           isolation of Togo by the Economic Community of West Africa
           produced the desired outcome within days;


 (2)    further notes that, despite President Mbeki's assurances to the
     contrary, all but one of the SADC election protocols have been
     breached by Robert Mugabe's government; and


 (3)    therefore urges President Mbeki to inform himself of these
     breaches of the SADC protocols and to take a tougher stance on
     Zimbabwe.

[Interjections.]

   CONGRATULATIONS TO THE SAPS ON ARREST OF DRUGLORDS IN KIMBERLY


                         (Draft Resolution)

Mr M A SULLIMAN: Chairperson, I move without notice:

That the Council-

(1)    notes the year-long investigation by the South African Police
     Service's Organised Crime Prevention Unit into drug-dealing in the
     region of Kimberley;


  2) notes that the investigation resulted in the arrest of 24 alleged
     druglords over the past weekend;
  3) further notes that these alleged criminals will be brought in
     front of the courts today, 8 March 2005; and

 (4)    congratulates the South African Police Service for their hard
     work in ridding our society of the evil of drug-dealing and
     trafficking and in so doing, creating a safe social space in which
     our children and youth can develop themselves for a brighter
     future.

Motion agreed to in accordance with section 65 of the Constitution.

        MULTIPARTY DELEGATION TO OBSERVE ZIMBABWEAN ELECTIONS

                         (Draft Resolution)

The ACTING CHIEF WHIP OF THE COUNCIL: Thank you, Chair, I rise to move the motion printed on the Order Paper in the name of the Chief Whip, namely:

That the Council, noting that Zimbabwe is holding elections on 31 March
2005, resolves, subject to the concurrence of the National Assembly,
that -

  (1)   the South African Parliament send a 20-member multiparty
       delegation to observe these elections;

    2) the delegation observes the campaign in the run-up to the
       elections, the casting of votes and subsequently the counting of
       the votes; and


   (3)  the delegation presents a full report to Parliament on its
       return.

The CHAIRPERSON OF THE NCOP: There is no speakers’ list. I shall now put the question. The question is that the motion be agreed to. As the question is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber to cast their votes. Are they all present? Why is your hand up now, Baba Mzizi?

Mr M A MZIZI: I don’t see the motion written anywhere, sir. I am afraid this would be like a pig in a poke.

The CHAIRPERSON OF THE NCOP: The motion is on the Order Paper.

Mr M A MZIZI: No, there is nothing here.

The CHAIRPERSON OF THE NCOP: Here it is. It is on the Order Paper. Just look at the Order Paper. Okay.

In accordance with section 71 I shall first allow provinces an opportunity to make their declarations of vote if they so wish. Is there any province wishing to do so? No. Then we shall now proceed to the voting on the question. We shall do so in alphabetical order per province. Delegates must please indicate to the Chair whether they vote in favour of, against or abstain. Eastern Cape?

Ms B N DLULANE: Eastern Cape supports the motion.

The CHAIRPERSON OF THE NCOP: Free State?

Mr T S SETONA: Free State supports the motion.

The CHAIRPERSON OF THE NCOP: Gauteng?

Ms N M MADLALA-MAGUBANE: Gauteng supports the motion.

The CHAIRPERSON OF THE NCOP: KwaZulu-Natal?

Mr Z C NTULI: KwaZulu-Natal supports.

The CHAIRPERSON OF THE NCOP: Limpopo?

Kgoshi L M MOKOENA: Limpopo re a dumela mohlomphegi. [We support, sir.]

The CHAIRPERSON OF THE NCOP: Mpumalanga?

Mr J B TOLO: [Supports.]

The CHAIRPERSON OF THE NCOP: Northern Cape?

Mr K SINCLAIR: Northern Cape supports.

The CHAIRPERSON OF THE NCOP: North West?

Mr Z S KOLWENI: North West supports.

The CHAIRPERSON OF THE NCOP: Western Cape?

Mr F ADAMS: Wes-Kaap steun. [Western Cape supports.]

The CHAIRPERSON OF THE NCOP: All nine provinces voted in favour. I therefore declare the motion agreed to in terms of section 65 of the Constitution.

Motion agreed to in accordance with section 65 of the Constitution.

RATIFICATION OF DECISION BY THE JOINT SUBCOMMITTEE OF THE JOINT PROGRAMME COMMITTEE ON 23 FEBRUARY 2005, IN ACCORDANCE WITH JOINT RULE 216(2), THAT THE DIVISION OF REVENUE BILL BE FAST-TRACKED

The CHAIRPERSON OF THE NCOP: There is no speakers’ list. I shall now put the question. The question is that the decision be ratified. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber to cast their provinces’ votes. Are all the delegation heads present? You have just voted; I hope you are all present.

In accordance with Rule 71, I shall first allow provinces an opportunity to make their declarations of vote if they so wish. Is there any province that wishes to do so? None.

We shall now proceed to the voting on the question. We shall do so in alphabetic order per province. Delegation heads must indicate to the Chair whether they vote in favour of, against or abstain from voting. Eastern Cape?

Ms B N DLULANE: In favour.

The CHAIRPERSON OF THE NCOP: Free State?

Mr T S SETONA: In favour, Chair.

The CHAIRPERSON OF THE NCOP: Gauteng?

Ms N M MADLALA-MAGUBANE: In favour, Chair.

The CHAIRPERSON OF THE NCOP: KwaZulu-Natal?

Mr Z C NTULI: KwaZulu-Natal i ya vhumelana. [Kwazulu–Natal supports.]

The CHAIRPERSON OF THE NCOP: Limpopo?

Kgoshi L M MOKOENA: Limpopo i kho tendelana. [Limpopo supports.]

The CHAIRPERSON OF THE NCOP: Mpumalanga?

Mr J B TOLO: Supports.

The CHAIRPERSON OF THE NCOP: Northern Cape?

Mr K SINCLAIR: Northern Cape supports.

The CHAIRPERSON OF THE NCOP: North West?

Mr Z S KOLWENI: Ke ya rona. [We support.]

The CHAIRPERSON OF THE NCOP: Western Cape?

Mr F ADAMS: Wes-Kaap steun. [Western Cape supports.]

THE CHAIRPERSON OF THE NCOP: All nine provinces have voted in favour. I therefore declare the decision agreed to in terms of section 65 of the Constitution.

Decision accordingly ratified in accordance with section 65 of the Constitution.

CONSIDERATION OF REPORT OF RULES COMMITTEE OF NATIONAL COUNCIL OF PROVINCES

The CHAIRPERSON OF THE NCOP: As there is no speakers’ list, I now put the question, and the question is that the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber to cast their votes. Are the delegation heads present? Yes, they are. According to rule 71 I shall first allow provinces the opportunity to make their declaration of vote if they so wish. Is their any province that wishes to do so? None. We proceed to the voting on the question. I shall do so in alphabetical order. Delegation heads must please indicate to the Chair whether they vote in favour of, against or abstain. Eastern Cape?

Ms B N DLULANE: In favour.

The CHAIRPERSON OF THE NCOP: Free State?

Mr T S SETONA: Free State votes in favour.

The CHAIRPERSON OF THE NCOP: Gauteng?

Ms N M MADLALA-MAGUBANE: In favour, Chairperson.

The CHAIRPERSON OF THE NCOP: KwaZulu-Natal?

Mr Z C NTULI: KwaZulu-Natal i ya vhumelana. [Kwazulu–Natal supports.]

The CHAIRPERSON OF THE NCOP: Limpopo?

Kgoshi L M MOKOENA: Limpopo i kho tendelana. [Limpopo supports.]

The CHAIRPERSON OF THE NCOP: Mpumalanga?

Mr J B TOLO: Ke ya rona. [We support.]

The CHAIRPERSON OF THE NCOP: Northern Cape?

Mr K SINCLAIR: Northern Cape supports.

The CHAIRPERSON OF THE NCOP: North West?

Mr Z S KOLWENI: In favour.

The CHAIRPERSON OF THE NCOP: Western Cape?

Mr F ADAMS: Wes-Kaap ondersteun. [Western Cape supports.]

The CHAIRPERSON OF THE NCOP: Nine provinces voted in favour. I therefore declare the report adopted in terms of section 65 of the Constitution.

REPORT ACCORDINGLY ADOPTED IN ACCORDANCE WITH SECTION 65 OF THE CONSTITUTION.

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON EDUCATION AND RECREATION ON STUDY TOUR TO MPUMALANGA

Mr B J TOLO: Chairperson, hon Minister and hon members, in our endeavour to fulfil one of our constitutional mandates, that of oversight over provinces, our Select Committee on Education, Science and Technology, Arts and Culture and Sports and Recreation undertook a visit to Mpumalanga last year at the end of August and the beginning of September.

We wanted to get insight and first-hand information as to how the province implements laws, policies and programmes of government in the field of education in order to better the lives of the people of that province. We wanted to do so with the aim of putting on the national agenda problems and challenges that face the province. That is what we are doing now!

In doing our oversight work we met with departmental officials both at provincial and regional levels. They adequately briefed us on the education situation in Mpumalanga. They did not only highlight problems, but also told us of plans that would help them to solve such problems.

Having listened to them, we also deemed it fit to visit some schools to get practical experience of the most important stakeholders, the principals and teachers on the ground. They were also very frank in discussing their successes and frustrations.

The report we are tabling today in this House will show that we visited schools in the three regions of Mpumalanga within a week. You will agree that a week is not a long enough time to give a conclusive report on the situation in a province as vast as Mpumalanga.

The conclusions we have arrived at cannot and should not, therefore, be taken as a 100% representation of the facts in the whole province, but rather as more or less a fair reflection of the situation in the education field.

Some of the issues to which we paid special attention are as follows: The National School Nutrition Programme, Early Childhood Development, education for learners with special educational needs, adult basic education and training, school infrastructure and staffing in schools. My colleagues who will speak in this debate will discuss these issues in some detail, whilst I will skim over some of them.

We want to hasten to say that Mpumalanga, like any other phenomenon, has both sides of the coin when it comes to education. We must also say, without fear of contradiction, that the positives by far outnumber the challenges. The majority of teachers and officials are hard at work to mould the children that parents have entrusted in their care in order for them to become complete personalities who will contribute positively to building our beloved country. They are doing so despite the fact that the province has got very meagre resources at its disposal. We are therefore arguing for an increase in the equitable share of the province in order to improve the conditions under which they are working.

We want to urge the Minister to use her influence in the province so that education is allocated more resources, whilst, of course, we are mindful of the competing needs of the province.

Amongst the schools that we visited in Mpumalanga there are some, such as KwaMagugu Inclusive School, Bukhosibethu and Bongokuhle in the Nhlanzeni region, as well as George Hofmeyer, which is a special school in the Gert Sibanda region. These struck us as well-run schools. They may not be perfect, but the lesson we learnt is that there is nothing that beats good administration and co-operation with the community in the running of schools. We believe that if a school is properly administered the battle is half won.

We also had an opportunity to address teachers in some schools. We are of the view that teachers, like anybody else, need recognition and that if an opportunity arises they need to be recognised and motivated. Our reading of the situation is that they appreciated this very much.

However, we also want to highlight some of the challenges that we picked up in that province. These, amongst other things, prevent the department from optimising its input. The first is infrastructure. This seems to be a serious problem in that province. Although the department said that there were no children learning under trees, there is a serious shortage of classrooms and, therefore, there are children learning under trees, but, of course, not in the literal sense. Overcrowding is a norm rather than an exception to the rule.

The administration itself confessed that there is a backlog of about 4 053 classrooms, which will cost the province about R549 million to overcome; there are about 1 482 toilets that need to be built, at a cost of R14 million; 1 563 libraries at a cost of R265 million; 429 laboratories, at a cost of R72 million; 921 administration blocks at a cost of R502 million; 995 schools that need to be electrified at a cost of R129 million; and 406 schools that need water at a cost of R52 million. All in all, the province will need about R1,6 billion to deal with just the backlog, let alone maintenance and new needs.

In some schools parents have contributed money to build new classrooms. We want to commend them for having the education of their children at heart. Although this is a burden to these parents as they are poor, it is a sacrifice they are prepared to make for their children to taste the Pierian Spring.

Scholar transport is another sore point in that province. It is even more serious when mentally challenged and deaf learners travel long distances in the rural areas of Enhlanzeni to go to an inclusive school in KwaMagugu around Nelspruit. These kids rely on public transport, which drops them about a kilometre away from the school, and they have got to walk for a kilometre to be able to access the school. We believe strongly that transport for these kids needs to be prioritised.

The government has a policy that when schools are built sports facilities, such as soccer fields and the like, are to be included within the school premises. Unfortunately, these policies seem not to be followed at all times. Upon enquiry we are told that municipalities have allocated small plots for schools. We think the department must engage municipalities in this regard so that when town planning is done this important policy position is taken on board. Other problems seem to be subjective and, therefore, can be sorted out depending on the willingness of the officials. When we went to Mpumalanga last year there was a vacancy rate of 33% of the public servants in terms of education. Yesterday we phoned the department to try and find out whether the situation has improved or not. The new statistics that they have given us are as follows: The current vacancy rate of educator posts in the offices is 16%; the current vacancy rate for noneducator posts in the Public Service stands at 26,4% and in the regional offices at 24,5%.

It is our considered view that the system will not be in a position to run optimally when so many posts are actually vacant. The situation needs to be turned around, given that all these posts that are vacant are budgeted for.

Too much centralisation of power and functions can work against the system. It allows for lots of red tape, which we think can be done away with. Tenders for provision of infrastructure is centralised and controlled from Nelspruit. To illustrate this I want to sketch the following scenario.

We visited a school called Thuto Thebe in Standerton. It is relatively new, but the toilets are not functioning. Upon enquiry, we were told that they did not know where the contractor was who built the school, because they were told that he was from somewhere in Polokwane, Limpopo. We also enquired from the regional director, who could not help either as he did not know anything about the person who built the school. [Time expired.] I want to table this report before the House, thank you. [Applause]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P Hollander): Hon Chairperson, the hon Minister of Education, hon members, comrades and friends, we find ourselves in the second decade of democracy during which we continue to build on the foundation that was set up in the first decade of freedom. This second decade of democracy requires a different focus. We must work harder at implementing legislation and policies that we set up during the first decade.

Our focus requires us to do much more oversight work. The consideration of this report allows me to share some ideas about oversight as it emerges from the study tour to Mpumalanga. I want to deal specifically with what it is that we are doing when we are considering reports such as this one. My comments are concerned with how parliamentary oversight work relates to the struggle of the people whose lives have to be improved in our provinces, regions, municipalities, cities, townships and rural villages.

When we first visited these areas where our people live, work and learn, we did what our constituencies mandated us to do. We got the power to check on delivery and implementation from the people who voted for us. Each one of these children, parents, grandparents, teachers and workers empowered us to do our duties. That is the first aspect of the essence of the second decade of democracy that I want to emphasise.

The second related aspect is perhaps a more foundational aspect of our democracy. We find ourselves at the important juncture of our young democracy; during the first decade we repealed racist legislation and policies that decimated our people and country. We replaced them with the Constitution and legislation that is the foundation for the development of all people, no matter what their social class, race, religion, culture or level of education is. Our Constitution urges and allows us to engage with government leaders at national, provincial and municipal levels.

It urges us also to engage with civil society - our grandmothers, grandfathers, mothers, fathers and children, no matter where they live or what their social status is. When we do our oversight work it is a combination of the people’s mandate and the Constitution that empower us to oversee whether our legislation is realising the vision of transforming this country.

When we go out to provinces, regions, villages and institutions, we have an objective of gathering first hand knowledge of how our legislation and policies are being implemented. Importantly, though we embark on these oversight tours, we must remain committed to the history and context that strengthen our collective resolve to better the lives of our people. We must do our oversight work with the proper historical perspective that our Constitution is firmly based on the struggle for freedom to participate in the processes of democratic governance at all levels of government.

The generations of illustrious leaders - woman, men and youth - led the long struggle in which our people were historically engaged. The vision along which we transform our country is enshrined in the Freedom Charter. This vision remains the map that charts our road to a developed, united nation of South Africans. It guides all our democratic processes of transforming our provinces, regions, cities and villages.

During this second decade of all people we must be assisted and empowered to participate actively in all spheres of our democracy. This is something we as parliamentarians and government leaders must never be complacent about. In considering this report we must be vigilant and ensure that we remain true to the spirit, ethos and principles of democracy that were forged through the fire of the struggle to be free to participate in our democracy.

In conclusion, I want to make a few points about co-operation, integration and the appropriate skills and abilities that are important if you work across governmental and sectorial spheres. These are issues that emerged from the report. Members of the select committee who have been part of the study tour can deal with specific issues, as they experienced it firsthand. I am aware of how difficult this work is. It is difficult because a tour such as this one means that the implementation of laws of a wide range of government sectors is being checked on.

In the case of the study tour it ranges from education, sport and recreation to arts and culture. That means that a wide range of different institutions and areas needs to be covered. In addition, the implementation of these laws involves the co-operation of different levels of government; national, provincial, municipal and institutional. It is especially at the level of the institution that ordinary South Africans - parents, teachers, learners and local stakeholders - have to be actively involved in the implementation of our new laws - specifically at the level of our schools.

Importantly, when we as parliamentarians from the National Council of Provinces visit these institutions, it is on whether and how much co- operation and democratic participation of private citizens in state-funded institutions takes place that we focus.

The reflection in this report is indeed on that as well. When the report notes the challenge of training parents to assist in the governing of schools, Abet centres and ECD sites, one has to commend the citizens of Mpumalanga, our leaders in the provinces and municipalities and our parents, teachers and local stakeholders who remained patriotic and committed to transform our society. As the report notes, there are indeed challenges that must be overcome. However, these are not merely noted, they are being addressed by programmes in which all people need to be involved.

I am pleased to note the efforts of provincial authorities to integrate HIV/Aids awareness through programmes at adult basic education and training centres across the province. Furthermore, the department of culture, sport and recreation in co-operation with the department of education are hard at work at encouraging the participation of girls, athletes with disabilities and people from disadvantaged rural communities in a variety of sports codes.

This is encouraged through the SA Games, the Siyadlala - We Are Playing programme, and the Mpumalanga-Maputo youth games. The latter involves a memorandum of understanding between the Premier of the province and the governor of Maputo, which promotes sports and recreation between the two provinces from 2003 to 2005.

The report is testimony to the hard work of the people of Mpumalanga with regard to education, sports and recreation, and arts and culture. I mentioned these different examples from the report to point out the crucial ingredients of integrating different programmes and co-operation across different spheres of government. I commend the hon members of the Select Committee on Education and Recreation for their hard work. Ke a leboga. I thank you.

Mna O M THETJENG: Modulasetulo, Mokhuduthamaga wa Thuto ya Bosetšhaba, re a leboga; bahlomphegi ka kakaretšo re a le leboga. Thuto ka Mpumalanga yona e gare e tšwela pele le ge go nale tšeo e lego gore di fela di ema mo tseleng. Bana dijo ba a di hwetša le ge mathata a le gona. Dikolo le tšona di ile ka mehuta e fapaneng; tša magaeng, dipolaseng le metse-setorong, bjalobjalo. Bontšhi bja dikolo tša magaeng le tša dipolaseng ke tšona tšeo di holegago kudu ka ge bontšhi bja tlala bo atile gona mafelong ao ke šetšego ke a badile.

E reng ke sware ye ya kabo ya dijo ga nnyane: bana ba ja matšatši a mararo mo bekeng bakeng sa matšatši a mahlano. Porofense e lla ka gore tšhelete yeo e abetšwego ga se ya lekana. Motho o ipotšiša gore na mašeleng ao a beakantšhwego ngwageng wo fetilego wa ditšhele ba ile ba kgona go a šomiša ka moka ga on na? Ge a šetše, ke ka lebaka la eng ba sa ka ba bona go le bohlokwa go kgopela go e šomiša mo phepong ya barutwana? Kabo ga ya swanela go bušetšwa morago ka ge seo se laetša go hloka tsebo ya tšhomišo ya mašeleng.

Dikolo tšeo di nyakago thušo ya tšhoganyetšo ke tšeo di leng dipolaseng. Dikolo tše di na le mathata; botšhwelamare mabakeng a mangwe ga bo gona, meetse a a hlokega le ditlabakelo tše dingwe tšeo di dirago gore thuto e be bonolo ga di gona. Mmušo wa porofentshe le beng ba dipolase ba hlohleletšwa go swarana mmogo mo thlabollong ya dikolo tše. Go na le go se kwešišane mabapi le tshaenelo ya ditumelelano tša tšhomišo ya ditlabakelo. Baemedi ba mmušo ba re borapolase ba gana go saina tumelelano le bona mabapi le dikolo tšeo di leng ka dipolaseng tša bona. Mabakeng a mangwe go kwagala gore mmušo o tšea nako ye telele go patela tšhomišo ya ditlabakelo mo dipolaseng. Go ka ba kaone ge mmušo o ka raloka karolo ya wona ka nako go direla gore borapolase ba seke ba ikhwetša ba šomiša mašeleng a malapa a bona mola mmušo o swanetše gore o tšee karolo ya gore o patelele karolo ya dithuto tša bana ba rena.

Bothata bjo bongwe ke bja thlokego ya dinamelwa tša go iša barutwana dikolong. Go na le thlokego ya dinamelwa tša bohle tšeo di ka thušago go tšea barutwana mo ba dulago gona go ya dikolong. Ba bangwe ba batswadi ba ithaopile go thuša go rwala bana ba ba iša dikolong empa bothata bjo bogolo ke bja gore ga ba patelwe, ba fihla mo elego gore dinamelwa tša bona di palelwa go lekolwa gore di kgone go tšwela pele go dira mošomo. Ke kgopelo hle, gore mmušo a o loge leano la gore thušo ye ya batswadi ye ba e fago mmušo, le mmušo o leke go ba hlatswa matsogo gore mošomo wo wa go iša bana dikolong o tle o be bonolo. Ke a mangwe a mathata ao e lego gore ka Mpumalanga a humanegile.

Re na le bothata bjo bongwe gape bjago agiwa ga meago. Sekolong sa Thuto Thebe, go tlogetšwe botshwela-mare bo sa fela mola moagi a patetšwe tšhelete e bile a feleleditšwe. Go tla bjang gore moagi a lefelwe mašeleng ka moka mola mošomo o sa fela? Bašomedi ba mmušo ba swanetše go dira mošomo wa bona ka potego le botshepegi ka gore ga gwa swanela gore motho a lefelwe mašeleng a saka a fetša mošomo wa gagwe, ka gore botshwela-mare bo gona bo eme empa ga bo a fela e bile bana ba palelwa ke go bo šomiša.

Go na le tše botse tšeo di nwenwedišago motho, go swana le sekolo sa Gert Hormeyer se swanetšwe ke go retwa le go phaphatelwa magoswi mabapi le mešomo e mebotse yeo se e tšweletsago mo go barutwana. E kare dikolo tše dingwe di ka ba mohlala go swana le sona. Barutwana bao ba hlokofaditšwego ba hwetša thušo ya makgonthe ge ba fihla sekolong se, ga ba hlapelwe matsogo bare le tšwa moo le sokolago gona moo le se humanego thušo, mo sekolong se le ka seke la be la e humana. Ke duma ge dikolo tša Mpumalanga tse di lego gona di ka tšea mohlala mo sekolong se.

Go sa nale fao barutwana ba tsenago sekolo ka go šielana diphaphoši polatoning. Sekolong sa Thuto Thebe gona fao, go tloga go nyakega diphaphoši tšeo di ka kgonago go efola bothata bjo. Se, se ra gore go sa ntše go na le bothata bja hlokego ya diphaphoši tša go abela thuto. Thuto ke bohwa bja setšhaba se sengwe le se sengwe seo se ratago go tšwelela pele. Baswana ba boletše ge ba re “mankotla o ja mphufutšo wa thaka tša gagwe”.

Batswadi ba gare ba a katanane e le ge ba katanela bana ba bona, tabakgolo e le yona thuto. Motswadi yo mongwe o na le lehutšo la gore ngwana wa gagwe a holege mo thutong. Ke mang yo a ratago ge ngwana wa gagwe a tliwa phaphi ke thuto le yona thlabollo?

Seemo sa Mpumalanga se nyaka ? kudu ka gore Mokhuduthamakga wa Thuto re na le yena mamothla fa, gore ga eke se elwe šedi, bana ba ye go fiwa dijo, ba fiwe go tlogela ka mošopologo fo fihla ka labohlano ka baka la gore dijo tše di direla gore bana ba ge ba tsena ka mo diphaphošing, ba hwetše ba sa swarwa ke tlala.

Ebile, go nale polelo ya gore matšatši ao ba sa humanego dijo, bana ba bantšhi ga ba tla sekolong ka baka la gore ba lemogile gore ge ba etla sekolong ka tšatši lewe ga go jewe ka fao ba swanetše ba ye gae ba itulele ya ra gore taba ye ya phepo ya bana dikolong ke taba ye botse ye elego gore e dira le gore bana ba kgone go tla dikolong ka thlotleletšo ya gore ba ka seke ba bolawa ke tlala.

Seo, re a se kgopela bjale ka ge seboledi mo pele ga rena se boletše gore go nyakega thušo ka Mpumalanga. Go fahliwa go tla no ba gona empa tše re di boletšego fa ke tše re kgopelago gore a nke di elwe šedi moo dikolong tšeo. Tšeo re di filego ke mehlala feela, empa tše dingwe le tšona di santše di nyaka thušo mo. Ke a leboga mohlomphegi. Morena. (Translation of Sepedi speech follows.)

[Mr O M THETJENG: Hon Chairperson, MEC of Education, I thank you. Hon members at large, thank you. In Mpumalanga education is still going on despite the issues that are standing in the way. The learners get food, even though there are problems here and there. There are different schools, rural, farm and urban schools, etc. The rural and farm schools benefit the most as poverty exists in those areas, as I have already mentioned.

Let me touch a little on the issue of the provision of food to learners only three times instead of five times a week. The province complains of an insufficient budget that was allocated to them. You then ask yourself if all the funds allocated for the previous year have been exhausted. If there were some funds left, why didn’t they apply to use it for the learners’ food? Budget allocations should not be returned unused, as that indicates how unskilled people are in the utilisation of funds.

The schools that require emergency assistance are those on the farms. Those schools have problems; some do not even have toilets. There is no water or other basic necessities that make education run smoothly. The provincial government and the farm owners need to stand together to improve these schools. There is a misunderstanding with regard to the signing of the agreement on access to facilities. Government representatives say farm owners are reluctant to enter into agreements with them in connection with the schools on their farms. In some instances it is said that the government takes too long to pay for the use of facilities on the farm. It would be better if the government played its role and paid on time so that farm owners did not end up using their personal funds. The other problem is that of a lack of transport to take learners to school. There is also a lack of public transport that could take learners from their homes to school. Some of the parents have offered to take the learners to school, but the problem is that they are not paid. They reach the stage where they cannot afford to take their vehicles for testing so that they could use them to transport learners. The plea is that the government finds the means to remunerate these parents to make it easier for them to offer assistance to the learners. Those are some of the problems encountered in Mpumalanga.

We are also experiencing building construction problems. Toilets were left incomplete at Thuto Thebe School, while the builders had been paid in full. How come a builder is paid in full when his job is still incomplete? Government employees should do their jobs honestly and loyally. It is unacceptable that anyone is paid for an incomplete job, because if the toilets are incomplete, the learners cannot use them.

There are beautiful things, however, that one must appreciate, like the Gert Hofmeyer School, which must be praised for their good work with the learners. It would be better if other schools followed their example. Learners who are abused get proper help there. They are not ignored or told that they were from poor areas and that they would not get help at the school. I wish that other Mpumalanga schools that are present here would follow their example. There are still places that are following the platoon system. Thuto Thebe School itself still needs extra classrooms to minimise this platoon problem. This means that we still have the problem of a lack of classrooms. Education is the inheritance of a nation that is looking forward to growth. African people say that people have to work hard for themselves.

Parents are working hard for their children’s education. Parents are hoping that their children will benefit from education. Who wants their children to be left out?

The situation in Mpumalanga needs attention, especially as the MEC of Education is here with us today, so that the following could be taken into consideration, namely that learners be given food from Monday to Friday so that they need not go into their classrooms with empty stomachs.

It is even rumoured that the learners do not come to school on the days that they are not given food. They have realised that and therefore choose to stay at home. This means that feeding them at school is a great idea as it also encourages them to come to school.

As the previous speaker said, Mpumalanga needs help. There will be mistakes here and there but we appeal for the consideration of everything that we have mentioned about the schools. We only mentioned some examples; there are others that also need attention. Thank you, hon Chair.]

Nkk J N VILAKAZI: Sihlalo ohloniphekileyo, mhlonishwa Ngqonqgqoshe wezeMfundo, malungu ahloniphekileyo, okokuqala nje ngithanda ukubonga abaholi bale Ndlu yoMkhandlu kaZwelonke weziFundazwe okwaba sohlelweni lwabo ukuthi siphume sihambele izifundazwe ukuze sibone futhi sizizwele ukuthi abantu bathini, bese-ke sibonisana ukuze sibumbe umthethosisekelo ozohambisana ngqo nezidingo zabantu emphakathini.

Ikomidi engikulo lezemfundo like lathi shelele kwisifundazwe saseMpumalanga ukuyophonsa iso kwezemfundo. Kuningi esikutholile laphaya kodwa ngizothi qaphuqaphu nje amaphuzu ambalwa. Useshilo usihlalo wethu balandela nabanye ozakwethu – into nje ukuthi bakhuluma ngalolu lokuwela kanti mina ngikhuluma ngolwami lomdabu.

Mhlonishwa Ngqongqoshe, okokuqala mangikusho nje ukuthi, maqondana nomehluko owadalwa ubandlululo kwezemfundo, kuyothatha isikhathi ukuthi lelo gebe elenziwa yizihlakaniphi liphele. Uhulumeni uyazama kodwa konakala kakhulu. Okufike kube kubi nje ukuthi kukhona abasaqhuba lolu bandlululo ezikoleni. Kodwa kuhle ngoba ubuqili babo buzohlala obala. Ngqongqoshe, qinisa isandla neso elibukhali, kuzolunga.

Okwesibili kumaqondana nokudla ezikoleni. Sekukhulunyiwe kakhulu ngalokho. Uhulumeni wenza into enhle kakhulu yokunika abantwana ukudla. Siyazi sonke ukuthi indlala ibhokile lapha phandle, imisebenzi ayikho. Kweminye imizi kulalwa ngosaka ngempela. Izingane eziphuma kule mindeni enezinkinga ezinje kulukhuni kakhulu kuzona ukulalela uma kufundiswa. Kodwa-ke futhi esikuthole eMpumalanga ukuthi kukhona izikole ezinika abantwana ukudla, hhayi zonke izinsuku kodwa kathathu ngesonto. Akuzwakali kahle lokhu mhlonishwa Ngqongqoshe. Abantwana bayadinga ukuthola umsoco ukuze bafunde kahle. Nothisha bayasho ukuthi ezinye izingane aziyi esikoleni uma kungadliwa ngalelo langa. Useke wakusho lokho omunye uzakwethu.

Okunye futhi esikubhekisisile kulokhu kudla ukuthi kubantwana bomndeni owodwa ontulayo, omncane uyadla omdala alambe, ancele isithupha. Akuzwakali kahle nalapha mhlonishwa Ngqongqoshe. Kudingeka kubukezwe le ndlela yokubonelela lezi zingane ezintulayo, kungabandlululwa ngokuthi mncane lo, mdala lo kodwa bevela emndenini owodwa.

Okwesithathu, ukuhamba ibanga elide. Sebekushilo nakho, sengizophinda ngoba ngikubhalile. Kukhona abantwana esithole ukuthi bahamba ibanga elide ukuya nokubuya esikoleni. Lokhu kuyabakhahlameza futhi kubakhathaze. Sengathi umnyango ungenza imizamo yokuthi basizakale ngandlela thize ukuze nabo phela bathole imfundo.

Kukhona nalezi zikole okuthiwa ama-farm schools. Esikubone kule zikole ezakhiwe osomapulazi! Cha, bakithi, umnyango kudingekile ubhidlange, ubenyule kwesikubonile. Sithole ukuthi uma umnyango uke wephuza nje ukukhokhela amanzi, umnini pulazi uyawavala amanzi phaqa. Obani abalimalayo kakhulu lapho na? Yizingane ezifundayo ezincane. Sikubonile konke lokho eMpumalanga, kungekhona eMpumalanga kuphela.

Mhlonishwa Ngqongqoshe, eMpumalanga kuyafundwa. Izikole zikhona. Engikubala lapha ngokuthe phecelezi nje okudinga umnyango ukufakele iso khona imfundo izohamba kahle. Kusithokozisile kakhulu ukuthi kubantwana ebebebhala umatekuletsheni, kulabo abahambe phambili ngamalengiso abanye babo bebefunda ulimi lomdabu kuso lesi sifundazwe saseMpumalanga. Lokhu kufakazela ukuthi ulimi lubaluleke kakhulu kubantwana. Siyathokoza ukumbona uNgqongqoshe nomnyango beyisukumela le nto. Sithi: Phambili Ngqongqoshe! Khulula abantwana ekucindezelweni ngezilimi abangazazi. Ngiyabonga. [Ihlombe.] (Translation of isiZulu speech follows.)

[Mrs J N VILAKAZI: Hon Chairperson, hon minister of education and hon members, firstly I would like to thank the leaders of this House, the National Council of Provinces, who decided that we should visit the provinces to see for ourselves, and hear what people have to say so that we could give effect to the Constitution, so that it would meet the precise needs of people in the community.

The Select Committee on Education, of which I am part, has visited Mpumalanga province to look into education. We found many things there, but I will highlight only a few things. The chairperson has spoken, as well as my colleagues. They have spoken English, whereas I am speaking an indigenous language.

Hon Minister, I would first of all like to state it would take a long time to bridge the gap that was created in education by apartheid. The government is trying, but the damage was enormous. It saddened me to find that there are those who are still perpetuating this discrimination in schools. I am happy that their hypocrisy will be revealed. Minister, you have to be tough and vigilant and things will be all right.

Much has been said about the feeding scheme at schools. The government has done a good job giving children food. We are all aware that poverty is rife and there is no employment. In some households they go to sleep on empty stomachs. Children from these homes find it difficult to concentrate at school. We have found out in Mpumalanga that some schools do not give food to children on a daily basis, but three times a week. Minister, this does not sound right. The children need vitamins in order to learn. The teachers confirmed that some children don’t even come to school when food is not served. My colleague has mentioned this.

We have noticed, Minister, that among children from the same poor family the young one is fed, but the older one is not fed. Hon Minister, this does not sound right. The feeding scheme for helping needy children must be revised. There should be no discrimination based on age where children come from the same family.

Thirdly, the walking of long distances: It has already been said, but I would like to repeat it as I have written it down. We have found that children walk long distances to and from school. It affects them. They get tired. The department should make some efforts to assist them so that they could get an education.

There are schools called farm schools. We have seen alarming things at farm schools! The department should work hard to alleviate the problems that we have seen.

We found that if the department delayed paying for services, the farm owner turned the water off. Who are most affected there? The young children attending school. We have seen all that in Mpumalanga, although not only in Mpumalanga.

Hon Minister, education is happening in Mpumalanga. There are schools. What I have just mentioned are a few things that need the department’s attention so that education could run smoothly. We were happy to find that some of the matriculants who got distinctions took the Mpumalanga province’s vernacular language. This support of the language is important to children. We are happy to see the Minister taking this upon herself. We are saying: Congratulations, Minister. Liberate children from oppression by foreign languages. Thank you. [Applause.]]

Ms J MASILO: Hon Chairperson, hon Deputy Chairperson, hon Minister of Education, hon members of this august House, in observing 50 years of the Freedom Charter, the African National Congress has reaffirmed its commitment to the revolutionary struggle to bring about a better society that is founded on the principles of equality, democracy and freedom. We, as the ANC, have also reaffirmed our commitment to dismantle the legacy of inequality and the perverse discrimination against our people by ensuring that the doors of learning are open for all people who live in South Africa.

The Freedom Charter, which was adopted by the African National Congress and the large majority of people of South Africa, contains the fundamental perspective of the vast majority of the people of South Africa of the kind of liberation that all of us have fought for.

Hon Minister and Chairperson, let me take this opportunity to congratulate the Mpumalanga Department of Education on establishing an advisory support centre whose primary purpose is to assist learners who might experience admission or registration problems in any institution of higher learning in the country. Many learners are benefiting from the centre’s toll free number, which is 0800 23116. As a committee we believe that such responsiveness makes a huge difference to our learners and their parents, and therefore we congratulate the MEC for education in Mpumalanga, hon Masango. We would also like to acknowledge the province for its improved matric results from 58% in 2003 to 61% in 2004, and to congratulate the 24 schools that have achieved a 100% pass rate in 2003 and 2004.

Let me come to the issue in the Mpumalanga study tour report of the Select Committee on Education and Recreation about education for learners with special educational needs. There is a vast national curriculum statement on building an inclusive education and training system and on guiding special needs education in our country.

During our visit to the Mpumalanga province we discovered that the main emphasis of the Mpumalanga Provincial Department of Education is also in line with the government policy in making it possible for all learners who experience barriers to learning, to access the education system. This clearly signifies the value of the principle of equality as enshrined in our Constitution and the Freedom Charter, as I mentioned earlier on.

Currently there are 3 567 learners in 18 special schools in Mpumalanga which are divided as follows: 11 schools that make provision for learners with multiple disabilities; three schools that make provision for vocational education and training; and four industry or former reformatory schools that make provision for learners who are in conflict with the law, or who have severe behavioural problems.

Ten of the above schools have boarding facilities. What was quite astonishing for us is that most of the schools are multilingual and multicultural. These schools also have special facilities such as occupational therapy, speech therapy and psychological as well as behavioural counselling services. We as the committee would like to see such services and facilities also being offered in the other eight schools that currently do not have them.

There is a clear need for the province to allocate more funds to this programme as the R20 million allocated for the current financial year is not enough. Allocating more resources to this programme will ensure that the department reaches its objective of developing a single, inclusive education system throughout the province.

We also noted some of the following challenges in these schools: there is a clear need for the professional development of educators in these schools; there is an urgent need for the department to ensure that all the vacant posts in special schools are filled; there is a need for the department to establish a proper scholar transport system for learners with special educational needs as was mentioned earlier on by my chairperson. As a committee we recommend that the provincial department of education in Mpumalanga undertakes an audit of the needs of special schools in the province.

Regarding school governing bodies, SGBs, we were proud to find that all schools in the province have functional and democratically elected school governing bodies. This shows the commitment of our people to ensuring that their children get quality education and that we as a country become a fully fledged democratic country. We are indeed proud.

During the study tour we found that school governing body members are trained on their roles and responsibility in governing schools, based on the South African School Act, Act 84 of 1996. School governing bodies are also trained in conflict management and the development of school growth plans. They have also been trained to establish schools for official languages in order to ensure that they protect our indigenous languages. School governing bodies have also been trained to establish school policies, especially around the impact of the HIV/Aids pandemic on the learning abilities of learners. We also found that the department is conducting training on various alternative measures to corporal punishment.

However, we also noted the following challenge with regard to school governing bodies. The department is unable to intervene in school management since most schools were accorded section 21 status, particularly where there are instances of the SGBs that are struggling to effectively and efficiently manage their budgets and finances. As a committee we support the Mpumalanga report. Thank you. [Applause.]

Rre J O TLHAGALE: Motlotlegi Modulasetulo, motlotlegi Tona ya Lefapha la Thuto le Ntlo e e tlotlegang, tiro ya rona mo tshokologong eno ke go sekaseka pegelo ya Komiti ya Thuto mabapi le leeto le e neng e le tseetse kwa Mpumalanga. Komiti e e boletsweng e ne e etetse Mpumalanga go ya ka dithata le maikarabelo a Khansele ya Bosetšhaba ya Diporofense e a abetsweng ke Molaotheo. Ke tla nopola fela maikemisetso-magolo a se makae ka ntlha ya tekanyetso ya nako.

Lenaneo la phepo ya baithuti le tsentswe tirisong mo dikolong tsotlhe tse re di etetseng, mme le na le thuso e kgolo mo baithuting e bile le ka thusa go lwantsha lehuma fela fa le ka diragadiwa ka malatsi otlhe. Legale komiti e bone go ka nna molemo fa maikarabelo a lenaneo leo a ka rolelwa mo dikgaolong (Regions) mme le seke la tsamaisiwa go tswa kwa lefapheng la porofense. Bomolemo jwa go le rolela kwa dikgaolong ke gore dituelo tsa bathusi (care givers) di tla dirwa ka nako le kwa ntle ga tiego. Batho ba ba abelwang maikarabelo a go tlamela dikolo ka dijo e tla nna batho ba ba itsegeng mo kgaolong eo, lefa go ka nna le mathata ba tla bo ba kgona go ka latelelwa go a siamisa.

Lefapha la Thuto mo porofenseng le leka ka matla go fedisa dikolo tse di rutelang ka fa tlase ga ditlhare go ya ka taelo ya motlotlegimogolo Moporesidente, fela bothata ke gore dikolo dingwe ke tsa bogologolo tse di ikagetsweng ke merafe ka matlole a a tlhaelang mme ga di popota jaaka dikolo tsa segompieno. Ka jalo dikolo tseo di eta di tlhatlhamololwa ke diphefo le ditsuatsue. Legale, mathatha a re a fitlhelang kwa Mpumalanga ga a farologane ka gope le mathatha le makowa a a fitlhelwang mo diporofenseng tse dingwe. Ke solofela gore maemo a a tokafalang a lefatshe la rona a tla tswela thuto ya bana ba rona mosola mo nakong e e tlang.

Dikolo tsa dipolase mo Mpumalanga jaaka mo diporofenseng tse dingwe di tswelela go itemogela mathata a dipalangwa, kabelo ya metsi, kgelelo ya leswe le kabelo e e lekaneng ya barutabana. Kwa porofenseng ya Bokone Bophirima go fetotswe bothibelelo jwa sesole jo bo sa tlholeng … [Nako e fedile.] Ke a leboga. Re dumalana le Molaotlhomo. [Legofi.] (Translation of Setswana speech follows.)

[Mr J O TLHAGALE: Hon Chairperson, hon Minister of Education and this august House, our work this afternoon is to consider the report of the Select Committee on Education on the trip they undertook to Mpumalanga. The said committee visited Mpumalanga as part of the responsibility of the National Council of Provinces, as required by the Constitution. I will only refer to the aims and objectives due to time constraints.

The learners’ feeding scheme was implemented at all the schools we visited, and it was discovered that it benefited the learners a lot in the fight against poverty and we suggest that the feeding be done on all school days. The committee, however, noted that it would be beneficial if the responsibility for this programme is given to the regions instead of the provincial departments. The importance of this arrangement is that the salaries of caregivers will be available without delay. People who are given the responsibility to provide schools with food will be people from that area, who will attend to problems as they occur.

The department of education in the province tries its utmost to eliminate teaching under trees, as instructed by the His Excellency the President, but the problem is that some schools are old - not strong like some modern ones - and were built by communities with insufficient resources. As such, those schools are blown over easily by strong winds and storms. Nevertheless, the problems that we found in Mpumalanga are no different from those in other provinces. I hope that if we improve conditions in our country it will benefit our children in the future.

The farm schools in Mpumalanga, like in other provinces, continue to experience problems such as transport, water supply, sanitation and a shortage of educators. In the North West province, an old defence camp that was no longer in use has been turned into . . . [Time expired.] Thank you. We support the Bill.] Nk N M MADLALA: Angibonge Sihlalo, ngibonge kuNgqongqoshe wezwe lonke, ngibonge nabahlonishwa. Ngiyathanda ukuphawula ukuthi ngaphambi kuka-1994 izingane, ikakhulukazi ezimpisholo, zazingondlekile kahle ezikoleni. Zazihlaselwa yizifo eziphathelene no-malnutrition kanye nezifo ezithile ezidalwa yindlala.

Iningi lezingane laliya esikoleni lingadlile ngani ngoba zazinganakiwe uhulumeni owayephethe ngaleso sikhathi. Uhulumeni ophethe manje oholwa nguKhongolose wabona kubalulekile ukunakekela izidingo zabantu bonke. OwayenguMongameli wokuqala ngo-1994, umhlonishwa uNelson Mandela, wathula inkulumo yakhe yokuqala wathi yonke ingane edinga ukudla efunda ebangeni eliphansi izokuthola ukudla.

Bahlonishwa, ake nginikhumbuze ukuthi inational Primary School Nutrition Programme yasungulwa mhla ka-1 September 1994 ngenhloso yokukhuphula izinga lokufunda kwezingane zethu kanye nokuzimisela kwezingane ezikoleni. Lolu hlelo lwasuswa eMnyangweni wezeMpilo lwaya kuMnyango wezeMfundo ngo-Ephreli

1. Thina-ke njengekomidi lezemfundo senza isiqinisekiso sokuthi zonke izifundazwe esizivakashelayo ziyakuthuthukisa lokhu ngokufanele nangokwanele. Yingakho-ke sivakashele isifunda saseMpumalanga ukuzenelisa ngokwethu ukuthi abafundi bakuthola ngokwanele yini ukudla nangokuthi indlela abakuthola ngayo iyagculisa yini.

Bahlonishwa, esakuthola-ke kulesi sifundazwe saseMpumalanga ukuthi ezinye izikole azikutholi ukudla ngendlela efanele. Lokhu kwadala ukuthi kube noshintsho, uhlelo lwasuswa eMnyangweni wezeMpilo. Ezinye zezikole azizange zihlomule ngoJulayi 2004. Kwezinye izikole abafundi bathola ukudla izinsuku ezimbili noma ezintathu endaweni yezinsuku ezinhlanu. Angikusho-ke sihlalo ukuthi lokhu kungenxa yokuthi isifunda saseMpumalanga sasingakemi kahle siqine ngani ngoba kwakuwuhlelo olusha eMnyangweni wezeMfundo ngoba lolu hlelo lwaluqhamuka eMnyangweni wezeMpilo.

Ikomidi lavakashela isikole esibizwa ngokuthi kuKwamagugu Inclusive School esibude buduze neNasipoti. Lesi sikole siqukethe izingane ezikhubazekile. Lesi sikole sipheka kabili ngesonto kanti futhi kupheka bona abafundi. Uthishanhloko waphawula ukuthi amavolontiya awahlali isikhathi eside ngani ngoba iholo aliwagculisi, liphansi. Lokhu sakuphawula kuthishanhloko nakuwo umnyango ukuthi izingane kufanele zidle zonke izinsuku nanokuthi izingane makungabi yizona eziziphekelayo. Sabuye sanxusa umnyango ukuthi usibonelele phela lesi sikole ngokusiqashela abazopheka ukudla, kubhekelelwe isimo sabafundi abakuleso sikole.

Ngqongqoshe, mangisho ukuthi sathinteka kakhulu ngokwentuleka kwezindawo zokupheka ukudla kanye nokubeka izinto zokupheka ezikoleni eziningi. Angikhulumi-ke ngezikole zasemafamu. Kwakwedlulele khona. Ukudla kugcinwa emahhovisi othishanhloko. Kokunye ukudla kulungiselwa ngaphandle. Kwesinye isikole esibizwa ngeSizanani Combined School babenenkinga yokutshala imifino ngoba isikole sasingabiyelwe futhi kwakuyipulazi lezilwane. Bahlonishwa, siyikomidi siyacabanga ukuthi ezinye zezinkinga zingaxazululeka kalula uma umnyango ungathatha isibonelo kusifunda saseNyakatho Kapa.

Maqondana nezakhiwo zezikole eMpumalanga, ngingasho ukuthi, siyiNingizimu Afrika, sibhekene nezakhiwo zezikole ezibhedayo. Ezifundazweni eziningi abafundi basafundela ngaphansi kwezihlahla, ezikoleni zodaka kanye nezikole ezakhiwe nge-asbestos. Lezi zikole aziphephile neze. Lezi zakhiwo zithikameza ukufunda kwezingane ngandlela thize, ikakhulukazi emafamu lapho umsebenzi usemkhulu khona futhi owadalwa uhulumeni wangaphambilini.

Kokunye uzothola ukuthi akuzona zonke izingane ezifunda ngaphansi kwesihlahla kodwa ngabathize abangakwazi ukungena emagunjini okufundela. Amagumbi okufundela agcwele ayaphuphuma. Kunezikole ezingenazo izindlu zangasese. Noma zikhona kwezinye kodwa azibhekeki neze.

KwaMagugu Inclusive School othisha basebenzisa izindlu zangasese ngokuhlanganyela nabafundi. EBongokuhle Primary School abazali bakha amagumbi ayisithupha okufundela kodwa ugesi nesilingi akukho. Lesi sikole asibiyelwe, sidinga usizo ngokushesha. Izindlu zangasese azilungile. Ayikho indawo kathishanhloko namagumbi ezokuphatha, administration block.

Kunesikole esise-Gert Nsibande region esibizwa ngokuthi yiThuto Thebe Secondary School. Lesi sikole asibiyelwe ngokuphelele. Sayekwa, sangaqedwa. Amagumbi okufundela agcwele ayaphuphuma. Kwasona le sikole asakhiwe endaweni egculisayo. Ayikho indlela yokusinweba ngani ngoba siphakathi kwemizi.

ESizanani Combined School izingane ezenza iBanga 12 zifundela kwesinye isikole ngenxa yokuthi amagumbi awanele. Amanye amabanga ahlanganyela egunjini elilodwa lokufundela kodwa babe benza amabanga ahlukene. Ngiyabonga. [Ihlombe.] (Translation of isiZulu speech follows.)

[Ms N M MADLALA: Thank you, Chairperson, thank you, Minister, I greet all hon members. I would like to comment that prior to 1994 children, especially black children, were not properly fed at schools. They were attacked by diseases that arose from malnutrition and other diseases caused by hunger.

Most children went to school with empty stomachs. Why? Because they were neglected by the government of the day. The current government, led by the ANC, saw it as being important to cater for the needs of all people. The first President in 1994, the honourable Nelson Mandela, in his first state of the nation address said that every child who needs food and attends primary school will receive food.

Hon members, let me remind you that the National Primary School Nutrition Programme was started on 1 September 1994 with the intention of improving the standards of education and preparedness of our children at schools. This programme was moved from the Department of Health to the Department of Education in April 2004. We, as the education committee, therefore made sure that all the provinces that we visited developed this adequately and accordingly. It is in this context that we visited the Mpumalanga province to satisfy ourselves whether the pupils were receiving adequate food and whether the way in which they were receiving it was satisfactory.

Hon members, what we found in Mpumalanga province was that not all schools received food as they should. This led to the changes according to which the programme was removed from the health department. Some schools did not get anything in July 2004. In some schools pupils get food for two or three days instead of five days a week. Let me also say that the reason for this was that the Mpumalanga province was not yet prepared for this because it was a new programme for the department of education that used to be with the department of health.

The committee visited a school called KwaMagugu Inclusive School, which is more or less close to Nelspruit. This school accommodates disabled children. This school cooks twice a week and it is the pupils themselves who cook. The principal commented that the volunteers do not stay long, because the wages were not satisfactory - very low in fact. We advised the principal and the department of education that pupils should eat every day and also that the pupils should not be the ones who cook. We also requested the department to help this school by employing people to cook food and look into the status of the pupils attending that school.

Minister, let me say that we were deeply touched by the scarcity of places to cook food and store cooking utensils at many schools. I am not even talking about the farm schools. The situation was even worse there. The food is kept in the offices of the school principals. In certain cases the preparation of food takes place outside. In just one school, the Sizanani Combined School, they had a problem with planting vegetables, because the school was not fenced and it had been turned into a stock farm. Hon members, as a committee we think some of the problems can be solved easily if the department follows the example set by the Northern Cape.

Regarding the school buildings in Mpumalanga Province I can say that we, as South Africa, are still faced with rather unsatisfactory buildings. In most provinces pupils are still learning under the trees, in mud schools and schools built out of asbestos. These schools are not safe at all. These buildings disturb the learning of pupils in one way or the other, more especially in the rural areas where there are still many challenges caused by the previous government.

At times you find that it’s not all the children who learn under the tree but certain pupils who cannot go into the classrooms. Classrooms are fully packed. There are schools that do not have toilets. Even though some have toilets they are not up to standard.

At KwaMagugu Inclusive School teachers use the same toilets as the pupils. At Bongokuhle Primary School parents built six classrooms but there is neither electricity nor ceilings. This school is not fenced, it needs urgent attention. Toilets are out of order. There is no office for the school principal and there is no administration block.

There is a school that is at Gert Nsibande region, which is called Thuto Thebe Secondary School. This school is half-fenced. It was abandoned unfinished. Classrooms are fully packed. Even this school too is not built in a satisfactory area. There is no space for it to be enlarged because it is in-between the houses.

At Sizanani Combined School children doing Grade 12 attend classes at another school because the classrooms are not adequate. Other children are packed in one classroom whereas they are in fact doing different grades. Thank you. [Applause.]]

The MINISTER OF EDUCATION: Chairperson, I would like to thank the House for inviting me to participate in this very important debate. Allow me to begin by congratulating the hon members who formed part of the select committee delegation to Mpumalanga. I hope the choice of Mpumalanga was not because the Chairperson comes from that province . . . [Laughter.] . . . but because there was a real interest in looking at what is happening with respect to education in the province.

Let me begin by asserting that I believe it is the absolute duty of Parliament to ensure that it carries out oversight of implementation throughout the country, and I agree that this should be an ongoing endeavour. I believe it is important that there be follow-up visits, that during the visits members identify areas which they believe require improvement and that they communicate this both to the Ministry as well as to the provincial departments of education.

I believe, as well, that the national Parliament should empower the provincial members of the legislatures so that they are able also to exercise the detailed scrutiny which is required at the provincial level, because on our own, as the national Parliament, we would not be able to have the kind of detailed attention which is increasingly absolutely necessary.

I would like just to refer to a few of the issues that members have raised, and let me say that I won’t refer to members by name as they spoke here, I would rather highlight the issues that they raised.

Firstly, with respect to the matter of infrastructure, hon members know that, as the hon Tolo indicated, there is a need to build more classrooms. Our children’s schooling conditions are undignified. They do not have toilets; in fact, even the teachers, at times, do not have any ablution facilities available to them. These are conditions that are unacceptable 10 years after our freedom, and they are matters which each province must urgently pursue.

I think members must be vigorous in ensuring that infrastructure budgets are spent and utilised appropriately, and from case to case we must investigate how the province is prioritising, how it is implementing the infrastructure allocation and what arrangements it is making to ensure that we accelerate the provision of these important facilities to children and teachers throughout the country.

I believe an area of major challenge is at the level of the administration, both at the provincial as well as at the national level. I think there is an important need, apart from the oversight executed by members of Parliament, for our departments also to monitor what is happening with respect to implementation.

It has been somewhat surprising to me that we do not have a strong provincial liaison department in the national department of education, and therefore do not really have a daily sense of what is going on with respect to the achievement of the objectives set out in all our legislation. I think, as well, hon members are aware that the organisation of administration occurs at a number of different levels, so the MEC at the provincial level may know one thing, the Minister at the national level may know something else, but the district officials are doing some other thing, and the school itself another.

So, all these levels do not cohere and co-ordinate effectively. There is a need for us to actually focus on that element which is closer to the school to ensure that the district officials fully understand their obligation and execute the professional role that they should play.

We, of course, must also attend to the matter of water. We have been talking with a colleague who is in the Department of Water Affairs and Forestry, Minister Sonjica, and we are ourselves committed to ensuring that we improve the provision of water throughout the provinces. We have committed to the President’s call to ensure that in as short a time as possible all the schools in our country have access to water.

I have listened very carefully to members’ comments about the national school nutrition programme. I believe, as members have said, that the programme is certainly making a difference, but it’s not the entire solution to the challenge and needs that there are in our communities.

I think one of the areas that we need to examine, as we continue the oversight, is the levels of community participation in the implementation of the school nutrition programme, because my observation has been that we are making far too much use of established businesses, and not doing enough about community development and employment creation, as one of the vehicles for implementation of the school nutrition programme.

So, I really do believe we must look at this, but it is important to say that we are also obligated to encourage our schools to develop school gardens, because our intention is not to have a nutrition scheme forever, it is to encourage a sustainable response from within the community that allows a school to reach a level where it independently begins to feed the school community itself.

In Mpumalanga we have many schools that have established excellent gardens, and some schools have said: “We do not need the school nutrition programme, we now have our own garden, we have grown our own food and we are going to feed ourselves in this school.” There are a number of high schools that are doing this, as well as some primary schools.

We want to encourage that kind of self-sufficiency within our communities, and I believe we actually should look at this. I also think it is a serious problem that not all children in a school are fed. You will, for example, have a child in grade one who will get one meal a day, but the sister or brother in Grade 5 may not get anything. I think this is unacceptable.

We have discussed it with provinces, and we have said that the provinces need to look at the model utilised by the Northern Cape where they are now feeding children in all grades at the primary school level. This is something, certainly, that we believe we must try to achieve.

One of the areas that I agree with members on is certainly that the quality of learning needs to be improved, and, members, I was a little worried that the primary focus of the report was infrastructure and the nutrition programme. We did not learn enough about how are young people doing in mathematics and science. Where are they proceeding to beyond the school level? What is happening to the good matriculants that are produced by the successful schools? We should not limit ourselves to looking at the school, we need to look at what happens beyond that, and what quality of learning we have in our schools.

Members will be aware, for example, that in terms of matric mathematics outcomes South Africa is not doing as well as she should, and therefore we need to encourage much better performance in the sciences and in mathematics, and that means we have to examine who is employed to teach these subjects in our schools.

It is worrying to see, for example, that a number of the persons who are teaching mathematics are not qualified to teach that subject, and that in many provinces a lot of them - those teachers who are heroically making themselves available - actually did matric maths at Grade 12 level and are now teaching Grade 12 learners matriculation mathematics; not having gone through a degree programme themselves.

As parliamentarians you may need to do a survey of the exact qualification levels of our mathematics educators, as well as the science educators, to establish whether our children have a chance to succeed in the current set of arrangements.

I agree with hon members that special education requires more attention and resources. This is why we have begun the processes toward implementing White Paper 6, the White Paper on Inclusive Education in South Africa. We are already identifying the schools that will be the host schools, the resources, to assist the surrounding community schools in actually being able to support the access of children with special educational needs.

Finally, the issue of transport is, of course, a very expensive financial issue, and many provinces do not have the finances to provide full transport for all children. I like the suggestion in the report, hon members, that says that bicycles should be a consideration, but it’s fairly difficult to cycle 24 kilometres when you are seven years old. So, we do need to find a solution that addresses the needs of our children.

Gauteng has begun to provide transport, North West province is providing transport, and I think Mpumalanga will begin also providing some form of transport, so there are ways in which the provinces, from their own funding, have begun to respond to the needs of our children.

There are silences in the report: For example, we did not get a sense of what is happening with respect to adult basic education in Mpumalanga or what is happening with respect to literacy for those who have no literacy at all, and these are areas that are a promise of our Constitution, and to which we must ensure the people of our country really have access.

Many provinces disappointed me last year in terms of ordering learning and teaching support materials in time. We heard stories of some of the teaching support materials sitting in warehouses five weeks after schools had opened. What is the situation with respect to Mpumalanga?

On the issue of HIV/Aids, what form of programme is there in the provinces to ensure that our children know that they don’t have to become infected, that they can practise a lifestyle which allows them to remain free of an HIV-positive status? We have a national programme which is supported through a conditional grant, but it is implemented at the provincial level. We are training counsellors, both educators as well as older children in the high schools, but we are not yet far enough in terms of providing support to orphaned children and to teenagers who are having to act as heads of households.

So, there is a great deal that we have to do, but having said that, allow me to conclude by really congratulating the National Council of Provinces on this initiative to ensure that we exercise effective oversight and that the children in our country enjoy the opportunity of quality education, which is the promise that we have made in policy, as well as in the Constitution of South Africa. Thank you, Chairperson. [Applause.]

Debate concluded.

The CHAIRPERSON OF COMMITTEES: I shall now put the question, and the question is that the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all the delegation heads are present in the Chamber to cast their province’s vote. Are all delegate heads present?

In accordance with Rule 71 I shall first allow provinces an opportunity to make their declaration of vote, if they so wish. We shall now proceed to the voting on the question. I shall do this in alphabetical order per province. Delegation heads must please indicate to the Chair whether they vote in favour of, against or abstain from voting. Eastern Cape?

Ms B N DLULANE: In favour.

The CHAIRPERSON OF COMMITTEES: Free State?

Mr T S SETONA: In favour.

The CHAIRPERSON OF COMMITTEES: Gauteng?

Ms N M MADLALA-MAGUBANE: Siyavuma. [We agree.]

The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?

Mr Z C NTULI: KwaZulu-Natal iyavuma. [KwaZulu-Natal agrees.]

The CHAIRPERSON OF COMMITTEES: Limpopo?

Mr M J SIBIYA: Limpopo supports.

The CHAIRPERSON OF COMMITTEES: Mpumalanga?

Ms M P THEMBA: Mpumalanga iyasekela. [Mpumalanga supports.]

The CHAIRPERSON OF COMMITTEES: Northern Cape?

Mr K SINCLAIR: Northern Cape supports.

The CHAIRPERSON OF COMMITTEES: North West?

Mr Z S KOLWENI: North West supports.

The CHAIRPERSON OF COMMITTEES: Western Cape?

Mr F ADAMS: Wes-Kaap steun. [Western Cape supports.]

The CHAIRPERSON OF COMMITTEES: All nine provinces voted in favour. I therefore declare the report adopted in accordance with section 65 of the Constitution.

Report accordingly adopted in accordance with section 65 of the Constitution.

The CHAIRPERSON OF COMMITTEES: Hon members, on behalf of the Council I want to say thank you very much to the hon Minister for always responding to our invitation to come to this House. I hope you will keep on coming, Minister. [Applause.]

The House adjourned at 16:49. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS


                     WEDNESDAY, 23 FEBRUARY 2005

ANNOUNCEMENTS

National Assembly and National Council of Provinces

1. Introduction of Bills

 (1)    The Minister of Finance


     (i)     Appropriation Bill [W 7 - 2005] (National Assembly - sec
          77)

     (ii)    Division of Revenue Bill [B 8 - 2005] (National Assembly -
          sec 76)

     Introduction and referral to the Portfolio Committee on Finance of
     the National Assembly for consideration and report and to the
     Joint Budget Committee to consider in terms of its mandate, as
     well as referral to the Joint Tagging Mechanism (JTM) for
     classification in terms of Joint Rule 160, on 23 February 2005.

     In terms of Joint Rule 154 written views on the classification of
     the Bills may be submitted to the JTM within three parliamentary
     working days.

1. Fast-tracking of Bills

(1) The Joint Subcommittee of the Joint Programme Committee on 23 February 2005 took a decision, in accordance with Joint Rule 216(2), that the Division of Revenue Bill [B 8 - 2005] (National Assembly - sec 76) be fast- tracked, where necessary dispensing with any relevant House Rule or Joint Rule and shortening any period within which any step in the legislative process relating to the Bill must be completed, including the submission of the translated version of the Bill as introduced before the debate in the National Assembly takes place. This process must be completed in order for the Bill to be enacted and for the Act to be published in the Government Gazette by 31 March 2005.

 In terms of Joint Rule 216(4) this decision must be tabled in both
 Houses for ratification.

 3.     Bills passed by Houses - to be submitted to President for assent

(1) Bill passed by National Assembly on 22 February 2005:

 (i)    Petroleum Products Amendment Bill [B 16B - 2004] (National
 Assembly - sec 75)

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

(1) The Budget Speech of the Minister of Finance - 23 February 2005 [RP 9- 2005].

(2) Estimate of National Revenue for 2005 [RP 7-2005].

(3) Taxation Proposals in respect of Income Tax.

(4) Budget Review 2005 [RP 8-2005], including:

(a) Taxation proposals in respect of customs and excise duties [tabled at 15:16]; and

(b) “Annexure E: Memorandum to accompany the Division of Revenue Bill”, tabled in terms of section 10(5) of the Intergovernmental Fiscal Relations Act, 1997 (Act No 97 of 1997).

(5) Estimate of National Expenditure 2005 [RP 6-2005], which includes:

1. Memorandum on Vote No 1 - “The Presidency”, Main Estimates, 2005- 2006;

2. Memorandum on Vote No 2 - “Parliament”, Main Estimates, 2005-2006;

3. Memorandum on Vote No 3 - “Foreign Affairs”, Main Estimates, 2005- 2006;

4. Memorandum on Vote No 4 - “Home Affairs”, Main Estimates, 2005-2006;

5. Memorandum on Vote No 5 - “Provincial and Local Government”, Main Estimates, 2005-2006;

6. Memorandum on Vote No 6 - “Public Works”, Main Estimates, 2005-2006;

7. Memorandum on Vote No 7 - “Government Communications and Information System”, Main Estimates, 2005-2006;

8. Memorandum on Vote No 8 - “National Treasury”, Main Estimates, 2005- 2006;

9. Memorandum on Vote No 9 - “Public Enterprises”, Main Estimates, 2005- 2006;

10. Memorandum on Vote No 10 - “Public Service and Administration”, Main Estimates, 2005-2006;

11. Memorandum on Vote No 11 - “Public Service Commission”, Main Estimates, 2005-2006;

12. Memorandum on Vote No 12 - “South African Management Development Institute”, Main Estimates, 2005-2006;

13. Memorandum on Vote No 13 - “Statistics South Africa”, Main Estimates, 2005-2006;

14. Memorandum on Vote No 14 - “Arts and Culture”, Main Estimates, 2005- 2006;

15. Memorandum on Vote No 15 - “Education”, Main Estimates, 2005-2006;

16. Memorandum on Vote No 16 - “Health”, Main Estimates, 2005-2006;

17. Memorandum on Vote No 17 - “Labour”, Main Estimates, 2005-2006;

18. Memorandum on Vote No 18 - “Social Development”, Main Estimates, 2005- 2006;

19. Memorandum on Vote No 19 - “Sport and Recreation South Africa”, Main Estimates, 2005-2006;

20. Memorandum on Vote No 20 - “Correctional Services”, Main Estimates, 2005-2006;

21. Memorandum on Vote No 21 - “Defence”, Main Estimates, 2005-2006;

22. Memorandum on Vote No 22 - “Independent Complaints Directorate”, Main Estimates, 2005-2006;

23. Memorandum on Vote No 23 - “Justice and Constitutional Development”, Main Estimates, 2005-2006;

24. Memorandum on Vote No 24 - “Safety and Security”, Main Estimates, 2005-2006;

25. Memorandum on Vote No 25 - “Agriculture”, Main Estimates, 2005-2006;

26. Memorandum on Vote No 26 - “Communications”, Main Estimates, 2005- 2006;

27. Memorandum on Vote No 27 - “Environmental Affairs and Tourism”, Main Estimates, 2005-2006;

28. Memorandum on Vote No 28 - “Housing”, Main Estimates, 2005-2006;

29. Memorandum on Vote No 29 - “Land Affairs”, Main Estimates, 2005-2006;

30. Memorandum on Vote No 30 - “Minerals and Energy”, Main Estimates, 2005-2006;

31. Memorandum on Vote No 31 - “Science and Technology”, Main Estimates, 2005-2006;

32. Memorandum on Vote No 32 - “Trade and Industry”, Main Estimates, 2005- 2006;

33. Memorandum on Vote No 33 - “Transport”, Main Estimates, 2005-2006;.

34. Memorandum on Vote No 34 - “Water Affairs and Forestry”, Main Estimates, 2005-2006.

                    MONDAY, 28 FEBRUARY 2005
    

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

 Special Report of the Auditor-General on the Consolidated Financial
 Statements of the National Government for the years 2002-2003, 2001-
 2002, 2000-2001, 1999-2000 [RP 206-2004].

1. The Minister of Trade and Industry

 (a)    Government Notice No R.4 published in Government Gazette No
     25874 dated 2 January 2004: International Trade Administration
     Commission of South Africa in terms of the International Trade and
     Administration Act, 2002 (Act No 71 of 2002).

 (b)    Government Notice No R.3 published in Government Gazette No
     25873 dated 2 January 2004: International Trade Administration
     Commission of South Africa: Import Control in terms of the
     International Trade and Administration Act, 2002 (Act No 71 of
     2002).

 (c)    Government Notice No R.47 published in Government Gazette No
     25927 dated 9 January 2004: Amendment to the compulsory
     specification for the safety of moulded-case circuit breakers
     (VC8036) in terms of the Standards Act, 1993 (Act No 29 of 1993).

 (d)    Government Notice No R.75 published in Government Gazette No
     25948 dated 29 January 2004: Declaration of certain goods as
     controlled goods and the determination of control measures
     applicable to such goods in terms of the Non-Proliferation of
     Weapons of Mass Destruction Act, 1993 (Act No 87 of 1993).

 (e)    Government Notice No R.77 published in Government Gazette No
     25949 dated 29 January 2004: Amendment of Government Notice No
     R705 dated 23 May 1997 in terms of the Non-Proliferation of
     Weapons of Mass Destruction Act, 1993 (Act No 87 of 1993).

 (f)    Government Notice No 110 published in Government Gazette No
     25968 dated 6 February 2004: Revision of the annual finance charge
     rates in terms of the Usury Act, 1968 (Act No 73 of 1968).

 (g)    Government Notice No R.168 published in Government Gazette No
     26004 dated 13 February 2004: Draft Safeguard Regulations: For
     public comment in terms of the International Trade and
     Administration Act, 2002 (Act No 71 of 2002).

 (h)    Government Notice No 182 published in Government Gazette No
     26027 dated 13 February 2004: Approval of an application for the
     Strategic Industrial Project (SIP) in terms of the Income Tax Act,
     1962 (Act No 58 of 1962).

 (i)    Government Notice No 248 published in Government Gazette No
     26051 dated 27 February 2004: Standards Matters in terms of the
     Standards Act, 1993 (Act No 29 of 1993).

 (j)    Government Notice No R.209 published in Government Gazette No
     26014 dated 20 February 2004: Withdrawal of the compulsory
     specification for slow speed vehicles and replacement with the
     compulsory specification for agricultural tractors in terms of the
     Standards Act, 1993 (Act No 29 of 1993).

 (k)    Government Notice No R.297 published in Government Gazette No
     26113 dated 12 March 2004: For general comment in terms of the
     Housing Development Schemes for Retired Persons Act, 1993 (Act No
     65 of 1993).

 (l)    Government Notice No R.320 published in Government Gazette No
     26136 dated 12 March 2004: Import control in terms of the
     International Trade Administration Act, 2002 (Act No 71 of 2002).

 (m)    Government Notice No R.337 published in Government Gazette No
     26143 dated 19 March 2004: Notice under Clause 82 in terms of The
     Sugar Industry Agreement, 2000.

 (n)    Government Notice No R.355 published in Government Gazette No
     26161 dated 26 March 2004: Withdrawal and replacement of the
     compulsory specification for vehicles of category 01 and 02 in
     terms of the Standards Act, 1993 (Act No 29 of 1993).

 (o)    Proclamation No R.26 published in Government Gazette No 26285
     dated 21 April 2004: Commencement of the Broad-Based Black
     Economic Empowerment Act, 2003 (Act No 53 of 2003).

 (p)    Government Notice No R.642 published in Government Gazette No
     26375 dated 28 May 2004: Regulations: Payment of levy and the
     issue of sales permits with regard to compulsory specifications:
     Amendment in terms of the Standards Act, 1993 (Act No 29 of 1993).

 (q)    Government Notice No R.643 published in Government Gazette No
     26375 dated 28 May 2004: Compulsory specification for small arms
     shooting ranges in terms of the Standards Act, 1993 (Act No 29 of
     1993).

 (r)    Government Notice No 712 published in Government Gazette No
     26444 dated 8 June 2004: Notice under section 13: Declaration of
     certain biological goods and technologies to be controlled and
     control measures applicable to such goods in terms of the Non-
     Proliferation of Weapons of Mass Destruction Act, 1993 (Act No 87
     of 1993).

 (s)    Government Notice No 714 published in Government Gazette No
     26422 dated 11 June 2004: Standards Matters in terms of the
     Standards Act, 1993 (Act No 29 of 1993).

 (t)    Government Notice No R.790 published in Government Gazette No
     26530 dated 9 July 2004: Withdrawal and replacement of the
     compulsory specification for the manufacture, production,
     processing and treatment of canned fish, canned marine molluscs
     and canned crustaceans in terms of the Standards Act, 1993 (Act No
     29 of 1993).

 (u)    Government Notice No R.791 published in Government Gazette No
     26531 dated 9 July 2004: Withdrawal and replacement of the
     compulsory specification for the manufacture, production,
     processing and treatment of canned meat products in terms of the
     Standards Act, 1993 (Act No 29 of 1993).

 (v)    Government Notice No 796 published in Government Gazette No
     26540 dated 9 July 2004: Standards Matters in terms of the
     Standards Act, 1993 (Act No 29 of 1993).

 (w)    Government Notice No 847 published in Government Gazette No
     26669 dated 13 August 2004: Application for approval for the
     Strategic Industrial Project (SIP) in terms of the Income Tax Act,
     1962 (Act No 58 of 1962).

 (x)    Government Notice No 943 published in Government Gazette No
     26649 dated 13 August 2004: Standards Matters in terms of the
     Standards Act, 1993 (Act No 29 of 1993).

 (y)    Government Notice No R.980 published in Government Gazette No
     26689 dated 17 August 2004: Regulations for the registration of
     liquor manufacturers and distributors, and related matters in
     terms of the Liquor Act, 2003 (Act No 59 of 2003).

 (z)    Government Notice No R.1163 published in Government Gazette No
     26882 dated 8 October 2004: International Trade Administration
     Commission of South Africa: Import control in terms of the
     International Trade and Administration Act, 2002 (Act No 71 of
     2002).

 (aa)Government Notice No 1194 published in Government Gazette No 26877
     dated 15 October 2004: Standards Matters in terms of the Standards
     Act, 1993 (Act No 29 of 1993).

 (bb)Proclamation No R.51 published in Government Gazette No 26958 dated
     1 November 2004: Commencement of the National Gambling Act, 2004
     (Act No 7 of 2004).


                        TUESDAY, 1 MARCH 2005

ANNOUNCEMENTS

National Assembly and National Council of Provinces

1. Assent by President in respect of Bills

 (1)    National Environmental Management: Air Quality Bill [B 62D -
     2003] - Act No 39 of 2004 (assented to and signed by President on
     19 February 2005).

1. Classification of Bills by Joint Tagging Mechanism

 (1)    The Joint Tagging Mechanism (JTM) on 1 March 2005 in terms of
     Joint Rule 160(3), classified the following Bills as section 75
     Bills:


     (i)     Citation of Constitutional Laws Bill [B 5 - 2005]
          (National Assembly - sec 75)

     (ii)Close Corporations Amendment Bill [B 6 - 2005] (National
          Assembly - sec 75)


 (2)    The Joint Tagging Mechanism (JTM) on 1 March 2005 in terms of
     Joint Rule 160(4), classified the following Bill as a section 76
     Bill:


     (i)     Division of Revenue Bill [B 8 - 2005] (National Assembly -
          sec 76)


 (3)    The Joint Tagging Mechanism (JTM) on 1 March 2005 in terms of
     Joint Rule 161, classified the following Bill as a money Bill:


     (i)     Appropriation Bill [B 7 - 2005] (National Assembly - sec
          77)

1. Introduction of Bills

 (1)    The Minister of Communications


     (i)     Convergence Bill [B 9 - 2005] (National Assembly - sec 75)
          [Explanatory summary of Bill and prior notice of its
          introduction published in Government Gazette No 27294 of 16
          February 2005.]

     Introduction and referral to the Portfolio Committee on
     Communications of the National Assembly, as well as referral to
     the Joint Tagging Mechanism (JTM) for classification in terms of
     Joint Rule 160, on 2 March 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 Council of Provinces

1. Messages from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council

   (1) Bills passed by National Assembly on 1 March 2005 and transmitted for concurrence:

(i) Division of Revenue Bill [B 8B - 2005] (National Assembly - sec 76) The Bill has been referred to the Select Committee on Finance of the National Council of Provinces.

(ii) National Ports Bill [B 5D - 2003] (National Assembly - sec 75) (introduced as National Ports Authority Bill [B 5 - 2003]

The Bill has been referred to the Select Committee on Public Services of the National Council of Provinces.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Water Affairs and Forestry

(a) Government Notice No R65 published in Government Gazette No 27199 dated 28 January 2005: Establishment of the National Water Resource Strategy in terms of section 5(1) of the National Water Act, 1998 (Act No 36 of 1998).

(b) Government Notice No 113 published in Government Gazette No 27235 dated 11 February 2005: Assignment of certain provisions of the National Forests Act, 1998 (Act No 84 of 1998) (“The Forests Act”) to South African National Parks (“SANParks”) in terms of the National Forests Act, 1998 (Act No 84 of 1998).

                       WEDNESDAY, 2 MARCH 2005

ANNOUNCEMENTS

National Council of Provinces

1. Membership of Committees

The following members have been appointed to serve on the Committee mentioned, viz:

Constitutional Review

African National Congress:

Adams, Mr F Madlala-Magubane, Ms M Mokoena, Kgoshi M L Moseki, Mr A L Oliphant, Ms M N Setona, Mr T S Shiceka, Mr S (Alt) Windvoël, Mr V V Z (Alt)

Democratic Alliance:

Loe, Ms S Watson, Mr A

United Democratic Movement:

Qikani, Ms A N D

TABLINGS

National Council of Provinces

1. The Chairperson

Written statement received from the Minister for Local Government, Housing and Traditional Affairs in KwaZulu-Natal regarding irregularities in the delivery of housing in the Osizweni and Madadeni areas of the Newcastle Municipality, in terms of section 106(3) of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000).

This statement is referred to the Select Committee on Local Government and Administration.

Copies of the statement are available at the office of the Clerk of the Papers.

COMMITTEE REPORTS

National Assembly and National Council of Provinces

1. ANNUAL REPORT OF THE JOINT MONITORING COMMITTEE ON IMPROVEMENT OF QUALITY OF LIFE AND STATUS OF WOMEN

                         MAY – NOVEMBER 2004
   

2. NAME OF COMMITTEE:

   Joint Monitoring Committee on Improvement of Quality of Life and Status of Women

   Chairperson: Ms M R Morutoa Deputy Chairperson: Ms E S Mabe

3. MANDATE OF THE COMMITTEE:

   2.1 Mission: To monitor and evaluate progress with regard to the improvement in the quality of life and status of women in South Africa, with specific reference to the Government’s commitments - (i) to the Beijing Platform of Action; and (ii) with regard to the implementation of the Convention on the Elimination of Discrimination against Women; and (iii) to any other applicable international instruments eg SADC Declaration on Gender and Development

   2.2 Vision: Achieving improved quality of life and status of women and gender equality across the social and racial spectrum in South Africa

   1. Objectives: Monitor and ensure that gender sensitive policies and programmes are implemented in all Ministries and departments Monitor all legislation including the Budget for compliance with the Beijing Platform for Action and Cedaw Monitor all our ministries and departments to ensure they have mainstreamed gender in all their programmes and budgets

   2.4 List of Entities reporting to the Committee

    Refer to Joint Rules, Constitution and Beijing Platform for
    Action
   

4. CHAIRPERSON’S OVERVIEW:

   The Third Parliament’s Joint Monitoring Committee on Improvement of Quality of Life and Status of Women was finally appointed on 29 October 2004, when the names of the NCOP component of this joint committee were published in the Announcements, Tablings and Committee Reports of Parliament. The names of the National Assembly component were published in the Announcements, Tablings and Committee Reports on 26 August 2004.

5. CORE OBJECTIVES:

   The Joint Committee must - (a) monitor and evaluate progress with regard to the improvement in the quality of life and status of women in South Africa, with specific reference to the Government’s commitments - (i) to the Beijing platform of action; and (ii) with regard to the implementation of the Convention on the Elimination of Discrimination against Women; and (iii) to any other applicable international instruments; (b) may make recommendations to both or either of the Houses, or any joint or House committee, on any matter arising from paragraph (a) or (b).

6. Committee activities

1. FINANCIAL STATEMENTS:

   Budget allocated to Committee: R 669 007,00

   Expenditure:

   Total Expenditure: R 0,00

2. OUTSTANDING MATTERS:

   The Committee must adopt its committee programme and committee budget plan when Parliament convenes in 2005.

   FORMAL ADOPTION OF ANNUAL REPORT BY THE COMMITTEE

   Adopted 25 February 2005.

                          APPENDIX I
   

COMPOSITION OF COMMITTEE:

SUPPORT STAFF:

Control Committee Secretary: Ms T Lyons

Committee Secretary: Ms M S Pauw

Committee Assistant: Mr F Holliday

Secretary to Chairperson: Ms K Davids

                       THURSDAY, 04 MARCH 2005

TABLINGS

National Assembly and National Council of Provinces

1. The Minister in the Presidency

   (a) Strategic Plan of the International Marketing Council for 2005.

   (b) Strategic Plan of the Media Development and Diversity Agency for 2005-2008.

National Council of Provinces

1. The Chairperson

   (a) Optional Protocol to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, tabled in terms of section 231(2) of the Constitution, 1996.

   (b) Explanatory Memorandum to the Optional Protocol to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women.

   Referred to the Joint Monitoring Committee on Improvement of Quality of Life and Status of Women for consideration and report.

COMMITTEE REPORTS

National Council of Provinces

1. The Chairperson

The Chairperson of the National Council of Provinces, as the Chairperson of the Rules Committee of the Council, presents the First Report of the Rules Committee of the National Council of Provinces, dated 23 February 2005, as follows:

A. Times allotted

To amend Rule 237 by deletion of the words in bold brackets and insertion of the words underlined

237. (1) [Time allotted for questions is one hour] A sitting of the Council will be dedicated for oral questions. (2) The reply to a question for oral reply may not exceed [three] five minutes. (3) The officer presiding may allow supplementary questions. (4) A member asking a supplementary question may not exceed two minutes. (5) The reply to a supplementary question may not exceed four minutes. (6) Only four supplementary questions may be allowed per question. (7) Written replies to questions for oral reply that have not been reached on the expiry of the time allotted and those portions of questions that have not been replied to at the expiry of the period of [three] five minutes referred to in subRule (2), must be handed to the Secretary for inclusion in the official report of the Debates of the Council.

B. Composition

To amend Rule 116 by insertion of the underlined words.

1. (1) The Rules Committee consists of - (a) the Chairperson of the Council; (b) the permanent Deputy Chairperson; (c) the Chief Whip of the Council; (d) the Chairperson and Deputy Chairperson of Committees; (e) the Programming Whip; and (f) two representatives from each provincial delegation one of whom must be a permanent delegate.

(2) A political party represented in the Council that is not represented in the Rules Committee, may designate a Council member to attend, and to speak in, the Committee but that Council member may not vote.

C. Fines

To amend Rule 246 by deletion of the words in bold brackets and insertion of the words underlined

1. The amount of a fine leviable under the [Powers and Privileges of Parliament Act, 1963,] Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 2004, for each of the offences mentioned therein, and for each offence referred to in these Rules or any resolution of the Council, must be determined in every case by an order or resolution of the Council; but such fine may in no case exceed the [sum of R200,] equivalent of one month’s salary and allowances payable to the member concerned by virtue of the Remuneration of Public Office Bearers Act, 1998, except where otherwise provided in the Act.

D. Recovery of fines

To amend Rule 247 by deletion of the words in bold brackets and insertion of the words underlined

1. All fines must be recovered by the Secretary and paid into [revenue] Parliament’s bank account.

Report to be considered.

                        MONDAY, 7 MARCH 2005

ANNOUNCEMENTS

National Assembly and National Council of Provinces

1. Draft bills submitted in terms of Joint Rule 159

(1) Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill, 2005, submitted by the Minister of Housing on 1 March 2005. Referred to the Portfolio Committee on Housing and the Select Committee on Public Services.

(2) National Credit Bill, 2005, submitted by the Minister of Trade and Industry on 3 March 2005. Referred to the Portfolio Committee on Trade and Industry and the Select Committee on Economic and Foreign Affairs.

National Council of Provinces

1. Membership of Committees

(1) Ms M P Themba has been elected chairperson of the Select Committee on Labour and Public Enterprises with effect from 2 March 2005.

COMMITTEE REPORTS

National Council of Provinces

1. Report of the Select Committee on Security and Constitutional Affairs Study Tour to the Limpopo Province, 11-15 October 2004.

The Select Committee on Security and Constitutional Affairs, having undertaken a study tour to Limpopo on 11 to 15 October 2004, reports as follows:

1. Background

The problem of overcrowding has been identified as a key challenge for the various Departments that are responsible for ensuring the effective administration of the South African criminal justice system. Overcrowding not only negatively affects the Department of Correctional Service’s (DCS) ability (DCS) to rehabilitate offenders, but also creates problems for the South African Police Services (SAPS), whose cells routinely exceed their holding capacity. Overcrowding also negatively impacts on the Department of Justice, whose task it is to ensure that cases are heard expeditiously, taking care that the quality of justice administered is never compromised.

1.1. The Nature of the Problem

As of June 2004, there were 187 065 offenders in South African prisons. The 233 active prisons only have the capacity to accommodate 113 551 offenders. Of the total prisoner population, 132 315 were sentenced offenders and the remainder (54 750) were unsentenced offenders awaiting trial in the various prisons around the country. Within the sentenced prisoner population there were 1 926 young offenders under the age of 18 years. Within the unsentenced prisoner population there were 2 232 unsentenced offenders under the age of 18 years.

1.2. Causes

The problem of overcrowding in prisons is the result of complex factors, which include: Detection and conviction: One reason given for the increase in sentenced prisoners is increased crime combating initiatives employed by the South African Police Service (SAPS). Since 1994, the Department of Safety and Security has put in place numerous measures to improve crime investigations, including the establishment of a detective training academy focused on improving investigative skills; the consolidation of specialised crime units in order to ensure a co-ordinated approach to the investigation of crimes and the increased use of technology to assist in investigations. The SAPS benchmarked detection rates (their ability to solve cases) for the first time in 2003/04. The target for 2004/05 is 31%.

Awaiting trial detainees and bail: Many awaiting trial detainees cannot afford to pay the bail amounts set by the court. Sometimes these amounts are quite small (eg R500 or less).

Minimum sentences: The Criminal Law Amendment Act No. 105 of 1997 prescribes minimum sentences for certain serious offences. This Act was originally intended as an interim measure to be reconsidered after the expiry of two years. It was extended after this two-year period and, thus, remains in effect. The Act obliges a magistrate and judge to impose prescribed minimum sentences, unless substantial and compelling circumstances justify a lesser sentence. Data furnished to the National Council on Correctional Services reveals that the population of prisoners serving 10-15 years has increased by 204% since 1995 and the population of prisoners serving 20 years to life has increased by 325.90%.

Changes to the parole and credit system: Chapter VII of the new Act (Correctional Services Act, No. 111 of 1998) deals with release from prison and placement on parole. These sections came into operation on 1 October

1. The new Act increases the minimum period of imprisonment to be served before parole to half of the sentence. In addition, a life prisoner must serve 25 years or two thirds of the sentence, whichever is the shorter period. Thus, no prisoner serving a sentence of life imprisonment will be eligible for parole until a substantial portion of the sentence is completed. Prisoners sentenced in terms of the minimum sentencing legislation will only be eligible for parole after completing four fifths or 25 years of their sentence. The effects of this Act will be to increase the length of time that sentenced prisoners will spend in prisons.

Recidivism (repeat offending) and its causes: There are no official statistics regarding the recidivism rate in South Africa. However this figure is estimated to be between 55% and 95%. High recidivism rates contribute to high crime statistics as well as overcrowding within prisons.

1.3. Consequences

Overcrowding has important consequences both for the larger community, the prisoners and correctional staff. These include:

Human rights issues: Section 35(2)(e) of the Bill of Rights encapsulated in the Constitution of the Republic of South Africa, Act No 108 of 1996, states that prisoners have the right ‘to conditions of detention that are consistent with human dignity, including at least exercise and the provision, at state expense, of adequate accommodation, nutrition, reading material and medical treatment’. Overcrowding within prisons and police cells means that it is impossible to guarantee these rights.

Health issues: Overcrowding and unsanitary conditions lead to the spread of diseases, including serious transferable diseases such as tuberculosis and HIV/Aids.

Effects on education, training, rehabilitation: The high number of offenders within the prison system and overcrowded conditions mitigates against the ability of the DCS to provide adequate educational programmes, training programmes and personal well-being programmes to prisoners. This problem is particularly acute within the awaiting trial detainee population, who generally are not offered any education or training programmes as they are seen as a transient group who will not spend enough time in prisons to benefit from these services.

Consequences for security, discipline and staff morale: Overcrowding within prisons and in police cells results in the inability of the relevant authorities to provide effective security to prisoners. Overcrowding exacerbates the spread of gangsterism within prisons. Escapes are also less easy to prevent in overcrowded conditions. The effect of overcrowding on staff morale is important, contributing to low staff morale and stress.

1. Objectives

In order to properly assess the issue of overcrowding in prisons and in police holding cells, the Committee conducted a study tour of police stations (including holding cells), magistrate’s courts and prisons in the Limpopo Province. The tour was intended not only to be investigative in nature but also to assist role players, whether at local, regional or national level, in identifying solutions to the problems that beset their Departments.

The Committee identified a number of issues for investigation, including:

Ascertaining the conditions of the prisons and police cells. Ascertaining the conditions under which juveniles are detained. Ascertaining court functioning, including the identification of problem areas pertaining to personnel, administration, case backlogs and case flow management. Ascertaining the functioning of police stations, including the identification of problem areas such as personnel, administration, case backlogs and case flow management. The interaction between SAPS, the Department of Justice and Department of Correctional Services at local and regional levels.

1. Key Findings

Key findings of the Select Committee’s visits to the various police stations, magistrate ’s courts and prisons included:

Calcutta Police Station:

The Station is situated in a predominantly rural area, serving 36 villages of which four are particular problematic. It is in the upper levels of crime in Limpopo. The Station Commissioner briefed the Select Committee on conditions at the police station:

A lack of infrastructure (roads and lighting) creates difficulties when police attempt to access the area. The present magisterial district boundaries create difficulties for the police, as they must attend three different courts, which ties up valuable resources in terms of personnel and vehicles. There is a committee in place for the Victim Empowerment Project (VEP) but insufficient budget to implement the project. Calcutta has six holding cells, which require upgrading. Overcrowding of the cells is a problem contributing to incidents of assault among prisoners. There is a shortage of secure care facilities for juveniles (there is only one facility in Polokwane). There is no budget for Community Police Forums (CPFs). Although there are formal structures in place to promote a good working relationship between SAPS and Justice, there was confusion as to the actual number of meetings that took place at a local level (some said that the meetings took place quarterly, while others said they took place monthly).

Calcutta Magistrate Court

The Chief Prosecutor for Limpopo Province briefed the Select Committee on conditions at the police station:

There are personnel shortages, particularly with respect to experienced prosecutors. Prosecutors are recruited into the magistracy or into the private sector, as the salary offered to prosecutors is not sufficiently competitive. Personnel shortages and inexperience affect the standard of service, contributing to the number of cases withdrawn or lost. The Court building is poor condition. A request has been made that the building is rebuilt but there is no budget to do so.

Bushbuckridge Police Station

The Station serves 25 villages. The Station Commissioner briefed the Select Committee on conditions at the police station: The building is in a poor condition. The holding cells were closed in 2001 because of subsidence due to a donga. All prisoners are detained at Acornhoek. New premises have been identified but the process has not been finalised. The Station Commissioner reported a shortage of personnel, especially with regard to crime prevention. Ten members of the South African National Defence Force (SANDF) are stationed at Bushbucksridge to provide support. Reservists are also utilised freeing SAPS members for crime prevention duties. The use of closed top vehicles creates problems as they are easily identifiable, providing criminal with opportunity to evade arrest by fleeing. There have been reports of incidents of assault having occurred among prisoners at Acornhoek. The reason given for the assaults was that prisoners from Acornhoek resented the presence of prisoners from Bushbuckridge. The Station requested that the issue of their accommodation be fast-tracked. The CPF is very dependent on the police to provide support in the way of administration. The Victim Empowerment Project lacks accommodation. There is furniture but no room.

Bushbuckridge Magistrates Court

The Chief Magistrate briefed the Select Committee on conditions at the magistrate station:

The building requires repairs. It was reported to the Committee that not all toilets in the cells were working. This was reported but nothing has been done. There is a shortage of court accommodation. The court covers a large area with only two court rooms. Delays are caused by having to bring awaiting trial detainees from Acornhoek. This affects the daily functioning of the courts. Implementing diversion programmes is difficult, as there are no/insufficient probation officers. The Magistrate stated that it is difficult to know what punishment to impose, as there are no facilities to implement the sentence. Regarding recidivism. The Magistrate commented that the community, as well as the offender, often regard correctional supervision as a discharge. The community can become irate when they feel that justice has not been done. The Magistrate identified factors contributing to a case being discharged, withdrawn or the accused being acquitted, including prosecutorial inexperience; the charge being withdrawn at the complainant’s request (particularly in domestic violence cases); the investigation is not completed. The issue of cases being withdrawn exposed an area of tension between the investigating officers and the prosecutors. The Magistrate stated that the issue of inexperienced prosecutors has a very serious impact on the cases that prosecutors try.

Mhala Police Station

The Station Commissioner briefed the Select Committee on conditions at the police station: There is shortage of police personnel. The station polices 42 villages with a population of approximately 167 000. Overcrowding in police holding cells. Four cells are insufficient to accommodate all prisoners. There is one cell for juveniles, one cell for sentenced prisoners, and two for awaiting trial detainees. There did not appear to be a cell for female prisoners. The relationship with the prosecutors was good, but there are problems with cases taking too long to finalise. The problem of witnesses being given the wrong dates to appear in court also leads to cases being withdrawn as it appears to the Court that witnesses are not willing to give evidence. There is insufficient office accommodation (For example, 10 detectives must work in one hall). There are problems when responding to calls from the public. If the electricity is off, the telephone will just ring.

Mhala Magistrates’ Court

The Chief Magistrate briefed the Select Committee on conditions at the magistrate’s court:

There is no place for women to sit with their children while they are waiting for their matter to be heard. There is a shortage of court accommodation. The Court is understaffed. They need at least two more prosecutors and two more interpreters. The prosecutors reported that there is a problem with the availability of water on a day to day basis. The Court does not run as well as it should as there is a shortage of court orderlies. While regular meetings are held with the police, prosecutors experience problems surrounding dockets not being ready. This leads to cases being withdrawn. Prosecutors also experience problems with regard to postponing cases while waiting for the probation officers’ reports. There is need for a Municipal Traffic Court and a Small Claims Court.

Acornhoek Police Station

The Station Commissioner briefed the Select Committee on conditions at the police station:

Acornhoek forms part of the Greater Bushbucksridge area situated in Limpopo Province. It is a mainly rural area, consisting of forty-three (43) villages, together with a few business centres, of which Acornhoek CBD is the most important. Infrastructure is substandard with mostly dirt roads. The community-to-police ratio is 1:1 666. The police station falls within the Mapulalaneng Magisterial District and on a daily basis attends the Acornhoek Periodical Court, the Mhala Regional Court, Graskop Regional Court, the Bushbucksridge Court on Fridays and the Nelspruit Regional Court. There is a shortage of personnel and resources at the station and its satellite station at Tsakane. Vehicles have high mileages. Co-operation between the Departments (Justice) is a problem. There are irregular meetings between the Departments. Withdrawal of cases: Investigating officers are unable to finalise investigations timeously because of case loads. Cases also get withdrawn because inexperienced prosecutors are intimidated by attorneys. As a result of shortages of personnel, reservists were recruited to support operational duties and to be sector managers. The appointment of these reservists is taking too long. Grievances of members have yet to be resolved at the level of the Area Commissioner. This is contributing to low morale and some staff taking advantage of the situation. The Secure Care Facility at Polokwane is full to capacity and refuses to take more juveniles.

Maake Police Station

The Station Commissioner briefed the Select Committee on conditions at the police station:

Maake forms part of the Greater Tzaneen area (Naphuno 1) and Bohlabelo area (Naphuno 2) situated in the Mopani Area. It is a mostly rural area, consisting of 58 villages together with a few business centres of which Maake is the most important. Infrastructure is sub-standard with mostly dirt roads. The police station itself is found in the Lenyenye township, with satellites in Julesburg and Metz. The police community ratio is 1:4 747.

Shortages of personnel and resources. Vehicles have been boarded and have not been replaced. One of the boarded vehicles is the truck that transports prisoners. This is problematic when transporting prisoners to Polokwane as the vans must take two trips, which has budgeting implications. Although there is a functioning Victim Empowerment Project committee, there is no money for a room.

Bestiality. There was one reported case of bestiality. The explanation that was given was that bestiality was resorted to by young boys who were practising and to avoid getting HIV/Aids. The view was expressed that the problem needs to be addressed through education.

Witchcraft. Cases of witchcraft are reported. Again, the view is that this issue needs to be addressed through education. A good relationship was reported with the Department of Justice but many cases are withdrawn as many complainants in domestic violence cases request that the charge is withdrawn. The holding cells are in poor condition. The demarcation of the magisterial districts is a problem. There are occasional problems in communicating with the area office – faxes to the area office sometimes go astray. There are problems with the 10111 number. The line is being abused by pranksters, who insult the police officers. In addition, the police station does not have its own switchboard and the switchboard sometimes doesn’t work because of power failures. When there are power failures it can be very difficult to communicate with the station and cell phones are utilised (there are only two official cell phones).

Naphuno Magistrates’ Court

The Chief Magistrate briefed the Select Committee on conditions at the magistrate’s court:

The court building has never been renovated. There are concerns about the lack of court accommodation. The prosecutors reported that their offices are very small and hot – there is no air conditioning. The prosecutors have access to only one outgoing telephone line, which hampers their performance. Court security is also a problem. The Chief Magistrate mentioned that he was concerned that there was no mention of Naphuno 2 in the final report regarding demarcation.

Tzaneen Police Station

The Station Commissioner briefed the Select Committee on conditions at the police station:

There is a shortage of personnel and resources. The station has 165 members but is meant to have 255. Their vehicles are in poor condition but must travel long distances. There is only one women detective, which places a great deal of pressure on her to deal with sensitive cases. Jurisdictional boundaries are also problematic, which results in resources being utilised to transport prisoners. Overcrowding in the holding cells is a problem. The station was built in 1905 and is in a very poor state with insufficient office accommodation.

Tzaneen Magistrates’ Court

The Chief Magistrate briefed the Select Committee on conditions at the magistrate’s court:

There is a shortage of personnel and resources. There are insufficient telephone lines for the prosecutors. Office accommodation is scarce – prosecutors must share offices, which can make interviewing very difficult. There is need of a consultation room where victims can be interviewed in private. At present, the prosecutors must conduct witness interviews in the court room. This can be very traumatic and intimidating for victims, especially if the accused is present in the courtroom. The offices are inaccessible – there are no facilities for disabled persons. The lack of security at the Court is problematic. There is only one holding cell for prisoners at the court, which is problematic, as juveniles and adults must be kept separately as must awaiting trial detainees and sentenced prisoners. The demarcation of the magisterial districts is a problem.

Bolobedu Police Station

The Station Commissioner briefed the Select Committee on conditions at the police station:

Infrastructure is sub-standard. Roads are poor and they have to negotiate mostly mountainous terrain. There is a shortage of personnel. Only thirteen (13) of their nineteen (19) vehicles are serviceable. The station has four brand-new holding cells. There is a problem with transferring prisoners to Polokwane prison. Polokwane only take prisoners on Monday, Wednesday and Friday. They will not take sick prisoners or prisoners who are juveniles.

Kgapane/Bolobedu Magistrates’ Court

The Magistrate briefed the Select Committee on conditions at the court:

The prosecutor complained that prosecutors do not have access to computers. There is need of a regional court (there are a lot of sexual offence and domestic violence cases) as referring cases delays matters and there is accommodation for a regional court as the court was recently upgraded. The building that houses the prosecutors is in bad repair with no toilets, no air conditioning and no kitchen. Opportunities for prosecutors to go on training courses appear to be limited because of budget restrictions.

Lebowakgomo Police Station

The Station is situated in a predominantly rural area, and serves 70 villages. The Station Commissioner briefed the Select Committee as follows:

There is a shortage of personnel, particularly with respect to community service and crime prevention. The Community Service Centre has only two vehicles, one is boarded. There is a need for two more vehicles. A member of the CPF (co-ordinator) voiced his frustration at the lack of co- operation displayed by police officials to the CPFs. He stated that unfortunately not all police officers accept the CPFs and that they are looked down upon. He expressed the belief that it was only the station commissioner that supported the CPFs. Another problem with the CPFs is that members of the community do not want to work on a voluntary basis when they hear that there is a budget for community policing. The abuse of alcohol is a factor in the level of crime in the area. Liquor legislation (bye-laws) need to be implemented. Taxi violence is a problem. The Department of Transport does not want to get involved proactively with a result that taxi disputes become violent.

Lebowakgomo Magistrates’ Court

The Chief Magistrate briefed the Select Committee on conditions at the court:

There is insufficient court accommodation. Court rooms are needed for the children’s court, maintenance court and a second sexual offences court. There is a problem with witnesses not being subpoenaed in time and not receiving their witness fees in time. The witness fees that are paid are inadequate (50c per kilometre). Court rolls are often not well managed. There are transport problems for magistrates and prosecutors. There are delays in filling of prosecutorial posts.

Investigations are not always completed timeously, which contributes to the backlog of cases. In the administration there is also insufficient personnel, and in most cases casual or contract labour have to be employed. The casual or contract posts cannot be made permanent because they are employed to fill positions that are created in terms of Family Court pilot projects and as such there are no permanent posts available. The Department of Public Works appears unco-operative. The buildings are dirty. Cleaning of the buildings appears to be problematic. There is need of two more interpreters.

Security at Court is inadequate.

There is a shortage of legal aid attorneys. Cases are often postponed because they are unable to appear.

There is a backlog of cases. An aggravating factor is the shortage of court rooms. Unfortunately, the National Department of Justice and the Department of Public Works decide on priorities and not those who work within Limpopo.

The introduction of a second sexual offences court is planned but there is a shortage of accommodation.

There is a problem where witnesses come from far away. The police will often transport them in the same vehicle as the accused. This is intimidating and traumatising. SAPS responded that it is not their responsibility to transport witnesses to court. Investigating officers will often try to bring the accused the day before and the witness on the day of trial. However, this has budgetary implications and places a strain on their resources.

Zebediela Police Station and Magistrates’ Court

The Station Commissioner and Magistrate briefed the Select Committee respectively:

Infrastructure is sub-standard. There are no tar roads and no direct access to the more remote areas.

The 10111 number is infrequently used. As people in the area do not have access to Telkom phones, they rely on mobiles. MTN and Vodacom emergency numbers are generally used.

Office accommodation is a problem.

There are no female members, only four female reservists. These reservists are utilised to cook and clean, as well as do some administrative work.

The police station is situated in a remote spot far from the community that it serves and is not easily accessible in terms of transport. Even its staff members experience problems getting to and from work.

Probation officers do not visit the cells regularly, only when requested to do so in connection with juveniles.

The Magistrates’ Court is a very busy court, dealing only with criminal cases.

Cases are being lost due to inexperienced prosecutors.

Prosecutors also find that statements are poorly taken. There is need of training in this regard. There is a need for more interpreters.

Mankweng Police Station

The Station Commissioner briefed the Select Committee on conditions at the police station:

The Mankweng police station serves an area of 330km2. In this area one finds the University of the North, a nursing training college, five (5) formal RDP housing projects as well as various informal settlements and the St Engenas and Zion Christian Church. There are nine (9) magoshi areas with nine traditional leaders. A satellite police station has been established at Solomondale township.

This appeared to be a very well run station, with many projects involving external partners from the community as well as other Departments in place. The Station Commissioner reported that they had successfully approached the Department of Health for a ward at the Mankweng hospital to cater specifically for sexual assault cases.

Crime prevention is underresourced and has to make use of the Area Crime Combating Unit. Reservists are also meant to assist with increasing visibility.

Religious gatherings at Easter brings almost 6 million people into the area. Require co-operation from other Departments (Public Works and Transport) to cater for all these people.

The Station has 26 female members. The Equity plan is with Area but the problem is that women and other members are sent to Mankweng from other areas. When they are trained, they apply to be transferred to their home. There is a need to recruit and station people from the Province and not people who will leave the area as soon as they are trained.

There is a problem with regard to HIV/Aids. Although there is a peer educator, people are reluctant to admit to having HIV/Aids. Again the issue of liquor licence controls was raised. The Station Commissioner expressed the view that before a liquor licence is granted, the relevant police station should be consulted.

Mankweng Magistrates’ Court

The Chief Magistrate briefed the Select Committee on conditions at the court:

The Court is short staffed, especially with regard to interpreters and prosecutors. The Magistrate expressed the need for a permanent Zulu speaking interpreter, who is also able to speak Shangaan. There are delays in finalising matters in the sexual offences court. These cases must be heard in the High Court for sentencing and as such a court date must be obtained. Limpopo does not have its own High Court and such matters are heard by the TPD. This is a circuit court that visits approximately once every three months. Limpopo needs its own High Court.

There is a problem with regard to discipline. Where dealing with public servants, only the Director General can dismiss such employees. This can take some time.

3.19. Polokwane Police Station and Magistrates’ Court

Polokwane police station is a priority police station that serves the city of Polokwane. The policing area of the Polokwane Police Station is 3 037km2. The personnel strength of the station is 377 – 297 males and 80 females. The Station Commissioner briefed the Select Committee conditions at the Polokwane Police station and the Chief Magistrate did likewise for the Polokwane Magistrates’ Court:

There is a shortage of vehicles - fifteen vehicles require frequent repairs as they have covered large distances. The station also has four (4) motorcycles, which are used by the detectives and by Crime Prevention. The eight (8) holding cells have a recommended capacity of 96 prisoners but on average 200-250 prisoners are detained on a daily basis. An application for additional cells has been submitted to the Department of Public Works, and the matter has been placed on a priority list. There are eleven (11) cells at the Court.

There is a problem with regard to security at the court. The metal detectors do not work and doors are broken. Magistrates’ houses are broken into and they are held hostage in their own homes. The Magistracy requested DCS to provide them with information regarding ATDs whose bail is fixed at R1 000 or less, as well as details of the crimes that they were alleged to have committed. The intention is for the magistracy to revisit these cases in order to release ATDs on bail or warning where appropriate. There is a problem where a child is released into the custody of his or her parents. Frequently the parents do not want to be responsible for bringing the child back to court.

3.20. Polokwane Prison

The Regional and Area Commissioners briefed the Select Committee on the state of prisons in Limpopo:

The issue of gangsterism has changed somewhat. Nowadays it is Johannesburg and Pretoria gangs versus the Limpopo rural boys. There is a problem surrounding overtime. Treasury has instructed that there is no money for overtime. The introduction of a seven-day establishment is the ideal. Juveniles do receive training, as do other inmates. The budget for the DCS includes awaiting trial detainees (ATDs).

1. Meeting with Regional and Provincial representatives of the JPCS Cluster at Polokwane, 15 October 2004

On Friday 15 October 2004, members of the Select Committee met with regional and provincial representatives from the Department of Correctional Services, the Provincial Department of Safety and Security, the South African Police Services, the Department of Justice and Constitutional Affairs and the National Prosecuting Authority.

Discussion ensued regarding proposed solutions to the Select Committee’s findings. The Regional Commissioner for the Department of Correctional Services noted the Select Committee’s concerns and emphasised DCS’ own concerns regarding the following:

DCS has a large capital budget but is unable to tackle these projects owing to problems with the Department of Public Works. With regard to minor repairs, the monetary limit on minor repairs of R5 000 is too low and should be increased to R50 000. There is urgent need of better information management so that the monitoring and evaluating of services becomes effective.

The Provincial Commissioner for the South African Police Services noted the Select Committee’s concerns and emphasised its own concerns regarding the following:

The SAPS does not manage its own budget with respect to building maintenance. However, a station commissioner can approve minor maintenance to the value of R5 000. Police holding cells are overcrowded which can lead to escapes. Shortages in human resources.

Achieving transformation within the SAPS is proving to be a slow process. The lack of female employees is of great concern. However, in 2003, forty (40) of the forty one (41) new members were female. The Commissioner noted that female recruits have difficulty in passing the existing psychometric tests.

The lack of training facilities. Although it can recruit, training is a national competency.

The poor quality of detective services – A third Commissioner has been appointed to deal with the problem and training has been implemented that specifically addresses statement taking. The reported shortage of vehicles – The Provincial Commissioner reported that there is sufficient budget for vehicles but that the problem lies in the number of damaged vehicles.

The Chief Regional Court Magistrate noted the Select Committee’s concerns and stated its concern regarding overcrowding and its commitment toward reducing the problem by:

Reviewing the cases to see whether bail can be reduced, whether the accused can be released on warning, whether admission of guilt fines can be imposed, etc.

Encouraging officials of the Department of Social Development to embark on diversion programs. Ensuring that Judicial Officers are trained regarding their duty to inform the accused of their right to legal representation. Implementing Periodical courts in the six multipurpose centres. Court Management has already been instructed to investigate the feasibility of this. The Chief Magistrate noted his concern regarding the shocking conditions of the court cells, which also make for easy escape. The Chief Prosecutor and Regional representative for the Department of Justice and Constitutional Affairs noted the Select Committee’s various concerns regarding the functioning of the courts, particularly with regard to the backlog of cases, and commented as follows:

A system has been devised whereby witnesses are given a card that states their next court date. This is to avoid unnecessary postponements as a result of witnesses not attending at court because they did not know what the correct date was. Every Prosecutor must wear a nametag in order to make him or her readily identifiable.

Retention of prosecutors. Despite plans to adopt measures that will address prosecutors’ salaries, no retention strategies are in place and prosecutors are routinely lost to the Magistracy or to the private sector. Courts will be encouraged to motivate for increased accommodation and these motivations will be submitted at the National level. The relationship with the traditional courts requires further exploration.

The Superior Courts Bill proposes the establishment of a High Court for Limpopo. The Bill is presently before the Portfolio Committee on Justice and Constitutional Affairs. A security audit of courts has been undertaken and a bid has been placed with Treasury.

1. General Observations:

Substandard Infrastructure:

The areas being policed are vast and the lack of infrastructure (in the form of roads and lighting) hampers access to remote areas that require vehicles equipped to handle the terrain. Where police members are required to access an area on foot, security requires that there are sufficient staff members.

Personnel shortages:

All police stations reported that they lacked sufficient personnel.

There appears to be a shortage of female police personnel, especially female detectives, which, in turn, places a large burden on the few female detectives. Police stations reported a shortage of vehicles. Even where there were vehicles, these vehicles were boarded or were unsuitable for crime prevention activities.

With the exception of the holding cells at Zebediela (which had been renovated in terms of Project Five Star), all the police holding cells were in a poor state.

Police holding cells were generally overcrowded. Even where the Select Committee did not observe overcrowding, the police officers informed the committee that the cells frequently hold far more prisoners than they are supposed to. For example, at Mankweng, there are four cells. The two that hold adult males must sometimes each accommodate between 60 and 70 prisoners, while they are meant to hold approximately 10 in each. While most police stations reported that their Community Police Forums were functioning well, there appears to be a lack of funding for CPFs, which, in turn, has a negative impact on what these forums can achieve. The CPFs must of necessity rely heavily on the police for assistance in providing resources.

The reasons given for cases being withdrawn include poor statement taking on part of SAPS; failure to complete investigation timeously; complainants in domestic violence cases requesting that their cases be withdrawn; failure of witnesses to arrive at court; a lack of experienced prosecutors.

Victim Empowerment Projects:

Lack of resources and infrastructure. The Mankweng police station had enlisted the help of external stakeholders in providing resources for victims. Many stations reported problems with the 10111 number, as well as difficulties in responding to telephone calls timeously. When asked, all stations stated that they had policies in place regarding response rates but that problems with telephone lines as well as logistical problems, including having to travel long distances to remote areas to respond, were cited as reasons for slow response rates.

The Zebediela police station is far from the community it serves and is inconveniently situated for even its own staff to arrive at. All courts reported that they lacked personnel, whether magistrates, prosecutors, interpreters or administrative staff.

Courts also reported a shortage of vehicles so that personnel could travel to periodical courts. They must rely on the Department of Justice to allocate vehicles. Often magistrates and prosecutors must either share a vehicle – which is a highly undesirable situation – or they must use their own vehicles.

A lack of basic resources, such as telephone lines and computer equipment was reported at police stations and courts alike. Maake police station reported that it did not have its own switchboard, which made telephonic access to the station unreliable.

Most police stations and magistrate’s court buildings were in a state of disrepair. For example, the police station and court at Calcutta, the police station at Bushbucksridge, the police station at Tzaneen, the police station and court at Zebediela were all dilapidated and in need of urgent renovations. The holding cells at Bushbucksridge had actually collapsed in 2001.

Magistrates are not utilising section 62(f) and section 256(1) (i) and (h) of the Criminal Procedure Act to the full. There appears to be some confusion regarding the implementation of these sections and a need for training of prosecutors and magistrates in this regard was expressed.

Recidivism was identified as a problem, and the lack external partnerships aimed at supporting parolees contributes to offenders resorting once more to crime. The difficulties that released offenders experience on release was acknowledged and a suggestion was that seed money is made available to parolees in order that they may start up their own business. The community, especially Business Against Crime, should be encouraged to become involved in such initiatives.

There are also difficulties in the implementation of Regional Courts, as it is creating pressure in terms of accommodation – there are not enough courtrooms and the utilisation of district court structures is having a negative impact on the work of the district courts. There is a lack of secure care facilities for juveniles.

While there appears to be a great deal of interaction between the various departments of the Justice Cluster, there appears to be a lack of co- operation from other departments such as Public Works. There was a feeling that the Departments of Health, Social Development, and Transport should also be involved where appropriate. There was a great deal of frustration regarding issues involving the Department of Public Works including issues such the lack of progress surrounding the repair of dilapidated buildings, as well as the absence of cleaning materials and staff.

There is a very high turnover rate of prosecutors, especially experienced prosecutors, which contributes to cases being withdrawn, delayed and lost. Delays in finalising cases are also caused by the fact that the transcription service providers are not located in the Province. There is a lack of facilities at both police stations and at courts for disabled people.

Wherever the Select Committee visited, they encountered many prisoners charged with rape (some juveniles), which is alarming. The reasons for the high incidence of rape cases that were offered included: the absence of parental care; many cases involved juveniles (both accused and survivor) and alcohol; a belief that young girls and elderly women do not have HIV/Aids. Alcohol appears to be a contributing factor in many crimes, especially violent crimes such as rape involving juveniles. There is widespread agreement that the present liquor licensing legislation is contributing to the problem and that there is a need to ensure that licence conditions are stringent.

The statistics that are kept do not allow for easy comparison across the Justice cluster and even within the Department of Justice itself. In the Department of Justice no record is kept of cases in terms of the crimes committed. This information is kept by the SAPS but is lost once a case comes to Court. Magistrates only record the number of hours spent in court and prosecutors the number of new cases and cases finalised.

There is need for the establishment of more places of safety for juveniles. The issue of court security is of enormous concern to court managers and personnel. Even where there are metal detectors, they do not appear to work. At Polokwane, magistrates have had their houses broken into and have been held hostage.

The fact that Limpopo does not have its own High Court and must rely on the Transvaal Provincial Division (TPD) Circuit Court hinders the swift administration of justice in those matters that must be heard in that Court

1. Recommendations:

South African Police Services (SAPS)

Transformation: It is recommended that female staff members are recruited to the SAPS, especially female detectives. The problem of recruits requesting to be transferred to other areas once they have completed their training should be considered when allocating new members to a station. Preference should be given to recruits from the area. The psychometric tests used to evaluate female recruits to SAPS should be investigated to ensure that they are suitable. Police holding cells are overcrowded which can lead to escapes.

Emergency power supplies: It is recommended that all police stations should have emergency power supplies and that where such supplies exist, they are upgraded.

Training: It is recommended that training of police personnel be prioritised, especially with regard to statement taking.

Prisoners: It is recommended that station commissioners and magistrates should visit prisoners in the police cells on a daily basis. The complaints of prisoners in police holding cells need to be routinely noted and investigated.

Community Police Forums: It is recommended that Community Police Forums (CPFs) be allocated a budget to enable them to be operated independently of police resources.

Victim Empowerment Programmes: It is recommended that sufficient resources be allocated to ensure that Victim Empowerment programmes can be fully implemented. Other stakeholders such as the Departments of Health and Social Development should be invited to come on board.

Department of Justice

Court Accommodation: It is recommended that Courts identify their accommodation needs and motivate accordingly to their provincial office. Certainly, the shortage of court accommodation needs to be urgently addressed. There needs to be greater co-operation between the National Prosecuting Authority and the Department of Justice regarding the identification of new courts in order to ensure that there are sufficient resources to accommodate such a court.

Court Security: It is recommended that security at the courts be urgently attended to, including metal detectors to search for weapons on entering courts.

General

Building Maintenance: It is recommended that the JPCS Cluster establishes a relationship with the Department of Public Works at both National and Regional level in order that its priorities are informed by those of the Cluster.

Relationship with the Department of Public Works: It is recommended that service level agreements are considered as a method of ensuring that the Department of Public Works is held accountable for service delivery.

Inter-Departmental Relationships: It is recommended that other Departments (such as Public Works, Transport, Social Development and Health) be brought on board, especially in connection with projects such as Victim Empowerment and with regard to education of the community on social issues. The Department of Transport needs to be proactive in involving itself in taxi disputes before they escalate into violence (Mankweng police station).

Holding Cells: It is recommended that holding cells for awaiting Trial detainees are situated nearby to the Magistrates’ Court, as transportation of prisoners to courts can be problematic.

Demarcation of Magisterial Districts: It is recommended that finalisation of the new demarcation of magisterial districts is fast-tracked, and that the reported omission of Naphuno 2 in the report on demarcation is looked into.

Rape: The high incidence of rape in the areas that were visited is alarming. It is recommended that the causes of this are investigated and that measures are implemented that educate the community regarding the dangers of not adequately supervising children.

Education on diversion, bail and plea bargaining: It is recommended that all relevant role-players must receive training on the full range of diversion, bail and plea-bargaining initiatives available. The police, magistrates, prosecutors and judges should all be educated on the various legal and procedural options that they have at their disposal to ensure that accused do not have to spend lengthy periods in overcrowded prisons. In addition to some of the measures detailed above (i.e. diversion, plea bargaining and use of the bail provision of section 62(f) of the Criminal Procedure Act). Section 59 of the Criminal Procedure Act, for example, allows a police official (in consultation with the investigating officer in charge of the case) to grant bail to an accused who is charged with a less serious crime. In addition, the R1 000 bail project is ongoing in that accused persons who are not able to pay bail set under R1 000 are bought back to court and the determination of a bail amount is revisited by the court. The full range of options should be identified and all role-players trained on the use of these options.

The community needs to be educated regarding the release of prisoners on warning where their bail has been set at R1 000 or less and regarding correctional supervision in order to combat the impression that these options can be equated with acquittal.

Children. Recommendation: All relevant stakeholders including the Department of Social Development and the Department of Education must ensure that they provide sufficient alternative residential facilities for both awaiting trial and sentenced children.

Report to be considered.

1. Report of the Select Committee on Local Government and Administration on the Intervention in the Elundini Local Municipality, dated 20 January 2005

On 8 November 2004, the National Council of Provinces (NCOP) was notified of an intervention, in terms of Section 139(1)(b) of the Constitution, by the Eastern Cape Provincial Government in the Elundini Local Municipality. The provincial government had submitted an application to the NCOP for approval of the intervention in compliance with the requirements of Section 139(2)(b).

The Select Committee on Local Government and Administration conducted an urgent fact-finding visit to the Elundini Local Municipality between 30 November and 2 December 2004 to consider the application for approval of the intervention. The Committee was of the view that, although Parliament had gone into recess for 2004, the time lapse until Parliament resumed its sitting in 2005 was too long. Following the fact-finding visit the Select Committee submitted a number of urgent recommendations to the Municipality in order to further facilitate the turn-around of the Municipality in the interim.

During the visit, meetings were convened with the MEC for Local Government, the Provincial Portfolio Committee on Local Government, the Ukahlamba District Municipality, SALGA, both the political and administrative arms of the Municipality, Ward Committees, community representatives and other stakeholders in the Elundini Municipal area.

The Select Committee delegation was comprised as follows:

The Hon S Shiceka (Gauteng) – leader of the delegation The Hon B Mkhaliphi (Mpumalanga) The Hon C Ntuli (KwaZulu Natal) The Hon A Moseki (North West) The Hon T Ralane (Free State) The Hon Kgoshi Mokoena (Limpopo)

The delegation was also accompanied by Members of the Eastern Cape Provincial Portfolio Committee on Local Government.

Having considered the application for approval referred to it, the Select Committee on Local Government and Administration reports as follows:

Summation

The Elundini Local Municipality consists of three rural areas, Mount Fletcher, Tsolo and Qumbu. The rest of the subdistrict is mainly farming area with two urban service areas, Maclear and Ugie. The Ukhahlamba District is bordered by Lesotho, the Free State, the Northern Cape, and the southern areas of the Eastern Cape and has a population of about 371 170 people (Mid-2002 estimates, Census 1996 statistics). Elundini comprises the disestablished municipalities of Maclear Transitional Local Council, Mount Fletcher and Ugie.

The Elundini Local Municipality has a collective executive system combined with a ward participatory system. In practice, therefore, an Executive Committee (EXCO) exercises executive authority. Standing Committees established by the Council report to the EXCO. Issues affecting local residents are addressed through ward committees. The Council comprises 32 Councillors, 16 Ward Councillors and 16 PR Councillors. The breakdown is as follows: 28 African National Congress and 4 United Democratic Movement. EXCO is comprised of six full-time Members. The Council has appointed ward committees.

Elundini falls within the jurisdiction of the Ukahlamba District Municipality. Ukhahlamba District is one of thirteen rural nodes that have been earmarked by the President to be part of the Integrated Sustainable Rural Development Programme (ISRDP).

Terms of the intervention

The province is seeking approval for the intervention the terms of which follow below. The Speaker was requested to convene a special Council meeting on 15 October 2004 where the intervention was formalised. The Municipal Manager and the Chief Financial Officer together with a Departmental Team were tasked with drafting a turnaround strategy within 14 days of the intervention date. The turnaround strategy for Elundini Local Municipality incorporates an action plan that will focus on the following broad parameters.

Review of the organogram

Conducting a skills audit to ensure proper placement of staff. Assisting with the rationalisation of policies and by-laws focusing on critical HR policies as a short-term measure. Addressing major infrastructural backlogs that characterise both urban and rural communities of Elundini Local Municipality with specific focus on water and sanitation.

Creation of a clean and healthy environment through the improvement of refuse removal services. Promotion of a meaningful involvement and empowerment of communities in various areas in relation to social and economic development of the municipality as a whole. Meaningful promotion of Batho Pele principles with a clear communication strategy which will endeavour to lessen the number of petitions, promote the voice of the wards through issues such as the demarcation processes, delimitation of wards and elections, etc. Assistance in the eradication of the bucket system in concert with Ukhahlamba District Municipality.

In the area of financial management:

Ensuring that statutory timelines for the submission of annual financial statements are met. Ensuring that credit control and debt collection policies are in place and implemented. Ensuring that the Council responds to the reports of the Auditor General. Presentation of the financial position of the Municipality to communities. Ensuring that the budget, powers and functions and the organogram are linked with IDP. Ensuring that an indigent policy and free basic services are in place and properly monitored.

A summary of the issues gleaned from discussions held during the fact- finding visit can be summarised as follows:

Service delivery issues

Mainly there is no visible service delivery in the Municipality. This is evident in the poor state of roads, non-collection of buckets and, for instance, the absence of streetlights in the Sonwabile Township. Members of the community have staged sit-ins and marches to the Municipal offices.

Some financial assistance has been provided in this regard; for instance, a grant of R 750 000 received by the Municipality for infrastructure development was used for RDP houses and other projects. The percentage of the Municipal budget available for service delivery is inadequate. The proportion of the budget being spent on salaries currently far exceeds Treasury norms. Since the area has no revenue raising capacity, the Municipality relies heavily on the equitable share.

The rural nature of the municipal area presents certain inherent infrastructural challenges, particularly with regard to the provision of water and sanitation. While there is waterborne sewerage in some parts of town, other areas still make use of the bucket system. The growth in informal settlements is also a contributory factor.

The fact that a high proportion of the budget is being spent on salaries also inhibits the funding available for maintenance. Given the low levels of maintenance of amenities, services and facilities, over the last five- year period, it is likely that a greater need for maintenance of such facilities will arise shortly.

Stakeholders noted that, due to the dominance of certain groupings within the functioning EXCO there is a perception that service delivery is skewed in favour of the Mount Fletcher area. Therefore, residents of the towns of Ugie and Maclear perceive a bias against them.

The Administration

The staff structure of the Municipality is bloated. This is coupled with serious capacity shortcomings as well as a lack of discipline, cohesion and control within the administration. Contractors are used to supplement this lack of capacity. A critical issue is the fact that the incumbent Municipal Manager appears not to have the appropriate skills and capacity.

The relationship between the Speaker and the Municipal Manager broke down following the latter’s suspension, and there has since been little co- operation between the two. This means that there is effectively no interface between the administration and the Municipality’s political leader.

It appears that there is a lack of understanding about responsibility to be taken for the appointment of staff. A number of people were employed during the period of suspension of the Municipal Manager, without proper procedures being followed. These employees do not have clear responsibilities.

In the Human Resources Department, there are two Corporate Services Managers, following the suspension and subsequent reinstatement of one Manager by a Court order.

There are no performance agreements for the Municipal Manager and senior managers and payment of their performance bonuses therefore constitutes irregular expenditure.

Since the amalgamation of the three disestablished local authorities the remuneration and salary scales have not been the same for all employees of the newly established Municipality. This relates to a dispute regarding the grading of the Municipality for the purpose of fixing staff salaries and benefits. The grading accepted by the Council is Grade 4, which is based on a formula recommended by SALGA, being the grading of the highest disestablished authority plus 1. Long-serving staff members are paid according to a different salary scale and this has led to considerable dissatisfaction.

Council has established a placement committee but there have been considerable delays in the processing of staff placement and finalisation of the organogram.

Amongst staff, there is tension between the Community Services Manager and the Municipal Manager, which adversely affects the Community Services Department. The Speaker of the Municipality is said to have employed 50 new employees with whom she has close personal associations. It is alleged that she uses disaster funds to pay the salaries of the 50 employees. The employment of the 50 also delayed the placement of internal staff. They were also employed on the wrong salary scales.

Suspension and reinstatement of the Municipal Manager

The Municipal Manager, Mr Belebesi, was suspended with effect from 15 February 2002, so that further investigation could be done to verify his qualifications, and investigate his failure to disclose the report of the Auditor General to the administration and Council.

The manner in which he was subsequently reinstated is being questioned. His reinstatement was approved by EXCO and not considered by the whole Council. This was after he was cleared of charges against him, including the fraud and assault charges in the Maclear Magistrate Court. Mr Belebesi resumed his duties on 22 July 2003. Allegations that the Municipal Manager lacks the relevant skills and expertise to perform the duties associated with the post persist.

Adherence to policies and laws

There are serious shortcomings in the adherence by the Elundini Local Municipality to the relevant local government legislative framework:

A Management Support Specialist Team sent to Elundini Municipality in 2003 at the request of the Provincial Department of Local Government regarded the overall financial management function and financial reporting to Council as being of a high standard. Asset management was identified as a major weakness. The Municipality does not have an adequate fixed asset register in place.

An additional weakness is the number of outstanding audited financial statements for the newly established Municipality. This has been attributed to the backlog with the Maclear Transitional Local Council, which dates back to 1995 and is inhibiting the full consolidation of the Municipality’s accounts. It is therefore necessary to prepare annual financial statements for Maclear in order to clear the backlog.

The process of staff placement and finalisation of the organogram has been drawn out over an excessively long period. There are no performance agreements for the Municipal Manager and Section 57 Managers. It appears that managers were not appointed in terms of written contracts, which is contrary to the provisions of Section 57 of the Municipal Systems Act. In general the Municipality is not applying the correct salary scales for a Grade 4 Municipality.

There is a credit control policy as well as an indigent policy in place. Yet the ability of the Municipality to implement such a policy is questionable. The Municipality has no by laws in place. There has been misuse of municipal stationery and assets by certain Councillors.

There are allegations of the abuse of travel allowances by certain Councillors. Not all Human Resource policies have been finalised. The Municipal Manager has not been delegated the power to constitute a tender committee or other powers and functions allocated to municipal managers in terms of the Municipal Systems Act. Council resolutions are not being implemented.

Following the receipt of reports from the municipal departments of finance, corporate services and technical services, in September 2004, the Ukahlamba District Municipality noted the following:

While there is a broad understanding of the principles of the Municipal Finance Management Act, the implementation of a number of critical aspects is not being prioritised, especially the areas around expenditure.

There is a lack of understanding of the roles and functions of officials versus the politicians in a number of areas such as procurement, the appointment of staff and so forth. There are two factions within the administration and Council. There was a lack of clear policies with respect to procurement, disciplinary processes and so forth. There are no clear communication lines for financial approvals and where they are established, the majority of people do not comply.

Political divisions and tensions

The financial and administrative challenges faced by the Elundini Municipality manifest themselves starkly in infighting among Councillors and leadership within the Municipality. By the end of 2004, it had become common for special Council meetings to be convened, as normal Council meetings did not take place.

The divisions in Council manifested itself shortly after the demarcation process was completed in 2000, as a result of which the Elundini Local Municipality was established from the amalgamation of the disestablished TRCs of Maclear, Mount Fletcher and Ugie. The leadership emanates from these different regions, Councillors have remained regionalised and there has since been ongoing disunity in the Council.

At a political level there have been serious interventions to diffuse divisions even in so far as regional party leadership meeting with Councillors in an attempt to harmonise relations. However, the political tensions continued to mount as these interventions were met with defiance against the political leadership.

There is also confusion around the roles and responsibilities of the Speaker and the Mayor’s offices respectively. For instance, the agenda of Council meetings is not generally determined jointly by the Speaker and the Mayor, but is dominated by the Speaker. The Speaker restricted Managers’ responses and this has also led to the undermining of the Municipal Manager. The confusion and divisions have filtered down to the administration, which is factionalised.

There is a long history of conflict involving the Speaker, and it appears that the conflict may be a result of personality problems between the Speaker and Council. The Speaker is widely viewed as being autocratic. Although the Speaker was suspended several times, the suspension led to numerous procedural problems. The Speaker still appears to have a great deal of support from within the community.

The Speaker attempted to dismiss 21 Councillors when these Councillors failed to attend three consecutive ordinary Council meetings in terms of Schedule 1 Section 3(a) of the Municipal Systems Act. Their suspension would have resulted in a lack of a quorum.

There are currently two EXCOs in place, although only one is properly authorised. The present EXCO was never recognised by the Ukahlamba District Municipality and other Councillors in spite of legal procedures having been followed by the Independent Electoral Commission and Councillors. This led to a breakdown in the working relationship between the District and the Local Municipality as present EXCO members were never notified of meetings of District Standing Committees on which Elundini had representation.

Financial state of the Municipality

The budget of the previous year was not passed. The percentage of the budget being spent on salaries is excessive. The salary budget has increased significantly over a number of financial years: R 14 million in 2002/03, R 22 million in 2003/04 and R 31 million in 2004/05.

Due to the high salary budget, little is spent on maintenance and this has resulted in dissatisfaction on the part of residents. Since the area has limited revenue-raising capacity and it currently relies heavily on the equitable share. There are perceptions of maladministration and mismanagement but concrete evidence is lacking. An investigation was launched in order to substantiate the allegations. The investigation was meant to try and understand the depth of the problems beyond the political.

Role of the provincial Department

The MEC noted that the Department has been working with the Municipality on an administrative and political level to resolve problems. But political problems are more difficult to solve. Under the auspices of the Municipal Support Programme, a consultant was appointed to the Municipality but the consultant found it difficult to address problems and then decided to launch an investigation instead. The report is being awaited.

A Management Support Specialist Team comprising specialists in the areas of Administration and Institutional Matters, Finance and Human Resources, visited Elundini Municipality on 22 January 2003 at the request of the Department. The purpose of the visit was to determine the underlying reasons for the problems facing the Municipality. The final report of the Team was based on interviews with senior municipal officials. Many of the weaknesses identified in the report have been incorporated into the turnaround strategy.

It appears that the Department does not have the capacity to intervene comprehensively, especially given its 50% vacancy rate. This is therefore a targeted intervention in the areas of Human Resources and Finance. Three mentors will be appointed, in respect of Service Delivery, Finance and Corporate Services. An amount of R2, 5 million has been budgeted for this purpose. The MEC noted that the Department was drawn into the process very late and has struggled to resolve political problems.

Ward Committees

It appears that there is limited community participation in the affairs of the Municipality and that the community is not involved in key processes such as drafting the budget and the IDP. The Council did not communicate the challenges being faced by the Municipality to the community. There is therefore no alignment between the work done by ward committees and municipal priorities.

Since their establishment, it appears that ward committees do not function effectively. Ward Committees are not adequately supported to enable the attendance of meetings. While Ward Committees received the necessary training, the Municipality appears to lack the resources to support the ward committee system and continue to develop capacity. There is also tension between members of Ward Committees, frustrated by the lack of resources and Community Development Workers, who are remunerated for their work.

Observations of the Select Committee:

The Committee notes that many of its concerns and recommendations are encapsulated in the terms of reference of the intervention. However, the following areas are of particular concern to the Select Committee and are deserving of careful and urgent attention:

The Committee notes the general non-adherence by the Municipality to local government policies and laws. A performance management system, as required by Section 38 of the Municipal Structures Act, has not been finalised in the Municipality. A system of delegations has not been finalised and as a result the administration of the Municipality is effectively hamstrung. Staff morale is low and this is aggravated by the disparity in pay levels as well as the poor standard of office accommodation.

The Committee is concerned that contractors and service providers providing service delivery are not being paid timeously and this is causing dissatisfaction. It is necessary for the challenges facing the Municipality to be communicated to these service providers. It is of grave concern that resolutions of Council, as the elected representative body, are not being implemented by the administration.

The Committee notes with concern the negligible role played by the Portfolio Committee on Local Government in the intervention process and in the ongoing process of monitoring and supporting Municipalities in the province.

The Committee is concerned about how the intervention will address the problems between the Speaker and the Mayor as well as most Councillors. How will the Department ensure that the Speaker does not undermine the initiatives underlying the intervention? The Committee notes that the Department has had to convene sessions to ensure the Speaker’s agreement on the intervention. But how are these reforms sustained at a political level?

The Ukhahlamba District Municipality noted that it has institutional structures in place to facilitate intergovernmental relations with, and support to, its Local Municipalities, including Elundini Municipality. Yet these appear not to function optimally to benefit Elundini. It must be emphasised that the District Municipality is expected to build the capacity of the Local Municipality so that the Local Municipality can perform certain functions. The process around drafting the turnaround plan has not been consultative enough.

The political tensions in the Municipality are serious and divisive and the fact that these tensions have filtered down to the administration and the community, broadly, also appears to have had a negative effect on the efficient functioning of the Municipality.

The Select Committee notes that the Municipality has applied for a R 7 million Municipal Infrastructure Grant to assist in the construction of new toilets. The evaluation of tenders to construct the toilets should be evaluated and processed urgently. The Municipality has not drafted by-laws since its establishment. In the absence of a by-law on livestock, as one example, livestock are able to roam on private land and this results in the spread of disease as well as posing a hazard for motorists. This is exacerbated by the dismissal of the Pound Officer.

The Committee is uncertain whether the Municipal Support Programme is designed to address the current challenges facing Municipalities. For instance, it appears that the Department has no programme to capacitate political office bearers.

The exchange of information prior to the intervention did not happen. There was no interaction between the MEC, the Portfolio Committee, the District Municipality and SALGA around intervention strategies.

It is problematic that the intervention was therefore initiated without the involvement and contribution of the Portfolio Committee on Local Government, the SALGA provincial executive and the District Municipality, notwithstanding that all these role-players expressed their support for the intervention. The methods currently used to detect problems in Municipalities across the province are inadequate. For instance, a framework is needed to inform the manner in which the Provincial Standing Committee relates to Municipalities in the Province.

Progress made since the start of the intervention

While the need for the intervention is widely acknowledged by the District Municipality, Ward Committees, business leaders and farmers and so forth, it appears that progress has been slow and inadequate. An extreme view expressed by the District Municipality is that an intervention in terms of Section 139(1)(b) may be too lenient and that the Council should be dissolved with immediate effect.

The fact that the Administrator appointed by the province is located in Bisho creates the perception that he is not in control and not responsive to the concerns of the community and its stakeholders, including the Business Chamber. The Administrator was noticeably absent from a public meeting convened by the Business Chamber. There are misunderstandings about the role of the Administrator and the Municipal Manager respectively.

Representatives of the Business Chamber noted that the Municipality is on the brink of expansion through tourism, agriculture and the building of a new road running from Cape Town to Durban through the town. However, the Municipality needs to upgrade facilities urgently in order to maximise the advantage of such developments. A number of projects have been proposed, such as an aquaculture project, yet the Municipality has failed to follow up on the proposal. The lack of co-operation by the Municipality has also led to loss of interest by the Development Bank of South Africa and the Eastern Cape Development Corporation.

Recommendations:

The Committee therefore resolves to recommend to the House as follows:

That the provincial government continues the intervention in the Elundini Local Municipality in terms of Section 139(1)(b), with the continued urgent roll out of the turnaround strategy.

That the MEC must submit a report to the NCOP every month after receipt of this report. These reports should focus on the terms of reference for the intervention and areas of concern raised in this report. The Ministry of Local Government should also play a role in monitoring the progress of the intervention.

Time frames for the implementation of the turnaround strategy as well as the recommendations outlined below should be agreed upon between the Municipality and all relevant stakeholders; the adherence to these timeframes will also be monitored by the Select Committee.

The Committee further recommends:

That the Provincial Department of Local Government appoint an Administrator on a full-time basis and ensure that such person be located at the offices of the Elundini Municipality. The location of the Administrator in Bisho has caused some difficulties since the start of the intervention.

That the collection of buckets be resumed as a matter of urgency. Other service delivery functions could be outsourced as a short-term measure. These service delivery functions must be monitored regularly. The Committee notes the dissatisfaction expressed about poor service delivery by the Municipality. In particular, the non-collection of buckets from the homes of residents by the Municipality is of grave concern, given the consequent health risks.

The use of buckets by residents must be phased out by the Municipality. Viable alternatives must be investigated and costed urgently. It appears that the Municipality is not implementing a policy of free basic services. The Municipality must be assisted to develop mechanisms to provide free basic services as soon as possible.

The Municipality must begin to monitor the quality of work done by contractual service providers, with respect to roads, housing and so forth. In the turnaround strategy a long-term mechanism to monitor quality must be developed. The Municipality should pursue a wide consultative process with all concerned stakeholders on the turnaround strategy. In addition, the Municipality must meet with and address workers, noting their concerns for prompt follow up. The District Municipality must assist the Municipality to workshop standing orders and to develop a mechanism for their tracking and implementation. The lack of office space and equipment for staff, the Mayor, the Speaker and Exco members must be addressed.

The relationship between the District Municipality and Elundini Local Municipality must be strengthened. A political and administrative solution must be found to solve the difficulties in their relationship. The Administrator must facilitate this process, at an administrative level. The Portfolio Committee should monitor this process at a political level. The District Municipality must also assist the Local Municipality to access funding for service delivery. The Committee notes that ward committees appear to support the intervention. These ward committees are divided and do not report to the community. However, ward committees urgently need assistance in the form of training, administrative support and financial support and allowances. All role players need to be taken on board to ensure the sustainability of the intervention’s initiatives, including the District Municipality, the Provincial Portfolio Committee and SALGA. In all future interventions, before the MEC intervenes, he must consult the Portfolio Committees, SALGA and other stakeholders. The Development Bank of South Africa and the Eastern Cape Development Corporation should be encouraged to support capacity building initiatives in the Municipality. At a broader level, the DBSA should convene workshops nationally and provincially on capacity building for standing committees in order to identify the needs of provinces.

The District Municipality must assist the Municipality in completing the following: finalising an organogram, the process of staff placement and design of a performance agreement system for all staff, in particular the Municipal Manager and Section 57 managers, must begin as a matter of urgency. Job descriptions for all still need to be drafted. The Municipality should also be assisted in the finalisation of by-laws. The proportion of the budget currently being spent on salaries is untenable. The process of placement should also seek to reduce the salary bill.

A capacity building programme for all staff must be developed by the Municipality, as well as learnerships, where necessary with the involvement of the Sector Education and Training Authority. There is a need for extensive staff training and a capacity building programme in administrative systems, record keeping and relevant local government laws and policies.

The Municipality must be assisted to finalise key policies, including an indigency policy and a procurement policy. A system of delegations must be workshopped and implemented. A tender committee, complying with the requirements of the Municipal Finance Management Act, must be established. The District Municipality and its Municipal Manager, must provide assistance in this regard.

The tariff structure of the Municipality must be revised.

The Administrator must convene meetings with emerging farmers, contractors and business leaders, as well as other stakeholders. A policy outlining the conditions under which the community may access the community hall must be finalised. Following the Ugie disaster, a solution to the housing crisis must be prioritised. Access routes to the municipal area are very poor; signage and road lights are very poor. Public Private Partnerships to overhaul the roads must be encouraged throughout the municipal area.

There is a need to establish appropriate mechanisms and procedures for the Elundini Local Municipality to participate and be represented in the processes of the District Municipality. There is an urgent need to appoint a pound officer so that animals trespassing on private land may be seized. The establishment of an audit committee, as required by Section 107 of the Municipal Finance Management Act, is urgent.

Ending of the intervention

It is envisaged that the intervention will continue until the Administrator, together with the Department of Local Government, is satisfied with the implementation of the turnaround strategy, levels of service delivery as well as the long-term rehabilitation of the Municipality.

Report to be considered.

                          TUESDAY 08 MARCH

ANNOUNCEMENTS

National Council of Provinces

1. Membership of Committees

   Education and Recreation:

   Appointed: Mazibuko, F

Social Services:

  Appointed: Mazibuko, F

1. Referrals to committees of papers tabled

   The following papers have been tabled and are now referred to the relevant committees as mentioned below:

(1) The following paper is referred to Select Committee on Finance:

  Special Report of the Auditor-General on the Consolidated Financial
  Statements of the National Government for the years 2002-2003, 2001-
  2002, 2000-2001, 1999-2000 [RP 206-2004].

(2) The following papers are referred to the Select Committee on Economic and Foreign Affairs:

(a) Government Notice No R.4 published in Government Gazette No 25874 dated 2 January 2004: International Trade Administration Commission of South Africa in terms of the International Trade and Administration Act, 2002 (Act No 71 of 2002).

(b) Government Notice No R.3 published in Government Gazette No 25873 dated 2 January 2004: International Trade Administration Commission of South Africa: Import Control in terms of the International Trade and Administration Act, 2002 (Act No 71 of 2002).

(c) Government Notice No R.47 published in Government Gazette No 25927 dated 9 January 2004: Amendment to the Compulsory specification for the safety of moulded-case circuit breakers (VC8036) in terms of the Standards Act, 1993 (Act No 29 of 1993).

(d) Government Notice No R.75 published in Government Gazette No 25948 dated 29 January 2004: Declaration of certain goods as controlled goods and the determination of control measures applicable to such goods in terms of the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No 87 of 1993).

(e) Government Notice No R.77 published in Government Gazette No 25949 dated 29 January 2004: Amendment of Government Notice No R705 dated 23 May 1997 in terms of the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No 87 of 1993).

(f) Government Notice No 110 published in Government Gazette No 25968 dated 6 February 2004: Revision of the annual finance charge rates in terms of the Usury Act, 1968 (Act No 73 of 1968).

(g) Government Notice No R.168 published in Government Gazette No 26004 dated 13 February 2004: Draft Safeguard Regulations: For public comment in terms of the International Trade and Administration Act, 2002 (Act No 71 of 2002).

(h) Government Notice No 182 published in Government Gazette No 26027 dated 13 February 2004: Approval of an application for the Strategic Industrial Project (SIP) in terms of the Income Tax Act, 1962 (Act No 58 of 1962).

(i) Government Notice No 248 published in Government Gazette No 26051 dated 27 February 2004: Standards Matters in terms of the Standards Act, 1993 (Act No 29 of 1993).

(j) Government Notice No R.209 published in Government Gazette No 26014 dated 20 February 2004: Withdrawal of the compulsory specification for slow speed vehicles and replacement with the compulsory specification for agricultural tractors in terms of the Standards Act, 1993 (Act No 29 of 1993).

(k) Government Notice No R.297 published in Government Gazette No 26113 dated 12 March 2004: For general comment in terms of the Housing Development Schemes for Retired Persons Act, 1988 (Act No 65 of 1988).

(l) Government Notice No R.320 published in Government Gazette No 26136 dated 12 March 2004: Import control in terms of the International Trade Administration Act, 2002 (Act No 71 of 2002). (m) Government Notice No R.337 published in Government Gazette No 26143 dated 19 March 2004: Notice under Clause 82 in terms of The Sugar Industry Agreement, 2000.

(n) Government Notice No R.355 published in Government Gazette No 26161 dated 26 March 2004: Withdrawal and replacement of the compulsory specification for vehicles of category 01 and 02 in terms of the Standards Act, 1993 (Act No 29 of 1993).

(o) Proclamation No R.26 published in Government Gazette No 26285 dated 21 April 2004: Commencement of the Broad-Based Black Economic Empowerment Act, 2003 (Act No 53 of 2003).

(p) Government Notice No R.642 published in Government Gazette No 26375 dated 28 May 2004: Regulations: Payment of levy and the issue of sales permits with regard to compulsory specifications: Amendment in terms of the Standards Act, 1993 (Act No 29 of 1993).

(q) Government Notice No R.643 published in Government Gazette No 26375 dated 28 May 2004: Compulsory specification for small arms shooting ranges in terms of the Standards Act, 1993 (Act No 29 of 1993).

(r) Government Notice No 712 published in Government Gazette No 26444 dated 8 June 2004: Notice under section 13: Declaration of certain biological goods and technologies to be controlled and control measures applicable to such goods in terms of the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No 87 of 1993).

(s) Government Notice No 714 published in Government Gazette No 26422 dated 11 June 2004: Standards Matters in terms of the Standards Act, 1993 (Act No 29 of 1993).

(t) Government Notice No R.790 published in Government Gazette No 26530 dated 9 July 2004: Withdrawal and replacement of the compulsory specification for the manufacture, production, processing and treatment of canned fish, canned marine molluscs and canned crustaceans in terms of the Standards Act, 1993 (Act No 29 of 1993).

(u) Government Notice No R.791 published in Government Gazette No 26531 dated 9 July 2004: Withdrawal and replacement of the compulsory specification for the manufacture, production, processing and treatment of canned meat products in terms of the Standards Act, 1993 (Act No 29 of 1993).

(v) Government Notice No 796 published in Government Gazette No 26540 dated 9 July 2004: Standards Matters in terms of the Standards Act, 1993 (Act No 29 of 1993).

(w) Government Notice No 847 published in Government Gazette No 26669 dated 13 August 2004: Application for approval for the Strategic Industrial Project (SIP) in terms of the Income Tax Act, 1962 (Act No 58 of 1962).

(x) Government Notice No 943 published in Government Gazette No 26649 dated 13 August 2004: Standards Matters in terms of the Standards Act, 1993 (Act No 29 of 1993).

(y) Government Notice No R.980 published in Government Gazette No 26689 dated 17 August 2004: Regulations for the registration of liquor manufacturers and distributors, and related matters in terms of the Liquor Act, 2003 (Act No 59 of 2003).

(z) Government Notice No R.1163 published in Government Gazette No 26882 dated 8 October 2004: International Trade Administration Commission of South Africa: Import control in terms of the International Trade and Administration Act, 2002 (Act No 71 of 2002).

(aa) Government Notice No 1194 published in Government Gazette No 26877 dated 15 October 2004: Standards Matters in terms of the Standards Act, 1993 (Act No 29 of 1993).

(bb) Proclamation No R.51 published in Government Gazette No 26958 dated 1 November 2004: Commencement of the National Gambling Act, 2004 (Act No 7 of 2004).

(3) The following papers are referred to the Select Committee on Social Services:

(a) Report of the Central Drug Authority for 2003 [RP 16-2005].

(b) Report of the Central Drug Authority for 2004 [RP 17-2005].

(4) The following papers are referred to the Select Committee on Land and Environmental Affairs:

(a) Government Notice No R65 published in Government Gazette No 27199 dated 28 January 2005: Establishment of the National Water Resource Strategy in terms of section 5(1) of the National Water Act, 1998 (Act No 36 of 1998).

(b) Government Notice No 113 published in Government Gazette No 27235 dated 11 February 2005: Assignment of certain provisions of the National Forests Act, 1998 (Act No 84 of 1998) (“The Forests Act”) to South African National Parks (“SANParks”) in terms of the National Forests Act, 1998 (Act No 84 of 1998).

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Water Affairs and Forestry

Strategic Plan of the Department of Water Affairs and Forestry for 2005- 2008.

COMMITTEE REPORTS

National Assembly and National Council of Provinces

1. Report of the Joint Monitoring Committee on Improvement of Quality of Life and Status of Women on the Optional Protocol to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, dated 8 March 2005:

The Joint Monitoring Committee on Improvement of Quality of Life and Status of Women, having considered the request for approval by Parliament of the Optional Protocol to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, referred to it, recommends that the House and the Council, in terms of section 231(2) of the Constitution, approve the said Protocol. Request and report to be considered.

National Council of Provinces

1. Report of the Select Committee on Social Services on the World Health Organisation (WHO) Framework Convention on Tobacco Control, dated 8 March 2005:

The Select Committee on Social Services, having considered the request for approval by Parliament of the World Health Organisation (WHO) Framework Convention on Tobacco Control, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Convention.

Report to be considered.