TUESDAY, 4 AUGUST 2005 __

          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES

                                ____

The Council met at 14:00.

The Deputy 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.

              WELCOMING OF DEPUTY PRESIDENT TO COUNCIL

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P Hollander): Today we are all honoured to have here, Her Excellency, the Deputy President of the Republic of South Africa, Ms Phumzile Mlambo-Ngcuka. Today, more and more, we believe that women are given an open door and are able to become all they were created to be. They are moving out in different areas of expertise and are making an important difference in the lives of those whom God puts in their realm of influence. They realise that they were created for a special purpose and that they have a destiny to fulfil and women need the spiritual covering.

Hon Deputy President of the Republic of South Africa, we welcome you here today in our presence. This is your first visit as our Deputy President of the Republic of South Africa. Please feel welcome with us, and we are honoured to have you here today.

I would also like to welcome in our presence today all the Premiers of the provinces, the Speakers of provinces, and the special delegates present. Thank you for coming and thank you for your attendance.

We have visitors and representatives from organisations who are on the gallery. We would like to welcome them too to this occasion today, and we say welcome to you and thank you for coming to this debate.

Hon members, I have been informed that we won’t have motions today, except the motion by the Chief Whip, who wants to rearrange the Order Paper.

           MOTION DEALT WITH AFTER SUBJECT FOR DISCUSSION


                         (Draft Resolution)

The CHIEF WHIP OF THE COUNCIL: Thank you very much, hon Deputy Chairperson. I want to make a progressive proposal that, in the light of the fact that the Deputy President has other engagements, which she must discharge on behalf of the country, the motion in my name be dealt with immediately after we have concluded the debate of the Deputy President.

Chair, I move without notice: That the motion as printed on the Order Paper be dealt with after the subject for discussion.

Having said that, we should go directly to the debate of the Deputy President. Thank you.

Agreed to in accordance with section 65 of the Constitution.

       WOMEN BUILDING A SOUTH AFRICA THAT TRULY BELONGS TO ALL


                      (Subject for Discussion)

The DEPUTY PRESIDENT: Thank you, Deputy Chairperson, hon Premier Mbhazima Shilowa and Premier Dipuo Peters, hon members, the veterans and leaders of civil society in the gallery, the 2004 Businesswoman of the Year winner Futhi Mtoba and the 2005 Businesswoman of the Year winner Montla Nhlanhla . . . [Applause.] . . . Mrs Zo Kota, the ANC Women’s League Chairperson in the Western Cape . . . [Applause.] . . . and Ambassador Chikane, who I’m told flew from Germany for this debate . . . [Applause.] . . . it’s a pleasure for me to stand here today and speak on this debate. It is my maiden speech as Deputy President . . . [Applause.] . . . and I’d like to congratulate the House on this debate.

This is a period not only for celebration but also for renewed commitment and reflection amongst all our citizens, both men and women. It’s a time when we look back at our history and assess our achievements in the context of where we have been, where we are and where we are going.

We also need to plan ahead, in the global context, following the Beijing Platform for and Plan of Action and the Beijing +10 Assessment. In the spirit of celebration, let me therefore, again, warmly welcome all the other people who have come here to celebrate with us, to renew with us, and to refocus on the future with us.

We are in a season of milestones. We look back 49 years and celebrate the historic and courageous march of women to the Union Buildings on 9 August 1956; we celebrate the 50 years since the adoption of that epochal human rights document, the Freedom Charter, in Kliptown; 51 years ago the women also adopted our Women’s Charter, on 17 April 1954 - women have always led. The Freedom Charter had a precursor, which was the Women’s Charter.

We must remember also the countless other women, at all levels of society, who endured all kinds and forms of oppression through and during the many decades we come from. We also use this occasion to celebrate the advances that we’ve made in this democracy since 1994 with regard to gender transformation and we, again, take note of the challenges that remain ahead.

This is the second decade of democracy. Today I’d like to highlight some of the outcomes of Beijing +10, as they arose in the recent debates and discussions in New York. The 49th session of the Commission on the Status of Women held in New York, from 28 February to 11 March 2005, further reaffirmed the decisions taken at the fourth World Conference of Women held in Beijing in 1995.

The significance of the reaffirmation of the Beijing Plan of Action for South Africa’s national gender programme is that it provides further impetus for the country, as well as for many other countries, to take forward their commitments to their women.

And, I’d just like to highlight some of the common issues that arose through the many countries that presented their programmes before the UN. The issue of the eradication of poverty is paramount to most countries; the eradication and prevention of violence against women and children; the strengthening of the international research and training institutions for the advancement of women; the support for women and the girl-child in the fight against HIV and Aids, this particular point was tabled by SADC; the mainstreaming of gender perspectives, international policies and programmes.

In line with the commitments that we made in Beijing and the presentation that was made by South Africa our government continues to work tirelessly at all levels to address many of these issues that I have mentioned.

Our 2005 progress report, also to the UN, also indicates that there were indeed visible signs of progress that we have made as a country, but, we needed to do more. And I’d just like to list one by one some of the issues that we consider as the key challenges that we face as a country and, indeed, for you, hon members, I think this automatically forms a job description.

The things that you have to do with, for and about women of this country include poverty eradication – we have visible impact to some extent in our country, we’ve made some changes that made an improvement in the quality of life, we’ve been able to increase access to clean water, sanitation, primary health care, education, civic participation and income, but I think you’ll be the first to say that we’ve got to do much more than we have done so far. So that is the agenda for us.

On the education and training of women, South Africa has implemented various transformation programmes and interventions to address the content of our education system that is as a result of the legacy of apartheid education. In addition, we have made compulsory schooling accessible to almost all our children, we have adult basic education, vocational skills development, special focus on the education of the girl-child and women, but, again, even on this priority, it is globally identified as a challenge for progressive nations, and when it comes to women we would be the first to say that there’s more to be done.

On the issue of women and health, again, in South Africa we have the policy on universal access to primary health care introduced in 1994, which is the basis for health care delivery programmes; we have had a major impact especially in the rural and poor populations in the rolling out of different forms of health programmes; we have, in this regard, also achieved and included access to reproductive health care programmes; we have, right now, a big programme that we are rolling out on comprehensive care in relation to HIV and Aids and, yet again, we would be the first to say, if we are building a South Africa that belongs to all of us, we have more to do in this regard.

On the issue of violence against women, a global concern and an issue in our own report as South Africa to the UN, South Africa is approaching this very vigorously. We have a multifaceted approach that addresses both the issues of women and children; we’ve had some limited success, especially with the increased national awareness and condemnation of violence against women. Government has put the legislative framework in place to deal with these challenges, and thanks to you legislators for the vigour with which you have ensured that we develop, table and pass legislation.

In terms of the law reform process dealing with gender-based violence, decisive statutory interventions, such as the Domestic Violence Act and the Maintenance Act, as well as the introduction of minimum sentences for serious crimes in the criminal justice sector have been made.

The Domestic Violence Act is intended to provide victims of domestic violence the maximum protection from domestic abuse that the law can provide. Amendments are also being considered in relation to combating violence against women and children, beyond what is already covered in the Acts that I’ve mentioned.

Two such examples are the Criminal Procedures Amendment Act that limits the granting of bail to persons accused of having committed specific serious offences, which includes rape in the Criminal Procedures Act that provides for minimum sentences for murder and rape with aggravating circumstances.

There are also a number of important Bills that have been, or will soon be, tabled in Parliament to plug the gaps in the criminal justice system. These include a proposed sexual offences Bill, which is primarily aimed at encouraging victims of sexual offences to report the occurrence of such offences to the authorities, and to prevent secondary victimisation upon entering the criminal justice system.

The Bill broadens the definition of rape and declares certain victims, such as children and women, as vulnerable witnesses. This will entail more protection for such victims in court, such as the obligatory appointment of intermediaries and giving evidence through a CCTV system.

I am being elaborate about this because I am just trying to highlight the intensity with which we have sought to address these issues. And yet, I’ll be the first one to say we have got a lot of work to do, still. The implementation of all those measures is not yet satisfactory and we are amongst the people who are entrusted by the people who elect us to ensure that implementation is done more speedily and more intensively.

As we speak, one perpetrator of such crimes, Donovan Moodley, the self- confessed killer of young Leigh Matthews, was sentenced to life imprisonment earlier today. We congratulate our law-enforcement agencies for putting him behind bars where he belongs and on the tireless work that they did in order to crack this case. Our hearts go out to the families.

Again, sadly, no meaningful information has come to light regarding what happened to Constable Frances Rasuge of Temba in Hammanskraal, who disappeared in August last year. We reiterate our call for anyone with information to please come forward and assist the police in solving this case.

I’d like to thank the Lekganyane congregation for all the work that they have done to support the family, who are members of this church, and also for the splendid organisation last Sunday at which they sought to bring together the people to pray for the family and to support the police. I’d like to assure the police that they have the support of all of us in their tireless efforts to crack this case.

Hon members, I’d like us to intensify our oversight role; your oversight role - I have to remember where I am standing on this issue . . .[Laughter.] . . .so that you can make sure that these interventions have the desired impact. We passed these laws with good intentions, but that is not the end of the matter.

There is also the issue of women and armed conflicts. The last decade has increased involvement of women at all levels of decision-making related to armed conflicts. Some women are fighters; some are peacemakers. I know those women here; they are the peacemakers. [Applause.]

Our women in our forces in South Africa are also participating in peacekeeping activities throughout Africa, and we have seen a significant number of women also becoming involved in peacemaking and negotiations in different parts of the world. As our President and our former Deputy President traverse the continent of Africa in search of peace, I think that we should be behind them and continue to do our work in our own way as peacemakers.

Today we talk about SA Women in Dialogue – Sawid – one of the formations that we have in our country, which is also dialoguing with women in different parts of the world around the issue of peace, particularly women in Africa. There is nothing more important for us in Africa and the future of this continent than ceasefire.

Makungadutyulwa, qha. Abantu mabatye. [No shooting, period. People should have food.]

I am very clear that if there were more women who were in positions of power in the world, there would be less gunfire and more eggs . . .[Applause.] . . .so that there is more protein, and if you get angry and feel like a fight . . .

• umntu umbethe ngeqanda, qha. [Kwahlekwa.] [ . . .all you do is hit somebody with an egg.][Laughter.]

So the worst that you can have is egg on your face, which can be good because it’s good for your skin.

Regarding women in the economy, state measures to equalise opportunities for women have also been at the forefront. We have sought equal pay for equal work, and for work of equal value. We have made sure that equality and non-discrimination laws are in place. We have sought to enhance women’s participation in fiscal and economic policy and in terms of facilitation of women’s access to economic resources.

Today we have seen the mushrooming and strengthening, as well as the consolidation of formations of women in business. And that is why today we sit here with some of our outstanding women who are winners of awards for their contributions in business. These women are now partners and play a significant role in business organisations.

The woman I made reference to – Ms Futhi Mtoba – is a partner at Deloitte and Touche, and also during her reign . . .It is nice that women reign and become queens because of their brains and their worth, and not because of the way they walk. [Applause.]

During her reign as the Businesswoman of the Year in 2004, she convened an international conference on social entrepreneurs, people who are entrepreneurs, who make profits in the process of solving social problems. So if you ever want to be a BEE and make money, don’t make cigarettes. Get into a business and an enterprise that addresses the social problems, and we will call you a social entrepreneur. We won’t call you an “ungxowa- nkulu” [a fat cat]. She organised that conference and, again, this is just one of the visible contributions that women in business are making in our society.

South Africa has also established an extensive network of interrelated institutions that have all forms of programmes around women, popularly known as the gender machinery, which I’m sure you all know about. South Africa has also done its work in relation to women in human rights, and our Constitution is testimony to this work.

We have done our work regarding women in the media, and in particular we have also sought to address and continue to address how women are depicted by the media, how children are depicted by the media to the extent that sometimes they are exposed to dangerous situations that encourage those who seek to abuse children to continue with those heinous crimes.

We have initiatives around women and the environment. We have lots of initiatives around the girl-child. In our programme of action on children’s rights, we pay particular attention to the issue of child abuse, which, as you know, in many cases happens inside the family where the child should be protected and cosseted.

I also would like to commend the role played by women members in Parliament, both in the debates … There is no debate that takes place in any of our legislatures here in Cape Town and throughout the provinces in which there isn’t an effort to adopt a gender-sensitive approach to the issues. We see the same when we pass legislation. This is what you get when you get good women in charge; they do this kind of good work. Thank you very much, colleagues. [Applause.]

The empowerment of women also, through the different pieces of BEE legislation and programmes, remains crucial. We have not seen as much empowerment as we had hoped for through all those interventions. One of the things that I hope and intend to focus on is to ensure that our scorecards, which guide the implementation of the many charters that we have, address significantly the issue of the empowerment of women.

We have our imbizos as well, through which we meet and interact with a lot of women, and through them we are also able to pick up the challenges that women face.

Last week there was also the Shoprite Checkers/SABC 2 Woman of the Year award. I was impressed by some of the work that women do. Fiona McDonald, who won the health category, was retrenched in 1997 and, together with two colleagues, started an NGO called Choice Comprehensive Health Care, which runs a home-based care project that attends to no less than 5 000 impoverished rural people every month.

Beka Ntsanwisi, who won the social welfare category despite suffering from colon cancer, chose to make a difference in the lives of thousands of community workers in Limpopo where she is like Mother Teresa in going about supporting people in the community who are, in some cases, in a much better position than her, and those who are in a worse position than her. This is the calibre of women we have in our country, and we salute these unsung heroes.

I want to end by urging that we make sure that we work tirelessly to continue to build a South Africa that belongs to all men and women, a South Africa that will ensure that when we finish the second decade of freedom we will be able to say from our hearts, from our heads, that we have truly turned the corner and that the vision of the Freedom Charter has been realised. South Africa belongs to all, because all have water, all have energy, all can have an equal opportunity to find work, all have food to eat and none of us is afraid to walk in our streets and to live in our houses because we are fully protected. I thank you. [Applause.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P Hollander): We wish to thank our Deputy President of the Republic of South Africa for her input in the debate. Your work is valuable, Deputy President. When one’s work is done well there is a sense of fulfilment. We trust that you will be fulfilled in the work that you have been given to do. Thank you once again.

I now call upon the hon S Mabe, deputy chairperson of the Joint Monitoring Committee on the Quality of Life and Status of Women to continue the debate. [Applause.]

Ms E S MABE: Hon Chairperson, hon Deputy President, Ms Mlambo-Ngcuka, Premiers of provinces present, special delegates and our important guests in the gallery, for the first time in the history of South Africa women came together in an organised fashion on 17 April 1954 and developed a vision of the country which they wanted, in the form of a document called the Women’s Charter.

This event took place in Johannesburg at the founding conference of the Federation of SA Women. In its preamble, the document stated:

We, the women of South Africa, wives and mothers, working women, housewives, Africans, Indians, Europeans and Coloureds, hereby declare our aim of striving for removal of all laws, regulations, conventions and customs that discriminate against us as women and that deprive us in any way of our inherent right to the advantages, responsibilities and opportunities that society offer to any one section of the population.

Against this background, the apartheid regime further entrenched its oppressive and obnoxious laws by extending the carrying of the pass to the women of our country, Africans in particular, thus sending a clear signal that the apartheid government was committed and determined to undermine all progressive struggles and aspirations of our people outlined in the Women’s Charter and the Freedom Charter, which stated that: “South Africa belongs to all who live in it.”

The women, who were our forebears, were determined and resolute that they would not allow the nationalist government to undermine their aspirations. Hence, they took a stand to take it to the street in the famous march of 1956, which was attended by women from all sections of life and from all corners of our country. They shouted and said: “You touch a woman, you strike a rock.” That was the turning point in the organised, mass struggle of the women in our country.

Allow me to make this House aware that women from the Free State joined this march in large numbers. It is for this reason that the ANC Women’s League in the Free State will be celebrating its Women’s Day on 9 August with the remaining 11 women of our province who took part in this march. [Applause.]

Women are the most affected section of society in any part of the world in the destabilisation of societies in the form of wars, oppression and exploitation. In this country, people were forcibly removed from their land through the 1913 and 1936 land Acts, and the apartheid taxes and all these instruments aimed at the further disposition and disenfranchising of our people and created a reservoir of cheap labour – people who worked in the mines, on farms and other places.

Women were the ones who were left in the barren Bantustans to live off what was remaining on their land. They had to burn the midnight oil to keep homes intact while their husbands and fathers were out trying to make a living by working in those mines. It was these women who had to see to it that their families survived under those trying conditions.

It was also women who gave support to our leaders who were brought before the apartheid justice system during the Rivonia treason trial. The ANC has been the only organisation of note that has fought for total emancipation of women in this country.

The former President of the ANC, Comrade O R Tambo, stated: “No society will be free unless the majority section of that society is free.” Therefore, it is against this background of protracted struggles by our heroines in advancing the national democratic revolution that I would like to share the strategic and qualitative advances made by our women, not only in this country, but also in Africa and the world.

The Beijing Platform for Action was the forum of the world where women from all continents of the globe, rich and poor nations, developed and developing countries, and the north and south divides, faced with a common enemy, came together and said these were the areas of convergence within which societies, nations and states had to be measured: Elimination of all forms of discrimination against women; eradication of poverty; and adoption of measures towards placing a decisive number of women in key decision- making positions in all public and private sectors. All these are the areas within which the ANC-led government has to be measured.

In the report on the Beijing Platform for Action, which was held in New York in March this year, From a Communist State to a Capitalist Epitome, the South African delegation . . .Thank you. [Time expired.][Applause.]

The PREMIER OF THE NORTHERN CAPE (Ms E D Peters): Chairperson, Deputy President, Ms Phumzile Mlambo-Ngcuka, my colleague, the Premier of Gauteng, Mr Mbhazima Shilowa - I would like to take this opportunity to really congratulate you for coming to the women’s debate . . .[Applause.] . . .because there are quite a number of men in our country who are still not sure whether they support this revolution of women’s empowerment, and today you have proved quite a number of them wrong and that you are there amongst us, and I need to congratulate you for that - members of the NCOP, distinguished guests, friends and comrades, we are meeting here today, just two days after we, as the Northern Cape, held a successful provincial launch of SA Women in Dialogue.

As the people of the Northern Cape, we were exceptionally pleased to have in our presence, the Deputy President, Ms Phumzile Mlambo-Ngcuka, who gave us an inspiring keynote address. Addressing the gathering of women from all sectors, business, agriculture, mining, domestic workers, professionals, women in government, media, religious organisations, traditional leaders and healers and many other fraternities, our Deputy President gave the women of our province courage and hope.

She taught us the true meaning of bravery, the true meaning of sacrifice and the determination of women in pursuit of the noble goals of equality, freedom and justice. She also emphasised the importance of morality in society. The incidents of women and child abuse also received prominent attention from the Deputy President. She even asked the men: “What have we done to deserve so much beating?”

“Sinenzeni madoda?” [Men, what have we done to you?] Why are we being beaten up like this? For us, it was an indication of a true calling from the highest office to say enough is enough. Women are sick and tired of being beaten up, especially in our province where women and child abuse seem to have become the order of the day. Poverty and disease afflicting women and children also received her attention. Indeed, our Women’s Month programme kicked off on a high note.

Madam Deputy President, on behalf of the people of our province, the Northern Cape, I extend our warmest gratitude to you for your commitment in advancing the development of women in our country. The challenges you outlined at our launch have led to several resolutions, which will give strategic direction to our women and the establishment of young SA Women in Dialogue in our province.

I need to say, Madam Deputy President, that after you left, we were exposed to vibrant young women who actually indicated to us that, even on the day of death, you should not resist death, because we will be leaving the country in the hands of capable women who are now still growing up. I think it is important that we realise that we are role models for these children and we dare not fail them.

Our discussions were on various topics such as gender-based violence, young women’s experiences, social and economic development, moral regeneration and the structures of Sawid. Allow me to take this august House down memory lane, and in the same vein, pay homage to our forebears, the mothers of the nation, who paved the way for our freedom and democracy.

The history of our oppression and our people’s struggle against racial and national oppression is well documented. However, the history and the role and leadership of the women’s movement and struggles against the most brutal system of racial, gender and national oppression have in many instances not even adequately been engaged with and told, so as to ensure that the legacy of those who laid down their lives for the attainment of freedom are adequately acknowledged and celebrated.

For this reason, and many others, during this month of August, which is called Women’s Month in South Africa, we should strive to celebrate and rekindle that undying spirit that propelled those who came before to selflessly struggle for the emancipation of all of the people of South Africa, particularly the women. We draw strength from the song sung by women then, which inspires present day generations of women when we sing and say . . .“Wathint’ abafazi wathint’ imbokodo. Uzokufa.” [You strike a woman, you strike a rock. You will die.]

The unprecedented militancy demonstrated by South African women during the 1950s advanced the liberation struggle significantly. However, to speak generally of South African women is to obscure the real importance of these bitter struggles. Indeed, it was the African women, in particular, those who suffered from both national and sexual oppression, who sacrificed most in the struggle against the apartheid South Africa state’s definition of them as superfluous appendages of African male workers.

Among others, the African women workers had a specific role to play. Exploited as workers and oppressed as Africans, they bore the additional burden of sexual inequalities. It is also true that in apartheid South Africa women provided another source of readily available cheap labour, so necessary for the system to survive. Yet, these women, whose consciousness spanned several dimensions of oppression, played a critical and crucial role in the advancement of the working class struggles spearheaded by Sactu then.

Similarly, women played a leading role in the general political struggles of the 1950s and the 1960s. Specific campaigns led by the women were those which attacked the bases of their particular oppression. In their campaigns against the extension of pass laws to the African women, against the government-sponsored beer halls, and their attacks on the dipping tanks in the rural areas, the women represented a strong united force to be reckoned with.

We, in the Northern Cape, are still reeling from the effects of the state or government-sponsored beer halls, because we still have the problem of alcohol abuse in the province because of the system that was introduced that caused men to be consistently away from their families and staying in the beer halls.

We believed it was important that women resist that, because they saw their families disintegrating. They needed to restore morality in their families. Their strength and determination inspired the men who fought alongside them, side by side, and they advanced the liberation struggle considerably during that period.

The origins of the oppression of the African women, and women in general, in apartheid, colonial South Africa, are similar to those which characterised all colonised nations during the plunder of previous centuries. Expropriation of tribal lands, slavery, forced labour and destruction of indigenous culture; these were the effects of the onslaught of colonialism on the people of Africa and elsewhere.

In apartheid South Africa, the apartheid state ensured the continuation of a system in which African women were oppressed on the basis of their skin colour and their sex. Through the system of migrant labour, the pass laws and other special laws affecting African women, the regime created a particular, unique form of oppression distinguishing it from other forms of female oppression within capitalist societies.

In apartheid South Africa, women were stripped of all those rights considered basic human rights throughout the world: the right to choose where to live and work, the right to live with your partner and husband, the right to bring up and care for your own children and the right to adequate health care. Yet, these women never gave up and mounted huge struggles and made many personal and other enormous sacrifices for the advancement and realisation of the goals of a non-racial, non-sexist, democratic and prosperous South Africa, which belongs to all who live in it.

Women’s resistance campaigns are not a recent phenomenon in South Africa. As far back as 1913, in the Orange Free State, African women in urban locations organised demonstrations against being forced to buy new residence permits each month. [Time expired.][Applause.]

Ms S J LOE: Madam Chair, Madam Deputy President and Premiers in the House, is South Africa a better place than it was under the National Party regime? Undoubtedly it is. Is there equality for all? In theory, there is. Is South Africa a country that truly belongs to all? I think the majority of South Africans would say, no. [Interjections.]

It is a good thing that the ruling party believes the rights of women need to be discussed because they most certainly to. The final question that I asked myself ahead of this debate today was: Could the women of South Africa turn the answer to the question about South Africa belonging all to “yes” instead of “no”? I think the answer to that is yes, because – as was the case so many years ago when women stood up for themselves, marched for themselves, spoke up for themselves - we certainly have a voice. But I am not entirely sure that nowadays we use our collective voice as effectively or as honestly as those women of 1956 did.

Instead of delivering sweetheart speeches burning with idealistic rhetoric, we as the women of South Africa, particularly those of us in this House who are perceived as leaders, need to do a bit of soul searching in order to get the recipe right. Hon Mabe, the ANC cannot beat the DA on emancipation, as you put it. [Interjections.] Almost 50% of the DA caucus in this House is made up of women, elected on merit alone. The ANC can’t beat that. [Interjections.]

We must acknowledge also that there are citizens of our country who do not feel that the country belongs to them. Some feel marginalised by this very government and they have reason to feel that way. Some feel that their very poverty and squalor leave them out of the new South Africa, that they have missed the boat somehow and that South Africa belongs only to those with money, education and the right connections.

Women need to build a society that truly belongs to all. Let us start by telling the men of South Africa when they make the mistake of pulling down instead of building up, let us tell Ministers Manuel and Balfour that they are out of order when they call MPs “coconuts” and “non-Europeans” – whatever that might mean. This could tick off a lot of people, like Mr Rasool, for instance.

Why don’t we point out the mayor of Cape Town’s media advisor who labels coloured people as “white men’s cheerleaders”, saying that Coloureds need to transform ideologically or die a drunken death, and that Africans are culturally superior to all of us – that is not the way to go when building a country that truly belongs to all. Tackle the ball, Mr Blackman Ngoro, not the entire race group. If no one is able or willing to rein in the ANC Youth League, perhaps it should be the members of the ANC Women’s League, who speak out against the obnoxious . . .[Interjections.]

The CHIEF WHIP OF THE COUNCIL: Chairperson, I am rising on a point of order. The hon Shelley Loe said that women who represent the DA in this House came here on merit and the same cannot be said about the ANC members. That is a serious insult to our women, comrade Chairperson. She must be ruled out of order.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P Hollander): Hon Loe, will you please withdraw that statement.

Ms S J LOE: What statement? [Interjections.] I said, Madam Chair, that 50% of the DA caucus in this House is made up of women elected on merit alone. [Interjections.] If I withdraw that, then I am saying that I wasn’t elected on merit.

It is the ANC Women’s League which needs to speak out against members of the ANC Youth League, who make very embarrassing and incoherent remarks about whites and about Tony Leon. They have been making them for years now, along with ANC National Executive Council members, Cabinet Ministers, provincial leaders and other supposedly responsible spokespersons for the ruling party. Their job is to unite, not to divide.

The CHIEF WHIP OF THE COUNCIL: It is good, because her time is over.

Ms S J LOE: Are you the Chairperson? [Interjections.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P Hollander):Order! I would like the people in the gallery not to take part in the debate. [Laughter.] You are not allowed to take part in the debate. Leave the debating to the members down here.

The CHIEF WHIP OF THE COUNCIL: Chairperson, I am rising on a point of order. It is allowed in this House. I do not expect Mr Krumbock, who came late to this Chamber, to tell me to sit down. [Interjections.] What I am saying is that it would be very relevant and appropriate for the member to concentrate on the context of the theme of the debate, rather than run wild, like a wild horse, into other issues that do not relate to the subject which we are discussing today. [Interjections.]

Ms S J LOE: We should be telling the hon President himself that his message through the ANC website . . .

Ms J F TERBLANCHE: Deputy Chair, I am rising on a point of order to ask whether it is parliamentary to compare a member of this House to an animal. That is exactly what the Chief Whip just did.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P Hollander: Which animal? Ms S J LOE: A white horse. [Laughter.]

The DEPUTY CHAIRPERSON OF THE NCOP(Ms P Hollander): Please sit down, hon member. That is not a point of order. Proceed, hon Loe.

Ms S J LOE: The ANC has gone further to drive a wedge between English- speaking and Afrikaans-speaking whites, with the favour falling on Afrikaners. I wonder how, in light of this debate, one supposes English speakers feel and react when hearing this kind of statement. Should we rip our wretched, treasonous tongues right out of our heads?

I have personally been challenged - and Mr Shilowa will remember this – by the likes of Mathole Motshekga and Mary Metcalfe on my place as an African. You tell me: I have Afrikaans roots on one side, Welsh on the other and a bit of everything in between. I am quite a mongrel. Ultimately, do I not owe my very being to Africa, the cradle of all modern men and women?

This is not the way to build a South Africa that is truly for all. If we want women to play a proper role in government, whether it is in the ruling party or the opposition, then it behoves us to tell the truth, no matter how hard that may be. Telling the truth takes courage. Even in front of your . . .

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P Hollander): Hon member, I regret your time has expired.

Ms S J LOE: Thank you. I will give the speech to the media in its entirety. [Applause.]

The PREMIER OF GAUTENG (Mr M S Shilowa): Deputy Chairperson of the NCOP, the Deputy President of the Republic, Premier Peters, hon members, I had to come because the women of Gauteng expected me to be here. And taking note of what the Deputy President said, I think I was right to come here because it would have been raining eggs by now if I were not here. [Laughter.]

As we celebrate Women’s Month we need to ask ourselves a question: To what extent are we succeeding in building a South Africa that truly belongs to all who live in it, especially women? While there are a number of areas that we can point out to show that indeed a lot has been done to improve the lives of women, if we were honest with ourselves we would also acknowledge that there is a lot that needs to be done before we can say with conviction that we have succeeded in building a South Africa that truly belongs to all who live in it, especially women.

In March this year the Gauteng provincial government held its second dialogue to develop a five-year programme of action to respond positively to the challenges facing women. In some respects the challenges facing women, such as poverty, unemployment and underdevelopment, are the same as those facing society. Other challenges, though, such as abuse, inequality, lack of access to resources, discrimination and, of course, the glass ceiling, affect women more acutely.

I therefore thought that instead of me coming here to speak on behalf of government, I would rather let the women of Gauteng speak to the hon members themselves and hence I have made available for distribution later the declaration of commitment on making Gauteng a better place for women by women of Gauteng. When you look at that declaration you will find the following in it: That they say that as women in the province they agree with the UN when they say that no enduring solution to society’s most threatening social, economic and political problems can be found without the full participation and the full empowerment of the world’s women.

They also note that women’s rights and development are inextricably linked and that there can be no sustainable development without the development of women. But they are also of the view that they are not going to come here to complain about what government should do, what political parties should do, what the private sector should do, but that they will decide what programme of action they themselves are going to engage in to ensure that indeed South Africa becomes a better place for women as well.

They identified three areas on which they would want to focus over the next two years: firstly, empowerment for women entrepreneurs; secondly, putting an end to violence against women and children; and thirdly, reducing the burden of HIV and Aids on women, children and families. In doing so, though, they also felt that they needed to identify five key areas which, together with government, they would need to focus on, namely working together to stimulate faster economic growth and job creation; ensuring that we fight poverty; building safe, secure and sustainable communities; developing healthy, skilled and productive people; deepening democracy and promoting constitutional rights; and finally building an effective and caring government.

As part of responding to the issues raised by the women in our province, we are in a position to say to them, yes, we agree with them, that we need to work together on issues of economic development, that we need to look at resources and hence the establishment of the Gauteng enterprise propeller, in which we are hoping that we would be able to ensure that we make resources available to women, particularly those in small and medium enterprises.

We also now need to look further into the decision that would have been taken of ensuring that 10% of construction jobs go to women in the construction industry. We need to ask a different question: not whether or not 10% goes to those women, but what 10% goes to women. Is it 10% in resources? Is it in 10% work? So it is not just the amount of tenders but also that 10% of the overall budget of what is sunk as brick and mortar must go to issues of women.

In looking at issues of poverty we need to move beyond focusing simply on issues of HIV and Aids, looking at issues of whether or not we are distributing social grants, to say that the best way in which we can fight poverty is to ensure that we grow the economy such that it is in a sustainable manner and is able to draw more people who come on board.

One of the things that we thought we needed to do this month, in celebration of Women’s Month, is that on the 17th of this month we will not be having the normal Gauteng imbizo where we go out and meet with communities. We will be having 11 meetings in 11 different communities as an imbizo for women in that particular area and give them an opportunity to engage with us on those specific issues. [Applause.] So those of you who are in Gauteng, when you see a poster saying that there will be an imbizo for women, don’t think it is discrimination. It is simply that we think that it is important that we give women an opportunity to speak directly to us.

Just to conclude, I am not going to engage with the hon Shelley Loe about the DA and its representation, save to give her the following facts which I hope would be something which she would bear in mind into the future: Of course it is possible out of two people to have 50% of a caucus being female, because in that sense you would be right, and when we look at whether it is five or 10, it would still be really between one and two people.

As a province, five out of the 10 MECs are women. Of the 11 HODs that we have, five are women and we have taken a decision as a province to work over the next five years to ensure that 50% of our senior management service personnel are women as well. In that way I think we would then be in a better position to say, indeed South Africa, Gauteng belongs to all who live in it, especially women. Thank you. [Applause.]

Nk J N VILAKAZI: Mphathisihlalo ohloniphekileyo, mhlonishwa Sekela likaMongameli wezwe, abahlonishwa abakhona phakathi kwethu noMkhandlu wonke, kulolu suku sikhuluma ngeqhaza elibanjwe abesifazane ekwakheni iNingizimu Afrika eqhakazile. Abesifazane babambe iqhaza elikhulu kakhulu ekukhuliseni umnotho nesimo sonke eNingizimu Afrika. Imindeni yonke, imiphakathi yonke nemikhakha yonke ezweni lonke jikelele ngeke kwaqhubekela phambili abesifazane besele ngemuva.

Isizwe siyakhula siya phambili. Okusihlaba umxhwele thina besifazane ukubona odadewethu bendlondlobala emikhakheni ehlukahlukene. Lokhu kuyinkomba yeqhaza abalibambile ekwakheni iNingizimu Afrika eya phambili. Umama uyinoni emndenini uqobo lwalo. Umndeni wonke uvikeleka kangcono uma kukhona umama. Isisho esithi “Intandane enhle ngumakhothwa ngunina” siyakufakazela lokhu.

Abantwana abakhulayo emndenini bakhosela kumama kukuhle, kukubi. Emiphakathini yonke kukhona omama abavelele umphakathi othokomalayo ukuba unabo. Amabandla anhlobonhlobo asizwa ukuba khona kwabesifazane ekukhuliseni umnotho webandla, kwazise phela yibona abaningi ezinkonzweni. Imisebenzi yonke inabesifazane ababambe iqhaza eliphezulu kakhulu kodwa namhlanje kukhona engifisa ukubabalula abayizihlabani ezivelele kwabesifazane. Laba siyaziqhenya ngabo futhi sibethulela isigqoko singomama namadodakazi ase-Afrika.

Kukhona iPhalamende le-Afrika jikelele. Kungabuye kube ngubani usomaqhuzu kuleli Phalamende kungasewuye owesifazane, umhlonishwa unkosikazi Mongela. Sithi halala kuwe! Uyibekile induku ebandla ekwakheni i-Afrika yonke jikelele. Ukukhethwa kwakho ukuthi wengamele lesi sikhundla esiphakeme kangaka, kuyasikhulisa futhi kuyasithokozisa thina bantu besifazane. Kukhona iSekela Mongameli laseNingizimu Afrika. Sikhuluma lapha ngomhlonishwa uPhumzile Mlambo-Ngcuka. Sithi halala dadewethu! Uwubhalile umlando. Isikhunda osiphethe siyivela kancane futhi asandele bani. Uzibambe ziqine ntokazi. Ukuqhoqhobala kwakho leso sikhundla kuyasithokozisa thina besifazane.

Kukhona owesimame lapha oqophe umlando ngokuwina indondo yokuthula noxoxo okuthiwa yi-Nobel Peace Prize Laureate waseKenya. Lona phela uNjingalwazi Wangari Matai. Siyahalalisa bakithi! Kuhle kudelile uma sikhuluma ngeqhaza elibanjwe abesimame ekuthuthukiseni i-Afrika. Asinamahloni ngokubalula esengibashilo. Abantu besifazane baningi kakhulu ebuholini obunhlobonhlobo obuphezulu engingebuqede.

Uhulumeni wentando yeningi futhi ubambe iqhaza elikhulu ekuthuthukiseni izinga labesifazane. Ukuba khona kwekomidi elibhekela amalungelo nesithunzi sabesifazane ngokulinganayo, kuyigxathu elitusekayo lokukhulisa izinga lomuntu wesifazane imikhakha yonke. Ukugcinwa kwalolu suku lwabesifazane kuyinkomba yokuphakamisa abasifazane. Egameni leqembu lami iNkatha Freedom Party siyanihalalisela nonke bodadewethu ngeqhaza elinibambile ekukhuliseni umnotho nentuthuko eNingizimu ne-Afrika yonke. (Translation of isiZulu paragraphs follows.)

[Mrs J N VILAKAZI: Hon Chairperson, hon Deputy President, hon Excellencies present and the Council, today we are discussing the role of women in building a prosperous South Africa. Women are playing a significant role in the economic development of and in every other sphere of life in South Africa. Our families, communities and all other spheres of life in our country cannot succeed with the exclusion of women.

Our nation is growing. We, as women, are delighted when our fellow ladies do wonders in different spheres of life. This is an indication of their role in building a prosperous South Africa. Mothers are the nuclei of their families. The whole family is protected by the presence of a mother. The saying “intandane enhle umakhothwa ngunina” [mothers are the best caregivers] supports this.

When children grow up in families, they need their mothers’ support in bad and good times. There are prominent women in all communities who comfort such communities. The presence of women in different denominations helps such churches to have money, because there are more women in churches. In all walks of life women play a significant role, but I would like to mention outstanding women amongst women today. We are proud of them. We salute them as daughters and mothers of Africa.

There is the Pan-African Parliament. Who can be the President of this Parliament except a woman, Her Excellency Mrs Mongella? We are saying congratulations to you! You have made your mark in building Africa. Your election to hold this high position contributes to our growth and women are pleased about it. There is also the Deputy President of South Africa. We are referring to hon Phumzile Mlambo-Ngcuka. Congratulations, my sister! You have made history. The position you hold is rare. Hold your head high, lady. We are elated that you are holding such a position.

There is also a woman who has won the Nobel Peace Prize Laureate from Kenya. She is Professor Wangari Matai. We are saying well done! It makes one happy to talk about the role of women in the development of Africa. We are not ashamed to mention these women. There are many women in different leadership positions and I cannot begin to count.

The democratic government plays a significant role in the development of women. The establishment of the Committee on the Status of Women’s Rights and Dignity is a significant undertaking to raise the status of women in all spheres. The celebration of Women’s Day is a sign of uplifting women. On behalf of the Inkatha Freedom Party, we congratulate you all, ladies, for your role in the economic development of South Africa and Africa in general.]

Ladies, we are proud of you. You deserve to be praised and you are wonderful. Superwomen! Supermodels! Long live African women; long live! [Applause.]

Mr F ADAMS: Hon Deputy Chairperson, Deputy President, hon Premiers, special delegates and colleagues, let us not waste national Women’s Day by viewing it as just another public holiday. Let us take this opportunity to reflect on our progress regarding the emancipation of women in South Africa and also celebrate the role women play in our society. Let’s focus on the ongoing problems that face our women and recommit ourselves to finding answers to these problems. South Africa has one of the most progressive and inclusive constitutions in the world. Since 1994 various pieces of legislation, policies and regulations have also been drafted that commit our society to the equality of women. For us the most visible changes have probably been the increase in women representation within government.

However, not all sections of society are committed to enabling women to take up their rightful place in society. We have to ask ourselves: Why is it that more than half of our population is still not fully integrated at all levels? And, more importantly, how are we going to change that? We cannot merely pay lip service to policies regarding the empowerment of women.

All the roles women have to fulfil, that of mother, wife, breadwinner, to name but a few, they have to do while facing and coping with challenges such as discrimination, inequality, exploitation and violence.

One of the biggest evils that women have to deal with on a daily basis is violence against women. The sad truth is that so many daughters, mothers, sisters, grandmothers and women from all walks of life are subjected to violence and abuse in their own homes.

The perpetrators of the violence are men and sometimes even young boys. We can only change this if men and boys pledge their commitment to ending the cycle of violence against women. Every woman that is subjected to rape, assault or any other form of violence is a woman that we have failed. We have to adopt an attitude of zero tolerance when it comes to violence against women, because as long as women suffer from any form of violence, we will never achieve the total emancipation of women.

What is the message that we are passing on to the future daughters and women of South Africa? Is it a message of fear or a message of hope that violence against women will not be part of their legacy?

Education plays a key role in teaching our sons and daughters self-respect and respect for one another. Through education we can help establish a culture, as embodied in our Constitution, which ensures that men and women live in equality. Tennessee Claflin said, and I quote: “The emancipation of woman is her restoration to equal rights and privileges with man.”

South African women have made a big contribution to shaping the history of South Africa and in building a democratic non-racial, non-sexist South Africa, and they will continue to do so. Therefore, let us pay tribute to the women of South Africa. Long live the women of South Africa; long live! [Time expired.][Applause.]

Ms N B J HOOSAIN (Eastern Cape): Thank you, Deputy Chairperson. Your Excellency, Madam Deputy President, I think that this debate coming in this month as it does, makes us appreciate our hon Premier from Gauteng and the hon Premier from the Northern Cape. It makes us appreciate the kinds of deep-going social changes brought about by the struggle of women. Yet, we need to ask the question: Why is it that we so softly and quietly posed the theme for today, gingerly avoiding any signs of recognition?

We need to recognise that it is the nature of women’s struggle that has brought about the depth of social changes. Is it because we have given women an axe so dull and its edge so unsharpened that more strength is needed? And we need to acknowledge this in the face of the dominant view that women are the weaker sex. This is the cynical approach. Or is it because we trust they have the skill – a greater skill - to bring about success even with those blunt tools?

Why do we find everyone, including women, tiptoeing around the clear and unequivocal recognition that women have the most to gain in undertaking the big social challenges of the times? We need to say it, lest we find ourselves in the position in which we ask the question that John’s disciples asked Jesus: “Are you the one who has to come or should we expect someone else?” I say this even though I grew up as a Hindu and lived as a mother of children growing up through Islam. I say this because I also believe that it is women in living their daily lives and meeting their daily challenges who provide the necessary spiritual content to our struggles for equality. It’s part of the key and essential inputs that we require to build on the struggles that culminated in the 1956 march. With FSAW at the lead of that march, we need to go beyond what was achieved then. What are the inputs we need now? But beyond that we also need to ask: Are we ready for the kind of equality that we are struggling for? We need to ask this, because we still find those contradictions both within the women’s movement, as well as in our society at large.

In our struggle for no violence against women and children, we were able to secure a very exciting Constitutional Court decision - in fact, a few decisions - which recognised the responsibility of an employer to provide an environment, which does not allow sexual harassment – that’s in the case of Grobler. With another decision, which also offered protection to women from unlawful acts by the SA Police Service, in particular the case of NK v the Minister of Safety and Security, the applicant was granted protection in a matter in which she was given a lift by police officers who then, in turn, raped her.

These are the kinds of activities in our society that lead us to ask the question: Are we ready for the kind of equality we are struggling for? How much have we done as women and progressive-minded people - and people who take progressive action – to bring about the change in the hearts of people? How much have we done to ensure that the soul of our nation is not tainted by these antisocial elements that we still face?

The decisions by the Constitutional Court are based on the principle of vicarious liability. This is the liability that falls on those in power to make decisions, who do not take the necessary action to prevent unlawful activity from taking place, such as a case where an employer is responsible for an environment which doesn’t allow sexual harassment.

By extension, this principle, which arises out of the struggle of women, can be extended to broader social activity. We will find that we can do much more, because it is out of our own experience that we can then extend to other areas of our social existence.

Some of the other contradictions that we have manifested themselves in the kind of typical Sasco scenario . . .[Time expired.] Thank you, Chairperson. [Applause.]

Rev E ADOLPH: Hon Chairperson, Deputy President and all other protocol observed, it is indeed a privilege for us to celebrate today, and on 9 August, the sizeable contributions of women in Africa, especially African women, for their achievements. They have turned opportunities into golden opportunities.

I specifically said “African women” because I am colour-blind. If we were talking about white people, my question would be: “Have you ever seen a person who is white like this?” [Laughter.] We are actually colour-blind. I also want to emphasise the plight of women throughout Africa to raise their status and to restore their God-given dignity.

Our newly appointed Deputy President is a typical example of how women can change the political face of Africa forever. I want to congratulate and encourage you, hon Deputy President, to hold yourself responsible now for there are expectations of all the people of Africa who are looking up to you. You are strategically placed as a formidable strategic peacemaker. History will recall you as one of the women who fulfilled that role in Africa, which is what is needed right now.

You have the skills mix as well as the authority and it seems that you have already gone beyond the point of the impossible regarding the country. You are now challenged by the greatest enemy and that is poverty with its ugly face of all social dynamics, which you are painfully aware of, especially regarding women in rural areas where 56% of African women are suffering, are unemployed, and are suffering from illiteracy and that type of thing.

I think everybody will agree with me that the greatest gift that God gave us is the love and energy of women. I strongly believe that it’s only women who can ask new questions to tackle the pandemic of HIV and Aids. [Time expired.] Thank you. [Applause.]

Ms T J NDIMANDE (Limpopo): Hon Chairperson, thank you for this opportunity to share my observations on such a glorious occasion where, as a nation, we are afforded an opportunity not only to celebrate, but also to reflect on the challenges, successes and triumphs of women in South Africa towards building a country that truly belongs to all.

In their paper presented at the World Conference of the United Nations Decade for Women, in 1980, the UN Secretariat said this about South African women:

As in most societies, there is no doubt that the top leadership in organisations in Southern Africa opposing apartheid and racism has been held by men. However, especially in South Africa, women have frequently been the ones to raise the primary issues and to organise and involve the people around those issues. In almost all cases, women were first brought into the struggle when they saw an attempt by the government to destroy their family structure and with it the basic fabric of their respective societies.

It is gratifying to note that the resilience and courage of South African women and all those who supported our cause has not gone unnoticed by both the people of South Africa and the world over. It is equally pleasing that, as a country, South Africa took a conscious decision to put aside a day to celebrate and reflect on the role played by women in building the country to where it is today.

It is on occasions like these that we may need to remind ourselves that it was women who mobilised against pass laws; and that it was women who fought tirelessly and vociferously when their children were brutally killed by those who thought that South Africa would forever be fragmented and paralysed by the draconian policies they introduced.

Swa ha tikomba na sweswi leswaku ka ha ri na lava va sihalalaka tinhamu va ehleketaka leswaku va ta hanya va ri voxe. Swilo sweswo va nga ka va nga ha swi voni! Vo tixisa! A va fanele va languta tinhlayo leti nga endlwini leyi ku ri va ha ri hava ndhawu. Ku lo sala swintsongo leswaku va wela endzeni ka mati va dyiwa hi lwandle leri nga laha ndzhaku. (Translation of Xitsonga paragraph follows.)

[It is evident that even now there are still people who are stubborn enough to think that they will survive on their own. They will never be able to do such a thing again! They are lying to themselves! They should just count the numbers in this House to see that they do not have a space here anymore. It is just a matter of time and they will drown in the sea that is behind us.]

As the country breaks away from its ugly past, we brace ourselves for new challenges ahead and we will use the same resilience towards realisation of a dream to build a non-racial, non-sexist and prosperous nation, as envisioned in the Freedom Charter.

While we will jealously protect our hard-earned democracy and freedom, we will ensure that we consolidate the gains and achievements we have made so far. We therefore call on everyone to rally behind our common vision of a society that celebrates diversity and sees it as a strength rather than a weakness.

As we enter the second decade of our democracy, we remain vigilant. Through the current realities and challenges, we recommit ourselves both as women and as a nation to confront the new enemy that is poverty, unemployment and disease. We will use the same vigour and courage that saw us victorious against the apartheid system.

Yes, there are those who will take a pessimistic stance on our endeavours as they did when we fought against apartheid. [Interjections.] To them we say: The new South Africa has no room for prophets of doom. We will not allow them to derail and dampen our spirit. We therefore call on South Africans of all colours, races, sexes, religions, etc to roll up their sleeves and brace themselves for the new developmental challenges.

As government, we have successfully created an enabling environment through the legislation and policies that we have introduced. We believe that we are moving in the right direction towards victory over poverty and strife.

Loyi a lavaka ku sala, a a sale a ri yexe. U ta tivona a nga ha ri kona laha Afrika Dzonga. [The one who does not want to co-operate with us will remain behind and is not part of South Africa.]

United we will conquer! Thank you, Chairperson. [Applause.]

Ms O TSOPO (Free State): Chairperson, hon Deputy President, Mrs Mlambo- Ngcuka, Premier Shilowa, Premier Dipuo Peters, hon members of the NCOP, distinguished guests, ladies and gentlemen, as we celebrate Women’s Month, we look with glee at the enormous progress we have made as this ANC-led government with regard to the advancement of women in our country. We are inspired by the strategic leadership role played by our government in continuing to demystify the myth about the role of women as being in the kitchen, as child minders and so on.

The achievement we have recorded as the country in advancing the position of women further serves as a clarion call to women to play a pivotal role in the building of a South Africa that belongs to all. This call is the thematic expression of the wishes of the drafters of the Freedom Charter, whose 50th anniversary we are celebrating this year.

Women are confronted with, and have the important task of, ensuring that this country finally realises the vision of the Freedom Charter, of building a South Africa that truly belongs to all. This is with regard to the economic sector, social sector and governance. With regard to the economy, there is no doubt about the fact that our country is still divided in terms of the distribution of economic benefits.

The President’s analysis of the two nations in one country is indeed clear as we look at the economic imbalances between the haves and the have-nots. I have no doubt that the tenacity of spirit and the willpower that the womenfolk have can turn things around to ensure that a South Africa that truly belongs to all is built, economically.

As a character of our country, continent and, indeed, much of the Third World, it is women who till the soil to produce the much-needed agricultural products and serve as child minders for our future leaders in this country. They are the base of the economy.

An enabling environment must be created to allow women to play this pivotal role of building a South Africa that truly belongs to all, on the economic front. Socially, there is a mammoth role that women need to play in the shaping of this kind of South Africa. Whereas we have politically or legally managed to address the inequalities that existed amongst South Africans through the democratic breakthrough of 1994, social inequalities still characterise much of our lives and can be seen through such factors as mortality rates, disease prevalence, access to social services such as housing, sanitation and so on.

But, fortunately, Deputy President, as you have correctly put it, our government has rolled up its sleeves to address these challenges in a manner that has never been done by any other government in this country.

There are no ready-made and easy solutions to some of the daunting challenges that confront us as a nation. Nonetheless, we sometimes do not have to look too far for solutions to these challenges. There is a formidable army of women in our country, whose will has been tested over the years, and they have developed a tenacious and resilient spirit to survive. These women of our country can provide us with solutions to problems that are perceived to be insurmountable or daunting.

As I have noted, our government has placed women on a higher platform to perform important duties and to express themselves. This is particularly the case in matters related to governance. I have noted that the second highest office of the land is occupied by a woman, a woman who is competent and has all the expertise to represent us very well, and we are proud of that.

We are still left with the challenge of gender transformation with regard to such areas as the judiciary, which is still a challenge in this country. I nonetheless believe that, as mindful as we are of this challenge, the necessary solutions will be found.

In conclusion, let me express the commitment of the Free State provincial government to the continued advancement of women in our province. We commit ourselves to continuing to work with women in our province at various levels to advance the vision of the Freedom Charter of a South Africa that truly belongs to all.

Mme ha ke tla kwala modula setulo, ntumelle hore ke re ho mme Loe nalaneng ya rona ya Basotho ha ke so bone pere e eya mojahong ha mmoho le kgomo. DA e ke ke ya ba ya nka monyetla ha e fihla boemong ba Ntlo ena, hobane ha o kgutlela morao diprovenseng ha re bone le ha ele mme a le mong feela, hahlo- holo provenseng ya rona, ka ha ANC ke yona feela e renang ka ha ha e bue feela empa e bontsha ka diketso. Ke a leboha. [Ditlatse.] (Translation of Sesotho paragraph follows.)

[In conclusion, Chairperson, allow me to say to Ms Loe that in the history of the Basotho there is a saying that one will never see a horse racing against a cow - one cannot compare the incomparable. Therefore, the DA cannot come to this House and claim that they have women represented in senior positions, because one will not even find a single woman in their provinces, especially in our province. But this is not the case where the ANC reigns, because it does not only talk; it acts. Thank you. [Applause.]]

Mrs B S MOHLAKA (KwaZulu-Natal): Hon Chairperson, our Deputy President of the country - hon Mrs Phumzile Mlambo-Ngcuka - members of the NCOP and Premiers present, I greet you all. The above theme is a very big challenge to women from all walks of life. Women are the backbone in every society. We can write thick books about this.

I have chosen to speak on the following: women in politics, women in business, and women in management, if time allows me. I would like to start off by saying that women must be assertive. It is common knowledge that women would rather prefer to be led by men than women. A few countries like the Philippines, India and Britain, to name a few, have been led by woman Presidents and Prime Ministers. In India, for instance, we had Indira Ghandi who was a Prime Minister, whereas in Britain we had the Iron Lady, Margaret Thatcher, and in South Africa we have a Deputy President.

South Africa should work towards elevating women. Unlike men, women are very organised. This can be witnessed in communities where women form stokvels. For good and for bad, women are always there for each other to give warmth, support and comfort. It is for this reason that women form companies and co-operatives. The projects that women form are always a success.

One is aware that women have a lot of challenges in our society. Women empowerment workshops regarding various aspects - where women should feature - should be planned and conducted as a matter of urgency, eg workshops on finance, management and business plans. Please, this should be written in the language that women understand. In government departments women must be promoted to higher and top positions. Middle management must not be seen as their ceiling. One is also aware that it is not right to promote a person beyond the level of their competence because this can be very dangerous.

Government must make an effort to organise in-service courses and continuing education. I personally wish women success in their endeavours in the South African context. We know that to educate a woman is to educate a nation. Women must be assertive. They must not say yes when they want to say no.

Let me be direct and say that women have a lot of power. “Amandla kubantu besifazane, amandla!” [Power to women, power!] It is therefore on this premise that I say that women have power and are the ones who can truly be trusted. Yes, in nature, women are leaders, organisers, educators, peacemakers, caretakers, managers and developers, as summarised at the beginning of my speech.

Women are the ones that benefit most. The national democratic revolution is victorious and they often push for its success. Therefore you should not talk about social transformation if you do not know anything about it; you should only talk about it when you know what lies ahead. Economic transformation of the state machinery should not be done without talking to women, unless you want the gains that the country has made to be reversed.

KwaZulu-Natal has developed the programme for the whole month of August, where we will be having summits, women imbizos, women parliamentarians, women rallies, women in dialogue, ladies’ dinners and teas to make sure that we remind women about the power they have.

I think that men are beginning to feel threatened because women are moving forward at a very fast pace. Women participate actively in their community and in organisations such as development organisations, committees, school governing bodies and health committees. We need to encourage women to form small business companies and co-operatives and be part of the BEEs, not only participate in business and co-operatives but also take over the leadership positions in the community structures.

HIV/Aids remains a threat in our country. Let women promote . . [Time expired.] Amandla! [Applause.] Ms Y N PHOSA (Mpumalanga): Hon Chairperson, Deputy Chairperson of the NCOP, hon Deputy President of the Republic of South Africa, Mrs P Mlambo-Ngcuka, NCOP delegates, hon Ministers and Deputy Ministers present here, hon Premiers present here, distinguished guests, ladies and gentlemen, five days from today we will be celebrating national Women’s Day and honouring the heroic struggle waged by women on the winter’s day of 9 August 1956.

As we continue to draw strength and courage from this historic day, it is necessary that during this month we continue to have progressive discussions about critical issues facing us as women in our provinces and in the country as a whole, and in a changing world.

The theme, “Women building a South Africa that truly belongs to all”, is therefore particularly relevant. Its relevance is even more amplified by the fact that we are celebrating the 50th anniversary of the Freedom Charter, adopted by the Congress of the People in Kliptown on 26 June 1955.

As women of this country we have a responsibility to ensure that we continue to advance the vision contained in the Freedom Charter, that South Africa belongs to all who live in it.

Describing the pre-1994 era, President Mbeki, in his inauguration speech said, and I quote: “For too long our country contained within it and represented much that is ugly and repulsive in human society.”

Indeed, the general oppression of women represented much that was ugly and repulsive in human society. However, our government made a commitment and challenged itself to eradicate all that mirrored ugliness and repulsiveness in our society.

In articulating our government’s commitment in this regard, former President Nelson Mandela said, in his May 1994 state of the nation address, and I quote:

. . . freedom cannot be achieved unless the women have been emancipated from all forms of oppression. All of us must take this on board that the objectives of the Reconstruction and Development Programme will not have been realised unless we see in visible and practical terms that the condition of the women of our country has radically changed for the better and that they have been empowered to intervene in all aspects of life as equals with any other member of society.

This was a necessary commitment considering that South Africa belongs to all who live in it. The collapse of the apartheid system created space for the emergence of immense possibilities, not only for women, but also for all the people of our country. There is certainly visible and practical evidence that the status of women in our country has improved substantially despite the challenges that we still have to contend with.

Central to these improvements is our success in eradicating the impediments to women empowerment, gender equality and equity through an enabling legislative framework and practical decisions that we have witnessed.

We specifically acknowledge with pride and appreciation that South Africa has, for the first time in history, a Deputy President who is a woman. She is an inspiration to women of this country and beyond our borders in the global struggle for women empowerment and gender equality.

It is true that the success of every woman anywhere in the world is our success everywhere in the world. I am reminded of one writer who said, and I quote:

The quality of tomorrow’s world will be determined by the courage, intellectual capacity and dearth of passionate commitment of our women today. Women are expected to rise and become titans in their ranks, heroines who are prepared to give a selfless service, trustworthy servants whose purpose is to serve the people . . .

We are about serving the people –

. . .and make a significant contribution towards the development of our    economy, as well as the development of our country, ensuring a quality    life for all our people.

The general representation of women in government has significantly increased since the fall of the apartheid system in 1994. According to the latest statistics from the Office on the Status of Women in the Presidency representation of women in political decision-making in national and provincial executive positions has increased. It now ranges between 32% and 42%.

This progressive range is above the minimum of 30% women representation in decision-making positions as demanded by the 1998 SADC Declaration on Gender and Development. It is also above the 30% threshold for women in international parliaments, which is regarded as the mark at which women can be able to make a significant and meaningful impact on the work of a parliament.

This suggests further practical evidence of substantial progress in the advancement of women development and gender equality in our country, which is imperative for the realisation of a truly united, non-racial, non- sexist, prosperous and democratic society.

We also note with pride that our Constitution protects and guarantees women freedom from discrimination, that the Customary Marriages Act gives protection and relief to women, especially those in rural areas, that the Employment Equity Act and the Skills Development Act protect and improve the status of women in the workplace and that the Broad-based Black Economic Empowerment Act and the Preferential Procurement Policy Framework Act provide for the improvement of the economic status of women.

South Africa is a signatory to the United Nations Convention on the Elimination of all Forms of Discrimination Against Women . . .[Time expired.] [Applause.]

Mrs H JENKINS (Salga): Hon Chairperson, hon Deputy President, hon Premier Dipuo Peters and Premier Mbhazima Shilowa, special delegates, guests in the gallery, it is an honour for me to address this House only a few days before we commemorate a historic event that took place nearly 50 years ago, when women in their numbers, from all walks of life, decided to march against the evil pass laws of the then Nationalist Party government. Nearly 50 years on women are still struggling, fighting for their place in society to achieve recognition and to be treated as equals.

The current reality at local government level is as follows: Out of 8 828 councillors in South Africa only 2 565 are women. That translates into only 29%, with the rest, 70,94%, being men. Only 54 women occupy mayoral positions compared to 230 of their male counterparts. Only 18 women, or 6,34%, are municipal managers compared to 266 or 93,31% of their male counterparts. This clearly is not a true reflection of the gender balance in South Africa and something must be done soon to correct these imbalances. However, as Salga we must acknowledge that it is not all doom and gloom as measures are being put in place to correct the situation.

At its national conference held in September 2004, Salga passed a resolution that was aimed at ensuring that women’s representation in municipalities increased to at least 50%. Subsequently, at Kopanong in Benoni, Salga convened the Women in Local Government Summit in June 2005, where the Benoni Declaration was concluded, from which I quote, as follows:

We, the representatives and women leadership of South African municipalities gathered in Benoni under the auspices of Salga Women’s Caucus, in partnership with the DPLG, the Department of Provincial and Local Government, on the occasion of a national summit convened from 19 to 21 June 2005, to reaffirm our commitment to the Salga national conference in 2004 in Cape Town, including UCLGA, the United Cities and Local Governments of Africa Resolutions of 2005, on realising our developmental local government mandate, including gender equality.

The women mayors, executive mayors and deputy mayors, women speakers and deputy speakers, members of mayoral committees, chief whips, councillors, city managers and their deputies, and Salga senior women managers gathered at the summit, recognised and noted, inter alia, that the 50% quota has now been incorporated into the Salga constitution, but that there are no monitoring mechanisms to realise this commitment; that the UCLGA 2005 resolutions of improving women representation in the UCLGA executive committee to at least five women is not in keeping with the Salga position of the 50% quota and the African Union declaration.

We also acknowledge the need for strategies and programmes to ensure increased representation and participation of women in local government structures for both councillors and officials, especially women in management positions.

As women local government practitioners we, therefore, commit ourselves, firstly, to the implementation of the Salga national conference resolutions on women in local government, gender equity and equality; secondly, to monitor and evaluate progress made by municipalities on an ongoing basis; and thirdly, to engage all political parties represented in the South African national government and urge them to adopt and implement strategies to improve the 50/50 representation in local government.

We further urge Salga to initiate and facilitate the formation of relevant structures within the United Cities and Local Governments of Africa that will deal with gender and women empowerment issues, including peacekeeping efforts in Africa.

Salga and the Department of Provincial and Local Government should continue training women councillors and officials in various skills development, to build their capacity to efficiently carry out their tasks and to ensure retention of skills.

Salga women and men in local government gender committees should monitor gender mainstreaming in all the work of local government, including the development of gender disaggregated data, which should inform our IDPs and budgets.

It should also encourage women caucuses in municipalities to develop and implement programmes that realise the Beijing Declaration and similar conventions that seek to empower women, including targeted groups, such as the youth, the elderly and the physically challenged.

We also said that Salga should ensure that municipalities improve and accelerate engendered service delivery and economic development in order to eradicate poverty and reduce unemployment, especially amongst women.

We also said that Salga and all the South African municipalities should develop and implement strategies and programmes to respond to challenges of communicable illnesses, such as HIV/Aids, malaria, tuberculosis, etc. Thank you, Chairperson. [Time expired.] [Applause.] Ms N PENDUKA (Western Cape): Chairperson, Deputy President of South Africa, Phumzile Mlambo-Ngcuka, Premiers, Ministers and the members of this House, five days from today our country will once again pause for a moment in joining hands to pay tribute to the women of this country. I would want to pay tribute through my speech to one of the heroines of Guguletu, Comrade Whitey Thlokwana, who has just passed away. She has done her work and has been an outstanding comrade. Today we have her memorial service and I hope all of us will remember her in this House.

It was a human spirit that said that one day South Africa will have Nelson Mandela and Thabo Mbeki who will tell the world that never again shall our women be left to stay in the kitchen, but they too shall sit next to us in the Chamber of Parliament, in business and in all platforms of decision- making.

Today that human spirit has delivered no less than 10 women as national Ministers in Parliament in our country. Just last month, that human spirit prevailed again when our comrade, one of the daughters of the struggle of the Western Cape, Phumzile Mlambo-Ngcuka, was elevated to be second in charge of the country.

I therefore stand here and salute our President for the courage, trust and commitment he has shown women. He has truly demonstrated that we as women of South Africa have a place in the sun, that is, in our country. As we observe this national Women’s Day next week, we do so with spirit triumph and some of the great women leaders will be with us on that day.

While we are commemorating this day our thoughts should go to the women who presently grapple with the fight to keep their children away from crime. We are aware that the Cape Flats are riddled with gangsters and the abuse of tik-tik and other drugs in the Western Cape.

Many women are crying endless tears day and night as they helplessly watch their sons and daughters fading away in the world of gangsters and crime. Many of these women never raised their children for this kind of life. They were simply victims of peer pressure. In some cases, it is the result of the environment where they found themselves during the time of apartheid.

These are the challenges that face the women in the Western Cape. Hence I commend the decision taken by the provincial government to combine all the efforts of the various departments into tackling such problems jointly.

I am of the view that to win the war against drugs, gangsterism and crime in the Cape Flats there should be collective efforts taken and broadened, based on a partnership between government and civil society formations. Community organisations, business sectors, the religious fraternity and NGOs all have a role to play in saving our children who are the future generation of our country.

It is painful to hear and read stories of our children as young as nine years who have been using drugs for so many years and have not been in school for some time. I mention this to give this House a picture of what form our struggle now has changed to be, that we need to fight this struggle as we fought apartheid. Now, we should fight drugs and gangsterism. It is now the struggle that the human spirit in our women leaders never led us to. It will be painful to allow that human spirit and triumph over apartheid to diminish in a life of drug abuse, gangsterism, truancy and other crimes.

In conclusion, let me thank this House for extending an invitation for me to come and address you on the eve of such an important day. I believe and hope that the elevation of more women to the position of leadership in this country is a demonstration, once again, that the democracy of our country is on the right track. The strides taken by our people, our women and our President, in the shaping of our country into a prosperous one, should be a model that is used by other countries.

I salute President Mbeki, our Cabinet, the two Houses of Parliament and also the provincial legislatures of our country. It is my hope and confidence. . . [Time expired.] Thank you, Chair. [Applause.]

Ms M P THEMBA: Hon Chairperson, hon Deputy President, Comrade Phumzile Mlambo-Ngcuka, hon members, ladies and gentlemen and our guests in the gallery, ngithi: Malibongwe![I say: Praise!]

The day before yesterday I was privileged to be one of those who were invited to the launch of Women’s Month here in Cape Town by the mayor, Comrade Nomaindia Mfeketo. The launch actually took place, not only in Cape Town, but also in all the provinces because all the provinces actually have programmes for the whole month.

I am going to request our male counterparts to sit down and relax and let us now lead for the whole month. [Laughter.][Interjections.] It is not going to be forever, but just for the whole month because we have got programmes. As we started with the breakfast, the day before yesterday, it was the foundation to say that this is where we are going and five days from now we will be building on the foundation that we have put the day before yesterday.

What is going to happen on 9 August across the country, we are inviting each and everyone to the lunch, not just to come and sit down and eat, but also to come and get information of the successes, the challenges and the programme of action of what is going to happen in this decade.

After the lunch, we will be having dinner at the end of the month. [Interjections.] At dinner – that’s food for thought - we need you and we will give you the programme of action. We will be giving you the tools of the programme to be implemented.

“Ka Setswana, gona le puo e e reng, ya etelelwa ke tshadi pele e wela ka lengope”. [A Setswana idiom, literally translated: women cannot lead, but mislead.] I am challenging the Department of Arts and Culture to set up a committee that will relook at all the idioms and put them in the right phrase. We are saying that we can no longer deny the fact that huge advances have been made with regard to the transformation of all structures of our government and our economy, and that we are busy influencing the private sector to do the same. They have all started.

I want to say to Shelley Loe, I don’t know where she was when we were singing:

When freedom comes upon us we shall need you, we shall love you for the things you have done for us.

The bad things that you have did to us, we are saying we are going to hate you for that but now we are challenging you, despite our political parties, we are saying to all women, let us come together and unite, and come up with a women’s movement that will actually accelerate the train that is at the platform.

I know from my own experience, and I am sure the Deputy President has also alluded to that, that gender balance has resulted from clear political decisions that the balanced presence among women and men makes a difference. Different decisions are made and I believe they are better decisions; they are better because they reflect a wider range of concerns, because they take account of the priorities of the whole of society, not just half of it. And, because of that, it is more likely that the decisions will work in practice.

The policies and the legislative framework in place cannot be regarded as an end in itself; rather the challenge lies in how these policies and legislation are translated into making a difference in the daily lives of all women in our communities.

I am actually now emphasising that you are all invited and on Tuesday, 9 August, please don’t go, Shelley Loe, and do shopping at the malls. Let’s go and attend the celebrations so that you know what the women of this country are doing and that they are not saying that it is not just theory. Go and attend in your respective provinces on 9 August.

I actually don’t want to spoil what the people of the ANC have said. Thank you, Chairperson. [Applause.]

Mr S MOETI (North West): Mme motsamaisi, ke boele ke lebise hlompho ho motlatsi wa motsamaisi wa ntlo ena, le ho motlatsi wa mo-Presidente wa rona wa Rephaboliki mme Phumzile Mlanbo-Ngcuka, batlotlehi ba ntlo, ditona-kgolo tsa rona ho twsa diporofensing tsa Gauteng le Kapa Leboya. Re lebohela monyetla wa hore re kgone ho nka karolo ngangisanong ena. (Translation of Sesotho paragraph follows.)

[Mr S MOETI (North West): Madam Chair, let me salute the Deputy Chairperson of this House and the Deputy President of the Republic, Madam Phumzile Mlambo-Ngcuka, hon members of the House, and our Premiers from the provinces of Gauteng and Northern Cape. We are grateful for to get the opportunity to participate in this debate.]

It is with extreme pride that I rise to congratulate, on behalf of all women, the people and the government of the North West province in particular, the hon Phumzile Mlambo-Ngcuka on her appointment as the first woman Deputy President of the Republic of South Africa.

Indeed the continent of Africa and the world may have been taken by surprise by your appointment. However, hon Deputy President, we in South Africa and, in particular, as the ANC, consider this to be the necessary and the logical progression of our quest to achieve gender equality across all the spheres of life, beginning with positions of leadership.

We may not be aware of it now but the imprint this will leave for future generations of women in our country is clearly the stuff of the history books. We are certain that by accepting this opportunity you have done so on behalf of all the women of our country and continent, thereby putting our women empowerment efforts at a higher level. We are therefore assured of your success. It is nevertheless a success that is not without precedent.

In the minerals and energy portfolio that you administered, with that resolve, the Mining Charter whose birth you have facilitated will remain one of your many achievements. Chairperson, you’ll pardon me if I single out this one. Indeed it is important for me being from a platinum province. The mining industry is very close to our hearts and in the North West province we will be forever indebted to you, particularly because this has paved the way for the participation of so many of our women in the mining industry.

Our province, as well as the country, has witnessed considerable achievements in the area of women empowerment. Today, about 49 years since the historic women’s march to the Union Buildings in August 1956, we stand proud and tall as we witness the successful implementation of our policies which are aimed at improving the lives of women. Indeed we have testimony of this in the form of women representation and participation in various leadership positions, both in the public and the corporate world.

It serves as testimony that our country has moved decisively away from a past of institutionalised gender and race discrimination to a non-sexist, non-racial and democratic South Africa. We have moved beyond simple ideals and policy and we are now in the irreversible mode of implementation. That is why today we call on all our citizens to join us in the implementation of the resolutions we have taken to build a society that respects and promotes women’s rights as human rights. It is a society that shuns gender violence and a society that has demonstrable confidence in the leadership of women. Only through joint efforts can we achieve such a society, but we are well on our way.

We say your struggle is unfinished but it is nevertheless on an inexorable path of victory. We can count many laws of Parliament and provincial legislatures that have facilitated this quest for women’s emancipation and empowerment, including the Promotion of Equality and Prevention of Unfair Discrimination Act; the Employment Equity Act, the Domestic Violence Act, as well as section 187 of Chapter 9 of the Constitution that calls for the promotion of respect for gender equality and the protection and development and attainment of gender equality.

Through this Act we have established the Commission on Gender Equality whose powers include the power to monitor and investigate and advise. We are eternally proud of this and other achievements, coming as we do from a mostly rural province.

We are also proud to report that for the first time women now sit in our traditional councils, that they can and do own land, and that generally we have improved the lives of many women through our policies, programmes and various organs of state, providing those basic services like water and electricity in those rural areas. Indeed it means so much for those who were previously condemned, not only to toiling in the factories and in the fields, but also to endure the burden of carrying water on their heads for so many kilometres.

However, challenges are still there. We can never rest in the knowledge that we still have a long way to go in ensuring that we improve the living conditions of and create an enabling environment for all women, to advance socially, economically and politically.

We will never shy away from the obligation to ensure that the poor and marginalised, as well as rural women, are able to secure opportunities, as well as access to basic social services and employment to improve their lives. As I have already mentioned, providing water to those areas, the villages of Taung and many other villages, indeed, is a step in the right direction. I thank you. [Applause.]

The DEPUTY PRESIDENT: Thank you very much, hon Chairperson. As we close our debate, I am convinced that this House and many of the people who spoke today, realise and can testify that South Africa belongs to all who live in it, and that South Africa belongs to women – so women cannot be treated as second-class citizens in this country.

When President Mandela and subsequently President Mbeki took the step to appoint women in their executives, they demonstrated the faith that they had in women and they broke the mould, not only for South Africa but also globally. They were convinced that South Africa belongs to all who live in it. South Africa belongs to women.

Today, as women, we have opportunities but we also have responsibilities. One of the opportunities that we have as citizens of the world, as true citizens of this land, is to ensure that we also continue to break the mould for other women and for other people who are less privileged. The power that we have, the responsibility that we have, is for us to ensure that we continue to make South Africa and the world a better place for everybody to live in. Our theme today and the emphasis that everybody has put on South Africa belonging to all who live in it, means that every day as we discharge our responsibilities, we must remember that.

Hon Mabe, thank you for also emphasising and highlighting the issues facing us, and that are coming out of Beijing +10. Thank you also to you and to Premier Dipuo Peters for raising some of the historic facts and for covering and emphasising for us the highlights and the role that was played by those who went before us, by those women who struggled for us to be here today.

I just want to remind hon Loe, that the women of South Africa can speak for themselves. When she said that she does not think that the women of South Africa believe that South Africa belongs to them, I can tell her that the women of South Africa, in the first instance, believe in the ANC.

Out of the 20,6 million people who voted in the last election in 2004, when the ANC got 69,6% of the vote 54,8% of those who voted were women. There were more women who voted in the last election than men. The women believe in the ANC and they know South Africa belongs to them, especially if the ANC is leading. [Applause.] So hon member, don’t patronise the South African women; they know how to speak for themselves.

Again, Comrade Shilowa, I can just say: You rock. Thank you very much for the issues that you have raised and thank you very much for making us aware of and presenting to us the declaration of the women of Gauteng, as well as telling us about the creative idea of women imbizos.

I am going to an imbizo myself tomorrow in Beaufort West, in preparation for local government elections. I will see if I can smuggle a women’s imbizo into that process. The issues that you raised also highlighting the importance of going beyond just addressing the basic needs and opening up the bigger opportunities for women, not just fighting against poverty but fighting for women to lead an economically enriching life, so that women who live just beyond survival, remain very crucial. In this regard, hon Premiers, hon MECs . . . “Khanihlawuleni amashishini asakhasayo, bethuna. Khanihlawuleni abantu abanenzele umsebenzi.” [People, please pay emerging businesses. Pay those who have delivered services to you.]

People deliver services to us. We are supposed to pay them in 30 days, 60 days and 90 days’ time . . . “ . . . kuphele iinyanga ezintandathu singabahlawulanga. [. . . and then six months will elapse without us paying them.] We have not paid them. One old man asked me: Just take me into your confidence, Deputy President, and tell me, is the government bankrupt? “Yini ningasibhatali? Kaloku ukuba imali iphelile masazi, size kuvelana nani.” [Why are you not paying us? If you are bankrupt you should inform us, so that we can be considerate.]

I said, no, there is no question of this government being bankrupt, because we have a macroeconomic balance that is taken care of because we have done such a good job in building the foundations. We have fiscal discipline and we never procure services we cannot afford. Why are we not paying the SMMEs? Premiers, “ndiyanicela”? [I ask you?] I am going to do a road show in all the provinces within my first 100 days in office. Just give me a gift. “Yekani amatyala, hlawulani abantu abahluphekayo.” [Refrain from making debt, and pay the poor people.]

What this means is that the SMMEs are subsiding government. I am just asking that we take this issue seriously. It is an important part of enriching and empowering women beyond survival. I am even talking about women who are providing food for the feeding schemes. Most of them are so poor that by the time you pay them, they are already bankrupt. Their house has been taken away from them. Please! “Ndiyanicela, maqabane.” [I plead with you, comrades.]

Mama uVilakazi, ngiyabonga ngokuthi ubalule ukuba semqoka kweqhaza elibanjwa omama emakhaya ekwakheni isizwe ngoba mhlawumbe leyo nto uma sekuphithizela kakhulu lapha ngaphandle siyayikhohlwa. Asikwazi ukuthi sakhe isizwe esiqotho singakwazanga ukwakha ikhaya. Ngakho-ke, lowo msebenzi uhlale ubalulekile bekhona obaba noma bengekho. Nokho-ke nobaba kufanele bawenze lo msebenzi wasendlini ukuze kuzokwazi ukuthi kubanjiswane futhi kwakhiwe namakhaya aqotho. (Translation of isiZulu paragraph follows.)

[Mrs Vilakazi, I thank you for touching on the important role played by mothers who are at home building the nation, because we tend to forget about the benefits that are due to them. We cannot build a true nation if we can’t build true homes. Therefore this work is ever important, with or without men. Men should also do some housework so that there could be co- operation and the building of true homes.]

I would also like to highlight what I think is a very important role and that is the role of parents as parents in the fight against HIV and Aids. We are not organised enough in our capacity as parents. Each one of us here who has a child, how often have we sat with our children and advised them about how to avoid infection. It is never too early to start. You have to start when they are still very young and you have to continue to do that, even . . . “ . . .nalaba asebenabantwana asebebadala nasebeshadile njalo njalo . . .”[ . . with those who have grown-up children already and those who are married and so on.]

The issue still remains. I would just like to mobilise us as parents to form a movement of parents against Aids and be active. You don’t have to organise a hundred people. “Kwakho lapho uhlala khona . . .” [In your house, where you stay . . .] . . . that is your audience. Organise or die. “Ngakho-ke ngiyaninxusa bazali.” [Therefore, I urge you, parents.] “Qabane uAdolph osuka kwi-ID, hayi ndiyakuva mfondini. Thetha.” [Comrade Adolph, from the ID, I hear you. Speak.]

MEC Tsopo from the Free State, thank you so much for the issues that you amplified. Comrades, we need to make sure that the issue of the leadership of women is also focused on the quality of the women that you want to deploy. It is not just about being deployed and being there, but it is being able to provide the service that we are expected to provide.

We need to start that with the coming local government elections. We have to increase the numbers and Salga highlighted the issue and the challenge that we face. We need to do something between now and the local government elections to prepare women for the local government office and to make sure that we get good women. There are so many good women. There are so many good women - it hurts. We need to be able to . . . “ . . .kulezi zinhla zethu, ngiyacela . . .”[ . . .in these structures of ours, I plead with you . . .]

Let’s make sure that we don’t turn our list conferences into circuses. We must make sure that we think about the people that we are going to lead and to govern as we elect and nominate the people. We need to make sure that the 50-50 target is also chased and chased effectively.

We must remember that women are the majority of the voters. We must keep on reminding them. I urge the women to ensure that they exercise their majority by ensuring that they vote for the people that they want.

I disagree with the hon member who said that women don’t like to vote for other women. As parties we don’t present women with enough women to support and to vote for. Women want to support women, but we need to continuously mobilise women. We also need to make sure that we facilitate access to information for the ordinary woman.

The many services that we have, the many things that you and I see to where we work, creating possibilities and opportunities for women, and then they live in the desk, in our files and on our shelves, because we have not created the mechanisms to take the message out to the women. That is one of the things that we need to do. And constituency offices . . . “Mazisebenze.” [ . . .must work.]

That is one facility that we have, all of us as members of Parliament, to utilise for ensuring that the people of South Africa know what they are entitled to and know that we are here to serve them.

Thank you very much to the representative of Premier Molewa for the kind things he said to me. I also want to join the hon member from the Western Cape who mentioned Comrade Whitey who we are going to be burying this weekend. She truly was an exemplary woman, a woman of courage and a woman of strength.

I happened to know Whitey very well, because she worked at some point as my constituency administrator, a leader in the ANC, a leader in local government, a parent, a mother, a wife and a fun-loving woman, who really left us rather much too soon. May she rest in peace. As I finalise, about the targets that we have set ourselves as this government, in 2014 we want to halve poverty, we want to halve the number of people who are unemployed and, of course, we want to eradicate violence against women, and we want to ensure that we create the most favourable conditions possible for women to be leaders and for women to be recognised. And, in order for us to do that, we need this august House to carry out its task in the manner in which we expect them to do it. It is clear that we can only do that if the ANC leads and the ANC wins. Thank you. [Applause.]

The CHAIRPERSON OF COMMITTEES: Thank you, hon Deputy President. Hon Deputy President we want to thank you, as the NCOP, for coming to this House to lead the debate and also to close it. We can say that we are proud of you. We know during the term of office when you were the Minister of Minerals and Energy you have encouraged women, in particular, to participate in the mining world. That mining world was dominated by men, but today a lot of women are part of it. We also believe that you are still going to drive the empowerment of women. You must know that the women of South Africa are behind you. Thank you very much. [Applause.]

       FAST-TRACKING OF CONSTITUTIONAL MATTERS AMENDMENT BILL


                         (Draft Resolution)

The CHIEF WHIP OF THE COUNCIL: Chair, I would like to move: That the Council ratifies the decision of the Joint Subcommittee of the Joint Programming Committee adopted on 4 August 2005 in accordance with Joint Rule 216(2), namely that the Constitutional Matters Amendment Bill [B 22 - 2005] (National Assembly – sec 75) be fast-tracked by, where necessary, shortening any period within which any step in the legislative process relating to the Bill must be complete, in order to make it possible for the Bill to be passed by both Houses before 31 August 2005.

The CHAIRPERSON OF COMMMITTEES: As there is no speakers’ list I shall now put the question that the motion be agreed to. 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 provinces’ votes. Are all the delegation heads present?

In accordance with Rule 71 I shall first allow provinces the opportunity to make their declarations of vote, if they so wish.

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

Ms B N DLULANE: Eastern Cape supports.

The CHAIRPERSON OF COMMITTEES: Free State?

Mr C J VAN ROOYEN: Steun. [Supports.]

The CHAIRPERSON OF COMMITTEES: Gauteng?

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

The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?

Mr D D GAMEDE: KwaZulu-Natal iyavuma. [KwaZulu-Natal supports.]

The CHAIRPERSON OF COMMITTEES: Limpopo?

Ms H F MATLANYANE: Limpopo ea ethekga. [Limpopo supports it.]

The CHAIRPERSON OF COMMITTEES: Mpumalanga?

Ms M P THEMBA: Mpumalanga supports.

The CHAIRPERSON OF COMMITTEES: Northern Cape?

Mr R J TAU: Northern Cape supports.

The CHAIRPERSON OF COMMITTEES: North West?

Mr Z S KOLWENI: Re ea e amogela. [We support.]

The CHAIRPERSON OF COMMITTEES: Western Cape?

Mr N MACK: We support.

The CHAIRPERSON OF COMMITTEES: All provinces voted in favour. I therefore declare the motion agreed to in terms of section 65 of the Constitution. We shall now proceed to the First Motion as printed on the Order Paper in the name of the Chief Whip of the Council.

 AD HOC JOINT COMMITTEE TO CONSIDER REGULATIONS TO PUBLIC FUNDING OF
                  REPRESENTED POLITICAL PARTIES ACT

                         (Draft Resolution)

The CHIEF WHIP OF THE COUNCIL: Chairperson, in view of time constraints, may I just table the motion and propose that the House adopts it as reflected in the Order Paper. Thank you.

The CHAIRPERSON OF COMMMITTEES: Hon members, I shall now put the Question that the motion be agreed to. 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 provinces’ votes. Are all the delegation heads present?

In accordance with Rule 71, I shall first allow provinces the opportunity to make their declarations of vote, if they so wish.

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

Ms B N DLULANE: Iyaxhasa. [Support.]

The CHAIRPERSON OF COMMITTEES: Free State?

Mr C J VAN ROOYEN: In favour.

The CHAIRPERSON OF COMMITTEES: Gauteng?

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

The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?

Mr D D GAMEDE: KwaZulu-Natal iyavuma. [KwaZulu-Natal supports.]

The CHAIRPERSON OF COMMITTEES: Limpopo?

Ms H F MATLANYANE: Limpopo ea ethega. [Limpopo supports it.]

The CHAIRPERSON OF COMMITTEES: Mpumalanga?

Ms M P THEMBA: Mpumalanga supports.

The CHAIRPERSON OF COMMITTEES: Northern Cape?

Mr R J TAU: Ke ea rona. [We support.]

The CHAIRPERSON OF COMMITTEES: North West?

Mr Z S KOLWENI: E tladitswe. [We support.]

The CHAIRPERSON OF COMMITTEES: Western Cape?

Mr N MACK: Supports.

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

CONSIDERATION OF REPORT OF PARLIAMENTARY DELEGATION TO 49TH SESSION OF UN COMMISSION ON THE STATUS OF WOMEN

The CHIEF WHIP OF THE COUNCIL: Chairperson, the day has been long and the debate has been long. The subject of the Report is almost the same as the subject for discussion, which we had earlier on, and I have no appetite and my intelligence refuses to allow me to repeat what has been said earlier on, lest I be a non-progressive person, which Kgoshi would not agree that I should be.

But I must say that as a South African delegation from this Parliament we were warmly welcomed at that conference. I will say that, in the words of the Deputy President, gender equity and women’s empowerment will never be successful without the contribution and also the co-operation of men, because, as she was saying, women and children suffer as men make and issue orders to fight it out in Afghanistan and Iraq, the Middle East, Darfur, and so on.

It is in that spirit that we are calling on all our fellow menfolk that they must also join in and make a success of gender equity and empowerment in order for it to be a success. It is also not by coincidence that we see a gender balance being made in the country, as at present, because the conference, Beijing +10, was very impressed when I was speaking on behalf of this national Parliament, reflecting the role of male parliamentarians, giving an example of our President and the way he is taking the lead.

At the time, it was before he appointed the Deputy President, who is a woman. Then the President moved beyond the target, which was set in Beijing, that we should have 30% of women in decision-making bodies appointed. As we are speaking we have four Premiers, who are women, in the country. I cannot count how many male mayors there are; it’s not an issue of coincidence, of a single permanent delegate coming from one province, and when they meet here in the NCOP they find themselves being five women and five men, as the DA wants to project it, as if it was a single party- proportional list. So it is not a matter of coincidence that the ANC is taking the lead in terms of this.

May I then zoom in on the terms of the recommendations, which are there in our Report. As during the course of the 49th session of the UN Commission on the Status of Women a number of issues that were of strategic importance to the SA Parliament delegation arose, these include the following: Firstly, trafficking of women – South Africa currently does not have legislation pertaining to the trafficking of human beings, rendering the criminalisation of trafficking and prosecution of offenders problematic, because crimes of human trafficking are not necessarily categorised as trafficking. It also renders the compilation of statistics in this regard difficult. There is a need to explore the drafting of legislation in this regard and to engage in international agreements pertaining to the trafficking of human beings across international borders.

On sex work – a number of women’s organisations in South Africa have called for the legalisation of sex work. This was one of the recommendations made to Parliament at the Women’s Parliament in August 2004. There is a need to conceptually engage on this matter to explore the merits and disadvantages of both legalising and criminalising sex work.

On violence against women – levels of violence against women, both domestic violence and violence perpetrated in the public arena, remain unacceptably high in the South African context. There is a need for Parliament to exercise its oversight function in this regard.

Speaking about women and the environment, the role that women play in contributing to the development of a sustainable environment emerged as a key theme at the meeting. This issue should be further explored in, again, the South African context.

Women and access to land and property rights – the issue of women’s access to land and property rights remains a critical impediment to furthering women’s rights in South Africa. Problems in this regard have been raised during the course of the Joint Monitoring Committee on the Improvement of the Quality of Life and Status of Women’s consultations with rural women in 2001.

On institutional mechanisms to further gender equity – during the course of the 49th session much discussion ensued on the role and efficacy of institutional mechanisms to enhance gender equity. There is a need to critically assess the impact of the work of the South African machinery – here we are referring to the Office on the Status of Women, the Gender Commission, and the other structures related to this – and that they should address the problems, which are negatively impacting on the execution of their mandate.

On regional mechanisms for the promotion of gender equality there is a need to continue to promote gender equity at the level of the African continent. The African Union as a new regional structure has laid promising foundations for taking cognisance of gender issues in its Constitutive Act, structural arrangements and areas of work. In its contribution to the Pan- African Parliament the South African Parliament needs to maintain its vigilance of the gender implications of the work of the Pan-African Parliament.

In terms of processing the recommendations it is recommended that this Report or the South African parliamentary delegation to the 49th session of the CSW be discussed to enable it to chart a course of action for taking up its recommendations. It is further recommended that the Report be tabled, as we are doing now in both Houses, and then be referred to the relevant committees for deliberation and action.

Hon Chair, I would like to thank you. The Report is available in the ATCs; I do not wish to go through the whole of it, as it is more than 32 pages long. Thank you, Chairperson. [Applause.]

Debate concluded.

The CHAIRPERSON OF COMMMITTEES: I shall now put the question 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 provinces’ votes. Are all the delegation heads present?

In accordance with Rule 71 I shall first allow provinces the opportunity to make their declarations of vote if they so wish.

We shall now proceed to voting on the question. I shall do so in alphabetical order per province. Delegation heads must please indicate to the chair whether they vote in favour or against or abstain from voting. Eastern Cape?

Mr M O ROBERTSON: Eastern Cape supports.

The CHAIRPERSON OF COMMITTEES: Free State?

Mr C J VAN ROOYEN: Supports.

The CHAIRPERSON OF COMMITTEES: Gauteng?

Ms N M MADLALA-MAGUBANE: Supports.

The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?

Mr D D GAMEDE: KwaZulu-Natal in favour.

The CHAIRPERSON OF COMMITTEES: Limpopo?

Kgoshi M L MOKOENA: Limpopo supports.

The CHAIRPERSON OF COMMITTEES: Mpumalanga?

Ms M P THEMBA: Mpumalanga supports.

The CHAIRPERSON OF COMMITTEES: Northern Cape?

Mr R J TAU: Northern Cape supports.

The CHAIRPERSON OF COMMITTEES: North West?

Mr Z S KOLWENI: We support.

The CHAIRPERSON OF COMMITTEES: Western Cape?

Ms N D NTWANAMBI: We support.

Report accordingly adopted in accordance with section 65 of the Constitution. CONSIDERATION OF REPORTS OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS – SENIOR MAGISTRATE M J S NHLEKO, MAGISTRATE R AMEER, MAGISTRATE M K CHAUKE, SENIOR MAGISTRATE M S MAKAMU

The CHIEF WHIP OF THE COUNCIL: Thank you, Chair. The arrangement is that all reports from the Select Committee on Security and Constitutional Affairs will be bundled into one statement, with the exception of the other one from the Select Committee on Public Services.

Mr S SHICEKA: Well, Chair, member Shelley Loe disappeared. It’s a matter worth noting.

All protocol observed, I’m standing here to present and solicit support from this august House on whether or not four magistrates from various courts in the country should be suspended as a result of the alleged misdemeanours they committed. I will procedurally deal with the case of each of these magistrates.

The Select Committee on Security and Constitutional Affairs led by our able leader, Kgoshi Mokoena, has considered the Report on the provisional suspension from the Office of Magistrate of Mr R Ameer, Additional Magistrate, Pinetown, tabled by the Minister for Justice and Constitutional Development in terms of section 13(3)(a) of the Magistrates Act, Act 90 of 1993.

The basis for the provisional suspension is the fact that during October 2003 Mr R Ameer was convicted in the Durban Magistrate’s Court of theft of clothing from a retail store, and given a suspended sentence of a fine or R3 000 or 18 months’ imprisonment. Mr Ameer has appealed against both the conviction and the sentence in the Durban High Court.

The select committee noted that the Minister provisionally suspended Mr Ameer from office on 13 April 2005 in terms of section 13(3)(a) of the Magistrates Act of 1993. The select committee further noted that Mr Ameer was suspended de facto by the Magistrates Commission since 16 August 2004, a date prior to the Minister’s decision, and therefore in contravention of the provisions of section 13(3)(a)(vi) of the Magistrates Act, which reads: “The Minister on the advice of the Commission may provisionally suspend a magistrate from the office if the Commission after affording the magistrate a reasonable opportunity to be heard regarding the desirability of such provisional suspension is satisfied that reliable evidence exists.”

Indicating that the allegation against the magistrate is of such a serious nature as to make it inappropriate for the magistrate to perform the functions of a magistrate whilst the allegation is being investigated, the select committee considered the possibility of condoning the de facto suspension. However, this would be legally tenuous and in any event would not have complied with the requirements of section 3(3)(e) in that an inquiry had not been initiated by the Magistrates Commission within 60 days of the de facto suspension.

The contravention of the provisions of section 13(3)(a) and section 3(3)(e) of the Magistrates Act also occurred in the case of the following magistrates. Mr M K Chauke, Additional Magistrate, Pretoria, was charged with theft with his wife and son. The matter arises from the theft of a number of containers from Tarmine Laboratories in Midrand, where I stay. The case has not been finalised.

Mr M S Makamu, Senior Magistrate, Benoni, was charged with fraud, alternatively with forgery and uttering. It is alleged that he induced an administration officer at the Benoni Magistrate’s Court to sign an official letter in which it is stated that he is entitled to an official motor vehicle allowance in the amount of R80 973 per annum whilst knowing that he does not qualify for such an allowance and that he presented the said letter to the financial institution when applying for an instalment sale agreement for the purchase of a new motor vehicle. The case has not been finalised.

Mr M J S Nhleko, Senior Magistrate, Lusikisiki, is charged with corruption. It is alleged that he collaborated with his personal lawyer, whom he acquitted on a charge of defeating the ends of justice in exchange for money in the amount of R1 000 and not paying his legal fees to the attorney in a case which was heard in another court against the said Magistrate Nhleko.

In the light of the above procedural defects the House has to come to a determination. Therefore in terms of section 13(3)(c) of the Magistrates Act Parliament must as soon as possible pass a resolution as to whether or not the provisional suspension of Mr Ameer, Mr Chauke, Mr Nhleko and Mr Makamu is confirmed. The select committee is of the opinion that the procedures prescribed by the Magistrates Act, Act 90 of 1993, were not followed to the letter and accordingly recommends that they resolve not to confirm the provisional suspension of Mr Ameer, Mr Chauke, Mr Nhleko and Mr Makamu because of these procedural defects. It’s procedural unfairness that we are dealing with here. Thank you very much, Chairperson. [Applause.]

The CHAIRPERSON OF COMMITTEES: I shall now put the question in respect of the Second Order. 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 the provinces’ votes. Are all the delegation heads present?

In accordance with Rule 71, I shall first allow provinces the opportunity to make their declarations of vote, if they so wish.

We shall now proceed to 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, against or abstain from voting. Eastern Cape?

Ms B N DLULANE: Eastern Cape supports the Report, looking forward to the full recommendation on the Report on its own.

The CHAIRPERSON OF COMMITTEES: Free State?

Mr C J VAN ROOYEN: Supports.

The CHAIRPERSON OF COMMITTEES: Gauteng?

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

The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?

Mr D D GAMEDE: KwaZulu-Natal supports.

The CHAIRPERSON OF COMMITTEES: Limpopo?

Ms H F MATLANYANE: Limpopo supports.

The CHAIRPERSON OF COMMITTEES: Mpumalanga?

Ms M P THEMBA: Mpumalanga supports.

The CHAIRPERSON OF COMMITTEES: Northern Cape?

Mr K SINCLAIR: Northern Cape supports.

The CHAIRPERSON OF COMMITTEES: North West?

Rev P MOATSHE: Ke a rona. [We support.]

The CHAIRPERSON OF COMMITTEES: Western Cape?

Ms N D NTWANAMBI: Iyavuma [Supports.]

The CHAIRPERSON OF COMMMITTEES: All provinces voted in favour. I therefore declare the Report adopted in terms of section 65 of the Constitution.

I shall now put the question in respect of the Third Order. 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 the provinces’ votes. Are all the delegation heads present?

In accordance with Rule 71, I shall first allow provinces the opportunity to make their declarations 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. The delegation heads must please indicate to the Chair whether they vote in favour, against or abstain from voting. Eastern Cape?

Ms B N DLULANE: Re ea ethekga. [We support.]

The CHAIRPERSON OF COMMITTEES: Free State?

Mr C J VAN ROOYEN: In favour.

The CHAIRPERSON OF COMMITTEES: Gauteng?

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

The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?

Mr D D GAMEDE: KwaZulu-Natal iyavuma. [KwaZulu-Natal supports.]

The CHAIRPERSON OF COMMITTEES: Limpopo?

Ms H F MATLANYANE: Limpopo steun. [Limpopo supports.]

The CHAIRPERSON OF COMMITTEES: Mpumalanga?

Ms M P THEMBA: Mpumalanga is voting in favour. The CHAIRPERSON OF COMMITTEES: Northern Cape?

Mr K SINCLAIR: Northern Cape supports.

The CHAIRPERSON OF COMMITTEES: North West?

Rev P MOATSHE: We support.

The CHAIRPERSON OF COMMITTEES: Western Cape?

Ms N D NTWANAMBI: We support.

The CHAIRPERSON OF COMMMITTEES: All provinces voted in favour. I therefore declare the Report adopted in terms of section 65 of the Constitution.

I shall now put the question in respect of the Fourth Order. 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 the provinces’ votes. Are all the delegation heads present?

In accordance with Rule 71, I shall first allow provinces the opportunity to make their declarations of vote if they so wish.

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

Ms B N DLULANE: Steun. [Supports.]

The CHAIRPERSON OF COMMITTEES: Free State?

Mr C J VAN ROOYEN: Steun. [Supports.]

The CHAIRPERSON OF COMMITTEES: Gauteng?

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

The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?

Mr D D GAMEDE: KwaZulu-Natal in favour.

The CHAIRPERSON OF COMMITTEES: Limpopo?

Ms H F MATLANYANE: Limpopo iyavuma. [Limpopo supports.]

The CHAIRPERSON OF COMMITTEES: Mpumalanga?

Ms M P THEMBA: Mpumalanga is voting in favour. The CHAIRPERSON OF COMMITTEES: Northern Cape?

Mr K SINCLAIR: Northern Cape supports.

The CHAIRPERSON OF COMMITTEES: North West?

Rev P MOATSHE: Ke a rona. [We support.]

The CHAIRPERSON OF COMMITTEES: Western Cape?

Ms N D NTWANAMBI: Siyavuma. [Supports.]

The CHAIRPERSON OF COMMMITTEES: All provinces voted in favour. I therefore declare the Report adopted in terms of section 65 of the Constitution.

I shall now put the question in respect of the Fifth Order. 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 the provinces’ votes. Are all the delegation heads present?

In accordance with Rule 71, I shall first allow provinces the opportunity to make their declarations 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, against or abstain from voting. Eastern Cape?

Ms B N DLULANE: Siyayixhasa. [We support.]

The CHAIRPERSON OF COMMITTEES: Free State?

Mr C J VAN ROOYEN: In favour.

The CHAIRPERSON OF COMMITTEES: Gauteng?

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

The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?

Mr D D GAMEDE: KwaZulu-Natal iyayixhasa [KwaZulu-Natal supports it.]

The CHAIRPERSON OF COMMITTEES: Limpopo?

Ms H F MATLANYANE: Limpopo e a ethekga. [Limpopo supports it.]

The CHAIRPERSON OF COMMITTEES: Mpumalanga?

Ms M P THEMBA: Mpumalanga supports. The CHAIRPERSON OF COMMITTEES: Northern Cape?

Mr K SINCLAIR: Northern Cape supports.

The CHAIRPERSON OF COMMITTEES: North West?

Rev P MOATSHE: Ke a rona. [We support.]

The CHAIRPERSON OF COMMITTEES: Western Cape?

Ms N D NTWANAMBI: Siyavuma. [Supports.]

The CHAIRPERSON OF COMMMITTEES: All provinces voted in favour. I therefore declare the Report adopted in terms of section 65 of the Constitution.

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON PUBLIC SERVICES – FACT- FINDING MISSION TO WALLACEDENE INFORMAL SETTLEMENT, KRAAIFONTEIN, WESTERN CAPE

Mr N MACK: Chair, special delegates, hon members, on 1 March 2005 the Select Committee on Public Services embarked on a one-day fact-finding mission to the Wallacedene informal settlement in Kraaifontein, Western Cape.

In conducting this fact-finding exercise the committee was guided by, though not limited to, the heralded landmark rulings of the Constitutional Court in the matter between the Grootboom community and the government of the Republic of South Africa, specifically the City of Cape Town and the Western Cape provincial government. The Constitutional Court judgment ordered the appropriate organs of state to provide decent housing, basic sanitation and water services to the Wallacedene informal settlement.

The committee further wanted to understand the advances that have been made since the court judgment. We feel the rulings, which were in favour of the Grootboom community, are a clear indication and evidence of the inroads we have made in safeguarding people’s rights and the gains we have realised in terms of our own policies as the ANC-led government.

The Report addresses the concerns that have been raised by the affected communities and seeks redress in order to restore the integrity and confidence in our democratic organs of government. Moreover this undertaking should be viewed within the context of the Freedom Charter when it was declared that there shall be houses, security and comfort.

While we acknowledge the challenges faced in the Wallacedene case, which are not unique in the South African situation due mainly to the uneven forms of development and apartheid special planning, we nonetheless accept the decision of the court. However, we acknowledge the challenges that the municipality and the provincial government are faced with in terms of implementing the court decision.

The committee notes the commitment displayed by the departments. We have noted that despite the hiccups there is a lot of progress with regard to the provision of housing - a people’s housing project where women in particular are active participants. We have further noted that there is an improved provision of sanitation for the people of Grootboom.

There is, however, a weakness with regard to communication with the community. The department has committed itself to improve this so as to avoid misunderstandings that we found existing between the community and what the department is doing to improve their lives.

The ANC feels that the court rulings are consistent with the principles of our rule of law, including the constitutional right to adequate housing. Our Constitution guarantees access to housing and the right to shelter. However, we appreciate that the manifestation and the imprints of apartheid policies had unkindly forced the people of Wallacedene to live under conditions of abject poverty.

The organs of state have a constitutional obligation to ensure that there is a progressive realisation of people’s right to access to adequate housing. However, the people of Wallacedene are not only suffering due to lack of proper housing, but are also struggling with a wide range of problems, which are typical of the apartheid legacy we inherited.

The ANC further believes that these court rulings should be fast-tracked and speeded up by relevant government structures. We will not tolerate municipal and government officials who stifle, frustrate and even suffocate progress on service delivery. We are calling on all relevant state organs to fulfil their human rights responsibility as stipulated in our Constitution and to treat our people with humility.

The ANC is building a caring society based on the promotion of human rights. Therefore organs of state are obligated to demonstrate willingness to uplift people’s lives. We are now fixing what the apartheid government neglected many years ago in terms of the housing backlog. The transformation of our country also goes with the responsibility of transforming the mind-set of officials.

The decision of the court places a responsibility on our government structures to give leadership and focus on areas of service delivery. Our visit had captured our attention and as a consequence we also benefited from engaging with the relevant stakeholders. And we believe this case demonstrates the growing importance of sustainable human settlement as guaranteed in the Freedom Charter. The committee considered the Report and subsequently adopted it on 13 June

1. We propose the adoption of this Report by the House. I thank you. [Applause.]

Debate concluded.

The CHAIRPERSON OF COMMITTEES: That concludes the debate. I shall now put the question. 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 the provinces’ votes. Are all the delegation heads present?

In accordance with Rule 71, I shall first allow provinces the opportunity to make their declarations 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, against or abstain from voting. Eastern Cape?

Ms B N DLULANE: We support.

The CHAIRPERSON OF COMMITTEES: Free State?

Mr C J VAN ROOYEN: In favour.

The CHAIRPERSON OF COMMITTEES: Gauteng?

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

The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?

Mr D D GAMEDE: KwaZulu-Natal iyayixhasa [KwaZulu-Natal supports it.]

The CHAIRPERSON OF COMMITTEES: Limpopo?

Ms H F MATLANYANE: Limpopo e a ethekga. [Limpopo supports it.]

The CHAIRPERSON OF COMMITTEES: Mpumalanga?

Ms M P THEMBA: Mpumalanga in favour.

The CHAIRPERSON OF COMMITTEES: Northern Cape?

Mr K SINCLAIR: Northern Cape supports.

The CHAIRPERSON OF COMMITTEES: North West?

Rev P MOATSHE: Ke a rona. [We support.]

The CHAIRPERSON OF COMMITTEES: Western Cape?

Ms N D NTWANAMBI: Siyavuma. [Supports.]

The CHAIRPERSON OF COMMITTEES: All provinces voted in favour. I therefore declare the Report adopted in terms of section 65 of the Constitution.

Hon members, before I adjourn the House I just want to remind members to remain behind for the house committee briefing.

The Council adjourned at 17:00. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS


                        FRIDAY, 24 JUNE 2005

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

       THE SOUTH AFRICAN PARLIAMENTARY OBSERVER MISSION
   
      REPORT ON THE 2005 ZIMBABWE PARLIAMENTARY ELECTIONS
   
                         31 MARCH 2005
   

PLEASE NOTE:

A Supplement to this Report, containing the delegation’s observation of the Zimbabwean political background, the legislative framework and the electoral process, is available in the Office of the Clerk of the Papers.

         REPORT ON THE 2005 ZIMBABWE PARLIAMENTARY ELECTIONS

Contents

Introduction

  The objectives of the Report
  The nature, context and method of work of the mission

The pre-election period

  Work and deployment of observers
  Report submissions
 Events and meetings
  Political climate
  Violations of the Electoral Law
  Compliance with SADC guidelines
  The media
  Overview of the pre-election period
  Preliminary conclusion

Polling Day

  Introduction
  Voting
  Counting

Conclusion

Recommendations INTRODUCTION

On the 31st of March 2005, the Republic of Zimbabwe held her sixth Parliamentary General Elections since Independence on 18 April 1980.

Following an invitation to the Republic of South Africa to send observers to witness these elections, Parliament constituted a 20-member delegation, (hereinafter referred to as the Mission), under the leadership of the hon M T Goniwe, with the mandate of observing the 2005 Zimbabwe Parliamentary Elections.

The Mission was constituted for purposes of:

(a) Assessing whether conditions in Zimbabwe allowed for the conducting of elections that would demonstrate the general will of the Zimbabwean electorate; (b) Assessing whether Zimbabwean voters would have sufficient freedom to cast their votes in secret; (c) Assessing whether the elections were conducted within the context of the Zimbabwean Constitution and the electoral legislative framework; (d) Assisting the people of Zimbabwe, within the context of the African Renaissance, the African experience and reality, to hold successful parliamentary elections. In brief, Parliament tasked the Mission to, on its behalf, observe, support and work together with the people of Zimbabwe as they prepared and exercised their democratic right to elect parliamentary representatives of their choice.

THE OBJECTIVES OF THE REPORT

The Report seeks to indicate:

1. Whether the purpose of the Mission was achieved;
2. Whether in doing so, the Constitutional and legislative framework of Zimbabwe was adhered to;
3. Whether, in our view, the will of the people of Zimbabwe has been demonstrated through the elections; and
4. The extent to which our conclusions are based on verifiable data that is presented concisely - including possible recommendations.

THE NATURE, CONTEXT AND METHOD OF WORK OF THE MISSION

1. The Mission was a united delegation representing Parliament and the people of South Africa. The Mission was constituted by the Parliament of the Republic of South Africa in order to allow South Africans, through their representatives, to play a role in supporting their Zimbabwean neighbours to exercise freely their democratic right to choose their parliamentary representatives.

2. In addition to being a Mission of the South African Parliament, the Mission’s outlook was also informed by the regional context in which both Zimbabwe and South Africa are members.

3. More significantly, for South Africa, the parliamentary elections in Zimbabwe have a bearing on the continent’s political and economic initiatives represented by, inter alia, the African Union and its development programme, NEPAD.

4. The parliamentary elections, therefore, took place at a crucial moment in the history of the African continent.

5. A further circumstance characterizing the current political environment with regard to Zimbabwe, is the hostile international and regional media environment, which is grossly biased, prejudiced and partisan against the government. State print media is, on the other hand, pro-government pro-ruling party.

6. In the execution of its mandate, the Mission recognized the sovereignty of the Zimbabwean state and observed the elections in an independent and non-partisan manner.

7. The Mission observed all aspects of the elections, beginning with the pre-election period, polling day and counting, as well as the political mood after the elections.

8. The Mission familiarized itself with the Zimbabwean electoral processes, laws, regulations and the Constitution of the land, obtaining relevant information from electoral bodies including the Electoral Supervisory Commission (ESC) and the Zimbabwe Electoral Commission (ZEC).

9. The mission, through its leadership, paid a courtesy call on the President of the Republic of Zimbabwe, Mr Robert Mugabe. It also paid a courtesy call on the president of the MDC, Mr Morgan Tsvangirai.

10. The mission, collectively or through its leadership, also interacted with various role players and stakeholders in the electoral process. There were also meetings with Zanu-PF, the MDC, the Zimbabwe Council of Churches, the Zimbabwe Crisis Coalition, the Electoral Supervisory Commission, the Zimbabwe Electoral Commission, the media, and candidates contesting various const ituencies.

11. The Mission collected data through attending rallies and meetings called by the contesting candidates and other relevant stakeholders.

12. The Mission travelled to various provinces of Zimbabwe during the pre- election observation period. On polling day, in accordance with the laws of the country, the Mission had access to polling stations and counting centres throughout the country.

13. The Mission recorded its observations and referred concerns raised to appropriate authorities.

14. The Mission issued public statements where it deemed necessary it to do so.

15. The Mission interacted with representatives of other observer missions, including the African Union (AU) and the SADC Observer Mission.

16. The Mission assessed the role of the media in the electoral pr ocess.

                     THE PRE-ELECTION PERIOD
    

Five (5) political parties and fourteen (14) independent candidates contested the 2005 Parliamentary Elections. Zanu-PF and the MDC contested all the constituencies.

Zanu-PF focused its campaign on the anti-colonialist political strategy (Anti-British), the completion of the land reforms and on the successful economic turnaround with its emphasis on the “Look East” policy.

The MDC concentrated its campaign on Zimbabwe’s economic crisis, accusing the government of mismanagement, corruption and cronyism. It encouraged the people of Zimbabwe to vote for the MDC and promised to deal more equitably with the current land distribution issue.

The two main campaigns took place in a calm and peaceful political climate. There were isolated cases where meetings were described as having been “tense but without incident”.

Independent candidates also campaigned without hindrance, under calm and peaceful conditions.

The Mission observers submitted daily reports of their observations and experiences throughout the provinces.

Work and Deployment of Observers

On arrival in Harare, on 14 March 2005, the Mission immediately sat down to work. It received its first briefing from the South African Ambassador to Zimbabwe. The second briefing was from the Zimbabwe Electoral Commission, and finally, the Mission was given a political overview by ambassadorial staff.

On 15 March 2005, the Mission received briefings from the Electoral Supervisory Commission, the Zimbabwe Council of Churches and the Zimbabwe Crisis Coalition.

The Mission convened at the South African Embassy on the 16 March 2005 to receive a background briefing on the security situation in the country. After this briefing, the Mission was divided into teams and deployed to the provinces. The following provinces were covered:

• Harare and Chitungwiza
• Mashonaland East
• Mashonaland West
• Mashonaland Central
• Bulawayo Metro
• Matebeleland South
• Masvingo; and
• Manicaland.

Report Submissions

The Mission received 135 reports from its observer teams. Of these, 91 relate to the pre-election period and 44 capture observations on polling day. Events and Meetings

Numerous political rallies and meetings were observed. Average attendance at rallies ranged between 2 000 and 4 000 people. Some rallies were attended by as many as 25 000 people.

The teams also attended and observed voter education sessions, the training of election monitors, and party canvassing. There were also meetings with political parties, electoral officials, civil society organisations, security officials and other observers.

Among the issues discussed at these meetings were the Voters’ Roll, voter registration, the demarcation of constituencies, the placement of polling stations, the recruitment of electoral staff, the voting process, the provision of electoral material, the role of observers, voter education, the role of party agents, the candidates’ list, the political climate, political party campaigning and dispute resolution processes.

Political Climate

In general observer teams indicated that the pre-election polit ical climate in Zimbabwe was calm and peaceful. This observation was also consistent with the determinations made by other observers and by civil society, including the Zimbabwe Council of Churches.

There were, however, instances where some rallies or meetings were described as “tense but without incident ”.

Violations of the Electoral Law

During the pre-election period no violations of the electoral law were observed.

Compliance with the SADC Guidelines

Generally, all teams were satisfied that the SADC Principles and Guidelines were complied with in the period leading to polling day.

In some of the reports there were concerns raised around certain issues, including:

• Equal access to the media
• Food distribution along party political lines
• Intimidation
• Double booking of venues
• Removal/defacing of election posters
• The role of traditional leaders

Observers followed up on these concerns, but no verifiable evidence was found. The Media

By the time the Mission started its work, regulations had already been promulgated to ensure that the Zimbabwe Broadcasting Holdings (ZBH) gives the contending parties equitable access.

Political parties were allocated 91 free minutes on state television and current affairs shows, interviews, talk shows and general election news characterized the election period.

Furthermore, provision was made for parties that received more than 5% of the vote in the previous parliamentary elections to receive a proportional amount of state funding. In this regard, both the Zanu-PF and MDC received approximately R3 million each, which funds they could use to finance their election campaigns.

Overview of the Pre-election Process

The Mission noted that:

• The delimitation or demarcation process resulted in the reduction of
  urban constituencies by three and an increase of rural constituencies
  by the same number. The Delimitation Commission determined that
  massive urban-rural migration that had taken place in the past
  justified the adjustments.


• Allegations were received that some people were assaulted or
  intimidated and that there was selective distribution of food parcels
  by the government. Observers followed these up. No evidence was found
  to substantiate these allegations.

• Generally, just before the elections, polling stations were properly
  st affed, accessible, easily identifiable and the law had been
  complied with regarding the location and preparation of voting
  stations.

• Voter education was well planned and executed.

• The voter registration process appeared to have been accessible to all
  voters. The Voters’ Roll was accessible to the public and the parties.

• There was satisfaction with the training of electoral staff. They were
  taken through the Electoral Act page by page and the exercise was done
  in user-friendly language. This staff component was composed of both
  young women and men.

• Party agents were trained using practical demonstrations. This
  component also was composed of both women and men.

• The general impression was that security in relation to the electoral
  process was well organised and that the political climate in the
  country was calm and peaceful.

• Other observers, political parties, commentators and leaders in the
  country also expressed a view that there was peace and political
  tolerance in the country and that the people of Zimbabwe were
  demonstrating commendable levels of political maturity.

Preliminary Conclusion

Accordingly, the Mission’s pre-election conclusion was that the country, from both logistical and political perspectives, was well prepared to hold the 2005 Parliamentary Elections.

Based on the reports relating to the pre-election period, the Mission concluded that the pre-election political climate in Zimbabwe was favourable for elections to take place. All parties and candidates had campaigned without hindrance and the parties and candidates themselves had conducted their campaigns in a manner that demonstrated commitment to the promotion of peace, stability and the holding of free and fair elections.

                             POLLING DAY

Introduction

Cognisant of the fact that an election is not a single event of casting a ballot paper on the day of polling, the SA Parliamentary Observer Mission adopted a comprehensive approach to observing the election process, working to ascertain and preserve the integrity of every stage of the process, from the pre-election phase through to counting.

March 31, 2005 presented the Mission with an opportunity to assess, in line with its mandate, whether conditions prevailed for the Zimbabwean people to elect, freely, their parliamentary representatives.

The observers paid particular attention to the following:

     • Efficiency and impartiality of election staff;
     • Monitoring by party agents and independent monitors and
       observers;
     • Fair access of voters to polling stations and a manageable
       number of voters per constituency;
     • Legal voting procedures, including the Voters’ Rolls, proper
       identification documents, checks and balances against fraud,
       translucent ballot boxes and the security of ballot papers; and   • Security at the voting precincts

Voting

With regard to the voting process, the Mission noted as follows:

• Party agents, local monitors, regional and international observers
  were present at polling stations.
• The voting process was orderly.
• Polling stations opened on time, staff and election materials were
  present and there were no unauthorised personnel.
• The performance of staff at polling stations was described either as
  efficient or very efficient.
• Election procedures were explained, identities checked and voting was
  secret.
• Security personnel were always present at poling stations.
• Due to certain reasons, some potential voters could not vote. These
  included cases where voters had gone to wrong constituencies - their
  names did not appear on the Voters’ Roll - or did not possess
  acceptable identification documents. Presiding Officers noted the
  reasons and personal details of those turned away.
• Polling stations closed on time. Procedures were followed.

The general conclusion was that the polling process was well managed, transparent for all stakeholders, monitors and observers. The conditions under which people voted were orderly, peaceful and allowed the people to express their democratic will freely.

Counting

With regard to counting, the Mission observed that:

• Counting staff, party agents, local monitors and observers were
  present during the counting process.
• There were no unauthorised personnel during counting and procedures
  were followed.
• Security personnel were always present.
• When disputes arose regarding the status of certain ballot papers,
  these were placed in separate envelopes.
• The performance of counting staff is rated from satisfactory to very
  efficient.

The counting exercise went well and was strictly monitored.

                             CONCLUSION

Therefore, meeting on 2 April 2005, in Harare, the South African Parliamentary Observer Mission unanimously agreed that, with regard to the 2005 Zimbabwe Parliamentary Elections;

• The pre-election processes were well organised and executed.
• The election campaigns were peaceful and parties and candidates had
  the political space to canvass support.
• Parties and leaders demonstrated a commitment to peace and the
  tolerance of divergent views.
• There were adequate and accessible polling stations.
• Polling stations were sufficiently provided for in terms of logistics
  and security.
• Polling stations opened and closed on time.
• There were correct Voters’ Rolls at the stations and the layout was
  done properly.
• Ballot boxes were empty at the start of polling, and were sealed
  correctly afterwards.
• During voting, voters correctly identified themselves. There was no
  intimidation and voting was secret. No repeat voters were observed.
  The voting process was smooth and efficient.
• All persons at the polling and counting stations were accredited.
• The electoral process was, by and large, transparent and observed
  throughout by party agents, monitors and observers.

Therefore, the SA Parliamentary Observer Mission concluded that the 2005 Zimbabwe Parliamentary Elections were executed efficiently. The electoral processes were legitimate and credible and, to the extent that it is possible and reasonable, they allowed for the broad participation of all stakeholders and interested parties.

The electoral processes were executed in line with the laws of the land and, by and large, were consistent with the SADC Principles and Guidelines.

The Mission accordingly concluded that the 2005 Zimbabwe Parliamentary Elections were free and fair.

Recommendations

The March 2005 Parliamentary Elections are critically important for the short- and long-term future of Zimbabwe and the region. Having concluded the electoral process, the country needs to work on rebuilding regional and international confidence through continued focus on electoral reforms and economic revival policies.

Among other things, attention may need to be paid to the reduction of the number of people turned away on voting day. Political parties should also play a role in ensuring that voters are registered correctly.

The Mission felt that it benefited from observing a meticulously planned and executed electoral process. Among the many interesting lessons, the door-to-door voter education programme as well, as the method of voting whereby voters are divided into three queues in alphabetical order were of particularly interest.

                       WEDNESDAY, 29 JUNE 2005

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

   1) Report and Financial Statements of the Public Accountants’ and Auditors’ Board for 2004, including the Report of the Independent Auditors on the Financial Statements for the year ended 31 December 2004.

   2) Report and Financial Statements of Sasria Limited for 2004, including the Report of the Independent Auditors on the Financial Statements for the year ended 31 December 2004.

2. The Minister for Justice and Constitutional Development

 (1)    Draft Regulations made in terms of the Promotion of
     Administrative Justice Act, 2000 (Act No 3 of 2000).

1. The Minister of Arts and Culture

 (1)    Report and Financial Statements of the National Arts Council of
     South Africa for 2003-2004, including the Report of the Auditor-
     General on the Financial Statements for 2003-2004.

 (2)    Report and Financial Statements of Robben Island Museum for 2003-
     2004, including the Report of the Auditor-General on the Financial
     Statements for 2003-2004 [RP 212-2004].

COMMITTEE REPORTS

National Council of Provinces

1. Report of the Select Committee on Security and Constitutional Affairs on the Provisional Suspension from Office of Senior Magistrate M J S Nhleko at Lusikisiki, dated 22 June 2005:

   The Select Committee on Security and Constitutional Affairs, having considered the report on the provisional suspension from office of magistrate Mr M J S Nhleko, tabled by the Minister for Justice and Constitutional Development in terms of section 13(3)(a) of the Magistrates Act, 1993 (Act 90 of 1993) reports as follows:

   1. The Select Committee noted that the Minister provisionally suspended Mr Nhleko from office on 13 April 2005 in terms of section 13(3)(a) of the Magistrates Act, 1993.

   2. The Select Committee further noted that Mr Nhleko was suspended de facto by the Magistrates Commission since 3 December 2004, a date prior to the Minister’s decision and therefore in contravention of the provisions of section 13(3)(a)(i) of the Magistrates Act which reads - “The Minister, on the advice of the Commission, may provisionally suspend a magistrate from office if the Commission, after affording the magistrate a reasonable opportunity to be heard regarding the desirability of such provisional suspension, is satisfied that reliable evidence exists indicating that an allegation against that magistrate is of such serious nature as to make it inappropriate for the magistrate to perform the functions of a magistrate while the allegation is being investigated;”.

   3. The Select Committee considered the possibility of condoning the de facto suspension, however considered that this would be legally tenuous and in any event would not have complied with the requirement of section 13(3)(e) in that an inquiry had not been initiated by the Magistrates Commission within 60 days of the de facto suspension.

   4. In terms of section 13(3)(c) of the Magistrates Act, Parliament must, as soon as possible, pass a resolution as to whether or not the provisional suspension of Mr Nhleko is confirmed. The Select Committee is of the opinion that the procedures prescribed by the Magistrates Act, 1993 (Act 90 of 1993) were not followed and accordingly recommends that the House resolves not to confirm the provisional suspension of Mr M J S Nhleko.

   Report to be considered.

2. Report of the Select Committee on Security and Constitutional Affairs on the Provisional Suspension from Office of Magistrate R Ameer, an Additional Magistrate at Pineton, dated 22 June 2005:

   The Select Committee on Security and Constitutional Affairs, having considered the report on the provisional suspension from office of magistrate, R Ameer, tabled by the Minister for Justice and Constitutional Development in terms of section 13(3)(a) of the Magistrates Act, 1993 (Act 90 of 1993) reports as follows:

   1. The Select Committee noted that the Minister provisionally suspended Mr Ameer from office on 13 April 2005 in terms of section 13(3)(a) of the Magistrates Act, 1993.

   2. The Select Committee further noted that Mr Ameer was suspended de facto by the Magistrates Commission since 16 August 2004, a date prior to the Minister’s decision and therefore in contravention of the provisions of section 13(3)(a)(i) of the Magistrates Act which reads - “The Minister, on the advice of the Commission, may provisionally suspend a magistrate from office if the Commission, after affording the magistrate a reasonable opportunity to be heard regarding the desirability of such provisional suspension, is satisfied that reliable evidence exists indicating that an allegation against that magistrate is of such serious nature as to make it inappropriate for the magistrate to perform the functions of a magistrate while the allegation is being investigated;”.

   3. The Select Committee considered the possibility of condoning the de facto suspension, however considered that this would be legally tenuous and in any event would not have complied with the requirement of section 13(3)(e) in that an inquiry had not been initiated by the Magistrates Commission within 60 days of the de facto suspension.
   4. In terms of section 13(3)(c) of the Magistrates Act, Parliament must, as soon as possible, pass a resolution as to whether or not the provisional suspension of Mr Ameer is confirmed. The Select Committee is of the opinion that the procedures prescribed by the Magistrates Act, 1993 (Act 90 of 1993) were not followed and accordingly recommends that the House resolves not to confirm the provisional suspension of Mr R Ameer.

Report to be considered.

1. Report of the Select Committee on Security and Constitutional Affairs on the Provisional Suspension from Office of Magistrate, Mr M K Chauke, Additional Magistrate at Pretoria, dated 22 June 2005:

   The Select Committee on Security and Constitutional Affairs, having considered the report on the provisional suspension from office of magistrate M K Chauke, tabled by the Minister for Justice and Constitutional Development in terms of section 13(3)(a) of the Magistrates Act, 1993 (Act 90 of 1993) reports as follows:

   1. The Select Committee noted that the Minister provisionally suspended Mr Chauke from office on 13 April 2005 in terms of section 13(3)(a) of the Magistrates Act, 1993.

   2. The Select Committee further noted that Mr Chauke was suspended de facto by the Magistrates Commission since 6 October 2004, a date prior to the Minister’s decision and therefore in contravention of the provisions of section 13(3)(a))(i) of the Magistrates Act which reads - “The Minister, on the advice of the Commission, may provisionally suspend a magistrate from office if the Commission, after affording the magistrate a reasonable opportunity to be heard regarding the desirability of such provisional suspension, is satisfied that reliable evidence exists indicating that an allegation against that magistrate is of such serious nature as to make it inappropriate for the magistrate to perform the functions of a magistrate while the allegation is being investigated;”.

   3. The Select Committee considered the possibility of condoning the de facto suspension, however considered that this would be legally tenuous and in any event would not have complied with the requirement of section 13(3)(e) in that an inquiry had not been initiated by the Magistrates Commission within 60 days of the de facto suspension.

   4. In terms of section 13(3)(c) of the Magistrates Act, Parliament must, as soon as possible, pass a resolution as to whether or not the provisional suspension of Mr Chauke is confirmed. The Select Committee is of the opinion that the procedures prescribed by the Magistrates Act, 1993 (Act 90 of 1993) were not followed and accordingly recommends that the House resolves not to confirm the provisional suspension of Mr M K Chauke.

Report to be considered.

1. Report of the Select Committee on Security and Constitutional Affairs on the Provisional Suspension from Office of Senior Magistrate, Mr M S Makamu at Benoni, dated 22 June 2005:

   The Portfolio Committee  on  Security  and  Constitutional  Affairs,
   having considered the report  on  the  provisional  suspension  from
   office of senior magistrate M S Makamu, tabled by the  Minister  for
   Justice and Constitutional Development in terms of section  13(3)(a)
   of the Magistrates Act, 1993 (Act 90 of 1993) reports as follows:
    1. The Select  Committee  noted  that  the  Minister  provisionally
       suspended Mr Makamu from office on 13 April  2005  in  terms  of
       section 13(3)(a) of the Magistrates Act, 1993.
   
    2. The Select Committee further noted that Mr Makamu was  suspended
       de facto by the Magistrates Commission since 3  August  2004,  a
       date  prior  to  the  Minister’s  decision  and   therefore   in
       contravention of the provisions of section  13(3)(a)(i)  of  the
       Magistrates Act which reads –“The Minister, on the advice of the
       Commission, may provisionally suspend a magistrate  from  office
       if the Commission, after affording the magistrate  a  reasonable
       opportunity to be  heard  regarding  the  desirability  of  such
       provisional suspension,  is  satisfied  that  reliable  evidence
       exists indicating that an allegation against that magistrate  is
       of such serious nature as  to  make  it  inappropriate  for  the
       magistrate to perform the functions of a  magistrate  while  the
       allegation is being investigated;”.
   
   
    3. The Select Committee considered the possibility of condoning the
       de facto suspension,  however  considered  that  this  would  be
       legally tenuous and in any event would not  have  complied  with
       the requirement of section 13(3)(e) in that an inquiry  had  not
       been initiated by the Magistrates Commission within 60  days  of
       the de facto suspension.
   
    4. In terms of section 13(3)(c) of the Magistrates Act,  Parliament
       must, as soon as possible, pass a resolution as  to  whether  or
       not the provisional suspension of Mr Makamu is  confirmed.   The
       Select  Committee  is  of  the  opinion  that   the   procedures
       prescribed by the Magistrates Act, 1993 (Act 90  of  1993)  were
       not followed and accordingly recommends that the House  resolves
       not to confirm the provisional suspension of Mr M S Makamu.
   

   Report to be considered.

2. Report of the Select Committee on Public Services on a Fact-Finding Mission to the Wallacedene Informal Settlement, Kraaifontein, in the Western Cape, dated 14 June 2005:

The Select Committee on Public Services having undertaken a one-day visit on a fact-finding mission to the Wallacedene Informal Settlement, Kraaifontein in the Western Cape, on Tuesday, March 01 2005, reports as follows:

  A: Introduction

On Tuesday, March 1 2005, a four-member delegation from the Select Committee on Public Services undertook a one-day visit to the Wallacedene Informal Settlement in Kraaifontein, City of Cape Town, on a fact-finding mission about progress made to date since the landmark rulings of the Constitutional Court dated 21 September and 4 October 2000, in the matter between Grootboom and Others and the Government of RSA and Others (Case No: CCT 38/00).

Having been clustered around the three portfolios – housing, public works and transport – of government affairs, the Select Committee on Public Services undertook this fact-finding mission in order to ascertain how the right of access to adequate housing in the context of a people’s contract to fight poverty and unemployment for better life of all people was being realized on the ground.

The Constitutional Court judgements were such significant particularly for the people of Wallecedene community who have for the past five (5) patiently and unrelentingly waited for the Provincial Government and City of Cape Town to deliver on their promise(s).

The delegation comprised Messrs Tau RJ, Van Rooyen CJ and Adams F as well as Ms Matlanyane H, the Chairperson and Members of the Committee respectively, accompanied by Mr Nguqu M, Ms Pasiya K and Nyamza P, respectively Committee Secretary, Committee Assistant and Personal Secretary to the Chairperson of the Committee.

In Oostenberg, the delegation was welcomed by and received representation from the officials of the Department of Local Government and Housing and City of Cape Town as well as Project Consultants for Wallacede Housing Project.

Lastly but not least, it was apparent from their presence that members of the media were informed and/or made aware in advance hence the coverage of the visit in the press/newspapers the following day – Wednesday, March 02 2005.

  B:Background

Wallacedene evolved during the late eighties when the last apartheid regime promulgated the Abolition of Influx Control Act, Act No 68 of 1986, which in effect rescinded the pass laws. About twenty (20) families who were living informally in the surrounding area invaded and squatted in the farm Uitkyk, a privately owned piece of land adjacent to Wallacedene Township, when they became aware of a planned housing development there. Subsequently, people from established informal settlement such as Crossroads joined in – although it is significant to mention that this settlement was integrated almost from the outset.

Between 1986 and 1990, the authorities intermittently evicted the squatters and demolished their shacks. However, during the political turmoil of the 1980’s the squatters resisted the evictions in a number of ways and, as the result of the multi-party negotiations at the end of the 1980’s and early 1990’s, the political climate changed to their advantage. Ultimately, one group invaded the adjacent Wallacedene’s sports field and another the community hall.

On 6 June 1999 the Grootboom community obtained an interim order from the Cape High Court against the National and Provincial Governments as well as Oostenberg Municipality which, on the basis of their constitutional rights to housing and the rights pertaining to children (Section 26(1) and Section 28(1)(c) respectively) ordered that the children and some of their parents be accommodated in the Wallacedene Community Hall.

On 17 November 1999 the Cape High Court delivered a judgement in terms of which the claim in respect of housing was dismissed, but with reference to section 28 of the Constitution, the court ruled that the appropriate organs of state were to provide temporary shelter to the children and their parents.

As the ruling had far-reaching implications, the three tiers of government lodged an appeal against the afore-stated decision with the Constitutional Court and the matter was heard on 11 May 2000.

However, based on the legal advice obtained and effort to avert an order from the Constitutional Court ordering the organs of state to provide housing to communities such as Grootboom which at the time seemed imminent and which would have created an unsustainable precedent, the Provincial Government gave an undertaking to provide the community with interim basic shelter and services on the sports field where they were living.

Due to unknown circumstances that led to the unfulfilment of the afore- said undertaking on the part of the Provincial Government, the community went back to the Constitutional Court and obtained an interim order on 21 September 2000 compelling the Premier of the Province of the Western Cape (“Provincial Government”) and Oostenberg Municipality (“City of Cape Town”), as it was then, as second and fourth respondents respectively, to, amongst others, provide basic sanitation and water services to the applicants – the Wallacedene Informal Settlement (“the Grootboom Community”) – in the following manner:

a) City of Cape Town to erect a block of 20 permanent toilets and install 20 permanent taps proximately on the Wallacedene sports- grounds by no later than 15 December 2000 (within three months), be responsible for the maintenance and supervision of the said toilet facilities and, pending the construction and installation of these permanent toilet facilities and taps, forthwith provide 20 temporary chemical toilets and install 10 temporary taps which may be removed or relocated after the said permanent taps have been installed on the same location by no later than 6 October 2000 (within fifteen days);

b) Provincial Government was required to and responsible for the provision of funding necessary for the construction, installation and provision of such permanent and temporary infrastructure(s), make available R200 000,00 to the City of Cape Town for the purpose of purchasing building material required to waterproof the community’s recorded 263 households existing accommodation;

c) Each such household entitled to building material to the value of R 760,00 and whose requirements each were to be ascertained by the community’s attorney of record and conveyed in writing to the City of Cape Town’s attorney of record;

d) City of Cape Town was to purchase the aforesaid building material from the funds referred to in paragraph (b) above and distribute them to the persons identified by the community’s attorney of record at a venue and in a manner agreed upon between the parties’ attorneys within a period of 14 calender days;

e) Provincial Government and City of Cape Town were to report in writing to the Registrar of the Constitutional Court as to the implementation of the Court’s Order by 6 November 2000, and the community had the opportunity (was allowed) to respond thereto in writing by no later than 17 November 2000; and

f) Finally, the Provincial Government was ordered to pay the community’s costs occasioned by the application as well as the costs of the community’s attorney attendant upon the implementation of the Order. On the return date, that is, 4 October 2000, the Constitutional Court delivered the following declaratory order:

The appeal by the three tiers of government was allowed in part and the order of the Cape High Court set aside and substituted by the following –

a) Section 26(2) of the Constitution requires the state to devise and implement within its available resources a comprehensive and coordinated programme progressively to realize the right of access to adequate housing;

b) The programme must include reasonable measures such as but not necessarily limited to, these contemplated in the accelerated Managed Land Settlement Programme to provide relief for people who have no access to land, no roof over their heads and who are living in intolerable conditions or crisis situations; c) As at the date of the launch of this application, the state housing programme in the area of Cape Metropolitan Council (“City of Cape Town”), as it was then, fall short of compliance with the requirements in paragraph (b), in that it failed to make reasonable provision within its available resources for the people in the CMA (“CCT”) with no access to land, no roof over their heads and who were living in intolerable conditions or crisis situations; and

d) There is no cost as to costs.

In his own words during the delivery of judgement, Honourable Justice Yacoob declared –

“The nationwide housing programme falls short of obligations imposed upon national government to the extent that it fails to recognize that the State must provide relief for those in desperate need.

They are not to be ignored in the interest of an overall programme focused on medium and long-term objectives. It is essential that a reasonable part of the national housing budget be devoted to this, but the precise allocation is for the national government to decide in the first instance.”

Since this judgement, it has been a national requirement (as set out in the Division of Revenue Act) that Provinces reserve at least 0,5% to 0,75% of their housing conditional grant for emergency housing as envisaged in the Grootboom case.

C: Findings

The Provincial Government (“Department of Local Government and Housing”) has, in terms of the Constitutional Court order, to date provided the funds to the City of Cape Town’s Oostenberg Administration, as it is now, for the provision of materials for the waterproofing of the shacks of the Grootboom community, temporary taps and toilets as well as permanent ablution facility amounting to ±R878 000,00 during the 2000/2001 financial year.

In May 2001 both the Provincial Government and the City of Cape Town agreed to joint responsibility and committed themselves to a joint effort namely the Wallacedene Housing Regeneration Project. The National Government also committed funding to the Flooding Relief Project through a declaration order that included a section of Wallacedene enabling the City of Cape Town to provide temporary relief actions for the Wallacedene residents.

The grant from the National Government made it possible for the City of Cape Town’s Exco to approved the purchase of two private owned farms, namely; Farm 20/3 – Kraaifontein (DrHassiem’s land) for R1,1 million and Blue Ridge Farm for R12,1 million.

Furthermore the City of Cape Town approved the Wallacedene Housing Project and linked funding on 25 June 2002, followed by a comprehensive subsidy application to the Western Cape Provincial Housing Development Board. A Consultant Team was subsequently appointed in July 2002.

By this time the focus was far greater than just the Grootboom court case and encompassed the whole of Wallacedene, undertaken in ten (10) phases in the following order: Mooitrap, taxi tank, section 14 and Grootboom, section 4-in-1, and backyard dwellers of the existing Wallacedene.

C.1 Progress with the development

• Phase 1 and 2 (1641 sites). Services have been installed and three
  People Housing

        Process projects have been approved for top-structure
  development.

• Phase 3 (1178 sites). Services are being installed.

• Phase 4 (642 sites). This is an advanced planning stage.

• Phase 5-8 (2733 sites). This is in an advanced planning stage.

• Phase 9 (627 sites) This is in an advantaged planning stage.

• Phase 10 (1832 sites). An application for the Upgrading of Informal
  Settlement has been lodged with the Department but can only be
  approved after 1 April 2005 when funds become available for this
  programme.

In the subsequent financial years the Department has also provided funding for the provision of services to the Grootboom and the greater Wallecedene community as listed below:

  D: Observations

• Five (5) years had lapsed since the landmark ruling of the
  Constitutional Court in the Grootboom case confirming a people’s
  constitutional right to adequate housing against the state – off
  course, within the latter’s limited available reasources;


• The right to housing becomes so imperative for people who have no
  access to land, no roof over their heads and who are living in
  intolerable conditions or crisis situations;

• The City of Cape Town has since devised an accelerated Managed Land
  Settlement Programme to address the above shortfall;

• As already stated above, the City of Cape Town had approve a
  Wallacedene Housing Project that goes beyond the Grootboom court case
  and includes the greater Wallacedene;

• However, the Grootboom community still finds themselves in the
  condition they were prior Constitutional Court’ declaratory order of 4
  October 2000;
• The twenty (20) permanent toilets erected and twenty (2) taps
  installed consequent to the 21 September 2000 interim order alluded to
  above against the Provincial Government and City of Cape Town are in
  an appalling state due to lack of maintenance and supervision by the
  City of Cape Town despite the Court’s order to do so; and

• There is an apparent communication breakdown and/or lack of breakdown
  between the City of Cape Town and Grootboom community about the true
  intention of the former with regard to housing development and service
  delivery in Wallacedene hence some form of disgruntlement became
  apparent and/or visible amongst some members of the community.

E: Recommendations

• There are no specific recommendations that the Select Committee on
  Public Services would like to make except to emphasize the importance
  of maintaining free flow of communication and consistent engagement
  between the beneficiaries and the organs of state, particularly the
  City of Cape Town and greater Wallacedene in this instance;

• Furthermore, the City of Cape Town, as per interim order by/of the
  Constitutional Court, should maintain the permanent ablution facility
  on a periodic basis.

F: Conclusion

The Select Committee on Public Services wishes to extend its sincere gratitude to the officials of the Provincial Department of Local Government and Housing Government and City of Cape Town for all the assistance given during the visit to Wallacedene Informal Settlement.

Report to be considered.

                        TUESDAY, 12 JULY 2005

ANNOUNCEMENTS

National Assembly and National Council of Provinces

1. Draft bills submitted in terms of Joint Rule 159

   (1) Constitutional Matters Amendment Bill, 2005, submitted by the Minister for Justice and Constitutional Development on 1 July 2005. Referred to the Portfolio Committee on Justice and Constitutional Development and the Select Committee on Security and Constitutional Affairs.

                     FRIDAY, 15 JULY 2005
   

ANNOUNCEMENTS

National Assembly and National Council of Provinces

1. Introduction of Bills

 (1)    The Minister for Justice and Constitutional Development


        i) Constitutional Matters Amendment Bill [B 22 – 2005] (National
           Assembly – sec 75) [Bill and prior notice of its introduction
           published in Government Gazette No 27782 of 12 July 2005.]


     Introduction and referral to the Joint Tagging Mechanism (JTM) for
     classification in terms of Joint Rule 160, on 15 July 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.

                        FRIDAY, 22 JULY 2005

ANNOUNCEMENTS

National Assembly and National Council of Provinces

1. Assent by President in respect of Bills

   1) Petroleum Products Amendment Bill [B 16B – 2004] – Act No 2 of 2005 (assented to and signed by President on 18 June 2005); 2) Sterilisation Amendment Bill [B 12B – 2004] – Act No 3 of 2005 (assented to and signed by President on 18 June 2005); 3) Appropriation Bill [B 7 – 2005] – Act No 4 of 2005 (assented to and signed by President on 18 June 2005); 4) Citation of Constitutional Laws Bill [B 5B – 2005] – Act No 5 of 2005 (assented to and signed by President on 23 June 2005); 5) Re-determination of the Boundaries of Cross-Boundary Municipalities Bill [B 12 – 2005] – Act No 6 of 2005 (assented to and signed by President on 23 June 2005); 6) Taxation Laws Amendment Bill [B 19 – 2005] – Act No 9 of 2005 (assented to and signed by President on 14 July 2005); and 7) Taxation Laws Second Amendment Bill [B 20 – 2005] – Act No 10 of 2005 (assented to and signed by President on 10 July 2005).

2. Classification of Bills by Joint Tagging Mechanism:

 (1)    The Joint Tagging Mechanism (JTM) on 19 July 2005 in terms of
     Joint Rule 160(3), classified the following Bill as a section 75
     Bill:


     (i)     South African Abattoir Corporation Act Repeal Bill [B 21 –
          2005] (National Assembly – sec 75)

1. Draft bills submitted in terms of Joint Rule 159

   (1) Auditing Profession Bill, 2005, submitted by the Minister of Finance on 23 June 2005. Referred to the Portfolio Committee on Finance and the Select Committee on Finance.

   2) Special Pensions Amendment Bill, 2005, submitted by the Minister of Finance on 23 June 2005. Referred to the Portfolio Committee on Finance and the Select Committee on Finance.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister for Justice and Constitutional Development

 a) Draft Amendment Regulation made in terms of Public Funding of
    Represented Political Parties Act, 1997 (Act No 103 of 1997)
    submitted in Parliament in terms of section 10 of the Act.


 b) Proclamation No R 18 published in the Government Gazette No 27468
    dated 6 April 2005: Referral of matters to existing Special
    Investigating Unit and Special Tribunal, made in terms of section
    2(1) of the Special Investigating Units and Special Tribunal Act,
    1996 (Act No 74 of 1996).


                        FRIDAY, 29 JULY 2005

ANNOUNCEMENTS

National Assembly and National Council of Provinces

1. Introduction of Bills

 (1)    The Minister of Education


     ii) Education Laws Amendment Bill [B 23 – 2005] (National Assembly
         – sec 76 [Bill and prior notice of its introduction published
         in Government Gazette No 27599 of 27 May 2005.]


     Introduction and referral to the Portfolio Committee on Education
     of the National Assembly, as well as referral to the Joint Tagging
     Mechanism (JTM) for classification in terms of Joint Rule 160, on
     27 July 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.

1. Membership of Committees

   The following changes have been made to the membership of Joint Monitoring Committee viz:

   JMC on Improvement of Quality of Life and Status of Children, Youth and Disabled Persons:

   Appointed: Mazibuko, Ms N F Discharged: Madlala, Ms M M

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Transport

 (a)    Report and Financial Statements of the South African Maritime
    Safety Authority (SAMSA) for 2002-2003, including the Report of the
    Auditor-General on the Financial Statements for 2002-2003.

 (b)    Report and Financial Statements of the South African Maritime
    Safety Authority (SAMSA) for 2003-2004, including the Report of the
    Auditor-General on the Financial Statements for 2003-2004.

1. The Minister of Safety and Security

   a) Proclamation No R.18 published in Government Gazette No 27502 dated 15 April 2005: Commencement of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004).

   b) Proclamation No R.22 published in Government Gazette No 27598 dated 20 May 2005: Notification by President in respect of entities identified by the United Nations Security Council in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004).

   c) Government Notice No R.474 published in Government Gazette No 27598 dated 20 May 2005: Direction by the National Commissioner of the South African Police Service in terms of section 12(3) of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004).

2. The Minister of Trade and Industry

   a) Government Notice No R.282 published in Government Gazette No 27419 dated 29 March 2005: Assignment of inspection functions in terms of the Credit Agreements Act, 1980 (Act No 75 of 1980).

   b) Government Notice No R.283 published in Government Gazette No 27419 dated 29 March 2005: Assignment of inspection functions in terms of the Sale and Service Matters Act, 1964 (Act No 25 of 1964).

   c) Government Notice No R.293 published in Government Gazette No 27440 dated 8 April 2005: Strategic Industrial Project (SIP) in terms of the Income Tax Act, 1962 (Act No 58 of 1962).

   d) Government Notice No R.294 published in Government Gazette No 27440 dated 8 April 2005: Strategic Industrial Project (SIP) in terms of the Income Tax Act, 1962 (Act No 58 of 1962). e) Government Notice No R.295 published in Government Gazette No 27440 dated 8 April 2005: Strategic Industrial Project (SIP) in terms of the Income Tax Act, 1962 (Act No 58 of 1962).

   f) Government Notice No R.296 published in Government Gazette No 27440 dated 8 April 2005: Strategic Industrial Project (SIP) in terms of the Income Tax Act, 1962 (Act No 58 of 1962).

   g) Government Notice No R.358 published in Government Gazette No 27475 dated 15 April 2005: International Trade and Administration Commission of South Africa: Countervailing Regulations in terms of the International Trade Administration Act, 2002 (Act No 71 of 2002).

3. The Minister of Water Affairs and Forestry

 (a)    Government Notice No 513 published in Government Gazette No
       27614 dated 3 June 2005: Release of parts of a state forest
       which is no longer required for forestry in terms of sections
       50(4) of the National Forests Act, 1998 (Act No 84 of 1998).


 (b)    Government Notice No 874 published in Government Gazette No
       27650 dated 3 June 2005: Prohibition on the making of fires in
       the open air, the destruction by burning of ground cover,
       including slash, the clearing or maintenance of a fire belt by
       burning or the execution of blockburns: Kwazulu-Natal Province
       in terms of the Forest Act, 1984 (Act No 122 of 1984).

 (c)    Government Notice No 531 published in Government Gazette No
       27641 dated 10 June 2005: Transformation of the Umlaas
       Irrigation Board. Magisterial Districts of Pietermaritzburg,
       Camperdown and Richmond, Kwazulu-Natal Province, into the Upper
       Mlazi Water User Association, Water Management Area number 11,
       Kwazulu-Natal Province in terms of the National Water Act, 1998
       (Act No 36 of 1998).


 (d)    Government Notice No 532 published in Government Gazette No
       27641 dated 10 June 2005: Transformation of the Groenland
       Irrigation Board, Magisterial District of Caledon
       (Theewaterskloof Municipality), Western Cape Province, into the
       Groenland Water User Association, Water Management Area number
       18, Western Cape Province in terms of the National Water Act,
       1998 (Act No 36 of 1998).

 (e)    Government Notice No 533 published in Government Gazette No
       27641 dated 10 June 2005: Transformation of the Vanwyksdorp
       Irrigation Board, Magisterial District of Calitzdorp, Western
       Cape Province, into the Vanwyksdorp Water User Association,
       Water User Association, Water Management Area number 16, Western
       Cape Province in terms of the National Water Act, 1998 (Act No
       36 of 1998).

 (f)    Government Notice No 534 published in Government Gazette No
       27641 dated 10 June 2005: Establishment of the Nzhelele
       Catchment Water User Association, Vhembe District Municipality,
       Limpopo Province, Water Management Area number 1 in terms of the
       National Water Act, 1998 (Act No 36 of 1998).

 (g)    Government Notice No 558 published in Government Gazette No
       27674 dated 10 June 2005: Prohibition on the making of fires in
       the open air, the destruction by burning of slash and clearing
       or maintenance of fire belts by burning and the execution of
       blockburns: Districts of Nelspruit, White River, Pilgrim’s Rest,
       Lydenburg, Belfast, Waterval-Boven, Carolina and Barberton in
       terms of the Forest Act, 1984 (Act No 122 of 1984).

 (h)    Government Notice No 559 published in Government Gazette No
       27674 dated 10 June 2005: Prohibition on the making of fires in
       the open air, the destruction by burning of slash and clearing
       or maintenance of fire belts by burning and the execution of
       blockburns: Districts of (A) Ermelo, Eerstehoek, Carolina and
       Waterval-Boven; (B) Piet Retief and Wakkerstroom in terms of the
       Forest Act, 1984 (Act No 122 of 1984).


 (i)    Government Notice No 560 published in Government Gazette No
       27674 dated 10 June 2005: Prohibition on the making of fires in
       the open air, the destruction by burning of slash and clearing
       or maintenance of fire belts by burning and the execution of
       block-burns Vhembe District Municipality (formerly Soutpansberg
       areas) in terms of the Forest Act, 1984 (Act No 122 of 1984).

 (j)    Government Notice No 561 published in Government Gazette No
       27674 dated 10 June 2005: Prohibition on the making of fires in
       the open air, the destruction by burning of slash and clearing
       or maintenance of fire belts by burning and the execution of
       block-burns Mopane District Municipality (formerly Letaba and
       Pietersburg Districts) in terms of the Forest Act, 1984 (Act No
       122 of 1984).

 (k)    Government Notice No 554 published in Government Gazette No
       27664 dated 10 June 2005: Release of state forest land at
       Sederberg, Grootvadersbosch, Hawequas, (Limtedberg) and
       Kogelberg Forest Reserves – Western Cape, which is no longer
       required for forestry purposes in terms of the National Water
       Act, 1998 (Act No 36 of 1998).

 (l)    Report of the Department of Water Affairs and Forestry to the
       National Assembly on Write-off of Loan Guaranteed by the State
       (Kanoneiland Settlement Management Board), in terms of section
       70(4) of the Public Finance Management Act, 1999 (Act No 1 of
       1999).

National Council of Provinces

1. The Chairperson

Report on an Investigation by the Public Protector into an Allegation of Misappropriation of Public Funds by the Petroleum Oil and Gas Corporation of South Africa, trading as PetroSA, and Matters Allegedly Related Thereto. Referred to the Select Committee on Economic and Foreign Affairs.

                       TUESDAY, 2 AUGUST 2005

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

   a) Response of National Treasury to Recommendations of the Portfolio Committee on Finance on Budget Vote 8 – National Treasury for 2005- 2006 and Strategic Plan.

   b) Response of National Treasury to Recommendations of the Portfolio Committee on Finance on the South African Revenue Services (SARS) Strategic Plan for 2005 to 2008.

   c) Response of National Treasury to Recommendations of the Portfolio Committee on Finance on Budget Vote 13 – Statistics South Africa.

   d) Annual Report of the South African Reserve Bank - Bank Supervision Department for 2004 [RP 10-2005].

   e) Government Notice No 535 published in Government Gazette No 27656 dated 6 June 2005: Notice setting out particulars of areas demarcated by Municipalities of Ekurhuleni, Msunduzi, Nelson Mandela and Polokwane in terms of section 13quat of the Income Tax Act, 1962 (Act No 58 of 1962), which shall constitute urban development zones.

   f) Government Notice No R.25 published in Government Gazette No 27681 dated 17 June 2005: Fixing of a date on which section 14(1)(a) of Revenue Laws Amendment Act, 2004 (Act No 32 of 2004), shall come into operation.

2. The Minister of Safety and Security

   a) Proclamation No R.31 published in Government Gazette No 27746 dated 1 July 2005: Notification by President in respect of entities identified by the United Nations Security Council in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004).

   b) Proclamation No R.29 published in Government Gazette No 27713 dated 1 July 2005: Notification by President in respect of entities identified by the United Nations Security Council in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004).

3. The Minister of Education

   a) Government Notice No R.744 published in Government Gazette No 27819 dated 20 July 2005: National Policy regarding Further Education and Training Programme: Approval of the Document, the National Senior Certificate: A qualification at Level 4 on the National Qualifications Framework (NQF), in terms of the National Education Policy Act, 1996 (Act No 27 of 1996) and the South African Schools Act, 1996 (Act No 84 of 1996). National Council of Provinces

4. The Chairperson

   (a) Letter received from the President dated 12 July 2005 informing the National Council of Provinces of the employment of the South African National Defence Force:

   EMPLOYMENT OF THE SOUTH AFRICAN  NATIONAL  DEFENCE  FORCE  IN  COTE
   D’IVOIRE IN FULFILLMENT OF THE  INTERNATIONAL  OBLIGATIONS  OF  THE
   REPUBLIC OF SOUTH AFRICA TOWARDS COTE D’IVOIRE
   
   
   This serves to inform the National  Council  of  Provinces  that  I
   authorised the employment of the  South  African  National  Defence
   Force (SANDF) personnel to Cote D’Ivoire for service in fulfillment
   of the International obligations of the Republic  of  South  Africa
   towards Cote D’Ivoire,  in  the  provision  of  assistance  in  the
   implementation of the Pretoria Agreement, with specific emphasis on
   the Disarmament, Demobilisation and Reintegration process.
   
   
   The employment was authorised in accordance with the provisions of
   section 201(2)(c) of the Constitution of the Republic of South
   Africa, 1996 (Act No 108 of 1996), read with section 93 of the
   Defence Act, 2002 (Act No 42 of 2002).
   
   
   A total of 46 members of the SANDF will be deployed for the mission
   as from 08 July 2005 to 31 March 2006.
   
   
   The total estimated cost to be borne by South Africa for the
   deployment of personnel to the mission until 31 March 2006 will be
   R 26 090 724.
   
   
   I will communicate this report to the Members of the National
   Assembly and the Chairperson of the Joint Standing Committee on
   Defence, and wish to request that you bring the contents hereof to
   the notice of the National Council of Provinces.
   
   
   Regards
   
   
   TM MBEKI
   PRESIDENT
   
   
   Referred to the Select Committee on Security and Constitutional
   Affairs.
   

   (b) Notice of investigation in Southern District Council (SDC) Municipality, in terms of section 106 of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000).

   Referred to the Select Committee on Local Government and
   Administration.
   
                     WEDNESDAY, 3 AUGUST 2005
   

ANNOUNCEMENTS

National Assembly and National Council of Provinces

1. DECISION BY THE SPEAKER AND THE CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES TO ESTABLISH AN AD HOC JOINT COMMITTEE ON AMENDMENT REGULATIONS TO PUBLIC FUNDING OF REPRESENTED POLITICAL PARTIES ACT, 1997 (ACT NO 103 OF 1997) IN TERMS OF JOINT RULE 138(1)(b).

   The Speaker of the National Assembly and the Chairperson of the National Council of Provinces, acting jointly, have decided in terms of Joint Rule 138(1)(b) to establish an Ad Hoc Joint Committee to consider draft amendment regulations tabled by the Minister for Justice and Constitutional Development (on behalf of the President of the Republic) on 22 July 2005, the Committee to -

   (a) consist of the Portfolio Committee on Justice and Constitutional Development of the Assembly and the Select Committee on Security and Constitutional Affairs of the Council; (b) make recommendations to the President, in terms of section 10(1) of the Public Funding of Represented Political Parties Act, on the draft amendment regulations;

   (c) inform the Assembly and the Council of its recommendations to the President;

   (d) complete its task by not later than 19 August 2005; and

   (e) exercise those powers in Joint Rule 32 that may assist it in carrying out its task.

   SPEAKER CHAIRPERSON NATIONAL ASSEMBLY NATIONAL COUNCIL OF PROVINCES

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

   (a) Government Notice No 636 published in Government Gazette No 27748 dated 30 June 2005: Exemptions from section 117, in terms of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).

   (b) Government Notice No 637 published in Government Gazette No 27748 dated 30 June 2005: Revocation of Government Notice No 1404 of 1 December 2004 and Exemption from certain Supply Chain Management Provisions and Regulations Promulgated under section 168 of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).

   (c) Government Notice No 638 published in Government Gazette No 27748 dated 30 June 2005: Repeal of the Municipal Accountants Act, 1998 (Act No 21 of 1998).

   (d) Government Notice No 639 published in Government Gazette No 27748 dated 30 June 2005: Exemptions from section 16(2) of the Municipal Finance Management Act, 2003 (Act No 56 of 2003).

   (e) Government Notice No 622 published in Government Gazette No 27729 dated 1 July 2005: Amendment of the Rules of the Government Employees Pension Fund in terms of the Government Employees Pension Law (Proclamation No 21 of 1996).

   (f) Response of South African Revenue Services (SARS) to Recommendations of the Portfolio Committee on Finance on the Strategic Plan of the South African Revenue Services (SARS) for 2005 to 2008.

   (g) Response of Statistics South Africa to Recommendations of the Portfolio Committee on Finance on Budget Vote 13 – Statistics South Africa.

   (h) Proclamation No R.25 published in Government Gazette No 27681 dated 17 June 2005: Fixing of a date on which section 14(1)(a) of Revenue Laws Amendment Act, 2004 (Act No 32 of 2004), shall come into operation.

   Please Note: Numbers (f), (g) and (h) above replaces (b), (c) and (f) respectively tabled in the Minister of Finance’s name on Announcements, Tablings and Committee Reports (ATC) of 2 August 2005, Page No. 1401.

COMMITTEE REPORTS

National Assembly and National Council of Provinces

1. Report of the Joint Budget Committee on National and Provincial Expenditure from April 2004 to March 2005:

A. NATIONAL EXPENDITURE

1. Introduction

Departmental expenditure has been fairly consistent throughout the financial year. However, it is evident that Departments increased their expenditure in the last quarter, as was the case in the last financial year. The Department of Communications, in particular, always spends more than half of its budget in the last month of the financial year. These two departments, together with the Department of Sports and Recreation, increased their expenditure significantly in March 2004.

The Department of Communications had only spent 41.29% of its budget at the end of the third quarter, leaving it with 58.71% to spend in the last quarter. However, in a period of one month (March 2005) the Department managed to spend 50.09% of its budget, bringing its total expenditure to 98.22% by the end of the financial year. Likewise, the Department of Foreign Affairs had spent 47.48% by the end of the third quarter and increased its expenditure significantly towards the end of the financial year.

It is worth mentioning that the same trend was evident in the expenditure of the Department of Communications for the past three financial years. For example, in February 2003, the Department had only spent 45.75% of its budget, and then managed to spend 49.72% in the last month of that financial year (March 2003). Similarly, in February 2004, the Department had spent 45.67% of its budget, and then spent 50.75% in the last month of the financial year.

Table 5 (Appendix 1) indicates that Departments underspent by R 6.3 Billion, which is lower than the R8 Billion underexpenditure from the 2003/04 financial year. In addition, Figure 1 indicates that Departmental spending has been gradually decreasing over the past three financial years.

Figure 1: Average departmental Spending trends [pic]

1. Analysis Of Expenditure Per Quarter

2.1. First Quarter

In the first quarter of the financial year, some departments were disbursing funds to institutions and their budgets reflected these transfers. Most notable was the Department of Education, which spends most of its budget during the first and second quarters. Another example is the Department of Social Development.

The First quarter expenditure report showed a gradual decline in expenditure from April to June 2004. Average expenditure declined gradually from 9.84%, 7.80% to 6.75% in April, May and June 2004 respectively.

The Department of Education was the highest spender in the first two quarters and the Departments of Foreign Affairs and Communications were already lagging behind with their spending.

2.2. Second and Third Quarters

The second quarter indicated some fluctuation of expenditure in certain departments, notably the Departments of Social Development, Public Enterprises, as well as Provincial and Local Government. These Departments transfer a large portion of their funds in certain months and thus present highly fluctuating expenditure from month to month. The Department of Social Development, for example, spent 24.43% of its budget in October 2004 and only 0.56% in November 2004. In addition, while the Department of Provincial and Local Government spent only 2.42% of its budget in October, it spent 18% of its budget in November.

The Department of Minerals and Energy was the highest spender in December 2004, spending 27.92% of its budget in this month. The department explained that the increase in expenditure was attributed to a huge payment of R447.688 million made to ESKOM for the National Electrification Programme.

The Departments of Communications and Foreign Affairs had spent only 41.29% and 47.48% of their budgets at the end of the third quarter. The Department of Communications was still a cause for concern at the end of the third quarter, as had been the case in the preceding two financial years. The Department however, had increased its expenditure marginally from 32.52% in the third quarter of the 2003/04 financial year, to 41.29% at the end of the third quarter of the 2004/05 financial year. The Department of Communications’ expenditure has continuously been a cause for concern for the Committee due to the department’s trend of under spending on its budget and then spending a huge chuck of the budget in the last month of the year. The Committee has previously recommended that the Department appear before it.

The Departments that had spent highest on their budget were: the Departments of Education (91.19%), Defence (79.36%), Parliament (76.56%) and GCIS (74.87%). The expenditure of Departments was consistent and fairly predictable throughout the first three quarters; with Departments spending slightly lower than they did in the same periods of the previous financial years.

The ratio in spending between current and capital expenditure remained unchanged in the second and third quarters. Although some Departments had increased their capital expenditure, the average remained the same, with Departments spending 72.76% on current expenditure, 71.39% on Transfers and 65.82% on capital expenditure.

The social services sector was the highest spending sector with an average expenditure of 77.52%. Departmental expenditure had dropped slightly from the 2003/04 financial year from 71.67% in the third quarter of the 2003/04 financial year to 69.71% in the third quarter of the 2004/05 financial year. In addition, Departments are consistent in terms of their spending trends, and there are no major changes from the last financial year.

2.3. Fourth Quarter

During the last quarter of the financial year, departments increased their expenditure tremendously, most notably the Department of Communications. Similar to the last financial year, the Department had spent lowest by February 2005, and then spent a huge chunk of its budget in the last month of the financial year.

Departments increased their average expenditure from 10.14% in January to 11.65% in March 2005. Tables 1 and table 2 indicate the highest and lowest spenders at the end of the financial year. Although the Department of Communications does not appear on these tables, it was the lowest spender for the first three quarters of the financial year, but then spent 50.09% of its budget in the last month of the financial year (March 2005). The same trend had been evident in the preceding two financial years.

1. Analysis of Average Expenditure as at 31 March 2005

3.1. Highest spending Departments

Table 1 |R’000 |Total |Expenditur|% |Total |% |Underspendin| | |Budget |e for the |Expenditur|expenditur|Expenditur|g | | | |Month |e for the |e to date |e to date | | | | | |month | | | | |Voted Amounts |15353163|17891904 |11.65% |149922646 |97.65% |3608991 | | |7 | | | | | | | | | | | | |0 | |Central |24327550|2874461 |11.82% |23467110 |96.46% |860440 | |Government | | | | | | | |Administration| | | | | | | |The Presidency|175852 |22327 |12.70% |167729 |95.38% |8123 | |Parliament |576 144 |37 018 |6.43% |576 144 |100.00% | | |Foreign |2546649 |570394 |22.40% |2307698 |90.62% |238951 | |Affairs | | | | | | | |Home Affairs |2377615 |343972 |14.47% |1987006 |83.57% |390609 | |Provincial and|13137381|1146557 |8.73% |13121073 |99.88% |16308 | |Local | | | | | | | |Government | | | | | | | |Public Works |5513909 |754193 |13.68% |5307460 |96.26% |206449 | | | | | | | | | |Financial and |15060896|1588422 |10.55% |14351960 |95.29% |708936 | |Administrative| | | | | | | |Services | | | | | | | |Government |203149 |18294 |9.01% |202844 |99.85% |305 | |Communications| | | | | | | |and | | | | | | | |Information | | | | | | | |Services | | | | | | | |National |14021916|1449526 |10.34% |13489905 |96.21% |532011 | |Treasury | | | | | | | |Public |77377 |8272 |10.69% |75668 |97.79% |1709 | |Enterprises | | | | | | | |Public Service|144296 |32805 |22.73% |127318 |88.23% |16978 | |and | | | | | | | |Administration| | | | | | | |Public Service|73081 |8366 |11.45% |71129 |97.33% |1952 | |Commission | | | | | | | |S A Management|40887 |13418 |32.82% |34361 |84.04% |6526 | |Development | | | | | | | |Institute | | | | | | | |Statistics |500190 |57741 |11.54% |350735 |70.12% |149455 | |South Africa | | | | | | | | | | | | | | | |Social |28803489|1794952 |6.23% |27945256 |97.02% |858233 | |Services | | | | | | | |Arts and |1176097 |218578 |18.59% |1091665 |92.82% |84432 | |Culture, | | | | | | | |Education |11405095|488976 |4.29% |11293774 |99.02% |111321 | |Health |8818400 |676375 |7.67% |8387748 |95.12% |430652 | |Labour |1228697 |128376 |10.45% |1098646 |89.42% |130051 | |Science and |1 282 |121 114 |9.44% |1 281 971 |99.97% |441 | |Technology |412 | | | | | | |Social |4598575 |68698 |1.49% |4509964 |98.07% |88611 | |Development | | | | | | | |Sport and |294213 |92835 |31.55% |281487 |95.67% |12726 | |Recreation | | | | | | | |South Africa | | | | | | | | | | | | | | | |Justice and |57538746|7315806 |12.71% |56945869 |98.97% |592877 | |Protection | | | | | | | |Services | | | | | | | |Correctional |8457492 |1059541 |12.53% |8026420 |94.90% |431072 | |Services | | | | | | | |Defence |19 411 |3 233 272 |16.66% |19 396 182|99.92% |15 637 | | |819 | | | | | | |Independent |42 114 |6 586 |15.64% |42 547 |101.03% |-433 | |Complaints | | | | | | | |Directorate | | | | | | | |Justice and |5054417 |585404 |11.58% |4907815 |97.10% |146602 | |Constitutional| | | | | | | |Development | | | | | | | |Safety and |24 572 |2 431 003 |9.89% |24 572 905|100.00% |-1 | |Security |904 | | | | | |

Table 1 indicates that Parliament and the Department of Safety and Security have spent their total budget, as was the case in the previous financial year. The only Department that overspent on its budget is the Independent Complaints Directorate (ICD), which overspent by 1.03%. Expenditure trends indicate that Departments have generally decreased their expenditure, particularly the lowest spending Departments.

Figure 2: Average Expenditure of highest spending Departments [pic]

3.2. Lowest spending departments

Table 2: Lowest Spenders |R’000 |Total |Expend|% |Total |% |Underspendin| | |Budget|iture |Expenditur|expendi|Expen|g | | | |for |e for the |ture to|ditur| | | | |the |month |date |e to | | | | |Month | | |date | | |Voted Amounts |153531|178919|11.65% |1499226|97.65|3608991 | | |637 |04 | |46 |% | | | | | | | | |0 | |Central |243275|287446|11.82% |2346711|96.46|860440 | |Government |50 |1 | |0 |% | | |Administration| | | | | | | |The Presidency|175852|22327 |12.70% |167729 |95.38|8123 | | | | | | |% | | |Parliament |576144|37018 |6.43% |576144 |100.0| | | | | | | |0% | | |Foreign |254664|570394|22.40% |2307698|90.62|238951 | |Affairs |9 | | | |% | | |Home Affairs |2 377 |343 |14.47% |1 987 |83.57|390 609 | | |615 |972 | |006 |% | | |Provincial and|131373|114655|8.73% |1312107|99.88|16308 | |Local |81 |7 | |3 |% | | |Government | | | | | | | |Public Works |551390|754193|13.68% |5307460|96.26|206449 | | |9 | | | |% | | | | | | | | | | |Financial and |150608|158842|10.55% |1435196|95.29|708936 | |Administrative|96 |2 | |0 |% | | |Services | | | | | | | |Government |203149|18294 |9.01% |202844 |99.85|305 | |Communications| | | | |% | | |and | | | | | | | |Information | | | | | | | |Services | | | | | | | |National |140219|144952|10.34% |1348990|96.21|532011 | |Treasury |16 |6 | |5 |% | | |Public |77377 |8272 |10.69% |75668 |97.79|1709 | |Enterprises | | | | |% | | |Public Service|144 |32 805|22.73% |127 318|88.23|16 978 | |and |296 | | | |% | | |Administration| | | | | | | |Public Service|73081 |8366 |11.45% |71129 |97.33|1952 | |Commission | | | | |% | | |S A Management|40 887|13 418|32.82% |34 361 |84.04|6 526 | |Development | | | | |% | | |Institute | | | | | | | |Statistics |500 |57 741|11.54% |350 735|70.12|149 455 | |South Africa |190 | | | |% | | | | | | | | | | |Social |288034|179495|6.23% |2794525|97.02|858233 | |Services |89 |2 | |6 |% | | |Arts and |117609|218578|18.59% |1091665|92.82|84432 | |Culture, |7 | | | |% | | |Education |114050|488976|4.29% |1129377|99.02|111321 | | |95 | | |4 |% | | |Health |881840|676375|7.67% |8387748|95.12|430652 | | |0 | | | |% | | |Labour |1 228 |128 |10.45% |1 098 |89.42|130 051 | | |697 |376 | |646 |% | |

Only three Departments spent their total budgets, as opposed to five in the last financial year. In addition, more departments underspent with a higher margin in the last financial year and Departments such as the South African Management Development Institute (SAMDI) and the Department of Public Service and Administration spend a large amount of their budgets in the last month of the financial year.

The Departments of Home Affairs and Public Service and Administration have been among the lowest spenders for three consecutive financial years, and SAMDI for two consecutive financial years.

Figure 3: Average expenditure of lowest spending departments [pic]

1. National Current, Transfer and Capital Expenditure

Departments spent most in capital expenditure rather than transfer or current expenditure. This is a huge shift as it is the opposite trend to the last two financial years, wherein Departments have been spending most on their current and less on their capital budgets. In the 2004/05 financial year, Departments exceeded the average capital expenditure, spending an average of 106.33%, 98.28% and 96.11% in Capital, Transfer and Current Expenditure respectively.

This represents a decrease in current and an increase in capital expenditure from the last two financial years. 4.1 Current Expenditure

The lowest spenders of current expenditure are the Departments of Provincial and Local Government (59.03%), Sports and Recreation South Africa (66.49%), Stats SA (72.21%), SAMDI (72.38%) and education (73.14%).

The highest spenders of current expenditure are the Departments of Public Enterprises, which overspent by 4.52%, Defence overspent by 3.76%, Public Works by 3.28%. Parliament reported an expenditure of 100% on current expenditure.

4.2 Transfers

The lowest spenders of transfer expenditure are the Public Service Commission (0%), the Departments of Public Enterprises (29.82%), Public Works (73.48%), Sport and Recreation South Africa (79.87%), Foreign Affairs (88.52%).

Several Departments overspent tremendously on their transfer expenditure. These are the Departments of Correctional Services, which spent five times more than its original transfer budget[1], the ICD, which spent more than double its allocated transfer budget[2]. In addition, Statistics South Africa overspent on its transfer budget by 12.12%, Public Service and Administration by 5.63% and Justice and Constitutional Services by 3.28%.

4.3 Capital Expenditure

The lowest spenders of capital expenditure are Arts and Culture (3.35%), National Treasury (29.33%), Home Affairs (39.17%) and Stats SA (40.53%).

Several Departments overspent tremendously on their capital expenditure. Departments which underspent most on capital expenditure are the Departments of Sport and Recreation, which spent R56.9 Million from a budget of R2.6 Million. The Department of Science and Technology (521.88%) spent five times more than its original budget[3]. Other Departments that spent more than double their allocated capital funds are the Independent Complaints Directorate, SAMDI and the Department of Housing.

Figure 4: Average current, transfer and capital expenditure [pic]

The graph below indicates that while current expenditure has decreased from the previous financial year, capital expenditure has increased[4].

Provincial Expenditure

OVERALL PROVINCIAL EXPENDITURE

Most provinces underspent marginally on their budgets. Provincial expenditure increased from an average of 98.72% in 2002/03, to 99.47% in 2003/04, and again decreased to 96.94% in the 2004/05 financial year. The trend is illustrated in figure 5.

Figure 5: Provincial Expenditure trends over the last three years [pic] Table 3 indicates the expenditure of provinces at the end of the financial year. The North West Province was the lowest spending province, underspending by 5.22%. Other provinces that underspent on their budgets are Mpumalanga (4.7%), Free State (4.55%), Northern Cape (3.99%) and Gauteng (3.09%). These are the lowest spending provinces. These provinces, with the exception of the Northern Cape province, were also the lowest spenders in the 2003/04 financial year.

Table 3 |R’000 |Total |Total |% Expenditure|2003/04 | | |Budget |Expenditure |as at 31 |Expenditure | | | | |March 2005 | | |Eastern Cape |31 273 372|30 974 745 |99.05% |102.08% | |Free State |13 489 087|12 875 741 |95.45% |98.87% | |Gauteng |31 206 772|30 243 249 |96.91% |99.73% | |Kwazulu-Natal |38 994 044|38 849 053 |99.63% |100.65% | |Limpopo |25 616 015|24 994 842 |97.58% |97.51% | |Mpumalanga |13 787 688|13 140 204 |95.30% |97.52% | |Northern Cape |4 641 768 |4 456 699 |96.01% |101.51% | |North West |15 881 229|15 051 807 |94.78% |97.69% | |Western Cape |18 670 995|18 250 348 |97.75% |97.49% |

Figure 6: Provincial Expenditure: 2003/04 and 2004/05 [pic] Current, Transfer and Capital Provincial Expenditure Table 4 |R’000 |Current Budget |Current exp. to | | | |date | |African National Congress | |Asiya, Mr S E (NA) |26/08/2004 | | |Baloyi, Mr M R * (NA) |26/08/2004 | | |Botha, Mr D J (NCOP) |30/09/2004 | | |Cwele, Dr S C (NA) |26/08/2004 | | |Davies, Dr R H * (NA) |26/08/2004 | | |Goeieman, Mr M C (NCOP) |30/09/2004 | | |Hogan, Ms B A (NA) |26/08/2004 | | |Kannemeyer, Mr B W (NA) |26/08/2004 |01/11/2004 | |Kolweni, Mr Z S (NCOP) |30/09/2004 | | |Mabe, Ms L L (NA) |26/08/2004 | | |Manyosi, Mr A T (NCOP) |30/09/2004 | | |Mashiane, Ms L M (NA) |26/08/2004 | | |Mkhaliphi, Mr B J (NCOP) |30/09/2004 | | |Moloto, Mr K A* (NA) |26/08/2004 | | |Nene, Mr N M (NA) |26/08/2004 | | |Ntwanambi, Ms N D (NCOP) |30/09/2004 | | |Nyanda, Ms F (NCOP) |30/09/2004 |22/02/2005 | |Ralane, Mr T (NCOP) |30/09/2004 | | |Robertson, |22/02/2005 | | |Schneemann, Mr G D (NA) |26/08/2004 | | |Sikakane, Mr M R (NA) |26/08/2004 | | |Sithole, Mr D J * (NA) |26/08/2004 | | |Zita, Mr L (NA) |26/08/2004 | | | | | | |Democratic Alliance | |Rabie, Dr P J (NA) |26/08/2004 | | |Taljaard, Ms R (NA) |26/08/2004 |01/01/2005 | | | | | |Inkatha Freedom Party | |Raju, Mr N M (NCOP) |30/09/2004 |Passed away on | | | |27/10/2004 | |Smith, Mr P F * (NA) |26/08/2004 | | |Woods, Dr G G (NA) |26/08/2004 | | | | | | |United Democratic Movement | |Stephens, Mr M (NA) |26/08/2004 | | | | | | |African Christian Democratic Party | |Durr, Mr K D S (NA) |26/08/2004 | | | | | | |Independent Democrats | |Burgess, Mr C (NA) |13/10/2004 | | | | | | |New National Party | |Sinclair, Mr K * (NCOP) |30/09/2004 | | | | | |

indicates an alternate member

1. Report of the Joint Budget Committee on Departmental Hearings on the Appropriation Bill [B7-2005], dated 22 June 2005:
2. Department of Public Works

Building Classrooms and Hospital Revitalization Project

Summary

The Director-General of Public Works, Mr. James Maseko, presented before the Joint Budget Committee that his department has no funding role in the building of schools infrastructure and Hospital Revitalisation Programme. Funding is provided directly to provinces through the provincial equitable shares and directly to provinces through conditional grants or through the national Departments of Health and Education. The Department of Public Works’ role is to implement projects budgeted for by sector departments, the department only acts as an agency. He highlighted that planning and delivery of classrooms has been complicated by migration of learners between provinces and schools within provinces. The national Departments of Public Works and Education, however, are now working together and have established the Infrastructure Delivery Improvement Programme to improve provincial education infrastructure delivery.

Institutional Arrangement and funding

The Department of Public Works does not budget or is allocated funds for building schools or hospital revitalisation. Sector departments such as Education and Health budget and plan for infrastructure expenditure and the Department of Public Works only implements these plans by building classroom or hospital buildings.

Currently, in some provinces Service Level Agreements are in place between the various provincial departments. Gauteng Province utilises an independent agency for this function and not the Department of Public Works. However, the Department has opted to resume working with the Department of Public Works for the following reasons:

To ensure improved integration and coordination on the planning and delivery of infrastructure projects. To ensure a coordinated effort in enabling BEE and target group inclusion and development, resulting in greater impact in the development of contractor and professional development.   In some provinces, such as Limpopo and the Eastern Cape, the provincial departments of Education and Health use other implementation agents such as the Independent Development Trust (IDT) as a way of expediting delivery. The result of these varied arrangements is that there is a lot of finger pointing when problems emerge.

The current funding arrangement between the Department of Public Works, Education and Health is that of transfer of budgets or cost recovery where the Department of Public Works uses its own resources to deliver and claims back from the client department.

Concerns were raised regarding the complex and confusing institutional (constitutional) arrangements, particularly relating to the roles of national and provincial departments. Expenditure trends

National Treasury has released figures indicating under-expenditure on provincial capital budgets for the 2004/2005 financial year. National Treasury still has to release the final provincial infrastructure expenditure figures for 2004/2005.

For education, in the past two financial years, the trend has been a slow expenditure of the budget for education infrastructure at the beginning of the financial year, but a marked increase of the expenditure in the last quarter of the financial year. Similar trends are experienced in health.

Although there are major issues that need to be resolved, under-expenditure in the past financial years has not been the most important problem affecting delivery.

Programme to improve delivery

A joint task team has been established between the national Departments of Education and Public Works to improve provincial education infrastructure delivery. This has led to the establishment of the Infrastructure Delivery Improvement Programme ( IDIP). The programme will address problems affecting delivery at the provincial level. The IDIP is coordinated by National Treasury and is being rolled out to all provincial Departments of Education, Health and Public Works.

A similar approach is being envisaged between the national Departments of Health and Public Works.

Planning and delivery

Planning for classrooms has been complicated by the migration of learners between provinces and schools within provinces, which has resulted in some schools being under-utilised and others overpopulated. It was highlighted that problems and solutions are not always infrastructure related but rather social

Delivery of classrooms has further been hampered by late submissions of plans by provincial Departments of Education to the provincial Departments of Public Works. This has resulted in further delays in tendering processes, which takes long and is a tedious process. Another problem include late payments of contractors by both Departments of Education and Public Works, as well as the inadequate management of contractors.

The national Department of Public Works pointed out that projects are handed out to provincial Departments of Public Works for implementation; the role of the national department is to ensure that national plans were properly implemented at the provincial level. The problem of paying contractors was recognised as a national one, affecting all government departments.

Other problems identified include:

Lack of skills in all three departments Lack of communication between departments at provincial level Insufficient joint planning Lack of clear Sector Level Agreements that define roles and responsibilities Inadequate business processes at all stages of the supply chain cycle

It is hoped that the Infrastructure Delivery Improvement Programme will address these problems.

The following concerns were raised: concern regarding the proper planning for projects, whether sufficient information was made available for the proper planning. A question was raised whether the national Department of Public Works was supposed to have set standards for other departments, especially provincial departments. Furthermore, concerns were raised regarding the late payments and late submission of plans, which has affected service delivery. The issue of migration and long distance travelled by schoolchildren was highlighted.

1. Department of Land Affairs

Summary

The Chief Financial Officer, Ms C Choane, Department of Land Affairs, provided an overview of the department’s strategy and budget for 2005/06. The bulk of the 2005/06 budget would be channelled to the Land Restitution Programme. This comprises 69% of the budget over the Medium Term Expenditure Framework. This is in line with policy directives according to the MTBPS toward the finalisation of land restitution within three years.

To provide more substance to the above comments, the Chief Land Claims Commissioner, Mr T Gwanaya, described the progress made in land restitution, the measures to speed up the process and challenges faced by the Department.

Some of the issues that were raised by the Committee included the following:

Land occupied by the South African National Defence Force (SANDF). Mechanisms to protect farm-dwellers. High land prices. Ensuring that communities were not exploited by housing developers.

Department of Land Affairs Briefing In expanding on strategies to be utilised for 2005/06 within the framework for implementing land and agrarian reform, the following was noted:

The land reform budget had increased substantially and the bulk of the budget would go on the land restitution programme. The government had set itself the target of delivering 30% of commercial agricultural land (approximately 22 million hectares) by 2014 to black citizens. About 20.6 million hectares should still be delivered at 1.87 million hectares per year to meet the target. The total amount of land delivered since 1994 was 3.5 hectares. More than a million people had benefited from land reform.

In focusing specifically on land restitution, the following was highlighted:

59 345 restitution claims had been settled from 1999 to 31 March 2005, benefiting 172 769 households and delivering 887 093 hectares. A total of 28 087 claims still had to be settled by 2008/09. The Land Claims Commission had developed an implementation plan that indicated how the process was to be finalised. The Minister announced a R6 billion increase in the budget for restitution over the next three years, and 280 posts were created to increase capacity for the processing of claims. New strategies have been developed to fast track the processing of claims, such as the grouping of claims, standard settlement offers, outsourcing and the use of interns and seconded officials. Furthermore, the Belgian government had approved 6 million Euros for fast tracking the settlement of claims, and a further 6 million Euros for post- settlement support.

In terms of the 2005/06 budget for restitution, the following was detailed:

The Commission spent their budget of R1.18 million during the past financial year. The original allocation had been depleted in October 2004, and the National Treasury had advanced an additional allocation of R200 million in January 2005. For the new financial year, the commission was allocated a total budget of R2.7 billion.

The challenges, noted by the department comprised the following:

High land prices. Uncooperative sellers. The shortage of state land for redistribution or restitution. Organised agriculture should demonstrate more concrete commitment to land reform. The culture of respect for the land rights of vulnerable groups should be increased. Technical support and skills development for land reform beneficiaries were critical for sustainable land reform.

In conclusion, Mr Gwanya maintained that whilst significant progress has been made towards the implementation of the land policy in South Africa, the following issues needed to be prioritised:

Additional resources were required to meet the 30% target for 2014. The Land Summit (in its planning stages) will assist in identifying areas for policy reviews, such as the willing-buyer-willing-seller policy. More research is needed from international experiences in land reform and the financing of land reform. The role of provincial departments of agriculture, organised agriculture, the non-governmental sector (NGOs), and the private sectors, is critical for post-settlement support to land reform beneficiaries.

Issues Highlighted by Committee Members:

On the issue of whether the matter of land occupied by the SANDF, specifically the Lohatla military base had been resolved, it was noted that 30 000 hectares lf the required 62 000 hectares had been provided to the community. Although in this instance, the court had ruled in favour of the SANDF, the Commission was still trying to consult with the SANDF, or alternatively, find land outside Lohatla. Madimbo was an example of where the SANDF had made land available. A major concern also arose on the issue of developers buying up large tracts of land. In many instances, the communities did not have the skills to evaluate properties and were convinced of accepting deals from which they would not really benefit. This issue had been discussed with the Department of Finance and a committee to address this had been set up. If a particular community wanted to sell their land, they should consult with the Department. A question was raised as to the rationale of the Department of Land Affairs preference of acquiring privately owned land. It was argued that in many instances, owners were not cooperating, demanded high prices and private land was being left fallow. In response it was noted that high land prices were a serious problem but that land subsidies received from government were subtracted from the historical cost of land and the improvements made. Furthermore, some farmers were demanding prices higher than market value but the Commission insisted on the market prices and refused to pay higher as they had the right to expropriate. The problem was that they could end up with high prices, as the Expropriation Act required all the costs of the farmer to be included. Land owned by absentee landlords was also a challenge and the Commission had given a report to the Minister to consider. There was a need to compile a register of land ownership, indicating the race and nationality of the owners, but this plan had met with resistance by the media who argued that it would bring back apartheid’s racial classification. However, the Commission stressed that this would not be the case as such data was required for transformation purposes. A concern was raised on the issue of a lack of proper consultation with communities regarding land prices and conflict within communities. In response, the Commission maintained that conflict could be resolved through consultation with communities and municipalities. The verification of claims and boundaries was also raised, and the Commission noted that the issue of boundaries did not affect people’s right of ownership of land. The issue of mechanisms to assist farm-dwellers who were increasingly evicted from farms was raised. It was stressed that this was of particular concern in Limpopo and Mpumlanaga. It was noted that the Land Reform (Labour Tenants) Act, 3 of 1996 should have been tied to the Restitution of Land Rights Act, 22 of 1994, as amended, as the legislation (Labour Tenants Act) protected the rights of farm dwellers and farm-workers. 20 000 tenancy claims in Kwazulu-Natal had been received. There were problems between farm owners, labour tenants and farm workers, especially when farmers “loaded” payslips for commodities like water and electricity. The South African Police (SAPS) had not responded adequately to complaints from communities. In terms of the implementation of the department’s budget, it was noted that a strategy and implementation plan had been devise, which went into details of the projects. The department was looking at the milestones and aligned these with the claims they were settling. This information would be provided to the Committee as soon as possible.

1. Department of Health

Hospital Revitalization Project

The presentation by the Department of Health focused on the Hospital Revitalization Grant, which is intended to provide strategic funding to enable provinces to plan, manage, modernize, rationalize and transform the infrastructure, health technology, organizational management and evaluations of hospitals so as to bring hospitals in line with national policy objectives. The Hospital Revitalization Programme did not entail the building of new hospitals but instead revitalized existing ones.

Expenditure

The total medium-term expenditure framework for the nine provinces increases from approximately R1 billion in 2005/ 2006 to R 1,2 billion in 2007/ 2008. Provinces are required to submit business cases so as to be included in the project. The National Department of Health appraises all business cases so as to ensure that the Strategic Plan of provinces is adhered to and size, location, cost, sustainability and level of service adheres to National Guidelines. The methodology of allocation was based on needs and the capacity of provinces to spend their allocations. The allocations are heavily dependent on the quality of information and prioritisation received from provinces. Challenges

Three hospitals have been completed to date, 5 to be completed in the 2005/ 2006 period and 4 hospitals to be completed in the 2006/ 2007 period. The programme has faced with many challenges including:

Delays in appointing contractors on site Department of Public Works and contractors Provincial capacity including technical staff Reporting/ communication to and from provinces are ineffective and unreliable Hospitals in rural areas

Regarding the expenditure on the grant, KwaZulu-Natal requested that their allocation be taken back due to a problem with the provincial Department of Public Works. This challenge has been corrected. Extensive rollovers had affected the allocation for the next year. The Committee focused some attention on the oversight role of the National Department of Health. The National Department also acted as the source of funding. The committee called for budgetary control systems that measure delivery and quality – value for money.

The Department of health has created extensive capacity through the new Project Management Unit to deal with the Hospital Revitalization Project. It was reported that the completion of the Hospital Revitalization Project would take approximately ten to twenty years for completion.

1. Report of the Joint Budget Committee on National and Provincial Expenditure from 1 October to 31 December 2004, dated 22 June 2005:

2. INTRODUCTION

The report analyses expenditure trends for the third quarter of the 2004/05 financial year. Part A of the document analyses the expenditure of National Departments, while part B analyses the expenditure of Provincial Departments.

A. THE NATIONAL SPHERE OF GOVERNMENT

The Third Quarter Expenditure Report indicates that Departments that were under spending in the second quarter continue to be the lowest spenders. These include the Departments of Communication, Foreign Affairs, Sport and Recreation, Public Service and Administration, SAMDI and Statistics South Africa. The Departments of Communications and Foreign Affairs were also the lowest spenders in the third quarters of the previous two financial years.

The Department of Foreign Affairs, which has been the second-lowest spender for two consecutive financial years, has provided an explanation for its low expenditure in previous reports[5]. By the third quarter of the last financial year, the Department had only spent 44.34% of its budget compared to 47.48% in the current financial year. The Department of Communication, which was the lowest spender at 32.52% by the third quarter of the last financial year, is still the lowest spender for three consecutive financial years with an expenditure of 41.29%.

It can thus be observed that the same Departments who were struggling to spend their budgets in the last two financial years are still under spending in this financial year. However, all Departments have spent marginally less than they had in the third quarter of the last financial year. Average expenditure has decreased from 71.67% in the third quarter of the last financial year to 69.91% in this quarter. The decrease in expenditure was evident from the beginning of the financial year.

1. MONTHLY EXPENDITURE

The months under review are October, November and December 2004.

2.1. DEPARTMENTAL EXPENDITURE TRENDS IN OCTOBER 2004

Average expenditure in October 2004 was 8.01%. Table 1 illustrates that the Department of Social Development was the highest spending department in October 2004, which was also the case in the previous financial year. Other departments have also followed similar spending trends as in preceding financial years, e.g. the Department of Provincial and Local Government is still the lowest spender in this financial year. The reason for the fluctuating expenditure of this Department, as well as other departments that make large transfers periodically like the Department of Social Development is due to the fact that the department makes transfers during certain months. Although the Department of Provincial and Local Government is the lowest spender, its expenditure is higher than it was in the same month of the last financial year when it spent only 1.96% of its budget in October 2003.

2.1.1 Highest Spending departments in October

The social services sector is still the highest spending sector and the central government administration sector is the lowest spending sector.

Table1: Highest spending departments in October | | |Total |%Expenditure | |R’000 |Total Budget|Expenditure |for the month | |Social Development |4598575 |1123278 |24.43% | |Water Affairs and Forestry |3823112 |406411 |10.63% | |Environmental Affairs and |1652268 |173195 |10.48% | |Tourism | | | | |Government Communications and |203149 |20057 |9.87% | |Information Services | | | | |Foreign Affairs |2546649 |250558 |9.84% | |The Presidency |175852 |17196 |9.78% | |Housing |4826781 |468158 |9.70% |

2.1.2. Lowest Spending departments in October

Table2: Lowest spending departments in October | | |Total |%Expenditure | |R’000 |Total Budget|Expenditure |for the month | |Provincial and Local Government |13137381 |318564 |2.42% | |Agriculture |1449391 |41030 |2.83% | |Mineral and Energy |1945143 |64786 |3.33% | |SA Management Development |40887 |1764 |4.31% | |Institute | | | | |Sport and Recreation South |294213 |14076 |4.78% | |Africa | | | |

2.2 DEPARTMENT EXPENDITURE TRENDS IN NOVEMBER 2004

Average Expenditure in November 2004 rose slightly to 8.23%. Tables 3 and 4 indicate that the Department of Provincial and Local Government was the highest spender in November 2004, and the lowest spender was the Department of Social Development.

2.2.1. Highest Spending departments in November

Table 3: Highest spending departments in November | | |Total |%Total | |R’000 |Total Budget|Expenditure |Expenditure | |Provincial and Local Government |13137381 |2364852 |18.00% | |Science and Technology |1282412 |158214 |12.34% | |National Treasury |14021916 |1628285 |11.61% | |Transport |6769171 |720636 |10.65% | |Foreign Affairs |2546649 |263675 |10.35% | |Independent Complaints Directorate|42114 |4353 |10.34% |

2.2.2. Lowest Spending departments in November

Table 4: Lowest spending departments in November | | |Total |%Total | |R’000 |Total |Expenditure |Expenditure | | |Budget | | | |Social Development |4598575 |25556 |0.56% | |Public Service and Administration |144296 |6261 |4.34% | |Sport and Recreation South Africa |294213 |13598 |4.62% | |Statistics South Africa |500190 |23817 |4.76% | |SA Management Development |40887 |1972 |4.82% | |Institute | | | | |Minerals and Energy |1945143 |95491 |4.91% | |Agriculture |1449391 |72091 |4.97% |

2.3. DEPARTMENTAL EXPENDITURE IN DECEMBER 2004

Average expenditure in December 2004 dropped to 7.03%. The Department of Minerals and Energy was the highest spender in December, spending 27.92% of its budget in this month. The department has explained that the increase in expenditure was attributed to a huge payment of R447.688 Million made to ESKOM for the National Electrification Programme.

2.3.1. Highest Spending departments in December in December

Table 5: Highest spending departments in December | | | |% Expenditure| | | |Expenditure |of the month | |R’000 |Total |for the month| | | |Budget | | | |Minerals and Energy |1945143 |543157 |27.92% | |Agriculture |1449391 |154604 |10.67% | |Housing |4826781 |498336 |10.32% | |Foreign Affairs |2546649 |237348 |9.32% | |Independent Complaints Directorate|42114 |3841 |9.12% |

2.3.2. Lowest Spender in December

Table 6: Lowest spending Departments in December | | | |% Total | | | |Total |Expenditure | |R’000 |Total Budget|Expenditure |for the Month| |Education |11405095 |154603 |1.36% | |SA Management Development |40887 |593 |1.45% | |Institute | | | | |Social Development |4598575 |119015 |2.59% | |Communication |1679917 |61074 |3.64% |

2.4. OVERALL EXPENDITURE AT THE END OF THE THIRD QUARTER

The Social services sector is the highest spending sector with an average expenditure of 77.52%. Departmental expenditure has dropped slightly from the previous financial year from 71.67% in the third quarter of the previous financial year to 69.71% in this quarter. It can also be observed that departments are consistent in terms of their spending trends and that there are no major changes from the last financial year.

The Department of Communication is still cause for concern, as has been the case in the previous two financial years. The Department however, has increased its expenditure marginally from 32.52% in the third quarter of the 2003/04 financial year, to 41.29% at the end of the third quarter of the 2004/05 financial year. The Department of Communication’s expenditure has continuously been a cause for concern for the Committee due to the department’s trend of under spending on its budget and then spending a huge chuck of the budget in the last month of the year (approximately half of the department’s budget is usually spent in the last month of the financial year)[6]. The Committee has previously recommended that the department appear before it.

2.4.1. Highest spending Department for the quarter ending 31 December 2004

Table 7: highest spending departments as at 31 December 2004 | | |Expenditur| |Total | | | |Total |e for the |%Expenditure|Expenditur|% | |R’000 |Budget |Month |for the |e to date |Expenditure | | | | |Month | |to date | |Housing |4826781|498336 |10.32% |3838498 |79.53% | |Parliament |576144 |49011 |8.51% |441104 |76.56% | |GCSI |203149 |11228 |5.53% |152100 |74.87% | |Transport |6769171|604006 |8.92% |5051498 |74.63% |

2.4.2. Lowest Spending Departments for the quarter ending 31 December 2004

Table 8: Lowest spending departments as a 31 December 2004 | | |Expenditur| |Total | | | |Total |e for the |% |Expenditur|%Expenditure| |R’000 |Budget |Month |Expenditure |e to date |To date | | | | |for the | | | | | | |month | | | |SA Management |40887 |593 |1.45% |18589 |45.46% | |Development | | | | | | |Institute | | | | | | |Foreign Affairs |2546649|237348 |9.32% |1209208 |47.48% | |Statistics South |500190 |27076 |5.41% |245661 |49.11% | |Africa | | | | | |

Chart 1: Lowest Spending Departments at the end of third quarter 2004/05 [pic]

Chart 2: Lowest Spending Departments (Financial year 2003/04) [pic]

Chart 3: Highest spending Department at end of the third quarter 2004/05 [pic] Chart 4: Highest Spending Departments (END of 2003/04) [pic]

2.5. CURRENT, TRANSFER AND CAPITAL EXPENDITURE OF NATIONAL DEPARTMENTS

National Departments have increased their Capital expenditure tremendously. Average Current expenditure is 68.47%; transfers are 71.39% and Capital expenditure at 64.23%. In this regard, the highest spenders of Current expenditure are Parliament (76.94%), Public Enterprises (76.47%) and Public Works (75.58%). In Contrast, the lowest spenders of Current expenditure are SAMDI (36.28%), Sport and Recreation South Africa (41.51%), Social Development (41.70%) and Education (48.18%).

In this financial year, the National Treasury added another dimension to its reporting. Previously, the Treasury only reported on Current and Capital Expenditure. The Treasury has now added transfers and subsidies to its report. In this regard it is now possible to clearly monitor transfers to subsidiaries and provinces by departments. As is to be expected, the Social Services sector makes the most transfers and subsidies. The highest transfers were made by the Department of Correctional Services (349.08%), Government Communications and Information Services (99.93%) and Education (93.13%).

Departments have decreased their capital expenditure slightly from 65.82% in the third quarter of the 2003/04 financial year to 64.23% of the third quarter of the 2004/05 financial year. However, the gap between current and capital expenditure has decreased. Table 9 and 10 indicate trends in capital expenditure in Departments.

Highest Capital Expenditure

Table 9 |R’000 |Capita|Capital |% Capital |Capital |% Capital | | |l |Expenditur|Expenditure|Expenditur|expenditur| | |Budget|e for |for the |e to date |e to date | | | |December |month | | | |Voted Amounts |540011|418403 |7.75% |3468281 |64.23% | | |8 | | | | | | | | | | | | |Central Government |161227|98852 |6.13% |838088 |51.98% | |Administration |9 | | | | | |The Presidency |3668 |14 |0.38% |1963 |53.52% | |Parliament |33436 |2786 |8.33% |25078 |75.00% | |Foreign Affairs |200547|12683 |6.32% |54353 |27.10% | |Home Affairs |602352|2823 |0.47% |43203 |7.17% | |Provincial and Local |5407 |846 |15.65% |2989 |55.28% | |Government | | | | | | |Public Works |766869|79700 |10.39% |710502 |92.65% | | | | | | | | |Financial and |78206 |2998 |3.83% |25861 |33.07% | |Administrative Services | | | | | | |Government Communications |4350 |1517 |34.87% |4610 |105.98% | |and Information Services | | | | | | |National Treasury |33364 |118 |0.35% |6084 |18.24% | |Public Enterprises |2247 |-196 |-8.72% |1559 |69.38% | |Public Service and |2027 |407 |20.08% |900 |44.40% | |Administration | | | | | | |Public Service Commission |1182 |165 |13.96% |653 |55.25% | |S A Management Development |995 |33 |3.32% |137 |13.77% | |Institute | | | | | | |Statistics South Africa |34041 |954 |2.80% |11919 |35.01% | | | | | | | | |Social Services |164773|15436 |9.37% |99386 |60.32% | |Arts and Culture, |3697 |1 |0.03% |233 |6.30% | |Education |10682 |1304 |12.21% |4989 |46.70% | |Health |38433 |1914 |4.98% |13101 |34.09% | |Labour |102224|4298 |4.20% |30344 |29.68% | |Sport and Recreation South |2616 |7746 |296.10% |42812 |1636.54% | |Africa | | | | | | |Science and Technology |1015 |0 |0.00% |4098 |403.74% | |Social Development |6106 |173 |2.83% |3809 |62.38% | |Housing |3922 |515 |13.13% |6680 |170.32% | | | | | | | | |Justice and Protection |295121|210911 |7.15% |1860342 |63.04% | |Services |3 | | | | | |Correctional Services |127663|21155 |1.66% |705248 |55.24% | | |2 | | | | | |Defence |71613 | |0.00% | |0.00% | |Independent Complaints |1336 |839 |62.80% |1609 |120.43% | |Directorate | | | | | | |Justice and Constitutional |430865|35686 |8.28% |193525 |44.92% | |Development | | | | | | |Safety and Security |117076|153231 |13.09% |959959 |81.99% | | |7 | | | | | | | | | | | | |Economic Services and |593647|90206 |15.20% |644604 |108.58% | |Infrastructure Development | | | | | | |Agriculture |47076 |15092 |32.06% |50961 |108.25% | |Communications |7013 |67 |0.96% |2081 |29.67% | |Environmental Affairs and |74418 |5875 |7.89% |41685 |56.01% | |Tourism | | | | | | |Land Affairs |36653 |4983 |13.60% |19977 |54.50% | |Minerals and Energy |5897 |-137 |-2.32% |1675 |28.40% | |Trade and Industry |10937 |1259 |11.51% |4826 |44.13% | |Transport |22453 |389 |1.73% |3769 |16.79% | |Water Affairs and Forestry |385278|62163 |16.13% |512949 |133.14% |

The Department of Sport and Recreation South Africa has indicated that its records do not indicate an overexpenditure on its capital budget. However, the Department indicated that it needs to investigate the matter further and provide a response to the Committee.

Lowest Capital Expenditure

Table 10 |R’000 |Capital |Capital |% Capital|Capital |% | | |Budget |Expenditu|Expenditu|Expenditu|Capital | | | |re |re for |re to |expendit| | | | |the month|date |ure to | | | | | | |date | |Voted Amounts |5400118 |418403 |7.75% |3468281 |64.23% | | | | | | | | |Central Government |1612279 |98852 |6.13% |838088 |51.98% | |Administration | | | | | | |The Presidency |3668 |14 |0.38% |1963 |53.52% | |Parliament |33436 |2786 |8.33% |25078 |75.00% | |Foreign Affairs |200547 |12683 |6.32% |54353 |27.10% | |Home Affairs |602352 |2823 |0.47% |43203 |7.17% | |Provincial and Local |5407 |846 |15.65% |2989 |55.28% | |Government | | | | | | |Public Works |766869 |79700 |10.39% |710502 |92.65% | | | | | | | | |Financial and |78206 |2998 |3.83% |25861 |33.07% | |Administrative Services | | | | | | |Government Communications |4350 |1517 |34.87% |4610 |105.98% | |and Information Services | | | | | | |National Treasury |33364 |118 |0.35% |6084 |18.24% | |Public Enterprises |2247 |-196 |-8.72% |1559 |69.38% | |Public Service and |2027 |407 |20.08% |900 |44.40% | |Administration | | | | | | |Public Service Commission |1182 |165 |13.96% |653 |55.25% | |S A Management Development |995 |33 |3.32% |137 |13.77% | |Institute | | | | | | |Statistics South Africa |34041 |954 |2.80% |11919 |35.01% | | | | | | | | |Social Services |164773 |15436 |9.37% |99386 |60.32% | |Arts and Culture, |3697 |1 |0.03% |233 |6.30% | |Education |10682 |1304 |12.21% |4989 |46.70% | |Health |38433 |1914 |4.98% |13101 |34.09% | |Labour |102224 |4298 |4.20% |30344 |29.68% | |Science and Technology |1015 | |0.00% |4098 |403.74% | |Social Development |6106 |173 |2.83% |3809 |62.38% | |Sport and Recreation South |2616 |7746 |296.10% |42812 |1636.54%| |Africa | | | | | | | | | | | | | |Justice and Protection |2951213 |210911 |7.15% |1860342 |63.04% | |Services | | | | | | |Correctional Services |1276632 |21155 |1.66% |705248 |55.24% | |Defence[7] |71613 |0 |0.00% |0 |0.00% | |Independent Complaints |1336 |839 |62.80% |1609 |120.43% | |Directorate | | | | | | |Justice and Constitutional |430865 |35686 |8.28% |193525 |44.92% | |Development | | | | | | |Safety and Security |1170767 |153231 |13.09% |959959 |81.99% | | | | | | | | |Economic Services and |593647 |90206 |15.20% |644604 |108.58% | |Infrastructure Development | | | | | | |Agriculture |47076 |15092 |32.06% |50961 |108.25% | |Communications |7013 |67 |0.96% |2081 |29.67% | |Environmental Affairs and |74418 |5875 |7.89% |41685 |56.01% | |Tourism | | | | | | |Housing |3922 |515 |13.13% |6680 |170.32% | |Land Affairs |36653 |4983 |13.60% |19977 |54.50% | |Minerals and Energy |5897 |-137 |-2.32% |1675 |28.40% | |Trade and Industry |10937 |1259 |11.51% |4826 |44.13% | |Transport |22453 |389 |1.73% |3769 |16.79% |

B. THE PROVINCIAL SPHERE OF GOVERNMENT

Part B of the report analyses the expenditure trends of provinces by the end of the third quarter of the 2004/05 financial year. The figures in the third quarter report include the additional funds totaling R4, 3 billion allocated to provinces on 26 October 2004 through the adjustments budget. Provinces have spent 70.6% of their adjusted budget in the first nine months of the financial year[8].

Most spending pressure facing provinces is in the Departments of Social Development. Provinces received an increase of R3, 3 billion in this regard through the adjustments budget, and have spent 73.4% or R37, 2 billion of their R50, 7 billion adjusted budget. This represents an increase of R6, 4 billion or 20.9% over the same period last year.

The National Treasury, in a report on the state of provincial expenditure, indicated that some provinces also face some risks from their personnel expenditure, i.e. in the Departments of Education and Health. The total personnel expenditure in all nine provinces is R65, 7 billion or 73.6% of the R89, 3 billion personnel budget.

This fact is clearly indicated by the imbalance between current and capital expenditure in this report. The biggest underspending problem in provinces continues to be the slow rate of spending on capital expenditure, as provinces spent 46.4% or R5, 6 billion of their combined R12 billion adjusted capital budgets. This is significantly lower than the 64.23% spent by national departments[9]. Fact sheet on Provincial Spending[10]

The highest share (39.3%) of provincial capital budgets was for roads, transport and public works departments, which spent R2.6 billion or 54.3% against the total R4.7 billion adjusted budget.

Education spending totalled R47.8 billion or 72.6% of the R65.7 billion total adjusted budget for education. The spending pattern reflected a R4.3 billion or 9.9 percent increase compared with spending during the same period in 2003/04. Capital spending in education was relatively slow at 42.9 percent or R1.3 billion up to the end of December 2004. Personnel expenditure was high at 74.5 percent.

Health spending totalled R28.7-billion (70.2%), which was R2.5 billion higher compared with the same period last year. Capital spending in health was also relatively slow at 45.4% or R1.3-billion.

1. PROVINCIAL ANALYSIS

The expenditure pattern of provinces in the third quarter of the current financial year is as follows:

3.1. EASTERN CAPE PROVINCE

Table 11 illustrates that the Eastern Cape Province had spent an average of 72.24% of its budget by the end of the third quarter. The Province’s Departments have spent their budgets satisfactorily, with the Provincial Treasury being the lowest spender at 57.48%.

Table 11: Total Expenditure of Departments in the Eastern Cape Province |R’000 |Total |Total |Percentage |Total |Percentage | | |Budget |Expendit|Expenditure|Expendit|Total | | | |ure for |for the |ure to |Expenditure| | | |the |Quarter |date |to date | | | |Quarter | | | | |2.Health |5221266 |1373348 |26.30% |3963872 |75.92% | |3.Social Development |9687860 |1749765 |18.06% |6660730 |68.75% | |4.Office of the |225967 |48390 |21.41% |138604 |61.34% | |Premier | | | | | | |5.Provincial |95549 |23676 |24.78% |68949 |72.16% | |Legislature | | | | | | |6.Roads & Public |1821793 |553773 |30.40% |1509375 |82.85% | |Works | | | | | | |7.Housing, Local |1039212 |233758 |22.49% |758145 |72.95% | |Government & | | | | | | |Traditional Affairs | | | | | | |8.Agriculture |882143 |255277 |28.94% |585672 |66.39% | |9.Economic Affairs, |799624 |226796 |28.36% |489081 |61.16% | |Environment &Tourism | | | | | | |10.Transport |302586 |80016 |26.44% |219658 |72.59% | |11.Provincial |155030 |33329 |21.50% |89114 |57.48% | |Treasury | | | | | | |12.Sport, Recreation,|239883 |50329 |20.98% |154805 |64.53% | |Arts & Culture | | | | | | |13.Safety & Liaison |11322 |3271 |28.89% |8573 |75.72% | |Total |31277501 |7596875 |24.29% |22593529|72.24% | |2.Health |2757267 |730151 |26.48% |2024257 |73.42% | |3.Social Development|3632596 |995305 |27.40% |2637104 |72.60% | |4.Department of the |85380 |17920 |20.99% |54924 |64.33% | |Premier | | | | | | |5.Free State |61964 |16848 |27.19% |45337 |73.17% | |Legislature | | | | | | |6.Tourism, |249050 |39073 |15.69% |161576 |64.88% | |Environmental & | | | | | | |Economic Affairs | | | | | | |7.Free State |134022 |29907 |22.31% |78351 |58.46% | |Provincial Treasury | | | | | | |8.Local Government &|763490 |177506 |23.25% |445140 |58.30% | |Housing | | | | | | |9.Public Works, |808983 |267248 |33.04% |548716 |67.83% | |Roads & Transport | | | | | | |10.Public Safety, |27140 |5376 |19.81% |16198 |59.68% | |Security & Liaison | | | | | | |11.Agriculture |257283 |45938 |17.86% |122304 |47.54% | |12.Sport, Arts, |94262 |20418 |21.66% |55774 |59.17% | |Culture, Science & | | | | | | |Technology | | | | | | |Total |13489087|3518096 |26.08% |9351976 |69.33% | |2.Health |8943840 |2206943 |24.68% |5856157 |65.48% | |3.Social |6342534 |1800729 |28.39% |4675026 |73.71% | |Development | | | | | | |4.Office of the |101402 |25657 |25.30% |66505 |65.59% | |Premier | | | | | | |5.Gauteng |98695 |22137 |22.43% |63574 |64.41% | |Provincial | | | | | | |Legislature | | | | | | |6.Finance & |1207232 |131587 |10.90% |601332 |49.81% | |Economic Affairs| | | | | | |7.Housing |1440226 |371209 |25.77% |1011733 |70.25% | |8.Local |237367 |95371 |40.18% |138174 |58.21% | |Government | | | | | | |9.Public |1787446 |411952 |23.05% |1138334 |63.68% | |Transport, Roads| | | | | | |& Works | | | | | | |10.Community |162669 |30396 |18.69% |49211 |30.25% | |Safety | | | | | | |11.Agriculture, |206579 |43008 |20.82% |114971 |55.65% | |Conservation & | | | | | | |Environment | | | | | | |12.Sport, |142252 |39702 |27.91% |89427 |62.87% | |Recreation, Arts| | | | | | |and Culture | | | | | | |13.Gauteng |509181 |129373 |25.41% |310075 |60.90% | |Shared Services | | | | | | |Center | | | | | | |Total |31206772 |8193373 |26.26% |21619254 |69.28% | |2.Health |8875985 |2349877 |26.47% |6435717 |72.51% | |3.Social Welfare |10950554 |2988392 |27.29% |8617471 |78.69% | |& Population | | | | | | |Development | | | | | | |4.Office of the |201884 |38006 |18.83% |98609 |48.84% | |Premier | | | | | | |5.Provincial |130792 |23349 |17.85% |70869 |54.18% | |Parliament | | | | | | |6.Agriculture & |963846 |253774 |26.33% |648687 |67.30% | |Environmental | | | | | | |Affairs | | | | | | |7.Economic |146897 |46487 |31.65% |127597 |86.86% | |Development | | | | | | |8.Provincial |694021 |34754 |5.01% |115666 |16.67% | |Treasury | | | | | | |9.Housing |975915 |203188 |20.82% |684709 |70.16% | |10Community |17127 |4461 |26.05% |9927 |57.96% | |Safety & Liaison | | | | | | |11.The Royal |25212 |6854 |27.19% |18299 |72.58% | |Household | | | | | | |12.Traditional & |487186 |115898 |23.79% |275982 |56.65% | |Local Government | | | | | | |Affairs | | | | | | |13Transport |1809647 |497656 |27.50% |1405631 |77.67% | |14.Works |402004 |92841 |23.09% |244964 |60.94% | |15.Arts, Culture |200608 |14695 |7.33% |24095 |12.01% | |& Tourism | | | | | | |16.Sport & |43652 |5768 |13.21% |11915 |27.30% | |Recreation | | | | | | |17.Reconstruction|- |- |- |- |- | |& Development | | | | | | |Total |38994044|10045447 |25.76% |28308435 |72.60% | |1.Education |9689857 |2537041 |26.18% |7013229 |72.38% | |2.Health |4239622 |1047859 |24.72% |2959007 |69.79% | |3.Welfare |6712055 |1675453 |24.96% |4749914 |70.77% | |4.Sport, Arts & Culture |78788 |18686 |23.72% |52664 |66.84% | |5.Safety, Security & |20883 |4416 |21.15% |12626 |60.46% | |Liaison | | | | | | |6.Office of the Premier |261144 |64139 |24.56% |134027 |51.32% | |7.Local Government & |857720 |168477 |19.64% |517674 |60.35% | |Housing | | | | | | |8.Provincial Legislature|103167 |19051 |18.47% |57480 |55.72% | |9.Public Works |1518006 |328028 |21.61% |1026010 |67.59% | |10.Finance & Economic |852250 |205179 |24.07% |560722 |65.79% | |Development | | | | | | |11.Agriculture |795233 |184359 |23.18% |514477 |64.70% | |12.Transport |487290 |142859 |29.32% |358630 |73.60% | |Total |25616015|6395547 |24.97% |17956460 |70.10% | |1.Education |5206947 |1300949 |24.98% |3595256 |69.05% | |2.Health |2393885 |587868 |24.56% |1560220 |65.18% | |3.Social Development |3368928 |1029686 |30.56% |2580891 |76.61% | |4.Office of the Premier |111780 |27027 |24.18% |77319 |69.17% | |5.Finance |192162 |53150 |27.66% |113433 |59.03% | |6.Agriculture & Land |500735 |122207 |24.41% |323703 |64.65% | |Administration | | | | | | |7.Roads & Transport |834874 |211900 |25.38% |505737 |60.58% | |8.Safety & Security |36268 |8926 |24.61% |25079 |69.15% | |9.Local Government & |551394 |170718 |30.96% |434059 |78.72% | |Housing | | | | | | |10.Provincial |51984 |13396 |25.77% |37201 |71.56% | |Legislature | | | | | | |11.Culture, Sport & |72826 |16803 |23.07% |50449 |69.27% | |Recreation | | | | | | |12.Economic Development |175236 |67503 |38.52% |135531 |77.34% | |& Planning | | | | | | |13.Public Works |290669 |80224 |27.60% |190348 |65.49% | |Total Payments |137876|3690357 |26.77% |9629226 |69.84% | | |88 | | | | | |2.Health |266437|655000 |24.58% |1830426 |68.70% | | |0 | | | | | |3.Social Development |431345|994612 |23.06% |3201225 |74.21% | | |8 | | | | | |4.Office of the Premier |153270|33134 |21.62% |98357 |64.17% | |5.Provincial Legislature |77463 |13921 |17.97% |47104 |60.81% | |6.Safety & Liaison |20679 |5576 |26.96% |14313 |69.22% | |7.Finance & Economic |311877|59492 |19.08% |173281 |55.56% | |Development | | | | | | |8.Local government & Housing |688775|129571 |18.81% |290824 |42.22% | |9.Transport & Roads |114504|308369 |26.93% |756451 |66.06% | | |7 | | | | | |10.Public Works |367939|89264 |24.26% |228910 |62.21% | |11.Agriculture, Conservation, |512733|121683 |23.73% |338517 |66.02% | |Environment & Tourism | | | | | | |12.Sport, Arts & Culture |170383|37892 |22.24% |102584 |60.21% | |13.Contingency Reserve |30627 |- |0.00% |- |0.00% | |Total |15881229 |3914358 |24.65% |10978400 |69.13% | |1.Education |1398132 |389641 |27.87% |1083601 |77.50% | |2.Health |874839 |216125 |24.70% |602021 |68.82% | |3.Social Services & |1317875 |296402 |22.49% |935085 |70.95% | |Population Development | | | | | | |4.Office of the Premier |67781 |12606 |18.60% |46034 |67.92% | |5.Legislature |46226 |10085 |21.82% |31660 |68.49% | |6.Provincial Safety & |12143 |2673 |22.01% |7989 |65.79% | |Liaison | | | | | | |7.Transport, Roads & Public|373975 |97074 |25.96% |234920 |62.82% | |Works | | | | | | |8.Economic Affairs & |48049 |9898 |20.60% |22870 |47.60% | |Tourism | | | | | | |9.Sport, Arts & Culture |53014 |9953 |18.77% |38715 |73.03% | |10.Finance |68288 |12365 |18.11% |35121 |51.43% | |11.Housing & Local |251492 |49236 |19.58% |198591 |78.97% | |Government | | | | | | |12.Agriculture, Land |129954 |25513 |19.63% |72497 |55.79% | |Reform, Environment & | | | | | | |Conservation | | | | | | |Total |4641768 |1131571 |24.38% |3309104 |71.29% | |1.Education |5516384 |1541706 |27.95% |4040551 |73.25% | |2.Health |4878343 |1256807 |25.76% |3463187 |70.99% | |3.Social Services & |4326504 |1099111 |25.40% |3110194 |71.89% | |Poverty Alleviation | | | | | | |4.Provincial |297241 |64256 |21.62% |177084 |59.58% | |Administration | | | | | | |5.Provincial Parliament |46861 |10974 |23.42% |34110 |72.79% | |6.Provincial Treasury |108980 |23370 |21.44% |68069 |62.46% | |7.Community Safety |161627 |48430 |29.96% |116222 |71.91% | |8.Housing |712881 |174597 |24.49% |371929 |52.17% | |9.Environmental Affairs & |137417 |31314 |22.79% |94753 |68.95% | |Development Planning | | | | | | |10.Transport & Public |1882316 |399152 |21.21% |1066682 |56.67% | |Works | | | | | | |11.Agriculture |230644 |60393 |26.18% |135522 |58.76% | |12.Local Government |89022 |13059 |14.67% |36685 |41.21% | |13.Economic Development & |126536 |66971 |52.93% |97223 |76.83% | |Tourism | | | | | | |14.Cultural Affairs & |156239 |36043 |23.07% |102713 |65.74% | |Sport | | | | | | |Total |18670995 |4826183 |25.85% |12914924 | | | | | | | |Central Government |24327550 |1258559 |5.17% |5.29% | |Administration | | | | | |Parliament |576144 |49011 |8.51% |7.68% | |Foreign Affairs |2546649 |250558 |9.84% |6.05% | |Home Affairs |2377615 |151053 |6.35% |10.35% | |Provincial and Local |13137381 |318564 |2.42% |1.96% | |Government | | | | | |Public Works |5513909 |472177 |8.56% |9.07% | |Financial and |15060896 |874190 |5.80% |9.92% | |Administrative Services | | | | | |National Treasury |14021916 |800462 |5.71% |10.05% | |Public Enterprises |77377 |4992 |6.45% |6.25% | |Public Service and |144296 |11372 |7.88% |6.74% | |Administration | | | | | |Public Service Commission |73081 |5948 |8.14% |7.87% | |S A Management Development |40887 |1764 |4.31% |8.69% | |Institute | | | | | |Statistics South Africa |500190 |29595 |5.92% |10.55% | |Social Services |28803489 |3208057 |11.14% |9.48% | |Education |11405095 |1028339 |9.02% |7.81% | |Health |8818400 |764299 |8.67% |11.29% | |Labour |1228697 |78888 |6.42% |9.25% | |Science and Technology |1282412 |111675 |8.71% |5.24% | |Social Development |4598575 |1123278 |24.43% |13.87% | |Sport and Recreation South |294213 |14076 |4.78% |9.10% | |Africa | | | | | |Justice and Protection |57538746 |4846459 |8.42% |9.06% | |Services | | | | | |Defence |19411819 |1535182 |7.91% |10.56% | |Independent Complaints |42114 |3390 |8.05% |6.64% | |Directorate | | | | | |Justice and Constitutional |5054417 |417003 |8.25% |7.76% | |Development | | | | | |Safety and Security |24572904 |2163719 |8.81% |8.48% | |Economic Services and |27800956 |2103395 |7.57% | | |Infrastructure Development | | | |8.61% | |Communications |1679917 |103299 |6.15% |4.99% | |Environmental Affairs and |1652268 |173195 |10.48% |8.44% | |Tourism | | | | | |Housing |4826781 |468158 |9.70% |9.99% | |Land Affairs |2031882 |178616 |8.79% |7.85% | |Minerals and Energy |1945143 |64786 |3.33% |9.21% | |Trade and Industry |3623291 |277725 |7.66% |7.67% | |Transport |6769171 |390175 |5.76% |8.64% | |Water Affairs and Forestry |3823112 |406411 |10.63% |7.64% |

Appendix 2: November Expenditure in National Departments

Appendix 3: December 2004 Expenditure

Appendix 6: Capital expenditure of National Departments as at 31 December 2004

Capital Expenditure |R’000 |Capit|Capital |% |Capital |% Capital | | |al |Expenditur|Capital |Expendit|Expenditur| | |Budge|e for the |Expendit|ure to |e to date | | |t |Quarter |ure for |date | | | | | |the | | | | | | |Quarter | | | |Health |49594|36524 |7.36% |71619 |14.44% | | |0 | | | | | |Social Development |11647|1010 |8.67% |2791 |23.96% | |Office of the Premier |4239 |732 |17.27% |2838 |66.95% | |Gauteng Provincial Legislature |11395|1528 |13.41% |7808 |68.52% | |Finance & Economic Affairs |59157|1302 |2.20% |3218 |5.44% | |Housing |14923|683 |4.58% |4373 |29.30% | |Local Government |1435 |178 |12.40% |215 |14.98% | |Public Transport, Roads & Works |69864|1826 |0.26% |6697 |0.96% | | |0 | | | | | |Community Safety |9882 |277 |2.80% |5593 |56.60% | |Agriculture, Conservation & |8640 |1011 |11.70% |3930 |45.49% | |Environment | | | | | | |Sport, Recreation, Arts and |627 |398 |63.48% |1131 |180.38% | |Culture | | | | | | |Gauteng Shared Services Center |33661|1790 |5.32% |7475 |22.21% | |Total |2156031|235718 |10.93% |412934 |19.15% | |Education |456170 |139381 |30.55% |698047 |153.02% | |Health |366677 |70525 |19.23% |256768 |70.03% | |Social Welfare & Population |9976262|2674687 |26.81% |7847960|78.67% | |Development | | | | | | |Office of the Premier |18056 |1454 |8.05% |4317 |23.91% | |Provincial Parliament |10613 |2531 |23.85% |7574 |71.37% | |Agriculture & Environmental |304371 |71839 |23.60% |199043 |65.39% | |Affairs | | | | | | |Economic Development |63599 |29229 |45.96% |82955 |130.43% | |Provincial Treasury |804 |301 |37.44% |909 |113.06% | |Housing |749460 |149168 |19.90% |509048 |67.92% | |Community Safety & Liaison |85 |275 |323.53% |286 |336.47% | |The Royal Household |137 |18 |13.14% |73 |53.28% | |Traditional & Local Government |126943 |42155 |33.21% |60814 |47.91% | |Affairs | | | | | | |Transport |27340 |1693 |6.19% |14232 |52.06% | |Works |6513 |1014 |15.57% |4259 |65.39% | |Arts, Culture & Tourism |105899 |5701 |5.38% |8261 |7.80% | |Sport & Recreation |4610 |610 |13.23% |660 |14.32% | |Reconstruction & Development | | | | | | |Total |1221753|3190581 |26.11% |9695206 |79.35% | | |9 | | | | | |Education |710353 |81163 |11.43% |95854 |13.49% | |Health |569197 |165853 |29.14% |318366 |55.93% | |Social Welfare & Population |55701 |13981 |25.10% |23337 |41.90% | |Development | | | | | | |Office of the Premier |5512 |449 |8.15% |1037 |18.81% | |Provincial Parliament |30361 |507 |1.67% |4338 |14.29% | |Agriculture & Environmental |99054 |11152 |11.26% |17189 |17.35% | |Affairs | | | | | | |Economic Development |3257 |359 |11.02% |1014 |31.13% | |Provincial Treasury |17380 |2952 |16.99% |3832 |22.05% | |Housing |13027 |1919 |14.73% |5740 |44.06% | |Community Safety & Liaison |364 |6 |1.65% |12 |3.30% | |The Royal Household |3053 |763 |24.99% |1740 |56.99% | |Traditional & Local Government |36308 |1839 |5.06% |16690 |45.97% | |Affairs | | | | | | |Transport |1099581|269201 |24.48% |806706 |73.36% | |Works |62973 |5796 |9.20% |12885 |20.46% | |Arts, Culture & Tourism |4257 |84 |1.97% | 91 | 2.14% | |Total |271257|556060 |20.50% |1308904 | | | |5 | | | | | |Health |376009|956160 |25.43% |2669456 |70.99% | | |4 | | | | | |Welfare |575724|141759 |24.62% |299392 |52.00% | |Sport, Arts & Culture |72401 |18584 |25.67% |50217 |69.36% | |Safety, Security & Liaison |16102 |3665 |22.76% |11444 |71.07% | |Office of the Premier |199420|45134 |22.63% |110353 |55.34% | |Local Government & Housing |358322|73332 |20.47% |243083 |67.84% | |Provincial Legislature |84436 |18147 |21.49% |48091 |56.96% | |Public Works |751716|197792 |26.31% |524769 |69.81% | |Finance & Economic Development |490238|140280 |28.61% |325964 |66.49% | |Agriculture |606358|156601 |25.83% |431602 |71.18% | |Transport |309596|95367 |30.80% |233352 |75.37% | |Total |162309|4262758 |26.26% |11509933|70.91% | | |93 | | | | | |Health |83489 |11774 |14.10% |41258 |49.42% | |Welfare |604604|1532061 |25.34% |4438432 |73.41% | | |9 | | | | | |Sport, Arts & Culture |2142 |16 |0.75% |896 |41.83% | |Safety, Security & Liaison |2381 |510 |21.42% |524 |22.01% | |Office of the Premier |40354 |17830 |44.18% |21829 |54.09% | |Local Government & Housing |418576|86653 |20.70% |226084 |54.01% | |Provincial Legislature |8898 |541 |6.08% |7054 |79.28% | |Public Works |665793|113495 |17.05% |455858 |68.47% | |Finance & Economic |267927|59351 |22.15% |178735 |66.71% | |Development | | | | | | |Agriculture |45408 |10694 |23.55% |33231 |73.18% | |Transport |155626|46809 |30.08% |113456 |72.90% | |Total |7909477 |1926821 |24.36% |5640320 |71.31% | |Health |396039 |79925 |20.18% |248293 |62.69% | |Welfare |90282 |1633 |1.81% |12090 |13.39% | |Sport, Arts & Culture |4245 |86 |2.03% |1551 |36.54% | |Safety, Security & Liaison|2400 |241 |10.04% |658 |27.42% | |Office of the Premier |21370 |1175 |5.50% |1845 |8.63% | |Local Government & Housing|80822 |8492 |10.51% |48507 |60.02% | |Provincial Legislature |9833 |363 |3.69% |2336 |23.76% | |Public Works |100497 |16741 |16.66% |45383 |45.16% | |Finance & Economic |94085 |5548 |5.90% |56023 |59.55% | |Development | | | | | | |Agriculture |143467 |17064 |11.89% |49644 |34.60% | |Transport |22068 |683 |3.09% |11822 |53.57% | |Total |147554|205968 |13.96% |806208 |54.64% | | |5 | | | | | |Education |482575|1233257 |25.56% |3360830|69.64% | | |9 | | | | | |Health |206779|553245 |26.76% |1469816|71.08% | | |8 | | | | | |Social Development |266771|89594 |33.58% |202735 |76.00% | |Office of the Premier |108057|26490 |24.51% |75963 |70.30% | |Finance |176748|51888 |29.36% |106803 |60.43% | |Agriculture & Land |335487|80107 |23.88% |206780 |61.64% | |Administration | | | | | | |Roads & Transport |454527|139834 |30.76% |321446 |70.72% | |Safety & Security |35247 |8614 |24.44% |24437 |69.33% | |Local Government & Housing|112377|33428 |29.75% |91243 |81.19% | |Provincial Legislature |47593 |12364 |25.98% |34011 |71.46% | |Culture, Sport & |64186 |16826 |26.21% |47390 |73.83% | |Recreation | | | | | | |Economic Development & |59219 |18051 |30.48% |40593 |68.55% | |Planning | | | | | | |Public Works |258781|69526 |26.87% |171040 |66.09% | |Total Payments |8812550 |2333224 |26.48% |6153087 |69.82% | |Health |73596 |20803 |28.27% |51775 |70.35% | |Social |3095130 |939636 |30.36% |2377592 |76.82% | |Development | | | | | | |Office of the |1174 |30 |2.56% |118 |10.05% | |Premier | | | | | | |Finance |69 |18 |26.09% |57 |82.61% | |Agriculture & |141027 |37278 |26.43% |111291 |78.91% | |Land | | | | | | |Administration | | | | | | |Roads & |982 |629 |64.05% |1453 |147.96% | |Transport | | | | | | |Safety & |66 |200 |303.03% |530 |803.03% | |Security | | | | | | |Local Government|377866 |149456 |39.55% |340369 |90.08% | |& Housing | | | | | | |Provincial |2700 |967 |35.81% |2759 |102.19% | |Legislature | | | | | | |Culture, Sport &|1980 |-88 |-4.44% |2499 |126.21% | |Recreation | | | | | | |Economic |115833 |49452 |42.69% |95020 |82.03% | |Development & | | | | | | |Planning | | | | | | |Public Works |478 |511 |106.90% |972 |203.35% | |Total Payments |3967106 |1238585 |31.22% |3120388 |78.66% |

Capital

National Council of Provinces

1. Report of the Select Committee on Economic and Foreign Affairs on the Close Corporations Amendment Bill [B 6B – 2005] (National Assembly – sec 75), dated 2 August 2005:

The Select Committee on Economic and Foreign Affairs, having considered the subject of the Close Corporations Amendment Bill [B 6B – 2005] (National Assembly – sec 75), referred to it, reports that it has agreed to the Bill.

                       THURSDAY, 4 AUGUST 2005

ANNOUNCEMENTS

National Council of Provinces

The Chairperson:

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 papers are referred to the Select Committee on Finance:

(a) Report and Financial Statements of the Public Accountants’ and Auditors’ Board for 2004, including the Report of the Independent Auditors on the Financial Statements for the year ended 31 December 2004.

(b) Report and Financial Statements of Sasria Limited for 2004, including the Report of the Independent Auditors on the Financial Statements for the year ended 31 December 2004.

(c) Response of National Treasury to Recommendations of the Portfolio Committee on Finance on Budget Vote 8 – National Treasury for 2005-2006 and Strategic Plan.

(d) Response of South African Revenue Services (SARS) to Recommendations of the Portfolio Committee on Finance on the Strategic Plan of the South African Revenue Services (SARS) for 2005 to 2008.

(e) Response of Statistics South Africa to Recommendations of the Portfolio Committee on Finance on Budget Vote 13 – Statistics South Africa.

(f) Annual Report of the South African Reserve Bank - Bank Supervision Department for 2004 [RP 10-2005].

(g) Government Notice No 535 published in Government Gazette No 27656 dated 6 June 2005: Notice setting out particulars of areas demarcated by Municipalities of Ekurhuleni, Msunduzi, Nelson Mandela and Polokwane in terms of section 13quat of the Income Tax Act, 1962 (Act No 58 of 1962), which shall constitute urban development zones.

(h) Government Notice No R.25 published in Government Gazette No 27681 dated 17 June 2005: Fixing of a date on which section 14(1)(a) of Revenue Laws Amendment Act, 2004 (Act No 32 of 2994), shall come into operation.

1. The following papers are referred to the Select Committee on Security and Constitutional Affairs:

(a) Draft Regulations made in terms of the Promotion of Administrative Justice Act, 2000 (Act No 3 of 2000).

(b) Proclamation No R.18 published in the Government Gazette No 27468 dated 6 April 2005: Referral of matters to existing Special Investigating Unit and Special Tribunal, made in terms of section 2(1) of the Special Investigating Units and Special Tribunal Act, 1996 (Act No 74 of 1996).

(c) Proclamation No R.18 published in Government Gazette No 27502 dated 15 April 2005: Commencement of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004).

(d) Government Notice No R.474 published in Government Gazette No 27598 dated 20 May 2005: Direction by the National Commissioner of the South African Police Service in terms of section 12(3) of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004).

1. The following papers are referred to the Select Committee on Education and Recreation:

(a) Report and Financial Statements of the National Arts Council of South Africa for 2003-2004, including the Report of the Auditor-General on the Financial Statements for 2003-2004.

(b) Report and Financial Statements of Robben Island Museum for 2003- 2004, including the Report of the Auditor-General on the Financial Statements for 2003-2004 [RP 212-2004].

(c) Government Notice No R.744 published in Government Gazette No 27819 dated 20 July 2005: National Policy regarding Further Education and Training Programme: Approval of the Document, the National Senior Certificate: A qualification at Level 4 on the National Qualifications Framework (NQF), in terms of the National Education Policy Act, 1996 (Act No 27 of 1996) and the South African Schools Act, 1996 (Act No 84 of 1996).

1. The following papers are referred to the Select Committee on Public Services:

(a) Report and Financial Statements of the South African Maritime Safety Authority (SAMSA) for 2002-2003, including the Report of the Auditor- General on the Financial Statements for 2002-2003.

(b) Report and Financial Statements of the South African Maritime Safety Authority (SAMSA) for 2003-2004, including the Report of the Auditor- General on the Financial Statements for 2003-2004.

1. The following papers are referred to the Select Committee on Security and Constitutional Affairs for consideration and report in terms of section 26 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004):

(a) Proclamation No R.22 published in Government Gazette No 27598 dated 20 May 2005: Notification by President in respect of entities identified by the United Nations Security Council in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004).

(b) Proclamation No R.31 published in Government Gazette No 27746 dated 1 July 2005: Notification by President in respect of entities identified by the United Nations Security Council in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004).

(c) Proclamation No R.29 published in Government Gazette No 27713 dated 1 July 2005: Notification by President in respect of entities identified by the United Nations Security Council in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004).

1. The following papers are referred to the Select Committee on Economic and Foreign Affairs:

(a) The South African Parliamentary Observer Mission Report on the 2005 Zimbabwe Parliamentary Elections – 31 March 2005.

(b) Government Notice No R.282 published in Government Gazette No 27419 dated 29 March 2005: Assignment of inspection functions in terms of the credit Agreements Act, 1980 (Act No 75 of 1980).

(c) Government Notice No R.283 published in Government Gazette No 27419 dated 29 March 2005: Assignment of inspection functions in terms of the Sale and Service Matters Act, 1964 (Act No 25 of 1964).

(d) Government Notice No R.293 published in Government Gazette No 27440 dated 8 April 2005: Strategic Industrial Project (SIP) in terms of the Income Tax Act, 1962 (Act No 58 of 1962).

(e) Government Notice No R.294 published in Government Gazette No 27440 dated 8 April 2005: Strategic Industrial Project (SIP) in terms of the Income Tax Act, 1962 (Act No 58 of 1962).

(f) Government Notice No R.295 published in Government Gazette No 27440 dated 8 April 2005: Strategic Industrial Project (SIP) in terms of the Income Tax Act, 1962 (Act No 58 of 1962).

(g) Government Notice No R.296 published in Government Gazette No 27440 dated 8 April 2005: Strategic Industrial Project (SIP) in terms of the Income Tax Act, 1962 (Act No 58 of 1962).

(h) Government Notice No R358 published in Government Gazette No 27475 dated 15 April 2005: International Trade and Administration Commission of South Africa: Countervailing Regulations in terms of the International Trade Administration Act, 2002 (Act No 71 of 2002).

1. The following papers are referred to the Select Committee on Land and Environmental Affairs:

(a) Government Notice No 513 published in Government Gazette No 27614 dated 3 June 2005: Release of parts of a state forest which is no longer required for forestry in terms of sections 50(4) of the National Forests Act, 1998 (Act No 84 of 1998).

(b) Government Notice No 874 published in Government Gazette No 27650 dated 3 June 2005: Prohibition on the making of fires in the open air, the destruction by burning of ground cover, including slash, the clearing or maintenance of a fire belt by burning or the execution of blockburns: Kwazulu-Natal Province in terms of the Forest Act, 1984 (Act No 122 of 1984).

(c) Government Notice No 531 published in Government Gazette No 27641 dated 10 June 2005: Transformation of the Umlaas Irrigation Board. Magisterial Districts of Pietermaritzburg, Camperdown and Richmond, Kwazulu- Natal Province, into the Upper Mlazi Water User Association, Water Management Area number 11, Kwazulu-Natal Province in terms of the National Water Act, 1998 (Act No 36 of 1998).

(d) Government Notice No 532 published in Government Gazette No 27641 dated 10 June 2005: Transformation of the Groenland Irrigation Board, Magisterial District of Caledon (Theewaterskloof Municipality), Western Cape Province, into the Groenland Water User Association, Water Management Area number 18, Western Cape Province in terms of the National Water Act, 1998 (Act No 36 of 1998).

(e) Government Notice No 533 published in Government Gazette No 27641 dated 10 June 2005: Transformation of the Vanwyksdorp Irrigation Board, Magisterial District of Calitzdorp, Western Cape Province, into the Vanwyksdorp Water User Association, Water User Association, Water Management Area number 16, Western Cape Province in terms of the National Water Act, 1998 (Act No 36 of 1998).

(f) Government Notice No 534 published in Government Gazette No 27641 dated 10 June 2005: Establishment of the Nzhelele Catchment Water User Association, Vhembe District Municipality, Limpopo Province, Water Management Area number 1 in terms of the National Water Act, 1998 (Act No 36 of 1998).

(g) Government Notice No 558 published in Government Gazette No 27674 dated 10 June 2005: Prohibition on the making of fires in the open air, the destruction by burning of slash and clearing or maintenance of fire belts by burning and the execution of blockburns: Districts of Nelspruit, White River, Pilgrim’s Rest, Lydenburg, Belfast, Waterval-Boven, Carolina and Barberton in terms of the Forest Act, 1984 (Act No 122 of 1984).

(h) Government Notice No 559 published in Government Gazette No 27674 dated 10 June 2005: Prohibition on the making of fires in the open air, the destruction by burning of slash and clearing or maintenance of fire belts by burning and the execution of blockburns: Districts of (A) Ermelo, Eerstehoek, Carolina and Waterval-Boven; (B) Piet Retief and Wakkerstroom in terms of the Forest Act, 1984 (Act No 122 of 1984).

(i) Government Notice No 560 published in Government Gazette No 27674 dated 10 June 2005: Prohibition on the making of fires in the open air, the destruction by burning of slash and clearing or maintenance of fire belts by burning and the execution of block-burns Vhembe District Municipality (formerly Soutpansberg areas) in terms of the Forest Act, 1984 (Act No 122 of 1984).

(j) Government Notice No 561 published in Government Gazette No 27674 dated 10 June 2005: Prohibition on the making of fires in the open air, the destruction by burning of slash and clearing or maintenance of fire belts by burning and the execution of block-burns Mopane District Municipality (formerly Letaba and Pietersburg Districts) in terms of the Forest Act, 1984 (Act No 122 of 1984).

(k) Government Notice No 554 published in Government Gazette No 27664 dated 10 June 2005: Release of state forest land at Sederberg, Grootvadersbosch, Hawequas, (Limtedberg) and Kogelberg Forest Reserves – Western Cape, which is no longer required for forestry purposes in terms of the National Water Act, 1998 (Act No 36 of 1998).

(l) Report of the Department of Water Affairs and Forestry to the National Assembly on Write-off of Loan Guaranteed by the State (Kanoneiland Settlement Management Board), in terms of section 70(4) of the Public Finance Management Act, 1999 (Act No 1 of 1999).

COMMITTEE REPORTS

National Council of Provinces

1. Report of the Select Committee on Social Services on Oversight Visit to Gauteng Province, dated 7 June 2005:

The Select Committee on Social Services, having undertaken an oversight visit to Gauteng from 7-9 February 2005, reports as follows:

A. Background

The Select Committee on Social Services undertook a study tour to Gauteng Province from 7-9 February 2005. The purpose of the study tour was for the Committee to exercise its oversight function, as mandated by the Constitution. The primary objectives of the provincial visit included:

To conduct oversight over the management and quality of services rendered in respect of health, social development and home affairs. To inspect various health, social development and home affairs facilities, in order to determine the state of physical infrastructure and equipment. Identify progress made and challenges that are being experienced by all the stakeholders.

B. Overview by the MEC for Social Services, Gauteng Legislature

One of the biggest challenges facing the Department relates to t he need to move away from a welfare approach to a developmental approach. The Department is finding the developmental approach more challenging, and identified some additional challenges in this regard:

Unlike in the past, the new developmental approach to service delivery requires co-operation and partnerships between the various spheres of government, the non-government sector and the private sector. It remains a challenge to manage this process. With regard to the food security programme, there is a ne ed to work closer with other stakeholders such as the Department of Agriculture. Trial- awaiting children tend to stay much longer in secure care centres than what was originally intended. This becomes a problem as these centres were never constructed of hosting children in the long-term, and therefore does not adequately cater for such children. While child-headed families has become a reality, and this is largely due to the impact of HIV and AIDS, and it has become a major challenge to the Department. Such children face the trauma of once having lost their families, faced with the added burden of heading households.

C. Presentation by the Head of Department of Social Service, Gauteng Legislature

The Department’s strategic priorities are in line with its vision 2014 objectives of the Gauteng Province. The strategic objectives relate to the following priority areas:

Children and Families Women Older persons and people with disabilities Youth Social Grants Transformation of the social sector Poverty and HIV and AIDS

Social Security

The removal of almost 30 000 temporary disability grants in 2004/05 has resulted in a saving of R153 million for the Department. The prosecution of 706 dishonest members of the public regarding the disability grant resulted in a saving of R6,3 million per annum. There is a campaign to improve the pay points, and a total of 10 pay points were upgraded since the current financial year 2004/05. The waiting period for grants is no longer than 3 months after application.

HIV and AIDS

The Department provides nutritional support to HIV and AIDS affected and infected children and families. The Department links HIV and AIDS affected children with governmental services, e.g. grants and identity documents (ID’s). A total of 70 community-based care sites are funded to provide care for HIV and AIDS affected and infected people. A total of 10 drop-in centres are funded during 2004/05. The Department funded 6 organisations to fast-track foster care placements.

Food security

The programme provides for, child-headed households, children living with terminally ill-parents, patients on ARV and TB treatment, persons awaiting grants and street children (homeless), but located in shelters. The total budget for 2004/05 was R27 million, of which R14,4 million was utilised to date. A total of 28 159 households were reached, of which included 112 636 children. A total of 84 476 food parcels were distributed. There were some delays in the distribution of food parcels, due to the awaiting of the national processes.

Children and Youth

The Bana Pele programme for children was launched in November 2004, which means ‘Open Window’. The programme provides a package of services to children such as education, health and social services.

D. Presentation by the MEC for Health and Head of the Department, Gauteng Legislature

The Department developed 6 strategic priorities, from 2004 until 2009: Promote health, prevent and manage illnesses or conditions with the emphasis on poverty, lifestyle, trauma and psychosocial factors. Effective implementation of the comprehensive HIV and AIDS strategy. Strengthen the district health system and provide caring, responsive and quality health services at all levels. Implement the people’s contract through effective leadership and governance. Become a leader in human resource development and management for health. Operate smarter and invest in health technology, communication and management information systems.

HIV and AIDS

A package of services is rendered, and VCT and PMTCT are considered key interventions. PMTCT is offered at all public hospitals and large community health centres.

Home-based care (HBC)

HBC is provided in every health sub-district, through NGOs, CBOs and volunteers. The volunteers receive a 69-day training programme and can they support Tuberculosis (TB), HIV and AIDS, maternal health and care for the aged. By the end of 2004/05, a total of 1000 volunteers will have received training.

Governance of Hospitals and quality of care

The Department implemented a Patient’s Right Charter and Quality Assurance Programme. Facility managers sign a performance agreement, but the system still need to be improved.

Primary Health Care (PHC)

The Department is committed to PHC, and some facilities are open on a 24- hour basis. Chronic medication is available in clinics. The impact of migration from other provinces is worst felt on PHC level, and the situation is compounded by the shortage of staff.

Natalspruit Hospital

The relocation of Natalspruit hospital is in the pipeline, since it is currently situated on a dolomite site. In order to address the labour relations problems at the Hospital, management has been seconded from other hospitals to Natalspruit. A dedicated labour relations officer has been appointed. Equipment has been acquired and delivered. The position for a Quality Assurance Manager has been advertised. The filling of critical posts has become a priority, such as professionals, doctors and nurses. The implementation of the provincial Employment Assistance Programme (EAP) has commenced. The Department is seeking to rebuild and strengthen its relationships with unions and the community. There is a process of continuous monitoring and evaluation in place. In January 2005, an independent audit was conducted to evaluate the strategy put in place by the Department.

Pretoria Academic Hospital

The construction of the building is completed and the Department is awaiting the equipment. The hospital will be operational during the course of 2005 and the placement of staff will also be done during this time.

E. Visit to Natalspruit Hospital

Dr Pekane, CEO of Natalspruit Hospital, made a presentation to the Committee.

Natalspruit is a large regional hospital, situated in Kathlehong. The hospital falls under Ekurhuleni/ Sedibeng health region, and serves a population of 1,3 million. A variety of general, specialist and allied medical services are provided.

Since 1 April 2004 until 31 January 2005, following number of patients were treated: Post Exposure Prophylaxis (PEP): 541 patients Prevention of mother-to-child programme (PMTCP): 3604 patients. Anti-Retroviral Therapy (ARV), since 1st July 2004: 5900 patients. Voluntary counselling and testing (VCT): 1340 patients Choice of Termination of Pregnancy (TOP: 1019 patients Only staff members who volunteer to perform TOP are providing this service, and they have to apply in writing to indicate their willingness to undergo training. There are a total of 1609 approved posts on the staff establishment, of which 1334 were filled. This suggests a vacancy rate of 17%. The hospital experiences a high staff turnover, but exit interviews are conducted with staff on their resignation.

Challenges

The hospital is situated in a township and struggles to compete with other hospitals in attracting and retaining professional and skilled personnel. Despite being situated in a disadvantaged community, the hospital does not qualify for rural allowance, in order to attain and attract staff to the hospital. Globalisation has an impact on human resources, as staff prefer to leave the hospital in order to practice abroad due to higher incentives/salaries offered in other countries, as well as to get internationally exposure. Nursing staff resigns in order to access their pension funds, and then re- applies in the short term. De-motivated staff, who have the relevant experience, but lack the formal qualification for a specific area, resign as their experience is not recognised without the formal qualification. The community service doctors do not remain with the hospital on completion of their terms, but leave to open their own practices. The hospital does not have a booking system and patients come to the hospital as and when, resulting in long queues.

Issues raised and recommendations

In visiting the casualty ward, the Committee observed the overcrowding. The Committee recognises that attraction and retention of staff is major challenge, and therefore, recommends that a Human Resources Strategy be developed to address some of the unique challenges faced by the Natalspruit hospital.

F. Visit to Katha Daycare Centre

The Centre started in 1999, and is one of the projects funded by the Department of Social Development. In 2002/03 and 2003/04, the Centre received funding to the value of R280 000,. However, as yet, no funding has been received from the Department for 2004/05. The Centre provides services to children affected and infected by HIV and AIDS, which include:

a crèche; after care for children attending school; a drop-in centre providing food and clothing; Home-Based Care (HBC); and Traditional health services to treat HIV and AIDS affected children.

Currently a total of 130 children are registered at the Centre, which provide a free service to the children. Most of the children suffering from AIDS-related illnesses are affected by skin problems and stomach ailments. Children are treated with traditional medication (traditional practitioners) at the centre, or are alternatively referred to the local health centre.

Challenges

Funding received from government is inadequate, considering the type of services offered at the Centre. The building hosting Katha Daycare centre in Kathlehong Township is privately owned. The building needs considerable renovation and adequate equipment in order to provide services. The Departments of Health, Agriculture and Education are not involved with the project, but the Department of Health provides Home Based Care (HBC).

Issues raised and recommendations

The Department of Education should be approached to provide funding for Early Childhood Development (ECD) services offered at the centre, such as Grade R. The Department of Health should be approached to provide funding for HBC services, as well as services to children suffering from HIV and AIDS- related illnesses. The Department of Agriculture should be approached to assist with e.g. the development of a vegetable garden. Since the Department of Social Development funds the Katha Daycare centre, officials should assist the Centre management in obtaining private funding.

G. Visit to Regional Department of Home Affairs Office, Mabopane

The office is situated in the Tswane Metropolitan municipality, situated in a cross-border area, providing services to people in both Gauteng Province and North West Province. The Office receives an average of 70 identity document applications on a daily basis. Applicants do not collect many of these. (The Committee observes that IDs are kept in a filing cabinet).

Human Resources The current staff establishment is19, which includes two immigration officers. However, according to a work-study report, the proposed staff establishment makes provision for 49 people. The office faces a critical need to increase the number of immigration officers in order to control illegal immigration from Mozambique. The lack of human resources is compounded by the fact that the Department took a policy decision to end the services of volunteers.

(The Committee observed that the cleaners and gardeners are assisting with the administrative duties due to the lack of sufficient personnel.)

Building and Physical infrastructure

The office is not situated on the ground floor and, therefore, is not easily accessible to disabled visitors.

Information Technology (IT)

The number of computers is inadequate with the result that two staff members are sharing a computer. Data lines have been installed in the Office, and the hope is expressed that the IT system will be upgraded. The control of the IT system is open to fraud, as “user identities” (passwords) are often used by unauthorised users.

Fraud and corruption

Members of the public commit fraud in order to access child grants. In many instances, religious leaders sell baptism certificates to potential fraudsters, to assist them in obtaining official documents. It is reported that some school principals provide official stamped school letters in order to assist potential fraudsters.

Challenges

The number of immigration officials are inadequate. In addition, they lack the necessary resources such as adequate vehicles to transport illegal immigrants and cellular phones in order to stay in contact with the office or each other on official urgent issues. A directive issued by the Director-General terminated the services of all volunteers in the Department. Consequently, the office is facing a serious shortage of staff. The Mabopane Office serves a cross-boundary area. The two Light Delivery Vehicles (LDVs) assigned to the Office are not equipped for transporting the number of illegal immigrants to Lindela Detention Centre. There is a shortage of resources, noticeable computers, and the building desperately needs a serious renovation. Due to the insufficient staff establishment, the Office faces a serious challenge in having to verify ID applications or alternative documentation, such as baptism certificates or school letters. The Office has to provide services to people travelling up to 248 km, since offices closer to them do not have terminals to provide death certificates immediately.

Issues and recommendations

The Home Affairs head office should ensure that the security of the IT system becomes a priority, in the interest of fraud prevention. The Committee observed the critical need for human resources in the office and recommends that these issues become a priority. There is a need to urgently review the staff establishment of the Mabopane Office. In addition, it has become critical for the Department of Home Affairs to recruit and appoint the relevant staff, especially entry level appointments. Considering the problem with illegal migration from neighbouring countries, there is a need to appoint additional immigration officers in the office. These officers should also be equipped with the necessary resources in order to perform their function effectively and efficiently. The Committee will follow-up with the Department regarding the lack of terminals that provides for the immediate printing of death certificates at some offices.

H. Visit to Department of Home Affairs Offices, Ga-Rankuwa

Information Technology

The Office has a total of four computer terminals, which is shared amongst eight staff members. This is clearly inadequate. A total of 21 staff is currently on the establishment, and there are 3 vacancies in the immigration section.

Building and infrastructure

The building in which the Regional Offices is accommodated is shared with two others departments and staff are not sure where the Home Affairs borders in the building stops for purposes of renovation. The doors of offices cannot lock. The building has no security, despite various requests for this service to the Head Office. Provision is only made for staff toilets and none for members of the public visiting the office. The building has an electricity problem, a leaking roof and the floor tiling needs to be renovated.

Transport

Vehicles to transport the number of illegal immigrants apprehended are inadequate to cater for the numbers. When all three vehicles allocated to the Office is out, staff make use of private vehicles or public taxis to transport money for the daily banking.

Fraud and corruption

Fraud with regard to official documents for non-citizens has significantly declined since mid-2003. In many instances, religious leaders sell baptism certificates to potential fraudsters, to assist them in obtaining official documents. There are a number of outstanding ID’s that have not been collected, but the intention is to deliver these with the assistance of the post office. It is difficult to arrest suspected fraudsters due to lack of immigration officials, and in one instance the Office had to release a suspect in this regard, due to this shortage.

Challenges

The lack of vehicles seriously hampers service delivery in the area and results in risks when revenue collected by the office is transported. The building requires urgent renovations. Provisioning is centralised and permission is granted from the Head Office for ordinary maintenance tasks such as fixing doors and toilets.

Issues raised and recommendations

There is a need to ensure that the office has the relevant resources, especially vehicles, to ensure optimal service delivery. The building requires urgent renovations. The lack of security poses a serious risk, and the Head Office should make this a priority. The Head Office should investigate how procurement can be more decentralised to assist effective and efficient service delivery.

I. Meeting with Head of Department for Home Affairs, Head Office in Pretoria

The Committee received a presentation by Mr Barry Gilder, Head of Department: Home Affairs.

Departmental Turn-Around Strategy

The Department’s Turn-around Strategy was formulated in September 2003, and is based on the key intervention areas of people, infrastructure and technology. A process of review has been implemented for the Turn-around strategy in order to track progress and facilitate achievement of the key objectives and output.

Strategic Plan

The Department’s strategic plan for 2004/5 - 2006/07 identifies ten critical intervention areas: Immigration Civic services Service delivery Leadership and management People Infrastructure Finance and procurement Information systems Corruption Government Printing Works (GPW)

Annual report 2003/04

Significant progress has been made in some areas whilst others have been slower to get off the ground, but are catching up. Resource constraints hampered the effective operation of the Department in the past and it will be essential for the Department to fund and fill the critical posts, in order to improve service delivery, and then sustain the new levels of service. The appointment of employees, and especially top management who can lead the change for units in the Department, has been a turning point.

Home Affairs National Identification System (HANIS)

The main components/projects within HANIS are:

Identification infrastructure – all equipment has been delivered and installed within the Department and the contract is in the maintenance phase, which draws to conclusion in March 2006. Back Record Conversion (BRC) – conversion of records to commence in March 2005, and the date of completion will be September 2006. Population Register (PR) – system to be implemented by end of 2006. Immigration Control System – VISA and Border control system is to be completed by end of 2005; full immigration Control System to be procured and awarded within 2005; rollout of the complete system to commence in 2006 and to be completed by late 2007. The refugee system, together with the Refugee ID Card System, should be functional by April 2005. Business users trained EPassport – the rollout of new ePassports will commence in 2006, and the process will continue until 2011. Smart ID Card – the rollout of smard card is a five-year project spanning 2007 to 2012.

Immigration Regulations

The Immigrations Regulations drafting team has completed: Draft Immigration Regulations Regulations on fees in terms of section 7 of the Immigration Amendment Act (no. 19 of 2004). The draft regulations were published for public comment on 31 January 2005.

Challenges

A survey conducted in the Department indicates that only 40% of the staff ever heard about the Turn-around Strategy. The thrust of the operational planning for 2005/06 is to communicate the Turn-around Strategy to staff.

Issues raised and recommendations

The Committee expressed its concern about the rollovers in the Department, and questions the capacity of the Department to spend its financial resources. The Committee recommends that the Department computerise the filing system in regional offices. The Committee expressed the intention that issues such as the centralisation of procurement and the lack of acknowledgement to complaints received from the regional offices should be addressed and incorporated in the Turn-around Strategy.

J. Visit To Sedibeng District Municipality

The District is faced with many challenges, but has also experienced a number of successes. One of the main challenges facing the District is that of poverty and unemployment. As a result of the high unemployment rate, communities are experiencing high levels of poverty and are, therefore, unable to pay for rates and services. This situation resulted in the financial situation faced by the local municipality. The District concluded its Economic Development Strategy in 2004, but still has along way to go. The Economic Turn-around Strategy focuses on tourism and agriculture, which addresses issues of food security, as well as production for markets. It is argued that agriculture has always been the backbone of the Gauteng economy, despite declining in the contribution made to the GDP. It is, however, anticipated that agriculture can still make a significant contribution to the provincial economy. The District has an indigent policy, but it needs to be revised to address some of its weaknesses.

Overview of Social Services in the District:

Social Security

A total of 100 346 beneficiaries are in receipt of grants in the District, of which 65 239 are residing in the Emfuleni local municipal area. A total of 17 pay points are making cash payments to 86 765 beneficiaries.

Social Work

A total of 2934 children are in foster care. A total of 243 households are headed by children, of which 209 are beneficiaries of the Food Security programme. A total of 17 youth are awaiting-trail at Leeuhof Prison.

Social Development

The following NGOs are funded:

Prevention and Protection of Children and Families: 16 Offender care and substance abuse: 8 Prevention and the protection of the disabled: 3 Prevention and Protection (CHBC): 8 Early Childhood Development (ECD): 20 Shelters for children working and living on the street: 2 Shelter for abused women: 1 Children’s Homes: 4 Homes for the Elderly: 4 Community-based luncheon clubs: 14 Home for the disabled: 1 Protective workshops: 3 Development Centres: 2

Overview of Health in the District

Primary Health Care (PHC)

The District signed a Memorandum of Understanding (MOU) with the province to deliver PHC, however, this process has been delayed. The Sedibeng District Municipality has budgeted for the PHC function until June 2005, but there is uncertainty what is the process going to be after this date.

Access to medication

With regard to access to pharmaceutical products, members of the community go straight to hospitals to access drugs, instead of their local clinics. There is an existence of a shortage of drugs in the region. A variety of reasons are given for the drug shortage, varying from Supply Chain Management (SCM) to issues relating to management capacity.

Public participation

With regard to public participation, Ward Health Committees are established in all three local municipalities:

Emfuleni - of the intended 43 Ward Committees, a total of 17 has been established, and training provided to 10 of the Committees. Midvaal - of the intended 9 Ward Committees, a total of 3 has been established, and none of them received any training. Lesedi - of the intended 11 Ward Committees, a total of 8 has been established, and training provided all 8 of them Committees.

Monitoring and evaluation of Ward Committees is done at local area for further development of Committees, and training will be ongoing until all the wards are established.

Challenges

Establishing Ward Health sub-committees in predominantly white urban areas, as well as rural areas remains challenge. Securing funding for the operational activities and training of Ward Health sub-committees, similar to that for Hospital Boards. Sustainability of Ward Health sub-committees. Monitoring and evaluation of NGOs to ensure compliance with legislation and policies.

K. Visit To Sebokeng Hospital

The Management team of the hospital is relatively new and a number of heads of departments were appointed during the previous year. The hospital has a 27% overall vacancy rate The hospital is experiencing a shortage of professional nurses, since those who complete their training do not apply to work at Sebokeng, but prefer working in the private sector or abroad. Despite stringent advertising, the hospital could only manage a total of two posts out of the 15 advertised. Sebokeng will go through a vitalisation process and the Folateng-section is almost ready for occupation. This process is driven by the Department of Public Works. The hospital regained accreditation for an internship programme, and as from 2005 will have medical interns. The Hospital Board is fully functional. The hospital provides pharmaceutical products to surrounding clinics. The aim is to strengthen local clinics with poor infrastructure by deploying doctors from hospitals. The hospital is going through an accreditation programme and is currently on level 3 of the rating scale. In order to improve its rating, the hospital will have to address some issues, but this will be re-evaluated in April 2005. It is anticipated that the hospital will not overspend on its budget for 2004/05, due to cost containment measures implemented when an over expenditure was projected. Some of the machines in the hospital is not in a working condition, however, the hospital has already exhausted its budget for equipment and has to rely on other hospitals for this purpose.

Challenges

The referral system is not working, and the hospital is unable to turn patients away. The hospital has a shortage of professional nurses, and has not been very successful in efforts to attract new staff.

Issues raised and recommendations

The Committee will be returning in approximately three months to assess the progress made with regard to the accreditation process. The Committee observes that the Casualty department is not patient friendly.

L. Visit To The Empilisweni Clinic

The clinic provides comprehensive health care services, and operates from Monday to Friday from 07h00 – 16h00. It is also a National Adolescence Clinic Initiative, which provides youth- friendly services, and is also a clinic that other smaller clinics refer for further management. The clinic provides the following services:

Voluntary Counselling and Testing (VCT) - Clients are counselled and tested and those with opportunistic infections are referred to the PHC sister within the facility. Those with Tuberculosis (TB) are treated and referred to Anti-retroviral therapy (ART) for further management within the facility. Prevention of Mother-to-Child Transmission Programme (PMTCT) – the programme started in November 2002, and provides Nevirapine to HIV+ pregnant women. Since the provision of ART to pregnant women, they are more willing to be tested and the statistics are increasing on a monthly basis. ART – the clinic is amongst 23 sites identified for ART rollout. The programme was intended to start in January 2005, but due to community demand and good support from the management, rollout started in October 2004.

Challenges

Termination of support grant, although patients are on ARV and unemployed. Shortage of human resources, especially registered nurses and pharmacists. Limited space, especially in the waiting area. Newly employed staff, with significant experience, starts at entry level salaries.

M. Visit To Kopanong Community Centre

The centre was developed for the upliftment of the community, and provides the following services:

Children’s Residence Centre – provide care for children infected and affected by HIV and AIDS. There are currently 38 children in residence. Children are placed in the centre by the Department of Social Services through a statutory process. The intention is to re-unite children with their immediate or extended families or placement with foster parents. Home-based care for persons affected and infected by HIV and AIDS. A Hospice – with a total of 18 beds for the terminally ill. Terminally ill patients suffering from HIV and AIDS and cancer are referred by local clinics. Poverty alleviation projects Skills development and job creation – 60 people from the local community were provided with building skills. A community function room – to host functions. A youth development programme – one member of the youth is doing an internship with the centre.

The centre is the result of strong partnerships between the public and private sector:

The physical infrastructure was donated by the South African Manganese Corporation (SAMANCOR) for use on long-term basis, rent-free. In addition, SAMANCOR is responsible for the water, electricity, maintenance of the buildings, garden services and security of the centre. Fedics Food Services is paying the salary of the centre manager. A medical doctor is providing services free-of-charge to the Hospice. The Department of Social Services provides a subsidy for each child in the Children’s Residence Centre. The Department of Health funds the community health workers and the Home- Based Care programme.

Challenges

The centre needs to establish a partnership with the Department of Education in order to fund Early Childhood Development (ECD). The centre has not been officially launched, and the Board Members are requesting that the Committee assists in getting the Minister of Social Development to visit the centre and officially launch it.

Issues raised and Recommendations

The board members should approach the Department of Education to fund the ECD activities. The Committee will approach the Minister of Social Development to formally launch the centre. The management board should be more gender representative.

N. Way Forward

The Committee will undertake follow-up visits to the province, in order to provide oversight and monitor progress made with regard to some of the challenges raised by stakeholders during the oversight visit. The Committee will take up some of the issues raised with the relevant Departments, and will continue provide oversight on departmental strategic plans to ensure that the relevant issues are taken up in strategic and operational plans.

Report to be considered.

1. Report of the Select Committee on Social Services on Oversight Visit to the North-West Province, dated 7 June 2005:

The Select Committee on Social Services, having undertaken an oversight visit to the North-West from 14 February 2005 to 16 February 2005 reports as follows:

Background

The purpose of the study tour by the Select Committee on Social Services to the North-West Province is for the Committee to exercise its oversight function as delegated to it by the National Council of Provinces. The primary objectives of the provincial visits included:

To conduct oversight over the management and quality of services rendered in respect to health, social development and home affairs. To inspect various health, social development and home affairs facilities, in order to determine the state of physical infrastructure and equipment. Identify progress made and challenges that are being experienced by all the stakeholders.

Bojanala District Municipality, Department of Health

The presenter stated that the strategic goals of the region are in line with the Health Care Act and the Ten – Point Plan of the National Department of Health. She stated that the presentation will focus mainly on the MEC’s budget speech and this is to give information regarding the District during the MEC’s Roving Exco.

Primary Health Care Special Programmes and TB cure rate:

With regard to the TB cure rate the norm is 85% and the district average is 56%. The number of VCT sites established in the district increased at some hospitals e.g. in the 3rd quarter 2003/4 Moses Kotane had 20 sites established and in the 3rd quarter 2004/5 it doubled to 40, but in Odi in the 3rd quarter 2003/4 it decreased from 14 to 10 in the 3rd quarter 2004/05. Rustenburg is the worst hit by TB, the reason being that in the area there are many mines and at these mines there many immigrants, with the result that they don’t go the full cycle. The district does have a strategy in place to deal with the situation but it remains a challenge.

VCT and PMTCT sites:

The district are experiencing problems, because there is a stigma attached to HIV and AIDS, but the Department promotes that people should come forward.

HIV/Aids ARV Rollout:

With regard to roll out of ARV, Rustenburg Hospital is providing this service in the region. Brits has identified a “Pre-fab” building for this use. Jubilee has renovated an area for the service and the staff is available Odi and George Stegman Hospitals will be visited to identify sites for the progamme. Hospice in Phokeng is providing the service. Staff need to be trained in the assessment of patients for compliance.

Care to disabled:

50 disabled people received wheelchairs 10 people received white walking sticks 40 hearing aids were distributed to the needy. The district is trying to make buildings user friendly for disabled

Hospitals:

Batho Pele monitoring waiting time in Odi and George Stegman Hospitals is within the norm and Jubilee Hospital improved. The Brits and Koster Hospitals need to improve. The question of patient satisfaction survey George Stegman and Jubilee are doing well on this indicator. It was stated that surveys should be done 6th monthly.

Mental health:

6 mental health coordinators were trained on the implementation of the new Mental Health Act

Budget:

The bulk of the budget was spent on personnel.

Termination of Pregnancy (TOP): The presenter stated that most of the district hospitals perform TOP. She further added that nurses could refuse to do TOP, due to religious reasons. The district does have a Waste Management service in place to properly dispose of TOP. There are containers for TOP and these are not disposed with other products.

Comments from Department of Health:

All except Koster perform TOP.

The question on the motivation of staff e.g. incentives (rural allowances, scarce skills allowances) will encourage staff. Rustenburg Provincial Hospital is not seen as rural, i.o.w they do not qualify for rural allowances, they are presumed to be urban. Nurses do get night duty allowance and scarce skills allowance, however salaries in the public sector cannot compare with that of the private sector.

The delivery of pharmaceuticals to clinics is outsourced.

The Strategic goals of the district are linked to the Ten-Point Plan of the Department of Health and the goals have been put according to the legislative framework.

The district is not reaching its targets, the reason being that most clinics do not have the Primary Health Care (PHC) Package. There still is a shortage of staff and equipment. The staff establishment is determined nationally; there is little the district can do about it. The establishment has to be revised.

Personnel are the biggest expenditure and what is left, is divided to other items.

The VCT increase at Madibeng was due to the fact that they got 2 clinics from Odi District.

Challenges:

Emergency Medical Services (EMS)- there is not enough stations to reduce the waiting time. This is related to shortage of staff and vehicles Budget shifts- as displayed, the allocations as requested on the MTEF and the adjustment budget did not address the problem Professional Nurses shortage- the community expects all clinics to provide 24 hours service including the 2 roomed structures. 1 professional nurse mans clinics that provide 5-day only service. Unplanned sick leaves interrupt service delivery. High staff turnover may be related to poor conditions of service. Odi cross border remains a thorny issue.

Recommendations:

Vehicles- 60% of the vehicles have seen their better days. New pool of vehicles needed EMS- Health centers will need to have one ambulance to address P2 and P3 cases Budget- Finance Directorate to allocate funds according to regional MTEF request Staff shortage- staff establishment need to be revised because this was last done in 1996.

Department of Social Development

The budget for Social Development in the region is overspent. Social Development are busy trying to improve pay points. Officials at pay points received cell phones and a laptop, budgeted for by the Department for easy communication in case of enquiries. The pay points will be a challenge because some of them require tents, chairs and other facilities. The department did allocate money for renovations in 2002. The Department did award a tender, to a Mr T, where he has to supply tents and chairs at various different pay points.

The Pensioner Committees at the various pay points also assists very well with order at these points. A challenge of the department will be the Foster Care Grant where there is a shortage of staff (Social Workers), which results in a delay in administration. Another challenge for the region will be HIV and AIDS, where many children are orphaned (i.e. parents dying).

With regard to the Trial Awaiting Children there are 9 Probation Officers. There is one secure center in Bojanala, which has place for 45 boys. For the next financial year the region submitted approval to build 2 more Secure Centers. The current situation is that these children are taken to police cells and the police ensure that they are separated. The police and the department ensure that the rights of the children are protected.

With regard to Food Security the region has lots of challenges. The food parcels are to assist those who receive less than R200 a month, or who has no income or hit by HIV and AIDS. The challenge is that there are not sufficient food parcels to service everybody.

Comments from Department:

At various pay points, Service Managers have been appointed to assist in service delivery. Officials have been found to be corrupt and these cases are ongoing. With regard to Child Headed families, children under the age of 14 years do not qualify, but they may qualify for the Foster Care Grant. Recommendation is made that the department link with other stakeholders e.g. Education and Health. The Municipality is busy with a list of poor families within its region.

There are delays in the Child Support grant and this occurs where there are no certificates and a recommendation is made that there will have to be a link with the Department of Education and other departments. The department of Agriculture is assisting with regard to food parcels.

If child labour is reported in the region it will be addressed as soon as possible.

The Regional Department of Social Development is linking with other departments e.g. Education and Health. The Department of Agriculture are assisting with poultry farming and bricklaying. The department is not working in isolation but the activities have to be synchronized with other state departments.

There are volunteers at the different pay points.

Beneficiaries are reviewed once a year.

With regard to beneficiaries not receiving money due to administrative problems, the beneficiary will receive his/her payment from the day the application was received.

Challenges:

The budget for Social Development in the region is in the red. Shortage of staff, especially social workers. Queuing of beneficiaries at pay points. At some pay points there are no chairs or facilities. The foster care grants are a challenge because of the lack of staff (social workers) and the delays in administration. Because of HIV and AIDS many children are orphaned. The number of probation officers, relating to trial awaiting children. The building of Secure Centers to house these children, because currently the children are taken to police cells. With regard to food security, the food parcels are not sufficient to service every beneficiary.

Recommendations:

The Department of Social Services in the district have to involve various other stakeholders e.g. private sector The department has to link with other departments e.g. Education, Health, and Agriculture etc. At different pay points there are hawkers selling products and a recommendation is made that these hawkers sell their products outside a certain radius made by the department (e.g. behind a fence)

Visit Classic House Clinic- Rustenburg

Classic House Clinic is situated in the CBD (Central Business District) of Rustenburg. It started 7 years ago and the building that is utilized is rented on a monthly basis. Previously it was a family clinic, but now it is a full-fledged Primary Health Care (PHC) Center. Constraints of the center are: the small holding area, they do not have a delivery room (these people are referred to the hospital), transport problems (to look for defaulters) and resignations.

The clinic has 8 professional nurses, 1 health promoter and 4 cleaners. The clinic sees about 55 people a day.

Doctors refer patients to Classic House Clinic, with the result that many people are coming in and leaving (this with regard to migrants).

People coming to the clinic are from different areas, because the clinic is in town. The Center is not open 24 hours. There are no volunteers only health workers and the center is not as well organized and formed as clinics in other areas, but Life Line assists very well. There are cases where patients abuse the system. Not every clinic has a computer and most or all of the work has to be captured manually.

Challenges:

The size of the building is a major constraint for the number of services that the clinic is rendering. The clinic does not have a delivery room and they have to refer patients to the hospital Migration of patients, especially Tuberculosis (TB) When the clinic inform patients that they are “sick” e.g. HIV and AIDS, they do not believe the nurses and from there go to another clinic hoping that the other clinic will tell them differently. Resignations of staff members Because the clinic is centralized and the fact that doctors refer patients to the clinic the number of people coming to the clinic are increasing. There are no volunteers to assist with the workload at the clinic, the reason being that the clinic are not as well formed and organized as other clinics in other areas. Many of the people making use of the clinic are not from the area. Data is still being captured manually.

Recommendations:

A study will have to be commissioned why patients move around. Nurses have to explain to patients why it is important to complete the full cycle of their treatment. The clinic has to look at various mechanisms to retain staff at the clinic. To link with other clinics in order to be better organized.

Rustenburg Provincial Hospital

Services rendered at Rustenburg Provincial Hospital are:

Tuberculosis (TB) Anti-Retroviral Treatment (ARV) Voluntary Counselling and Treatment (VCT) Nutrition Prevention of Mother-To-Child Treatment (PMTCT) Termination of Pregnancy (TOP)

The following observations were made:

At Rustenburg Provincial Hospital they make use of volunteers. There are 5 lay councilors who were trained by Lifeline. There is a need in Rustenburg for another Level 1 Hospital. There is a shortage of beds because of the number of patients. Rustenburg receives 120 patients a day and 80 patients per night.

Moses Kotane Local Municipality

Social Services in the region Social Development Service Delivery - Social Assistance/Security

This programme deals with administration of social grants, applications and payments. CPS (Cash Paymaster Service), Banks and the Post Office are companies that have been granted tenders to assist in the process of social grant payments and service level agreements have been signed with them.

Types of grants includes: Old Age, War Veteran, Disability, Care Dependency, Foster Care grant, Child support, Grant in Aid. Types of disability grant include: Temporary disability, Permanent disability.

Projects:

An outreach programme has been established which refers to applications by community members at their respective places/areas, where the official travels to the areas for processing of applications

Pay point development: The Department of Social Development is in partnership with district and Local Municipalities. Officials at pay points have cell phones and laptops, budgeted for by the Department for easy communication in case of enquiries. More than 10000 chairs have been distributed to different areas as per identified needs. The Department contracted a Service Provider, Mr T, where this service provider is to supply tents to areas where there are no structures. The Department undertook an investigation to different pay points to ascertain which pay points needed the resources.

Development and Support/Community Development Projects supported here are meant for Poverty Alleviation

National Food Emergency Scheme More than 3000 households received food parcels (3 times) during the financial year of 2003/04. The number for 2004/05 has decreased to 1000. Those qualifying for Social grants are referred to social security for applications and others to social work programmes.

Proposed projects for funding Child and Family Care: This project was initiated by the area social workers in 2003. The project started as a result of high incidents of child abuse. Other forms of crimes as described by SAPS are, broken/disorganized families, also aggravated incidents. Achievements of the project: 18 Volunteers trained on the model, secured project site from tribal office, supervising social worker activities, the project serves as referral source for social workers. Crime Prevention, Rehabilitation: The Center is in operation and offers services to victims of crime/domestic violence. Offers overnight accommodation, counseling and tries to reinstate clients into their families. A nurse from the Department of Health has been seconded to the Center. Volunteers are trained on counselling. Special needs programmes- Day care center for older persons. Older persons in their respective villages started service clubs as a way to keep them busy and these service clubs do offer home based care services. People with disabilities- there is a need for workshop /shelter for such groups. Support group- program for disabled children whereby mothers of such children are grouped together to give each other support on how to cope with their children.

The question was asked whether Magistrates could assist each other in the Bojanala District.

Further comments from the Department:

Food Security: With regard to the numbers it was indicated by the provincial office and the local office do not have any insight or way to influence the process. The reason for the decrease was because of finances. People on Food Security should be linked to other projects, e.g. Department of Health, Department of Agriculture, because parcels are only given for 3 months.

Poverty Alleviation Project: There are currently more than 20 projects. The Department is monitoring the projects, but due to a lack of project managers and financial managers some of these projects collapsed in the past. The result of this is that currently project managers are receiving training.

Disability Grant: The applicant is informed about his/her renewal 3 months before the date of his/her benefits expires. This letter indicates when the beneficiary should apply for renewal. The panel refers cases to the Department of Home Affairs where documents are lacking.

Trial -awaiting children: The only secure care facility is in Brits and the facility is overcrowded. The district does not have such a facility.

Child Headed families: If the eldest is older than 16 and he /she has an identity document then he/she will be responsible for the family.

Foster Care: There is a lack of social workers and no Commissioner of Child Welfare. Rustenburg is the only place that has a Commissioner of Child Welfare.

Child labour: There are no known incidents of child labour in the district.

Indigent policy: The Department is working with the Municipality and the municipality refers cases to the Department

Old Age Home: There is no old age home. Refer elderly to other areas where there are facilities. The elderly do not favour old age homes.

Challenges:

Problems that have been encountered is that there is no office accommodation or building structures at some villages e.g. have to sit under trees, or in school principal’s office. The main problem is that these programmes are not sustainable. With regard to one project, Success Community Project, which received R250000 from the National Department of Social Development (DSD) (2002/03), where they make cleaning aids, clothes etc. in the beginning there were 100 woman and today only 20 remain. The problems are that people working here do not receive a stipend and they do not have a market to sell their products. The Poultry Farming Project (received R240000 in 2002/03 from DSD) and they too do not have a market to sell their product and they have marketing problems. With regard to Crime Prevention, rehabilitation challenges include the poor involvement of other stakeholders, need for proper accommodation, no stipend for volunteers and the lack of funds. A secure facility for Trial – Awaiting Children, since there is none in the district. The Committee expressed concern that figures for food parcels are arbitrarily decided by the provincial office and that the local office had no input.

Recommendations:

The identified beneficiaries have to be linked with other resources for sustainability, e.g. Public Works Programmes, Department of Agriculture and become members of income generating projects in the community at large. Foster application- The Committee expressed concern about foster care placements and stated that it should receive priority. The region is experiencing backlogs due to: impact of HIV and AIDS, social workers leaving due to finances. There is no Commissioner of Child Welfare. There is no magistrate to deal with foster care placement to give court orders to process foster care applications. A recommendation has been made that a request be made to the Department of Justice to provide a magistrate to deal with this issue.

Department of Health - Moses Kotane Health Sub-District:

The sub-district is serving a population of 256,869 There are 51 clinics (fixed structures), 17 of these clinics provide 24 hour service Staffing compliment of 591 staff No. of villages: 109 Mobile points: 33 It is housed in a shopping complex and it is difficult to control staff. Assistance has been asked for but nothing happened.

Mogwase Health Centre:

Serving a population of 40000, and the informal settlement is 50000 people. It is a 24 hour service and provides the Core package: laboratory, oral health. There is 1 full time doctor, 1 mobile unit. It is well staffed because it is situated mainly urban area. Mogwase is the only health center performing TOP in this area. Security is outsourced and generally there is little problems regarding security. Mogwase is included in the Revitalization programme. The budget of the center is R44 million and they have overspent and the bulk of the budget went for personnel. With regard to the infrastructure of the center they had problems with the space. They cannot do the TB test so they have to refer to hospital. Use to have ambulance but it moved to EMS at George Stegman and this process is not very efficient. There is a small prefab Hospice and hopefully it will be extended.

Challenges:

Staff shortage for relief especially in clinics manned by 1 professional nurse. Insufficient budget for maintenance. Shortage of doctors to visit clinics. Long waiting time for ambulances (3 hrs) in the radius of 100 km. HIV and AIDS in the workplace. Losing staff due to the pandemic.

Recommendations:

Staff establishment needs to be revised. Medium Term Expenditure Framework to be adhered to when allocations are made. More doctors to be recruited for the rural areas. 1 ambulance to be allocated for each health center. Staff to be educated to disclose in order to receive treatment, care and support. Recommendation is made that to ensure that all health centers have back-up ambulances must take care of P2 and P3 cases.

Further Comments:

A number of nurses have been trained in Primary Health Care. They have been trained to train other nurses at clinics. P3 – chronic cases, P2 – maternity and clinic cases, P1 – accidents/road accidents/fires. Overspending: - the hospital overspent by 20 % and the district and the center assist each other. There is a budget for a new hospital in Moses Kotane. Shortage of drugs: - there is a central Medical Store. The supplier does not always supply enough medication. Two- roomed structure: - this is a health post, it can refer, can give advice and is manned by community health worker and this is to improve access. The mobile visits once a week. There is no money to train NGO’s .

Tour of Mogwase Health Centre:

Dispensary Order from hospital. Sometimes problems with medicines. 100 patients a day. The room is very small for a pharmacy. Do stocktaking twice a month.

Laboratory 2 computers in the room. 3 staff members working in the lab. Waiting time is between 2 – 3 hours. Major tests done in hospital.

Counseling room 2 professional nurses on duty for TOP (trained).

Dental 1 Dental Therapist working with 1 dental assistant since August 2004 (supposed to be 2) not open over weekend.

Administration Staff section Using 1 computer and one printer. 5 people have to share computer and printer.

Maternity There are 11 beds and 2 delivery beds. They see about 20 people per month. Do deliveries 24 hours. Do own laundry in washing machines, because there is no laundry service. No curtains to divide beds in post labour rooms.

PMCT More exclusive breastfeeding, baby friendly initiative

X-ray room Not operational Refer to George Stegman (15 km away)

Front desk Patients Right Charter displayed and condoms displayed as well. Service standards and statistics on service delivery displayed. Suggestion boxes available. HIV/Aids information and pamphlets available. Only center with fixed doctor and they have outreach programmes, but due to shortages it is difficult.

Success Community Project

Success Community Project received R350 000 in the 2002/3 financial year from the National Department of Social Development for their start-up. At Success they are currently busy with sewing and the manufacturing of chemicals. The sewing started in March 2004 and these include, school uniforms, tracksuits etc. The project was established to create employment for 100 people; currently there are less than 20 people. A major problem of the project is that there is no market for these products, both sewing and chemicals. The question was asked whether or not a feasibility study was made before investing in the project? Many institutions were approached to whom these products could be sold e.g. the mines, Sun City and the municipality. Success is registered as a Non-profit Organisation (NPO), but a recommendation was made that they change to a Close Corporation (CC) or a business. The products that are manufactured are SABS approved. The chemicals manufactured are not labelled, the reason being that it is too costly.

Institutions like Sun City and the SAPS promised to buy some of the products, but failed to do so. The Municipality are not buying any of the products either. Being an NPO has its disadvantages e.g. when you apply for work you need a SA Revenue Services registration number.

Challenges:

There is no market to sell these products. People work for 2 – 3 months without any of the products going out (sold). This is the reason why people leave the project in the hope of finding something where they can get an income.

Recommendations:

The Regional Department of Social Development must assist with the marketing of the products. Other provincial departments must assist in the process, e.g. Public Works, Education, Agriculture etc. Government invested money in the project and it has an obligation to assist in ensuring that the project is sustainable.

Saulspoort Pay Point

The Select Committee on Social Services visited the Saulspoort pay point. On the day of the visit the pensioners were receiving their benefits. At Saulspoort there are adequate shading (big tent) and chairs. The pay point is fenced (only the people (beneficiaries) are within the boundary) There is a presence of armed guards and they are visible. Hawkers are behind the fence, and they are at an adequate distance from the pay point. There are several water taps that are visible and in working condition and 4 mobile toilets. Umzansi was present at the day of the payment, and there were conflict between Umzanzi officials and officials of CPS. The conflict related to the fact that Umzanzi was within the boundary of the fence and conducting their business with the beneficiaries. A recommendation was made that Umzansi set up their operations outside of the fence.

George Stegman Hospital

Overview- Presentation done by CEO of Hospital:

Two Nursing Manager posts are to be filled before the end of the month and one Clinical Manager post to be advertised.

The physical infrastructure of the building creates problems because the structure is already 60 years old. Lots of the services will be outsourced in the future e.g. laundry.

George Stegman is not yet accredited, but it will be once they move into their new building. The hospital wants to keep the houses on the current site for accommodation. The hospital did not have a maintenance plan, but a plan is now in place.

With regard to TOP the hospital are experiencing problems. The drug used for TOP was not available in the hospital, due to a communication problem with the distribution thereof to the hospital. The hospital has thus far referred patients to Rustenburg.

The hospital has recruited staff from Moreteletsi to fill the vacancies and these staff members are to start the 1st of March 2005. According to the CEO the finances are managed well.

The State Accountant is responsible for the finances of the hospital. The management of the hospital have regular meetings to review the expenditure and needs of the hospital.

Challenges:

Maintenance- the maintenance of the hospital, especially e.g. mortuary fridges often not working, stand-by generator. Revenue collection- the hospital are under-collecting revenue due to perception amongst locals that it is their hospital and that they do not need to pay and this is a strain on resources. Health professionals- there are 64 professional nurses on the establishment and all posts are filled, however the closure of Moreteletsi hospital increased the workload of George Stegman. 21 posts approved for medical officers, but only 14 filled of which 6 are community service doctors. The hospital is unable to retain doctors after they have completed their community service. Allied Health professionals- the hospital does not have permanent staff, only community service staff. Accommodation: the hospital are experiencing accommodation problems for staff members. Medication- there is a shortage of medication, due to a lack of funding.

Response from Management:

The budget for 2004/5 was R36 million, and other than personnel and drugs, the entire budget was depleted by October 2004.

Hospital Board- there used to be a Hospital Board, but it was dissolved by the MEC in July/ August 2004. A new submission has been made for a new Board and the MEC indicated that it would be approved.

The hospital established a Complaints Committee to see to complaints.

Moreteletsi closed down because the physical structure was collapsing, because of the soil quality and the water supply also dried up.

With regard to the staff establishment there is not considerable vacancies. In the management 2 posts are filled and 2 vacant, professional nurses are all filled, administrative staff 2 posts vacant.

The recruitment of doctors is a major problem. The accommodation for doctors who has families is a problem; there is no accommodation for them. The doctors also claim that the rural allowance is not sufficient.

Synchronizing the management structure of the two hospitals, resulted in one management structure

Visit of George Stegman Hospital:

There are not sufficient shelves in the mortuary. 6% of patients die in hospital of HIV and AIDS. The hospital got a quotation for fixing the road of the hospital. There is a maintenance budget at regional, but it is centralized. In the OPD there are 323 active beds. Visual Management of Batho Pele principles are present in the hospital. The hospital sees between 120 – 200 patients a day in the casualty ward. The procedure with regard to acute patients is not up to standard. The acute patients are suppose to stay for only 72 hours, but some of these patients stay for much longer and this is not conducive since there are only 5 beds. If the patient remains acute for longer than 72 hours they must be sent to the psychiatric hospitals. 84 interns will be getting training at the hospital. In the paediatric ward there is no air - conditioner, and sometimes it is overcrowded, where children have to share beds. The hospital does not have a paediatrician, but there is a general doctor stationed in the ward. In the laundry, conditions are poor. The machinery is old, and the ceilings and the floor are not in a poor state. There is little stock of pyjamas and linen.

Visit to Odi Hospital

The Committee had a meeting with the senior management and the Regional Director of Health of Odi Hospital on 16 February 2005.

Overview by the CEO of Odi Hospital

Odi Hospital does referrals to Ga-Rankuwa Hospital. At Odi there are 9 doctors, 161 professional nurses, 32 administrative staff and 89 support services staff. The staff establishment is 97%. After 4pm there are no OPD (Out Patients Department) and patients are referred to the casualty ward. There are 198 active beds at Odi Hospital.

Comments from Management

The hospital does have PHC, Maternity, Eye care; HIV and AIDS clinic and a psychology unit The Budget for 04/05 was less than what was allocated. The reason for this is that the hospital is spending money that they do not have.

With regard to complaints by patients there is a book at the registration where patients can write their complaints in. It is management’s job to communicate with complainants and they should report within 3 days after receiving complaints. There are also suggestion boxes in the hospital. The issue of the Hospital Board is that the Board disbanded in November 2004. Names of new nominees have been submitted. The role of the board will be to ensure that new government structures are in place. The response from Councillors has not been good in assisting with this process. The Board is there to support and advise the hospital and community and to make reports and follow-up.

In order for ARV to be rolled out, the hospital needs to be accredited and nurses will have to be trained with regard to the rollout of ARV.

Because of the number of fridges broken down in the mortuary, the hospital has a relationship with private Funeral Burial companies to relieve some of the load of the hospital. These undertakers are: Gift Neo Undertakers, Bambi’s funeral and Bennies funeral.

Visit of Odi Hospital:

Patient Registration There are directions at the Patient Registration to indicate to clients where they should go for which services, but there is no Charter of the Rights of Patients.

Dispensary The dispensary is under lock and key. This is where medicines are issued to patients. The pharmacist indicated that there is no shortage of the supply of medicines. Intensive stocktaking takes place twice a year. There are medicines available in casualty for after hour’s patients if the dispensary is closed (dispensary not 24 hours). SMME’s assists the hospital to distribute pharmaceuticals to clinics.

Casualty Ward In the casualty ward there is a consultation room, but there is not much privacy. During weekdays the casualty ward is not that busy. The casualty ward has 1 full time doctor and the hospital has 3 radiographers.

Mortuary At the mortuary there are 5 fridges with 3 shelves each (15 in total) but 9 out of 15 does not work. The hospital gets assistance from private mortuaries.

Pest Control The pest control is a major problem, the reason being that management questions the efficiency of the pest control that the company uses.

Challenges:

The budget of Odi is a challenge (never sufficient funds). Personnel and Standard Items are a major challenge. The budget of the hospital was R46 million, but it was adjusted to R38 million. The reason being that for that every year the hospital begins the financial year with a deficit. To cover its operational costs the hospital “needs” R46 million. Odi cannot retain staff Doctors are difficult to attract. Some of these doctors only come to gain the experience after which they leave. Maintenance at Odi is a major problem since the building is 11 years old. The hospital at this stage is only utilizing one boiler, the reason being that the other boiler has been broken for the past 2 years (too costly to repair) and they have a generator in the event that there is no electricity. With regard to the mortuary their fridges are broken and the cold room was revamped but has broken down after the 1st month of use. Security at the hospital is of major concern. The hospital can only afford 4 security staff and they have to secure the complex day and night. The hospital pays security out of the budget of the hospital. There are frequent burglaries and some areas of the complex are not protected. In the kitchen there are problems with fridges that have broken down. In the laundry the big machines break and need to be fixed but the hospital cannot afford to repair it. The linen in the hospital is not of a good quality. The air conditioner cannot carry the load. Because of the cross-boundary the hospital the have to carry costs. Revenue: people believe they do not have to pay for services rendered. The HIV and AIDS clinic is for preventative and promotitive purposes and there is no ARV rollout because it is not yet accredited.

Visit Dolly Rathebe Old Age Home

Overview of Center:

The Centre is being used as a crèche and a pay point for Social Grants. The National Department of Social Development is funding the building. The Local Office of Social Development has not worked well with the center. The center receives funding from: the French Embassy and the Department of Social Development. The center was mainly established for: poverty alleviation, a soup kitchen and free food to the old aged.

In one of the rooms the old aged are sewing and this is all done by hand, since there are no sewing machines. The products are sold at various social grant pay points. Progress is being made on the building of a new crèche and funding received from the French Embassy is utilized for the building.

Recommendations:

That the Center must be able to work with other private stakeholders e.g. BMW, Nissan etc That there must be Council involvement and that the Regional Department of Social Development must be part of the process. They have to arrange a meeting with the ward councillor and the Regional Department of Social development to establish a committee to take the Center forward. With the building of a 2 roomed structure to work in conjunction with the Department of Health.

Visit of Disability Center

The National Department of Social Development subsidizes the Centre. The Centre caters for all ages, and the Centre does the rehabilitation. The Centre is 40 years old and is housed in a four-roomed house. There are currently 73 disabled persons and it is overcrowded. The Centre is registered as a Non- Profit Organization The Centre does skills training and ABET literacy, however they only do mainstream curriculum, but they are negotiating for ELSEN. Every person at the Centre receives a disability grant. Transport at the Centre is a major problem, the reason being that there is only one combi to transport disabled members. The subsidy (R3000) that the Centre receives from the Department of Social Development is not sufficient for the day-to-day operations and needs to be increased. The empty building across the road belongs to Social Development and it has been requested that the Disability Centre utilize the building (there is more space). A recommendation was made that the Provincial Portfolio Committee needs to take up the issue of the building. The mobile clinic comes around once a month to the clinic. There is doctor and he gives his services free of charge. There are 11 staff members: the 5 subsidized by the Department of Education and the Department of Social Development subsidizes 6 of the staff.

Challenges:

Subsidy received from Department of Social Development not sufficient Transport is a major problem, because the vehicle is giving mechanical problems. The building structure currently in use is insufficient.

Recommendation:

To get assistance from Provincial Department of Social Services.

Visit to Itireleng Workshop for the Blind

In the workshop there are 188 people. 70 receive monthly payment and the rest weekly. There is a boiler in the workshop and it is in an excellent condition. People working at the Centre live in the hostels and some in the zone location. The able persons makes the frames. Products are sold to the community and to government departments The people working at the Centre are from different areas and provinces. The Department of Social Development runs the funding of the Centre. Most of the instructors are abled persons The Center is made up of 4 subsections. In the knitting and sewing section they had to train people to train others. There is a pre-school on the premises for the children of the people working at the Center.

Challenges:

The lack of proper staffing. The sustainability- the revenue collected is not ploughed back into the institution. Marketing- the institution has to compete in an open labour market. The inmates at the have over time become employees of the state. No institutional Governing policies on weekly vs. monthly paid staff.

Bojanala District Municipality- Department of Health:

Issues that had to be followed up on:

Whether the Strategic goals of the Municipality are linked to the Ten Point Plan of the Department of Health: The municipality will attend to this area, and the matter has been referred to them.

Report regarding the high turnover of doctors and nurses: This is a national problem, and our Bojanala region is no exception. A major problem in the region is that they lose these cadres to other provinces such as Gauteng and Limpopo. The department has a strategy on the recruitment and retention of health professionals. With the advent of the community service for nurses the region hopes they will continue receiving a good number. In the areas where the problem is caused by the lack of posts, the department is in the process of finalizing the staff establishment, which will address this area.

Number of doctors available – permanent doctors and community health doctors: There is a total of 81 doctors including both the interns and the community service doctors, and these doctors cover the 5 hospitals and the clinics as well as the community health centres (There is a total of 1244 beds in the hospitals and 138 clinics including health centres)

Report on Pharmaceutical issues: The delivery of medication to clinics (outsourced): The SMME have been contracted to deliver the medications to the clinics and the Community Health Centres, so much that there is no longer a problem of shortage of medications in the clinics, except in the case where there is a general shortage in the province, in which case the central medical stores assists in addressing the problems.

Short summarized report regarding shortage of ambulances: The department is in the process of procuring the new fleet of ambulances to replace the ones that are repeatedly breaking down because of the bad road conditions, and the heavy workload. Bojanala will also benefit from the process of procurement of the ambulances after which the situation will improve.

List of NGO’s funded by government: The process of separating the NGO’s that are funded by the department and those funded by other departments is still being finalized through the social cluster. This is made worse by the fact that there is a lot of cross subsidization and as such the region need to have those that are funded for the health programmes only.

Report regarding Traditional Healers in the district. What is the situation?: The department has a sound relationship with the traditional healers in the management, care and support of those patients that are suffering from debilitating diseases such as TB, AIDS, Pneumonia etc. The regional Health Department meets with the traditional healers at the level of District and Local Aids Councils, which is where the planning, coordination of the intersectoral activities towards the management, care and support on the HIV and AIDS is being deliberated. Together with these colleagues the region serves in the District Steering committee that is aimed at preparing and monitoring the implementation of the comprehensive plan on the roll out of the Anti-Retroviral Treatment programmes, and it is chaired by the Chief Executive Officer of Rustenburg Provincial Hospital.

What is being done to attain the assistance of private sector ambulances? There are very few private ambulances in this area, especially due to the rural nature of the district, and these are only available in Rustenburg, and they get called in the event of the major incidents/accidents that require life support.

Devolution of powers- patients bypass clinics and go straight to hospital: The devolution of powers is the competency of the Provincial head office, and as such the region only act as and when directed and guided by the relevant proclamations and policy directives; Regarding the patients that go directly to the hospital, the problems is caused by the fact that there is no district hospital in Rustenburg, with a population of 395 000 people. Because of the mentality that the service is better at the hospital, there is very little the Department can do to stop the patients, but the gateway clinic that is there at the gate of the hospital is meant to address this problems minimally though as it is to small. The appointment of the Family Physician who has just started working in the region and is doing a lot of work in the hospital will assist in addressing the problems of the non specialist cases that walk directly into the hospital.

CTOP:

Number of professional nurses involved in CTOP: There are a total of 22 nurses that have been trained in CTOP in various institutions.

Is there a decline in back-street abortions? There is a decline in the back street abortions, as a result of the access to the TOP services, though the teenage pregnancy is still on the rise even for those that are coming for the second time for the TOP services.

Disposals/incinerators is there a Waste management programme in place with respect to CTOP: The department has a waste management programme that has been outsourced to the Millennium Company. This company collects all medical wastes inclusive of those generated through the provision of the TOP services. The incinerators that were installed in the clinics were not designed to incinerate the human tissues, and due to lack of proper explanation at the time of installation, people thought they were for that reason, and it is only now that those that have been installed are used, and problems are minimized.

Number of persons returning for results of HIV/Aids testing? The percentage of the persons that return for their result is very low @ 35% in all the clinics where testing is done instantly, and this is attributable to the fact that there is still a stigma, in spite of the counseling that is being done; the project of improving this is done in collaboration with the District Aids Council, and it is hoped that through social mobilization, the percentage will increase; it is only in the cases of voluntary counseling and testing that the results are available on the spot, and in this case it is 100%.

Process of monitoring PMTCT Programme? This programme is monitored as part of the mother Child and Women’s health in the facilities that are rendering the services, which are mostly those that are rendering 24 hours of services. There is however some difficulty in doing a complete monitoring as some of the mothers who enrol for the programme at the clinics and health centres do not come back to deliver at our facilities. Most of these mothers deliver at the private hospitals, some at the public hospitals. All of the district hospitals are running the programme on the PMTCT, but it becomes difficult for the stats to be realigned with that of the clinics, as unless the patient discloses, the nurses may not know, or may start the process all over afresh.

Odi Hospital:

Formal report of lawsuit against the Premier: This matter has been put to the formal investigation by the duly appointed investigating officers, in the name of Ms. K Taoana (Premier’s Office) and Dr Mphake (General Manager for Brits hospital). Given the complexity of the problem and the fact that it includes George Mukhari hospital, which is in Gauteng, The colleagues have not finalized the process but they are still busy and the information will be furnished at the right time. These colleagues will give the report to the office of the premier, so much that this office may not know the progress made until the office of the Premier shall have received the report.

Annual Report and latest Quarterly Report: The annual report will only be available late this month of April, and we are of the opinion that in the mean time we should give the report of the last quarter of the calendar year which report was submitted in January 2005, and it shall be marked the third quarter report.

Mogwase Health Center:

Details on progress regarding Revitalization program: The tender has not been advertised as yet and the municipality has already allocated the site next to the Health Centre, and this site will be used for the construction of the centre. The Directorate in Head Office responsible for the capital/ physical structures handles this process.

Way Forward

The Committee will undertake follow-up visits to the province, in order to provide oversight and monitor progress made with regard to some of the challenges raised by stakeholders during the oversight visit. The Committee will take up some of the issues raised with the relevant Departments, and will continue provide oversight on departmental strategic plans to ensure that the relevant issues are taken up in strategic and operational plans.

Report to be considered.

[1] The Department’s transfer budget was R42.3 Million. However, the Department spent R243.6 Million on transfer expenditure. [2] The Department was allocated R89 000, but ended up spending R 206 000. [3] The Department’s capital budget was R1 Million. However, the Department spent R5.2 Million on capital expenditure. [4] There is no comparison for transfer payments as the National Treasury introduced these only in 2004/05. [5] In the first quarter of the 2003/04 financial year, the Department of Foreign Affairs explained that its low expenditure is caused by the fact that most of its expenditure takes place abroad and there is a time lag of 2 to 3 months between the time of expenditure and financial reporting. In addition, the data forwarded to the National Treasury was distorted because of the problems experienced with the Basic Accounting System.

. [6] The Department of Defence has indicated in the past that the reason why it’s capital expenditure reflects nil is that it uses a different IT system to other Departments. The Department’s system does not distinguish between capital and current expenditure. The department, however, conceded that it does have capital expenditure, which goes mostly to the upgrading of buildings. [7] This translates to R136, 7 billion of the R193, 6 billion allocated to Provinces through the adjustment budget. [8] This is, however, R2.1 billion more in absolute terms given the smaller national budget: National Treasury status of provincial spending report. [9] National Treasury status of provincial spending report [10] See Appendix 7. [11] See Appendix 8. [12] See Appendix 9. [13] See Appendix 10. [14] See appendix 13.