TUESDAY, 23 MAY 2006 __

                PROCEEDINGS OF THE NATIONAL ASSEMBLY

                                ____

The House met at 10:02.

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

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

                          NOTICE OF MOTION

Mr C M LOWE: Chairperson, I hereby give notice that I shall move on behalf of the DA:

That the House debates the need for South Africa to undergo a skills revolution, if it is to meet the goals of Asgisa.

                         APPROPRIATION BILL


                           (Policy debate)

Debate on vote 34 – Water Affairs and Forestry: The MINISTER OF WATER AFFAIRS AND FORESTRY: Chairperson, I need some water.

The HOUSE CHAIRPERSON (Mr G Q M Doidge): We can provide you with that, Minister. We deliver at Parliament.

The MINISTER OF WATER AFFAIRS AND FORESTRY: Chairperson, hon members of Parliament, our stakeholders from all areas of the sector, members of civil society, distinguished guests, ladies and gentlemen, I’m delighted to present the contribution made by water, sanitation and forestry to the age of hope and the related challenges that President Mbeki referred to in his state of the nation address earlier this year.

The aforesaid address highlighted the need to move faster to tackle the challenges of poverty, underdevelopment and marginalisation confronting those caught within the second economy. We humbly submit that today our Budget Vote is a vehicle to finance the instruments aimed at addressing some of these challenges.

I am tabling our budget under the theme: “Water and forests for shared growth and economic development.” In our response to a call by our President on the need to contribute to building the capacity of the state, our department has instructed the Water Research Commission to conduct a study of all capacity-building initiatives currently taking place within the water sector. The results of this study will inform our 2025 vision on capacity-building.

We have initiated partnerships with the Tshwane University of Technology and the University of the Western Cape, Free State, Cape Town and KwaZulu- Natal respectively, to develop learning interventions to improve the skills base of the department and to create a pool of technicians and engineers.

We also have an education programme for school children, which is currently being undertaken by our department in partnership with the Rand Water Board and the Water Research Commission. Government identified the lack of skills as a major impediment to the acceleration of service delivery and economic growth.

Our contribution to Jipsa, the Joint Initiative for Priority Skills Acquisition, driven by the hon Deputy President, knows no boundaries. And I’m pleased to announce that we have negotiated a third agreement with the People’s Republic of Cuba in terms of which a team of engineers from Cuba will be seconded to the department to facilitate service delivery and undertake on-the-job training of our technicians. [Applause.]

I must say that from the engineers that are here from Cuba we have already benefited by getting 1 000 people trained in terms of that initiative. [Applause.] We have also been offered an opportunity by Cuba to send students to Cuba for training. So this is a two-pronged approach. They will be coming over to our country, but we’ll also be sending our children to study in Cuba.

In order for us to reposition the department for accelerated service delivery we have undertaken internal restructuring and organisation. This led to the establishment of the forestry branch and the gender and disability unit.

In response to the President’s call to place women at the centre of decision-making, we have appointed five women to management positions within the past two months. [Applause.] We have also taken steps recently to strengthen the strategic role of our regional offices, which, as you might know, are the implementation arm of the department.

Support to local government is part of our main role as a sector leader. A major project has been launched to assess each and every water services authority in terms of complying with water-related legislative and regulatory requirements.

The provincial water summits that we held in all the provinces, which culminated in the first-ever national water summit in the country, have enriched our understanding of the service delivery challenges faced by municipalities throughout the country. This you will couple with the local government initiative that culminated in the project popularly known as Project Consolidate. We have also been part of that programme; as you know, there is a lot of overlap between the two departments.

Our department has placed great emphasis on a sector-wide approach, in terms of which we have accessed donor funding and pooled it to achieve common objectives under the auspices of the EU-funded Masibambane programme. These funds have enabled municipalities to address capacity and institutional constraints.

We have literally facilitated the transfer of millions of rands to capacity- building programmes for local government. We are looking forward to strengthening this relationship between the EU and South Africa so that this programme continues.

Our department has also successfully spearheaded a number of collaborative initiatives, such as the establishment of water sector forums in all the provinces, and the national joint response teams comprising the Department of Water Affairs and Forestry and our partners, the Department of Provincial and Local Government, the SA Local Government Association, the National Treasury and corresponding provincial joint response teams.

These response teams support municipalities in deciding on the most appropriate arrangements for water services providers and taking transfer of assets and staff. We will continue with this support until all water service authorities have put in place water service provision arrangements and have taken transfer of these assets and staff that fall within their jurisdiction.

We also have signed a memorandum of understanding with the labour movement, specifically Cosatu and Nactu, committing ourselves to job creation, which would benefit the people at the local level, where these projects are happening.

Much work has been done to develop our water services sector support strategy, which will be launched later this year. Part of the process has included provincial workshops, as well as focus groups, to identify key services provision problems and challenges facing municipalities.

We are all aware of the huge demands of local government and the human resources constraints many of them face. We will, in the current financial year, within the intergovernmental relations framework, continue to provide hands-on support and expertise to address the capacity gaps in local government. That is what we are supposed to do as a sector leader, to provide this support, while local government implements. However, we need to give them capacity to enable them to implement all our strategies and policies.

Officials from our nine regional offices are working with municipalities. Engineers and technicians have, in the same vein, been mobilised and deployed to the weakest municipalities.

I am proud to announce that South Africa is the first country to implement the 2004 decision taken at Dakar that all countries should hold a sanitation week. We launched the first-ever sanitation week in March 2006 with the aim of promoting health and hygiene, and raising the profile of sanitation in our country.

We have, therefore, launched a sanitation acceleration delivery strategy, called “Operation Gijima”, which targets the provision of rural sanitation. It is designed to create jobs in the process of eradicating the sanitation backlog.

To make sure that this happens, we have allocated R11,4 million for 2006-07 for a sanitation job creation project and we have deployed 21 engineers to focus specifically on the bucket eradication project.

I also want, maybe, to give an example of what is happening on the ground as far as the delivery of sanitation is concerned. Presently there is progress at that level. The Alfred Nzo District Municipality in Mount Ayliff is delivering sanitation to 1 900 households per month. We think that will contribute significantly to the eradication of the backlog. [Applause.] The backlog of sanitation in schools has been reduced from 4 300 in September 2004, to 2 118 by March 2006. We think that we can increase delivery and the pace of delivery in this area, and we are presently co- ordinating with all the relevant departments, Provincial and Local Government and Education, so that we can eradicate this even before the given target. We believe that it is possible. We just need to come together and ensure that we plan together and co-ordinate all our efforts.

We have targeted 2 117 schools to be provided with sanitation this financial year, and as I have already indicated, it can be done, and I think it will be done. As many as 300 clinics still lack sanitation facilities, but we are still working together with the Health department and we believe that we will be able to eradicate this backlog as well.

Delivery of water remains constant, with approximately 1 million people per annum benefiting. But we see a steady increase in the delivery of sanitation services.

Approximately 19,2 million people, of our 22 million people, that is 85% of all poor households, are currently receiving their water free of charge. [Applause.]

There’s a lot of improvement that needs to happen in this area because municipalities, which have unique challenges, in terms of their financial muscle and technical capacity to deliver on it, are implementing this policy. However, this is something we need to be proud of, while acknowledging that there is room for improvement in that area.

Our department is addressing the policy challenges that have been identified in the implementation of the free basic water policy so that all our communities can benefit from this service.

Senzela ukuba abantu abahlelelekileyo balixhamle ilungelo labo lokufumana amanzi nokuba abanayo imali. Akufanelekanga ukuba abantu abahlelelekileyo, njengoko sisazi ukuba amanzi ayahlawulelwa, bangawafumani amanzi. Luxanduva lukarhulumente ukuba wonke umntu eMzantsi Afrika awafumane amanzi, njengoko uMgaqo-siseko usitsho. [Kwaqhwatywa.]

Sizibophelele kule nto, kwaye le yinto esingasoze siyiguqule ngoba kaloku thina sizibophelele ekuguquleni impilo yabantu ibe yimpilo engcono. (Translation of isiXhosa paragraphs follows.)

[We do it so that poor households can enjoy their right to receive water even if they don’t have money. We know that one must pay for water, but it is not right for the poor households not to receive water. It is the responsibility of the government that every South African citizen must receive water, as is declared in the Constitution. [Applause.] We are committed in this regard, and we cannot deviate from this because we are committed to changing people’s lives for the better.]

Specific challenges around the volume of free basic water within the context of HIV and Aids, as well as certain implementation issues, have been identified.

Abantu bayakhala ngokuba kwimizi yabantu apho kukho abantu abagula sisifo SikaGawulayo neNtsholongwane yaso kuye kucace ukuba ezi litha zingama-25 azanelanga. Siyawuphonononga ke lo mba, ngoba sicinga ukuba sifanele ukuba noko abantu bethu sibabonelele ngokubhekisele kulo mba. Siphonononga umgaqo- nkqubo wethu ukwenzela ukuba ukwazi ukujongana nezinto ezinjalo ngokubhekisele kulo mgaqo-nkqubo wamanzi asimahla. (Translation of isiXhosa paragraph follows.)

[People are complaining that in their homes where there are people living with HIV and Aids, it is clear that 25l are not enough for them. We are still reviewing this matter, for we think that we should provide for our people in this regard. We are reviewing our policy so that this issue in regard to the policy of free water can be rectified.]

Our department has been hard at work during this past year, holding summits in each of our nine provinces to better appreciate the water and sanitation needs of each province, and to ensure that water and sanitation are integrated in the provincial growth and development strategies.

These summits were not only a success, but they proved to be very useful strategies to ensure that the machinery of government functions more smoothly. These summits provided an opportunity for the Department of Water Affairs and Forestry, as a sector leader, to engage in a real-time joint needs analysis and prioritisation with provincial and local government, the private sector, academic institutions and other stakeholders within the sector.

The outcomes of the summits held by the Department of Water Affairs and Forestry will definitely influence the policy formulation processes and the trends in budget allocations within the department. Dwaf has commenced with processes to amend the National Water Act and the Water Services Act respectively. The amendments to the Forestry Act have been completed and we have begun to put them into effect.

If we are serious about accelerating economic growth and development we have to ensure optimal use of our resources and ensure that our institutions are functioning effectively and efficiently, and are financially sustainable. We cannot effectively address our backlogs and service delivery challenges while our water service institutions remain fragmented and undercapacitated. We are working on that, as well, to ensure that there is better co-operation and integration amongst all of these institutions.

Our institutional reform strategy is designed to create regional water service providers to achieve greater efficiencies based on financial viability. Through this strategy we want to take advantage of the economies of scale, ensure optimal use of water resources, achieve alignment of existing and future regional infrastructure and ensure equitable access to water services between developed and underdeveloped areas. We are very committed to this one as well.

We expect that through this process, we will maximise benefits derived from the existing capacity of our Water Board.

In accordance with the international best practice of decentralising and democratising water resources management, great strides have been made in terms of the establishment of the Catchment Management Agencies. The Inkomati Catchment Management Agency has already been established and we are in the process of establishing more. We envisage establishing the Thukela, Usutu-Mhlathuze, Gouritz, and Olifants-Doorn Catchment Management Agencies in this current financial year.

Dwaf as a supporter, leader and regulator within the sector, has necessitated that our budget for Water Resources Management be increased from R1,6 billion in 2005-06 to R2,2 billion in 2006-07. This allocation is expected to rise to R2,4 billion and R2,96 billion in 2007-08 and the outer year.

In the recently held National Water Summit, we were pleasantly surprised by a call from local government for stronger regulation by our Department. Many municipalities have indicated that without stronger regulation, budgets will not be spent efficiently and that sustainability of service delivery may be under threat as functions like operation and maintenance may not be prioritised.

Siyafuna ke ukuyigxininisa le ndawo yezisetyenziswa zoluntu, emalunga nokusetyenziswa, ukuphathwa kunye nokulungiswa kwazo, (operations and maintenance of the infrastructure) ngoba ibalulekile. Ukuba ngaba izinto ezisetyenziswa luluntu (infrastructure) lwethu, abazilungisi bazigcine kakuhle oomasipala ngendlela efanelekileyo siza kuba nengxaki yokuzisa ezi nkozo besisele sizizisa ebantwini. (Translation of isiXhosa paragraph follows.)

[We want to emphasise the ones used by people, in regard to operations, maintenance and how they are restored (operations and maintenance of the infrastructure), because they are important. If the municipalities don’t maintain and keep the equipment that is used by our people in a safe and appropriate manner, we will have a problem in delivering the services intended for the people.] We therefore make our commitment to finalise our strategy to regulate the municipalities by the end of the current financial year.

Subsequent to the problems experienced in the famed Delmas, we embarked on a comprehensive and robust drinking water quality management programme to both regulate and support municipalities in ensuring that drinking water adheres to the standard we have set. We have thoroughly investigated allegations of maggots.

Hayi azikho iimpethi emanzini. Amanzi ethu acocekile. [There are no maggots in the water. Our water is clean.]

It was very interesting when this thing came up, because the question that I was asking myself was why are people beginning to say that the quality of our water is questionable. You have this house, number 15, where it is reported that the maggots were found, getting water from the same source as 499 other houses in the same locality, but only in house number 15 are maggots found. Interestingly, the media knew where to go and where to get the maggots. They also knew where to catch the maggots coming out of the tap. For a lay person like myself, it was a very interesting question. I wish there could have been scientific evidence in response to that question. [Applause.]

The lesson that we learned was to make sure that there is a strategy to ensure that we monitor the quality of our water. As we speak, there is a database outside there in our exhibition, which tells us that in the Free State, where we were working together with the CSIR, certain towns in the Lejwe-Leputswa municipality have a problem with their water. The quality of water is not good enough because you have more fluoride than is necessary in the water, and we are 3% off in terms of the quality of the water.

It helps us to know where the problem is, and be able to intervene appropriately. I think this is a very good achievement, and I want to commend the Director-General and his team for coming up with this. We are not yet there in terms of what we should be doing, but this is a very good start. It is a first, it has never happened in this country, and I think we should be proud of that achievement. It is, of course, work in progress. [Applause.]

Chairperson, water is an engine to development and poverty alleviation. It is an important input into the accomplishment of the Accelerated Shared Growth Initiative of South Africa, Asgisa. Three years ago the President announced, in this House, the Olifants River Water Resources Development Project in the Mpumalanga and Limpopo Provinces to provide water for this hugely underserviced area of our country, and to unlock the mining potential in support of the growth and development strategies of these provinces. I am glad to announce the raising of the flag of the Boshielo Dam as the first phase of this project is almost complete. We are now continuing with the preparation for the implementation of the second phase and an amount of R300 million has been provided for in the budget. The construction of the De Hoop Dam will comprise the first component of the second phase. This will not only anchor the project but will also bring hope to those citizens who have been deprived of basic human needs for so long. It will also create an opportunity for expanding the mining activities in the area with associated stimulation of economic growth and the creation of jobs.

The people living in Sekhukhune will benefit, especially in relation to the construction of a road around the reservoir and the commencement of the construction of the De Hoop Dam on the Steelpoort River. Some of the benefits associated with a large infrastructure project will also be shared in the Greater Tubatse district municipality.

Implementation activities will take into account the need to minimise negative impacts on people and ecological systems. I want to emphasise this, and I know that environmentalists are here. They are on our case in this matter, but I want to assure them that we comply with the environmental impact assessment regulations. We will ensure that we do what we are required to do, but I want to stress this. It cannot be environment at the expense of development. Neither can it be development at the expense of the environment. The balance is what is the challenge. You can’t have an either / or, but the balance is what is important.

Environmentalists must help us to ensure that we deliver, to our people, the services that they have been deprived of for decades. We will also help them by ensuring that we comply with the protection of the environment. [Applause.]

In the Eastern Cape, there is a development programme in the Umzimvubu, which is focusing on hydropower, forestation and agricultural development. The Department is looking at water needs to support this initiative of the province. There is also the Gariep Dam, which is also a very important project for the Eastern Cape, especially given the fact that the Eastern Cape is one of the poorest provinces. We think that these interventions are quite important if we are to ensure that we share the growth as we share the economic development through ensuring that there is water in those areas.

In the light of our announcement, last year, of a relevant feasibility study being undertaken, it gives me great pleasure to announce that on 3 August 2005 Cabinet gave us a go-ahead to start the process of establishing a national water resource infrastructure agency whose main purpose would be to develop and manage infrastructure to ensure economic benefits whilst providing for social needs. It will work like Eskom, but it will concentrate on the development of water infrastructure. Of course we will learn from the mistakes of other people and try to ensure that this agency avoids such mistakes.

We are almost completing the pilot project of our rainwater-harvesting programme with 73 rainwater-harvesting tanks, affectionately known as the Matangwana in the Free State, around Thaba Nchu, being built in 25 villages across four provinces. We are spending R25 million to ensure that 1 500 rainwater harvesting tanks across the five provinces are established. This is important as an intervention for poverty alleviation.

Amanzi mayibe ngamanzi aza kunceda abantu ukuba basuke endlaleni. Asithethi ngokususwa kwamanzi emlanjeni siwacoce, ukuze siwase ezimpompeni. Ibalulekile loo nto kodwa mayingapheleli apho, mayiphelele ekubeni siwabone amanzi ngenene esenza iinguqu kubantu abahlelelekileyo. Ukuba ube unokuya kulaa ndawo bendiye kuyo ise Free State inoMatangwana. Abantu bethu bavuna umbona omhle phaya. Indlala iyemka. Ke ngoku sizama ukuphuhlisa elo linge lokusondeza amanzi ebantwini. Ndicinga ukuba libalulekile njengokuba lingenelela kuliwo lwendlala. Liyaphela ixesha lam kodwa … (Translation of isiXhosa paragraph follows.)

[The water must be water that will help people to escape poverty. We are not talking about recycling and purifying water from the river in order to bring it to the taps. That is important, but it is not enough. It will indeed be enough if we really see water make a change in the lives of poor households. If you go to that place I recently visited in the Free State at noMatangwana, you will see that our people are harvesting good mealies there. Poverty is vanishing, so now we are trying to develop that initiative of bringing water closer to the people. I think this is important, because it helps to fight poverty. My time is up but …]

I have to talk about the water allocation reform programme, which is quite important. This is where we are transforming the sector to take excess water from the commercial farmers who have more water than they are utilising. We are not going to take what they are utilising. If they are utilising what is available to them, we won’t take anything from them. But if they have an excess, then we have to take that to give to the emerging farmers.

This programme has actually delayed the transformation. It was supposed to have run concurrently with the land reform programme, so that as we make land available, we don’t just give this land and leave it with people or have it lying fallow because there is no water to irrigate the land. This is what we are doing through this programme. [Applause.] We have allocated R13,2 million for this.

There are a number of things that one has to mention, but the time is just not there. But it is important that I mention the Forestry Sector Charter. By the end of this month of May, the final charter will be presented to the Minister. We are looking at holding a workshop or an indaba where we will be having discussions on how best we can ensure that the poorest people who work in the forest also become shareholders, and not the other way round. This is my dream. [Applause.]

If we are to be true to changing the lives of the people who are in the second economy, we need to ensure that they are shareholders in these initiatives. I hope that it will be realised. I want to take this opportunity to thank everybody in the department, from senior management to the people who are doing smaller tasks in the department. I think they have done a great job. Thank you for your support.

Lastly, we have been able to put together a book that gives a history of the first decade of water services delivery in South Africa, from 1994–2004. The title of the book is A History of the first Decade of Water Services Delivery in South Africa – 1994-2004. I want to dedicate this book to President Mandela, President Thabo Mbeki, the Ministers of Water Affairs before me, Minister Kader Asmal and Minister Ronnie Kasrils.

I am highly indebted to all of these people for laying a very sound foundation in the department, and also for providing good leadership. I think if we could continue with what has been achieved, we shall go a long way in terms of achieving universal access for all our people.

To the director-general, Comrade Jabu Sindane, thank you for your leadership. I have already indicated senior managers, and thank you to all the civil society up there, and all the stakeholders. I am still your friend and your partner. In all the good things that you have been doing and you will still be doing, I thank you very much. [Applause.]

Ms C C SEPTEMBER: Chairperson, Minister, and all the guests here today, the budget as far as the ANC concerned is a tool through which a developmental state implements its transformation efforts. Because we are part of the people we have a deep commitment to their needs. Water must not be underestimated as a very important component in the strengthening of our agricultural, industrial, economic and social development.

Therefore, we debate this Budget Vote under the theme, “actual progress gives us real hope for the future” - as we have listened to the number of issues that the Minister mentioned.

We must, for instance, note what increases and decreases in the budget have to do with the transformation and necessary arrangements to strengthen service delivery at local level. A case in point in the budget is an increase of R164 million in the department’s expenditure between 2004-05 and 2005-06. This has to do with additional funds that were granted for transfer functions between national and local government, and a one-off allocation to deal with the challenge of drought that we have had around the country and the devolution of funds to Public Works.

However, between 2003-04 and 2004-05 there was a decrease in expenditure. This has to do with the department’s 10-year programme to restructure itself, as we believe that the national department’s role in ensuring better service delivery at local level and in a variety of water service institutions, can be strengthened.

Along this 10-year restructuring process the programme in the Department of Water Affairs and Forestry is in the process of separating its implementation and regulatory functions.

Die ANC steun die herstruktureringsproses in soverre dit in pas is met die doelwitte van die Heropbou- en Ontwikkelingsprogram. Die HOP, in die bereiking van die basiese behoeftes van die mense, sê dat die Departement van Waterwese en Bosbou verantwoordelik moet wees vir die bestuur van die land se waterbronne tot voordeel van die hele land. (Translation of Afrikaans paragraph follows.)

[The ANC supports the restructuring process in as far as it is in line with the objects of the Reconstruction and Development Programme. The RDP, in meeting the basic needs of the people, states that the Department of Water Affairs and Forestry should be responsible for the management of the country’s water resources to the benefit of the entire country.]

It goes on to say that, at a secondary level, water resource management must be founded on catchments management-based institutions to ensure effective control over and supply of water resources as well as the effective management of and control over wastewater. At the local level, local governments must be made responsible for water distribution, adequate sanitation facilities, waste removal and financing through appropriate tariffs.

This process includes the following in as far as the restructuring is concerned; out of it comes the establishment of catchments management agencies and making appropriate institutional arrangements for managing and developing national water resource infrastructure; delegating these operations and maintenance of government irrigation water schemes to water user associations; also transferring the management of commercial plantations and indigenous forests to the appropriate institutions; establishing the necessary policy and regulatory functions to ensure the sustainable management of all forest resources; transferring department- owned water service schemes as we are seeing currently and operations to water services authorities in the municipalities; but of course, ensuring effective service delivery by competent water services, authorities and institutions. Dit is binne dié raamwerk wat die ANC gelyke toegang tot water en die ontwikkeling van ’n nasionale waterkostestrategie verwelkom. Water is ’n natuurlike hulpbron en behoort ten bate van alle Suid-Afrikaners beskikbaar gestel en onderhou te word. Dit is nog ’n poging van die ANC-regering om die situasie van die verlede, waar ’n klein minderheid toegang tot waterbronne gehad het en die meerderheid armes in die land min of geen watersekuriteit gehad het nie, reg te stel. (Translation of Afrikaans paragraph follows.)

[It is within this framework that the ANC welcomes equal access to water and the development of a national water pricing strategy. Water is a natural resource and should be made available and maintained on behalf of all South Africans. This is another effort by the ANC government to rectify the situation of the past where a small minority had access to water resources and the majority of poor people in the country had little or no water security.]

As the national pricing strategy is unfolding, the ANC would want the process to have as its outcome firstly, in line with what the RDP says, a lifeline tariff to ensure that all South Africans can afford water services sufficient for health and hygiene; and in urban areas, a progressive block tariff to ensure that the long-term costs of supplying large-volume users are met and that there is a cross-subsidy to promote affordability for the poor. In rural areas we want a tariff that covers operating and maintenance costs of services and recovery of capital costs from users on the basis of a cross-subsidy from urban areas in cases of limited rural affordability, as stated in the RDP.

The creation of a single water service regulator, as stated by the Minister already, to focus on policy and regulation, is an important opportunity for other entities involved in water provision. The devolution of water service provision to municipalities in South Africa offers opportunities to engage in very innovative ways with the learning phase of the reform process.

However, of crucial concern is the success of service delivery in terms of whether institutions of service delivery are accountable to citizens. The challenge is thus, not to fix the pipes, but to fix the institutions that fix the pipes. Institutional changes, which ensure that service providers are accountable to all citizens, are a highly political endeavour.

Undertaking such changes on a pilot basis may be difficult enough; scaling it up across jurisdictions and sustaining it over time, is indeed a daunting challenge. Yet, it is precisely the scaling up of institutional change that is needed to ensure that the goal of universal access to basic services can be realised.

In die geval van Bosbou, saam met die transformasie van die bestuur van kommersiële, inheemse en gemeenskapsbosbou in nasionale, gereguleerde belang, is die departement natuurlik ook besig om beleid te ontwikkel, om programme in werking te stel wat kan moniteer en evalueer, en om tegniese ondersteuning aan die bedryf te verskaf. (Translation of Afrikaans paragraph follows.)

[In the case of Forestry, in addition to transforming the management of commercial, indigenous and community forestry in the national, regulated interest, the department is of course also busy developing policy, implementing programmes that can monitor and evaluate, as well as providing technical support to the industry.]

The ANC also welcomes the fact that the Department of Water Affairs and Forestry’s programmes show that people are placed at the centre of national forestry management. Following this principle, the sustainable management of state plantations has been prioritised to prepare for the necessary transfer to other beneficiaries.

The ANC has as policy the creation of jobs for all who live on the land. We have over time amended some of our policies to be more realistic so that we can ensure that where there are possibilities for job creation, programmes are put in place to create jobs for those who need it. The forestry sector in our view holds such possibilities. In addition to creating more jobs, it would assist with rural development.

In line with these recognised possibilities, the Department of Water Affairs and Forestry developed, as we have heard, the Forestry Sector Charter, as announced by the Minister last year. This charter is being further developed to ensure that more opportunities arise for social and economic development and the broad-based black economic empowerment.

Traditionally, we all know that the forestry sector has had limited ownership. A broad-based black economic empowerment charter, committing the sector to equity goals, not just in growing trees, but throughout the value chain, should be initiated. We do think that we should maybe turn some attention to what we can do with our people in so far as conservation is concerned.

In Agenda 21, for example, the international community and governments were called on to draw on the active participation of indigenous people and their communities and to incorporate their values, their views and knowledge, including the unique contribution of indigenous women, in resource management and other policies and programmes that may affect them.

Further, international development agencies and governments were requested to commit financial and other resources to education and training for indigenous communities to develop their capacities to achieve sustainable self-development, and to contribute to and participate in sustainable and equitable development at the national level.

Indigenous people remain particularly vulnerable to water shortages and water quality problems as a result of a history of dispossession and marginalisation. Yet, indigenous people have extensive traditional knowledge regarding water sources and conservation. Water sources on indigenous lands are often considered as a sacred element, and indigenous women may be the holders of water knowledge. Indigenous people possess traditional knowledge and skills concerning the sensing, the locating, of water and its conservation. Their traditional land management skills often provide the most effective method of water resource management in their settlement areas.

However, due to their lack of sovereignty over natural resources, indigenous people are seriously affected by their uncompensated and unsustainable loss of water to farming and other industries.

Effective water governance requires a change in attitudes and behaviour amongst individuals, institutions, professionals, and decision-makers; in short, among all involved.

Key aspects of sustainability include empowerment of local people, self- reliance and social justice. These aspects reflect concern about principles of equity, accountability and transparency.

One way to incorporate these principles into real, live management is to move away from conventional forms of water governance, which have usually been dominated by a top-down approach and professional experts in the government and the private sector, and move towards the bottom-up approach, which combines the experience, knowledge and understanding of various local groups and people.

We have, as the ANC, been very concerned with the status reports that we have received about the rivers in our country. The Water Act requires that we protect our water resources, rivers, wetlands, estuaries and aquifers so that we can benefit from their ecosystems now and in the future. We are not managing rivers for the sake of managing rivers but to ensure that future generations can continue to enjoy them. In this regard the ANC wants to call upon all members in this House, led by the ANC, of course, to adopt a river in their constituency or where they live. I will adopt a river in my own constituency. [Applause.]

As I was walking into this House, hearing that rivers needed to be adopted, it assured me that indeed the hon Pieterse would adopt a river in his constituency. We call upon all the members in this House to follow the lead of hon Pieterse and, of course, the members in the portfolio committee.

We support this budget that we believe stresses the direction which our past political struggles mapped out for us, as its principles and values are enshrined in the Constitution of this country. We believe that it will contribute towards our vision to build a society that is nonracial, nonsexist and a single and integrated economy that benefits all.

This Budget Vote No 34 and the Dwaf’s Strategic Plan is aligned to achieve the eradication of the bucket system in the 2006-07 financial year and to have clean running water in every household by 2010 and to give the poorest of the poor access to forestry.

We know that in future we will have a partner to make sure that water is used properly in the mineral and energy sector. That partner whom we are going to have is the hon Minister Sonjica. She will ensure that our partnership is making sure that the industry does not pollute and / or over use water. We are indeed happy that such a partnership is going to continue in that regard. Since we know that this will happen, the ANC supports this Budget Vote. I thank you. [Applause.]

Ms J A SEMPLE: Chairperson, the DA would like to congratulate the Minister on her appointment as Minister of Minerals and Energy. I have not been in this portfolio very long, but I know the Minister is held in high regard and she will be sorely missed for her focused approach and her honesty regarding challenges in her department. [Applause.] On behalf of the women and children in South Africa who have benefited from the provision of water and sanitation under your leadership, I would like to say thank you, Minister.

This is probably also an appropriate time to congratulate the chairperson of the portfolio committee on her very capable direction of the committee and to thank the members for the good spirit that prevails in the committee itself. [Applause.]

It is often said that water is life and that for a water-scarce country such as South Africa, this precious resource must be retreated with respect and care. Water and sanitation are the most basic of human rights and our Constitution guarantees basic human rights to all South Africans.

The purpose of Programme 3: Water Services, is to ensure that all people in South Africa have access to an adequate, sustainable, viable, safe, appropriate and affordable water and sanitation service to use water wisely and to practice safe sanitation.

In his state of the nation address, the President committed the department to two very important delivery goals for which the nation will hold the department accountable, and for which the Minister or the new Minister will be held responsible, namely, the provision of clean running water to all households and decent and safe sanitation.

Of major concern to all of us who are concerned with the health and dignity of our people, is the eradication of the dehumanising bucket system in informal settlements by the end of 2007. The Director-General of Water Affairs and Forestry took great pains to emphasise to the portfolio committee that this was a moving target; that is, informal settlements are given buckets on an interim basis by municipalities, so the bucket system is going to be a fact of life for as long as we have informal settlements. What is the difference between an informal settlement and an established or formal area, you might ask?

The Gauteng Provincial Government claims to have eradicated 83% of the buckets in Gauteng. But the continuous migration of rural and foreign people to this province means more informal shack settlements spring up continuously. With this in mind, one must question whether the goal will actually ever be attainable. Some municipalities still have not formulated the bylaws necessary to implement the free basic water supply programme, which means they cannot supply the 6 000 kl of water to those who need it most. Nor can they identify these people.

The department, as we have heard, is currently in a ten-year restructuring programme - meaning that most of its implementation functions will be transferred to more appropriate levels of government and institutions. This will allow the department to focus on policy development, macro planning, regulation, sector leadership, oversight and monitoring. It also means, in more practical terms, that the department has changed its role in the sector from a provider to a regulator. The primary responsibility for water service has shifted to local government, but severe capacity constraints and skill shortages in the water services sector are causing problems in delivery. This particularly applies to the water service providers where capacity is defined in terms of technical skills and the operational requirements necessary to ensure a sustainable service to consumers. Transformation of the water service sector also means that the role of staff has changed from implementing capital projects or operating and maintaining water schemes to a focus on organisational development in order to assist and prepare local government to perform its functions. Apart from formal training and re-skilling, mentorship programmes are key in developing the required skills in this sector. And we were very pleased to hear from the Minister of the initiatives being taken in this regard by the department.

Of concern is the Energy and Water Sector Education and Training Authority, EWSeta, which is responsible for training in the water services sector. It would be interesting to know how many people have been trained and what positions they hold in the sector. Is this Seta meeting its training target in this vital delivery sector?

The Eastern Cape is quoted as having the highest proportion of households without access to clean water – 50,6% in 2004. It is also the province most in need of economic development and job creation with the lowest growth geographic product, GGP, per head of all the provinces. The Eastern Cape has areas ideally suited for pineapple, chicory and dairy farming but they need water.

Bathurst, for example, had the opportunity of developing its own pineapple- canning factory but this was not possible because there was not enough water. Chicory production in the Alexandria area has virtually grown to a halt for the same reason – no water. Dairy farming is suffering the same fate. But when you look at the Sundays River Valley in the same province, it is one of the most productive farming areas in the country because of its irrigation schemes.

Enquiries to the Department of Water Affairs and Forestry, Dwaf, in the province for an additional water supply to Nhlambe area are met with the response, ``There is no funding available’’. We know this is not true, Minister, especially as far as shared economic growth and development is concerned. Please can we ask you, on behalf of the people of Nhlambe, to investigate an alternative water supply; perhaps a new pipeline from the Glen Melville Dam, for example.

Time does not permit me to engage in all the aspects of this very exciting portfolio. Delivery of water and sanitation are key goals. It seems to me a little unfair that this Minister should be responsible for achieving these goals while her department is not the implementing agent.

Forestry seems to be the stepchild of the department and although it has significant potential for rural development and job creation in undeveloping areas, basic human rights must come first.

Hon September, I am delighted to take up your challenge and I would like to adopt the Jukskei River in my constituency. And that is a challenge. [Applause.]

The DA supports the budget of this very important delivery area and we wish the Minister well in her new portfolio. I thank you, Chairperson. [Applause.]

Mr M W SIBUYANA: Chair and colleagues, for us service delivery is the key issue. The stated aims of the Department of Water Affairs and Forestry is to ensure the availability and supply of water at national level; to facilitate equitable and sustainable socioeconomic development; to ensure the universal and efficient supply of water services at local level; and to promote the sustainable management of forestry. The four programmes of the department are administration, water resource management, water services and forestry.

The overall allocation of the department has increased from R4 billion in the 2005-06 adjusted appropriation to R4,5 billion in 2006-07. This is mainly owing to the water resource management programme which received a 33,5% nominal increase to its allocation that now stands at almost R2,2 billion. The allocation to Programme 4: Forestry, decreased by 4,1%. The department is pursuing a reform programme in the forestry sector, which will see the government leasing all state-owned forestland to private sector operators. Of the 140 000 hectares managed by the department in 1994, more than 100 000 have been transferred. We hope that the question of the Ingonyama Trust will be resolved amicably.

Without water there is no life. Access to clean water and all the benefits that come with it is a right that each and every South African should enjoy. The impact that clean tap water and sanitation have on the lives of people is immense.

Poverty alleviation, food security and low economic growth are some of the problems associated with developing countries. The people that are most affected by these problems are the rural poor. Sanitation, as well as access to clean water, can play a major role in alleviating these problems and creating a better life for all.

Many people in rural areas rely on subsistence farming. The failure to acquire water for the irrigation of their crops poses a major challenge and also creates an unnecessary risk that can contribute to a poor harvest and even crop failure.

We therefore believe that development projects in these areas are of major importance. Not only will they ultimately lead to the social upliftment of many rural communities, they will also provide much-needed employment, as many projects are labour-intensive. This will therefore give an economic boost to these areas.

When engaging in development projects within these rural areas, the active involvement of the amakhosi and their councillors is of paramount importance. The deployed municipal councillors must work together with their traditional counterparts to ensure that these projects reach their true potential and contribute to the improvement of the quality of life for these people.

It is easy for us to take essential services, such as tap water and toilets that flush, for granted. The opening of a tap or the flushing of a toilet have become routine exercises that we don’t even notice any more, and yet for the many people in rural areas these are luxuries that they still do not have.

While the work and progress the department has made in this regard is commendable, there is still much that has to be done. Many people are still without proper sanitation, which makes them more susceptible to various diseases and health problems. No stone must be left unturned in stopping pollution and the occurrence of aquatic parasites such as the rat-tailed maggots that were recently found in the drinking water in some areas.

The bucket system must be eradicated from all households, and all South Africans must have access to clean water that is of a high quality. It was therefore very encouraging that in his state of the nation address earlier this year, President Mbeki stated that government had decided to completely eradicate the bucket system by the end of 2007 in the established settlements.

It is clear that the direct and indirect impact that the department has on improving the lives of many people and freeing them from the poverty trap they are currently stuck in is great. We in the IFP therefore believe that the Department of Water Affairs and Forestry’s eagerness to provide basic water services and improve sanitation for the majority of South Africans will lift the standards of our people and play a leading role in the alleviation of poverty and the fight for food security.

The IFP realises that the budget is reasonably good and that the areas highlighted by President Mbeki in his state of the nation address and the Department of Water Affairs and Forestry’s …

The HOUSE CHAIRPERSON (Ms C-S Botha): Hon member, your time has expired. Will you please just continue.

Mr M W SIBUYANA: … strategic plans are realistic and attainable. We in the IFP anticipate that, unlike in the past, service delivery … The HOUSE CHAIRPERSON (Ms C-S Botha): Hon member, sorry but I am afraid your time has expired. You have to conclude.

Mr M W SIBUYANA: Thank you. We support the budget. [Applause.]

Mr I D MOGASE: Madam Chairperson, when Cuba became independent in 1959, under President Dr Fidel Castro, little did we know that in future his country Cuba would train and give skills to our people in South Africa. [Applause.] In the then South Africa, blacks were denied quality education and skills training. Blacks were not allowed to enter technikons. But I’m surprised today that the DA wants to come to the forefront and say ``give them the skills’’ when in the past they refused our people entry. [Interjections.]

I was there. As we celebrate the anniversary of our Constitution, we must not forget where we come from. This Constitution was not merely negotiated, but it comes from the blood and the sweat of the black people of South Africa under the leadership of the ANC. Therefore, it is appropriate to show its relevance to legislation that regulates how the three spheres of Parliament could co-operate.

Section 41 of our Constitution makes important but very general provisions in terms of which the allocation of this national budget is transferred and implemented to ensure that services are delivered to the people.

In subsection 2, it makes reference to the Act of Parliament that must establish or provide structures and institutions to promote and facilitate intergovernmental relations and provides the appropriate mechanisms and procedures to facilitate settlements of intergovernmental disputes.

This ANC-led government proposed the Intergovernmental Relations Framework Act that now does what section 41(2)(a) and (b) says it should do. And in doing so, the Act regulates a national relationship between national, provincial and local government spheres as we manage and spend the funds that have been allocated to ensure that people have some clean running water in their houses and that we eradicate the bucket system as we work towards ensuring that schools and clinics have water and sanitation.

I’ve lived in South Africa for a very long time, and it was distressing to see black children being denied water. But if you bring in water, you would see those little girls running and washing those tiny little hands – smiling at the water and splashing each other with water and giggling.

Following principles of co-operative government, the department is actively engaged in programmes such as Project Consolidate to improve the sector management capacity and the Integrated Sustainable Rural Development Programme and urban renewal to support the economic growth and development. With specific attention to the government’s plan of action in the state of the nation address, the department is assisting with the improvement of access to basic water supply and sanitation services, and meeting government’s target. Challenges include funding, better implementation capacity and sustainable management by water service authorities.

The direct responsibility for infrastructure in daily operations has moved from the national department to the water service authorities at local level. Funding in future will come from the Municipal Infrastructure Grant, the local government CTII equitable share and capacity building grants.

According to the department’s strategic plan and its estimated national expenditure, the free basic water supply programme is well established and coverage is progressively improving. The key focus now is to extend this to the free basic sanitation. However, linked to the rolling out of the free basic water supply is an aspect mentioned earlier of ensuring appropriate infrastructural support. In order to supply free basic water to those who qualify, we require properly installed and serviced water meters in all settlements across our country.

The Departments of Water Affairs and Forestry, Local and Provincial Government, Public Works and local government structures remain busy strategising on how to ensure that systems are installed, implemented and properly maintained. This means that there must be an interdepartmental deliberation aimed at strengthening service delivery. We cannot underestimate the importance of clean running water in the lives of people. Many times the existence of taps, pipes and water pumps are taken for granted.

It is shocking to realise that in many parts of the world, including the coldest and most rural areas, there are often no such amenities. It is therefore our duty as ordinary citizens, where these amenities exist, to take pride in them, protect them and assist with their maintenance by paying our accounts, be it water accounts or taxes, as these assist government departments to ensure that they can appoint more appropriately trained staff to ensure free basic water to those who need it as well as maintain the system so that all of us can indeed have water for use in our kitchens, bathrooms, toilets, gardens, farms and industries.

In the year that we are reflecting on, there were several things that set us back. We have a drought that seems set to be continuing into the coming years. The ANC is fully aware of the challenges that this brings to local government structures, water boards, the Department of Water Affairs and Forestry and provincial governments. These challenges mean that public servants across all departments as well as in all three spheres of government must follow the principle of “People First”, Batho Pele as they deal with such challenges.

Of course it also means that the provisions of the Intergovernmental Relations Framework Act and other public service regulations must be appropriately implemented; and where necessary amended as years go by to ensure that they deliver better services to all people, especially in such drought-stricken areas. Hand in hand with the drought, a number of fires caused havoc during the season.

The ANC urges the departments involved and local government structures to prepare for the next fire season and use the lessons that were learnt from the past years to ensure that people see to it that infrastructure, agricultural land and livestock remain protected. We note that some of the lessons learnt from the past fire season are being implemented as some areas of temporary unplanted areas are being reduced in some provinces, and fire readiness on the plantations has been significantly improved.

The ANC has a policy for the creation of jobs for all who live on the land. We have over time amended some of our policies to be more realistic so that we can ensure that where there are possibilities of job creation, programmes are put in place to create jobs for those who need it. [Time expired.] We support this budget. Thank you, Chairperson. [Applause.]

Ms N C NKABINDE: Chairperson, hon members, allow me to congratulate the Minister on her new appointment, and welcome the soon-to-be appointed new Minister. The Budget before us represents government’s responsibility for one of the most basic human needs, namely, the provision of water; so important that it is specially identified as a basic human right in our Constitution.

The department is steadily moving away from its role as policy implementer to that of policy developer, regulator and sector leader. This in itself is not a negative thing. The UDM welcomes the devolution of powers and responsibility to a level where the actual service delivery occurs.

There is nonetheless a danger in the overdevolution of powers and responsibilities. After all, this House still needs to hold somebody accountable for what is the delivery of a guaranteed constitutional right. It is especially disconcerting that among those who are receiving greater responsibility for water delivery is local government, which regrettably has a poor track record in general and in particular, when it comes to major infrastructure and reticulation.

The various agencies - both regional and local - that the department is devolving responsibilities to, must be provided with extensive skills and assistance before they take control of our water resources. And once these agencies and local government assume their responsibilities, they must be subjected to continuous and intensive scrutiny and monitoring. The UDM appeals to the Minister and the department to make absolutely certain that vital services and infrastructure will not be devolved to other agencies or tiers of government until there’s a 100% confidence in their ability to deal with such responsibilities.

We also appeal to the department to allocate a greater portion of their budget towards capacity-building within the agencies and institutions, which are and will be taking over water-related responsibilities. The UDM supports the budget. Thank you, Chairperson. [Time expired.] [Applause.]

Mr H B CUPIDO: Chairperson, water is one of the most precious commodities of any nation. A nation can survive without oil and all other minerals like diamonds and gold, but without water, a nation cannot survive for a single day. Therefore South Africa must set a very high standard of availability of usable water that is pure and acceptable for home use, and that is in line with international standards.

This I don’t doubt: South Africa is one of the few countries where water can be accessed directly from taps. But the recent rumours regarding infestation of our water have diminished the confidence that the public has in the quality of our water. This is a matter that needs to be addressed urgently.

The ACDP is pleased that the Minister and her department have taken new initiatives to ensure that there is pure water for the public. The ACDP is also encouraged by job creation initiatives that have been put into place by Water Affairs and Forestry. The visible cleaning of rivers and streams has made a significant contribution to addressing the unemployment crisis in our country, but still needs more attention.

Forestry initiatives among the rural poor have also led to increased job creation and benefits for the rural poor and the unemployed. I am sure that congratulations are in order for those communities who have so diligently adhered to the campaigns for saving water during the recent water restrictions in the country. Because of the rain that the country has been blessed with, it sometimes seems as if we have forgotten the droughts that we had just recently.

However, the ACDP’s major concern in this regard is that we still need more awareness campaigns on conserving water in our communities. [Time expired.]

Ms T E LISHIVHA: Ndo livhuwa Mudzulatshidulo, Dziminisita dzothe na mirado yothe ya Buthano la Lushaka. Khamusi ndi saathu u sumbedzela uri zwine ra do vha ri tshi khou amba ngazwo hafha ndi zwifhio, ndi tea u thoma nda vha talutshedza zwauri hu tou vha u lugisa zwo tshinyadzwaho nga vhanwe vhathu.

Kha ndi sumbedzele uri a zwi leluwi uri zwithu zwo tshinyadzwaho nga munwe muthu zwi vhuelele ngonani. Ndi ngazwo musi ri tshi sedza ra wana mushumo u tshe mulapfu kha uri vhathu vha mahayani vha wane madi na mabunga nga u tavhanya. Ngauri vho zwi itaho kha minwaha ila yo fhiraho, vho vha vha sa sedzi vhathu vha mahayani sa vhadzulapo vha Afurika Tshipembe. Ndi ngazwo vho vha vha tshi sokou vhea milindi ya madi hunwe na hunwe, naho hu nga vha hu dakani, vha sa sedzi uri hu na thodea naa.

Vhudzuloni ha uri vhathu vha wane madi ho vha hu tshi bwiwa mulindi uri zwifuwo zwi wane madi ngauri huna vhe vha vha vho di vhudza zwauri Afurika Tshipembe ndi lavho. A huna zwe vha itela vhathu vhashu vha mahayani ngauri vho vha vha si na pulane yazwo hezwo zwithu. Vho vha vha sa zwi divhi zwauri hu na vhanwe vhathu vhane vha dzula mahayani. Zwino muvhuso muswa wo dzhenaho, u khou lwa na u lugisa, ndi ngazwo zwi tshi khou dzhia tshifhinga uri zwithu zwi luge.

Kha ndi ri hoyu muvhuso wo rangwaho phanda nga ANC u a kona ngauri zwino wo no netshedza vhathu vha fhiraho 60% madi o kunaho. Ndi dovha hafhu nda takadzwa na ngauri mbalo ya vhathu vha si na madi na mabunga i a divhea, ngauri zwihulwane ndi u shumisana. Ndi ngazwo ANC i tshi ri rothe, ri nga zwi kona.

Vhathu vha linganaho 31,9 milioni, vha khou wana madi kha mbekanyamushumo ya madi a vhuthogwa nga fhedzi. Ngoho ndi ya uri huna mushumo munzhi une wa fanela u itwa nga hoyu muhasho musi ro sedza nyisedzo ya madi na mabunga mahayani. Zwinwe zwi vhavhaho ndi zwa musi vhathu vha tshi nwa madi na zwifuwo na phukha dza daka fhethu huthihi. Tsumbo, Limpompo kha tshitiriki tsha Vhembe, muvhunduni wa Tswera. Nyimele ya hone i pfisa vhutungu. Musi muthu o sedza madi a hone nga ngomu tshisimani a nga si tende zwauri a nwiwa nga vhathu ngauri o dala matari, malelebvu na zwinwe vho zwine muthu a nga si zwi bule.

KwaZulu-Natal na hone, hu na hune vhathu vha nwa madi na zwifuwo, zwine zwa fhedza zwo thithisa mutakalo wavho, nahone zwa vhanga malwadze o fhambanaho. Hezwi zwothe zwo itwa nga havhala vho fhiraho. Fhedzi ndi khou livhuwa Muhasho wa zwa Mutakalo ngauri musi ri tshi dalela Tswera, ro wana vhe kha fulo la u gudisa vhathu uri vha vhilise madi phanda musi vha tshi a shumisa.

Kha ndi dovhe hafhu ndi sumbedze zwauri hafha fhethu hune vhathu vha nwa madi a tshikha, hu na milindi heila yo bwiwaho nga houla muvhuso wo fhiraho, ine ya sa tsha shumiswa. Zwi nga vha hani arali muhasho wa ita uri milindi heyi i vusuludzwe u itela uri vhathu vha kone u wana madi avhudi nahone o kunaho.

Ofisi dza dzingu kha dzi lingedze uri dzi wane muvhigo nwedzi munwe na munwe u itela uri vha divhe uri hu khou itea mini malugana na madi. Sa tsumbo, kha muvhuso wapo wa Makhado hu khou wanala uri mitshini ya u bommba madi na dzi phaiphi, zwi khou tshinyadzwa na u tswiwa nga vhathu vha sa divhei. Kha milindi ya 19 ho sala milindi mina fhedzi ine ya khou shuma zwa zwino. Zwinwe ndi zwa uri heyi milindi i vha i songo tsireledziwa nga ndila ine mafobvu vha sa kone u i vhona. Zwavhudi ndi zwauri ndo pfa Vho Minisita vha tshi ri zwi khou dzudzanyiwa uri milindi i tsireledzwe u itela uri mitshini i sa tsha tswiwa.

Muhasho kha u dovhe u lavhelese uri madi ane wa khou a netshedza vhathu o kunakiswa, nahone o tea mutakalo wa vhathu. Hu na madi ane vhathu vha balelwa u a nwa nga mulandu wa uri a na muno. Hunwe fhethu mano a vhathu o sina nga muno; vha tshi vhudziswa vha ri ndi madi. Hoyu muhasho wo tangana na mivhuso yapo, u fanela u sedza uri havha vhathu vhatuku vhane vha kona u di bwela milindi ya madi dzi dzharatani dzavho, vha a thusiwa nga vhutanzi ha uri vha tea u bwa mulindi wa vhukule vhungafhani na bunga. Hezwi ndi ngauri hayo madi a vha a tshi khou shumiswa na nga vhanwe vhathu vha tsini, ngauri madi a a fhela vhege mbili u ya kha tharu. Zwenezwo zwi vha kombetshedza uri vha renge madi kha havho vho dibwelaho milindini yavho.

Fhedzi nga uri heyi mbekanyamushumo ya Asgisa yo vhetshela masheleni a linganaho R370 bilioni ya mveledziso ya zwifhatwa, ya dovha ya netshedza R5,2 bilioni kha zwifhatwa zwa madi, ndi na ngoho ya uri zwithu zwi do khwinisea. Hangei Limpopo hu na thandela yo thomiwaho nga Asgisa ya u fhata damu la De Hoop, line la do thusa vhoramabindu na vhathu vhothe vha henefho tsini; u fana na kha tshitiriki tsha ha Sekhukhune.

Kha sia la mabunga na hone zwi pfisa vhutungu ngauri mahayani vhathu vhanzhi vha kha di shumisa u ya dakani musi vha tshi toda u di thusa. Hu kha di vha na mushumo wa u ita uri vhathu vha mahayani vha vhe na mabunga a vhukuma. Hunwe ri wana uri musi vhathu vha tshi netshedzwa mabunga hu na mazennge ane a rengwa o fhatwa mavhengeleni. Ngoho a si one. Zwine zwa amba uri ha ngo lugela u shumiswa nga vhathu. Zwi a wa nga muya nahone zwinwe a zwi fhedzi na nwedzi.

Ngauri mabunga a nea muthu tshirunzi, kha ri vha fhe hetsho tshirunzi vhathu vha Afurika Tshipembe. Hafha ndi khou humbela muhasho uri kha u ambe na minwe mihasho uri hune vha vha na zwifhato kha vha vhone uri mabunga a hone, nahone a khou shuma. Mahayani ri na vhuleme zwikoloni na dzikiliniki ngauri a hu na mabunga.

Ro zwi vhona musi ri tshi khou dalela mavundu u ya nga u fhambanana hao. Hu na mihasho minzhi hangei hune nda bva hone, ine arali muthu o ya u toda thuso, a pfa o farekanea, a tea u tou kondelela u swikela musi a tshi fhedzi. Zwino kha ri sedze uri hu nga bvelela mini, ngauri hoyo muthu u vha e kha mutsiko, zwine a si zwavhudi ngomu ha muvhili wa muthu.

Zwifhato zwinwe ri wana uri ndi zwa kale. A si muvhuso hoyu wo zwi itaho; zwi na minwaha ya 30 u ya kha 40. Zwino muhasho hoyu na muvhuso muswa, kha vha sokou zwi vusuludza ngauri a hu na zwine vha nga ita. Kha ri dovhe ri sedze uri afha mahayani vhathu vha na ndivho naa ya u vhulunga madi, ngauri hu na madi ane ra wana a si na mushumo; khamusi a tshi khou sokou elela. Tsumbo, madi a mvula.

Hezwi ri tshi khou sedza u shayea ha madi, kha ri sedze na u vhulunga o no shumaho ngauri a ri thusa kha u sheledza ngade dzashu. Zwino muhasho kha u sedze na tsireledzo ya milambo. Kha i kunakiswe. Milambo a si ya u latela mashika. Tsini ha milambo kha ri vhone na hone ho kuna. Zwinwe ndi zwauri musi hu tshi vha na midalo, ri wana uri midi ine ya vha tsini na milambo ire na mabunga a songo teaho, zwi a tanganana, zwa vho fhedza zwi tshi vho vhangela vhathu malwadze o fhambananaho.

Zwa zwino milambo minzhi i khou tshinyadzwa nga vhadzia vhutali ngauri vha khou bwa mitavha vha tshi hwala nga matiraka vha tshi ya u rengisa, lune zwa vho sia mulambo u sa tsha kona u fara madi. Arali muhasho u tshi zwi kona, kha u ye u tolela milambo ine wa divha uri i tsini na vhathu, uri u vhone nyimele yayo. Zwa zwino milambo minzhi hangei mahayani yo tshinyadzwa.

Ndi dovha hafhu nda pfa ndi na fulufhelo kha hoyu muhasho ngauri u na mbekanyamushumo ine vha khou tshimbila na zwikolo vha tshi gudisa vhaswa nga ha madi, ine ya vhidzwa u pfi Baswa le Metsi; ngauri holu ndi lwone lushaka lwa matshelo. Hezwi swi sumbedza uri kha madi zwithu zwi do tshimbila zwavhudi. Khamusi vha do imisa na hedzi dzi soredzhi dzine dza shululela madi a mashika milamboni ine madi a hone a shumiswa nga vhathu.

Vhanwe vhane muhasho wa nga fanela u vha sedza ndi avho vhane vha isa tshumelo ya madi kha vhathu ngauri vhunzhi havho a vha ngo tsha sedza u isela vhathu madi; fhedzi vho sedza u dipfumisa vhone vhane. Zwino rine sa muhasho hoyu, ri khou sedza na u tutuwedza uri vhathu vha hashu, kha vha sedze nyimele ya hunwe na hunwe hune vha vha vhe hone. Ndo livhuwa. Ndi khou tikedza mugaganyagwama uyu. [Tshifhinga tsho fhela.] [U Vhanda Zwanda.] (Translation of Tshivenda speech follows.)

[Ms T E LISHIVHA: Thank you, Chairperson, all Ministers and members present in the National Assembly. Before I make my presentation, I wish to indicate that what we are doing is to control the damage caused by others.

Let me point out that it is not easy to fix the damage done by others. It is for this reason that we still have a long way to go in ensuring that people from the rural areas get water and sanitation as soon as possible. The previous regime did not have the welfare of the rural residents at heart. All they did was to make boreholes everywhere, without proper surveys.

This did not contribute anything good regarding the supply of water. There are those who declared South Africa their private property. They did nothing for our rural residents, for they never had any plan for them. It seems as if they did not know that there were people living in the rural areas. The new government is doing damage control, so no wonder this is taking so long.

Let me state that the ANC-led government is capable, as it has supplied more than 60% of the people with clean water. It is pleasing to note that the number of people without clean water and sanitation is known. It is good to work hand in hand. That is why the ANC says, “Together we can make it”.

Close to 31,9 million people are getting water for free. This department still has a lot to do regarding the water supply and sanitation in rural areas. Another thorny issue is when people and wild animals drink from the same source. Tswera village in Limpopo province is one such example. The situation there is pathetic. They are drinking filthy and contaminated water.

In KwaZulu-Natal there is a place where people and wild animals drink from the same source. This puts their health at risk. All these things are legacies of the past. I wish to thank the Department of Health for teaching the people of Tswera to boil the water before drinking it. Let me repeat that these people do not have access to clean water as they only have useless boreholes which the previous regime provided. I think the department should revitalise these boreholes to ensure that people have access to clean water.

Regional offices must get monthly reports regarding the state of affairs in the water supply programme. For example, in the Makhado local municipality, water pumps have either been damaged or stolen by anonymous people. Out of nineteen boreholes, only four are functional. The other problem is that these boreholes are not secure.

Let the department also see to it that it supplies clean and healthy water. In some areas there is brackish water that people also find hard to drink for fear of the bad effect on their teeth. The department, in conjunction with the local governments, must ensure that borehole companies are advised against making boreholes near toilet pits. This is in view of the fact that many households rely on neighbours with boreholes for water.

Since Asgisa has set aside R370 billion for infrastructural development and R5,2 billion for water supply, things will get better. We have in Limpopo the De Hoop dam-building project, an Asgisa initiative that will assist business people and everyone in the vicinity, especially those in the Sekhukhune area.

We still have a situation in rural areas where people go to the bushes to answer the call of nature, as they do not have toilets. We still have to supply those people with proper toilets. In some cases people are supplied with poorly built zinc toilets from some of the shops. Such structures are poor and do not last. Let us restore our people’s dignity by providing them with good toilets. In some departments in my constituency people do not have toilets and are forced to wait until they get home to relieve themselves. This situation puts one’s health at risk.

Some buildings are dilapidated and need to be renovated as they have been in use for more than thirty years. Let us also assist our people with a way of saving water to avoid unnecessary water loss.

Used water must be recycled for watering our gardens. The department must also look after our rivers to ensure that the water and the surrounding areas are clean. People must refrain from answering the call of nature near our rivers as this causes some diseases.

There are those who get building sand from the banks of our rivers in order to sell it privately. This affects our rivers badly in that they cannot retain water. I think the department should inspect all our rivers to see in what condition they are. Many river banks are badly damaged. I have confidence in this department, since they have a Baswa le Metsi programme aimed at teaching our youth more about water. This will bring everything to order. Maybe this will also help prevent sewage from spilling into the rivers, which are our sources of water.

Other people who need to be regulated are those private water suppliers who concentrate more on self-enrichment than on service delivery. As the Department of Water Affairs and Forestry, we need to motivate people to work on their particular situations. Thank you. I support this Bill. [Time expired.] [Applause.]]

Mr W D SPIES: Hon Chair, a lot has been said about the inheritances of the past, and surely many of these legacies may not have been pleasant to deal with, and still pose major challenges to South Africa’s leadership.

When it comes to South Africa’s water storage and conservation systems, however, it needs to be said that the system that was inherited in 1994 knows no equal in Africa or even in the world and, of course, the efforts that have been made since then to make these resources accessible to all should be commended.

It is indeed true that South Africa is a country suffering from a severe scarcity of water, but the country has done a great deal in the past 70 years to maintain and develop its water resources through the construction of dams, reservoirs and advanced water- purification systems.

Given the scarcity, the need for water has become one of the most emotional and even potentially explosive issues in our country’s past. One need only look at the huge amount of court action that has been instituted in respect of disputes surrounding water to realise the position in this regard.

Given this background, the FF Plus was shocked by the remarks made by the hon Minister’s personal adviser, Professor Dennis Goldberg, at a summit in Gauteng in March this year, stating that white South Africans are the scapegoats when it comes to the wasting of water. In our view, the remarks by Professor Goldberg were irresponsible and malicious and they are just not acceptable, given our history.

We have requested the Minister to clarify this matter but, to date, we have only received an acknowledgement of receipt. For South Africa to move forward, we need to leave the stereotyping and senseless remarks, such as Professor Goldberg’s, outside the national debate. I thank you.

Mr P H K DITSHETELO: Congratulations, Minister. In order to examine the budget of the Department of Water Affairs and Forestry, it is imperative to bear in mind the policy shifts to decentralise functions and finance to local governments in order to accommodate capital funds for basic services to municipalities, under the municipal infrastructure grant. Therefore the Dwaf will be responsible for compliance with water and sanitation conditions, ensuring that municipalities maintain focus on ending the water and sanitation backlog.

As at 1 April 2005, the current backlog in water supply is 3,7 million people who have no access to any form of water-supply infrastructure, in addition to the 5,4 million people who have some access but have to be brought up to a basic level of service.

The water supply target for 2006-07 is for 1,5 million people to be provided with a basic water supply, that a further 4 million have infrastructure, and although they do not yet have a formalised free basic water administrative system in place, that they are getting free water. This brings the total to 19,2 million of 22,4 million people. The Dwaf plays a very important role in monitoring water purification and waste- water treatment works operations, as well as in the facilitation of project selection. It also trains councillors and officials in water services and water-demand management. The ACDP will support the Vote. [Time expired.] [Applause.]

Mr J D ARENDSE: Chairperson, South Africa is one of the few countries in the world that formally recognises having water as a human right. Its national water and sanitation programme, which is one of the largest national programmes in Africa, aims to deliver sustainably in terms of this right. Both the recognition of water as a human right and the development of the national water and sanitation programme derive from the advent in 1994 of South Africa’s democratic era.

The right to have access to water can be seen to place two interrelated but distinct obligations on the state. Firstly, it must ensure that all people have physical access to water. This means that the facilities that give access to water must be within safe physical reach for everyone, especially the vulnerable and the marginalised. Concerning the distance of a tap from home, a uniform standard of a maximum distance of 200m away from any household has been set and implemented as policy.

Secondly, the state must ensure that all people have economic access to water. This implies that the cost of accessing water should be pegged at a level that will ensure that all people are able to gain access to water without having to forego access to other basic needs. It is a violation of this right if the state allows people to continue living in terrible and intolerable conditions without access to water, as provided for under section 27 of the Constitution. Such conditions are harmful to the health and wellbeing of individuals.

The success of the national water and sanitation programme was derived from the political context in which it was developed. The 1994 democratically elected government had a vision for South African society. This was encapsulated in an aim of the Reconstruction and Development Programme, which argued that an improvement in the quality of life of the majority of South Africans was needed to enable economic growth, and that economic growth was needed to sustain an improved quality of life.

The aims of the RDP were underpinned by the adoption in 1996 of the new Constitution, which entrenched the Bill of Rights that included extensive social, economic and environmental rights. The community water supply and sanitation programme thus became not just a short-term activity by Dwaf under the RDP, but an integral element of the nation’s human rights programme.

In a relatively short period the national capital works programme has constructed an extremely large number of water-supply schemes designed to serve about 7 million people. However, it is uncertain whether all the numbers cited actually benefit, since the user numbers were calculated on the basis of assumed rather than actual use. Many of the schemes use comparatively high engineering-driven standards, and these may be difficult for local authorities to maintain. It is therefore important to ensure that the schemes remain functional and continue to serve those numbers of people.

An independent field survey could verify these large achievements and could generate useful lessons for the local authorities responsible for these services. The policy of free basic water is a recent innovation in South Africa. It will take some years to assess whether it is financially viable. Its viability will largely depend on the country’s ability to generate sufficient revenue either directly through differential tariffs, or indirectly through the taxation system and national Budget.

The Constitution mandates local government to receive an equitable share of the national revenue for delivering basic services, and the present government is firmly committed to ensuring that this is a reliable source of income.

Sanitation is a critical area. The cholera epidemic in 2000 provided a huge stimulus to address the country’s slow rate of progress in sanitation. The slow progress was partly due to the following factors: firstly, most communities have always strongly prioritised water supply; secondly, the absence of a good system for promoting improved sanitation at community level; and, thirdly, while the system used for water is community-based, that for sanitation should be household-focused, which previously has not been the government’s strength.

The Cabinet, however, recognised the importance of this issue and has given Dwaf the mandate to co-ordinate the work of all other role-players in sanitation. Dwaf, in turn, has created a dedicated sanitation programme to undertake this aspect of the work. All the policies of government mentioned by me thus far, as well as those mentioned by my ANC colleagues who have addressed this House before me, were ANC policies first and were developed to create a better life for all. ANC policy did not just appear from some mysterious place; it emanated, grew and was sculptured out of struggle, battle, war and ordinary life. That is something that cannot be denied.

The contract that was developed during the last national elections has a direct link with the manner in which many of the ordinary citizens of the country - which of course includes Ministers, Members of this Parliament, workers, prominent leaders in business and the judiciary - struggled to free this country.

In case we forget, many of us remained linked to the very first armed rebellion when, on 10 June 1906, Inkosi Bambatha and his warriors were cheated into defeat by the colonialists. In case we forget, many of us still cry in the silence of the night for comrades lost in Sharpeville. Many of us still mourn those lost in 1976 and the continued student uprisings deep into the 1980s and the armed revolution that was waged on the borders and in our neighbouring states.

However, we did not stagnate into war and battle. The ANC initiated and led the negotiations and took charge of transforming the multiple departments per sector to create unified departments, and that is not where this ended. The ANC-led Ministries drove the manner in which policies were fleshed out into programmes.

The ANC is acutely aware of how important water is for development. That is why we remain, during this deliberation on Vote 34, rooted in the need to recognise where our policies emanate from. We treat a budget as a tool through which funds are appropriately allocated to departments that then assign them to programmes based on ANC policy.

The ANC in this portfolio committee remains firmly committed to overseeing that such funds are spent appropriately. We do so by engaging the department on what, how and why funds were allocated in particular ways. We further ensure that the department, water boards, local government structures and other entities report to us so that we can make sure that all sectors of our developing country receive clean running water and sanitation services. We do this because we remain the people who struggled. We remain the cadres of the movement that has been entrusted, through our contract with the people, to transform this country.

In quoting from an African elegy by the poet Ben Okri, the President of the ANC stated that to transform our country, we must remember the dead -

… the martyrs of the African struggles, who were calling on the living not to lose the fire in their souls to bring about change,to avoid violence in their continuing struggle, and to continue to sustain the hope informed by the knowledge that one day our suffering will turn into sweet things, which all humanity would, in the end, consider one of the wonders of the earth.

Comrades, we support this budget that we believe stresses the direction which our past political struggle maps out for us, as its principles and values are enshrined in the Constitution of this country. They form part of the fibre of each piece of legislation that we pass in this House. If they do not, it is the fire in our souls that burns there - through the acts of struggle of Bambatha, Lembede, Luthuli, Hani, Fischer, Fransch, Slovo, Tambo and Sisulu - that guides us to actually redraft them.

When we then redraft, we do so following the direction guided by the same aim - that is to free our people even more, to ensure that they have better access to something they each take for granted: clean water running out of a tap into a glass, and a flushing toilet. We have specific targets for these.

As this Budget Vote 34 and the Dwaf’s strategic plan are aligned to achieve the eradication of the bucket system in the 2006-07 financial year and to have clean running water by 2010 in every household, the ANC supports this Budget Vote. I thank you. [Applause.]

Dr S E M PHEKO: Madam Chair, hon Minister, the PAC supports the Budget Vote on the Water Affairs and Forestry department. Obviously, I cannot say much on this important subject in two minutes. What I can emphasise is that competition over scarcity of water supplies is bound to be the cause of both global and regional conflicts in the future.

Water has already caused violent conflicts in some countries like Kenya. South Africa, with only one third of the region’s population consumes 80% of the water. This imbalance is amplified when one looks at who is using more water within the country. The apartheid legacy underlies the fact that irrigation farmers who represent a very small population in South Africa use 50% of South Africa’s water.

The building of large dams seems to be one of the major ways to preserve water. South Africa ranks among the top 13 countries of the world in terms of building large dams. This is to be encouraged. Countries, like Congo, which have a large supply of water must be developed so that it’s waters can benefit the African continent. This is why the Pan-African vision is so essential for Africa’s prosperity and recovery.

What is clear is that underdeveloped areas of this country need clean water for drinking and for emerging farmers to be successful, therefore, more money must be spent on water. Water is an essential commodity of life. Everything must be done to ensure that it is not in short supply. Water is equivalent to food security. Skills-related water and forestry are imperative and urgent. This training must be made available in our institutions of learning in order to avoid perpetual dependency on foreign skills. As far as forestry is concerned, I can simply say that there must be increased forestation, especially in the rural areas so that environmental damage and soil erosion may be stopped. I thank you. The country is ours! [Applause.]

Mr R B BHOOLA: Chairperson, when we consider the following facts that 71% of the earth is covered with water; that 72% of the fat-free mass of a human body is water; and that the quality and quantity of the water we consume have a dramatic impact on our health, we seriously question the survival of people. How are many of our people surviving without access to clean running water and sanitation?

I will compliment the department on their well-diversified plan of action to deliver. The MF acknowledges that this delivery is dependent upon co- operative governance between the department, municipalities and the Department of Provincial and Local Government. However, concern is expressed when over the last year 63% of municipalities were uncertain about whether they complied with the drinking-water quality standards.

In the light of this, the MF requested that the intense monitoring, auditing and support, as convened in the Free State, be extended to all provinces to improve the quality of service delivery of municipalities and to address issues that hinder service delivery. In line with the free basic water programme, much progress has been reported but many still have to be brought in line with basic levels. As for eliminating the bucket system, the MF seeks its complete eradication by 2007 with the 23 100 bucket toilets in informal settlements to be replaced by adequate sanitary facilities.

Attaining these goals is also dependent on public-private partnership and capacitating local government. While the National Water Resource Strategy, NWRS, has been adopted to give municipalities and local government a strategy in managing water resources, our concern is how many of these are actually adhering to the NWRS? The MF, in the light of this and to improve municipal infrastructure to facilitate delivery, believes a greater awareness of the importance of water and the reality of the South African situation must be intensely initiated, such as at the National Water Summit where the hon Minister stated that: “Water is the catalyst for growth and development and, therefore, is central to all aspects of our lives”.

We need to note the department’s efforts to recruit people at large to assist them in their plight to deliver to our people … [Time expired.] The MF supports the Budget Vote. [Applause.] Ms M N S MANANA: Madam Deputy Chairperson, hon Ministers, Deputy Ministers, hon members, officials of the department, stakeholders, comrades, ladies and gentlemen, thank you for affording me this opportunity. Allow me also to take this House back to 1994 when 15,9 million people out of the population of 39,8 million people did not have access to basic water supply.

The ANC-led government through its policies realised that water is the basic necessity for our people. By April 2005, government had provided clean, safe water to a total of 15 million people, taking into account the population growth of 1,89% per annum, which amounts to 48,1 million of the total population. As we acknowledge this great effort of government, we must also not ignore the challenges that lie ahead.

Water has remained the first priority of the ANC-led government and without water we can neither cultivate our land, nor can we develop industries in order to manufacture goods and do proper business. It is the ANC policy to ensure that people who do not have enough resources should receive free basic water. We do this so that people who struggle to make ends meet are supported to have at least some water that they need free.

The President in his state of the nation address of 2006 highlighted the target to attain water and sanitation provision within the underlying intention of the Accelerated Shared Growth Initiative for South Africa, Asgisa. Indeed, this country has a slight backlog in as far as infrastructure is concerned. In order to calculate the quota of free water that people are entitled to, we need well-maintained water meters in place. The department is addressing this through some of the 12 subprogrammes into which the water resource management programme is organised.

For the purpose of this debate, it is useful to give attention to the sustainable and equitable supply. Free basic water is supplied through the subprogrammes of the equitable supply that deals with the policy, planning and regulatory functions that are required to roll out the ANC policy to protect the poor and develop them. It is through these subprogrammes that the reliable and equitable supply of water is implemented to ensure sustainable economic and social development, including the eradication of poverty.

The expenditure trend for the subprogrammes on operations for water resources shows a decrease of 52% between 2005-06 and 2006-07. This is because the Working for Water Programme has been shifted to the sustainable supply subprogramme. There is a reason behind the shift that the Department of Water Affairs and Forestry is making as it moves allocations from one programme to another. The reason is that while we are debating a budget, water remains a scarce resource.

Given the policy aimed at eradicating poorly resourced households by ensuring clean running water by 2010 and proper sanitation services by 2007, the department is being guided to ensure that the funds are shifted to strategically correct programmes. Even such technical issues have much to do with the ANC recognition that the budget is the tool for the continued transformation and development of the previously ignored majority of our country.

The Working for Water Programme together with the Expanded Public Works Programme of the Department of Public Works are two examples, in which the ANC-led government ensures that the lives of our people are made more sustainable. Despite these backlogs, yet another target is set for 2007 to supply and provide basic water to 1,5 million people.

In Minister Sonjica’s 2005 budget speech she referred to the national survey, which reflected that 63% of municipalities could not confirm whether they comply with the drinking water quality standards. Following the outbreak of typhoid in Delmas, the Department of Water Affairs and Forestry followed this up with a more detailed survey and the development of a monthly reporting system.

The department’s regional offices will, thereof, audit this information. In the cases where drinking water does not meet the standards, the department will provide the necessary support. A successful programme is already running in the Free State where this programme of monitoring, auditing and support has rectified many backlogs and compliance has risen remarkably.

Again, let me take the House back with regards to sanitation services. In 1994, 24 million people out of the population of 39,8 million were without adequate sanitation services. By April 2005, for the estimated population of 48,1 million, the backlog is estimated at only 16 million people. The target of 2007 is to provide 300 000 toilets serving an estimated 1,2 million people. By 2007, the bucket system will be eliminated in the formal settlements in the country. This amounts to at least 231 000 bucket toilets that need to be replaced with proper sanitation. The sanitation job creation programme was officially launched in Limpopo in December last year.

As required by the Freedom Charter of 1955, I quote:

The state shall help the peasants with implements, seeds, tractors and dams to save the soil and assist tillers.

I wish to reiterate that the ANC has a policy on the creation of jobs for all who live on the land. We have over time amended some of our policies to be more realistic so that we can ensure that where there are possibilities of job creation, programmes are put into place to create jobs for those who need it.

The forestry sector holds such possibility. In addition to creating more jobs, it will assist with rural development. In line with these recognised possibilities, the Dwaf developed the Forest Sector Charter announced by the Minister Sonjica in 2005. This charter is being further developed. The Minister has just alluded to it in her budget speech.

Sengigcina, ngithanda ukuhalalisela uNgqongqoshe Sonjica ngokuya kwelinye ikomidi. Sithi, “Hamba kahle, besisebenza kamnandi nawe”. Angisho kuNgqongqoshe ongenayo eMnyangweni wezaManzi naMahlathi ukuthi ngethemba ukuthi sizosebenzisana kahle naye njengoba besisebenzisana noNgqongqoshe uSonjica. Ngithanda ukusho kusihlalo wethu, uNksz Connie September, ukuthi ngingomunye ozothatha eminye yemifula yaseMpumalanga ebizwa ngokuthi iMpuluzi River ngiyenze ibe eyami njengoba ecelile. (Translation of isiZulu paragraph follows.)

[In conclusion, I would like to congratulate Minister Sonjica for joining the other committee. We say, “Go well, we worked well with you.” Let me say to the Minister who is joining the Department of Water Affairs and Forestry, we hope that we are going to work as well with you as we did with Minister Sonjica. Chairperson, Miss Connie September, I would like to say that I am one of those who is going to take one of the rivers in Mpumalanga called Mpumuzi River and make it mine as she requested.]

The ANC supports this budget. [Applause.] Mr S SIMMONS: Voorsitter, ek wens graag die agb Minister geluk met haar aanstelling as Minister van Minerale en Energie. [Chairperson, I wish to congratulate the hon Minister on her appointment as Minister of Minerals and Energy.]

I rise in support of the Budget Vote for Water Affairs and Forestry. It is no secret that water is the oil of the 21st Century. It is the resource that is set to become the scarcest, yet water is the one resource needed to service all life on earth.

The Department of Water Affairs and Forestry has received international acclaim for its efforts to reduce enormous water and sanitation backlogs inherited after 1994. But all of these efforts will be meaningless in the long run if the existing infrastructure is not properly operated and maintained.

Research has shown that insufficient attention is being given by the majority of water service authorities and municipalities, to manage the infrastructure. In addition, many authorities have built up backlogs due to years of neglect in respect of maintenance, refurbishment, renewal and replacement. This has serious consequences for the health of communities, as well as for the environment.

An example of this is the self-assessment survey undertaken last year of local and metropolitan municipalities, of which only 37% indicated they were compliant with drinking water quality regulations. Of this amount a total of 61% perceived the water quality to be good, while 58% stated that they do regular monitoring and 49% stated that they comply with the national drinking water standards.

Dwaf conducted a nationwide sanitation sustainability audit in 2004-05, to ascertain the functionality of sanitation projects completed during 1994-

1. The survey revealed that up to 28% of household sanitation facilities have failed or are in the process of failing.

Only 53% of municipalities have adequate operations and maintenance capacity. A total of 78% of municipalities have no operations and maintenance plan for VIPs and 66% of municipalities indicated that they did not have a sanitation health and hygiene education programme. In 2003, 1 544 departmental schemes valued at R9,95 billion were surveyed and are being transferred to local governance.

Although the vast majority of the schemes were working, some needed rehabilitation, 40% because of normal ageing, 19% due to vandalism and 18% because normal maintenance had not been done. I am glad to hear from the Hon Minister that the Cabinet has approved the establishment of an infrastructure agency to assist municipalities and water service agencies with the problem of managing the infrastructure. I thank you. Mev D VAN DER WALT: Voorsitter, Minister en kollegas, metsi ke bophelo. [Water is lewe.] Bowenal het water nie kleur nie. Dit is kleurloos en tog is dit vroeër vanjaar deur ’n professor in die departement in ’n rasverwante uitspraak gebruik toe hy bekendgemaak het dat wittes die grootste vermorsers van water is. Hoe laag wil ’n mens daal om in ’n strewe na ’n nie-rassige Suid-Afrika water, ‘n lewensnoodsaaklike bron, in ’n raskwessie te verander! Ek is egter van mening dat die grootste vermorsing deur lekkende krane en stukkende pype veroorsaak word.

Die doelwitte om teen 2008 toegang tot lopende water en teen 2010 basiese sanitasiegeriewe aan almal te voorsien, en teen 2010 alle emmertoiletstelsels af te skaf, is steeds die department se prioriteite, en alhoewel erkenning gegee kan word aan die Minister, sommige amptenare en lede van die portefeuljekomitee wat vasbeslote is om die doelwitte te bereik, is daar gedurig probleme wat opduik wat die haalbaarheid van die doelwitte verhinder.

Afgesien van faktore buite ons beheer soos droogtes en klimaatveranderings, lê die grootste probleem by die onvermoë van munisipaliteite om eerstens hul begrotings te prioritiseer en dan die finansies reg te bestuur; die onvermoë om byvoorbeeld die billikheids- sowel as die munisipale infrastruktuurtoekennings korrek aan te wend; en natuurlik die totale onvermoë van projekbestuur om enige projek tot by voltooiing suksesvol af te handel, wat natuurlik die gevolg is van die oorhaastige transformasie van personeel waar aanstellings gedoen is weens politieke dienstigheid in plaas daarvan dat die nodige meriete ook erkenning gekry het.

Die instandhouding van die huidige infrastruktuur bestaan in meeste areas byna glad nie meer nie. Die verwaarlosing hiervan gaan uiteindelik miljarde rande kos indien dit ooit weer ’n prioriteit sal wees. Die infrastruktuur in vele landelike gebiede is van uiters swak kwaliteit en is ’n klap in die gesig van die verbruikers aan wie dit moet voorsien en wat daarvoor moet betaal.

Natuurlik is die Minister van Provinsiale en Plaaslike Regering hiervoor verantwoordelik. Dit op sigself spreek boekdele. Aan die agb Mufamadi wil ek in sy afwesigheid sê, water en sanitasie is nie ’n “second-hand business” nie! U speel met die lewens van mense”.

Die DA stel voor dat daar ernstig gekyk word na beter samewerking tussen die twee departemente en ander rolspelers om die doelwitte soos uiteengesit te bereik.

Die wanbetaling vir dienste gelewer moet ernstig aangespreek word. Dit het ’n geweldige negatiewe impak op die uitbreiding van dienslewering na ander areas.

Dit was ontstellend om tydens ’n voorlegging aan die komitee op 22 Maart 2006 van Lepelle Northern Water te hoor dat die kredietkontrolemaatreëls deur die ANC-distriksburgemeester in Mopani, Limpopo opsygeskuif is omdat dit vir die ANC tydens die verkiesing nadelig sou wees. Dit het bygedra dat die Ba-Phalaborwa-munisipaliteit se uitstaande skuld aan Lepelle Northern Water R90 miljoen beloop.

Dit is egter nie die enigste waterraad met probleme nie; daar is verskeie. Onlangs het ek u, Minister, gevra wat die toekoms van die Bushbuckridge- waterraad is. Ek moet sê, die Bushbuckridge-waterraad is ’n voorbeeld van uiters swak finansiële en tegniese bestuur.

Onlangs verskyn ’n berig in verband met die Umzimvubu-skema wat geruime tyd terug reeds goedgekeur is. Wat is die werklike besonderhede hiervan? Dit is een van die grootste riviere in Suid-Afrika en tans loop al die water in die see – meer as dié van die Oranje- en amper soveel soos dié van die Tugelarivier.

Dit blyk dat hidroëlektrisiteit van bykans 1 200MW hieruit opgewek kan word. Die grond hier is uiters geskik vir besproeiing en kan vir die verbouing van verskeie produkte aangewend word, onder andere ook vir sojabone wat verwerk kan word tot nuwe-generasie brandstof.

Dit is onaanvaarbaar dat juis die area wat bykans die helfte van ons hoëpotensiaal grond beslaan, onbenut lê in ’n area waar die meeste van die land se armes woon.

Oor Bosbou, wat tans die mees afgeskeepte eenheid in die departement is, het die DA groot kommer. Hoekom is daar aantygings dat die tenderproses van losmaat dennesaaghout van Komatiland in Mpumalanga en Limpopo nie deursigtig is nie? Hoekom word inligting op navraag oor wie die suksesvolle tenderaars was en teen watter pryse die tenders toegeken is ná die afhandeling van die tenderproses weerhou?

Hoekom word klein en/of private saagmeulens in plattelandse gebiede, wat voldoen aan die voorgeskrewe bemagtigingsvereistes, en wat werkgeleenthede aan plaaslike gemeenskappe voorsien, benadeel, soos beweer word, tot voordeel van groot internasionale konglomerate soos Global Forest Products, ’n Kanadese maatskappy?

Die prosesse het die onaanvaarbare gevolg dat honderde mense werkloos gelaat word. Gaan die departement die verantwoordelikheid hiervoor neem of word die blaam maar net weer eens op die eienaars van die saagmeulens geplaas?

My tyd is om en ek sluit af. Ek bedank graag die Minister vir haar leiding en voorbeeld wat sy gestel het, en wens haar sterkte toe in haar nuwe portefeulje, en ek hoop die nuwe Minister in hierdie portefeulje gaan haar voorbeeld volg om die span bymekaar te hou en regtig hard te werk. Dankie. (Translation of Afrikaans speech follows.)

[Mrs D VAN DER WALT: Hon Chairperson, Minister and colleagues, metsi ke bophelo [Water is life.] Above all, water is not colour. It is colourless and yet it was used by a professor in the department earlier this year in a race-related statement when he announced that whites wasted more water than anyone else. How low does one want to sink, in striving for a nonracial South Africa, to turn water, an essential source of life, into a racial issue! However, I am of the opinion that the greatest wastage is caused by leaking taps and broken pipes.

The goals of providing everyone with running water by 2008 and with basic sanitation facilities by 2010, and of having all bucket toilet systems abolished by 2010, remain the department’s priorities; and although recognition can be given to the Minister, certain officials and members of the portfolio committee who are determined to achieve these goals, problems are forever occurring that hinder the feasibility of achieving the goals.

Apart from factors beyond our control such as droughts and climatic changes, the greatest problem lies in the inability of municipalities firstly to prioritise their budgets and then to manage their finances correctly; the inability, for example, to make the correct use of the equitable share as well as the municipal infrastructure grants; and of course the total inability of project management to complete any project successfully which is of course the result of the too hasty transformation of staff, where appointments were made on the basis of political expediency instead of giving recognition also to the necessary merits.

The maintenance of the present infrastructure has become almost non- existent in most areas. This neglect will eventually cost billions of rands should maintenance ever become a priority again. The infrastructure in many rural areas is of a very poor quality and is an insult to the consumers to whom it must be provided and who have to pay for it.

Of course the Minister for Provincial and Local Government is responsible for this. That in itself says a lot. To the hon Mufamadi I want to say in his absence, water and sanitation are not a “second-hand business”! You are playing with the lives of people.

The DA proposes that serious consideration should be given to better co- operation between the two departments and other role-players in order to achieve the goals as set out.

The nonpayment for services delivered should be seriously addressed. This has a tremendously negative impact on the extension of service delivery to other areas.

During a submission to the committee on 22 March 2006 it was alarming to hear from Lepelle Northern Water that the credit control measures were set aside by the ANC district mayor in Mopani, Limpopo, because that would have been detrimental to the ANC during the election. This contributed to the fact that the Ba-Phalaborwa municipality’s outstanding debt to Lepelle Northern Water amounts to R90 million.

However, this is not the only water board with problems; there are many. Recently I asked you, Minister, what the future of the Bushbuckridge water board was. I must say, the Bushbuckridge water board is an example of very poor financial and technical management.

Recently an article appeared in connection with the Umzimvubu scheme which was approved a while ago. What are the actual details of this? It is one of the largest rivers in South Africa and at present all it’s water is running into the sea – more than that of the Orange River and almost as much as that of the Tugela River.

It appears that hydro-electricity of almost 1 200MW can be generated from this. The soil here is extremely suitable for irrigation and can be utilised for the cultivation of various products, inter alia, soya beans that can be processed into new-generation fuel. It is unacceptable that the very area which comprises almost half of our high-potential land should lie fallow in an area where most of the country’s poorest people live.

The DA is very concerned about Forestry, which is at present the most neglected unit in the department. Why are there allegations that the tender process of the pine saw-timber of Komatiland in Mpumalanga and Limpopo is not transparent? Why is information that is requested about who the successful tenderers were and at what prices the tenders were granted being withheld after the completion of the tender process?

Why are small and/or private sawmills in rural areas, which meet the prescribed empowerment requirements and which provide job opportunities to local communities, being disadvantaged, according to allegations, to the advantage of large international conglomerates such as Global Forest Products, a Canadian company?

The processes have the unacceptable result of leaving hundreds of people unemployed. Is the department going to accept the responsibility for this or are the owners of the sawmills just being blamed again? My time has almost expired and I want to conclude.

I would like to thank the Minister for her guidance and the example she has set, and I wish her all the best in her new portfolio, and I hope that the new Minister in this portfolio will follow her example by keeping the team together and really working hard. Thank you.]

Mrs M S MAINE: Chairperson … agbare Van der Walt, ek moet sê, ek het nie gedink jy sal so onverantwoordelik wees om sulke dinge te sê soos wat jy hier gesê het nie. Dit klink of jy net oor transformasie gepraat het. Jy is teen transformasie en dit het niks te doen met vandag se werk nie. (Translation of Afrikaans paragraph follows.)

[ … hon Van der Walt, I must say that I did not think you would be so irresponsible as to say the things you have said here. It sounds as if you talked only about transformation. You are against transformation and it has nothing to do with today’s work.]

The department, as members have noted, is unafraid of confronting and addressing challenges, hon Van der Walt. The department has taken on these challenges and shown its commitment to locate all of its programmes within a development framework. It has taken the responsibility, difficult as it is, of grounding all its work within a political, social and economic framework of South Africa. In all of the work, the department has been underpinned by the tenets of the Constitution, the RDP, the ANC manifesto and all major programmes and policies of South Africa.

With regard to the state of the nation address, an example of a renewed effort is the manner in which Dwaf has focused its work within the evolving shape of global developments. In response to the hon Sibuyana, the role of traditional leaders, culture and respect for diverse groups in South Africa and inclusivity, which is strongly entrenched in the Constitution, are some of the founding principles of the Constitution.

However, the department, in working is unafraid of dealing with issues such as sustainable development, capacity of local government to deliver services, water and HIV/Aids, race and gender and its impact on the citizens’ access to water.

With regard to water allocation reform, inclusivity, a member of UDM, does not only mean for the citizens of South Africa, but also means ensuring shared water resources between South Africa and the rest of Africa.

Hon Minister Sonjica, we thank you for your leadership. While the Constitution underpins rights to water explicitly, and to sanitation implicitly, other mechanisms have been used by the ANC-led government to give urgency to improving the lives of South African citizens.

Prior to 1994, statistics on access to water and sanitation for the majority of black people was not given importance. There was no single national department responsible for water supply and sanitation in South Africa.

Responsibility was fragmented and allocated to local governments in the previous four provinces, and to ten nominally autonomous homelands, resulting in very different levels of service. Most of the then white local governments offered standards equal to those in industrialised countries. In the rural areas there were often no services, while in urban black areas the situation was mixed.

Both urban and rural services for black people were often in a state of disrepair. This situation was exacerbated by the absence of any coherent national policies, guidelines or support structures. The Department of Water Affairs and Forestry focused on water resources and forestry management.

In 1994, the ANC-led government made Dwaf responsible for ensuring that South Africans had equitable access to water supply and sanitation. To this end, Dwaf initiated programmes and projects to fast-track services to the disadvantaged populace of South Africa.

The ANC-led government has, by April 2005, provided clean, safe water to a total of 15 million people. In transforming departments, the ANC policy documents, its manifesto and the state of the nation address placed emphasis on all citizens’ rights to safe water.

To this end, the Department of Water Affairs and Forestry began systematically focusing on effective tools to give effect to the right to water of all citizens. This has entailed shifts in the department, but more specifically, this has ensured that mechanisms, strategic plans and budgets are in place to meet government targets for attaining access to safe water for all citizens.

Quality of water is an important component of the department’s work. The programme, Water Resource Management, also places focus on water quality, and an approach is used to systematically monitor and ensure quality of water.

In line with the ANC-led government’s commitment to reach targets of clean, safe water and sanitation for all citizens, I, Makatse Sophia Morule-Maine, as part of my oversight functions and responsibilities to the citizens of South Africa, hereby undertake to adopt a river, called Kolong in the North West to ensure that I carry out my duties to the citizens by monitoring, evaluating and complying with my oversight functions as an elected representative. [Applause.]

The emphasis on water quality management in South Africa is a crucial component of its social, economic and political history. Water quality management needs sound and institutional mechanisms to ensure that citizens receive the right to safe water, as enshrined in the Constitution.

While water quality is changed and affected by both natural processes and human activities it was necessary, after 1994, for the new government to ensure equitable access for all in the country to quality water.

Linked to the policy reforms to ensure equitable access and quality water, the Department of Water Affairs and Forestry also had to ensure that it prioritised a budget for water quality management, incorporating scientific, technical and human considerations.

South Africa historically focused on controlling the natural water system in order to address the lack of water for agricultural and industrial development. However, after 1994, and with South Africa becoming a signatory to a number of international environmental conventions, there was recognition for sound water governance and a need to reform water policies and water institutions in order to implement sustainable water development.

There was a realisation that there was a need to manage water quality. Some of the effects of polluted water, summarised below, necessitated the urgent focus on water quality. The impact on human health, on the aquatic ecosystem, and on various sectors of the economy, including agriculture, industry and recreation, can be disastrous. Deteriorating water quality leads to increased treatment costs of potable and industrially processed water, and decreased agricultural yields due to increased salinity of irrigation water.

Being the public trustee of the nation’s water resources, the Minister of Water Affairs and Forestry and the her department, have to manage South Africa’s water resources to ensure continued adequate water supplies of acceptable quality to all recognised users.

The ANC-led government has promulgated a number of water environmental policies and the legislation to manage its scarce water resources. These policies require excellent water quality information to report on the state of the nation’s water resources.

In becoming a signatory to a number of international environmental conventions, South Africa began a process to reform policies in order to implement sustainable water development.

Modulasetilo fa o tsena mo lebenkeleng la ditlhako … [Chairperson, when you enter a shoe shop …]

… and buy yourself a pair of takkies, you must never expect that you will change those takkies into Florsham shoes. [Laughter.] As much polish as you may buy and use, the takkies will remain takkies. Some people are like that. You can do whatever, and change Ministers, as our new Minister will realise, you can try to change them, but they don’t change. You may cook them with a stone, and the stone will get soft and you will eat it, they will remain as they are. [Laughter.]

You may use all the meat tenderisers that you have, they don’t change. You see, instead of takkies changing into a shoe, they would rather smell, and when smell, they come here and talk “vrot”[rot], and that is part of democracy. If it was not for democracy, we could have chosen Florsham shoes, instead of being given takkies. [Laughter.] The ANC supports the Budget Vote.

The MINISTER OF WATER AFFAIRS AND FORESTRY: Chairperson, I want to say thank you very much to all the participants. Although I am tempted to respond to all the issues, it’s very difficult and it’s just not possible for one to do that in detail within eight minutes. But I would really encourage members to pursue some of these things through questions. It would really help because a lot is happening in the department and we may have answers for everything that has been raised here. It’s all work in progress but it is very difficult to put it together and present it during the time allocated to us for budget debates.

I want to respond to a few things. Firstly, I want to congratulate Ms Semple. You are very courageous to adopt the Jukskei in particular, especially given the problems of the Jukskei. [Applause.] But on behalf of the Minister - I know she will appreciate this – I want to extend a hand of support to you. Whenever you need support from the department, they will be happy to assist you.

I also have to follow your good example and adopt a river around Humansdorp – I see Lesley is smiling. The Seekoei River is the river that I am adopting. [Applause.] I think this is the spirit that we need in these campaigns regarding this very important commodity. We need the spirit of working together as South Africans.

I do not think that it will be necessary for me to respond on behalf of Prof Goldberg. I think he said that in a particular context and, fortunately, he also belongs in that community. So if he is pointing a finger at somebody else, he is also part of that community. But we really want to deracialise the debate on water. The racialisation and politicisation of this debate has happened over time in this country and we are busy deracialising it. So we will encourage all South Africans to unite around the water conservation campaign and the water quality campaign, and so on.

If there is a problem around water, we have a toll-free number which is: 0800 200 200. If there is a problem or you want to know more about the quality of water in our country, there is a website that will help you. I can’t give its name to you now, you will get it at the exhibition. Once that hon member has the name of the website, he will just click on a button and get to know what the problem is with water in his local municipality. He can then tell them that there is a lot of fluoride and ask what they are doing about it. Such steps would help us to intervene. We are quite serious about monitoring the quality of water because it is in our interest to ensure that we improve on what we have in the country, as far as quality is concerned.

The issue raised by hon Pheko regarding conflict is very important. I think Africa leads in terms of ensuring that we co-operate around water. We have the SADC protocol that helps us to co-ordinate all our initiatives. Even on the continent we have what we call “the river basin organisation system,” which also helps to bring us together. I can quote the Nile River Initiative, which brings together 10 countries that co-operate around the development and the protection of water resources in the Nile River for mutual benefit of all those countries. This is done to avoid the conflict that you referred to.

Coming closer to home, we do co-operate with our neighbours. We have already entered into a number of agreements with a number of countries. We have signed a memorandum of understanding with Lesotho Highlands Water Project for the second phase. I was in Namibia last week where we signed another memorandum of understanding. There is quite a number of them. We are doing a lot about that.

Regarding the hon Sibuyana, I want to say that we have an agreement between the department and traditional leaders. We have collaborated with Ingonyama Trust. The ownership and management of plantations will be handed over to the communities very soon. So you should be a happy man today.

There was an issue that was raised regarding the transfer of forestry into private hands. That must be understood in the context of broad-based black empowerment. But there is an ongoing evaluation of these processes because a question has arisen as to whether you will be able to pursue broad-based black empowerment if these assets are in private hands. We are looking at what would be advantageous for government to be able to implement its own policies so that, as we transfer things in the context of black economic empowerment, we will not also frustrate our own processes.

As I said earlier, we are putting together a book, which captures what we have done between 1994 and 2004. A copy of this book can be found outside on the exhibition. It is the contribution of the Department of Water Affairs and Forestry.

I want to take this opportunity to present to you some very important people who are the international prizewinners of the Stockholm water competition. They beat 27 countries and we were in Sweden together. They are from the Free State and they are sitting over there. [Applause.] What is important is that two of them were in Grade 12, Matric, and they passed with distinctions. They are presently studying in KwaZulu-Natal because we, as the department, paid a full bursary for them.

This is an ongoing programme in the department and it is still going to benefit more children in South Africa. It is all in the context of contributing to the development of more skills so that we can have the engineers and technicians that we need in the country. Lastly, I want to talk about the programme of refurbishing the schemes. Without wanting to end on a negative note, I just want to say there is a serious problem of vandalism and theft. We need support from all of you in this House so that we can ensure that government assets are not vandalised and are taken care of by all our people. We appeal to you to help us with this campaign so that we do not do things and at the end of the day find out that …

… ayisekho laa nto ubuyenzile. Siyabulela kakhulu ngenkxaso yenu. Amanzi ngawethu sonke. Phambili ngamanzi! Phambili ngamahlathi! [… it has been a futile exercise. We thank you very much for your support. Water belongs to all of us. Forward with water! Forward with forestry!]

Thank you very much. You are all invited to the cocktail party. All of us will dance a bit, including the hon Mlangeni.

Debate concluded.

Business suspended at 12:30 and resumed at 14:03.

                          Afternoon Sitting

QUESTIONS FOR ORAL REPLY

The SPEAKER: We come to questions addressed to Ministers in the economics cluster. I wish to remind members that questions will be taken for one hour today, in accordance with the resolution adopted by the House on 31 March

1. Members are reminded that they may press the “To Talk” button at their desks if they wish to ask supplementary questions.

The first question has been put by the hon Blose to the outgoing Minister of Minerals and Energy.

MINISTERS:

  Establishment of National regional electricity distributor (RED)

1. Ms H M Blose (ANC) asked the Minister of Minerals and Energy:

   (1) What progress has been made with establishing a national regional electricity distributor (RED);

   (2) whether there are any challenges in establishing a RED; if so, what challenges? N493E

The MINISTER OF MINERALS AND ENERGY: Thank you, hon Speaker. I thank the hon member for the question. The answer is that, following the Cabinet’s recommendations on 14 September 2005, my department was tasked to formulate a model in order to determine the viability and sustainability of a national regional electricity distributor.

The modelling exercise has been completed, and preliminary indications are that the national RED is viable, provided certain mitigation strategies are put in place relating to, amongst other things, the cross-subsidy framework. The regulator has approved funding arrangements for the cost of the restructuring process, and mechanisms are in place for the disbursement of these funds.

Information sessions have been held to keep stakeholders up to date and to enhance consensus among the stakeholders, for example, the recent Gauteng electricity summit, where representatives from national and local government, municipalities, as well as state-owned enterprises, all came together.

The RED 1, which comprises of the City of Cape Town metro, was the first distributor to be established, and it’s been operational for just over 10 months. Without having any previous experience, this RED, and its coming into operation, became a learning area for all of us.

In answer to Question 2, there are indeed several challenges in the establishment of a RED. I think the biggest challenge facing the establishment of a RED relates to the voluntary process of the electricity distribution industry reform that we are embarking on. A transitional process has been proposed, as envisaged in the energy White Paper, where we would offer incentives from municipalities to participate in a Metro RED, or a national RED if appropriate. Thank you.

Ms H M BLOSE: Thank you very much, Madam Speaker. Minister, thank you very much for your answers, but when are you anticipating coming to brief Parliament on the recommended proposal of the national RED? Thank you very much.

The MINISTER OF MINERALS AND ENERGY: What I didn’t mention is that this was a mandate of Cabinet on 14 September 2005. Now that the modelling is done, we have to go back to Cabinet to indicate that our modelling indicates the viability of the national RED, as well as the funding requirements that will be required.

There are a few other legislative measures that will follow from there, because we envisage the formulation of this national RED not to be a once- off occasion, but to take place in phases. After the Cabinet has approved the model that we are going to present to Cabinet, then we will obviously come and brief Parliament on that, as well as bringing the necessary legislation to Parliament. Thank you.

Adv H C SCHMIDT: Madam Speaker, the implementation of the policy regarding the REDs got stuck after the failed attempt at establishing RED 1 for Cape Town. It was a failure, as RED 1 was formed only with the Cape Town metro council, without the surrounding towns in the Western Cape region. They deliberately did not join RED 1.

The exorbitant and shocking salaries of officials of RED should also urgently be revisited, and the whole policy relating to RED be reformulated. The question is, what is the final date for the implementation of this disastrous policy? Will the municipal councils, in future, have a choice and not be forced to join the RED? Thank you.

The MINISTER OF MINERALS AND ENERGY: Thank you, Madam Speaker. The government adopted the policy regarding the REDs and it is being implemented as adopted. The Cabinet decided that we should form six metro REDs, and that is going ahead. I will give a report on that. The only investigation, and the modelling process that was taking place, was to look at the viability of the national RED.

Investigation indicates that it can be done with some mitigation, in terms of making sure that the RED is viable; but also making sure that what we set out to achieve for ourselves is that there is equity in the access to electricity, and also that the cost and the delivery of electricity to the people across the provinces is equal. No rich province should provide electrification more cheaply than a poor province or a poor rural area. That is the aim and the sustainability question around the national RED, including the fact that we should make sure that it is financially viable.

I am saying that we will be taking a memo to Cabinet indicating what our modelling exercise has done. RED 1 was established in time as it was supposed to be established on 1 July 2005. It is the first project I launched after I was appointed at the end of June last year. We were very much on track with that.

RED 1 continues to function as a normal municipal entity of the city of Cape Town, and our electricity distribution industry, EDI, continues to provide assistance to RED 1, to finalise the establishment process.

Significant progress has been made with regard to other metros, particularly Ekurhuleni, Nelson Mandela, Johannesburg, Ethekwini, and Tshwane, to comply with the necessary requirements in establishing the REDs. The EDI is also assisting with negotiations, facilitation and structures, as you can imagine that there is a whole lot of negotiations and transfer of assets that have to take place.

In line with the presidential deadline that was pronounced in the state of the nation address, hon Schmidt, it is envisaged that REDs 2, 3 and 4 will be established this year, and the balance will be done by the end of March

1. Thank you. Mr E J LUCAS: Cape Town was the first municipality that established a RED. We are all looking forward to seeing what’s going to happen there. Unfortunately we had the problem of the breakdown at Koeberg. Are there any lessons that can be learned from this whole exercise?

The MINISTER OF MINERALS AND ENERGY: Thank you, hon Speaker. We should not link the problems that are experienced by the Western Cape to the establishment of the national RED. I think both the Minister for Public Enterprises and I have attempted really to explain what the cause of that problem was. Obviously the problems have indicated problems with our transmission lines, problems with maintenance of existing resources even within the city of Cape Town itself.

I don’t think it will be fair to say because RED 1 was launched, it took over and then we had problems. Those weaknesses have been there, have been identified, they need to be dealt with. That’s why in moving forward it is imperative that as we put aside money for electrification in the future, we also put parallel to that, money for maintenance of infrastructure.

As far as that is concerned, I think those problems were very well explained to the hon members of this House around Koeberg. Thank you.

Mr S N SWART: Thank you, Madam Speaker. Hon Minister, the ACDP shares the concerns around the allegations of exorbitant salaries for the first RED. We would also ask the hon Minister, is it envisaged that the establishment of RED 2, 3, 4 and the national RED will result in an increase in costs? Obviously there will be costs of infrastructure, salaries, offices, etc. Will this result in an increase in the cost of electricity to the consumer?

The MINISTER OF MINERALS AND ENERGY: The restructuring of the electricity distribution industry is aimed at ensuring that the cost to the end user is not exorbitant. It is ensuring that we do not have different tariffs as far as electricity for households is concerned.

As far as the exorbitant salaries of RED 1 managers are concerned, it must be remembered that we are getting experienced managers, who have a certain standard of service delivery, transferred to RED 1. This has been a learning process. As we move forward, all those mistakes have to be corrected in the form of guidelines, in terms of norms and standards. I said earlier on that this has been one RED that was established and we have learned a whole lot of things from that, including the issue that you are raising.

I am hoping that the incoming Minister, who is here, and is really going to be the implementer of the roll-out of all the REDs, will look into the issue that you have raised. Thank you. Obligations of municipalities regarding hosting of 2010 Soccer World Cup tournament

1. Mr T D Lee (DA) asked the Minister of Finance:

   (1) Whether, in order for municipalities to meet the obligations contained in city agreements signed with Fifa regarding the hosting of the 2010 Soccer World Cup tournament, any provisions of the Local Government: Municipal Finance Management Act, Act 56 of 2003, will be waived with regard to (a) entering into contracts with longer term expenditure implications and (b) approving tenders outside of the normal supply chain management policy of the municipality; if not, how will municipalities be able to meet the Fifa requirements; if so, what are the relevant details;

   (2) whether any municipalities have approached him seeking clarity on such matters; if not, in respect of which date is this information given; if so, (a) which municipalities and (b) what was his response;

   (3) whether he has held discussions with any of his provincial counterparts in this regard; if not, why not; if so, what are the relevant details? N513E

The MINISTER OF FINANCE: Thank you very much, Madam Speaker. The position is that each host city enters into a host city agreement with the local organising committee, which is that representative body of government, the sports organisations and some private-sector interests in this country; and it would be the same in every country. The contracts ensure that there’s a long-term commitment to entering into the contract and, clearly, the Local Government: Municipal Finance Management Act is applicable.

Now we are pretty sure that the Fifa requirements can be met by any host city in terms of the Local Government: Municipal Finance Management Act. So there shouldn’t really be any need to look at tender issues outside of the Local Government: Municipal Finance Management Act.

I’ve not received any requests from municipalities to waive the tender procedures in the Local Government: Municipal Finance Management Act, though the City of Cape Town has requested information about their rights and obligations in terms of the agreement. That has been supplied, but that’s not the same as a request for a waiver.

In respect of ongoing education, we did this through the provinces on 6 April. A detailed presentation was made available to the provinces by the Treasury. We also have a deputy director-general responsible for all matters relating to finances within the local organising committee. The Deputy Minister of Finance is one of members of the local organising committee, and he also chairs procurement and finances for the LOC. So, we maintain an oversight, but at the end of the day we want to empower local government to take the decisions that impact directly on them. Thank you.

Mr T D LEE: Thank you, Madam Speaker. Mr Minister, thank you for the answer. But, Mr Minister, on a recent visit to Germany by the sports committee we found that there was a tremendous strain on the finances of hosting cities, and I’m sure you wouldn’t want cities to overcommit themselves, thereby creating a financial problem for themselves. What mechanisms will the department put in place to assist host cities to resolve problems relating to meeting Fifa’s stringent requirements with regard to World Cup preparations? Thank you.

The MINISTER OF FINANCE: I want to caution the hon Lee not to equate the situation in South Africa with what he observed, or was advised, in Germany. What we have is an intergovernmental fiscal relations system that will probably stand master, and so whilst there might be exuberance on the part of local government about the arrangements, I think that we can ensure moderation thereof.

We were quite firm in our negotiations with Fifa about the exemptions that they sought. Very importantly for us, we want to ensure that the Local Government: Municipal Finance Management Act, which is still a young piece of legislation, will be tested in the fairness of these very tough negotiations.

In respect of financial commitments, I think that as a national government we would continue to engage with municipalities to ensure that they are in a position to be able to deal with requirements, because not all municipalities volunteer for host city agreements. At the same time, we won’t take these purely as national obligations.

There has to be a burden-sharing, and I think that then, between ourselves as national government and host cities, there would be some negotiation about these issues as well. But I don’t think we can ever afford to see the hosting of the 2010 World Cup – privileged as we are to be able to host it

• as the end of the road. It must facilitate an improvement in the quality of life of people, and therefore municipalities must be empowered to be able to advance. We will assist because some of these are clearly national obligations, but we can’t carry the full burden. Thank you.

           Issues regarding the pebble bed modular reactor
  

1. Mr Y Wang (ANC) asked the Minister for Public Enterprises:

   In view of the pebble bed modular reactor now falling within his area of responsibility, (a) what strategic advantages flow from using nuclear technology in order to generate energy, (b) what steps have been taken to address safety concerns with regard to nuclear energy and (c) what measures have been taken or are envisaged to deal with nuclear waste disposal? N495E

The MINISTER FOR PUBLIC ENTERPRISES: Yes, I believe there are a number of strategic advantages to nuclear technology, as an energy source. And around the world today, I think this realisation is becoming increasingly prevalent with reviews of policy having taken place recently in many major economies.

The key advantage that has reignited massive interest in this technology, is its low impact on the environment in the form of no carbohydrate emissions into the system or the greenhouse gas effect. With changes in technology, I believe the methodology and technology is as safe as any other form of generating energy. And in the case of the pebble bed modular reactor that South Africa is pioneering, there are additional safety features to the technology that now rank as, what is called, a generation-4 reactor; there is inherent safety in the process.

Quite clearly, also in relation to fossil fuels on which our energy system is still heavily dependent and will be for some time, there are a number of advantages. If we were, for example, to deal with the Western Cape situation that has just come up to build a new base-load plant, if it were to be coal fire, it would be a massive exercise of transporting large quantities of coal over long distances. A nuclear plant would have clear advantages for a situation such as the one we face in South Africa and the imbalance of energy sources between north and south.

With changes in technology, the competitiveness of this energy source is now very competitive indeed.

With regard to safety, this is an area of massive focus and attention in all nuclear regulatory agencies including South Africa’s National Nuclear Regulator.

In regard to the management of waste products, the Department of Minerals and Energy recently released its Radioactive Waste Management Policy and Strategy. And I believe that, fully set out, we are going in that regard. With regard to the pebble bed in particular, there are major advantages in waste management from a pebble bed reactor. Thank you.

Mr Y WANG: With the safety assured, now I can go home and tell my neighbour’s child that she won’t mutate and become an alien. I hope this is your way of showing that we are not playing with fire and that our scientists are in control of technology. As we go further with the project, how is your office going to ensure that the top skills that we have stay strategic to our country and also benefit us, especially the new and young generation? Thank you. The MINISTER FOR PUBLIC ENTERPRISES: I think this is a very interesting dimension of this project. One of the strategic reasons why government chose to support the project to the extent we now do, was precisely because we have nearly 400 technicians and scientists involved in this project. It is very science-intensive and has very skilled scientists, physicists, engineers and technicians involved.

For these safety reasons, I have discussed that the standards and specifications we set for these projects are exceptionally high. We have entered, with the Ministry of Science and Technology and the Department of Science and Technology, into a major training programme. Recently we brought senior officers from the Department of Science and Technology on to the board of PBMR. This is seen as a coherent package, both the development of the first plant of the reactor bed and the associated training programme for our engineers and scientists accompanying it. It is, I believe, a major opportunity for young South African engineers and scientists to enter a very, very advanced realm of scientific and technological endeavour.

Mr M STEPHENS: Given the fact that South Africa’s electricity power- generation capacity is barely adequate at present and that we must reach the international 15% spare-capacity benchmark by 2009 or 2010, it is essential that additional generating capacity be created by the most resource-efficient and environmentally efficient means possible. And further, given that a great many coal-fired power stations are planned by Eskom in the near term, as against one pebble bed reactor, can the Minister inform the House whether any study has been done comparing the long-term environmental impact of a pebble bed reactor against that of a coal-fired power generator?

Secondly, if so, what were the results and specifically, where does the comparative long-term environmental advantage lie? Thank you.

The MINISTER FOR PUBLIC ENTERPRISES: There are a number of components to that statement cum question. Let me start at the back. The comparative advantages, in the long term, quite clearly relate to the lack of greenhouse gas emissions and also relate to the question of the volume of waste matter. If you were to compare the waste matter for a pebble bed to a coal-fired power station of the same equivalence, you are looking at a difference of nearly 200 million tons of just pure waste matter for the life of a station.

Anyone who is familiar with Mpumalanga province will know that, increasingly, the size of waste of a coal-fired power station is very big. The size of waste of a nuclear station is very small indeed and of a pebble bed even smaller. There is the safety factor, which the Radioactive Waste Management Policy and Strategy deals with. I think the long-term strategic advantages are manifest and this is why there is such a resurgence of interest in this technology.

With regard to the studies about competitiveness, yes, obviously we have done the initial studies. These studies get refined as we go along. The process we are now involved in is with the customer, Eskom, and PBMR are in the process of finalising the contractual intention to purchase. We would then keep refining the studies and quite clearly, at the point that we build the first plant, we will be much more accurate in our costing.

All the indicative signs at this point, point to the pebble bed coming into the right cost range for energy round about 2012. And from then on, our objective is to build 24 modules for the South African system giving us round about 4 800MW from 2012 on. This also meets our diversification objective. That is quite a significant contribution to energy from an environmentally more preferable method than the current stations. Even though current coal-fired power stations are improving tremendously in their remission factors with new technology, the long-range advantage of nuclear energy I think is manifest.

Mr H J BEKKER: I fully agree with the hon Minister that the pebble bed reactor would probably be the most efficient and competitive source of energy in the Cape Town region. Similarly, it would indeed be ridiculous to try and supply the Western Cape and Eastern Cape with coal-fired energy generation.

The industrial development in the Western Cape and the Eastern Cape to us is of top priority and as such, all possible alternative sources of energy must be investigated. Did the hon Minister also look into the possibility of other sources of energy, particularly gas-fired electricity generation, in other areas of the Western Cape and the Eastern Cape with particular reference to the Saldanha and Mosgas areas and in this regard looking at the gas aspect in terms of future generation? Thank you.

The MINISTER FOR PUBLIC ENTERPRISES: Let me make a point about the pebble bed in the context of your question, Western Cape. One of its great advantages is that the footprint of the reactor and its associated equipment is small, roughly the size of a football field. This also allows tremendous flexibility and deployment and I think it will have exceptionally advantageous consequences for Africa, because you can put these in without the need for gigantic grids that have to be balanced.

For those of us who did not understand the balancing of a grid before, you just had to be in Cape Town for the last few months to understand what “balanced grid” means. It is a very, very technical operation and sometimes darkness descends if you don’t get it right. The lightening and the bolts we won’t get into now, we will get into that at another stage.

Yes, we have, of course, examined other methods of generating a wide range. This is in the main covered by the policy directives of the Department of Mineral and Energy, but as you know we are currently well into the construction phase of two open-cycle gas turbine plants, one in Atlantis and one at Mossel Bay. Both those plants can be converted to liquefied natural gas plants, LNG, in the future should we begin building such terminals. Now we are contemplating that it would be something we very seriously consider, which is LNG terminals, where we could import that. Should we proceed on those lines, yes, you are correct, the two obvious sites would be Coega and Saldanha.

But these are still projects in the pipeline; you will have to wait a few months before we make more detailed announcements on those. We are definitely exploring a range of options already as we are building the two open cycle gas turbine plants, and as you know this first of the independent power producers in the South African system will also be gas- fired turbine plants.

The SPEAKER: We now come to Question 5, asked by the hon Wang to the Minister for Public Enterprises. [Interjections.] Have we finished that one?

The MINISTER FOR PUBLIC ENTERPRISES: I want to say more about the pebble bed modular reactor, so thank you for this opportunity.

The SPEAKER: I am trying to be generous to the hon Wang.

The MINISTER FOR PUBLIC ENTERPRISES: Thank you. Not me?

The SPEAKER: We now come to Question 9, asked by Rev Meshoe to the Minister of Transport.

               Maintenance of roads and infrastructure

1. Rev K R J Meshoe (ACDP) asked the Minister of Transport:

   (1) Whether the problem of the poor maintenance of our roads and infrastructure is receiving urgent attention; if not, why not; if so, what are the relevant details;

   2) whether there are any time-frames to complete repairs to our roads and infrastructure; if not, why not; if so, what are the time-frames;

   (3) whether the Government will co-ordinate the programme; if so, how; if not,

   (4) whether each province will be responsible for its own repairs and maintenance; if so, what are the relevant details? N500E

The MINISTER OF TRANSPORT: The answer to question one is yes. The hon member will be aware that funding for road maintenance and infrastructure maintenance has increased steadily in recent years, and is marked for further improvement for the duration of the Medium-Term Expenditure Framework period.

Road maintenance has also been identified as a key programme of the Accelerated and Shared Growth Initiative for South Africa. The Department of Transport is also working very closely with the SA National Roads Agency Ltd, Sanral, on the development of an action plan to implement this requirement. The Department of Public Works and the Department of Transport are also finalising the road sector of the Expanded Public Works Programme that includes the question of road maintenance and capital works.

The answer to question 2 is that road maintenances is an ongoing process that requires constant attention. The Department of Transport has not yet completed its assessment of the impact of the new funding we will have on the timeframes to deal with these backlogs.

In response to question three, yes, the Department of Transport works very closely with all provincial transport departments and all relevant agencies. At the apex, the Minister of Transport co-ordinates initiatives through the transport Minmecs and the roads co-ordinating body. In response to question four, yes, provinces are statutorily responsible for the maintenance of the roads that currently fall under their jurisdiction. In this regard, provinces will use equitable share allocations and provincial infrastructure grants to maintain these roads. In certain cases, Sanral has assumed responsibility for some roads at the request of provinces.

Rev K R J MESHOE: I appreciate the answer, hon Minister. The executive director of the SA Road Federation was quoted in today’s newspapers as having said that the poor state of our national roads is a result of underfunding of road maintenance. He said that in order to transform our national road network into an acceptable condition, about R10 billion will be required over and above existing expenditure.

Does the Minister agree with this estimated amount, and if yes and taking into consideration that R4,5 billion for road maintenance was recommended by Asgisa for channelling through the expanded road works programme, I would like to know whether any provision will be made to allocate an additional amount of R5,5 billion to the repair and maintenance of our roads to make up the estimated R10 billion?

The MINISTER OF TRANSPORT: Just to touch on the first question, the roads agency in South Africa is regarded as one of the top in the world. This is even agreed upon by the Road Federation of the United States of America. To answer your question directly, I think we are a little bit satisfied with the allocations for roads in South Africa. If you look at the roads allocation for the next three years in South Africa amongst the three spheres of government - national, provincial and the municipalities – they will be spending about R63 billion on the road sector. Also, at a national level as well, we are seeing a dramatic increase in the funding allocation for roads.

We can do with more, but what I am trying to say is that there is a consciousness within government that the issue of roads is very critical for the social and economic development of South Africa.

Therefore we will be able to spend this money that is allocated to us, and as our spending increases, we believe government will give more money for this road sector.

The SPEAKER: The hon Sparrow? [Laughter.] Hon Farrow.

Mr S B FARROW: Speaker I have been called other things before. Do not worry about it. Hon Minister, I was going to ask a very similar question and I have been pre-empted.

In that same report which the executive director of the SA Road Federation brought up recently in the press, they talked about this R43 billion coming in for road users in forms of taxation, of which only R13 billion is reaching the actual road network so to speak. You mentioned that a lot of the money that has been put through to the provincial governments, which seem to be handing over more and more roads to Sanral on the national network, is in conditional grants.

My question to you, hon Minister, is: Is there not a way to start thinking out this process of having a dedicated fund, which will effectively ensure that money that is going from your department to the provinces is conditional to the extent that it is used specifically for the purpose of road-networking in the provinces? I will leave it there.

The MINISTER OF TRANSPORT: The money that is allocated specifically for roads is spent on roads. Some of those roads from the provinces have been transferred to the national level, as they are regarded as being strategic to the national economy. So we provide funding at a national level, and we are going to continue doing so.

As I have indicated, with this co-ordinating structure of Minmec, there is more co-ordination that is being exacted onto the road sector because of the importance that it plays in the national economy.

So going forward, we believe we are going to see a lot of spending on the road sector in South Africa, including the private sector, because it is very clear that there are many competing claims on the national fiscus. Therefore, as government, we cannot claim to be able to deliver all the road networks that are required by our economy. So where we are unable to fund that, we will use public-private partnerships in order to ensure that we deliver these road services to our people.

Mr J P CRONIN: Rev Meshoe is absolutely right to raise concerns about the repair and maintenance of our road infrastructure. Minister, you are also right to underline the very significant increase in budget allocations to road spending.

I think what we also need to be aware of is that, in our country, there are two very powerful lobbies in the transport sector. The one lobby group is the car users; the other is the civil engineering sector.

I think we need to bear in mind that only some 30% of households in South Africa have access whatsoever to any kind of car. In approaching this challenge, I think we need to bear that in mind, so that we are not pushed off our objectives by powerful lobbies, which are in fact often lobbying minority interests.

How, hon Minister, in approaching the maintenance and repair and development of road infrastructure, do we also ensure that we build better roads; roads that are safer for pedestrians and cyclists; roads that access poor township communities; roads that work better for public transport, and not just the repairing of the same road system, which has worked very well for a minority, but actually does not work very well for a large majority of our people?

The MINISTER OF TRANSPORT: The hon Cronin will be aware that we are not only talking about roads in the urban areas. There are also very aggressive programmes that we are running in the rural areas of South Africa. In KwaZulu-Natal, for example, there is a very good rural access programme, which includes maintenance, where African women are the ones who construct and maintain those roads. There is another programme in Limpopo, the Gandulashu Road’s Programme.

All these are indicative of the seriousness with which government looks at the issue of road networks in South Africa, and to empower our people, especially African women in the rural areas of South Africa. Therefore it is a balanced approach.

Mr M DIKO: We would like to find out from the Minister of Transport whether there is any method that is being used by the National Department of Transport to monitor road maintenance, especially in rural areas?

In most of these areas, the roads are completely dilapidated. When you try to enquire from the municipalities, you get thrown from the local municipality to the district municipality. We would like to know whether there is any advice that you have as to how those communities could actually make sure that they approach the relevant people to get these access roads maintained and fixed.

The MINISTER OF TRANSPORT: As I indicated in my earlier answer to the hon Cronin, we have these National Public Works Programmes that are focused specifically on roads in the rural areas of South Africa. Also, with the new Minister of Public Works, we are going to have a tête à tête to discuss our Expanded Public Works Programme that is going to be reinforcing some of those programmes like the Zibambele that I have mentioned, which is in KwaZulu-Natal and in Limpopo. Regarding the other provinces as well, there are very exciting programmes on roads in Eastern Cape, and in Mpumalanga, just to mention a few.

I want to ensure the hon Member of Parliament here that the Expanded Public Works Programme road sector will be there for our communities to ensure that those rural access roads are maintained so that our people can have access to markets, recreation facilities, and also to improve the quality of life of our people.

Code of conduct for good practice in respect of black economic empowerment (BEE)

1. Mr W D Spies (FF) asked the Minister of Trade and Industry:

   (1) Whether his department has conducted bilateral talks with the USA’s department of trade before the formulation of the concessions for foreign multinational companies in the code of conduct for good practice in respect of black economic empowerment, BEE; if so, when;

   (2) whether the USA made specific proposals, which were not accepted by his department, to exempt foreign multinational companies from the compulsory sale of shares to black companies; if so, what are the relevant details;

   (3) whether he is of the opinion that the statement contained in the USA’s trade document, that BEE constitutes the main risk to foreign companies who want to trade in South Africa, could have been avoided by making more concessions to foreign multinational companies in the BEE code of conduct for good practice; if not why not; if so, what are the relevant details? N517E

THE SPEAKER: We now come to Question 24 asked by the hon Spies to the Minister of Trade and Industry. As the Minister of Trade and Industry is not available, the hon Minister for Minerals and Energy will give the first answer. Hon Spies has agreed to get that main answer and for us not to have follow-up questions, as the Minister wouldn’t be able to handle follow-up questions.

The MINISTER OF MINERALS AND ENERGY (for the Minister of Trade and Industry): Thank you, hon Speaker. The reply to the first question is as follows: When the Department of Trade and Industry, the DTI, embarked on the process of drafting the Codes of Good Practice on Triple BEE in 2004, we realised the importance of providing a special dispensation for those multinational entities that aren’t going to be able to comply with all the requirements of triple BEE.

In this regard, we took it upon ourselves to conduct a consultative process with the parties concerned. To this end, we went through a public commentary period on the first phase of the codes, and we received written submissions on how multinational entities should be treated when it comes to triple BEE compliance, particularly with regard to the issue of equity ownership.

It was evident that this particular requirement on the scorecard would prove difficult for some multinationals to comply with. Taking cognisance of the need to create a business climate that is conducive for foreign investors, we took into account the concerns that were raised as well as the suggestions that were made. These submissions did not only come from the USA constituency, but also from other foreign chambers of commerce.

In December 2005, we released a draft document dealing with the treatment of multinationals for equity requirement purposes. Again, this document was open for public comment until the end of March 2006 where all affected parties were meant to have provided relevant commentary.

During the public commentary period, the Department of Trade and Industry engaged with various foreign chambers of commerce as well as foreign embassies on this draft document. Over and above that, we received extensive commentary from these bodies. Whilst the DTI did not specifically target bilateral talks with the USA Department of Trade, we believe that the process of drafting the codes dealing with multinationals has been sufficiently consultative and did provide an opportunity for all parties concerned to make their input into it.

The reply to the second question is as follows: The USA trade department has not made any specific proposals that the Department of Trade and Industry is aware of. We have however received submissions from the American Chamber of Commerce in South Africa as well as in the USA, whose recommendations have been taken into consideration.

As this policy is intended to apply to all multinationals operating in the South African economy and not only those from the USA, it is imperative that the DTI listens to all views presented by the different foreign multinationals. This means that we have to adopt a balanced view based on the various recommendations that we receive from different interested parties. These interested parties would necessarily also include South African companies that are, in one way or another, impacted by the way foreign multinationals are treated within the context of triple BEE in our economy.

It is however important to know that nowhere in the policy on broad-based economic empowerment is it stated that the sale of shares to black companies is compulsory, both for local entities as well as foreign multinationals.

Furthermore, the provisions of the code dealing with multinationals provide alternative methods of complying with the sale of equity requirements without the actual sale taking place. Government is merely providing guidance to the economy in terms of targets to be achieved over a specific period of time in order to attain transformation.

It does not in any way compel anyone to give away equity, other than state entities that are required to meet the requirements of the policy. However, the private sector has embraced the guidance provided by government in the form of the triple BEE policy. The question of whether to comply or not and what element of the scorecard to comply with has become a business decision for the private sector.

With regard to the third question, the reply is as follows: The statement that said BEE constitutes the main risk to foreign companies that want to trade in South Africa reflects the whole misunderstanding surrounding the BEE policy and its implications for foreign multinationals, and not necessarily the lack of concessions made to multinationals.

The triple BEE policy affects all enterprises that are trading in the South African economy and we believe that it is a risk to the extent that it is misunderstood, as this can result in the wrong approach towards its implementation being adopted.

The challenge is for government to ensure effective and efficient communication to all parties that are affected. A number of the multinationals that we are engaged with realise that in fact triple BEE is opportunity and not necessarily a risk. The implementation of triple BEE does not necessarily have to be something that is done in addition to normal business operations.

It is a policy that is to be implemented by businesses as part of their supply value chain. Therefore, while conducting their normal everyday business, they could also simultaneously ensure that transformation takes place as part of that normal process. I thank you.

          Impact of establishment of beneficiation industry

1. Mr S S Vundisa (ANC) asked the Minister of Minerals and Energy: What will be the impact of the establishment of the beneficiation industry on the economy of the country? N497E

The SPEAKER: We now come to Question 7 from the hon Vundisa to the Minister of Minerals and Energy. The Minister is having a hard time indeed.

The MINISTER OF MINERALS AND ENERGY: Madam Speaker, let me say that overall the establishment of the beneficiation industry will have very positive benefits for the economy of the country.

Beneficiation, as we all know, involves the transformation of raw materials to a finished higher-value product, using local factors such as labour and capital. In addition to increasing revenues and employment levels, this will also contribute to the GDP, and reduce exposure of South Africa’s produced commodities to the fluctuating world primary commodity prices, thus building a sustainable and vibrant economy. South Africa, as we all know, is a world leader in a number of mineral resources as a percentage of world reserves and production. Thank you.

Mr S S VUNDISA: Somlomo, ndiyabulela. Uyitye yonke. [Thank you, Speaker, but she has answered all the questions I had in mind.]

The SPEAKER: The member does not have a follow-up question.

Mr H C SCHMIDT: Madam Speaker, the DA is in favour of sensible measures in respect of beneficiation of minerals. However, the beneficiation industry is effectively the responsibility of the Department of Trade and Industry. The beneficiation of metals beyond the smelting process currently conducted by the mining industry is a macroeconomic issue that requires foreign direct investment and local investment in the industry and the economy as a whole.

The question is, and subject to what I have just stated: Which steps have been taken and initiated by this department, besides initiating legislation in respect of diamonds and precious metals last year, to facilitate investment in the beneficiation industry? Thank you.

The MINISTER OF MINERALS AND ENERGY: Madam Speaker, when hon Schmidt is the head of some government somewhere, he will take that decision on beneficiation. At the moment it is led by the Department of Minerals and Energy.

Having said that, and the member being a very active member of this portfolio committee, great strides were made last year when we passed two pieces of legislation that will ensure that our mineral resources, diamonds and precious metals are beneficiated at home. We went about restructuring the institutions that are responsible for trading in diamonds in particular, as well as setting up a joint body for both precious metals. And really the aim of all that is to ensure that we do not continuously export our raw materials, creating jobs in other countries, exporting skills and expertise, as well as exporting investment.

What steps have we taken? We are working very closely with the Department of Trade and Industry, amongst others, and Mintek, to see what incentives can be put in place for more beneficiation to take place here at home.

Besides the legislation we are working with the stakeholders. There are three groups of platinum producers in the country and they have sat in a workshop with us looking at the strategy to make sure that beneficiation of platinum happens at home. We must not forget that beneficiation of raw materials happens in stages. Some of it takes place here at home, but the majority of our resources are exported without any value addition.

So there are several of those, including identifying hubs where we are going to see beneficiation of diamonds as well as other materials taking place. We will, in due course, come back to Parliament to indicate this is what we want Parliament to support in addition to the incentives.

But I must say that since our legislation was passed, there is a lot of interest from foreign investors who are coming here saying, previously their major problem and the reason factories closed down, was the fact that they could not get access to the raw material, not only diamonds, but several other raw materials, because of long-term contracts to which the producers thereof had bound themselves. We are currently ensuring that through regulation and other ways more value-add happens here at home. Thank you.

              Extension of closing date for land claims

1. Dr S E M Pheko (PAC) asked the Minister for Agriculture and Land Affairs:

   Whether the Government will amend section 25(7) of the Constitution to extend the closing date of 31 December 1998 for land claims; if not, why not; if so, how soon? N414E

The SPEAKER: We now come to Question 2 from the hon Pheko to the Minister for Agriculture and Land Affairs, that is the outgoing Minister.

The MINISTER FOR AGRICULTURE AND LAND AFFAIRS: Thank you very much, hon Speaker. As the hon Pheko would recall from the Land Summit last year, the matter did arise from a number of constituencies, even though it didn’t come up as a need for the amendment of the Constitution.

There was a call made by the majority of stakeholders, some of whom were part of the betterment schemes like in Middledrift in the Eastern Cape, who felt that there was not enough time given to people to claim their land; others didn’t hear the call; others also felt that betterment schemes were not provided for in the land claims process and that therefore some people fell off.

Indeed, our response as government in that summit was that, in our own view, there wouldn’t be a necessity to open up the end date of claims - which was on 31 December 1998 - because our view was that there were other mechanisms to address the issue of land inequity in our country in terms of our land redistribution programme and tenure reform.

Therefore our view was that if we were going to open up the land claims process, there were two things – there may be others – which we were of the view would create problems. One of these is the fiscal burden in terms of the state paying compensation; while another is the uncertainty that would arise when you opened up and people did not know for how +long and when the matter would be finally concluded.

We also felt that our intention for land reform was actually based on addressing the issues of land inequity in our country more than financial compensation, but financial compensation was made in law as an award to cater for those cases in which it was difficult to restore the land.

Therefore the answer to the question is - I’m sorry I had to give this long background, but I thought it was necessary to give the context – we do indeed still feel the same way as a government: that currently, the issues of land need can be addressed by the land redistribution programme as well as by land tenure legislation. We don’t think it would be advisable to amend the Constitution in order to deal with this matter, because the very nature of the land reform programmes, particularly that of land redistribution, seeks to address these concerns. Thank you.

Dr S E M PHEKO: I thank you, Minister. Maybe this is to say goodbye to you and then, of course, congratulate you on the new post.

We don’t think that the position of not amending the Constitution will resolve the land question in this country. I’m sure the Minister and the government are aware that if only land can be claimed after what was left after June 1913 – what was left after the Native Land Act of 1913 - that absolutely nothing was left.

There really has been no logic as to why, in the first place, we should say land must be claimed after 1913. There was nothing left. Communities come to us and ask whether they can claim land before 1913 because they were dispossessed in 1913, and apparently there is nothing we can say, but they would like that land be claimed before 1913.

The date of 31 December has also created problems because many people did not know that they could claim land. I don’t want to go into the question of willing seller, willing buyer, which really has also failed after 12 years. Then we hear that there is going to be expropriation.

Now, does the Minister think that when we expropriate land from 1913, we’ll achieve any results, because there is nothing to expropriate? I think that this nation must sit down, the government too. I am saying these things not out of malice. The land question is an explosive thing, and it has to be handled in time so that it does not get out of control. We know today it’s very cold …

The SPEAKER: Hon member, you now have had two minutes and I haven’t heard a question. [Laughter.]

Dr S E M PHEKO: Thank you for your indulgence, Madam Speaker.

The MINISTER FOR AGRICULTURE AND LAND AFFAIRS: Thank you very much, hon member Pheko, and hon Speaker. Just to deal with the issue of expropriation, clearly, hon Pheko, you would know that as government we have committed ourselves to expropriating in the public interest. That is in the Constitution, section 25, as you rightly put it in your question.

We have also agreed that in order to ensure that we can effect expropriation even for land redistribution, we will have to amend the Expropriation Act of 1975, which lies in Public Works, the portfolio I will be holding now.

So between ourselves and Land Affairs, we will have to fast-track that legislation, because what we have now is expropriation catered for in the restitution Act, but you still have to use the principal Act to effect that expropriation.

Our view is that expropriation in the public interest will actually assist us to move more quickly the process where negotiations have failed. Secondly, with regard to the issue of 1913 as a deadline, hon Pheko, you know that this is a matter that was negotiated amongst parties during the negotiation period. Indeed, there might not have been consensus, but the majority had their day and wisdom to come to that deadline of 1913.

Again, I would like to take hon members to the Land summit last year. When we raised the issue of 1913 as a cut-off date and asked members of the summit who were calling for moving the deadline beyond 1913, the question was: When do you start? Do you start in 1652? Do you start in 1820? What do you do with the Mfecane in the process? What do you do with some of the negotiations and deals amongst communities when they either fought on the side of the Afrikaner or on the side of the British at some stage? Where do you end?

That is why we all agreed that it was maybe wisdom from those who were negotiators to come up with the cut-off date of 1913, rather than going before that because you will have counterclaims over counterclaims not just in terms of racial dispossession but also amongst tribes. [Time expired.]

Adv S P HOLOMISA: Thank you, Madam Speaker. We can only agree with Mr Pheko that there will be no lasting peace in the country as long as there are inequities in land ownership. We can also agree with the Minister that in addition to the restitution of land claims rights, there is restitution of land rights claims in that there is a provision in the law for those who do not qualify to make application for more land in terms of the other programmes.

Now, what I would like to know from the Minister is whether she knows the number of people who have been excluded because they couldn’t qualify in terms of the Act, and whether those people have been given any assistance in terms of the other programmes. Thank you.

The MINISTER FOR AGRICULTURE AND LAND AFFAIRS: Hon Speaker and hon member Holomisa, indeed the quantum of how many people were affected we do not have as yet, because time and again when you meet with particularly those who were affected by the betterment scheme in the Eastern Cape, you get the number today, but tomorrow they tell you that they are going on with the campaign and they are getting more people, so we don’t really have the exact number.

There is the Gauteng committee that has also been mobilising people around Gauteng who were left out of the claims. Again, the numbers are fluid; we don’t have the exact number. We have had meetings with both groupings and indicated the alternatives that are there. But I must say to this House that in terms of the majority in the urban areas, what we have found has not been a willingness to get land as restoration but rather to get financial compensation.

In the case of the Middledrift group and others who were affected by a betterment scheme, there are proposals that we are working on with that committee which looks at land for development if it were possible for the state to assist. But they would still want to have 50% of whatever compensation that could have been due to them to come in financial form; but, as I said, this is a matter on which we are engaging with the committee.

Mr A H NEL: Thank you, Chair. May I say at the beginning, Minister, that we are sorry to see you go, but wish you everything of the best in your new portfolio. In relation to the hon Pheko’s original question and your answer to him, we know that that is your view and we are supportive of it. My question is whether your view on this issue is also that of the Cabinet and, if so, whether you will inform your successor of this, because, as you know, she likes to shoot from the hip. [Laughter.]

The MINISTER FOR AGRICULTURE AND LAND AFFAIRS: I didn’t hear the bit of what the view is. Could the hon Nel …

Mnr A H NEL: Ja, dis omdat die Minister van Finansies met u gepraat het! [Mr A H NEL: Yes, it is because the Minister of Finance was talking to you!]

Minister, we are supportive of your view on this issue. But my question is: Will you please inform the new Minister – the incoming Minister – as she likes to shoot from the hip? [Laughter.]

THE MINISTER FOR AGRICULTURE AND LAND AFFAIRS: I don’t think that that’s a good goodbye, hon Nel.

The SPEAKER: The question is whether you will inform the new Minister. I think the rest can be ignored. [Laughter.]

The MINISTER FOR AGRICULTURE AND LAND AFFAIRS: Well, the new Minister is aware of the view that I’ve just expressed, because indeed it was Cabinet that took the decision about the cut-off date.

See also QUESTIONS AND REPLIES CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES

  The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move:

That the report be noted.

Motion agreed to.

Report accordingly noted.

                         APPROPRIATION BILL

Debate on Vote No 20 – Correctional Services:

The MINISTER OF CORRECTIONAL SERVICES: Malibongwe igama lamakhosikazi! Ewe! [Yes! Let the name of women be praised!]

Chairperson, hon members, senior management and staff of the Department of Correctional Services, those on this side, those on that side, and those on the gallery over there, Ministers in the House and colleagues in the House …

… Bantu basekhaya abamamele besemakhaya, abasezidolophini, abasezilalini, abasezibhedlele, nabasezintolongweni – baninzi ke bendike ndeva umntwana ekhala phaya phezulu Ngumzukulwana wam wasentolongweni ke lowa ebekhala phaya. Nabaya bebaninzi. Molweni! Molo! Ninjani? (Translation of isiXhosa paragraph follows.)

[To our people who are listening from home, to those in the cities, in rural areas, in hospitals, and to those who are in prisons - there are many of them … I did hear a child crying up there in the gallery. That is my grandchild from prison who was crying. There they are in their numbers. Greetings! How are you?]

Colleagues, partners and the public viewing the speech on big screens in all our correctional centres and in all our regions around the country, I know they are listening to this speech today. [Interjections.] What about you yourselves? I have addressed you as colleagues.

Distinguished guests, ladies and gentlemen, a word of welcome first to our special guest. We have a special guest, Bongiwe Ronoti, from Immaculata High School in Wynberg, who will be working with us today and tomorrow as part of our contribution to the “Take a Girl Child to Work” campaign.

Nankuya ehleli phaya. Molo, Bongiwe! [There she is, sitting right there. Hallo Bongiwe!] She is a Grade 10 student at Immaculata High School in Wynberg. I must also acknowledge the former Deputy Minister of Correctional Services …

… uMama uCheryl Gillwald. Nankuya phezulu. [… hon Cheryl Gillwald. There she is up there.]

She is over there. Thanks, Cheryl, for coming to support us. [Applause.]

The dawn of freedom in South Africa in 1994 ushered in a new beginning in the lives of the majority of our people. It ushered in a life of hope, high expectations, excitement and enthusiasm for the previously oppressed, while for some of the privileged minority it also ushered in a life of fear, discontent, disenchantment and loss of hope, because the ascendance to power by the African majority to some signalled the worst.

We have now just entered the second decade of our democracy and freedom, during which time, despite the challenges that still confront us, the overwhelming majority of South Africans, black and white, have witnessed significant changes in the quality of their lives and are full of hope and expectations about the future. The local government elections held in March this year have demonstrated beyond any reasonable doubt that the majority of South Africans have confidence in the leadership of their vanguard movement, the ANC. Therefore, as we celebrate the 10th anniversary of our Constitution and the 50th anniversary of the women’s march, and as we also commemorate the 30th anniversary of the 1976 student uprisings and the Bambata Centenary, let us reflect on the successes we have achieved and the challenges we are facing in fulfilling the wishes for which these martyrs and other veterans of our struggle and wars of resistance died.

It is now exactly two years and three days since I joined the Department of Correctional Services. I must say it seems like 20 years that I’ve been in this department. I also must say that it has been a richly rewarding experience because it has afforded me the opportunity to test and implement the noble intentions of our visionary founding documents, the Freedom Charter and the Constitution of the Republic.

As I stand here today, having gained insights into the challenges of our correctional system, I am more convinced than ever before that our forebears were correct when, 51 years ago, they declared in the Freedom Charter that “Imprisonment shall be only for serious crimes against the people and shall aim at re-education, not vengeance.”

Similarly, as we celebrate the 10th anniversary of the Constitution of South Africa, I am proud to say that our country has systematically ensured that the pervasive principles of equality before the law and access to basic human rights also incorporate inmates, who in many societies, including the advanced democracies, are among the most vulnerable members of society. If indeed it is true that one of the real tests of the democratic values of any country is the manner in which it treats its most vulnerable members, then we are making very good progress.

The management of the department and I believe, however, that it would be grossly patronising and irresponsible to talk about the importance of human rights without emphasising the need to balance them with responsibilities. This, we believe, is the essence of the correctional system: to treat inmates with dignity while at the same time providing them with life skills and inculcating a sense of responsibility that would make them realise the folly of their ways and commit themselves to becoming responsible members of society upon their release.

My submission to this House today will attempt to demonstrate how, notwithstanding operational constraints, we shall continue to strive for this balance through, inter alia, the amendment of the Correctional Services Act, Act 111 of 1998, the implementation of the government programme of action, the implementation of new and existing policies, efficient management of the 2006-07 budget and compliance with internal control measures in our day-to-day activities.

As we have stated previously, the delivery of correctional services is a mammoth task that requires the mobilisation of the biggest pool of social partners imaginable. It gives me great pleasure to announce that some of those partners that we work with in Correctional Services are with us today. They include Judge Seraj Desai, who is on the gallery together with his wife, and who is the chairperson of the National Council on Correctional Services. There is also Judge Hannes Fagan, the head of the Judicial Inspectorate of Prisons. I do not see him anywhere; he might still be coming.

There are also colleagues from the NGO sector who work with us, departmental officials, inmates and colleagues from the Shuttleworth Foundation. I think they are sitting over there – just wave! They are the colleagues from the Shuttleworth Foundation, who have generously agreed to partner us in the development of information technology skilling among inmates.

Thanks to the support of the Shuttleworth Foundation, the eradication of the boundaries and barriers created as a result of the digital divide will soon become a thing of the past at correctional centres, as we embark on a drastic digital and IT skills revolution for offenders. We need to skill them as well. This IT revolution will usher in a new era in the learning and education programmes of offenders with the establishment of computer- based learning centres in all our centres of excellence.

Tomorrow, Wednesday, 24 May, I will be launching the first phase of this IT skills revolution pilot project for offenders, at Pollsmoor Prison. The launch of these Open Source Learning Centres will result in the introduction of e-learning options to offenders and their general capacitation in IT and computer skills. The second phase of this pilot project will be announced in due course.

It is with deep sadness that we note that, as we are building partnerships for corrections, we have in the past three weeks alone lost some of our most dedicated cadres in the late Minister Stella Sigcau and Siyabulela Mtutu Mlombile, our former regional commissioner for Gauteng.

Siyabulela passed away after a long illness and was laid to rest in Qumbu in the Eastern Cape on 13 May. Siyabulela, a former cadre of uMkhonto weSizwe and committed cadre of Correctional Services, dedicated his life to the transformation of both correctional and intelligence services in South Africa. He was a selfless individual who made a profound impact on the successes of the department. Siyabulela is of one of the martyrs and unsung heroes of our struggle who sacrificed his life for democracy. Today we are celebrating his life as we reflect on these successes, to which he contributed so much.

His heroism and the values for which he fought, lived and died will always be cherished as we pick up his spear and soldier on to build a new correctional system in the country of his dreams and that of many others who have traversed this road to pave the way for our freedom and development. We say to him, rest in peace, as we did last Saturday.

Indeed, through great efforts of many committed past and present cadres of our country, the Correctional Services of today is no longer that of yesterday. I want to repeat that: the Correctional Services of today is no longer the Correctional Services of yesterday. [Interjections.] It is a real pity, you are quite right. We should have locked you up first, before you say “what a pity”. We have advanced, and continue to progressively advance, the transformation and development of the country’s correctional system, with unprecedented levels of collaboration with various role-players and the public. We had said Correctional Services was like a huge ship sailing in rocky and murky waters. It was indeed a ship floating with no compass, Oom Ben Skosana, but I am delighted to say that years of sweat are paying dividends as we are now steering and guiding this huge ship in the right direction and out of the danger zone; and you were one of the people who managed to assist us in doing that. But I will come back to something, Oom Ben.

Today we can indeed say that our ship is turning, is clear in its direction and is avoiding major dangers along these rocky coastlines. However, steering a correctional services ship in any part of the world has inherent “ice bergs” that continue to pose dangers, even to the most well-built and well-resourced ship, and those challenges emanate from the sheer nature of human beings in a given society, as the system is just a microcosm of society. There are huge “ice bergs”, hon Seaton, when you steer this kind of ship. Make sure you get around them. If you bump into them is jy in die pekel. [You will be in trouble.]

I am proud to say we are through the rapids, with clear achievements in the long and arduous journey we have travelled that give us renewed energy when facing the yet-to-be-traversed new hills, valleys, rivers and mountains, as we march to one of the best correctional systems in the world that will deliver with absolute commitment to integrity and excellence. We can indeed identify with the President’s intervention that we are in an “age of hope”.

Without the history that informed the perceptions of ordinary citizens and shaped their minds about Correctional Services in the past and in the present, we perhaps may not have been able to appreciate this “age of hope”. In the past, in the minds of many of our people the mere mention of the word “prison” was undoubtedly associated with a dark dungeon run by arrogant and corrupt black warders and verkrampte boere, whose job was to “fix” “unrepentant murderers” and “savage rapists” from the townships.

Those perceptions are changing now, as reflected by both our public perceptions survey commissioned by us in collaboration with the Government Communications and Information System, as well as the Markinor public perceptions survey. Our research found that public perceptions are largely more positive about Correctional Services, especially among those who had come into contact with the new department over the past few years. We strongly believe also that Correctional Services contributed fairly to the growing public confidence in the criminal justice system that has marked sustained improvements over the past three years.

Again, I am making a call to members of this House, members of the NCOP and members of the public in general to visit correctional centres. It is only when you visit those areas that you can have a clear understanding. Merely to say “I was a former detainee” is not going to help, because we don’t have any political detainees at the moment. We have people who have wronged society. So go and visit them, then you can have a feeling for what we are talking about.

We are therefore saying together we have to erase completely that tainted past from the minds of our people and replace it with new experiences and knowledge that empowers them to be victors, champions and drivers of transformation, instead of victims, losers and passive followers of efforts to make South Africa a safer, secure and better place for all our people. This is a chapter we have introduced during the first decade of freedom and we have intensified this over the past three to four years of Correctional Services delivery.

This is a chapter where people began to internalise our purpose and to assist in contributing to maintaining and protecting a just, peaceful and safe society by: firstly, enforcing sentences of the courts in the manner prescribed by the Act; secondly, detaining all offenders in safe custody whilst ensuring their human dignity; and thirdly, promoting the social responsibility and human development of all offenders and persons subject to community corrections.

The enthusiasm and confidence that our people are beginning to display towards Correctional Services was evident during the government Imbizo in KwaZulu–Natal from 7 to 13 March 2006. Here we came across many former offenders with qualifications that they obtained whilst serving in our correctional centres; as well as student interns who wanted to become correctional officers so that they could set an example of how rehabilitation and experience in correctional centres had changed their lives for the better.

A classic example of this is that of the 28-year-old Siyabonga Zulu of KwaNongoma in the Natal Midlands … Umamele Gatyeni? [Are you listening, Gatyeni?] … who served as a student intern at Ncome, and is today a BA graduate in correctional studies. Siyabonga has pleaded with the Department of Correctional Services to help him find a job as an officer at any correctional centre, and we are determined, as this department, to assist him as we are trying to assist others as well. [Applause.]

This is a new generation of prisoners: offenders who are willing to contribute to the transformation of prisons into correctional centres from former universities of crime into universities of information, skilling and knowledge accumulation.

This is a drastic contrast to the substantial but dwindling number of hardened criminals who want to make prisons their “universities of crime”.

We are, however, cognisant of the fact that not all offenders can be rehabilitated, and it is for this reason that we profile and categorise offenders, so that we are able to determine who has the capacity and potential to be rehabilitated or not. Whilst we wholeheartedly care for inmates, we also show no mercy to hardened criminals.

Bakhona abo ezitolongweni zethu … [We have those in our prison …] … who don’t want to change, who just refuse to change. Those are the ones who take some of our members hostage, and I have given orders that those are the ones that we do not negotiate with. If they take my members hostage, they phone the Minister, and within five minutes I give an order to use maximum force. End of story! [Applause.]

I am fed up with that. Phone the Minister and tell the Minister, ``He or she is holding us hostage.’’ We will use maximum force to them you stop that nonsense. So, we are quite clear about that.

It is against this backdrop that we have introduced a strategy that advances a philosophy that every correctional official becomes a rehabilitator, and every offender a rehabilitated inmate. That is the call that we are making to our inmates.

Naba bahleli apha, nabamamele kuzo zonke zi ndawo. [Those who are sitting here, and those who are listening from everywhere.]

They should strive to become rehabilitated. We are giving them a second chance in life.

This is a new beginning in the history of correctional services in South Africa, which has earned us admiration and accolades from many of our counterparts around the world, and from the continent. Tata uSkosana, you contributed to that. You did. [Applause.] The person before you did not. I am very clear about that. Your predecessor did not. [Interjections.]

Yayi nguMzimela owayevela kwi-Nkatha Freedom party. [It was Mzimela from the IFP.]

We can say confidently that we are celebrating an age of hope. What are these highlights that we are celebrating?

We borrowed from our first President and officials, stakeholders and partners in the delivery of corrections indeed seized the ``time to define for ourselves what we want to make of our shared destiny’’ in spite of our numerous challenges. There are numerous challenges in this department, but some people …

… Bacinga ukuba… [… think that …]

… think it is a piece of cake.

During the policy pronouncements phase that was led by the President’s state of the nation address, government announced a programme of action for building the criminal justice system so that greater confidence exuded from members of the public, on whom we rely for partnerships against crime.

On most of those targets we have delivered; in some instances, it was beyond our expectations. In giving highlights of the financial year that was, the following cannot be omitted: We launched 36 centres of excellence in all correctional service regions as landing strips for the implementation of the ideals enunciated in the White Paper. We have also adopted a national curriculum programme that is paying dividends for us. We have also done a lot of work in the Durban-Westville Correctional Centre, which has had a 100% matriculation pass rate. Based on that, my department is in the process of registering all its current youth centres as full-time schools.

We have also employed over 3 000 entry-level personnel to phase out the implementation of what we used to have, overtime pay. Right now, we are busy with professionals, trying to employ them. These are professionals such as social workers.

Regarding the filling of critical vacancies, we are in the process of doing that. It’s not easy, because it cuts across departments. It’s not only our decision on that. We have settled a long-standing labour dispute, Tata uGomomo, in a manner that affirms the department as an essential service institution.

On 25 and 26 May, from Thursday, we have what we call a Minister’s labour consultative forum, which was established to engage unions beyond the basic bread-and-butter issues. We have expanded and institutionalised public participation through the appointment of chairpersons of 52 correctional supervision parole boards, and we have begun the process, as well, of establishing the National Council for Correctional Services under the leadership of Judge Desai, who is sitting up there.

We have looked at the management of special remission, which was one of the best in the country, and we have made savings from that. Although the rate of re-offending was very low, we remained extremely concerned about some serious crimes committed by some offenders who benefited from that. They will face the full might of the law.

We have now established a parole review board, which will review parole decisions made by those community parole boards, so that there is some work being done every day.

My Deputy Minister will address the issue of awaiting-trial prisoners, particularly children, when she speaks. The partnership with Social Development and Education is reaching new heights. My Deputy Minister, again, will address those issues in her budget speech.

We have increased security in our correctional centres to make sure that there are no escapes as have happened, and that there are no hostage- takings. We do acknowledge that a lot more needs to be done, as smuggling and collusion with offenders still continue. I want to give a message to the public: When you go and visit them, assist us to assist them. Assist us, as the department, to assist them. Don’t bring them things that they should not have. Don’t smuggle things in. Help us to help them as well.

The issue of HIV/Aids in our correctional centres will be addressed extensively by my deputy. All I can say about all these things is that we are very serious in saying that there will be no offender who does not get health care. All offenders will be looked after. We do have intervention methods when there are problems.

For 2006-07, the issue that is uppermost in our minds is halving overcrowding in our prisons. We can do this in many ways. One of them is to make sure that the cluster works together to deal with awaiting-trial detainees. The Cabinet lekgotla has expressed itself on that, and we have to come back with a report. A task team has been put together, led by my department, to come back and report to the Cabinet lekgotla on how we are going to deal with awaiting-trial detainees.

The building of institutional capacity for the implementation of the White Paper is an ongoing process within my department. We are engaging a number of stakeholders. We have recruited new recruits again. This is an additional 2 600 above the 3 000 that we have already recruited.

We are intensifying our campaign to harness organisational culture for effective implementation of the White Paper. We have done quite a lot of good work with community organisations, in partnership with them, to make sure that our work is understood by the public at large. As a result of our engagement with faith-based communities, nongovernmental organisations, the councils of Churches, Colesa and the National Institute for Crime Prevention and the Reintegration of Offenders, all of them are working with us to make sure that our work is successful.

Very soon the department will be commencing with a very intensive community outreach campaign, which is called Operation Masibambisane, ``Let’s help each other to make this work as a community’’. We will interact with provincial government structures, with municipalities, civics, and traditional structures. I must say, with regard to the work that we have done through imbizos, that one of our imbizos was attended by King Zwelithini. Traditional leaders are very, very central to the work that we do. So, we do really offer a hand to them to say that they must work with us please.

On the issue of infrastructure development, there are new centres, which are being built now. The first were four prisons, which resulted in such a hullabaloo in the media. I would like to assure this august House that the construction of those new-generation centres that was announced by the President during Minister Skosana’s time will be built. Those prisons are underway. One of them, Leeukop, will be completed a bit later but the other three are underway.

The President announced another four, which will be built this year. With regard to the first four, the multiplicity of departments working on that made life very, very difficult. Those are the prisons I call ``Skosana’s prisons’’. Right now, I am busy with Skosana’s prisons and Balfour’s prisons. [Interjections.] Of the four Skosana prisons, three will be done, and the one will be late. The four Balfour one’s will be done. Polokwane is a little bit late, but it will get there.

So, to actually go and make a hullabaloo about absolutely nothing - absolutely nothing - must come to an end. It must come to and end. It has to come to an end. We can’t be expending our energies on something that’s not going to help us to move things forward. So, with the energy that you have, hon Seaton, help me to help the department to move things forward.

Mr A MLANGENI: On a point of order, Chair.

Ndifuna ukuqonda ukuba kutheni uMphathiswa equmbe kangaka namhlanje. [I want to know why the Minister is so cross today.]

The MINISTER OF CORRECTIONAL SERVICES: Ntate Mlangeni is asking why I am cross. I am not cross, Ntate Mlangeni. I am not. I don’t get cross very easily. I am thick-skinned sometimes, very thick-skinned, but there are times when some things get under my skin.

I am not angry at all. I am just putting things as they should be put. Things are going as well as they should be going.

The last thing is that I want to thank all those who work with us. I want to thank the commissioner who is leading this department, along with all the CDCs, the area commissioners, the management that works with us, but also, I want to thank the staff members who look after those offenders, day in and day out. Thank you to the guys out there, wherever you are. Your Minister applauds you for the work that you do. Thank you very much. [Applause.]

I know that you say to me, time and again, to look at the police. They are getting more money in terms of their salaries.

Ndixolele ukuphuma iliso ndisilwela into yokuba nani imivuzo yenu inyuswe ngoba nisebenza nzima. Ndixole ukuphuma iliso, ndisilwela loo nto. [I will fight until the bitter end so that you can also get a salary increase, because you work very hard. I am prepared to suffer in order to achieve that.]

Please keep up the good work.

To the offenders, … sincedeni sinincedise. [… help us to help you.]

Don’t do things … eziza kubangela ukuba singakwazi ukunincedisa. [… that will make it impossible for us to help you.] That’s the plea I am making. To the families: help us.

Ngabantwana benu aba, asingobam. UNgconde akanaye nomnye ngalomzuzu osetolongweni. Kwaye akasoze aphinde abenaye nangoku sele etshatile ngoba mdala uNgconde asoze aphinde abe nomnye umntwana. Asoze aphinde abe naye uMkwayi banele aba anabo. [These are your children, not mine. Ngconde neither has a child who is in prison right now, nor will he ever have another one. Although he is married, Mkwayi is too old to have more children. Those that he has are enough.]

All I am saying is …

Sincediseni bantu bakuthi. Xa niye kubabona ngemigqibelo naphakathi evekini baphatheleni ukutya, icuba, nayo yonke into, kodwa ningabaphatheli imipu, iimela, okanye intsangu ngoba siza kubamba nina sisifake kunye nabo. [You, our people, should help us. When you go and pay them visits on Saturdays and during the week, take them food, cigarettes, and other things, but not guns, knives or dagga, because we are going to arrest you and put you in prison with them.] That is the message.

Kodwa eli sebe libheka phambili Tat’uSkhosana … [Because this department is moving forward, hon Skhosana …]

People are beginning to notice that this department is really moving forward. To the portfolio committee led by uTata uBloem, thank you very much, Comrade Bloem. The members of the portfolio committee, starting from the study group of the ANC, are the people who are my backbone.

I also thank my colleagues; because whenever I am crying, I phone my colleagues and say, ``I don’t know what’s going on here.’’

I want to thank everybody, from my former Deputy up there to my current Deputy down here. Thank you very much for the support that you are giving. Let’s take this department forward. We should never go backwards. [Applause.]

Mr D V BLOEM: Die Minister is baie warm vandag. Ek is nie warm nie. Ek is nie warm nie; ek is baie koel. Ntate Mlangeni het gevra waarom is die Minister kwaad? Ek weet nie. Ek sal dit later beantwoord. [The Minister is very hot under the collar today. I am not hot under the collar. I am not hot under the collar; I am very cool. Ntate Mlangeni asked why the Minister was angry. I do not know. I shall answer that question later on.]

Chairperson, Minister, Deputy Minister, Members of Parliament, Commissioner Mti, regional commissioners, top management of the department, Judge Fagan, Judge Desai and his wife, Ms Cheryl Gillwald, ladies and gentlemen and the inmates and our staff. [Interjections.]

Wag net so ’n bietjie, ek gaan nou by jou kom. Later. [Just wait a minute, I am coming to you shortly. Later.]

The Freedom Charter adopted at the Congress of the People in Kliptown on 26 June 1955 says:

No one shall be imprisoned, deported or restricted without a fair trial. No one shall be condemned by the order of any government official. Imprisonment shall only be for serious crimes against the people and shall aim at re-education and not vengeance.

Chairperson, let me from the outset say that the ANC will support the Budget Vote before the House today. We will continue to monitor the effectiveness of the department in realising its mandate. The department faces a number of challenges and one of these challenges is to provide adequate accommodation to prisoners. In an effort to address this problem, it was agreed that four new prisons accommodating 12 000 prisoners be built. The committee was also informed that a further four prisons, accommodating 12 000 prisoners will be built. In total, this will then provide additional accommodation for 24 000 prisoners.

This will not be a solution to overcrowding. The department informs us that they are considering taking the project finance model. This will allow the operations to be excluded, as the department stays accountable for operations, although it may be contracted out. The department will rent these facilities for a period of 15 years. At the moment South Africa has two private operated prisons.

It is common knowledge that the committee and the department are not satisfied with the financial implications of the contracts governing these two prisons. The budget for these two prisons alone this financial year is R599 million. The committee did express discomfort with the construction of these seven new prisons. We say that the department must come back to the committee and brief us fully on the comparative cost implications in both the short and long term. We support the decision by the department to review the contracts of the existing public prisons.

We also believe that these prisons may be better utilised for juvenile and minimum offenders. I have noted a serious involvement of the private sector in the department; for instance, the provisioning of food in at least seven of the larger prisons has been privatised.

Human resource recruitment functions have also been subcontracted to the private sector. The level of proposed private sector involvement also raises concerns about skills and capacity development within the department. If private sector involvement is an admission of lack of skills and capacity, then it is a challenge for the department to develop these skills in its own ranks.

The committee raised the issue of staff morale with the department. Last year the committee visited a number of prisons and had meetings with staff in all these prisons. The main concerns raised by our staff were about promotions. It remains a very big problem. I want to welcome the recent promotion of officials. At all these prisons that we visited, we found men and women, loyal, dedicated and determined to serve their department and their country; men and women who want to see that our correctional services are being counted amongst the best in the world. If you listen to the problems that these people raise, it is not a joke. A person works in a department for 20 years without any promotion to a higher level. Can we really expect this person to be positive? I don’t think it is correct.

I will fail in my duty once more if I did not raise the painful issue of salaries in this debate. We feel that all people must be treated equally. Should the department need the committee’s support in this regard, we will always be ready to assist. All of us in this House know that the most dangerous criminals, rapists, murderers, bank robbers will be sent to one of our prisons. I am asking again: Who will take care of these dangerous criminals? The answer is obvious, that it will be these loyal, dedicated men and women in uniform. We expect them to rehabilitate these offenders. Is it fair of us to pay them the salaries that they are presently earning? No, it is not fair. I will strongly recommend to the Minister that we must improve the salaries of these people. Every minute, every hour, and every day their lives are in danger.

Let me address the issue that the Minister raised about people who take our members hostage. I have said in Zonderwater that we will never ever tolerate that type of thing. People out there think that we are soft on crime and that prisons are hotels. It is not true. I have said that we must also look at the privileges of prisoners. We can’t treat these people as if nothing has happened. We must take some of the privileges away from them so that they feel that we are serious in addressing these problems of the perception that prisons are hotels. We are going to look into the Act this year, at the regulations as a portfolio committee, together with the department, to address that. People that rape our mothers and fathers must really think twice about doing it again. They must know that C-Max is there. Kokstad is there. They will really face harsh treatment.

Ek wil gebruik maak van hierdie geleentheid om, namens die komitee, regter Johannes Fagan te bedank. Die regter het aangekondig dat hy nou gaan uittree en die leisels aan ’n jonger persoon gaan oorgee. Regter, ons sê baie dankie vir wat u vir hierdie land gedoen het. [Applous.] U het geskiedenis gemaak om die euwel van oorbevolking in ons tronke aan almal bekend te maak. Almal weet hoe vol ons tronke is. Baie, baie dankie, regter Fagan.

Mnr Lee, laat ek na jou toe kom, want jy krap aan my en krap aan my en krap aan my. [Gelag.] Jy moet saam met my tronk toe gaan. Ons gaan jou net in een van die selle in C-Max sit. Jy sal nie weer so aangaan nie. Net ’n rukkie in een van die selle in Kokstad en jy sal koelkop daar uitkom en nie weer hierdie soort dinge kwytraak nie. Ek het netnou gehoor jy sê dat jy in Duitsland was. Jy moet vir die ANC dankie sê wat gesorg het dat jy ook Duitsland toe kon gaan. [Gelag.]

Jy was nog nooit uit die land uit toe ons nie in die regering was nie. Jy het soos ’n kuiken hier binne die land rondgehardloop. Dit is hoekom die mense jou nou betaal met spreekbeurte en als. Die ANC is die organisasie wat gesorg het dat jy vandag ook kan praat en langs ’n wit man kan sit. Jy het nooit langs ’n wit man gesit nie. [Tyd verstreke.][Applous.] (Translation of Afrikaans paragraphs follows.)

[I would like to make use of this opportunity to thank Judge Johannes Fagan on behalf of the committee. The judge has announced that he is going to retire now, and will be handing over his responsibilities to a younger person. Judge, we say thank you very much for what you have done for this country. [Applause.] You made history by making known to all of us the scourge of overcrowding in our prisons. Everyone knows how full our prisons are. Thank you very, very much, Judge Fagan.

Mr Lee, let me come to you, because you are bothering and bothering and bothering me. [Laughter.] You must go to prison with me. We are simply going to put you in one of the cells in C-Max. You will not put up such a performance again. Just a little while in one of the cells in Kokstad and you will return level-headed and not do this kind of thing again. I heard you saying just now that you were in Germany. You must say thank you to the ANC who saw to it that you could also go to Germany. [Laughter.]

You never once left the country while we were not in power. You ran around like a chicken in this country. That is why people are now paying you with turns to speak and so on. The ANC is the organisation which ensured that you can also speak today and can sit next to a white man. You had never sat next to a white man before. [Time expired.] [Applause.]]

Mr J SELFE: Chairperson, it was nice to hear the Minister again today. In his ordinary style, he talked about the ship of the department – this huge ship that had to navigate around icebergs and through shallows. I recollect that last year it was a “moerse” [very big] truck that he was driving. [Laughter.]

He also talked about the Skosana prisons and the Balfour prisons. It’s no wonder that the Minister sometimes gets confused about which department he is in charge of. But it is also nice to have had the opportunity to welcome Cheryl Gillwald. She and I came to Parliament together and we were in the old Senate. One day I think we will probably find out why the hon Deputy Minister really left the department and public life.

Over the past few years, the Department of Correctional Services has reorientated itself away from incarceration for its own sake towards the rehabilitation of offenders. The department boasts an organisation-wide approach to rehabilitation in which every correctional official is seen as a rehabilitator. In line with this, the Cabinet approved the White Paper on Corrections, which gives expression to this particular orientation.

The Department has made some progress towards such reorientation, but much more needs to be done. There is not enough professional staff to properly assess offenders and provide rehabilitative services. Thus a social worker will typically have a caseload of over 700 clients while that of a psychologist is much higher.

Many volunteers and organisations, commendably, provide a wide variety of educational and rehabilitative programmes. But at the heart of it, there are simply not enough people or room in the correctional centres to offer the sort of rehabilitative services that need to be provided. This is because the prisons are too full. They are bursting at the seams.

The correctional centres in or near our major urban areas – Pollsmoor, Durban-Westville and Johannesburg, accommodate about three times as many inmates as they were designed to. Just about every other correctional facility is overcrowded to a lesser or greater extent. This presents a huge challenge to the department because, under these circumstances, it is impossible to implement the White Paper effectively.

To understand this challenge, it is important to know where the department fits into the criminal justice system. The SA Police Service, with greater or lesser success, investigates crimes and arrests criminals. The justice department, with greater or lesser success, prosecutes the alleged perpetrators of crime.

The Department of Correctional Services receives those criminals whom the police arrest or the judges and magistrates convict and sentence to imprisonment. No success is required or expected. The Department of Correctional Services must try to accommodate, feed and rehabilitate everybody they get, even if there is no space or staff or sufficient resources to do so. The Department of Correctional Services is, if you like, the garbage bin of the criminal justice system.

Because of this overcrowding, inmates are seldom successfully rehabilitated. The staff are overworked, demotivated and underpaid, as the hon Bloem said. The rate of reoffending is depressingly high. It is a fact that overcrowding leads to stress and aggressive behaviour on the part of inmates. This, in turn, leads to the staff being stressed. It is therefore hardly surprising that the stress levels of the Department of Correctional Services staff are the highest in the public sector – higher than that of police officers, members of the SANDF and firemen.

There are many members of the department – too many to mention individually – who struggle against all odds to make a difference, despite the circumstances in which they have to work. And we take our hats off to those individuals. One individual does need to be recognised albeit posthumously. We too, would like to pay tribute to the late Commissioner Mlombile, who made a huge contribution to the department.

To turn the situation around, however, will require more than the efforts of these dedicated officials. It requires systematic change to our approach to imprisonment and rehabilitation. Moreover, while the Minister and the department must take the lead in effecting this change, it must not be confined to the Department of Correctional Services alone. Let us therefore start with what others must do.

It was once said to me by a Correctional Services official, that the best way to rehabilitate an inmate is never to send him or her to prison. The department is fond of saying that correction is a societal responsibility, and so it is. If we raise our children to be honest, our schools equip learners to earn a living, and if civil society rejects criminal activity there would be less crime and, therefore, fewer offenders.

But the fact is that crime is a reality. Society needs to be protected from criminals and expects them to pay a price for their crimes. What we don’t always get right is distinguishing between the petty criminals and those who commit crime to stay alive, on the one hand, and the violent sociopaths and serious criminals who make a living from the suffering of others, on the other hand. Not every person who commits a crime belongs in prison. Those who do belong in prison sometimes avoid it altogether or enjoy their stay, thanks to their gang connections - as the hon Bloem pointed. Yet our criminal justice system usually sends most offenders, both serious and petty, directly to jail. It does so because there are far too few viable alternative sentencing options.

We have had countless discussions in this House and in the committees on diversion, alternative sentencing and restorative justice. It appears to me, however, that the more we talk, the less happens. In part, this is because there are insufficient places of safety, probation officers and rehabilitative programmes to make diversion and alternative sentencing attractive to the judges and magistrates before whom these offenders come.

The responsibility for making it possible to divert offenders away from the prisons lies, in the first instance, with the Department of Justice and Constitutional Development and the Department of Social Development. But the Department of Correctional Services and the Minister must take the lead in making diversion a reality.

In this respect, it is encouraging that the department is considering a position paper on social reintegration; but even within the department, there are not enough resources at this stage being allocated to these programmes. If the Minister is serious about alternatives to imprisonment, this programme will also have to be properly staffed and resourced.

The other way in which prison overcrowding can be eased is by the construction of new correctional facilities. This need, as the Minister pointed out, was recognised as long ago as 2002, when the planning of four new-generation prisons was starting. Money was allocated to the Department of Correctional Services budget for these prisons. The sites in Kimberley, Klerksdorp, Leeuwkop and Nigel were identified, and in three cases the earthworks began.

However, because of the delays, the costs started to escalate and when construction of these new prisons was due to begin, the money allocated to them in the Medium-Term Expenditure Framework, MTEF, was insufficient. In the case of Leeuwkop, the identified site was subsequently found to be unsatisfactory. Even the successful tenders for the prisons that were to be built have now lapsed, and the tender process has to start all over again.

So here we sit, four years later, without one brick having been laid. Indeed, it’s even worse because the state has paid out some R86 million on earthworks, some of which will now have to be redone because of erosion and other problems. This is obviously fruitless expenditure. Also, more than R100 million was paid in consultancy fees. It is not known how much of this amount is wasted and how much will have to be reallocated. These are the facts.

The department came to the portfolio committee. I am sorry that it gives the Minister a headache and makes him feel sad, so that he has to call all his Cabinet colleagues and cry on their shoulders. But the department came to the portfolio committee and explained how this situation had arisen. The explanations were plausible but nonetheless unsatisfactory, more so because this situation appears to have caught them completely by surprise.

Between June of last year, when we were told documents concerning construction of the Kimberley prison were due to be signed and construction would begin, and February this year, when Public Works told us that there was a problem, the Department of Correctional Services suddenly realised that the construction programme was unaffordable.

What was even more disturbing at that particular meeting was the behaviour of the Minister before the portfolio committee. He delivered a little lecture to us on our duties as MPs. He accused the media of having ulterior motives. He said that the media was promoting the agendas of the security industry. He sounded like a postapartheid P W Botha shaking his finger and railing against the total onslaught being waged against him, the commissioner and the department. It was, with respect Minister, an unedifying display.

He also went on to attack the public-private partnership prisons, which, he said, did not implement the White Paper, and were unaffordable. He said these prisons were, and I quote: “… not addressing critical problems such as overcrowding and rehabilitation.”

These statements are more than a little disingenuous, since the Minister knows that, by contract, the public-private partnership prisons cannot be overcrowded. What is more so, Minister, you know that the rehabilitation programmes that take place in those public-private partnership prisons, on the whole, are much better than many that are provided elsewhere.

Yet in the same breath, the Minister said that the only way that new- generation prisons – was it the Skosana or Balfour prisons, I have forgotten which - would be able to be built was through a partnership with the private sector. The new buzzword is what is called “the public finance model,” the details of which are not yet known or certainly not known to the portfolio committee.

And so we, as MPs, are being asked to approve a budget, which contains money for the construction of correctional facilities, without knowing how that money will be spent. This is obviously a situation of which no responsible MP can approve. It is equivalent to signing a hire purchase contract without knowing exactly what you are buying and how much it would cost. That’s effectively what we are being asked to do.

I think that the portfolio committee acted entirely responsibly when it drew attention to these problems that were contained in the public finance model contracts. We expect to get a full and detailed briefing on how that is going to work because it would have been grossly irresponsible of the portfolio committee to approve those contracts without having the necessary details. Unless we are satisfied that the public finance model is the right way to go, we, from these benches, will not be supporting this budget. I thank you. [Applause.]

Mrs S A SEATON: Chairperson, hon Minister and hon members, may I commence by firstly paying tribute to the committee chairperson, hon Dennis Bloom, who has led the committee in an exemplary manner, ensuring that the committee is really engaging with the department and interrogating the issues.

I would also like to thank the many dedicated, good men and women, including our Deputy Minister, the previous and existing Deputy Ministers, and the many people who are committed to achieving the aims of the department.

There have been many, many wonderful changes for the better over the past 10 to 12 years, there is no doubt about that. But, Mr Minister, you have indicated that you are piloting the ship, and you have accepted that there are problematic aspects. Now where would you be if your crew did not, from time to time, point out where those aspects were? So, Minister, you may not always like what we say, but you need to listen to what we say at times.

Having said that, I must however raise certain concerns. Mr Selfe has alluded to some of these and I am just going to say that I believe that there is complacency within the department on a number of issues and there appears to be a tendency to treat the portfolio committee with contempt when it comes to some issues, and I have a problem with that.

We need to look at the aims of the department. Firstly, enforcing court- imposed sentences: The Minister indicated during his media briefing session this morning that we have just recorded the lowest number of escapes. Congratulations, well done! I think you deserve the accolades on that.

Secondly, detaining inmates in safe custody: This is achieved to some extent. The obstacles faced by the department make it impossible to achieve totally.

The third is the maintenance of the human dignity of inmates; and fourthly, developing inmates’ sense of social responsibility; and lastly, promoting the general development of all inmates and persons subject to community corrections.

With the current overcrowding situation in our country, it is extremely unlikely that the department can adequately maintain human dignity, develop inmates’ sense of social responsibility or promote the development of all inmates and persons. That certainly creates ongoing challenges for the departmental officials who deal with these issues.

One appreciates that the programme for remission of sentences has reduced the prison population, but the numbers are still far too high. And despite the comments by the hon Minister that new prisons don’t deal with overcrowding, and we agree with you, new prisons don’t deal with overcrowding either. But some 24 000 new beds would make the world of difference.

There is a desperate need for these eight new proposed prisons, and I just want to say to you, Minister, yes, you put the blame on former Minister Mzimela and the IFP; let me remind you, the Cabinet agreed to those prisons at the time, so did this portfolio committee and we learnt from our mistakes. It was a mistake and we are saying to you: Let’s not make any further mistakes, let’s know what we are doing before we go ahead. I believe that there is a desperate need to speed up the process of these prisons and I would hope that the committee is going to be hearing a lot more about the process in the very near future.

We need to be fully informed about this new project finance model and we need to know how these prisons are going to work. I would like to see them set up as centres of excellence, that they become working prisons that are going to provide the kind of facilities that would enable us to really achieve the aims of the department.

We need also to look at a major overhaul of the justice delivery system; and Mr Selfe has already alluded to the problems that we see. We are at the receiving end of the justice delivery system and it is high time the Departments of Safety and Security and Justice took responsibility for their shortcomings in the system, to assist in alleviating seriously overcrowded prisons. They need to consider improved policing methods and alternative sentencing to ease the burden that falls on the Department of Correctional Services.

Together we need to agree that community corrections or community service should be applied instead of prison sentences for minor crimes. We need to agree that minimum sentence legislation needs to be reviewed. We need to agree that time spent by awaiting-trial prisoners needs to be deducted from their sentences.

The time spent by persons convicted in regional courts awaiting to be sentenced in high courts needs to be dramatically shortened. We need to see rehabilitation and to maintain that human dignity, and ensure that our people are really developing skills.

We need to do this through work prisons and through attending to the issues that really need to be concerned. We need to learn, as I said, from the mistakes of our past.

Now, we talk about the concerns that we have and Mr Selfe has addressed a number of these. We do not believe that we have been adequately addressed on the issues that the department is facing with regard to these new prisons. It is a mistake that the development of these prisons has taken so long. It is a mistake on our part, a failure on the part of the department to actually ensure that these prisons were built in time.

It is said that success is failure turned inside out. I am saying to you, let us look at the failures of the past, including the PPP Prisons. Let us look at those and ensure that that is turned into success. We are saying, as a portfolio committee, that it is unacceptable for us to pass a budget where we don’t know what we are spending money on.

We might find ourselves, in 10 years time, looking back and the Minister of the day saying: You, know it was in Balfour’s time. It was Minister Balfour who built those eight prisons that were a disaster. It will be this committee’s fault, as much as yours, for allowing it to happen.

So we are saying, and we are cautioning you, Minister, that there are issues that need to be addressed. We, as a party, will pass this budget today. We will agree to support this budget today, to the extent that we have given the department till 12 June to come forward with the full details.

I hope that those details will be spelt out so that we are in a position to pass the budget on 15 June when it comes before us. Because, failing that, Minister, we would find it very difficult to do so. I like you, Minister, and I am not fighting with you as an individual or your colleagues in the department individually; but I am saying that collectively we have got to do the right thing by the people of South Africa, and that is to be cautious. [Applause.] Mme M W MAKGATE: Ke a leboga Modulasetilo, Matona a Mafapha a a leng fa, Maloko a palamente, baeng ba rona ba tlotlego. Ditirelo tsa Kgopololo jaanong di tlhaloswa e bile di tlhaloganngwa ka mokgwa o o gololosegileng wa temokerasi. Lefapha la Kgopololo le na le tshepo ya gore le theile motheo o o tsepameng jaaka le bontsha ka maitemogelo le go tsenya mo tirisong ga ditirelo, go itlhaganetse ka go itsetsepela mo motheong o o setseng o theilwe. (Translation of Setswana paragraph follows.)

[Ms M W MAKGATE: Thank you, Chairperson, Ministers present, members of Parliament, hon guests present. The work of the Department of Correctional Services has now been explained and is understood in a free and democratic way. The Department of Correctional Services believes that it has laid a firm foundation, as it shows its experience in the implementation of services being accelerated, from the foundation that is already laid.]

The introduction of the White Paper on Correctional Services in South Africa demonstrates the strides that the department has taken to locate corrections within a free and democratic dispensation. This indeed is a shared objective by all democratic formations, heeding the call by all visionaries of our nation and our country, to define for us what we want to make of our shared destiny.

As stated by the Minister, hon Balfour, in the foreword of the White Paper: It took the political metamorphosis of 1994 to introduce the first steps along the path of respect for women, life and human dignity. The transformation programme of this country’s first democratic government necessitated that prisons shift from institutions of derision to places of new beginnings.

The White Paper on Correctional Services in South Africa represents the final fundamental break with a past archaic penal system and ushers in a start to our second decade of freedom where prisons become correctional centres of rehabilitation and offenders are given new hope and encouragement to adopt a lifestyle that would result in a second chance towards becoming an ideal South African citizen.

This is in line with the objectives as articulated and posed by the cause and a continuous struggle for the national democratic revolution. It is a cause for a democratic South Africa whereby all shall be constrained and yet, regardless of the accumulated effects of historical burdens, seize the time to define for them what they want of our shared destiny.

A destiny which our forebears and predecessors, former President Nelson Mandela and the current President Thabo Mbeki, have undoubtedly shaped and steered into a direction where we can now proudly pronounce that, as my President in his state of the nation address this year has proudly pronounced, that as we march with speed to this destiny we shall go out with joy and be led out in peace. The mountains and the hills shall break forth in singing before us, and all the trees of the fields shall clap their hands.

The construction of the first four new-generation prisons in Leeukop, Klerksdorp, Kimberly and Nigel will necessitate that as agreed, the challenges associated with the escalation of costs be bridged. The delay needs a collaborated effort to overcome challenges.

The allocation of R10,63 billion to the Department of Correctional Services for the 2006-07 financial year, as compared to the R9,88 billion last year, indicates the government’s commitment to ensure that the objectives of the department are realised.

Surely, we will realise the improvement in the revision of the Correctional Services Act of 1998 to ensure that it is in line with the White Paper on Correctional Services. We will improve and develop new and revised policies in line with the White Paper. We will consolidate plans to give effect to the Accelerated and Shared Growth Initiative of South Africa.

We will implement the aspects of the White Paper in the 36 centres of excellence across the country. We will hire more staff to implement the seven-day working system. A total of 3 057 recruits were hired in the 2005- 06 financial year, and 2 627 appointments are planned for the 2006-07 and 2007-08 MTEF periods.

Security in prisons will be improved, including biometric access and movement control systems for inmate tracking; the vetting of correctional officials and the minimum-security standard policy will be implemented. However, nonperformance of security systems, necessitates that the service- level agreement with private partners be reviewed, eg the Durban-Westville system.

As we move with speed to reconstruct our society there is a need for understanding, but not vengeance; a need for reparation and not retaliation, a need for ubuntu and not victimisation.

The spirit underpinning the dawn of the second decade of our constitutional democracy, as outlined in the address by the President on the celebration of a decade of our Constitution, is the guiding principle for the Department of Correctional Services budgetary policy framework.

As inmates leave our centres they must be ready to be reintegrated into the South African society whose attributes and values must place humanism above greed and individual self-interest to this effect.

The Department of Correctional Services allocation makes provision for the implementation of the recommendation of the Jali report. This is our commitment to pay attention to curbing corruption among our ranks, not only to fight corruption where it exists but also to be seen to be paying attention and investigating allegations of corruption and taking concrete action in cases where corruption is proved to exist.

In the midst of the pessimism of our critics and prophets of doom, Africa shall be at peace. However improbable it may sound to sceptics, Africa will prosper wherever we may be, whatever our immediate interests, however much we carry the baggage of our past, however much we have been caught by the fashion of cynicism and loss of faith in the capacity of the people, let us indeed not err today and say as the President has stated, that nothing can stop now.

The view that because our government is in the hands of black people, it therefore is inherently corrupt, will belong to the dustbin of history together with its proponents. The number of escapes in prison will be a thing of the past, the number of unnatural deaths in our prisons will be reduced and assaults in our prisons will be a thing of the past.

A research study shows that more than 84% of our country’s population believes that tomorrow will be a happy future. This overwhelming majority of our people are saying that the dawn of the second decade of democracy is the age of hope. They are saying that yesterday was another country, where a large number of its youth swells the prisons. As we redress this ugly imbalance of the past, the Child Bill is soon to be passed, which will provide a legislative support in reducing the number of children who enter the justice system. However, I can boldly state that the number of children in prison was reduced in the provinces during the period from July to November 2005. This indeed is a milestone.

In order to implement the Offender Rehabilitation Path, 36 centres of excellence were launched and these centres will be replicated across the country. The centres prioritise key service deliveries and the development of programmes targeting the correction of offending behaviour. Linked to this approach is the establishment of correctional supervision parole boards.

Significant features of these parole boards are the involvement of community members to ensure the involvement of victims of crime and their relatives to make presentation and to attend sessions on the parole board. This will go a long way to facilitate reintegration of offenders to society.

Modulasetilo ke batla go itirela boikuelo mo bobegakgang. Bobegakgang bo ka tswela Lefapha la Dikgopololo mosola thata fa bo ka leka go tlhagisa ditiro tse di siameng tse di dirwang ke bagolegwa ba rona. Bagolegwa le fa ba le phoso,ke batho ba tlhoka tšhono go bontsha setšhaba fa ba sokologile e bile ba ikotlhaela dilo tse ba di dirileng. Bobegakgang fa bo ka lesa go phasalatsa fela tse di sa siamang ka Lefapha la Dikgolegelo, fa bo ka leka gore bo seka ba tsaya letlhakore, bagolegwa ba ka nna le tšhono ya go amogelwa ke setšhaba ka kakaretso. (Translation of Setswana paragraph follows.)

[Chairperson, I want to make an appeal to the media. The media can be of great help to the department if it would show the positive things that our prisoners do. Prisoners, although they made mistakes, need the opportunity to show the nation that they are remorseful for the crimes they have committed. If the media could stop publishing negative things about the department, and take no sides, prisoners may have the opportunity to be welcomed back into society.]

The ANC supports the Budget Vote.

Mr S N SWART: Chairperson and hon Minister, the ACDP shares concerns regarding the delays in the building of certain facilities, some of which are supposed to be completed by April next year. Whilst we appreciate the enormity of the projects involved, we are concerned at the escalation in projected costs and the retendering process.

In view also of exorbitant costs incurred in the public-private partnership programme, the ACDP shares the grave concerns expressed in the portfolio committee regarding the public finance model to be adopted. There is still a huge degree of lack of detail regarding this proposed financial model, as pointed out by previous speakers. Until such clarity has been provided, the question arises whether this budget should be approved. We, as the ACDP, think not.

Whilst the situation regarding prison overcrowding has improved somewhat, overcrowding nevertheless remains a problem and is the root cause of health problems and the spread of disease, and must be addressed.

But the ACDP must agree with the hon Bloem, who pointed out that certain privileges should be reconsidered and, in his words “be taken away”. The public perception that prisons are hotels must be addressed, failing which the prime consideration that prisons are a deterrent to crime will not suffice, so we would support hon Bloem in that regard.

We must, however, continue to highlight the plight of awaiting-trial prisoners who are not a danger to society, but cannot afford bail ranging from R50 to R100. We therefore welcome the fact that the awaiting-trial offender population has reduced from about 49 000 to 44 000. Well done, Minister, in that regard. This is as a result of the ongoing intersectoral focus on integrated case-load management, and this issue needs to be continually addressed to further reduce these figures. One of the key departmental priorities is to combat corruption, with the help of the departmental investigating unit established in 2004 to deal with corruption, assaults and other related cases, and to manage the whistle-blowing policy.

Now, hon Minister, I have asked members whether they were aware of this policy and I was somewhat surprised by the lack of general knowledge about the whistle-blowing policy. I would advise you that the guidelines are soon to be considered; we consider them today in the Portfolio Committee on Justice and Constitutional Development and once those guidelines have been accepted, I trust they will be made known to every member of the department and throughout the Public Service. So I thank you for that, hon Minister.

Children should not be kept in prisons - the previous speaker has already alluded to that - where they may be abused and sodomised in the so-called universities of crime. The ACDP therefore, again, repeats its annual request to the hon Minister to follow up with the Minister for Justice and Constitutional Development regarding the long-outstanding Child Justice Bill. We were advised that we would be considering the Bill this year, but yet again it has been a number of years that I have been imploring for this Bill to be finalised.

As you are aware, this Bill seeks to introduce restorative justice principles and to keep juveniles, who are not a danger to society, out of prison. The key to such an approach is that the public feels safe, the victim is compensated, and the criminal has a change of heart leading to a new way of life. So, we would urge you, hon Minister, to press the Minister for Justice and Constitutional Development in that regard.

There can be no doubt that improving the community corrections programme and thus ensuring that magistrates have greater confidence in sentencing offenders to community corrections rather than prison, would be more cost- effective than building more prisons. We are thus concerned about the vacancies for supervision officials for probationers and parolees, and would we urge you, hon Minister, to look at that.

Whilst there are thus many and varied challenges facing the Minister, the commission and the department, I would on behalf of the ACDP like to thank all the dedicated staff members in all prisons for their committed and hard work in the department. Our particular thanks also to Judge Fagan who will be retiring. I thank you. [Time expired.]

The HOUSE CHAIRPERSON (Mr K O Bapela): I now call the hon I S Mfundisi. Oh, you are here now, hon Groenewald, so you can take the podium. We thought you were no longer coming. [Interjections.]

Mnr P J GROENEWALD: Voorsitter, daardie agb lid moenie bekommerd wees nie, my sê sal ek kom sê!

Die agb Minister het netnou hier gepraat oor die oorbevolking in gevangenisse. Een van die redes daarvoor, volgens die Minister, is die verhoorafwagtendes wat die oorsaak is van hierdie groot probleem. Hy sê hy gaan weer eens in ’n lekgotla en hulle gaan kyk na die probleem. Ek wil die agb Minister vra hoeveel lekgotlas moet daar nóg plaasvind voor die probleem opgelos word, want ons praat die hele tyd, ons sê ons gaan die probleem oplos, maar ons kom nie verder nie.

As ons gaan kyk na die verslag, sien ons byvoorbeeld in die Kimberley- bestuursgebied in die Noord-Kaap is die besetting van gevangenisse teen 133% basies met ’n derde oorbevolk. In Upington is die besetting teen 173% met 73% oorbevolk. As ons gaan kyk na Durban-Westville se bestuursgebied sit ons met ’n besettingsyfer van 181,75%, met ander woorde 81,75% oorbeset. [Tussenwerpsels.] Dit lyk my die agb lid kan somme maak! Die vraag is, wat doen ons daaromtrent?

Die agb Minister sê as dit gaan oor mense wat gyselaar gehou word, gaan hulle maksimum geweld gebruik. Die ironie is net dat wetsgehoorsame landsburgers wat misdadigers in hulle huise kry wat hulle wil aanval, en wat dan maksimum geweld wil gebruik, in hegtenis geneem word. Ons moet een ding onthou: gevangenisse is daar om as straf te dien vir misdadigers en om die gemeenskap teen hulle te beskerm. Dit is die grootste taak van die agbare Minister. (Translation of Afrikaans paragraphs follows.)

[Mr P J GROENEWALD: Chairperson, the hon member should not be worried, I shall state my case!

The hon Minister has just now spoken about overcrowding in prisons. One of the reasons for this, according to the Minister, is that awaiting-trial prisoners are the cause of this major problem. He says that they will once again be having a lekgotla and they will look at the problem. I would like to ask the hon Minister how many lekgotlas should there still be for this problem to be resolved, because we are forever talking about solving the problem, but we don’t make any progress.

If we look at the report we see, for instance, that in the management area of Kimberley in the Northern Cape the prison occupation rate of 133% basically represents overcrowding by a third. In Upington occupation is at 173%, which represents 73% overcrowding. If we look at the management area of Durban-Westville, the occupation rate is 181,75%, in other words, overcrowding by 81,75%. [Interjections.] It seems as if the hon member is good at sums! The question is, what do we do about it?

The hon Minister says that when it comes to people being held hostage, they are going to use maximum force. However, the irony is that law-abiding citizens who encounter criminals in their houses who are about to attack them, are arrested if they want to use maximum force. We have to remember one thing: prisons are there to serve as punishment for criminals and to protect the community against them. That is the greatest task of the hon Minister.]

I want to say to the hon Minister: You said the huge ship was sailing between rocks. Remember, you have a ship full of pirates. The question is: Where are you sailing to? Your reference to icebergs creates the impression you are sailing into the cold, so beware. Thank you.

Mr I S MFUNDISI: Chairperson and hon members, the Department of Correctional Services has the responsibility to ensure that offenders are kept away from society. It has to ensure that they live in humane circumstances and enjoy their rights albeit in a restricted manner.

The greatest problem facing our prisons is overcrowding. Last year facilities intended for 113 000 inmates housed 187 000, an overcrowding of something like 164%. The UCDP calls on all involved in the criminal justice system to put their heads together.

The denial by the police and the prosecution at times to allow people bail exacerbates the system. The judiciary should also set affordable bail for suspects. It is very sad that some lives are getting wasted, because the people concerned could not raise R50 for bail.

One wonders what the purpose is for appointing a judge as an inspector of prisons when his recommendations are scarcely taken into regard by Parliament. The outgoing Judge Fagan has, in almost every report, stated that legislation is also to blame. The minimum sentences set by the legislature, without allowing judges to adjudicate as they see fit, also contribute to the congestion in our jails.

We take note that the intention of the legislation was for the legislators to prove that they have zero tolerance for crime. All this was done without due regard for the resources concomitant with incarceration.

The lethargy of the Department of Justice and Constitutional Development in coming up with a solution to the situation of those people who were sentenced to death prior to the abolition of the death sentence has prevented them from knowing their fate. Some of them could have been released, thus freeing up space. There may be a few people who feel that it is only one prisoner, but we say it is one prisoner too many, and besides, bodies such as the SA Human Rights Commission should also be making a noise to help with this unduly prolonged incarceration.

The state of the nation address by the President of the Republic is seen as a compass to give direction to this huge ship, Mr Minister, and the government and the country as a whole. It is unfortunate that four months since that speech, very little progress has been made by the department on the three issues the President raised on that occasion, and these were: the building of four correctional service facilities, the reduction of the number of children in custody and the implementation of the recommendations of the Jali commission.

Finally, all these things have to be done; but as much as the head and the hands are trained, as indicated by the hon Makgate, through academic and manual studies in our efforts to rehabilitate inmates, the third “h”, the heart, has to be trained too by making sure that these people have access to spiritual counselling.

We all know that the revered St Paul was worse than some of them in his earlier life. Most of the pastors we have today met their Lord from behind bars. We argue that these people need to be exposed to an environment that will nurture their being born again. Let us train their hearts to improve their ethics and conscience. Sera sa motho ke pelo. [A person’s worst enemy is the heart.]

THE DEPUTY MINISTER OF CORRECTIONAL SERVICES: Chairperson, it gives me great pleasure to address this House on the occasion of the Budget Vote for 2006 of the Department of Correctional Services. It is also my first opportunity to address this House in this capacity. I’m therefore not going to be fighting with anybody.

As you all know by now, our White Paper was approved by Cabinet in February

1. Since that time, the department has been gearing all its efforts towards realising the objectives articulated therein. The White Paper says, I quote:

Correction is much more than just crime prevention, but should be
approached in a holistic way through committing the department to
broader societal challenges impacting on corrections, such as the level
of dysfunction within South African families, the regeneration of
positive social values, poverty alleviation and sustainable growth and
development.

However, from the Inspecting Judge to all our centre managers and to the portfolio committee, we are all agreed - and most members who have spoken here have also articulated this - that the single biggest obstacle to placing rehabilitation at the centre of our activities is the overcrowding within our facilities.

We have an offender population of 158 032 and we are overpopulated by over 50 000. For example, a section in Johannesburg Medium B correctional facility, also known as Sun City, is 344% overcrowded; the sentenced male population is 4 293 and sentenced juveniles are 177. This therefore gives a total of 4 470 whereas the capacity of that particular section is only 1 300 people. The impact of overcrowding on our ability to deliver on our core functions, as articulated by our White Paper, is therefore severely minimised.

In my contribution today regarding Budget Vote No 20, I will make reference to the following areas: social reintegration; the area of HIV and Aids; development and care for offenders; juveniles and children in the correctional facilities; and, lastly but not least, the Department of Correctional Services’ contribution to Asgisa.

Regarding social reintegration, restoration and restorative justice are recognised as the cornerstones in the rehabilitation of offenders. The White Paper seeks to overhaul our correctional centres by transforming them from so-called “universities of crime”, into effective rehabilitation centres.

It is common knowledge that South Africa is among the countries with the highest incarceration rates in the world, and has a criminal justice system that is more likely to sentence offenders to a jail term. Of the 114 000 sentenced offenders, 51 522 are people serving terms of between nought and six months, most of whom can hardly afford bail of less than R1 000; while, even among the awaiting-trial detainees, over 10 000 cannot afford a bail of this same amount or less.

We strongly believe that the challenges facing community corrections and the whole system of correctional supervision lie at the core of the current lack of confidence in the system, amomg the judiciary and members of the public. A new policy framework is being developed through a major restructuring of the system in order to centralise principled participation of various role-players including family, communities, nongovernmental organisations, faith-based organisations and our partners in the criminal justice system.

The programme seeks to build partner and public confidence in the system, optimising participation of all sectors in a manner that is consistent with restoration. I am pleased to inform you that the new financial year’s budget allocation for social reintegration will increase by 9,15% from R313,3 million in 2005 to R342 million in the 2006-07 period, thus reflecting a key shift in our strategic priorities.

In terms of HIV and Aids, in its drive to improve the care services provided to all persons in the custody of Correctional Services, we are obliged to provide primary health care services for all offenders. This year we are in the process of conducting a health needs assessment based on government priority areas, and we are also conducting an HIV/Aids prevalence survey. This would assist us in introducing a holistic approach to addressing the impact and effects of HIV and Aids in correctional centres and amongst our own members. This is a voluntary process, which seeks to find an effective intervention mechanism to curb the negative impact of the disease amongst the offender population as well as members.

The department is adhering to the implementation of the comprehensive treatment and care plan of the national Department of Health, which includes the provision of antiretroviral therapy to offenders who qualify for this treatment. I want to stress this: offenders who qualify for this treatment. Offenders who do qualify for antiretroviral therapy are referred to the nearest accredited public health care facility to start the treatment process.

However, the Department of Correctional Services is also engaged with the Department of Health to assess identified correctional centres in all our six regions, which can be accredited to provide antiretroviral therapy. Owing to the fact that these correctional centres must adhere to the stipulations of the Department of Health, and appropriate training for the Department of Correctional Services staff must be completed, the accreditation and roll-out is proceeding rather slowly.

The department was successful in having the first correctional centre accredited at the beginning of this year for the provision of antiretroviral therapy. Grootvlei correctional centre, in the Free State region - hon Bloem will be happy - has been accredited by the national Department of Health. We applaud them for having met the Department of Health standards as a site for ARV treatment. Two additional centres in the regions of KwaZulu-Natal will follow shortly.

The partnerships forged between the provincial department of health and the regional office in the Free State has contributed to the successful completion of this accreditation process. Grootvlei will indeed be utilised as an example of best practice and will be a blueprint for the accreditation of additional correctional centres throughout the country.

The department is also currently undertaking a survey on prevalence of HIV infections amongst staff and offenders. An external service provider has been appointed to undertake the survey. A sample has already been drawn using random sampling techniques in the Gauteng region. The sample represents 10% of the personnel population of sentenced offenders per population respectively. The department has sought ethical approval form the Human Sciences Research Council, HSRC, for this survey. This, we hope, will be granted shortly.

The HSRC was also very complimentary towards us, in that the state department would actually seek ethical approval for its research activities. This, I think, the Department of Correctional Services must be commended for. Is no one going to commend us? [Applause] Thank you.

Depending on the outcome of participation in Gauteng, the survey will be rolled out to various centres across our country. Participation in the survey is voluntary and confidentiality is guaranteed. It is expected that the final report of the survey will be available round about October this year. The findings of this report will also assist the Department of Correctional Services to reallocate resources and reprioritise programmes and policies in terms of addressing HIV/Aids in our facilities.

Regarding development and care, our emphasis on educational and social reintegration for offenders is a key component in transforming the Department of Correctional Services from a punitive to a rehabilitation institution. We are pleased that the budget allocation for development and care has increased by 29,3% for the current financial year, that is from R393,3 million in 2005-06 to R1,2 billion in 2006-07. Central to delivery on our mandate is the provision of humane and secure custody of offenders in an environment that is conducive to rehabilitation of offenders.

As indicated earlier, our interventions in terms of development and care for offenders is premised on the need to build socially responsible individuals. To realise this mammoth task, the department is finalising a new policy for the introduction of compulsory rehabilitation programmes that were designed and accredited in the last financial year. These will include a sexual offenders programme, anger management programme - which I think some of us must attend - HIV and Aids awareness and, lastly, a prerelease programme to prepare offenders for social reintegration.

In order to implement these objectives, the Department of Correctional Services has made the improvement of human resource capacity development and management a key priority. In this regard, it is, however, sad to note that the DCS finds it extremely difficult to attract professionals to the department, as the conditions of service do not compare favourably with other government departments. The recruitment and retention of teachers, social workers, and health care professionals is of grave concern. We will continue to lobby our colleagues in the Treasury - the Minister of Finance is not here - and the Department of Public Service and Administration to address the salary imbalances and incentives.

However, in the short term, the DCS must look at alternative strategies to beef up human resources within the department. For example, we may need to encourage and call on retired members of communities from these various disciplines to come forward to assist the DCS in its development, care and rehabilitation programmes.

As we approach the child protection week, it is prudent that I remind you about our constitutional stipulation that prohibits the admission of children into correctional facilities except as a last resort. I refer you to Chapter 2: Bill of Rights, section 28, I quote:

Every child has the right – (g) not to be detained except as a measure of last resort, in which case, in addition to the rights a child enjoys under sections 12 and 35, the child may be detained only for the shortest appropriate period of time, and has the right to be – i) kept separately from detained persons over the age of 18 years; and

 ii) treated in a manner, and kept in conditions, that take account of
     the child's age;

Together with the Department of Social Development we have identified several places of safety for young offenders. We have designed intervention programmes for the development and care of offenders, correction of offending behaviour and reintegration of offenders into society.

I am pleased to inform you that our most recent allocations for this financial year have seen a marked shift in line with the department’s strategic plan expressing this change of emphasis towards rehabilitation. This reflects a key shift to aligning our strategic objectives with that of the White Paper. The increased budgetary allocations should be seen as the department taking clear and focussed steps towards making our White Paper a reality.

During this financial year, the department will enhance its partnership with the Setas, government departments and community organisations in order to expand learnerships for parolees and computer literacy among sentenced offenders as part of our contribution to the skills revolution espoused by Asgisa.

To complement our community outreach projects, in terms of poverty alleviation and as part of community service projects, we have undertaken to engage our offenders in the maintenance of services at local government level and also in communities where critical services are required.

In order to supplement health care delivery programmes, the department will utilise external community caregivers and community health workers to render primary health care services to our centres, within the context of advancing the Asgisa objectives.

In the area of assisting with the development of youth capacity in needy communities, the department has already granted 300 graduates an opportunity to do their learnerships in social work, youth development, geriatrics, disability issues and child care within our correctional centres. This will assist in terms of ensuring that young graduates are able to accumulate the necessary experience and expertise that is so much required in the job market, thus paving the way for them to be employable after the completion of their learnerships programmes. The Department of Correctional Services strives to assist both offenders and victims in the restoration of themselves, families and community life in general. At this point, I want to pay a special tribute to our many partners who include faith-based organisations, former offenders, the regional parole boards, the recently launched Parole Review Board, and specialist NGOs like Khulisa and Nicro, the President’s awards programme and the many individuals who just offer their time, energy and resources to assist the the Department of Correctional Services in executing its mandate on corrections, rehabilitation and reintegration of offenders.

In conclusion, I would like to say I believe that much is possible if we are prepared to confront the realities, cut our sails according to the wind and accept that forgiveness is not divine but means restoring a sense of security to both the individual and the community at large. Since taking office in February, I have been supported and welcomed most warmly by the Minister and many colleagues within the Correctional Services family.

I would like to take this opportunity to offer all my colleagues, my office staff and my partner my heartfelt thanks and appreciation for their co- operation and guidance in this very challenging and difficult portfolio. Special thanks also go to the portfolio committee, which is led by hon Mr Bloem. I thank them for their vigilance and oversight on matters affecting Correctional Services. Continue keeping us on our toes. Member Bloem and your committee, continue to keep us on our toes.

Last but not least, let me also add my voice to that of the Minister and others who have thanked the department, very ably led by Commissioner Mti. I also want to thank his management team and all staff within the Department of Correctional Services for striving very hard to make the White Paper a living document and trying to bring out the thread that runs through it – that of corrections, rehabilitation, social reintegration and indeed, new beginnings.

Mr E T XOLO: Chairperson, the hon Minister and his Deputy, Ministers present, the National Commissioner and members of the Correctional Services and the House at large, the Freedom Charter pronounces that “There shall be peace and security for all”. But before I embark on this pronouncement, I wish to tell you and your august House that we in the ANC support the Budget Vote as a whole. I wish to emphasise that it is not correct and it is not true, as has been widely reported in the media, that the ANC rejects the budget as stated by the hon member of IFP Mrs Seaton in Business Day of Friday, 19 May. We in the ANC reject this notion with the contempt it deserves.

I want to tell you and the House that I am surprised that my colleague from the South Coast is stating that she is rejecting the budget. She is the very one that moved the adoption of the budget at our portfolio committee meeting last week. I do not know what she is now talking about. To quote from the Holy Book, St John the Evangelist says: “You shall know the truth and the truth shall set you free”.

It is proper to begin by saying that on 8 May there was a joint sitting here in Parliament to celebrate the 10th anniversary of the 1996 Constitution. We take pride in our 10 years of our constitutional democracy. In the context of this debate, section 35 (2)(e) of the Constitution guarantees the right of every detainee to conditions of detention that are consistent with human dignity.

The conditions of human dignity create a healthy environment for inmates, awaiting-trial detainees, including staff members and the public. The White Paper on Correctional Services endorses this position when it points to the task of delivering quality services to offenders and to create a favourable working environment, conducive to officers to serve as rehabilitators. The goal of an imprisonment sentence is the rehabilitation of the offender in order, once again, to become a law-abiding member of the community.

For security to be improved requires the budget to expand in order to have more resources and personnel. It must be emphasised that safety and related matters are a priority in the department. In accordance with the comprehensive and effective strategy for security in prisons, the Department of Correctional Services will also make use of its budget in order to ensure that the community would be protected against the outcry that you always experience, even when an inmate is being released into the community. This would help the department, as we currently do not have structures like those that the SAPS have in terms of community policing forums. The current facility programmes are among the advanced technological forms of enhancing safety and security in correctional centres. These safety projects include the following: information technology, fencing, TV monitors and X-ray scanners at gate entrances. This is in order to promote safety and security of the offenders, awaiting-trial detainees and staff members.

The safety of prisoners requires a wider co-operation involving other government departments and society. It is a fact that prisoners need to be incarcerated in prisons that guarantee their safety as individuals. This involves conditions that are less overcrowded, nutritious meals and adequate medical treatment. As quoted above, section 35(2)(f) guarantees the right of prisoners to communicate with, and the right to be visited. Part of this approach includes the rehabilitative programmes to ensure the reintegration of the offenders back into the community.

This involves concerted training programmes such as multiskilled-based job training and opportunities for formal education to get recognised certificates in various fields of work. This ensures that the skilled and empowered prisoner is no longer a threat and a liability to his community, but an asset as a rehabilitated and capacitated member of the community.

Part of this is to give the individual offender a responsibility in matters involving leadership roles, to enhance communications and duties among themselves as inmates. This is to empower offenders to be self-supportive and efficient in order to correct the past criminal behaviour and make the future better. This approach exists within the current practices of the Department of Correctional Services and needs to be entrenched. In this context the Department of Correctional Services’ Strategic Plan aims at ensuring the reduction of deaths in prison, both natural and unnatural, including as a result of assaults, etc. The security programme on antigang strategies will be implemented to prevent prison gangs as they present security threats to other fellow prisoners and staff, and I wish to appeal to the gangsters to desist from holding staff hostage in any way, as the law will catch up them, in one way or the other.

The White Paper aims to entrench a safe working environment for staff of the Department of Correctional Services. The department needs to improve safety-related matters in a co-ordinated manner. This involves the effective use of the existing resources and calls for more money. Indeed, there must be an increase in the personnel capacity, including recruitment of additional staff and skills development programmes. These challenges require healthy worker-employer relationships on the ground in order to enhance proper security measures.

In conclusion, as mentioned above, the Department of Correctional Services’ biometric security access systems will be installed in 60 correctional centres. The first targeted will be the larger prisons, such as Pollsmoor and other centres of excellence. The Department of Correctional Services has introduced a policy on minimum security standards to prevent violent incidents and escapes. This will prevent escapes en route to courts and hospitals, as this appears to be the case. These security measures are great achievements and must be adhered to all times because oversight experience reveals that in some prisons, the security at entrances inside the prisons is not tight enough at all times. On this note, the budget needs to be expanded to ensure the speedy implementation of the safety and security programmes.

Before I sit down, I want to tell Mr Selfe that the ANC has responsible members and those are the very members whom are going to pass this Budget Vote. I thank you.

Ms S RAJBALLY: Chairperson, hon Ministers, while some crimes in South Africa continue to show a decrease, crime in general in South Africa continues to be one of our most serious problems. Last week’s violent security strike was a clear depiction of that. In all honesty, it is felt that there is minimal fear of the long arm of the law and that the belt needs to be tightened to seriously deter crime.

Well, even though our prison population has decreased from 186 000 to 155 000 our prisons remain overcrowded. The prison construction programme having lagged at least two years behind schedule, makes the President’s undertaking to build four more prisons seem impossible and addressing overcrowding minimal. The fact that the funding was available and the DCS had experienced some savings leaves the setback questionable.

Our dissatisfaction with the mixing of minor and major offenders is expressed, noting the hazards of attracting minor-crime prisoners into committing major crime is great and seriously hampers our progress in crime deterrence, rehabilitation and prevention.

The MF further expresses its concern about the issue of juvenile delinquents. We need speedily to facilitate our minor-crime prisoners in separate facilities. Our juvenile prisoners in turn need also to be maintained in separate prison facilities. Since overcrowding does exist, the MF calls for this urgent division of prisoners.

We are, however, pleased about the department’s serious attack on corrupt officials and the institution of the Jali Commission, recommendations by our hon President.

In regard to health services, the MF expresses its concern about the Department of Correctional Services’ HIV/Aids service policy for offenders. These prisoners have a constitutional right to sound health. We feel, noting the seriousness of HIV/Aids, that those infected prisoners might be carrying it back into society. Prisoners should thus be provided with antiretrovirals.

We are, however, concerned about the safety at prisons, during the transfer of prisoners and so forth. In the light of this we request that the shortage of staff be addressed speedily. Liveable salaries should be offered and made available for these correctional services employees.

The MF is confident that if the Department of Correctional Services applies its budget allocation effectively and efficiently, it may address all the problems it is challenged by. The construction of four more prisons and renovations to existing prisons need to be prioritised. Further, we seek the intense rehabilitation of prisoners to deter crime, which will make South Africa a safe place to live in and a safer place to visit. The MF supports the Budget Vote. Thank you. [Applause.]

The HOUSE CHAIRPERSON (Ms C-S Botha): Order! The hon Ngwenya; I believe this is a maiden speech.

Nkk W NGWENYA: Somlomo, ngqongqoshe, malunga ahloniphekileyo nomphakathi wonke, ngizokhuluma ngenhloso yobulungiswa ngiphinde ngisho futhi ukuthi I ANC iyayisisekela lesisabelo mali. Ukujezisa kunenhloso kusukela kudala. Umhlahlandlela wenkululeko we ANC I Freedom Charter uthi, kuyolinganwa emthethweni. kuleyondima lapho inhloso yokujezisa ichazwa ngokuzama ukufundisa kabusha izaphulamthetho izindlela zokuziphatha nokuba izakhamuzi zihloniphe futhi zilandele umthetho wezwe. Kukulokho umnyango wezokuvuselelwa kwezimilo ukuthathela kuwo ukuvuselelwa kwezimilo ngokulandela imigomo nezinhlelo zomnyango. Umbiko wonyaka ka 2005-06 uzama ukuqinisa ukuvuselela izimilo ngokubeka izaphulamthetho ohlelweni lokulungisa izinhlelo nokuthuthukisa imigomo. Imiphakathi izoba nezinhlelo zokwamukela izaphulamthetho kuleyomiphakathi yazo. Kulokho kunjalo imiphakathi idinga imali eningi ukulungiselela iznhlelo zokwamukela abantu babo emiphakathini. Lokhu kudinga izinsiza ukuze kufezwe izidingo zomnyango. Izaphulamthetho eziphuma ngoshwele zidinga usizo olwanele kwabezenhlalakahle ababhekele ukuziphatha kwezaphulamthetho eziphuma ngaphambi kwesikhathi kanye nomphakathi.

Empeleni impumelelo ekuvuseleleni izimilo idinga ukwenziwa ngokubambisana nomphakathi. Lomsebenzi udinga ukubandakanywa komndeni, umphakathi, izinhlangano ezingekho ngaphansi kukahulumeni njenge Nicro, osomabhizinisi, amasonto kanye nabanye abaholi emphakathini. Ukuvuselelwa kwezimilo kwenzeka kahle uma umuntu amukeleka kahle emphakathini, angaphinde aphule umthetho. Uma isimo somndeni, nomphakathi, nobuya ejele singaguquki kubanzima ukwamukeleka emphakathini kwesaphulamthetho.

Izinhlelo zokubuyisela emphakathini: Ukuvuseleleka kwezimilo kuba yimpumelelo uma isaphulamthetho samukeleke kahle emphakathini ngendlela yokuthi singaphinde siphule umthetho. Imibiko eminingi yomnyango wokuvuselelwa kwezimilo ubuka ukwamukeleka emphakathini njengento eqhubekayo,eqala ngesikhathi umuntu engena ejele. Ukubandakanywa komphakathi kubalulekile kakhulu. Umqondo wokubuyisela emphakathini noma ukuziphatha kombanjwa kumele kuxazululwe emphakathini lapho kuqala khona. Lokhu kusho ukuthi kumele kube khona izinsiza khona kuzosizakala abaphuma ejele ukuze babe yizakhamuzi ezilandela nezihlonipha umthetho wezwe.

Usomqulu ka 2005 uqinisekisa ubudlelwane phakathi kukahulumeni, nesizwe nobudlelwane neminye iminyango kahulumeni ekuthuthukiseni izindlela zokuvikela ubugebengu. Lokhu kufuna ukuqinisekisa ukuthi izinhlelo zomphakathi ezincike ezinhlelweni ezahlukene zokuthuthukisa izindlela zokunqanda ubugebengu emphakathini ziyaphumelela. Kumele kube khona ukubambisana emphakathini. Ukuthuthukiswa komphakathi kumele kunike ophuma ejele indlela yokuba akwazi ukuphila impilo engcono kwezomnotho, emoyeni, emasikweni kanye nakwezombusazwe. Umnyango wezokuvuselelwa kwezimilo uqinisekisa izizinda zokuqeqesha eziyisikhombisa. Lokhu kusohlelweni lwezidingo zamakhono ngaphansi kwe National Skills Development Act. Ukumiswa kobuciko namasiko bokuvikela ubugebengu kuthuthukisa indlela yokuvuselela izimilo kuzaphulamthetho futhi kuyintuthuko enkulu. Indlela okusho ukuthi –centre iwusize kakhulu umnyango wezinhlelo eziningi ezamukelekile kuhulumeni. Empeleni isikhwama samakhono siyikhiphile imali yokufundisa abasemajele. Lokhu kusiza ekwandiseni inani lezaphulamthetho ekufundeleni umsebenzi.

Ngaphezu kwakho konke lokhu, kusohlelweni lwentuthuko yamakhono lapho abasemajele kuhambisana nezemfundo yabasemajele. Impumelelo yaloluhlelo idinga izinsiza ezanele. Njengoba sigubha iminyaka eyishumi yomthethosisekelo, isigaba samashumi amathathu nanhlanu, ikhasi2. A somthethosisekelo wezwe sibalulekile ngoba sinika osojele isithunzi somuntu kanye nendawo ekulungele ukuhlala umuntu. Kubalulekile kithina sonke ukuthi sisize ekuhlangabezeni lelilungelo lomuntu.

Inqubo yokwakha amajele amasha ayisishiyagalombili iyaqhubeka. Kulamajele ayisishiyagalombili, amane esebaliwe onyakeni wezimali odlule, azoba sendaweni yase Kimberley, Leeukop, Nigel nase Klerksdorp kanti amanye amane njengoba kushiwo ku sona nawo asohlelweni oluqhubekayo, azobekwa ezindaweni ezithize. Umnyango uzokwakha amajele amane ezindaweni lapho kungekho khona amajele. Lomqondo uhambisana nohlelo lukahulumeni lwe Accelerated Shared Growth Initiative of South Africa okungukunikezela ngamathuba emisebenzi ebantwini bendawo. Njengoba sekubikiwe umnyango, izimali zokwenza lemisebenzi zikhona. Umnyango wemisebenzi yomphakathi usinikile isiqiniseko sokuthi lomsebenzi uzoqedwa ngesikhathi esibekiwe, esiyizinyanga ezingamashumi amabili nane. Ukwakhiwa nokuphathwa kwamajele kumele kube sezandleni zombuso, kungabi sezandleni zabenzuzo. Lokhu kuhambisana nomgomo kahulumeni wokuthi ukuvuseleleka kwezimilo kwenziwe umbuso. Kuliqiniso elengangabazeki ukuthi umbuso wakha amajele amasha ukuhlangabezana nokugcwala kwamajele. Lokhu kuambisana nesidingo sikahulumeni sokuhlalisa izaphulamthetho endaweni engcono futhi enobuntu. Ngizophinde ngisho futhi somlomo ukuthi I ANC iyawuseka umthethosivivinywa. Ngiyabonga. (Translation of isiZulu speech follows.)

[Mrs W NGWENYA: Chairperson, Minister, hon members and the public, I am going to talk about the aim of correctional services, and I would also like to say that the ANC supports this budget. Punishment has had an objective since a long time ago. The ANC Freedom Charter says, “All shall be equal before the law”. It is in that chapter that the aim of punishment is explained as the intention to re-educate offenders with regard to ways of conducting themselves and to be responsible and law-abiding citizens. In this regard, the Department of Correctional Services aligns its aims and objectives with the Freedom Charter. The 2005-06 report tries to enforce correctional services by putting offenders under correctional supervision. The public will have programmes to accept offenders in their communities. The public needs a lot of money to prepare for the integration of these people into the community. This requires facilities to achieve the aims of the department. Offenders who are released on parole need the help of social workers who are in charge to monitor their behaviour, as well as that of the public.

The success of correctional services depends on collaboration with the public. This job needs the collaboration of the family, the public, nongovernmental organisations like Nicro, business people, churches and community leaders. Correctional service has been achieved if the offender is well integrated into the community and he/she doesn’t do crime. If the situation of the family, the community and the one who is coming out of prison doesn’t change, the integration of the offender into the community becomes difficult.

With regard to the programme of reintegration into the community, correctional service has been achieved when the offender is accepted in the community in such a way that he/she doesn’t do crime again. The reports of the Department of Correctional Services look at integration into the community as an ongoing thing, which starts when the offender goes to jail. The co-operation of the public is very important. The idea of reintegration into the community or the conduct of the offender should be solved in the community where it began. This means that we must have programmes to help those who are coming out of jail so that they will be law-abiding citizens. The white paper of 2005 describes the relationship between the government and the nation, and the relationships with other government departments in developing ways of crime prevention. This is to ensure that public programmes are aligned with ways of developing and that the prevention of crime against the public is successful. There must be co-operation with the public. Community development must afford the inmate the opportunity to live a better life wealthwise, spiritually, culturally and politically.

The Department Correctional Services has seven training institutions. This is in line with skills development in terms of the National Skills Development Act. The setting up of technology and the culture of preventing criminality promotes the rehabilitation of offenders, and this is a major developmental step. The centre has helped the department a lot with the programmes that are acceptable to the government. The Skills Fund has allocated the money to train inmates. This helps to increase the number of offenders who receive skills training.

Besides this, it is in line with skills development to educate inmates. The success of this requires a lot of money. As we are celebrating ten years of the Constitution, clause 35 in Chapter 2 of the Constitution is important because it gives detainees dignity and a proper place as human beings. It is important for us to help with regard to human rights.

The project of building nine new prisons is still on track. Eight of these prisons were started in the last financial year. They are in Kimberley, Leeukop, Nigel, and Klerksdorp. The other four are going to be located in certain other places. The Department is going to build four prisons where there are no prisons at present. This idea is in line with Asgisa, to create jobs for local people. As it was reported, the money to do this job has already been allocated. The Department of Public Works gave us the assurance that the work is going to be completed within the projected time, which is two years. The construction and management of prisons should be in the hands of the government, not financial opportunists. This is in line with government policy that the government should administer correctional services. It is a fact that the government is building prisons in order to deal with the problem of overcrowding. This is in line with government’s duty to house prisoners in a better place that has dignity. Let me say it again, Chairperson, the ANC supports this budget. Thank you.]

Mr S SIMMONS: Madam Chair, hon Minister, Deputy Ministers and colleagues, the last time I spoke on correctional services the situation in the department was not what it should be. This department is renowned for what seems to be questionable management incompetency.

The single most important shortcoming is the provision or lack thereof in the budget for establishing an adequate infrastructure in order for the department to achieve one of its core objectives, namely rehabilitation of inmates. It is generally accepted that social workers and other vocational workers play a crucial role in the process of rehabilitating offenders. Currently the ratio between social workers and offenders is not adequate for successful rehabilitation. There is no way that the department will come even close to achieving the objective of rehabilitating offenders. On the contrary, our prison system in its current state is a breeding ground for hardened criminals.

A further problem hampering rehabilitation is overcrowding. The problem of overcrowding is largely caused by ineffective legislation. Here I specifically refer to the minimum sentence legislation.

Die probleem hier is dat daar blyk ‘n verband te wees tussen hierdie wetgewing en die oorbevolking in tronke. [The problem here is that there seems to be a connection between this legislation and the overcrowding in prisons.]

I therefore wish to support Judge Hannes Fagan in his call for a review of this legislation and the consideration of the SA Law Commission’s report in this regard. At the same time I wish to tell the hon Minister that I do acknowledge that there are other contributing factors to overcrowding that fall outside the responsibility of the Department of Correctional Services, such as unaffordable and restrictive bail conditions, court delays and even poor judgement when arrests are made. [Time expired.] Thank you, Madam Chair.

Mopišopo L J TOLO: Mmagorena Mosepediši wa modiro, pele ga ge nka tšwela pele ka polelo ya ka, a ke re go Tona mohlomphegi Ngconde Balfour le mokomishinaremogolo wa rena mohlomphegi Mti, re kwele ka ga lehu la mokhomišinare wa rena Mna Mlombile gomme dipelo tša rena di kwele bohloko ka kudu. Re le ba-ANC re re a moya wa Mna Mlombile o robale ka khutšo. Ge e ba go le diphošo tšeo a ka bego a di diretše Modimo a a mo lebalele tšona.

Re le ba-ANC re thekga ditekanyetšo tša kgoro ye ka mešogofela. Ke fo be ke gakantšhwa ke mohlomphegi Simmons yo a sa tšwago go fa polelo mo. Go bolela nnete, ke thoma go mmona ge a bolela fa. (Translation of Sepedi paragraphs follows.)

[Bishop L J TOLO: Madam Chairperson, before I proceed with my speech, let me convey my heartfelt sympathy to hon Minister Ngconde Balfour and hon Senior Commissioner Mti. We received the news of the passing away of the Commissioner Mr Mlombile with very sad hearts. May his soul rest in peace and may God forgive his sins.

We, as the ANC, support the budget with all respect. I am just surprised by hon Simmons, who has just spoken. To be honest, I only just became aware of him as he was speaking.] Om die waarheid te sê ek was saam met hom sedert 1994 hier gewees maar dis die eerste keer dat ek hom hoor praat. Hy daag glad nie op by ons vergaderings nie. Ek dink hy behoort hom te skaam, want hy weet self dat as hy praat – soos agb Lee - gaan hy nie die waarheid praat nie. [Gelag.] Jy moet darem skaam kry, my maat! Eendag sal ek saam met jou kerk toe gaan en as jy praat gaan ek vir die gemeente sê dat jy nie die waarheid praat nie want by die Parlement woon jy glad nie vergaderings by nie, en ook hier praat jy nie die waarheid nie. Jy moet nie weer so maak nie. [Tussenwerpsels.]

The HOUSE CHAIRPERSON (Ms C-S BOTHA): Orde! Agb Tolo, as jy die lid aanspreek dan moet jy nie sê “jy” nie, maar “agb lid”.

Biskop L J TOLO: Ja, dit is waar: hy is die agb Simmons. Baie Dankie Mev die Voorsitter. (Translation of Afrikaans paragraphs follows.)

[To tell the truth, I have been with him here since 1994, but this is the first time that I have heard him speak. He does not attend our meetings at all. I think he should be ashamed of himself because he knows full well that when he speaks – like Lee – he is not going to tell the truth. [Laughter.] You should be ashamed of yourself, my friend! One day I will go to church with you and if you speak I am going to tell the congregation that you are not telling the truth, because at Parliament you do not attend meetings at all and here, too, you do not tell the truth. You must not do that again. [Interjections.] The HOUSE CHAIRPERSON (Ms C-S Botha): Order! Hon Tolo, when you address the member you must not say “you” but “hon member”.

Bishop L J TOLO: Yes, that is true: He is the hon Simmons. Thank you very much, Madam Chairperson.]

Mohlomphegi Tona, ke latela seo o se boletšego mong’aka ge o re kgolego ya mehleng yeno ga e swane le ya bogologolo. O boletše therešo. Ke dumela gore o yo mongwe wa bao ba kilego ba golegwa dikgolegong tša maloba.

A ke bontšhe gore ke tlile go bolela kudu ka tša tlhokomelo ya bagolegwa. Ke therešo gore lenaneo la tlhokomelo ya bagolegwa le be le le gona le mehleng ya apartheid, efela le be le sa akaretše bohle. Tlhokomelo yeo e bego e le gona ya bagolegwa e be e le ya babašweu fela. Ebile ge o ka lebelela, go be go na le diwekešopo tšeo di bego di agetšwe go thuša go hlahla fela bagolegwa ba bašweu gore ba be le bokgoni bja mešomo gore e re mohlang ba lokollwa kgolegong ba kgone go itirela. Yo mongwe wa bagolegwa bao ba bego ba le kgolegong, bjaloka ge ke šetše ke boletše, e be e le wene morw’a Balfour.

Seo se makatšago, magagešo, ke gore mmušo wa rena wo o etilwego pele ke ANC, ge bjale o kopanya setšhaba ka moka sa babašweu le babaso gore ba hlahlwe ka go swana, re thoma go sola ka la gore mmušo o dira phošo. Ke nyaka go bontšha gore mohlomphegi Tona o e beile gabotse gobane le Mangwalo a Makgethwa a bontšha gore re swanetše go swarelane melato. Ka segagabobatho, motho o oba molato gomme a sekišwe; morago ga go bonwa molato o a lefišwa gomme a boela setšhabeng seo se tlago mo amogela ka moya wo borutho. Le go rena a go beng bjalo magagešo.

Ke rata go bolela kutšwana ka ga bomme bao ba lego dikgolegong – ke ra bommagorena bao ba swarago thipa ka bogaleng. A ke bontšhe gore ba bangwe ba bona ke baimana. Bjale nna seo ke sa se thekgego le ganyenyane ke gore ba thušwe ka mobu - gobane ba bangwe ba baimana ba na le go ja mobu. Ga ke dumela gore re ka ba nea mobu gore ba o je.

Basadi bao ba lego mmeleng ba kwana le dienywa tša go swana diapola le tše dingwe. Nna ke be ke re go ka ba bjang gore tšeo ba di kganyogago re lekeng go ba nea ka gore di re fepela ngwana yo a lego mo mmeleng wa mmagwe – ngwana yo a tlilego go ba moetapele yo mokaone wa ka moso. Eupša seo nkago se gatelela ke gore re a tseba gore ba bangwe ba basadi ge ba le mmeleng ba rata go ja mobu gomme ge e le wona re se ke ra ba nea le ganyenyane. [Disego.]

Ka le lengwe la matšatši re rile ge re etetše go ye nngwe ya digolego ka profenseng ya gešo ya Limpopo, ke na le mohlomphedi Mna Denis Bloem le Mokomišinare Tshivhase, re ile ra wela mmagwe ngwana wa lesea la kgwedi tše selelago a fepa ngwana ka boušwa bjo a bego a bo hutšweditše ka meetse. Taba yeo re swanetšego go e hlokomela kudu ke gobane phošo yeo e dirilwego ke nna goba mmagwe ngwana, ngwana ga a e tsebe. Ka gona re swanetše go hlokomela gore bana bao ba ja dijo tšeo di swanetšego.

Ga ke tsebe gore re ka dira bjang ka bommawešo bao ba lego dikgolegong ka gore ge ngwana a gola a se na mmagwe o ipona bošuana. Go bolela nnete, ka tlhago ngwana o rata tatagwe, efela ga a nape a mo rata ka kudu go swana le mmagwe. Go swana le nna, ke rata tate, eupša ga ke mo rate kudukudu go swana le mme. Ga se gore tate ke mo hloile. Ga ke tsebe gore re ka dira bjang gore bagolegwa ba basadi bao ba nago le bana ba banyenyane ka ntle ba fele ba bona bana ba bona kgafetšakgafetša gore bana ba gole ba bona lerato la bommagobona.

Ke rata go bontšha gape gore ke kgahilwe ke mohlala wo o dirilwego ke Tona Ngconde Balfour. Ka le lengwe la matšatši ge re be re le kgolegong ya Pollsmoor, go be go le mogolegwa wa mosadi yo a bego a batametše go lokollwa. Yena o rile go lokollwa, Tona a laetša ditšhaba tša borwa bja Afrika le lefaseng ka bophara gore ge motho a dirile phošo gomme a ahlotšwe, a amogele molato wa gagwe. A Modimo a go šegofatše, mohlomphegi Tona. Mangwalo a Makgethwa a re yo a kwelago yo mongwe bohloko le Modimo o tlo mo lebalela dibe tša gagwe. O tloge o e swere, mohlomphegi Tona. Le rena bohle re lego fa a re hlokomeleng gore Tona o re file malebiša gore re amogeleng bao ba re diretšego diphošo mohlang ba boago kgolegong.

Mongwaledipharephare wa Ditšhabakopano, Kofi Anan, o rile ge a bolela ka la 14 Matšhe 2006, a bontšha gore Afrika-Borwa ke naga yeo e bontšhitšego mohlala wa ditshwarelano ka TRC - gobane re swaretše bao ba ilego ba re gobatša, ba re kweša bohloko, ba re bolaya, ba re hlahlela dikgolegong. Seo se ra gore bohle bao re lego mo ge motho a e tšwa kgolegong a re se mo kgetholleng, eupša re netefatšeng gore re mo amogela ka ‘atla tše pedi, re beng le yena, re pheleng le yena mmogo gobane ke ngwana wa rena, ke ngwanaborena, re se ke ra mo kgetholla gobane ge re mo kgetholla re dira gore a tuke pefelo yeo e tlago mo iša melekong gape. Tona o tloge a re laeditše mohlala gomme ke dumela gore bohle bao re lego fa re tla o latela.

Pukung ya Mateo 18: 21-22 re bala gore: Ke mo Petrose a tlilego go Jesu, a mmotšiša a re: Morena, na ge ngwanešo a ka no fela a mphošetša, ke mo lebalele gakae? Ke mo lebalele gašupa?’’ Jesu a mo fetola a re:Nna ga ke re gašupa, eupša ke re ga masome a šupago a balwa gašupa.’’ Bagešo, ke ra gore ke mošomo wa rena go lebalela bao ba re diretšego diphošo gomme ba ya dikgolegong. Seo se boletšwego ke Kofi Anan re swanetše go se phethagatša ka gore o re dinaga tše dingwe di a swarelana bjale ka rena mo Afrika Borwa ge re dirile gore go be le tshwarelano. Gape o bontšhitše le gore Ditšhabakopano di tšea malebiša go Afrika Borwa.

Seo se ra gore le go tše tša dikgolego Ditšhabakopano di ka tšea malebiša go Afrika Borwa. Ka gona, ge re ka dira ka mokgwa wo rena MaAfrika-Borwa re dirago ka gona re tla be re dira mošomo wo mobotse. Ga ke dume gore re lebeleleng Tona goba Mokomišinare ba le noši goba Kgoro ya Ditirelo tša Tshokollo ya Basinyi. Mošomo wa dikgolego o lebane le rena ka moka mo borwa bja Afrika.

Ge re be re ile go bona bagolegwa kua Pollsmoor, re na le Tona, baletakgoro ba ile ba swara kgarebe ye botsebotse, ya nko ya lenono. Kgarebe yeo e be e swere lebake, e le faketše ka potleng, e ilo le nea mogolegwa. Bjale re le setšhaba re swanetše go netefatša gore dilo tše bjalo ka tšeo re a di hlokomologa.

Bjalo ka ge Tona a šetše a hlalošitše, kgolegong ya Sonderwater batho ba bolailwe ka dithunya. Batho ba bangwe ba tšea dijo ba di iša dikgolegong gomme ba bula borotho nthoba, ba fakela dithunya ka gare ba a tswalela. Sethunya seo se tlo newa mogolegwa. Ka tšatši le lengwe re be re le Thohoyandou moo ba ilego ba tšea Peibele ba gagola matlakala a yona ka moka gwa šala e le nthoba gomme ba fakela sethunya ka gare. Ge ba fihla kgolegong ba tla re ba tlile go nea Tolo Peibele’’ ka gobane ke motho wa go rata kereke. Ba tla nneaPeibele’’ yeo ka mo gare e na le sethunya.

Tše ka moka di bakwa ke rena setšhaba ka mo ntle. Re bakela kgoro mošomo wo mogolo. Se se ra gore re le setšhaba ka moka re swanetše go ntšha maahlo dinameng, re netefatšeng gore kgoro ya rena e kgona go šoma ka tshwanelo.

Ke gapeletšega go tsopola Mangwalo a Makgethwa bagešo. Mateo 6:15 e bontšha gore ge re rapela re re Morena o re swarele melato ya rena bjalo ka ge re swarela bao ba nago le melato go rena. A re kwešišeng gore re direng bjalo ka ge Tona a swaretše yo mongwe ka mešogofela. (Translation of Sepedi paragraphs follows)

[Hon Minister, I concur with what you said, prisons today are very different from the prisons back then. It is true. I believe you are one of those prisoners who was jailed back then.

Let me indicate that I am going to get deeper into the issue of caring for prisoners. It is true that there was a programme for caring for prisoners during the apartheid regime. Unfortunately this programme was not for all prisoners. It was only meant for the white prisoners. If you look at it, workshops were conducted only for the white prisoners, to equip them with the necessary skills so that they could be independent when they were released. One of those prisoners, as I already mentioned, was you, Mr Balfour.

What is surprising is that the ANC-led government is now being criticised for trying to bring the whole nation together so that all prisoners undergo training, regardless of their race.

I would like to say that the hon Minister has made it clear, because even the Bible says that we must forgive those who tresspass against us. In life, if a person does something wrong, they are taken in for questioning. If they are found guilty, they will be fined and welcomed back in the community. Let us do the same.

Let me just touch on the women that are in prison. I am talking about the women who would do anything to protect their families. Let me indicate that some of them are pregnant. What I do not support is that they are given soil, which they eat, and this is not healthy for them. Those women should be given healthy food like apples. I suggest we give them healthy food because that is also necessary for their babies’ growth. The babies are our future leaders, after all. I would like to emphasise that we should never give them soil to eat. [Laughter.]

One day as I was visiting one of the prisons in my province, Limpopo, with hon Dennis Bloem and Commissioner Tshivase, we found the mother of a six- month-old feeding her baby porridge and water. We need to remember that the mistakes that the mothers have made have nothing to do with the childred. We therefore need to make sure that the children are well fed.

I do not know how we can help the mothers who are in prison, because their children feel left alone at home. To be honest, children love their fathers, just not as much as they do their mothers. I love my father too, but I love my mother more. That does not necessarily mean that I hate my father. I am not sure how we can do it in such a way that the mothers who are in prison are able to see their children more often so that the children do no grow up without mother love.

I would also like to indicate that I am impressed by the hon Minister Balfour’s example. One day when we were at Pollsmoor, there was a female prisoner that was nearing her release. When she was released, the Minister showed people in Southern Africa and the world at large that if a person committed a crime and has been fined, they must acknowledge that they have done wrong. May God bless you, hon Minister. The Bible says that if you show pity on the people who are suffering, God will forgive your sins. You have got it right, hon Minister. We must all realise that the Minister has set an example by welcoming and forgiving those, who have inconvenienced us, once they are released from prison.

The Secretary-General of the United Nations, Kofi Anan, said on 14 March 2006 that South Africa has set an example in terms of forgiveness through the TRC. We have forgiven those who inconvenienced us, hurt us, killed us and threw us in jail. That means that we should not discriminate against those who were once imprisoned. We must receive them with open arms, and live with them because they are our children, our brothers and sisters. Rejection will only bring more anger, which will push them into more trouble. I would like to believe that we would all follow the Minister’s example.

According to Matthew 18:21-22, Peter came to Jesus and asked: Lord, if my brother keeps on sinning against me, how many times do I have to forgive him? Seven times?’’ Jesus replied:No, not seven times, but seventy times seven’’. My people, all I am saying is that it is our responsibility to forgive the people who have inconvenienced us and were therefore sent to prison. Kofi Anan said that other countries are following South Africa’s example. He even indicated that the United Nations is also following the example.

That means the United Nations can also follow the example with regard to what is happening in South African prisons. This means that we will be doing a good job. I would not want us to look at the Minister, the Commissioner or the Department of Correctional Services individually. This is something we all have to do as South Africans.

When we visited Pollsmoor with the Minister, the prison warders there caught a beautiful girl who had dagga in her pocket and was trying to take it through to a prisoner. It is very important that we as a nation make sure that we avoid such things.

As the Minister has already indicated, people were shot dead at Zonderwater Prison. Some people hollow out bread and put guns in there and take them to the prisoners. One day when we were in Thohoyandou the same thing happened, only this time they used the Bible. The Bible’s pages were taken out and a gun was put inside. When they arrive at the prison, they will say that they brought the Bible for Tolo, because he/she is a believer. They will give me the Bible with the gun inside.

It is the people from outside that are doing all these things. We are creating a lot of chaos for the department. This means that we as a nation need to be careful and make sure that the department is able to function properly.

I feel obliged to quote the Bible. According to Matthews 6:15, `` … if you do not forgive others, then your Father will not forgive the wrongs you have done’’. Let us do as the Minister has done by forgiving somebody else.]

Ek dink agb Lee moet ook so maak. As hy dit nie doen nie sal daar openhartig getuig kan word dat hy nie reg maak nie. Ek dink jy moet so maak. Ek stem saam met agb Denis Bloem dat as jy nie so maak nie gaan ons jou toesluit. Baie dankie, Mevrou die Voorsitter. [Gelag.] [Applous.] (Translation of Afrikaans paragraph follows.)

[I think that hon Lee should do the same thing. If he does not do so we shall be able to state frankly that he is not doing the right thing. I think you should do so. I agree with the hon Dennis Bloem that if you do not do so, we will lock you up. Thank you very much, Madam Chairperson. [Laughter.] [Applause.]]

Mr L M GREEN: Chairperson, hon Minister, the website of Correctional Services states:

It costs almost R40 489 of taxpayers’ funds to keep one offender in the correctional centre each year.

The emphasis of this debate today should not be why four new prisons planned and funded to the tune of R1,2 billion have not been completed. Yes, I agree that fruitless expenses must be addressed, but more importantly there should be a major paradigm shift when we debate the need for more prisons to prevent overcrowding in existing prisons.

I do not believe the answer lies in building more prisons, especially if the taxpayer will have to fork out over R40 000 per annum for each new offender. It does not make economic sense to spend R3 374 per month on an awaiting trial prisoner who cannot afford to pay R50 bail on a charge of stealing a chicken.

The 2005-06 South Africa Year Book states that there will be an increase of 202 400 offenders in 2006-07. This increase will probably cost over R287 million.

What our government should do is to examine the conditions and the factors that lead to the dramatic increase in serious offenders each year. What are the socioeconomic conditions that contribute to the increase in crime?

The FD welcomes the fact that Correctional Services has embraced the restorative justice approach aimed at reducing crime and promoting healing between offenders, victims and the community.

The Department of Justice must examine alternative sentencing options and diversion programmes, especially for nonviolent crimes as a viable option to a prison sentence.

With these few concerns raised, the FD supports the budget vote. I thank you, Chairperson. [Applause.]

Mr N B FIHLA: Chairperson, hon Ministers, hon members and officials of Correctional Services, at one time I thought that I would have to tackle the hon Seaton severely. Seemingly, she was merely a front for the attack that she made in the media.

Now firstly, let me start with the input by hon Selfe. He speaks of a shortage of staff, social workers and psychologists. He says that there are not enough professionals in our prisons today because of overcrowding. Partly yes, it is owing to overcrowding, but Mr Selfe conveniently leaves out the fact that prisons were built for incarcerations and not for rehabilitation by the government that he served under as a senator. Secondly, you speak of diversion - alternative sentencing - restorative justice and you say there is lack of it in this government. You forget that just about a year or two ago, there was a release of 31 000 prisoners. Now, that was the work of the cluster - the cluster of the ANC that includes Justice, Safety and Security and Correctional Services.

These departments are working together to try to decrease the number of inmates in our prisons. They are doing a lot of work, even today. There are prisons, for instance in the Eastern Cape, where there are pilot projects being done, where an official of the Department of Safety and Security, a prosecutor and an official of Correctional Services are working together, before a person is brought to a court of law. That is what this ANC is doing. Let’s come to the PP prisons where you are saying that they can do better in rehabilitating people, and they need to be utilised. We are also saying you are wrong there, again.

As the Minister is saying, we are not being assisted. How can a person who is serving six life sentences be rehabilitated in a prison? How can a person who is serving 2 000 years in prison be rehabilitated? When will he come out of prison? That is the type of prisoners that are sent to those private prisons. And the ANC says that it is definitely not assisting us, because if they were putting inside people who are juveniles, people who have short sentences, those people can easily be rehabilitated and go outside and do better for society than rehabilitating somebody who is going to stay there forever, until he dies in prison. What will the society gain from that person?

So I’m saying that the Minister therefore was correct. As the ANC we are great at discussing things, but we have often found that there are those who can’t discuss, but who run to the media as their mouthpiece and avoid discussing the issues within the correct democratic structures set up by this beloved country under the leadership of the ANC.

The unfortunate part is that this onslaught does not only emanate from forces outside our movement, who are jealous of the strides we have made to liberate this country, but also from among other ranks that we thought for some time were with us, yet they were firmly batting for the other side. Others that were tasked to be responsible for this portfolio, in particular the IFP leadership, have created this mess and are merely motivated by their own narrow and selfish ambitions.

Effective oversight services are a high priority for Parliament, and the crucial ingredient in the portfolio efforts to strengthen the organisation in the 21st century. Basically, accountability means to give an account of action on policies, or to account for spending and so forth. Accountability can be said to require a person to explain and justify against criteria of some kind, their decisions or actions. It also requires that the person goes on to make amends for any fault or error, and takes steps to prevent its recurrence in the future.

I’m tasked to contextualise the misnomer regarding the building of the four new-generation prisons. The construction of the new generation centres, announced by the President in his state of the nation address in 2002 and 2006, is proceeding as planned in spite of incorrect media reports to the contrary. The reported delay in the media about the rechannelling of the funds earmarked for the new generation centres was totally misleading and off the mark. No money has been diverted from the budget of the construction of these centres to other programmes of the department. What would have possessed hon Seaton to be so meticulous in a portrayal of hatred of the department, and government in particular?

A condition of the exercise of power in a constitutional democracy is that the administration and the executive are checked by being held accountable to an organ of government distinct from it. We took it as our responsibility to get clarity on the media reports by calling into one room the Department of Public Works, National Treasury and the Department of Correctional Services, whereby the all the confusion was clarified to our satisfaction. We were told by the three departments that the construction of the centres announced in 2002, was planned to start last year for completion after only three years in Kimberley, Nigel, Klerksdorp and Leeuwkop, with the bulk earthworks already having been done in all three sites except Klerksdorp.

However, the following factors led to the undesirable delays. Firstly, the building industry market responsible for calls for tenders proved beyond the available budget for starting with all four centres last year; secondly, an environmental impact assessment report on Leeuwkop construction is only expected to be finalised in August 2006. This is the situational analysis report that will inform the department’s position on the commencement of construction on the Leeuwkop site, whilst construction with regard to other centres will proceed as planned.

Regarding the second group of four new generation correctional centres in Paarl, East London, Port Shepstone and Polokwane announced this year, the strategic plan of the department submitted to the portfolio committee clearly indicates that the construction is expected to commence in the financial year 2008-09, and to be completed in 2010. [Time expired.]

The MINISTER OF CORRECTIONAL SERVICES: On 2 May I read to this House the following, by way of an example:

As Members of Parliament, we should recognise that the media can be driven by the agendas of those who feed them information and it is important for us as Members of Parliament to be vigilant in relation to the agendas of others and ensure that they are able to rise above being manipulated by the agendas of others, and ensure an objective and professional oversight. Furthermore, the public utterances of MPs should be based on sound independent investigations and analyses of the facts and explanations given, and not on the basis of facts presented by others without hearing the other side of the story.

That is from the extract that the hon Selfe was saying I gave a lecture on. I am sorry, Mr Selfe, for giving a lecture. Maybe a “plaasjapie” [farm boy] black guy like me should not give you such a lecture, but that is my understanding as a member of this House. I was talking as an MP, because I am an MP. So, for talking as an MP, if I were wrong, I am very sorry. But I am still an MP.

Let me go to the responses. Oom Ben, thank you very much for explaining things we have explained before. The paradigm shift, Mr Green, is needed and you are quite correct and we are on that route.

Mnr Groenewald, twak. Twak! [Gelag.][Mr Groenewald, nonsense. Nonsense! [Laughter.]]

Hon Mfundisi, you spoke very well. You are correct on all the points. We have explained them in every part of that report that came before the portfolio committee. Everything that you raised here is actually in that report, because, every time we are called by the portfolio committee, we go in and explain these things. But because you come from a smaller party and you don’t have the opportunity to go to other meetings, I would rather suggest, as a fellow MP that you do get the reports and just read it so you can know what is going on. That is all! Instead of just taking it from the papers, actually follow up on what the department has said on this particular issue. It helps to read these things.

Mr Simmons, it is not Judge Flanagan, it’s Judge Fagan. [Laughter.] Please make sure next time that you respond and say “Judge Fagan”. Again, it is a situation of a smaller party. I don’t blame you for that, because you are not there all the time, but please also read the reports. It will help you.

Nkosi Tolo, thank you very much. We don’t accept gangsterism within our prisons. It is something that we keep harping on all the time. We have a plan on how to tackle gangsters in our prisons and we have actually told the portfolio committee that they can call on us for assistance.

Mrs Rajbally, we have reported back on the Jali commission time and time again, through Oom Ben – not Oom Ben Fihla but Oom Ben Skosana. When I took over there were 11 preliminary reports from the Jali commission and most of them had already been implemented. And when he gave the last report to the President we had to do the last bits of that. But keep in mind that it has taken a long time for that commission. Some people who worked for Correctional Services are gone. Some of those people are dead. Some who are still within Correctional Services are going to be dealt with in the way a dog deals with a bone. [Laughter.]

Hon Xolo, thank you very much for all the things that you have said. You are right about guns going into prisons through radios. A mother, Sis Dumisane, brought a radio to her son and at the back of the radio, instead of a battery, there was a firearm. We have seen that and it has cost us lives. A pistol was smuggled inside a loaf of bread into Pollsmoor. These are the kinds of things we deal with on a daily basis.

The promotion of members, the low morale of staff, salaries of staff are all things being looked into. We did have an internal promotion last year thanks to the DPSA, Department of Public Service and Administration, because they allowed us to do that to be able to boost staff, and we will keep on doing that. Every time we get some savings we will again take more staff members and try to push them up, because we need to boost their morale. But we won’t do it in such a way that it will disadvantage what the DPSA does every year with unions. It will be something that is done internally only.

Professional staff are working very hard. It is tough. The DPSA and we are deliberating on the matter, because we are not the only ones making those decisions. Again, you spoke about the lekgotla and the cluster, hon Groenewald. We know about the clusters. We know about the lekgotlas, and again, “twak”! [nonsense!]

The other issue that was raised by Mr Selfe, I fully agree. Hon Seaton, I also fully agree with you. All we need to do is ensure that with these things, as the portfolio committee, we call on the Portfolio Committee on Justice and the Portfolio Committee on the SAPS, and that together with the Ministers we get involved so that we can come up with something. So I fully agree with you. You are members of that committee and you attend those committee meetings.

It will be a very, very sad and wet day when opposition parties agree with the ruling party on everything. You cannot. Your responsibility and right is to oppose. So when you stand here and oppose, I am not shocked. I say to myself, “That is what you do because you are an opposition party”. So, go ahead and oppose, that is no problem. If you did not oppose, I would have been the first one to ask: “Oh, bloody hell, what have I done wrong now?” [Interjections.]

On international relations, Commissioner Linda Mti last year was elected as the African deputy president of the Congress of International Corrections and Prisons so he is holding that position for us. [Applause.] And then, between 20–30 August, Cesca, which is the Conference of Eastern, Southern and Central African Heads of Correctional Centres, will be holding a turnaround conference in South Africa. Once again this shows that they do have confidence in this country. So it is coming to South Africa and during that time we will have members of correctional services from all the SADC countries participating in sport and recreation. And we think it is part of our contribution to turn things around within Correctional Services.

When we talk about issues of this hybrid system, we have not finalised this hybrid system of building. We will definitely and undoubtedly bring it to the committee for deliberation. We are discussing it with Treasury and the Department of Public Works and we will again take those partners along to the portfolio committee so that by the time we have finished, the portfolio committee will be well aware of what we want to do. So to actually say that we are trying to get a blank cheque from you as the portfolio committee is incorrect. We are not doing that. We would like to finalise that hybrid system in partnership with you.

Thank you, Mr Bloem and your committee. Thank you to all the members who have contributed positively to this debate. We will go to the portfolio committee before the 15th, but I can assure you of one thing: When we come to vote here on the 15th of whatever month you are saying, it is not only going to be us voting; it’s going to be the ANC that is going to vote as well as the Members of this Parliament.

I don’t like to be threatened. I don’t like anybody to threaten me. I come out fighting once I get threatened. [Interjections.] I come out fighting. And when I start fighting, there’s going to be blood on the dance floor. [Laughter.] [Applause.] However, thank you very much.

We are Members of Parliament; we are colleagues, are we not? We should tell each other the truth. When we get out of here, you are invited by Correctional Services, whether it was “twak” [nonsense] or not that you said, you are still invited to join us for some coffee and tea in the Old Assembly Chamber and then later on – Donald Lee and your group – you may ask how much was spent on the party at the Old Assembly Chamber. [Laughter.] Then, please, go there. Yes, you do not want to go there. You are not used to going to the canteen. [Interjections.] To the “kroeg” [bar], you are more used to the “kroeg” [bar]! So please join us in the Old Assembly all of you. And thank you to all the members for their contributions.

The House adjourned at 17:50. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS


                         MONDAY, 22 MAY 2006

ANNOUNCEMENTS National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Introduction of Bills

 (1)    The Minister for Justice and Constitutional Development


      a) Regulation of Interception of Communications and Provision of
         Communication-related Information Amendment Bill  [B 9 – 2006]
         (National Assembly – sec 75) [Explanatory summary of Bill and
         prior notice of its introduction published in Government
         Gazette No 28807 of 5 May 2006.]


     Introduction and referral to the Portfolio Committee on Justice
     and Constitutional Development of the National Assembly, as well
     as referral to the Joint Tagging Mechanism (JTM) for
     classification in terms of Joint Rule 160, on 23 May 2006.


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

2. Draft Bill submitted in terms of Joint Rule 159


       1) The Minister for Justice and Constitutional Development


       (a)   Regulation of Interception of Communications and Provision
            of Communication-related Information Amendment Bill, 2006,
            submitted by the Minister for Justice and Constitutional
            Development 8 May 2006. Referred to the Portfolio Committee
            on Justice and Constitutional Development and the Select
            Committee on Security and Constitutional Affairs.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Transport

   a) Strategic Plan of the Department of Transport for 2006 to 2009.

2. The Minister for the Public Service and Administration

   a) Medium Term Strategic Plan of the Department of Public Service and Administration for 2006 to 2011.

COMMITTEE REPORTS

National Assembly

1. Report of the Standing Committee on Private Members’ Legislative Proposals and Special Petitions on the proposed Political Parties Election Fund Bill, dated 15 November 2005:

   The Standing Committee on Private Members’ Legislative Proposals and Special Petitions, having considered the proposed Political Parties Election Fund Bill, submitted by Mr PF Smith and referred to the Committee and, having consulted with the Department of National Treasury and Independent Electoral Commission (IEC), recommends that permission not be given to the member to proceed with the proposal due to the following reasons:

   1. Elections expenses are covered by the present fund.
   2. Extending  public  funding  of  political  parties  to  parties
      represented   in   municipal   councils   will   probably    be
      unconstitutional.
   3. We cannot  support  any  move  towards  increasing  the  public
      funding of represented political parties, especially by way  of
      the creation of a special election fund,  while  not  affording
      new and smaller parties some  form  of  assistance  with  their
      election expenses.
   

   Report to be considered.

2. Report of the Portfolio Committee on Correctional Services on 2006/7 Budget Vote 20 and the 2006/7-2010/11 Strategic Plan of the Department of Correctional Services, dated 19 May 2006:

   The Portfolio Committee on Correctional Services having considered the Budget Vote 20 of the Department of Correctional Services for 2006/07, reports as follows:

   The Committee has examined the Budget Vote of the Department of Correctional Services (Vote 20) for the 2006/07 financial year and the forward estimates for 2007/08 and 2008/09 included in the Estimates of National Expenditure (ENE) 2006, as well as the Department’s Strategic Plan 2006/07 - 2010/11, and reports as follows: 1. Introduction

   The Portfolio Committee on Correctional Services received the following inputs on the Budget and the Strategic Plan of the Department of Correctional Services (DCS) for 2006/7:

   • Presentation by the DCS on the 2006/7 Budget allocation and the Strategic Plan for 2006/7 – 2010/11 on 9 March 2006. • Input from the public and civil society in the form of Public Hearings held on 15 and 16 March 2006. The following role- players presented comments on the Budget before the Committee: o Public Service Association (PSA) o South African Human Rights Council (SAHRC) o Civil Society Prison Reform Initiative (CSPRI) o National Institute for Crime Prevention and the Rehabilitation of Offenders (NICRO). o Judicial Inspectorate of Prisons (JIOP) o Centre for the Study of Violence and Reconciliation (CSVR) o Police and Prisons Civil Rights Union (POPCRU) • Briefing by the Minister and the Department of Correctional Services, National Treasury and the Department of Public Works on progress on the building of New Generation Prisons on 02 May 2006. • Follow up meeting with the Department of Correctional Services on issues emanating from the budget hearings on 18 May 2006.

3. Research Analysis and Overview of the 2006/7 Budget and the 2006/7- 2010/11 Strategic Plan of the Department of Correctional Services.

   The Department of Correctional Services (DCS) will receive R10, 63 billion for the 2006/07 financial year. This amounts to 4.09% of the total Budget. Last year (2005/06) it received R9, 88 billion that amounted to 4.3% of the total Budget. The Department of Correctional Services received 14.5% of the total allocation for the Justice and Protection Services cluster, which includes the Departments of Correctional Services, Defence, Justice and Constitutional Development, Safety and Security and the Independent Complaints Directorate. It received 14% of the total Justice and Protection Services cluster allocation in 2005/06 and thus has remained relatively stable in terms of its percentage of this cluster allocation.

2.1. Medium Term Budget Policy Statement

  The Medium Term Budget Policy Statement (MTBPS) does not  specifically
  mention priorities related to the DCS but  includes  the  priority  of
  ‘improved access to justice, enhanced  policing  capacity  and  better
  quality of courts administration’.

  It must be taken into account  that  a  focus  on  improving  policing
  capacity, for example,  has  implications  for  prisons,  as  improved
  policing may mean more arrests and probably result in more  people  in
  prison. On the other hand, improved investigations and court processes
  may also have positive spin-offs for corrections as  this  may  reduce
  the length of time that  Awaiting  Trial  Detainees  (ATDs)  spend  in
  prison before being sentenced.

  During the MTBS budget hearings held by the Joint Budget Committee  of
  the Parliament of South Africa on 31 October 2005, the DCS raised  the
  following concerns:

  • That no additional allocation had been made in the  2006/07  budget
    for implementation of the White Paper. This may  negatively  affect
    the success  of  the  Centres  of  Excellence,  as  the  costs  for
    increased outputs are not accommodated on the baseline  allocations
    to the Department.
  • That no additional allocation had been made in the  2006/07  budget
    for implementation of the Fleet Management System which  was  based
    on a completed feasibility study by the Department of Transport. It
    was identified that there was a need for more vehicles as  well  as
    proper  fleet  management   including   controllers   and   control
    mechanisms.
  • The bids received for the tenders on the four new prisons were much
    higher than the anticipated costs outlined  by  the  Department  of
    Public Works (DPW).  The outcome of the completion of  the  centres
    is now subject to negotiations with  DPW  and  the  results  of  an
    independent study to bridge the gap between the  anticipated  costs
    of R360 million per facility and the new estimated costs of R2, 236
    billion over the MTEF.

  National Treasury has stated that the  DCS  is  expected  to  use  its
  savings (as a result of the special remission, reduction  of  overtime
  and savings on the medial aid) to fund  its  additional  projects  and
  needs, including the Fleet Management System and the implementation of
  the White Paper.  National Treasury has also stated that  if  the  DCS
  had begun building the four new prisons when they were given the money
  to do so, they would not be experiencing the huge escalation in  costs
  that they are at present. DCS has only been granted an additional R110
  million for 2007/08 and 2008/09 to fund information and  communication
  technologies.   However,  last  year  they  received   an   additional
  allocation over the MTEF and some of this money is earmarked  for  the
  2006/07 financial year.

2.2. Broad Expenditure Trends

  The following table illustrates that for 2006/07, the budget  for  the
  DCS  has  increased  by  R740  million  (7.5%)  in  nominal  terms  in
  comparison to 2005/06.

  In 2006, an additional allocation of R110 million was given to DCS for
  Information and Communication Technologies, which includes R40 million
  for 2007/08  and  R70  million  for  2008/09.   This  will  facilitate
  information driven decision-making within the DCS,  the  JCPS  cluster
  and the Social Sector Cluster of integrated governance.

  Last year, an additional allocation was made to DCS  of  R200  million
  for 2005/06, R333 million for 2006/07, R805 million  for  2007/08  and
  R70 million for 2008/09. These allocations were for:


  • Implementing the White Paper on Corrections (R250 million).
  • Implementing the 7-day establishment (R255 million).
  • Meeting the costs of providing three meals a day to offenders (R160
    million).
  • Infrastructure (R140 million).
  • Salary adjustments (R593 million).

  The following details the total allocations for 2006/07 in  the  areas
  of infrastructure and training:

  • Infrastructure: R1 billion from R983 million in 2005/06.
  • Training: R113,5 million from R107,8 million in 2005/06.

  The following table illustrates the proportion of the total DCS budget
  for each programme and whether the programmes increased  or  decreased
  in 2006/07 in comparison to the previous year.

  Security is the largest programme within the budget  followed  closely
  by Administration. However, both the  Corrections  Programme  and  the
  Care Programmes receive an increased proportion of the 2006/07  budget
  in comparison to other programmes as  well  as  the  most  substantial
  increases in the amounts  allocated  to  these  programmes.   Thus  in
  2005/06, the Corrections Programme was allocated 6.5% of the total DCS
  budget and this has  increased  by  8%  in  2006/07.   Similarly,  the
  proportion of the budget allocated to the Care Programme has increased
  by 11.4% of the budget in comparison to 9.5% in 2005/06.  The  amounts
  allocated to the two programmes increase by 32%  for  the  Corrections
  Programme, and 29% for the Care Programme in 2006/07.

  This is in line with the  focus  of  the  White  Paper  on  correcting
  offender behaviour  in  a  targeted  manner  to  reduce  the  risk  of
  reoffending after release. This includes providing targeted programmes
  specifically to address problems which have been identified  for  each
  offender, such as alcohol abuse.

  The allocation for Development increases less substantially. While the
  provision of education and training programmes in prison is  still  an
  important aspect of the White Paper, the focus  for  the  MTEF  is  on
  correcting specific offending behavioural problems in conjunction with
  building general skills and education to improve chances of employment
  after release.

  The Facilities Programme is the only one that receives a  decrease  in
  allocation for 2006/07.  While this  would  generally  be  a  positive
  aspect of the budget as it would acknowledge the  fact  that  DCS  can
  never build itself out of the overcrowding  problem,  it  is  of  some
  concern in that the DCS and the President have stated  that  four  new
  prisons will be built by 2008, and yet the Facilities allocation seems
  not to cater for the construction of the four prisons during that time
  period.

2.3. Strategic Objectives and Goals of the DCS

  Key strategic objectives and goals of the DCS for 2006 and the  medium
  term include:

  • Revision of the Correctional Services Act of 1998 to ensure that it
    is in line with the White Paper on Corrections.
  • Development of new and revised policies  in  line  with  the  White
    Paper.
  • Consolidation of plans to give effect to the Accelerated and Shared
    Growth Initiative of South Africa (ASGISA).
  • Implementation of aspects of the White Paper in the 36  Centres  of
    Excellence across the country (which were launched in August  2005)
    with  successes  replicated  at   other   centres.   The   Offender
    Rehabilitation Path has been approved and will  be  implemented  at
    the Centres of Excellence in 2006.
  • Hiring of more staff to implement the 6-day working week (which  is
    part of the phasing in of the 7-day  working  week  which  will  be
    fully established by March 2008). The 6-day working week provides a
    day off in lieu  of  payment  for  Saturdays.  A  total  of  3  057
    officials were appointed in 2005/06  and  2  627  appointments  are
    planned for 2006/07 and for 2007/08.
  • Improvements to security in prisons including biometric access  and
    movement  control  systems,  inmate  tracking,   the   vetting   of
    correctional officials and a minimum security standards policy.
  • The  DCS  has  a  commitment  to  serve  three  balanced  meals  at
    stipulated intervals and have stated that the  contracting  out  of
    this function in seven management areas will remain over the  short
    term.
  • The outcome of the HIV prevalence study will inform  future  policy
    around HIV and AIDS.
  • Mechanisms to decrease overcrowding, including the building of  new
    prisons,  development   of   a   national   framework   to   combat
    overcrowding,  investigation  into  a  more  accurate   model   for
    predicting  offender  population  and  operationalisation  of   the
    correctional supervision and parole boards. The  special  remission
    of sentences resulted in a reduction of sentenced offenders  of  31
    856. By December 2005, there were 112 019 offenders in the  prisons
    designed to hold 114 000.  In addition, the ATD offender population
    was reduced from 49 789 in August 2005 to 44 259 in  December  2005
    as a result of ongoing intersectoral focus on integrated case  flow
    management. Estimated savings due to the special remission in  2005
    was about R63 million.

1. Presentation by the Department of Correctional Services on the 2006/7–2010/11 Strategic Plan and the 2006/7 Budget of the Department – 09 March 2006.

   The DCS indicated that its objective is to align the Budget with the Strategic Plan of the DCS. The Estimates of National Expenditure baseline allocation for the DCS for 2006/7 is R 10, 63 billion.

   Key cost drivers of the Department include: • Personnel totals. • Inmates, including awaiting trial detainee totals, probationers and parolees. • Strategic intentions such as the implementation of the White Paper on Corrections. Salaries of personnel are a major cost driver and are determined by means of financed and actual posts.

   From 01 April 2008, the actual overtime payment would be 1½ times the salary scale of staff working on a Sunday and Saturdays are work in lieu of a day off. The goal of the DCS is to phase out overtime payments (with the exceptions of Sundays and public holidays), as illustrated below:

  The following table illustrates average  annual  medium  term  nominal
  growth per Programme.

  The following table illustrates the  total  budget  the  regions  will
  receive during the 2006/07 financial year.

  The Strategic Plan of the DCS is a 5-year plan, which prioritizes  the
  first year of operation. The targets for the years that follow will be
  adjusted in terms of the changes in the environment of the DCS.

  Departmental performance highlights for 2005/6 include:

  The Special Remission process succeeded  in  lowering  the  number  of
  persons incarcerated from 180 000 to 150 000. The 7-day establishment,
  where Saturdays have become a working day and working on a  Sunday  is
  considered as overtime has also contributed to the success of the  DCS
  during 2005/6. The development of the Offender Rehabilitation Path has
  enabled the DCS to manage the life of an  offender  from  the  day  of
  admission until release. The development of Risk Assessment Tools  and
  the implementation of the three-meal system, Unit management  and  the
  Case Management Committees, have contributed  to  the  improvement  of
  Correctional Centre administration.

  Other performance highlights of the Department include  the  launching
  of the Centres of Excellence;  the  implementation  of  the  biometric
  systems; the launching of the Community Supervision and Parole Boards;
  launch of Grootvlei Correctional Centre as a site for the distribution
  of Antiretrovirals and the launch  of  the  a  trauma  centre  at  the
  Drakenstein Correctional Centre.

  The partnership between the Departmental Investigating Unit (DIU)  and
  the Special Investigating Unit (SIU) has assisted   in  the  successes
  of recovery of Medcor funds as well as the improved administration  of
  Medcor and the dismissal of eighteen officials.

3.1. Administration

  The DCS intends prioritising  and  implementing  its  Human  Resources
  strategy in  terms  of  performance  management,  employee  relations,
  recruitment,  selection  and  retention  of  staff.  Standardised  and
  comprehensive training on Minimum Information Security  Standards  and
  minimum-security  standards  for   Heads   of   Security,   Heads   of
  Correctional Centres and Area Commissioners will be developed. The DCS
  will continue to provide training for junior and middle management and
  extend leadership training to senior management. Internships  for  500
  people will  also  be  implemented.  Amendments  to  the  Correctional
  Services Act will also be constituted. The DCS intends  improving  the
  Information Technology and Information management environment.

3.2. Security

  A five-year Security Plan based on the Minimum Security Standards will
  be developed this year and will  be  implemented  at  the  Centres  of
  Excellence. The DCS plans  to  install  fences  and  implement  motion
  detectors.  Capacity  for  security  information  management  is  also
  prioritised.

3.3. Corrections

  The Offender Rehabilitation Path, which manages the offender from  the
  day of admission until release, will be implemented during 2006/7  and
  will involve all branches of DCS. Various corrections programmes  will
  be implemented and run by accredited service providers.

3.4. Development

  An  Offender  Skills  Development  Plan  will  be   implemented.   The
  finalising of the policy on compulsory programmes will also  be  done.
  National agriculture and production workshop will be expanded.

3.5. Care

  The new tender for the HIV prevalence survey has been  finalised.  The
  DCS will introduce compulsory programmes on health and  phase  in  the
  provision of primary health care. The DCS plans to provide needs-based
  programmes  such  as  social   work,   spiritual   and   psychological
  programmes.

3.6. Social Reintegration

  The functioning of the departmental paroling system i.e. the Community
  Supervision  and  Parole  Boards  needs   to   be   improved.   Social
  Reintegration  will  be  prioritised  to  ensure  improved   community
  participation. The DCS  has  begun  to  implement  the  classification
  system for parolees and probationers  during  March  2006.  Programmes
  that will assist pre–release, community supervision and  reintegration
  will have to be developed.

3.7. Facilities

  DCS has reached agreement that the four new prisons will be built  and
  maintained by a private company but managed by DCS.  The principle  is
  the fact that facilities are a DCS responsibility  and  thus  must  be
  managed by DCS.  A full Public Private Partnership (PPP) is  not  cost
  effective for DCS and in addition,  DCS  has  a  legal  mandate  which
  cannot be transferred. The model is a form of  PPP  but  is  called  a
  Project Finance Model (PFM).  Essentially, it entails the building and
  maintenance of the prison by a private company  for  a  period  of  15
  years but the operation of the prison by the Department. The  DCS  can
  put in certain provisions to make the deal more cost effective in  the
  long run, including technological upgrades every 5 years and  ensuring
  the use of the best material and technology  available.  The  DCS  has
  agreed to follow this model which will  be  implemented  in  a  phased
  process and which will take  into  account  BEE  with  regard  to  the
  allocation of contracts.  Provision can be made for all 8  prisons  to
  go this route but it is not clear at this point if the model  will  be
  applied to all 8 prisons.
  The Department of Public Works has transferred a budget to DCS and DCS
  has entered into a contractual relationship with DPW who will  provide
  some services on an agency basis.  In the mean time DCS is  developing
  internal capacity to take over all these functions.

  The following table highlights the ENE allocation per subprogramme for
  the Facilities Programme over the MTEF:

3.8. Challenges faced by the DCS

  The retention and attraction of scarce skills such as medical doctors,
  nurses, social workers and psychologists and the filling of  vacancies
  still remains a serious challenge for the DCS. The DCS has  to  adhere
  to  the  framework  of  the   Department   of   Public   Service   and
  Administration  guidelines.  The   entire   programme   of   community
  corrections needs to be overhauled to ensure the effective functioning
  of community corrections.

  The capacity to deliver at management area level taking  into  account
  local government’s role needs to be improved. It is also important for
  the DCS to develop its  own  capacity  to  manage  facilities  better.
  Issues that require the intervention of management at the  Centres  of
  Excellence will be prioritised for  implementation  during  the  first
  quarter of 2006/7.

1. Public Hearings on the 2006/7 Budget and Strategic Plan of the DCS.

   The Committee held Public Hearings on the Budget on 15 and 16 March

   1. Stakeholder concerns included:

Civil Society Prison Reform Initiative (CSPRI)

  ❑ CSPRI raised many areas of concern  which  include  the  number  of
    deaths in prison, the implementation of the anti-gang  strategy  of
    the  DCS,  the  progress  on  the  prison  construction  programme,
    privatisation within the DCS, and that  community  corrections  and
    correctional supervision are not directly included in the Strategic
    Plan of the DCS.
  ❑ CSPRI indicated that it is important that correctional  supervision
    is in a healthy state and continues to grow and  CSPRI  supports  a
    budgetary expansion of this programme.
  ❑ The DCS has the opportunity over the next three  years  to  restore
    the faith of the judiciary in non-custodial sentencing options.
  ❑  CSPRI  believes  that  correctional  supervision  requires  active
    promotion within the DCS and the broader  criminal  justice  system
    and this should be done by being a visible champion of the cause.
  ❑ The 2004/5 Annual Report utilised a reporting format that  differed
    substantially from the Strategic Plan in place at  the  time.  This
    made it  extremely  difficult  to  assess  progress  on  particular
    objectives. CSPRI recommended to the Portfolio Committee  that  the
    departmental annual report should follow the exact  format  of  the
    Strategic Plan  to  facilitate  the  monitoring  of  progress,  and
    further that the reporting should be historical in nature, in other
    words reflecting the progress made towards a particular target over
    a multi-year period.
  ❑  Regular  reporting  to  the  Portfolio  Committee  on  key  issues
    affecting the DCS, would also assist the Committee in its oversight
    functions.

Public Service Association (PSA)

  ❑  The  White  Paper  on  Correctional  Services,  as  well  as   the
    subsequent  Strategic  Plan  for  Correctional  Services   (2006/7-
    2010/11), set targets  to  transform  South  Africa’s  Correctional
    Services into  world-class  facilities,  which  would  be  able  to
    successfully fulfil its mandate and  responsibility  to  its  major
    client, the South African community.
  ❑ The PSA is of  the  opinion  that  these  objectives  can  only  be
    reached through dedicated and motivated staff.
  ❑ The violent escapes at Correctional Centres has a direct impact  on
    the safety of employees and focus should be placed on the effective
    utilisation of current resources in an effort to  alleviate  safety
    related problems.
  ❑ The PSA indicated that communication,  information  and  agreements
    between the employer and the unions should be  between  all  unions
    represented in the DCS, to a have a healthy working environment.

Centre for the Study of Violence and Reconciliation (CSVR)

  ❑  The  CSVR  mentioned  that  the  explanations  for   expenditures,
    especially  large  expenditure,  are  vague  and  that  the  detail
    provided in the Annual Report of 2004/5  and  the  budget  are  not
    always reflective of what is set out in the Strategic Plan. Many of
    the targets that the DCS set in the 2005/6 Strategic Plan have  not
    been met and have been shifted into the strategic plan of 2006/7.
  ❑ There is still a need for reprioritisation of  funds  freed  up  by
    under-expenditure to ensure the improvement of existing facilities,
    the  building  of  classrooms  and  workshops  to  facilitate   the
    development  and  correction  of  prisoners,  the  recruitment  and
    payment  of  professionals  at  market-related  salaries,  and  the
    development,  rehabilitation  and   work   opportunities   of   all
    offenders.
  ❑ Unit  Management  will  only  be  rolled  out  in  the  Centres  of
    Excellence in 2007/8 and to other prisons by  2009/10,  though  the
    2002/3 Annual Report states that Unit Management was rolled out  in
    101 prisons around the country.
  ❑ Risk assessment and profiling tools have  been  developed,  but  no
    offenders have been assessed.
  ❑ The DCS should develop  a  strategy  to  deal  with  mental  health
    problems of offenders and  also  revisit  the  salary  packages  of
    scarce skills employees.
  ❑ The delay in the building of new prisons is  extremely  problematic
    and it is indicated that with the  delays,  the  cost  of  building
    increased dramatically. The CSVR noted with concern  that  Treasury
    has suggested that it is no longer necessary to continue  to  build
    prisons given the current occupancy levels.
  ❑ More attention should  be  paid  to  female  offenders  and  female
    prisons by means of increasing the  number  of  activities,  better
    access  to  mental  and  physical   health   facilities   and   the
    reintegration of women released from prison.

South African Human Rights Commission (SAHRC)

     ❑ A key issue of concern raised by the  SAHRC  is  the  number  of
       unnatural deaths in prison. The safety and security of offenders
       can be improved through more resources and  personnel.  Conflict
       resolution and  anger  management  should  also  be  offered  to
       offenders.
     ❑ Corruption needs to be addressed in the DCS,  as  offenders  can
       perceive corruption and crime as acceptable.
     ❑ The SAHRC is of the opinion that a public debate on  overcrowded
       prisons needs to be taken forward. There is a  need  for  public
       debate on the usefulness of imprisonment for all crimes and what
       the possible  alternative  sentencing  options  are.  The  SAHRC
       stated that  building  more  prisons  is  not  the  solution  to
       overcrowding and that more  options  to  incarceration  and  the
       development of integrated approaches need to be explored.
     ❑ The DCS  needs  to  ensure  that  its  HIV/AIDS  programmes  and
       services, including an ARV programme is rolled out.

National Institute for Crime Prevention and the Rehabilitation of Offenders (NICRO)

  ❑ NICRO welcomed the Imbizos held in different parts of  the  country
    as  they  invited  input  from  society  and   created   a   better
    understanding of rehabilitation and reintegration.
  ❑ NICRO also propagates the introduction of  the  concept  of  family
    reconstruction and family reunification.
  ❑ Rehabilitation programmes offered must be appropriate and not  just
    recreational in nature or aimed at keeping offenders occupied.
  ❑ Direct and strategic partnerships between the  DCS  and  NGO’s  are
    critical.
  ❑ The White Paper on Corrections will be implemented at  the  Centres
    of Excellence and NICRO noted that the Centres of  Excellence  only
    represents about 15% of the total number of centres.
  ❑  NICRO  furthermore  recommends  scrapping  the  minimum   sentence
    legislation and strongly propagates the  use  of  alternative  non-
    custodial sentencing.

Judicial Inspectorate of Prisons (JIOP)

     ❑ The Judicial Inspectorate of Prisons believes that the  rate  at
       which the expenditure of Correctional Services is growing is too
       high and should be reduced,  but  to  do  this,  the  number  of
       prisoners needs to be reduced.
     ❑ The JIOP is also of the  opinion  that  the  increased  prisoner
       population has since 2000 been caused by the increased number of
       people sentenced to long periods of imprisonment and  no  longer
       by the unsentenced prisoner numbers.
     ❑ The JIOP recommended that the Portfolio Committee explores  ways
       to reduce the sentenced prisoner population.

Police and Prisons Civil Rights Union (POPCRU)

     ❑ POPCRU stated that there should be a  lean  and  mean  structure
       for the DCS with few bottlenecks.
     ❑ The Budget should make provision for the transformation  of  the
       DCS as required by the White  Paper  on  Transformation  of  the
       Public Service.
     ❑ The DCS should take over complete management and  administration
       of the private prisons.
     ❑ It is POPCRU’s contention that the structure of the DCS is  top-
       heavy  and  this  impedes  the  necessary  service  delivery  as
       required by the Correctional Services Act.
     ❑ POPCRU stated that the bigger part of the  budget  is  spent  on
       the management echelon whilst the filling of  positions  at  the
       lowest levels is compromised.

1. Meeting between the Portfolio Committee on Correctional Services and the Department of Correctional Services on the New Generation Facilities 02 May 2006.

   In the light of both Committee concerns and concerns raised by the media during the budget process, the Committee called a meeting to specifically discuss the issue of the building of the four new prisons, which were to be completed by 2007, as well as funds allocated to the construction of these facilities during the 2005/06 financial year.

   In terms of funds allocated for the four prisons in 2005/06, the Minister assured the Committee that the Department has acted within its mandate and that the virements were legitimate as prescribed by the Public Finance Management Act (PFMA). The Department has during the past financial year accrued savings and this enabled the Department to shift funds in a specific budget programme. National Treasury was aware of this shift of funds. These funds were not shifted from the Facilities Programme.

   The Minister also assured the Committee that the building of all eight New Generation Prisons will proceed and that there are enough funds to build these prisons.

   The DCS reported that a private consultant had developed the Blue Print model for the new generation prisons. The original costs were estimated at R150 million per prison, but shortcomings were identified and resulted in an escalation in cost to R230 million. Estimated costs then increased to R282 million and later to R350 million. Further developments resulted in baseline 4, which was 18% over baseline 3’s cost of R350 million. Tender documentation was completed early in 2004.

   Three of the projects (Kimberley, Leeuwkop and Nigel) were split into phases of which Phase 1 (bulk earthworks) was fully completed during July 2005 at all three Centres at a total cost of R80.8 million.

   In terms of Phase 2, bids were called for Klerksdorp on 5/11/2004, Nigel on 25/02/2005 and Kimberley on 04/03/2005 and were received for all three centres. The outcome of the Bid Adjudication indicated that the cost of centres is substantially higher than the budgeted amount. In July 2005, the DCS decided to appoint, with the assistance of Public Works, an Independent Quantity Surveyor (IQS) to evaluate the bid documentation and to provide both Departments with an assessment of the price escalation and compare it with market trends. The IQS report highlighted that the following had a negative impact on the bidding process and influenced high costs of bids received:

   • The incubator procurement model
   • Increase in building costs
   • Timing of the tenders in respect of market conditions.

   The following decisions have been taken with regard to the construction of the new prisons:

   ❑ The construction of Kimberley will start during the course of 2006/07 and the procurement process will be done in the conventional way with the assistance of the DPW.

   ❑ Part of the allocation for Nigel and Klerksdorp will be used for procuring the services of a transaction advisor as Nigel and Klerksdorp will be constructed using the Project Finance Model (PFM), that is, enter into a PPP arrangement for design by concept, construction, finance and maintenance of the centres and DCS will be responsible for the operations.

   ❑ Leeukop has been put on hold pending the outcome of the Environmental Assessment study.

   ❑ The incubator programme will be abandoned as the premium that the DCS is paying for this route is ( 14% of the cost. The bidding documentation will be adjusted to allow for main contractor and own choice of subcontractors.

   ❑ The bidding system will be reopened to allow a larger sector of the construction market to submit bids. Tender documentation will be published on 5 May 2006 with the target date to hand over the site to the successful bidder in September 2006.

   ❑ In principle, PFM will also be used for the second set of four new generation correctional centres. Feasibility studies are in the process for centres at East London, Paarl, Port Shepstone and Polokwane. Sites have already been earmarked for three of the four complexes, whilst negotiations are still underway for the Polokwane site.

   In terms of the allocated funds for the new prisons for 2005/06, the DCS reported that the amount allocated for the Facilities Programme for 2005/06 was R1,7 billion of which R560 million was for the existing two public-private partnership prisons, R160 million for building and maintenance and R984 million for Facilities Planning. Of this R1,7 billion, R1,2 is allocated for Capital Assets and the remainder goes to salaries, transfers and payments for goods and services. Of this R1,2 billion for Capital Assets an amount of R982,9 million was allocated to Capital Works. Of this R982,9 million for Capital Works, an amount of R390 million was allocated in 2005/06 for the construction of the four new prisons.

   According to the Minister, no virements were made in terms of the R1,7 billion allocated to Facilities. In other words, money was not shifted from this programme to any other programme. However, money was shifted from Compensation to Employees (due to savings) to other projects, the details of which are illustrated below.

   During the 2005/6 financial year, savings totalling R868,8 million from the compensation of employees (due to reduction of overtime and decreased employer payments for the medical aid) was used to fund the following major projects:

   Information Technology 136 854

   Fleet Management 50 000

   Fencing 360 876

   X Ray Scanners 70 000

   TV Monitors 106 000

   Other compensation of employees 145 100

2. The following are key issues of concern raised by the Committee on the Strategic Plan and Budget of the DCS, and the departmental and stakeholder responses thereto:

   Spending

   The Committee requested information on under - or overspending.

   According to the DCS, it had not overspent on its budget and it did not envisage any under spending.

   Health Care

   Clarity was sought on the phasing in of a 24- hour primary health care service and when this will be implemented. The Committee is aware, through its oversight visits and individual visits to prisons that when medical staff go off duty, custodial staff administer medicines.

   The DCS responded that those prisons with hospitals do operate for 24 hours. If offenders are very ill, they are referred to public hospitals accompanied by custodial staff.

   HIV prevalence survey

   The new tender for the HIV prevalence survey has been finalised. The DCS will introduce compulsory programmes on health and phase in the provision of primary health care. The Committee wanted to know when the results from the survey will be available, and when the compulsory programmes will be introduced.

   Ethical approval to undertake the HIV Prevalence survey in the DCS has been given by the Human Science Research Council (HSRC). The pilot survey has commenced in Gauteng and will be completed by the end of May 2006. It is envisaged that the pilot report will be finalised towards the end of June 2006. If the participation level (response rate) is above 30% during the pilot survey, it will be rolled out to the rest of the country. If not the contract will be halted. It is envisaged that the survey should be completed by the end of September

   1. A final report should be available by the end of October 2006 and possible publication of findings by then.

   To improve the health status of offenders, measures will be implemented to encourage offenders to participate in programmes to contribute to the following: promote healthy lifestyles, improved management of communicable and non-communicable diseases, recognition and respect of human dignity in order to improve the quality of care.

   Rehabilitation and the Offender Rehabilitation Path(ORP) It was raised that the major objective of DCS is that of Rehabilitation. It was also questioned whether the DCS has a proper retention strategy in place, especially for staff such as social workers, psychologists, nurses and doctors as these staff are at the core of rehabilitation programmes in DCS. It was also indicated that the DCS should monitor the implementation of training offered to staff members to ensure that Rehabilitation is effective.

   The Offender Rehabilitation Path (ORP), which manages the offender from the day he or she enters the system until release has been finalized. The ORP has started in 6 Centres of Excellence (1 per region) in order to serve as a “blue print” for the roll out to the regions and training on the ORP was conducted. Selected functionaries on all organizational levels were orientated and empowered.

   The number of programmes conducted was audited and the relevance of these programmes to the policy directives was evaluated. The audit revealed that programmes are there, but not adequate. A further audit was conducted on services and programmes rendered within the centres by various service providers. The work to conduct quality assurance and to enter into operational contracts with these service providers is ongoing.

   Scarce Skills The retention of scarce skills is still acknowledged as a key concern. According to the Minister, the DCS has to work within the framework of the Department of Public Service and Administration guidelines in this regard.

   A Department of Correctional Services recruitment and retention strategy has been drafted with regard to all scarce skills categories. This strategy has already been consulted with DPSA and National Treasury and will be operationalised by means of an action plan, which will include liaising with all role players.

   National Council of Corrections

   The Committee also wanted clarity on the budget allocation to the National Council of Corrections. The budget allocated to the National Council of Corrections is an amount of R250 000.00 per annum. This is mainly used to schedule meetings and for subsistence and travel allowances. The NCCS is planning on strengthening its administrative capacity.

   Unnatural Deaths

   Unnatural deaths in prison are of serious concern to the Committee and should not occur in prisons. The Committee is also of the opinion that a capacitated staff complement will assist in addressing this problem.

   The DCS stated that it tries to be realistic when it projects targets. Civil society said that deaths in prison should be reviewed from a human rights perspective. The target projected by the DCS was 45, but 71 unnatural deaths occurred. Unnatural deaths do pose a problem for the DCS and are viewed in a serious light. However, unnatural deaths do not only result from shortage of health care personnel, but multiple factors like homicides, suicides, accidents, assaults, gangsterism and overcrowding that impede proper supervision.

   Anti-Gang Strategy

   The Committee was under the impression that an Anti-Gang Strategy has been developed and was interested in its implementation and successes. The Committee is also aware that civil gangs influence prison gangs.

   According to the Strategic Plan, a draft strategy will be developed during this year. The DCS is however, also in the process of developing a specific anti-gang strategy. This is a very difficult and complicated task. Although research and consultation with various role- players were done in 2005, further consultations with the regions will be done in 2006, with a view to obtaining a more representative understanding of gangs in different regions. These processes will be utilised when the Anti-Gang Strategy is drafted. In lieu of the above, the DCS has methods and procedures in place when dealing with gangs and gang violence in centres.

   Annual Report, the Strategic Plan and the Budget

   The Committee also raised the issue that there is no uniformity between the Strategic Plan, the Annual Report and the Budget of the DCS. These documents are important sources of information when conducting oversight. The DCS has submitted their third five-year Strategic Plan and thus makes it difficult to measure targets.

   The DCS responded that the format and development process of both the Annual Report and the Strategic Plan are prescribed by the DPSA and Treasury.

   The Structure of the DCS is in keeping with the new strategic direction of the DCS. The basic structure shall remain intact for a while whilst additional functions may from time to time be added on as the need arises, especially from the implementation processes of the White Paper.

   Morale of Staff

   The Committee is aware of the low morale amongst staff members especially in terms of salary packages. The Committee has also been briefed about the Promotion policy of the DCS where staff on certain levels would have been promoted. The 7-day Establishment also had an effect on the morale of staff. The Committee is interested in the successes of this project and whether it has been fully implemented. The Committee wanted to know what other programmes are in place, both by the DCS and civil society to boost the morale of staff.

   The DCS conducted an intensive Public Perception Survey, which revealed that low morale exists at middle management levels and not across the spectrum. The DCS is classified as an essential service department in terms of the Labour Relations Act and is a part of the Criminal Justice Cluster. The Department renders services 24- hours over seven days a week. These working conditions have the following implications for employees: extended working hours, weekend duties, standby duties after hours for emergency cases, night duties, emergency situations, monitoring parolees and escort duties. Given a number of factors, employees are exposed to service conditions that are adverse to them. High stress levels can in some instances lead to suicide.

   The DCS announced the promotion of Custodial and Support Personnel with effect from 01 February 2006. Nationally, a total of 4 583 officials have been promoted from Grade 111 to Grade 11, whilst 2 499 officials have been promoted from Grade 11 to Grade 1; 85.39% of the total number of Social Workers’ posts have been upgraded.

   It is expected that this progression of officials will enhance service delivery in line with the DCS’ objectives and promote compliance with the White Paper.

   Centres of Excellence

   The White Paper on Corrections will be implemented at the 36 Centres of Excellence that the DCS has identified. Civil Society is of the view that piloting studies only at the Centres of Excellence is discriminatory to offenders, as not all offenders will receive the same services or be able to partake in rehabilitation models that will be implemented at these Centres.

   The DCS stated that it would roll out the implementation of the White Paper to all centres across the country and not only at the Centres of Excellence. By piloting the White Paper at these Centres, the DCS will be determining the resources required to implement the White Paper in prisons across the country.

   Concept of Family Reconstruction and Family Reunification

   Civil Society mentioned this concept and the Committee needed more clarity on what it entails.

   Civil Society stated that this is therapeutic support to families when offenders are released in their care. This concept aims at avoiding anger at offenders and advocates the assistance to the offender from the family when released.

   Social Reintegration

   The DCS stated that it would develop new programmes for community supervision, prerelease and reintegration. More clarity is needed on this.

   The DCS is in the process of finalizing a Position Paper on Social Reintegration and major activities aimed at rolling out Social Reintegration will begin during the month of June. The work of community corrections continued including activities aimed at promoting non-custodial measures as prescribed in various statutory instruments and international protocols.

   Pre-Release programmes were developed during the Special Remission process, which all offenders who qualified attended. Pre–release programmes were subsequently enhanced and are currently being presented to all sentenced offenders prior to release. These programmes are presented by vocational staff as well as functional staff and where possible, Non-governmental and Community Based Organisations (NGOs & CBOs) are involved.

   Intersectoral Co-operation and Alternative Sentencing

   The Committee wanted clarity on the role of the DCS in Intersectoral bodies that exist in the region and the DCS’s stance on alternative sentencing.

   The DCS participates mainly in four (4) categories of government in all provinces. The DCS further participates in various other forums established by provincial government and continuously liaises with Provincial Legislatures.

   At local level Area Management offices are encouraged to participate in the Integrated Justice Cluster (IJS) not only for promotion of alternative sentencing but for continuous improvement of case flow management to alleviate overcrowding.

   Children and Awaiting Trials in prison

   The Minister stated that DCS has three months to report on its Awaiting Trial Detainee project. With regard to children, the Durban and Port Elizabeth projects are working well but others are less successful. The DCS has explored the option of fallow buildings to identify facilities for children, but this has not been successful. DCS cannot depend on the Department of Social Development to identify places of safety and needs to take some initiative in this regard.

   The JCPS tabled a Cabinet Memorandum on the issue of the improved management of awaiting trial detention on the January Lekgotla. A report on the matter would be ready in June. The approach is that the project will be part of the DCS’s organisational structure in the form of a dedicated Awaiting Trial Detention Branch. This component should have its own appropriate policy and procedure, necessary protocols with the relevant government agencies to deliver care to ATDs. It should develop appropriate facilities and develop a remand facilities building plan, and ensure compliance with the constitutional requirements of ATDs.

   Parole Review Board

   The Parole Review Board will be implemented in 2006/07. The Committee needs clarity on the structure of this board and how it will function.

   The Correctional Supervision Parole Review Board (Review Board) is constituted in terms of Section 76 of the Correctional Services Act. Members of the Review Board are selected from the National Council for Correctional Services. A Judge of the Supreme Court, presently Judge Desai, chairs the Review Board.

   The function of the Review Board is to review decisions of the Correctional Supervision and Parole Board. Only the Minister or the Commissioner of Correctional Services may refer cases for review when they are of the opinion that the Correctional Supervision and Parole Board have erred in their decision.

   Facilities and the Building of New Generation Prisons

   A concern was raised around the state of the earthworks that amounted to R80 million particularly whether these would require further work if the DCS decides to continue the building process. More details are also needed in terms of the earthworks, especially at the Leeuwkop site.

   The Committee wanted to ascertain when these prisons would be completed, especially the Kimberley prison as it was expected to be completed by September of this year.

   Clarity is needed around the Polokwane site, which is still in the negotiation phase.

   The DCS stated that it is in discussion with the DPW in terms of the earthworks for the Leeuwkop and Nigel prisons. There are many factors, such as the prevention of erosion, that have to be taken into account. The DCS also stated that it would not move away from the current sites for the first four New Generation Prisons, but will consider a number of issues, such as the existing prisons in the area and communities the offenders come from, for the second set of prisons.

   The DCS responded that the Kimberley prison would be completed within 24 months of the tender being awarded.

   State-owned land was identified for the site in Polokwane, but it was not suitable for the building of a prison. Privately owned land was then identified, but the owner withdrew the offer to sell.

   The Committee mentioned that in a briefing on 21 June 2005, the main building works at Kimberley was projected at R499 million, but the figures presented before the Committee at this meeting indicated an amount of R571.7 million. More clarity is sought on this issue.

   The DPW stated that it in its contracts provision is made for contract price adjustments. This allows contractors to claim additional amounts due to the escalation in costs. The R 571.7 million included the contract price adjustments.

   The Committee also questioned the processes of awarding tenders, such as for X-Ray Scanners, TV Monitors and fencing within the DCS.

   The DCS responded that tenders were published for these services for a period of 30 days, after which the adjudication was done and the bid committee then awards the tender to the company.

   The Committee was also concerned about the Rehabilitation programmes at these new facilities and whether the building of these facilities will address poverty alleviation and job creation.

   The DCS stated that the facilities would be designed to accommodate Unit Management and that there would be smaller units compared to the large units in other prisons. The New Generation Prison concept definitely accommodates rehabilitation programmes and will take into account the implementation of the White Paper.

   The Committee raised the fact that the issue of the New Generation prisons had been before the Committee several times, but the process is still not completed. The Committee indicated that it needs to be kept abreast of all the developments around these facilities. The Committee was anxious to ascertain when these projects would be completed.

   The DPW responded that the designs of the first four New Generation facilities were subject to many changes and additions, which affected the cost of the facilities. The DPW further stated that it would complete the facilities within the specified timeframes.

   The DCS assured the Committee that the funds are still available to continue with the building of the New Generation facilities. It also recommended that the transactional advisor who did feasibility studies on the PPPs be invited to address the Committee on the matter.

   Department of Public Works The Department of Public Works (DPW) has transferred a budget to DCS and DCS has entered into a contractual relationship with DPW who will provide some services on an agency basis. In the meantime DCS is developing internal capacity to take over all these functions. Can more details be provided on this matter?

   As of 01 April 2006, accommodation-related budgets and municipality fees have been devolved to DCS by National Treasury and the DPW. In terms of the current terms of devolution, DPW has to continue these payments on an agency basis while DCS develop internal capacity to take over these functions an infrastructure management in its totality from the DPW. It is anticipated that this will continue only for the current financial year.

3. Recommendations:

   The Committee makes the following recommendations:

   Administration Programme

   The Portfolio Committee supports the allocation to the Administration Programme. The Committee commends the DCS for its movement from the current Medkor scheme to the GEMS and the savings it has accrued through this process. The Committee also supports the movement to a 7- day establishment and the reduction of overtime. However, the DCS must ensure that staff at all levels benefit from interim promotions and not only staff on certain levels. The Committee recommends that it be provided with a hierarchy of positions and salaries of all management of the DCS.

   Security Programme

   The Committee supports the increase in the Security programme allocation. It is, however, concerned about the number of unnatural deaths in prison and is of the view that unnatural deaths should be prevented wherever possible. Violent escapes have put a lot of strain on officials and offenders and the Committee recommends that stringent measures be put in place to deal with officials abetting these escapes. The Committee must be informed, within three months of tabling this report, when the new national operation centre for the management of the biometric equipment will be in operation.

   Corrections Programme

   The Committee supports the increase in the Corrections programme allocation. However, the allocation to this programme will need to increase in subsequent years to ensure the proper assessment and profiling of all offenders, and to ensure that sufficient social workers and other professional staff are recruited and retained to perform these functions.

   Care Programme

   The Committee supports the increased allocation to the Care programme but is concerned that this allocation may not be sufficient to cover all the challenges faced in this programme. Offenders suffering from mental health conditions are of serious concern to the Committee. The DCS needs to ensure that sufficient psychological care is offered to these offenders. This will possibly curb distraught psychological behaviours such as setting cells alight etc. The new compulsory health programmes should be implemented at all centres. The shortage of nurses, social workers, doctors and psychologists within the DCS remains of concern to the Committee. The Committee welcomes recent attempts made by the DCS to improve the salaries of professionals by using the scarce skills and rural allowances, as well as its attempt to recruit doctors, but the DCS should seriously review the salary packages offered to these officials.

   Development Programme

   The Portfolio Committee supports this allocation but recommends that more priority be given to ensure sufficient education and development programmes within prisons in order to assist in the rehabilitation of offenders and to reduce recidivism.

   Social Reintegration Programme

   The Portfolio Committee supports this allocation. The Committee is aware that the overhauling of this programme will be very helpful but recommends that it capacitate staff so that Community Corrections can be in a healthy state. TheCommittee would like to be kept informed of the recruiting of supervision personnel for parolees and probationers as well as be involved in the recruitment process. The Committee further requests to be briefed on the review on the policy on Social Reintegration.

   Facilities Programme

   The Committee urgently requests a briefing by the Department of Correctional Services on the Public Finance Model, before 12 June

   1. At present, due to insufficient information, the Committee cannot make a decision on whether to support or not to support the construction of the new prisons using the Public Finance Model (PFM). The Committee requires a full written report and verbal briefing by the DCS highlighting the comparative cost implications, in both the short and long term, for building using conventional processes, the PFM or the PPP routes and until such time the Committee is satisfied with the idea of the Public Finance Model, the Committee strongly recommends that funds for the building of prisons, not be released. The Committee also recommends that it be part of future developments with regard to New Generation facilities. The Committee supports the decision by the DCS to review the contracts of the existing public- private prisons and believes that these prisons may be better utilised for juvenile and minimum offenders.

   General

   The Portfolio Committee requests that the DCS provides quarterly performance and financial reports to the Committee at the same time as these are submitted to Treasury. ThePortfolio Committee will request that Treasury provides analysis of these reports to the Committee on a regular basis to highlight concerns and potential problems.

   The Committee requests that the DCS provide a briefing to the Committee immediately after submission of their initial budget requests to Treasury. This will provide an opportunity for Members of the Committee to make a more meaningful contribution to the development of the DCS budget.

4. Comments:

   The Portfolio Committee on Correctional Services supports the 2006/07 budget allocation for the Department of Correctional Services. The Committee will continue to monitor the effectiveness of the DCS in realising its mandate as outlined in the Correctional Services Act, No. 111 of 1998 and the White Paper on Corrections.

Report to be considered.

                        TUESDAY, 23 MAY 2006

ANNOUNCEMENTS

National Assembly

The Speaker

1. Membership of the Assembly

 1) The following member vacated his seat in the National Assembly with
    effect from 15 May 2006:

    Gabela, L S.

1. Membership of Committees

(1)     The following members have been appointed to serve  on  the  Ad
    Hoc Committee on Appointment of Auditor-General, viz:


    African National Congress
    Asiya, Mr SE
    Fubbs, Mr J L
    Gabela, Mr L S
    Gumede, Mr D M
    Hogan, Ms B A
    Johnson, Mr M
    Ngcengwane, Ms N D
    Mashiane, Ms L M
    Smith, Mr V G
    Zita, Mr L





    Democratic Alliance

    Trent, Mr E W
    Dreyer, Ms A M



    Inkatha Freedom Party

    Vezi, Mr E T



    National Democratic Convention

    Woods, Dr G G


    United Party of South Africa
    Simmons, Mr S



    Pan Africanist Congress of Azania

    Likotsi, Mr M T



    Minority Front

    Rajbally, Ms S

TABLINGS National Assembly and National Council of Provinces

1. The Minister of Home Affairs

   1) Strategic Plan of the Department of Home Affairs for 2006/07 to 2008/09.

National Assembly

1. The Speaker

 1) Petition from Brig J D Krige praying for the transfer of his
    spouse’s pension benefits to his disabled son – (Presented by Dr F
    J Van Heerden).

    Referred to the Standing Committee on Private Members’ Legislative
    Proposals and Special Petitions for consideration and report.

COMMITTEE REPORTS

National Assembly and National Council of Provinces

Report of the Joint Monitoring Committee on Ethics and Members’
Interests on Investigation regarding the Auditor-General’s Report on the
Alleged Non-disclosure of Ministers and Deputy Ministers

Background

The Auditor-General had on the 15 September 2005 requested information regarding the disclosure of interests of the following Members of the Executive. The Office of the Registrar checked the disclosures and forwarded the following table to reflect the disclosure status of the member concerned. The Registrar also indicated to the Office of the Auditor General that she would seek the responses from the Members concerned regarding the alleged non-disclosure.

Close Corporations

Section 21 Companies |Enterprise name |Name |Disclosed in the| | | |Register | |The Tertiary Education Fund of |Pandor GNM |No | |South Africa | | | |Black South African Freedom |Sisulu Guma LN |No | |Songs and Poems | | | |Community Peace Foundation |Mabandla B |No | |Community Peace Foundation |Mlambo Ngcuka P |No | |Creative Housing Utility |Oosthuizen GC |No | |JobCo |Didiza AT |No | |Biz Africa 1477 |Malusi G |No | |Land and Agricultural Policy |Hanekom DA |No | |Centre | | | |SA National NGO Coalition |Padayachie RL |Resigned |

All Members had responded to the Registrar’s request for clarification and amendments.

Following the publication of the “Auditor General’s Report on the Declarations of Interests by Ministers, Deputy Ministers and Government employees” in January 2006, the Chairperson of the Joint Committee on Ethics and Members’ Interests requested that the Registrar obtain from the Auditor General further information regarding the alleged non- disclosure of Members.

The Registrar established that the Auditor General’s Report report was based on the 15 September 2005 request for information.

The Joint Committee on Ethics and Members’ Interests met on 5 April 2006 to consider the Auditor General’s Report.

In order to obtain background information regarding the completeness and accuracy of Company and Intellectual Property Rights Organisation’s database, the Committee requested that the Chief Executive Officer of CIPRO brief it on the above matters as well as the process to resign as a director of a company.

1. Briefing by the Company and Intellectual Property Rights Organisation (CIPRO)

Mr Modiba (Deputy Registrar of Companies), Mr Voller and Mr Ali attended on behalf of CIPRO. They indicated that the Registrar of Companies had suddenly taken ill and was unable to attend.

The Committee was informed that Mr Modiba would respond to queries from the Committee on behalf of the Registrar of Companies. The Committee expressed its displeasure that the Registrar of Companies was not available to attend the Committee meeting.

The Committee expressed concerns on the accuracy and completeness of the database. In his response to this, Mr Modiba indicated that the database was audited and it was their view that the information was accurate. He conceded that while there are no backlogs some data may have been incorrectly captured and further that there was some information missing. Mr Modiba informed the Committee that the current e-lodgement system allows for the client to update the information electronically thus reducing the margin of error. CIPRO had also offered to address any issues related to errors on their system on a case-by-case basis.

In his input to the Committee, Mr Modiba stated that the Companies Act prescribes the process to follow when a director resigns from a company. The Act also prescribes the process to deregister a company. He agreed that CIPRO was constrained by the prescribed processes in the Companies Act.

The Committee recommended that should CIPRO find their work constrained by the Companies Act they should table amendments for Parliament’s consideration. The Committee also recommended that CIPRO improve communication with its clients.

The Committee agreed that it will hold a follow-up meeting with the Accounting Officer of CIPRO.

Briefing by the Auditor General.

In his briefing to the Committee, the Auditor General stated that his Office had received numerous requests to investigate alleged irregularities by government employees and had on that basis, carried a transversal audit of 142 departments. The purpose of the audit was to ensure that public officials declare their interests appropriately.

The CIPRO databases were compared to the PERSAL database. When the list was scrutinised, Ministers and Deputy Ministers were included on the list. The Auditor General reported that the Minister of Public Service and Administration had indicated that she would issue a letter to all other Ministers informing them about the audit investigation with a request to cooperate with the Auditor General.

The Registrar had been sent correspondence from the Auditor General on the disclosure status of the Members. The Registrar responded with the information table above. The Auditor General indicated that the Ministers and Deputy Ministers had an opportunity to respond to the report before it was finalised.

The Committee asked the Auditor General whether he had verified the accuracy of the CIPRO database. The Auditor General said that he could not verify the completeness of the CIPRO database.

The Auditor General in response to a question by a Member indicated that there was direct engagement with individual Members and the Minister of Public Administration.

The Committee agreed that in similar cases related to Members of Parliament there should be communication between the Auditor General, the Office of the Registrar and CIPRO. In this regard the Auditor General should engage the Registrar to ascertain all the information before any report related to Members is published.

The Chairperson thanked the Auditor General for the report and agreed that the process assisted in improving awareness and would aid in ensuring compliance with the requirements of the Code of Conduct.

The Committee then considered the Report of the Registrar and agreed to the following:

1. Minister C Nqakula

On the 3 October 2005, the Registrar requested in writing details of the Minister’s interests in Votani Mawethu.

The Minister responded on the 13 October 2006 that Votani Mawethu was an NGO which was established to assist people to obtain identity documents for the 1999 election. The directors shut down the programme of the organisation in 2000.

The Minister was not aware that the organisation was not formally disbanded, but has now taken steps to disband the organisation.

Findings

The Committee found that the entity was a not-for-profit organisation and therefore did not need to be disclosed.

The Committee noted that the House had adopted a Committee Report on 11 November 2005 ATC number 1262 which states that Members need not disclose not-for-profit entities.

1. Deputy Minister Padayachie

Deputy Minister has disclosed his interests in Raffles Health and Fitness Club, Vintria Investments and Property Development, Triveni Property Enterpises, he also advised the Registrar of his resignation from the SANGO Coalition.

Findings

The Member complied with the requirements of the Code accordingly there is no breach of the Code of Conduct for Members of Parliament.

1. Deputy Minister ME Surty

On the 3 October 2005, the Registrar requested in writing details of the Deputy Minister’s interests in Go Ja Beng Fast Foods and Happy Developers. The Deputy Minister had disclosed his interests in Casbah Cinema, Hectaris and Hectaris and Zinrus Developers.

The Deputy Minister advised that Go Ja Beng Foods and Happy Developers were deregistered on 27-06-2001. The deregistration was published in the Government Gazette of 22 June 2001, Gazette number 22372, notice number 129785.

Findings

The Committee ruled that as these companies are formally deregistered there is no breach of the Code of Conduct for Members of Parliament.

1. Minister GNM Pandor

On the 3 October 2005, the Registrar requested in writing details of the Minister’s interest in Luthando and the Tertiary Education Funds of South Africa.

Minister Pandor indicated in her response on 18 October 2005 that she had disclosed her interests in Luthando in 2003 and 2004. In 2005 she resigned her directorships in Luthando and therefore did not deem it necessary to disclose.

She also indicated that the article 21 company Tertiary Education Fund of South Africa no longer exists.

Findings

There is no breach regarding the Tertiary Education Fund as Members are not required to disclose directorships in article 21 companies. Refer to (ATC of 11 November 2005 number 1262). The Committee found that on the matter of Luthando that the Member had disclosed in 2004. With regard to her directorship in Luthando the Committee accepts the Minister’s undertaking that she had resigned her directorship.

The Committee finds that there is no breach of the Code.

1. Deputy Minister N Hangana

Deputy Minister N Hangana has disclosed her interests in Balsas Management and All Pay.

Findings

There is no breach of the Code as the Member disclosed her interests as required.

1. Deputy Minister GC Oosthuizen

On the 3 October 2005, the Registrar requested in writing details of interests in companies in Momentum Oil Refinery Explorations, Thaba Drank Kelders, Braai Spot CC and article 21 company Creative Housing Utility.

Deputy Minister Oosthuizen produced documents which show that he resigned as director of Momentum Oil refinery on the 1 January 1985.

The Deputy Minister produced documents that shows that he resigned from Creative Housing Untility on 20 June 1987.

The Deputy Minister indicated that Thaba Drank Kelders and Braai Spot CC were dormant and were deregistered in November 2005. The Deputy Minister had also shown that the companies had not traded for more than 10 years and that Thaba Drank Winkel was established in 1986 and the Deputy Minister was unaware that he was connected to the entities.

Findings

The Committee finds that there is no breach of the Code of Conduct for Memebrs of Parliament.

1. Deputy Minister MKN Gigaba

On the 3 October 2005, the Registrar requested in writing details of the Deputy Minister’s interests in Development Enterprise for Management and Strategic Services as well as Biz Africa.

In his response on the 11 October 2005 the Deputy Minister submitted a copy of his letter of resignation from Development Enterprise for Management and Strategic Services. The Deputy Minister advised that his participation in Biz Africa was in his capacity as the President of the ANC Youth League, he relinquished the Presidency on the 14 August 2004 and automatically all interests in Biz Africa.

Findings

There is no breach of the Code of Conduct for Members of Parliament. The Committee notes that Deputy Minister Gigaba had disclosed both the interests in his 2004 disclosure, this gives credence to his response that he is in the process of resigning the interests.

1. Deputy President P Mlambo-Ngcuka

On the 3 October 2005, the Registrar requested in writing details of the Deputy President’s interests in Lesila (burial society) and The Community Peace Foundation a section 21company.

The Deputy President responded on the 14 November 2005 that in 1997 the University of the Western Cape deregistered the Community Peace Foundation.

The Deputy President indicated that Lesila was established in 1999, in response to frequent requests for assistance with burials by members of the community.

The Deputy President further indicated that Lesila was established to provide financial support to needy families who could not afford burial expenses. Lesila was therefore an organisation for which no benefit or remuneration could be accrued. In any event the organisation never operated.

Findings

Based on the information received the Committee finds that as there was no intention of financial gain in the establishment of the Lesila Burial Society, there is no breach of the Code of Conduct.

1. Deputy Minister L Xingwana

Deputy Minister Xingwana had advised the Registrar of her resignation from City Cat after the matter was considered by the Committee on 11 November 2005.

Findings

The Committee finds that there is no breach of the Code of Conduct for Members of Parliament.

1. Minister SN Sigcau (Deceased)

2. Deputy Minister DA Hanekom On the 3 October 2005, the Registrar requested the Deputy Minister in writing to submit details of his interests in Land and Agricultural Policy Centre. Deputy Minister has disclosed his interests in Tregoyd.

Deputy Minister Hanekom in his response confirmed that he resigned from Land and Agricultural Policy Centre 10 years ago. He contacted the Land and Agricultural Policy Centre in order to ensure that his resignation is formalised.

Findings

Tregoyd has been disclosed so there is no breach. The Land and Agricultural Policy Centre is a not-for-profit organisation and therefore there is no breach of the Code of Conduct.

1. Minister JT Radebe Minister Radebe declared his interest under Land and Property, he has a 50% interest in Stand 1993 in Houghton.

Findings

There is no breach of the Code of Conduct for Members of Parliament.

1. Minister ZST Skweyiya The CC Hoewe 114 Lyttleton was a property holding CC that owned two holiday flats in Port Edward, which were sold in 2005. The flats were previously disclosed in the 2003-2004 register. The Minister has also subsequently signed papers to be excluded from the CC.

Findings

There is no breach of the Code of Conduct for Members of Parliament.

1. Minister L Sisulu-Guma On the 3 October 2005, the Registrar requested the Minister in writing to submit details of her association with Black South Africa Freedom Songs an article 21 company. The Minister indicated that the entity had never operated.

Findings

Members are not required to disclose interests in not-for-profit organisations. There is no breach of the Code of Conduct for Members of Parliament.

1. Deputy Minister S Shabangu On the 3 October 2005, the Registrar requested the Deputy Minister to advise on the status of her resignation from Western Ocean 38. The Deputy Minister had informed the Registrar that she had resigned her interests in Western Ocean 38. She submitted proof of resignation. (This matter was previously considered by the Committee.) Refer to ATC 11 November 2005 page number 1262.

Findings

There is no breach of the Code of Conduct for Members of Parliament.

1. Minister AT Didiza On the 3 October 2005, the Registrar requested the Minister to submit details of her association with Jobco a section 21 company.

The Minister indicated that the Directorship arose from her role as government trustee on the Business Trust. The programmes included Tourism and Education. The Minister updated her record accordingly.

Findings

As this is an article 21 company directly associated with the Minister’s Executive role, there is no breach of the Code of Conduct for Members of Parliament.

1. Minister B. Mabandla On the 3 October 2005, the Registrar requested the Minister in writing to submit details of her association with The Community peace Foundation.

The Minister advised she was never a Member of the Community Peace Foundation and in any event it was deregistered on 1997

Findings

The Company was deregistered. There is no breach of the Code of Conduct for Members of Parliament.

Conclusion

In its consideration of the alleged non-disclosure of interests, the Committee noted that there is no conflict of interests. There is also no evidence that any member named above has promoted his or her financial interest. The Committee notes that the purpose of the Code is to ensure that the member discloses his or her financial or pecuniary interest. In the cases outlined above there are no current active financial interests that have not been disclosed. The Committee is also mindful that the purpose of the Code is to promote ethical conduct.

In its consideration of these matters, the Committee has concluded that it must develop further guidelines to assist members. To this end the Committee hopes to host a series of workshops within Parliament to promote debate on the issue of ethics and examine various systems of accountability for elected representatives. The Committee will also host a conference on ethics in public life to obtain an expert view and facilitate public comment on the issues.

The report was adopted by the Committee on the 23 May 2006.

Signed

Mr L Landers Date Chairperson of the Joint Committee on Ethics and Members’ Interests

Mr AL Moseki Date Deputy Chairperson of the Joint Committee on Ethics and Members’ Interests

National Assembly

1. Report of the Portfolio Committee on Education on Oversight Visit to Further Education and Training Colleges, dated 29 March 2006:

A. INTRODUCTION

The Portfolio Committee on Education having undertaken an oversight visit to Education and Training (FET) Colleges, reports as follows:

As part of its oversight function over Further Education and Training Colleges, the Portfolio Committee took a decision to conduct its visits on 15-19 August 2005. The Committee visited the FET Colleges in Limpopo, Gauteng, Eastern Cape and KwaZulu-Natal.

The Further Education and Training (FET) Act No. 98 of 1998 was promulgated in 1998. It provides for a broad framework within which the FET system can be developed and implemented. The Act regulates the FET Colleges by providing for the establishment, governance and funding of public FET institutions. The FET Sector is divided into two sections, the FET schools (grades 10 to 12) and the FET Colleges. There are 50 Public FET Colleges that are a result of a merger of the previous 152 technical colleges that is made up of multi-Campus institutions that are distributed across the country. The sector is constituted by 206 Campus sites.

B. LOGISTICAL ARRANGEMENTS

The Portfolio Committee Members divided themselves into two teams of multi- party delegations.

The delegation to the Limpopo and Gauteng Provinces under the leadership of Prof SM Mayatula (ANC) included Ms PR Mashangoane (ANC), Ms DG Nhlengethwa (ANC), Mr JJ Maake (ANC) who replaced Mr LW Greyling (ID) who could not make the trip and Mr AM Mpontshane (IFP). Mr S Morometsi the Committee Secretary accompanied the delegation.

While in Limpopo Privince the delegation was joined by the Chairperson of the Provincial Legislature Portfolio Committee on Education, Ms Joyce Ndimande and Mr LJ Lepulane, a Member of the Provincial Legislature, Ms Ida Maaga, Committee Secretary, Limpopo Provincial Legislature, Mr Rapule Matsane, Manager Parliamentary Affairs in the Office of the MEC and Ms SE Lekoloane, FET Curriculum. The National Department of Education was represented by Mr MD Mashaba, and Mr MW Mogashoa, FET, IDS.

The delegation of the Eastern Cape and KwaZulu-Natal Provinces under the leadership of Mr Mthembu included Adv A Gaum (NNP), Mr G Boinamo (DA) and Ms J Ngele (ANC). Mr T Madima, Control Committee Secretary accompanied the delegation. Ms A Singh, and Mr Khanya Ngaso, Acting Chief Director, Eastern Cape FET Colleges represented the National Department.

C. TERMS OF REFERENCE

The main purpose of the oversight visit was to assess and monitor the readiness of all the FET Colleges with relation to: Governance; Human Resource; Finances; Learnership support services; status of workshops and curricula; implementation of Employment of Educators Act and progress on appointment of Chief Executive Officers.

D. FINDINGS

1. REPORT ON VISIT TO LIMPOPO PROVINCE

1.1 Meeting with MEC for Education, Limpopo Province, Honourable Dr A Motsoaledi

On 14 August 2005, the delegation was hosted by the MEC for Education, Limpopo Province, the Honourable Dr A Motsoaledi at a dinner party at Meropa Guest House. Also present were the Provincial Head of the Department Prof Nengwekhulu and officials of the Provincial Department and Chief Executive Officers of all the Further Education and Training Colleges in Limpopo province.

The MEC in his welcoming speech gave an overview of the FET Colleges in the Province. He conceded that the province has embraced the recapitalisation process. However, there are glaring challenges facing FET Colleges that are in relation to machinery, infrastructure, accreditation of workshops and learnership support services. He made the following observations:

• The education pyramid is inverted. There are more university  students
  than FET college students. This must be corrected.
• The recapitalisation of FET colleges needs  a  clear  definition.  The
  process seems to be confined to infrastructure development.
• Experts should have been involved in a broad analysis to have a  long-
  term plan for the sector.
• The FET colleges are not well advertised and yet  they  make  a  vital
  contribution. The Agriculture, mining and  tourism  are  the  economic
  drivers and FET colleges must be geared to support these sectors.
• There are  some  challenges  associated  with  implementation  of  the
  Employment of Educators Act.
• The cross-border FET colleges should be controlled centrally.

He indicated that his office was considering the possibility of organising a provincial mini summit to address the challenges facing FET Colleges in the province.

1. VISIT TO FET COLLEGES

On 15 August 2005, the delegation visited a number of FET Colleges in the province:

2.1 CAPRICORN FET COLLEGE, SESHEGO CAMPUS

The Chief Executive Officer of Capricorn FET College, Polokwane Campus, Mr KR Madzhie and the Campus Manager, Mr M Letsoalo welcomed the delegation.

The CEO reported to the delegation on issues of governance within the College. While the Councils are operational, the College still has to clarify on the following matters pertaining to governance of the Council: • Who should be the members of Council and what allowances they should receive? • What are the roles and responsibilities of the Council versus those of management? • What are the powers of Councils versus those of the provinces? • There is a need for the coordination of the engagement of FET colleges with industries. • The FET Colleges Act needs to be revisited.

Mr TJ Kekana CEO, Human Resources reported that the institution is experiencing challenges with the implementation of the Employment of Educators Act, (1998). Though the institution has an organogram, some of the staff members are people employed on contract posts. There is a lack of specialisation in the institution. The challenge for FET colleges is grading between those with full time equivalent (FTE) of 2 000 and above and those that are below.

On Infrastructure, CEO, Mr KR Madzhie, reported on the following challenges: • Equipment is old. Since the mergers, no funds have been received from the provinces. • Equipment for information technology is very old and the new ones are very expensive.

On Finance, Ms MJ Botha CEO Finance reported the Colleges receive budgets from the provincial government. The concern however is that the institutions generally do not have financial managers.

On Curriculum, CEO Ms SC Sehlake indicated that there is no national qualifications framework (NQF) for FET colleges. She also reported that the Industry has no confidence in FET college courses. When writing examinations, the Department assesses on NATED courses and not on their practical work. The SETAs are also involved in the assessment of learners. The Co-ordinator of Hospitality and Food Services, Ms Ngoasheng gave a brief inspection tour of the facilities. She reported that the Campus offers trimester courses in Carpentry, Clothing Production, Interior Decoration, Hospitality and Food Services, Tourism and Motor Mechanic. The emphasis on these courses is on theory and not practical. The Umsombovu Youth Fund, a structure established by Government to provide funding for learnership programmes sponsors the out of school learners for practical classes on welding. The challenge facing the Campus is that the machines that they are using are old and the workshops are dilapidated and posed a health risk.

1. CAPRICORN FET COLLEGE, POLOKWANE CAMPUS

2.2.1 Meeting with Chief Executive Officers of all FET Colleges in Limpopo

The report presented by the CEOs/Principals referred to observations made on the state of affairs and challenges in the areas of governance, human resource, infrastructure and facilities, curriculum, finances and learner support.

• Governance The Chief Executive Officer of Vhembe, Mr MH Mnisi, briefed  the  delegation on governance with specific reference to  College  Councils  operations  and the laws regulating  FET  Colleges.  He  reported  that  all  Colleges  have Councils, which  were  appointed  by  the  Provincial  MEC,  and  these  are operational. They  have  all  developed  college  policies  that  have  been submitted to the provincial office for approval during the  merger  process. The challenges however facing governance of Further Education  and  Training Colleges have to do with regularisation of the  National  Guidelines  (needs to be standardised) and the clarification of roles and  responsibilities  in the FET Landscape of College Managers. He stated that in  order  to  address these challenges, the  Department  needed  to  develop  National  Norms  and Standards that would be applicable to all FET Colleges in the country.

• Human Resources The Chief Executive Officer of Sekhukhune FET College, Mr TJ Kekana  briefed the  delegation  on  current  and  related  human  resource  challenges  and mechanisms to overcome shortcomings relating  to  effective  functioning  of the campus. The colleges have been provided with two  sets  of  organograms. The first organogram was the one for smaller colleges  under  Post  Level  5 and the other was for bigger colleges that were classified under Post  Level 6. As a result of upgrading technical  schools  into  FET  Colleges,  former technical colleges staff members  were  absorbed  into  the  colleges.  This necessitated colleges to offer new  courses.  As  a  result  therefore,  the colleges began to offer new courses, and appoint  their  own  lecturers  and staff on a temporary basis. It is against this  background  that  the  Chief Executive Officers /Principals were  appointed  and  no  further  management positions were filled.

The delays in filling middle management positions contributed to further challenges that affected the delivery on the expected functions of the Colleges. As a result of the willy-nilly appointment of staff into positions, this compromised professionalism and affected the working hours of educators. In order to overcome the challenges of job security and high turnover of educators, the college proposed that the provincial department should rather fill the vacant positions and develop separate working hours for FET educators in the FET Colleges sector, and also consider standardising the grading of Principals.

• Infrastructure and Facilities The CEO of Polokwane  Campus  of  Capricorn  FET  College,  Mr  KR  Madzhie, reported on the existing challenges relating to  infrastructure  development and provision of learning facilities. Infrastructure and facilities in  this case  refers  to  the  classroom  required  for  theoretical  learning,  the workshops for practical training, equipment used for both learning aids  and administration. All the Colleges  have  inherited  infrastructure  from  the previous technical colleges, thus some have  workshops  and  others  do  not have. The existing workshops are generally located in  old  and  dilapidated buildings and most of the equipment used for both  management  and  learning aids are obsolete.

The major challenges mentioned related to the non-existence of information communication technology, non-responsiveness to industrial requirements, dilapidated buildings and old machinery. In order to overcome infrastructural challenges, they proposed that the recapitalisation process should set aside funds to upgrade and develop infrastructure and that the provincial department and the private sector should support colleges to develop resources to effectively provide training.

• Finance The Chief executive officer of FET College, Mrs MJ Botha,  reported  on  the finances of the colleges. She focused on the way colleges are raising  funds and how those finances are managed. The Department through subsidies,  which are divided in terms of their own formula, funds the Colleges.  The  subsidy is mainly utilised for  operational  purposes.  The  additional  revenue  is earned through learner tuition fees. The  challenges  relating  to  finances are that colleges  are  pressed  to  utilise  the  funds  for  staffing  and infrastructure and this creates problems when utilising earmarked funds  for operational purposes.

They proposed that the Provincial Department should set aside earmarked funds for the maintenance of college infrastructure, that colleges should not be funded based on the number of registrations instead, colleges should be funded on the production of quality programmes that address the economic needs of the country.

• Learner Support The CEO of Lephalale FET College,  Mr  J  Raath,  reported  on  the  learner support services. The learner support services had been  the  initiative  of colleges  and  some  colleges  had  entered  into  partnership   with   Non- Governmental Organisations (NGOs) to offer learnership services.

The challenge is that learners need to be supported to gain access to the industries. The Colleges need to develop centres of relaxation where learners could feel relaxed to learn and discuss personal problems.

• Curriculum The CEO of Mopani South East FET College, Ms SC Sehlake reported on the  old Nated programmes of the Department. Most of the curricula  at  colleges  are designed along the National Education Document (Nated). There is an  attempt to  align  programmes  in  conjunction  with  the   National   Qualification Framework. The FET exams are based on theory and not on practical.  However, colleges are encouraged to enter into partnership with industries. The  more collaboration with industries, the greater opportunities for  employment  of learners and for job creation.

2.2.2 Meeting with Student Representative Council (SRC)

Ms Mariette Britz, the Student Representative Council member, reported on gains made by the SRC and the challenges facing students. There are two (2) student representatives on the Management Board of the college, and two (2) on the College Council. She informed the delegation that students need bursaries to relieve them from financial debts and also support centres for the three Campuses.

She highlighted that the emphasis on theory and not practical makes students face a bleak future upon completion of their studies. This also contributes as a deterrent for students to gain access into the private sector. Further the programmes that are offered do not take into account the threat faced by students when infected with the HIV/AIDS virus. There are no support services to support students socially, economically, emotionally and even to gain access to Internet facilities.

2.2.3 Meeting with Academic Staff

Ms Hettie Cloete, a representative of the academic staff, reported on the frustrations faced by academics in relation to job security. Most academics are employed on a temporary basis and this makes them feel alienated. They appreciated the efforts of Management having standardised salary packages of educators, however, they still felt uncertain on the lack of job security.

2.2.4 Meeting with Executive Board

Ms EKM Masehela, the Campus Manager of Polokwane Campus, reported on the challenges facing the college. She said that the college lacked student support resources, the equipment in the college is old, the lack of human resource capacity to match access demand, lack of sports facilities for student to participate, the continued employment of temporary lecturers, high turnover of educators in pursuit of greener pastures.

2.2.5 Meeting with College Council

Mr Dikobo, the Chairperson of the College Council, reported on the challenges facing the college. He reported that the reduction of the FET Colleges to 52 and the merger process had been an enormous task performed by the Department. The disparities at colleges are historical and are as a result of merging a former college of education with a state school and former state-aided schools. The challenge facing National Department is to change mindset. In order for FET Colleges to meet National mandate, there is a need for adequate and donor funding. There is a need to establish a funding framework for FET Colleges in order to attract the kind of students that would swell the numbers in FET Colleges. The lack of funds makes it difficult for Colleges to retain staff in the College. Even though the challenges seem to be astronomical, colleges endorse the merger process.

1. WATERBERG COLLEGE OF LEBOWAKGOMO CAMPUS

The Chief Executive Officer of Waterberg FET College Lebowakgomo Campus, Mr SP Mailula, welcomed the delegation and provided an overview of the college. The College Council, the Academic staff, the Learners, representative of labour, Lepelle-Nkumpi Municipality Councillor reported on challenges faced by stakeholders.

   1. Meeting with College Council

The Chairperson of the College Council, Mr ER Maponya, reported on three pertinent issues. The first issue was on the history of the College. The College received funding from the Development Bank of South Africa (DBSA) and the South African Brewery to the value of R250, 000. The College has a High School component, which since 1994, offers bridging courses on Commercial subjects and the first Principal is the present CEO. The school started offering Grades 8 to 10 and has a 100% Matric pass rate. The second school project that was introduced was the Adult Basic Education and Training program. The courses that are offered for the ABET programme are courses such as computer literacy. The third school project at Waterberg FET College is to become a leader in marketing the skills acquired by learners and converting them into employable artisans.

The mission and vision of Waterberg FET College was to identify people in the community who have acquired skills and absorb them into the College and assist them by honing and refining the skills they possessed. He outlined the challenges facing FET Colleges and proposed that the Department developed a training programme for instructors and that the positioning of the FET Colleges on the education landscape band be reconsidered.

   2. Meeting with Academic Staff

A representative of the academic staff, Mr AM Phasha, gave a report to the delegation. He said that the development of the FET Curriculum should be responsive to the needs of the community. Their aim is to develop learners into becoming professional artisans. By assisting learners to become professional artisans, learners would become employable and assist in the eradication of poverty. In order for educators to provide effective assistance to learners to become professional artisans, the physical infrastructure of the College needs to be developed. However, for educators to enable learners to acquire those scarce skills, the temporary employment status of educators needs to be converted into permanent positions to bring stability.

   3. Meeting with Learners

The President of the Student Representative Council, Mr Isaac Phetla, reported on the shortage of academic staff and recreational learner support services, lack of access to telephone and fax machines, the lack of Internet services impedes learners in obtaining quality information, the poor quality of programmes offered impacts negatively on the marketability of learners.

   4. Meeting with Representative of Labour Ms RM Phaahla, the representative reported that, in order that  the  College should be seen as providing a service to the community,  the  core  function of the college,  which  is  to  empower  learners  with  skills,  should  be emblazoned on the entrance of the college. In that way the college would  be responsive to the needs of the community. For members of  the  community  to embrace the college as their own,  the  college  needs  to  recognise  prior learning.

   5. Meeting with the Lepelle-Nkumpi Municipality Councillor

Mr MT Mogano a ward councillor of Lepelle-Nkumpi outlined the challenges facing the college. He reported that the greatest challenges facing the college are archaic infrastructure and facilities, poor quality of equipment. For the college to make a lasting impression on the community, the college needs to offer courses such as computer literacy. In their endeavour to involve members of the community, the college should approach the municipality to assist them to identify empty structures to launch community-driven initiatives.

2.4 MOPANI SOUTH EAST FET COLLEGE

On the 16 August 2005, the Chief Executive Officer of Mopani South East FET College, Ms SC Sehlake welcomed members of the delegation. She proceeded by outlining the issues to be discussed that includes presentations by learner representative, representative of workers union, representative of academic staff.

2.4.1 Meeting with Learner Representative

The President of the Student Representative Council (SRC) reported on critical issues that the skills training facilities are outdated, the machinery is obsolete and lack of student support services. He proposed that the college should consider offering programmes such as art and craft as the region is situated in a tourist dominated area. He said that seeing that the economy of the province as outlined in its Growth and Development Strategy is centred on mining, agriculture, forestry and tourism, it would be advisable for the college to align its curriculum along agricultural development.

2.4.2 Meeting with Academic Staff

Ms JL Dibakwana, a representative of the academic staff reported on pertinent issues. The introduction of new programmes resulted in attracting white students who started registering at Sir Val Duncan College. The introduction of new programmes eliminated the duplication of courses. Another positive development at the college was the accreditation of the carpentry workshop by FIETA SETA. The accreditation would enable the college to issue certificates to learners, which would be recognised by the industries. The college also offers short courses in Engineering and Business on a part-time basis.

The first challenge facing the college is that when offering short courses on a part-time basis, the facilitators who lecture in those classes, work for eight hours. Because they work for eight hours, no provision has been made in the South African Schools Act (Act no.84 of 1996) for remuneration when working after hours. The second challenge facing the college is that of facilitators who have been employed on a temporary basis. As soon as they find a better offer of employment, they tender their resignations and leave the students stranded without an educator. The third challenge facing the college is the scarcity of water that makes it practically impossible to offer courses in agriculture. Despite the lack of resources, the future plans of the college are on track. The college has recently entered into partnership with Umsombovu to start a youth advisory centre at its two satellite Campuses. The college has been selected by Indlela (that is the new name for Olifantsfontein Trade Centre) to plan and prepare learners for assessment on their trade tests. The college is in the process of upgrading their workshops and are in the final stages of being approved by the Sector Education and Training Authorities.

2.4.3 Meeting with SADTU Representative

The Chairperson of South African Democratic Teachers Union, Mr. B Selelwane (SADTU) Bushbuckridge region reported to the delegation on the role the union played during the merger process. The Union would want to see the College offering courses that are responsive to the needs of the community. For the college to play that role, they (the college) have to conduct extensive research and collect information on the needs of the community. As a union they would want to see the college playing an active role in eliminating illiteracy amongst members of the community. The way through which the college could achieve that is by introducing an Adult Basic Education and Training Learning courses.

1. REPORT ON VISIT TO FET COLLEGES IN LIMPOPO: OVERVIEW OF COLLEGES

3.1 Workshops

Part of the role of the delegation in conducting oversight was to practically inspect the facilities at FET Colleges in Limpopo. The FETs offered a range of courses in Electrical Engineering, Motor mechanics, Business, Panel-beating, Plumbing and Welding, etc. What drew the attention of the members was the condition of those machines and the status of the workshops.

In providing an overview of the status of these workshops at FET Colleges, the inspections conducted would be divided into the conditions of the machinery, the equipment used, accreditation of workshops and peculiarity.

Lephalale FET College is making use of the Mining workshops that are adjacent to the College and are well equipped and technologically advanced.

Workshops in all other colleges are poorly resourced and utilized outdated equipment. These conditions have a negative impact for the preparation of the learners for labour market. The machinery in most of the workshops at FET Colleges in Limpopo are old, archaic, broken, health hazard, rusty, dilapidated to non-existent.

1. Accreditation

For a FET College to produce a learner that has gone through all the stages of his/her studies a learner has got to have done theory and practice and obtained an apprenticeship certificate and finally has written and passed his/her trade test and become an artisan. Colleges need accredited workshops. Most of the workshops at FETs in Limpopo have not been accredited due to bad conditions.

1. Predicament faced by learners When learners complete their theoretical courses, they are faced with a predicament because industries do not recognise the certificates, also the theoretical courses are only offered for three months.

2. Observations by the delegation The delegation noted the progress made by the Department with regard to the merger of Further Education and Training Colleges and having set aside an amount of R12, 5 billion for re-capitalization, the delegation observes as follows:

• Chief Executive Officers/ Principals The Chief Executive Officers embraced the merger process. They are committed to transforming colleges and to uplift the skills of members of the society and the country in general. They (the CEO’s) speak in unison under, governance, human resource, infrastructure, finance, curriculum, and learnership support services. In the interim, they propose urgent intervention from the Provincial and National Departments on the following policy matters:

• Curriculum The National Education Document (Nated) programmes are not linked to practical work. The examination on theory is written either per trimester/semester/annually depending on the length of theory to be covered. Neither the department nor Umalusi accredit the practical because they are not aligned to the National Qualification Framework (NQF). In order to overcome the challenge of the Curriculum; colleges should proceed with the Nated programmes for learners who want to further their studies or want to acquire more content knowledge or those that need theory for trade certificates, that Nated programmes should be aligned to NQF which would have a practical component to assess skills, while aligning Nated programmes to NQF, allow colleges to offer NQF programmes and be accredited by various SETAs but those programmes should be responsive to the need of the economy. The criteria used for accreditation should have proper infrastructure, equipment, materials, health and safety compliance plans, learner support services and relevant academic staff that would be retrained.

• Learners The delegation  noted  that  the  learners  need  learner  support  centres, bursaries and access to Internet facilities and libraries.  It  was  further noted that that biggest frustration for the academic staff members  is  lack of job security.

• Labour formation In relation to labour, members of the delegation noted that labour  embraces the merger process and support the re-capitalization. That they  would  want colleges  to  be  responsive  to  the  needs  of  the  communities  and  the curriculum should be in line with those needs.

1. REPORT ON VISIT TO GAUTENG FET COLLEGES

On the 17 August 2005, the Chief Executive Officer of the Sedibeng Further Education and Training College, Dr Abe Machele, accompanied by Mr. A Bornman fetched members of the delegation from the Riverside Hotel. Thereafter, the delegation proceeded to the Sedibeng FET College, in Vereeniging Campus where they (the delegation) were welcomed by Mr Len Davis, Deputy Director General, Group General Manager, Curriculum, Gauteng Provincial Department on behalf of the Provincial MEC of Education, Honourable Ms Motshekga. The MEC and the Head of the Provincial Department joined the delegation on Friday on the last lap of the visit at South West Gauteng College, Molapo Campus.

Following the welcome, the delegation toured the Vereeniging Campus, led by Ms L Ngoasheng Campus Manager, inspecting various Hospitality Salons, where learners are taught to become Beauticians, Nail Technologists. The delegation inspected a Hair Care Salon that specializes in Afro Hair. Thereafter, they inspected workshops of trade such as Fitter and Turner, Motor Mechanic, Boilermaker, Electrician, Motor and Body repairing and spray-painting.

After having inspected the workshops and Hospitality classes, the delegation travelled to the Sedibeng FET College, Sebokeng Campus where the delegation interacted with Chief Executive Officers of all FET Colleges in Gauteng, Student Representative Council, Labour Representatives, Learnership Representative and Community Projects Representatives.

1. Meeting with Principals of FET Colleges

Dr Abe Mashele, the Chief Executive Officer of Sedibeng FET College gave a report on behalf of Principals of FET Colleges in Gauteng province. The structural adjustment to transform systems has succeeded in reforming former Technical Colleges into Further Education and Training Colleges. However, the lack of merger synchronised funding unravelled the initial momentum and successes of mergers as a result the successful structural adjustment exists as an isolated concept without an immediate and direct meaningfulness to the FET College population. He further outlined the challenges posed by the merger process under infrastructural deficiencies, funding, curriculum, governance and management of FET Colleges.

First the shortcomings and challenges posed by the merger process caused delays on lifting of the moratorium on existing promotion posts (Level 3 to Level 5) since 1999. Delays occurred in the lifting of the moratorium on existing Senior support staff positions (Public Servants) for the past 10 years, The limitations in the Employment of Educators Act, of 1998 related to inflexible leave arrangements impacts negatively on working hours of educator. The regulations governing workload of educators does not recognise relevant and essential occupation-acquired technical competence and experience of artisans.

• Infrastructure Deficiencies Under  infrastructural  deficiencies  the   Principals   argued   that   the establishment of Central Offices  at  Campuses  had  resulted  in  generally insufficient  and  inadequate  office  space  and  that  the  student   fees structures of former state colleges and  state-aided  colleges  need  to  be standardised.

• Funding of FET Colleges Funding derived from the province is currently meant  for  rates  and  taxes and a small portion thereof is directed towards  infrastructure  maintenance and repairs. In order that colleges are able to  effectively  conduct  their core functions, the infrastructure and equipment need  to  be  rehabilitated or  refurbished.  It  is  imperative  for  colleges  that  when   developing curricula they need to be innovative. It is  the  duty  of  the  college  to capacitate staff in order that they perform their  duties  effectively.  The institution needs to put in place structures that would attract  and  retain staff. There is a significant deficiency  in  funding  for  student  support centres, and a student financial aid scheme for students in  colleges  needs to be considered. Students are overburdened by debt, there is a need  for  a new funding formula to promote equity and redress at institutional level.

• Curriculum There are curriculum problems linked to  the  implementation  of  SETA-based programmes.  The  Provincial  and  National  Department  do  not  fund   the programmes, they are regarded as Non-DoE programmes. The  implementation  of new South African Qualification Authority accredited  programmes  should  be expedited; the National-Qualification-Framework-aligned  and  Outcomes-Based Education programmes need  to  be  clearly  delineated;  the  current  Nated 190/191programmes should be replaced  by  a  framework  that  would  provide colleges with a structure and direction in designing a  curriculum  that  is responsive to local, provincial and national needs; that teaching  practices need  to  address  barriers  that  prevent  students  from  realising  their potential; that evaluation and  assessment  strategies  that  are  practised should strive  to  deepen  understanding  and  promote  the  application  of knowledge and  skills  in  different  contexts  to  achieve  optimum  and  a comprehensive Quality Assurance System need to be put in place.

• Governance and Management On this aspect there is a need to strike a balance between the roles of  the College Council and management. It is important for a  new  college-specific legislation that excludes schools but incorporates  provision  of  staffing, no  clear  defined  roles  of  previous  Principals/Rectors  of  the  former Technical colleges and no provision is  considered  to  encapsulate  college schedules e.g. trimesters in favour of school-oriented practices.

1. Meeting with Student Representative Council (SRC)

The President of the Student Representative Council, Mr P Makole, gave the report on the following issues: the absence of a bursary or scholarship scheme for learners, the need for hostel accommodation for learners. There is a need to absorb learners into learnership programmes after they have completed the 18 months theory into industries to gain the necessary experience. There is a need for a student resource centres. The college does not have enough classrooms as a result students are being denied access to the college. The trimesters system should be replaced by a semesters system to enable learners to complete their work within 10 weeks. The College should consider offering courses in engineering.

3. Meeting with the Labour Representative A representative of Labour, Ms EM Masilo reported on the  challenges  facing the union and provided proposals as to how to  overcome  them.  The  College would like the 3-months training system (trimester) should be  changed  into a semester to afford learners sufficient time  to  acquire  skills  (theory) and prepare optimally for the exams. Further, educators experience  problems related to the high student lecturer ratio. They  proposed  that  management should consider not allowing learners to write exams  without  a  year  mark and having not attended classes regularly. The  presenter  reported  further that  most  Campuses  lacked  well-equipped  workshops  that  would   enable learners to put theory into practice.

4.4 Presentation by Learnership Representative

The Chief Operations Officer, Dr CF Ayres, briefed the delegation on the following areas:

• Learnership in FET Colleges The source of learnership programmes emanated from  the  Skills  Development Act, which encouraged partnership between the public and private  sector  of the economy to offer practical training in  the  workplace  and  theoretical education within the educational sector.

• Recognition of Prior Learning It is hoped that FET Colleges should be capable of  determining  and  giving Recognition of Prior Learning (RPL)  of  learners  who  want  to  enter  the education system. A study conducted on FET Colleges found that the  majority of colleges do not possess a system for the recognition of prior learning.

• Partnerships The success of learnerships is dependent on  the  involvement  of  commerce, industry  and  the  service  providers  for  practical  training.  The  more learnerships that can  be  presented  in  collaboration  with  commerce  and industry, the greater the opportunities for employment of learners  and  for job creation.

• Skills Development Facilitators Further Education and Training Colleges have a competent Skills  Development Facilitators (SDF) because a  facilitator  would  determine  the  successful implementation of learnership to a large extent.  It  was  also  noted  that some of the colleges had  the  support  and  assistance  of  several  Sector Education and Training Authorities, while others  had  to  manage  on  their own. This resulted in  the  colleges  having  to  appoint  additional  staff members from the college funds.

4.5 Challenges

The Colleges had to appoint additional members of staff to conduct classes after hours. This is a breach of the Employment of Educators Act (Act 76 of 1998) that prohibits educators from receiving any money or other remuneration from member of the public or another employer in order to execute his/her duties without written permission from the Department of Education. Learnerships are not regarded as Department of Education programmes, but as Department of Labour programmes.

• Development of Learnerships The new learnership system includes the old  apprenticeship  system,  namely the integration of theory  and  practice.  At  present  most  colleges  only present the theoretical tuition and the  learner  cannot  demonstrate  which practical skills he/she has mastered.

• Successful implementation of learnership programmes Colleges  were  not  easily  accepted   as   service   providers   for   the implementation of learnerships by the private sector,  because  no  previous similarities between the FETs and industry existed.  The  expertise  of  the college staff regarding the required content of the  new  learning  material was utilised optimally. The development of the learning  material  was  time consuming and therefore staff were  selected  who  had  declared  themselves willing to put in extra time and sacrifice  college  holidays  in  order  to develop learning material.

• Readiness of FETs to Implement Learnerships The Further Education and Training Colleges are  not  completely  ready  for the implementation of learnership, due to the  lack  of  infrastructure  and colleges had no leverage to offer learnership due to the Act.  A  number  of colleges have already completed pilot learnerships successfully  or  are  in the process of doing  so.  It  should  be  emphasized  that  FETs  have  the expertise to successfully implement learnerships programmes.

1. WESTERN FET COLLEGE

On the 18 August 2005, the delegation visited the Western College for Further Education and Training. The delegation proceeded to Lanseria. At Lanseria the delegation was welcomed by the Chief Executive Officer of Western FET College, Mr Louis and later joined by the Provincial Head of Department of Gauteng, Mr Mallele Petje. He reported that he was given the responsibility to develop a Provincial Human Resource Development Strategy, whose main objective is to map the positioning of the FET Colleges and spearheading the learnership programme as a priority.

The Executive Officer of Aerospace Chamber, Mr Johan de Beer, reported to the delegation that he approached Western College and said that the chamber in its mission and vision are planning to train black learners to become commercial pilots. Western College took the initiative and identified five (5) black students. One out of those five students, namely, Mr William Modiroa, briefed members of the delegation on his successes at the gliding school. He informed the delegation that he obtained his private pilot licence (PPL) and has got into power flying. He is busy finishing his commercial pilot licence. Upon finishing, he wants to fly South African Airways. His long-term vision is to become an instructor and open his own air school where he could train less fortunate students.

7.  THE MAGALIES GLIDING SCHOOL

The delegation visited the Magalies Gliding Club and was welcomed by the Chairperson of the club, Mr C Danturn. The delegation was briefed as to how to become a member of the club and how the club works and how to get a glider out of a hangar. To be able to get a glider out of a hangar there must be a minimum of three persons. One person holds onto the wing tip, one would push on the glider and the third will lift the tail or push on the nose. At the glider club, there were fifteen students who are club members. What is a glider? A glider is a sailplane, or glider as they are known, which is an engineless aircraft, using gravity as its source of power. A glider has all the same control surfaces (ailerons, elevator, rudder, flaps, spoilers/airbrakes) and similar instruments to those of a conventionally powered aircraft. Some Members of the delegation were taken for a ride to test the power of gliding.

8.  CAROL SHAW REHABILITATION CENTRE

The Executive Director, Rev Tsietsi Zacharia Motaung, welcomed the delegation. He reported that the Minister of Social Development supported the Centre.

He gave a brief background of the centre. In 2002 the centre entered into partnership with Western College, Randfontein Campus, and offered skills development programmes to recovering alcohol and drug addicts and HIV/AIDS clients. A farm was bought in Brandvlei where they started vegetable farming with the assistance of the Israeli Embassy Consulate.

The centre has identified two learners to participate in the Western College agricultural farming learnership programme. They would also share with other learners their experiences of drug and alcohol abuse and the consequences thereof. They reported that the Centre had assisted them to refrain from their abusive indulgence and are in the process of rehabilitation and had found salvation in God.

4.9 ZAMANI/ZIBO COMMUNITY PROJECT AND PEACE HAVEN

The delegation visited Zibo Enterprise. Zibo Enterprise was formed from the merger of the Zamani, Itireleng, Bona Lesedi and Omana Bencubeko Organisations (Zibo). The organisations co-ordinated self-help projects in Bekkersdal, near Westonaria in which women made candles, beadwork, dresses, disposable napkins, paintings and Vaseline.

The Co-ordinator of the project, Ms Annamarie Botes reported that the success of the project could be attributed to hard work, sacrifice and commitment. The merger came after three years of life-skills training, compiling of budgets, management restructuring and strategic planning. The project currently employs 50 women but the number of fulltime employees is expected to reach 150 by the end of the year.

The noted challenges facing Zibo organisation is the lack of networking. They want the Provincial Department and college to assist them with marketing and networking in order for them to sustain the project and would like the college to assist them to obtain SETA accreditation status.

1. REPORT ON VISIT TO SOUTH WEST GAUTENG COLLEGE

On 19 August 2005, the delegation visited South West Gauteng College. The Chief Executive Officer of Molapo Campus, Mr Dan L Nkosi and members of the College Council, welcomed the delegation.

1. Brief Overview of South West Gauteng College

The CEO of Molapo Campus presented a brief overview of the South West Gauteng College. The salient points he outlined were inter alia: • Mission and vision; Organogram; Campuses; expansion of Campus spread; College snippets; Strategic objectives 2004-2005; Niche areas; • Re-capitalization proposal; Partnerships and linkages and on merger challenges and strides

 1. Tour of Molapo Campus

The Campus Manager, Mr Motlhatlhedi, took the delegation around to inspect the three workshops. The workshops toured were the electrical, carpentry and plumbing workshops. The Campus Manager informed members that the three workshops were SETA Accredited. The delegation left for George Tabor Campus.

 2. George Tabor Campus At George Tabor, the Campus Manager, Mr I Coetzer, welcomed the  delegation. Mr Coetzer said that George Tabor is one  of  the  five  Campuses  providing basic skills, learnership and arts. The  delegation  was  taken  around  the Campus, inspecting one workshop and three classes. The workshop and  classes toured were: panel-beating workshop, pottery classes, clothing  classes  and art classes. The delegation departed for Roodepoort Campus.

 3. Roodepoort Campus

At Roodepoort Campus, the Campus Manager, Ms Richardson, welcomed the delegation. Due to the enormous layout of the Campus, the delegation was divided into two groups. a) Group 1: Inspected: Hair-care; Hospitality, Catering and Tourism b) Group 2: Inspected: Cosmetology; IT Workshop; Pro-metric centre and Educare c) Group 1&2: Touring: Student services office; Resource centre and drop off zone

 4. Meeting in Gazelle, Roodepoort Campus

The meeting on the Roodepoort Campus was a meeting set aside for the MEC, Principals, Gauteng Department of Education officials and members of the delegation. It was a follow-up to a meeting with the Chief Executive Officer concerning the status of the signing of the Memorandum of Understanding with Sector Education and Training Authorities.

The brief report on the status of the signing of the Memorandum of Understanding reads that in July 2005, Umalusi appointed a Task Team consisting of representatives of different Provincial Education Departments to work on the generic MOU for all SETAs. The key focus of the MOU was that the Further Education and Training Colleges should be considered as a preferred provider for SETA accredited programmes that would be responsive to the Expanded Public Works program targeting both ABET and the FET Level 2-4 program.

The MEC was unable to attend the meeting, and the Provincial Departmental Officials were requested to take up the matter with the MEC and report back to the Chief Executive Officers. The MEC was requested to make available the copy of the report to the Committee Secretary for the benefit of the Committee.

1. REPORT ON VISIT TO THE EASTERN CAPE PROVINCE

6.1 BUFFALO CITY COLLEGE

• The Merger Process The Buffalo City College was officially established in 2002 out of a  merger between East London College, John Knox Bokwe College  and  Border  Technical College. It comprises four Campuses, namely East  London  Campus;  St  Marks Campus; John Knox Bokwe Campus and  King  Street  Campus.  The  College  has three residences and an Admin Centre. Buffalo  City  College.  Its  students intake for 2004 exceeded 9 000 and out of which 2 619 are  FTEs  (Full  Time Equivalents).

• Governance and Management This structure was established in accordance  with  the  provisions  of  the Further Education Training Act of 1998.

Management indicated that the members of staff are willing to work with government towards the college’s vision. The management of this college ensures that the needs of the community and those of the students are met. In terms of the college council and how it was established, the delegation learnt that a consultative process was followed, and a range of external and internal stakeholders is represented in it.

• Student Governance It was reported that students have a well-managed SRC,  and  although  there are successes  in  their  activities  there  are  also  some  challenges  in relation to how the institution is run  and  how  the  students  lead  their lives on the Campus. The SRC is gender-balanced, and they regularly hold meetings on the Campus.

• Curriculum Both Full-time and part-time courses are offered in Art &  Design,  Business and   Utilities,   Engineering,   electrical,   robotics,   mechanical   and electronics. The Business Skills  Centre  offers  part-time  courses  geared towards skills training, retraining and enrichment.

• Student Support Services There is learnership development in the region and  King  Street  Campus  is currently working with SETA and companies such as  DCSA,  Summerpride  Foods and a number of local retail organizations on learnership projects.

• Funding The college receives funding from: Amatole District Council, Buffalo City Municipality, Centre for  Information Migration (CIM), Daimler Chrysler, First  National  Bank,  German  Technical Corporation, The Government of Lower Saxony, Germany and ROC Leiden and  the Municipality of Leiden
• Staffing The staff component is 253 made up of 147 Educators, 60 Admin staff  and  48 General Assistants.

• Accesses and Participation There  is  an  increased  access  for  all  the  learners   from   different background. Students  are  able  to  access  the  college  with  ease;  this includes students studying both part-time and full-time.

 • Readiness for Recapitalization The college was almost ready to meet the deadline  on  the  plan.  The  plan will be available once finalised.

• Achievements The student enrolment has grown in greater number over the past  few  years. There is greater emphasis on automotive engineering and  generic  management and entrepreneurial skills. This has increased potential student chances  of placement in gainful employment in the city and the surroundings.

6.2 LOVEDALE FET COLLEGE

• Merger Process The impact of the merger proved to be an important step  towards  the  right direction in this college. A new structure in which major  stakeholders  and role-players have to work hand in hand was established.  This  structure  is called SAFTECH.

• Governance and Management This structure  is  established  in  principle  to  provide  management  and governance in all matters that contribute  to  the  smooth  running  of  the college.

The college council provides the overall governance of the institution and by a date or dates in the manner determined by the executive council. When it comes to responding to urgent matters, it takes a while for government to respond, and this leads to frustration on the side of both staff and the students. The delays in appointment of senior managers are a challenge. It is three years now since the CEOs have signed the performance management – and as they only come at the end of the third year, this affects delivery, outcomes and outputs. These delays lead to a negative impact on other issues such as budgetary programmes. The department gives a specific budget verbally, and it only comes in months later, and does not talk to the programmes that have been put in place.

• Student Governance There is an SRC, which administers its own budget. The SRC  keeps  a  record of expenditure, and it submits the financial report for the period  of  term of office within three weeks, after the end of the period  to  the  CEO  and the College Executive Council.

• Curriculum The  following  learning  fields  are  offered:  Arts,   Business   Studies, Engineering, Utility Studies, Agriculture, Fine Arts and Music The  most  common  learnerships  are  Wholesale  and  Retail   and   Primary Agricultural Education and Training Authority (PAETA)

• Student Support Service There is a Department of Learner Affairs Support  that  facilitates  in  the running of the election of  the  SRC.  The  College’s  Learner  Affairs  and Support Department and the SRC hold capacity-building  workshops  and  other meetings. This department also runs workshops on HIV/AIDS awareness. Alexander Forbes Computer  Centre  was  also  launched.  There  is  a  fully fledged learnership Programme and Skills Unit.

• Funding The college is also state-aided. Subsidy schemes do exist. The college  also derives its funds from the student fees and from other partnerships such  as government programmes like Setas.

• Staffing Critical management and support staff vacancies were not filled up to  2004.  Twenty-four college council short contract posts were  filled  and  six  N6 experimental trainees were appointed in an effort  to  undergo  experimental training in different careers. Five years down the line, there  is  still  a delay in appointments of  staff.  Lectures  need  to  be  assured  of  their appointments in  time.  Staff  development  normally  takes  place  in  this college. This is done to increase the capacity in the staff’s skills.

 • Access and Participation The  training  and  participation  of   educators   in   business   teaching contributes to regular attendance by learners, since  they  feel  motivated. As a result, the numbers of students  accessing  the  college  continued  to rise.

• Readiness for Recapitalization The college is ready for the programme, and it has submitted all  the  plans to  the  department.  There  were  no  reports  of  any  serious  challenges regarding what was expected of them in order to fulfil the  recapitalization plan. The recapitalization plan was adopted to address  the  infrastructural challenges of the Campus, re-skilling and redirection of programmes.

• Partnerships Business and industry have close ties with the  college.   The  college  has ties  with  Scotland;  Daimler  Chrysler  South  Africa;  Amathole  District Municipality; Uluntu Skills Development Centre and Fabkomp PTY (LTD).

The budget is not aligned to the programme. The understanding of the college is that although government or the department is still to implement, it proactively does something to ensure that there is a difference in terms of the lives of the people. The department does not give any bursaries to the institution. The reading materials are outdated and irrelevant, and need to be updated.

1. Challenges

The placement programme also has challenges, particularly with what would happen if the college could be sued. It was reported that the Ministry is taking too long to take decisions around the budget issues and employment. Reference was made on the Teacher Policy Guideline document, which also has some difficulties.

The budget is not aligned to the programme. The understanding of the college is that although government or the department is still to implement, it proactively does something to ensure that there is a difference in terms of the lives of the people. It was indicated that the department does not give any bursary to the institution. Concern was also raised that the reading materials are outdated and irrelevant, and needs to be updated.

6.3 KING HINTSA FET COLLEGE

• Merger Process The rural and poor communities were identified. The merger process  affected other areas of the college activities such  as  the  resources,  which  were supposed to be put together in order to improve the quality of education.

• Governance and Management A permanent college council is in place. The  council  meeting  takes  place four times a year except extra  ordinary  meetings.  They  are  trained  and capacitated  on  various  governing  matters.  Policy   issues   are   being addressed.

Council committees are in place and they do regularly meet once a month and discuss issues for council approval. Management and administration meet once a month; senior managers meet once a fortnight.

The Strategic Plan of the college is used and it is implemented fully. Management submits progress reports to the Department and Campus reports are forwarded to the CEOs office via the Senior Manager Education and Training Services. The CEO and the Chief Directorate are closely monitoring an operational Plan/Work Plan. The College Council with the CEO monitors partnership and Governance issues.

• Student Governance An SRC does exist, however, it is faced with the following challenges: The lack of financial support for disadvantaged students. The students  feel that the attendance is poor because the transport system  is  not  reliable. Another concern is that the shortage of staff is impacting on  their  school activities.

• Curriculum This college offers the following programmes: The existing niche areas, levels, learnerships and skills programmes  exist. It is proposed that the following should be accredited in the  near  future: Civil Engineering, Agriculture, and Business Studies.

Furthermore, the college is responding to the training needs of the students, and this is done in partnership with the Setas. There is, however, a lack of relevant training equipment.

• Student Support Services The college has a support service,  particularly  on  matters  dealing  with HIV/AIDS. This is so because the college  saw  the  need  of  combating  the problem as it was beginning to spread. The management  feels  it  is  within its power to ensure that this  service  extends  from  the  college  to  the communities as well.

• Funding Funding comes from the department of education in  the  province.  There  is also on-going discussions  with  funding  institutions,  particularly  those whose core activities are in line with the programmes that  are  offered  in the college. The CEO acknowledges that the funding of  R64  million  is  not  enough  and hoped that it would be increased.

• Staffing There are few posts, which  have  not  been  filled.  There  is  a  need  to increase the number of educators.  Management  is  dealing  with  issues  of recruitment in consultation with the department.

• Access and Participation The  student  number  is  dropping,   because   the   students   come   from disadvantaged areas. Transportation is a problem, and  the  students  put  a proposal on the table, namely that the college has  to  purchase  a  bus  to assist students. It is also because of the shortage of staff that students  are  not  willing to enrol in great numbers in this college.

• Readiness for Recapitalization The college is ready, and it has  sent  the  plans  to  the  department  for evaluation.

• Partnership Business and industry, together with the  municipality  work  hand  in  hand with the college

1. Challenges

The structure of the buildings of this Campus is very old and not user- friendly. Although the provincial department supports the initiatives, it is still not being adequately addressed. The course designs are not aligned to the programmes and the available skills. Approval of building a standard college is underway. However, there is a problem, this can be attributed to the quality of equipment. Building of workshops is of primary importance. The equipment is not cheap. This equipment should be similar to that used in the building industry.

The Level of poverty of the learners’ parents, hence it is difficult to pay these fees. There are no bursaries offered by the government as with the Higher Education. The college cannot make vocational institution free. The college is situated in a rural area, and since the previous government ignored the colleges in rural areas, the recapitalization programme comes in handy in order to deal with such problems

The shortage of staff members is a serious challenge, especially for senior managers positions. It was reported that the National Department is looking into the matter. Key personnel such as financial officers need to be added for better service delivery. The fees paid by the learners are supposed to be utilised for training and equipment; however, they are used to pay staff members.

6.4 KING SABATA DALINYEBO FET COLLEGE

• The Merger process The college  comprises  the  following  Campuses:   Mthatha  Campus,  Mapuzi Campus, Engcobo Campus, Libode Campus,  Ntabozuko  Campus,  Mgazi  Campuses. The area in which the College is situated as a result of the  merger  has  a great potential for agriculture, tourism, civil engineering  and  mechanical engineering.

• Governance and management A management structure has been put in place. There are, however,  no  major challenges regarding meetings that are regularly held. The  members  of  the management hold an executive meeting four times a year.

• Student Governance The SRC exists, and was established in terms of  the  regulations  governing college’s establishment of SRCs.  The students feel  that  there  should  be funding of youth programmes and projects as a way of changing the  students’ mindsets in respect of vocationalised and technological education.

• Curriculum Courses offered include Agriculture, Tourism, Civil Engineering,  Electrical Engineering and Mechanical Engineering. The NATED Programme offers courses in: Carpentry and  Joinery,  Bricklaying, Panel  Beating,  Business  Studies,   Electrical   Engineering   and   Motor Mechanics.

• Student support services It was reported that there is very little support services for students  who have difficulties.

• Funding On government side there are very few financial  schemes  available  in  the form of bursaries.

• Staffing There is lack of support staff  employed  by  the  department,  particularly clerical staff, cleaners and general workers.

• Access and participation Learners do access the college freely. However, the numbers drop  after  the first block in a year. This is because the majority of the  students  prefer to go to colleges, which are urban-based.

• Readiness for recapitalization Despite all the problems, the  college  is  ready  for  the  programme.  The college submitted the recap plan to the department.

• Achievements There  are  good  community  programmes  and  learnership  programmes,  most particularly those driven by the Setas. These programmes target  the  youth, the disabled and women. The college assists the local  communities  in  crop farming, poultry farming and animal husbandry.

1. REPORT ON VISIT TO KWAZULU NATAL PROVINCE

2. MNAMBITI FET COLLEGE

• Merger Process The Mnambiti College is made up of  a  merger  between  Ladysmith  Technical College, the Ezakheni Technical College and the Ezakheni skills  centre.  It has six campuses and negotiations are underway to open another college.

• Governance and Management This is the  only  college  that  is  affiliated  to  the  Medical  Research Council. The Section 09 Council has been established and there is  clear  delineation of  duties  between  council  and  management.  There  are  regular  council meetings, finance meetings and academic board meetings. The rector has been appointed, and a central office has been established. The council’s view is  that  the  infrastructure  and  student’s  activities should show capability in being able to compete in today’s world.  There  is noted a gap in the middle management  despite  the  fact  that  the  council tries its best to pay other people to do the job since the merger posts  are not being filled.

• Student Governance There is one SRC, which serves all Campuses.  The  SRC  is  gender-balanced; there are three female and two male students. The  noted  challenge  is  the trimester  programme,  which  affects  continuity.  A  healthy  relationship between SRC and management exists.

• Curriculum Apart from the core business of the college, the  business  studies  of  the college, engineering studies, hospitality and catering courses exist. The Mnambiti College is the only college in South  Africa  that  offers  the national senior certificate in health and community care. The aim of this course is to:    a) Achieve a senior certificate in a specialized field, especially  those
  who want to pursue a career  in  the  health  services,  e.g.  medical
  assistants, paramedics, ambulance services, first aid and nursing    b) Cater for those who cannot afford to go to universities and  thus  the
  course serves as a stepping-stone into nursing school. It  also  gives
  an  opportunity  for  those  who  are  not  so  good  at  science  and
  mathematics to become qualified in the medical field.

The Mnambiti FET College is the only FET College in the country with a nursing school affiliated to it, which is registered with the South African Nursing Council.

The college provides education and training programmes to the unemployed and underqualified people by offering various community projects such as Project Rave under the auspices of the wholesale and Retail SETA – these are business start-ups and business improvement programmes.

It also offers early childhood development that is unique in terms of its target market. The college trains unemployed, disadvantaged women from the rural areas who are running informal crèches for children orphaned by HIV/AIDS. The programme empowers women to become caregivers with critical skills such as counselling traumatized children, managing crèches and later become trainers of trainers.

• The Student Support Services The college has an excellent student support structure that is headed  by  a qualified psychometricist, who is registered with  the  Health  Professional Council  of  South  Africa.  The  students  receive   academic,   financial, psychological and career counselling.

• Funding The College is funded from State subsidies,  student  fees  including  funds from partnership with SETA and Provincial Recapitalization.

• Staffing Due to the extensive and  intensive  campaign,  the  college  experienced  a surge in student numbers  (growing  by  78%).  As  a  result,  there  was  a shortage of staffing; the college council  has  appointed  additional  staff members on contract basis. Out  of  the  58  CS-Educators,  30  are  council appointments on a temporary basis.

Although a Rector has been appointed, there are vacant positions at senior management level. • Access and Participation a) Out of the total enrolment of 1 483 (excluding cooperatives), there are 646 female students and 837 male students. b) There are more female students on Ladysmith Campus A (414 out of 710) compared to Ladysmith Campus BC (149 out of 337). c) Out of 35 enrolments in skills centre, there are no female participants. d) Out of 2 310 participants in the co-operatives, there are 1 458 female participants and 852 male participants. The participants rate has increased by 78%. e) The FET college is well prepared with regard to the recapitalisation plan for submission by due date.

• Partnerships Through a joint venture between the Ministry of Education and  the  Ministry of Finance and Economic Affairs, the college is able to  offer  co-operative training in order to eliminate poverty and decrease unemployment. The college has entered into partnership  with  the  wholesale  and  retail, local economic development, local government, health and welfare Setas.

• Achievements The College won the Gold Award in 2003 at the  SABC  Careers  Exhibition  in Durban. Featuring of the SABC documentary on training of  co-operatives  at  cripple care centre in Ladysmith. Having an ex-FET  student,  Brian  Lewis,  as  the guest speaker at the Annual Top  Award  Ceremony.  Brian’s  Company  is  now listed on the Johannesburg Stock Exchange.

    2. Challenges Absence of staffing norms leads to temporary  appointments,  which  in  turn causes insecurity and low morale. There are concerns about noted  delays  in the appointment of middle management. The institution is not accessible to learners due to poor  transport  system and the shortage of boarding facilities poses a challenge  in  reaching  the poorest of the poor in the deeper rural areas.

7.2 MAJUBA (Newcastle) FET COLLEGE

• Merger Process There was a successful co-ordination of five Campuses, which  had  different ethos and lecturers. There  is  a  centralized  administration  system;  the realignment of Campuses  eliminates  inefficiencies.  One  of  the  learning points was that at least niche Campuses have to be developed and there  have to be areas of specialization. The  measure  of  success  is  based  on  the following statistics, A, Pre-merger: 6000 FTEs, B, Post-merger:  9500  FTEs. Nationally, the college is recognized as a centre of excellence.


• Governance and Management The college is fully compliant with  the  FET  Act.  Its  Council  is  fully functional, and has an equitable  representation.  However,  the  management structures and levels are not yet in place. There are interim structures  in place for student support, human resources, finance and  administration  and quality assurance and programmes have been established.


  • Readiness for Recapitalization The draft five-year strategic plan of the college has  been  submitted.  Its strategy and objectives  are  aligned  with  the  provincial  strategy.  The college’s recapitalization  plans  were  submitted  to  the  province,  with emphasis on new infrastructure.

  • Access The access is limited to the Newcastle and immediate environment. There  are proposed satellites at Glencoe, Dannhauser and Osizweni.  The  College  does not have hostels  and  this  impacts  on  accessibility  for  learners.  The colleges  attract  the  school  leavers,  matriculants,  unemployed,   ABET, retrenched,  and  niche  employment  opportunities.  The  tuition  fees  are reported to be the lowest in the country, currently  standing  at  R500  per trimester. It offers three outreach programmes.

     • Funding The available funding for tuition fees and from the education. In  addition, there is also funding for US-based skills programmes  and  learnership.  All learning materials are developed and  funded  internally.  The  FET  College would prefer to receive more funding for engineering-based learnerships.
     • Curriculum The curriculum is predominantly based on Nated programmes.  There  are  also artisan  training  supplementary  traditional  N-courses  –   NTC   attracts trainees  from  South  Africa  and  neighbouring  states.  The   Learnership programmes are for NQF Levels 1-4.


  • Skills Programmes The ABET learneship is offered in partnership with the relevant  industries.  They cover areas for niche areas such as  refractoriness,  engineering  and manufacturing, textiles, catering and hotel management and hairdressing.


• Staff Issues The college has a strict plan for capacitating staff  members.  There  is  a need for expertise on new programmes. They have been trained  on  curriculum transformation.  There  are  no  permanent  staff   members   for   critical positions. The college offers the poorest of the poor an access to  college. The concern though is some staff members are appointed as  temporary  staff, and their salary scales are not the same. This creates  a  lot  of  problems amongst staff members. There was concern raised that the funding for the  strategic  plans  of  the college is not transparent.

The experts have failed to come up with the policy to fulfil the expectations. The College does not have job descriptions or duty statements, which guide the employment of staff. There are only draft policy documents and these have not been finalized.

7.2.1 Achievements

• The college has established and  introduced  the  training  programme,
  which has motivated and developed Majuba staff. At least  90%  of  the
  staff members have been trained on Outcomes-based Education (OBE).
• Staff has now set up  new  targets  with  regard  to  the  learnership
  programmes
• There is a healthy spread of assessor and moderator training in  which
  skills development is the key. This will ensure that NATED courses are
  phased out as well.
• Community outreach programmes have increased with the introduction  of
  Projet RAVE.
• The acquisition of a new  college  vehicle  has  added  value  in  the
  college’s daily operations.

7.2.2 Challenges

• Student support services in relation to subsidy  and  bursary  funding
  needs an improvement.
• College management seem to have communication problem since there  are
  no formal policies  and  procedures  on  meeting  staff  requests  and
  demands. For instance, the College Equity Plan and the  Funding  Plans
  have not been thoroughly discussed with the staff.
• IT infrastructure is sadly lacking  on  some  Campuses,  because  some
  members do not even have access to the E-mails and internet.
• Employment creation is still problematic since most staff members  are
  on contract, hence insufficient number of permanent staff.

7.3 UMBUMBULU FET COLLEGE

• Merger process The former Durban Technical College,  Swinton  Road  Technical  College  and Umlazi Technical College. It was reported  that  the  process  was  followed smoothly, without any notable problems.
• Governance and Management Council and management structures exist. Management has a  plan  stipulating that programmes should align themselves with skills  development.  Community issues are dealt with at council level as well.  Funding model  and  bursary issues are being revisited  in  order  to  assist  the  students.  Personnel department is in the process of  being  skilled  on  the  national  staffing laws. Information management system is in order.

• Student governance There are student exchange programmes, which  ensure  world-class  standards in diverse areas. The SRC is  proud  of  the  college  and  management.  The students are also very settled.

• Curriculum There is a mixture of programmes, from the existing niche areas and  levels, learnerships, skills programmes, training partnership and NATED programmes.

• Student Support Services The municipality is helpful enough in  terms  of  offering  the  support  on issues around health and agriculture. Some departments such  as  Health  and Arts do offer some advice together with the community people.

• Funding The college-based student funding offers bursaries to the needy students. There are some projects that are  funded  by  SETA.  These  projects  assist students with their tuition fees and other learner-based requirements.

• Staff issues Equity has been addressed; but there is no uniform appointment of staff  and benefits. The entry level is still  problematic  because  the  students  are still being graded with school grades.


• Access and Participation The college is well known for catering for adult  learners,  unemployed  and employed by the local industry. There is growth in the student numbers,  and the residence offers ample opportunities for students to  be  well  prepared for further education


• Readiness for recapitalization The college is geared for the recapitalization process and is  part  of  all the planning required.

 1. Challenges and highlights

a) Staffing norms to be fast tracked. b) Funding norms of the FET. c) Achievement of equity targets at all levels. d) Interdepartmental partnerships and collaborative arrangements. e) Redressing the resources and other imbalances of apartheid.

7.4 ESAYADI FET COLLEGE

• The Merger Process The Esayadi College is a result of a merger between the Port  Shepstone  and Enyenyezi Technical Colleges together with six Skills Centres. This  process proceeded well and the stakeholders involved appreciated the developments.

• Governance and Management The college is in compliance with the FET Act of 1999. The  strategic  plans are fully understood, and they are broken down into key  performance  areas, which form part of the business plan. There are plans being considered for the training  of  Council  Members  and all layers of management between 2006-2008  effectively.  They  will  engage the national department as well.

• Students Governance An SRC is well constituted, and it is also gender-based. The  duty  of  this body is to form a link between management and student body.

• Staffing The staff members are highly professional, and members function as  a  team. The College places emphasis on empowerment of women and on gender equality. There is also a focus on ground level training,  and  career  guidance  with reference to defined career paths. This is considered as  the  best  options the college has chosen. The Teacher’s Union SADTU  has  noted  the  changes, however, the organization is still concerned about the problem of  temporary teachers.

• Access and Participation The college accommodates students  from  all  racial  groups,  who  have  no challenges in  accessing  the  institution.  It  reported  that  by  end  of December 2004, the student intake had increased to 9 542.
• Partnerships Some institutions do assist in the awarding of  bursaries  (Edwala  company, and Ziphakamise partnership).  They  help  with  marketing;  local  district education offices, local municipalities, market museum.

TSHINTSHA Project; Dynasty Trust partnership Correctional services – partners, Department of Health Community projects: crèche, Artistic Arts Department

The municipality is also involved through the Agritourism programme, which is funded by the European Union (EU Programme).

• Readiness for Recapitalization The college is  ready  to  meet  the  deadline  and  the  documentation  for recapitilization is available.
• Curriculum The college assured the delegates that its programme  would  remain  demand- driven. Currently, the college  offers  programmes,  which  address  issues, which are top priority of the government agenda. These are  issues  such  as Aids,  Unemployment,  Crime,  Poverty  Alleviation,  Women,  Disability  and Youth.

Most lecturers and facilitators have received Assessor Training. Moderator Training has been given to Assessors that have Learnerships on their Campuses.

Most of the staff members have been trained on OBE. One staff member from the College had been sent overseas for further training on RPL. There are processes for the accreditation for all courses, offered in the institution. Currently, Merseta, Fieta, Construction and Services SETAs offer accreditation to the College.

The following skills are being offered: Computer Literacy, Business Management, Mechanics, Spray Painting, Arts and Crafts, Sewing and Upholstery, Electrical appliances, Catering training, Bricklaying

• Student support services The college is making a number of  initiatives  to  enhance  the  throughput rate. A number  of  industries  and  businesses  have  been  contacted.  The students are also regularly  informed  about  the  HIV/AIDS  programmes  and initiatives.

1. Achievements and highlights

The Chief Director indicated that the provincial chamber has concluded that all 252 peer temporary teachers who have been with the institution for more than a year are being absorbed. • There is planned retraining to capacitate the staff members. • The Infrastructure and Recap plans are focused on equity and redress. • The Rector was congratulated for the job well done. • The student enrolment is also appropriately in line with the demand of the community around. • The challenge that some students have short courses should be resolved. • The institution needs funding to address the outstanding issues.

7.5 UMGUNGUNDLOVU FET COLLEGE

• The Merger process The genesis of this college  lies  in  the  merger  between  five  technical colleges,  namely  Edendale,  Plessislaer,  Msunduzi,   KZN   Midlands   and Northdale in 2002. Each one of the colleges that came into the merger brought  a  rich  history that added to the tapestry that is in the new institution. The college concedes that the following circumstances existed in 2002:    a) A newly merged institution    b) Divided, fearful and nervous personnel    c) Five separate cultures and ``ways of doing things’’    d) Five separate financial systems    e) A NATED-focused curriculum    f) Differing curriculum practices    g) Differing operational practices    h) Despite all these conditions, which impacted  on  the  morale  of  the
  students and staff, there are also tremendous achievements.

• Governance and management Not all management posts have been filled.  The  Executive  committee  meets every time to discuss problems and challenges facing the colleges. Portfolio managers have been identified and  so  were  college  managers  in order for them to run the different Campuses. It is also easy to  run  these colleges because there is  a  central  office  which  houses  the  executive management. Regular workshops and meetings are held in order  to  deal  with  issues  of policy and management. In particular, there are sessions,  which  look  into the legislation governing colleges, and there is  greater  awareness  around this issue.

• Student Governance An SRC exists, and it is helpful in the times of crises  and  also  forms  a link between the student body, management and  the  society  at  large.  The Students Representative Council is elected after immense  consultation.  All portfolios are gender equity-based. The policy was that if the  student  has failed,  he/she  cannot  continue  with  the  portfolio.  The  SRC  is  also represented in the council meeting, and  it  forms  an  integral  part  with regard to communication mechanisms. Extensive workshops are held in  which  clear  policies  regarding  all  the operations are dealt with.

• Curriculum There are generic courses that are  crucially  pertinent  to  the  community needs. The following are the NATED and training provision  areas:  Full-time and distance learning: Business studies, Engineering, NQF  provision:  These are assessor-training programmes from the ETDP SETA. The Research Unit has also been established in order to  enhance  curriculum development.

• Partnerships Relevant partners signing Memorandum of Understanding( MOUs) add  value.  It is important to share our own moral values.  The  college  directly  engages with the business sector. The Action Plan, which was instituted,  led  to  a number of developments in the college. ITHALA Funds are also used in the training  of  co-operatives,  particularly for women construction workers. There are also  training  partners  such  as SAPS,  Unifoods,  Escom,  Natalia,  Nestle,  Aberdare  Cables,  Black  Eagle Engineering, Ben Booysens and the Department of Nursing.

• Staffing Communication is a problem between department,  management  and  staff.  The union comes to staff first before the  college  tells  them  the  media  has information that many stakeholders do not have  post  structure  for  senior management and is a problem, since some people are not  applying  for  these posts because they already earn more  than  what  they  are  being  offered. Union representation in interviews is relevant and important. The  FET  band needs a perception change. A national initiative is needed.

• Access and Participation The number of learner numbers have increased post  merger,  largely  because of the following:  Specialization; Training of cooperatives;  Increased  NQF provision   Increased   skills   provision;   Increased   marketing   drive, Development of skills centres. There is greater access for  ELSEN  learners, and the directorate has greater access as well.


• Readiness on Recapitalization The college’s  recapitalisation  plan  has  been  submitted.  There  is  co- operation  between  the  different  portfolios  in   line   with   strategic operational plans within the colleges.

• Funding The  college  receives  funding  from  the  following  sources:  FTEs,   NQF provision, Hiring of venues, Sponsors and Learner fees.

7.5.1 Key Challenges

Maths, Science and Languages are big problem in the learner’s achievement goals. Most importantly, there is a problem of a total college buy-in. Some people do not see the relevance of NQF provision.

There is need for a lot of infrastructure upgrading, especially for accreditation purposes. Recruitment is still a problem. The challenge is that the funding model being used does not encourage the provision of non- NATED programmes. This problem hinders growth in relevant provision areas.

7.6 ESAYINDI FET COLLEGE

• The Merger Process The  chairperson  of  the  council,  Mr  Denmnis  Narsimuli,  addressed  the delegation.  He informed  the  delegation  that  the  provincial  department indicated that in  terms  of  the  FET  Act  of  1998,  the  Port  Shepstone Technical College and Enyenyezi Technical Colleges  and  its  skill  centres had to merge to form an institution. Eventually Esayidi came into  being  in 2002. The council was appointed by the MEC for Education in 2003.

• Governance and Management The governing  council  of  the  Esayidi  FET  College  abides  by  all  its requirements in terms of the Acts of Parliament governing colleges.

The rector and the team of acting deputies manage the college in the absence of permanent deputies, and this creates many challenges for the council and the rector.

• Staffing Currently, the college is functioning on the 2002  provisioning  norms.  The MEC of Education, Mrs Ina Cronje released permanent posts, but  appointments are still being awaited. The problem is that the situation creates a lot  of anxiety amongst temporary staff members.

• Curriculum The college offers a wide range of  programmes,  including  Engineering  and Business Studies. Skills Programmes relevant to the  local  environment  and SETA-accredited learnership are  offered.  ABET  and  Numeracy  classes  are offered too. The college also has the following facilities, which we had  an  opportunity to view: computer  laboratories;  travel  and  tourism  centre,  hospitality training kitchen; woodwork workshops and Exhibition Halls.

•  Recapitalization The National Minister of Education allocated funding for this  process.  The college embraces the Batho Pele principle, and is ready for the process.

7. SIVANANDA FET COLLEGE

• The Merger Process Sivananda College  arose  out  of  the  merger  of  five  Campuses,  namely, KwaMashu, Mpumalanga, Ntuzuma, Pinetown and Qadi. The merger represented a dynamic transition from an  independent  Campus  to an institution with a common purpose.

• Governance and Management Sivananda College has had a  section  of  college  council  in  place  since February  2002.  The  council  consists  of  12   business   and   community representatives and 10 internal members  (Campus  manager,  Academic  Senate Representative,   Academic   Staff   representative,   non-academic    staff representative and student representative). The council had further been divided into  the  committee  and  an  academic board.  It focuses mainly on governance and maintenance. Operational  issues are left  to  management  to  deal  with.  Sivananda  College  is  currently updating all policies and procedures to eight main portfolios. To  date,  64 have been developed within the  scope  of  financial  Management  and  Human Resources.

The College Institutional Management Team (IMI) consists of Campus and unit managers and focuses mainly on dealing with policy and general guidelines. Each Campus has its own Campus Management Team (CMT) that is responsible for handling operational matters. They meet on a weekly basis. To ensure low cost implications, the college is on e-mail. This also ensures that important communication documents, decisions are received in written format.

• Student Governance The college has one SRC representing all Campuses. The SRC chairperson attends the college council meeting and provides feedback on student matters. The chairperson of the SRC raised the concern that Campuses do not share similar facilities, these facilities include: proper study facilities, media centre, student centre, psychological services, sporting facilities, financial assistance and basic health care.

• Curriculum Curriculum  has  been  developed  to  suit  the  needs   of   industry   and communities. Programmes offered are currently being aligned to the  National Qualifications Framework (NQF). Preferred overall college courses in niche areas informed by needs  analysis are hospitality and tourism, organic farming,  entrepreneurship  development and construction skills.

Niche areas per Campus: • Mpumalanga: Farming, Entrepreneurship development, Construction Skills, ABET • Ntuzuma: Skills (plumbing, electrical, computers, bricklaying, motor mechanic), ABET • Pinetown: Hospitality and Tourism, New Venture Creation, Insurance and Banking, Seta courses, ABET. • Qadi: Dress and Garment Making, plumbing, construction, ABET • Currently, the college has the following learnership actively running with the college: The New Venture Creation Learnership (NQF4) furnishes the learners with the skills to establish and run effective businesses. The Wholesale and Retail Generalist Learnership (NQF2) prepares learners in the service structures, administration and finance of the retail industry.

Student Support Services: There are no dedicated student support structures. • Funding The College is funded by transfer payments from the Department as well as student fees. Its budgeting process is done on a cost centre basis. For example the central office has an operational budget where operational expenses are centralized. A standard template is utilized throughout the college. Another source is from Education and Skills Development (SESD) programme. This has contributed in the establishment units, like: curriculum, partnerships and linkages, marketing and communication and human resources. Various projects have also been funded through SESD, such as organic farming, engineering. Studies as well as computers with PLATO and HIV/AIDS software for all Campuses.

• Staffing Of the 82 college  staff,  22  are  temporary  appointment  and  14  council appointments. The second level of management was in  the  process  of  being appointed.
• Access and Participation Out of a total of 1 806 there are only 582 female learners as opposed  to  1 224 male learners. Out of the total of  614  engineering  learners  123  are female learners as opposed to 491 male learners.

• Readiness for Recapitalization A project manager for recapitalization programme  has  been  appointed.  The Sivananda college strategic plan  has  been  updated  up  to  2008  and  the proposed  college  recapitalization  plan  has   been   submitted   to   the Department. The college central office has a dedicated financial  department to  successfully  manage  all  financial  aspects  of  the  recapitalization programme. The college procument policies are  in  line  with  the  relevant legislation.

• Partnerships The dynamic partnership formed between Sivananda College  and  Technisa  has allowed for the college to be announced as the  preferred  service  provider in  the  KwaZulu-Natal  region.  All  distance  education   programmes   are available from Technisa. Support  is  also  received  from  Umsobomvu  Youth Fund, Thetha and Ethekwini Municipalities

7.7.1 Highlights and Achievements

• The Umsobomvu Youth Fund provides  funding  to  New  Venture  Creation
  learners for their business ventures.
• The first merged Diploma and Award Ceremony for Sivananda College  was
  held on 19 May 2005. The ceremony was for Diploma students  that  have
  met the requirements for the Diploma in various levels during 2004.
•  The  first  group  of  organic  farming   students   received   their
  certificates  for  the  NQF  courses  that  they  have  completed   at
  Mpumalanga Campus. This  ceremony  was  held  on  25  April  2005  and
  attended by the MEC of Education, Mrs I Cronje.


2. Key Challenges

The main challenge for the College is accreditation of courses offered by various Sector Education and Training Authorities (Setas). The accreditation will enable the college to offer more NQF-based programmes for vocational-oriented training that is responsive to industry.

Also there is a need to employ staff members that have relevant industry experience, for example in organic farming to enable the college to effectively respond to these needs.

1. RECOMMENDATIONS

8.1 Financial Support

Considering that FET Colleges are also confronted with the constraint of significant deficiency in funding for learner support centres, the Committee recommends that the Department of Education should consider other forms of sources of funding such as financial aid schemes for learners and college students.

8.2 Learner Support Services

The Committee has observed that some of the FET Campuses are situated far away from residential areas, thus making it difficult for learners to reach the institutions of learning due to lack of transport in these areas, particularly in rural areas. It is therefore recommended that the Department of Education should collaborate in its efforts with the Departments of Public Works and Transport in ensuring that FET Colleges are accessible for effective learning to take place. An integrated approach to the challenge of the lack of effective transport system would facilitate the attainment of a sustainable solution to the problem.

Moreover, some of the FET Colleges do not have relevant teaching equipment suitable for the realisation of effective learning. Learning under such conditions is an impediment to acquiring good practical skills. It is recommended that all FET Colleges should be equipped with good infrastructure and sophisticated equipment if the objectives of providing learners with meaningful knowledge and skills that will empower them to take part fully in the economic, political and cultural life of the country is to be realised. Furthermore, the Department, in partnership with the business sector in the respective provinces should consider developing systems to ensure that the infrastructure and equipment in FET Colleges are rehabilitated and refurbished. It is hoped that the recapitalisation programme will soon address this problem.

8.3 Human Resources

8.3.1 Support Staff

The Committee has noted that FET Colleges do not have staffing norms and guidelines for appointment of temporary staff. Most of the visited Colleges have an insufficient number of permanent staff because of the temporary or contract nature of the employment status of most of the staff. This state of affairs creates an environment of insecurity among staff members, which gives rise to high staff turnover in pursuit of better career opportunities externally in other organisations. This impacts adversely on the institutions with regard to the shortage of educators. The Committee recommends that there should be measures in place that seek to address the challenges educators at these FET Colleges are confronting. In order for the FET Colleges to function effectively, the Committee recommends that suitably qualified people should fill both academic and administrative vacant posts, with immediate effect.

8.3.2 Management Staff

The Committee has noted delays in the appointment of staff in management positions. These positions remain vacant due to management structures and posts grades or levels that are not yet in place. The moratorium on the appointment of management staff partly contributes to high turnover of educators. Consequently, there is absence of permanent staff in critical positions. The Committee recommends that the existing moratorium on senior positions should be lifted and the development of clear procedures for appointment is considered. It is further recommended that the National Guidelines should be standardised and the roles and responsibilities in the FET Landscape of College Managers be clearly defined.

8.4.3 Alignment of FET Colleges Budgets

It has been observed that the budget of Lovedale FET College is not aligned to their programmes. In this regard, the Portfolio Committee recommends that the budgets for all FET Colleges should be aligned to their programmes because National Treasury Regulations and the Public Finance Management Act (Act No. 1 of 1999) require such. The alignment of budgets to programmes has the following benefits:

• It makes it easy to monitor budgetary planning  and  expenditure,  and
  the establishment of expenditure trends or patterns.
• It will enable the Portfolio Committee to  monitor  the  alignment  of
  budgets to service delivery objectives, outputs and targets.
• It also allows for  transparency  and  the  creation  of  an  enabling
  environment for accountability.

8.4.4 Alignment of Curriculum with NQF

The National Education Document programmes are theoretical and not linked to practical work. As a result, FET Colleges offer practical work that is not accredited by the Department of Education or Umalusi because their programmes are not aligned to the National Qualifications Framework (NQF). To this end, the Committee recommends the National Education Document programmes should be aligned to the NQF, which have a practical component to assess skills. FET Colleges should be afforded the opportunity to offer NQF programmes that are responsive to the needs of the economy, which are accredited by the Sector Education and Training Authority (SETA). It is further recommended that the criteria used for accreditation should also include learner support services and relevant academic staff that would be retrained.

8.4.5 Recognition of Prior Learning

There has been a concern that prior learning has not been given serious attention in the FET Colleges, which might create the perception within surrounding communities that these institutions of learning are not providing a service that they require, which is to empower learners with skills. The Committee therefore recommends to the Department that the FET Colleges to be responsive to the needs of the community they serve. It is recommended that Recognition of Prior Learning (RPL) should be prioritised in order for members of the community to embrace the FET Colleges as their own.

8.5 Separate Working Hours for FET Colleges

The integration of technical schools into FET Colleges necessitated the offering of new courses and the appointment of lecturers and support staff on a temporary basis. While tuition in the FET Colleges is mainly practical and conducted in the workshops and partly theoretical, the working hours are the same as in FET schools. As the FET Colleges have to work at odd hours, including overtime, the current inflexible working hours are not suitable. It is recommended that special working hours for FET educators should be developed. This will facilitate the recruitment of relevant educators from industry who do not necessarily have professional training.

8.6 Management of Funds

FET Colleges utilise the funds they receive from the Department of Education in the form of subsidies for staffing and infrastructure, which is problematic because these funds are earmarked for operational purposes. The Committee suggests that it becomes critical that the Provincial Departments of Education should consider setting aside earmarked funds for the maintenance of infrastructure in the FET Colleges and that these institutions should not be funded based on the number of registrations, instead they should be funded on the production of quality programmes that focus on the economic needs of the country.

8.7 FET College Legislation

It has been observed that with regard to governance and management, there are no clear defined roles of Principals or Rectors of former Technical Colleges and that no provision is considered to encapsulate College schedules (trimesters in favour of school-oriented practices). The Committee recommends that there is a need to strike a balance between the roles of the College Council and management. As such, the Committee suggests that it is of utmost importance to have a new College-specific legislation that excludes schools, but incorporates provision of staffing.

Report to be considered.

1. Report of the Portfolio Committee on Education on Study Tour to Mali and Ghana, dated 8 March 2006:

INTRODUCTION

The Portfolio Committee on Education having undertaken a study tour to Mali and Ghana, reports as follows:

A Multi-Party delegation of five Members of the Portfolio Committee on Education visited Mali and Ghana from 15 to 22 October 2005.

On the 17-18 October 2005, the delegation visited Bamako, Mali. On the 17 October 2005, they paid a courtesy call on the South African High Commissioner, Dr Matshoma. Visited the Malian Minister of National Education; had a welcome and working meeting with the office of the Rector of the University of Bamako; visited the Faculties of Science and Technics, Languages, Literacy, Arts and Human Sciences at the university of Bamako and visited Brian Mulroney Primary School in Kati. On the 18 October 2005, the delegation visited the Nelson Mandela Primary School in Hippodrome in Bamako and the National School of Engineering. After having visited the Nelson Mandela Primary School and the National School of Engineering, the delegation was escorted by the Protocol Office to the airport in transit to Accra, Ghana and stayed in Ghana from the 18-22 October 2005.

In Ghana, Ms Nokukhanya Matshikwe, 2nd Secretary Political in the Office of the High Commissioner, led by the Protocol officials, welcomed the delegation. On the 19 October 2005, the delegation paid a courtesy call on the High Commissioner, Mr Rapu Molekane; A courtesy call on the First Deputy Speaker of Parliament, Honourable Freddie Blay MP; observed the Public Accounts Committee considering budgets of Departments, entities; paid a courtesy call on the Honourable Minister of Education and Sports, Mr Yaw Osafo- Maafo, MP; Held a meeting with Mr Ato Essuman, Chief Director, Ministry of Education and Sports and Mr Michael Nsowah, Acting Director General, Ghana Education Service. On the 20 October 2005, visited Achimoto School; Met Mr Paul Effah, Executive Secretary, National Council, Tertiary Education; Visited Acting Chief Director of Regional Co-operation and NEPAD. On the 21 October 2005, the delegation visited Winneba Secondary School and the University of Education, Winneba and held discussions with the Vice- Chancellor and Members of the University Council.

B. DELEGATION

The delegation was led by the Chairperson of the Committee, Prof Shepherd Malusi Mayatula (ANC), accompanied by Ms Puleng Rosaline Mashangoane (ANC), Mr Ben Mthembu (ANC), Mr George Gaolatlhe Boinamo (DA), Mr Alfred Mkhipeni Mpontshane (IFP) and Mr Steve Itumeleng Morometsi, Committee Secretary.

C. TERMS OF REFERENCE

The purpose of the study tour was to consult with the Ministers of Education and Sport and consult on broad plans and goals of education. Visit universities and assess their policies on access, funding, research and throughput. Visit schools and assess the school policies on free education, on exemption policies on school fees, the prevalence and impact of HIV/AIDS on educators and teacher development. The roles played with the realization of the Millennium Plan on “Education for All”. Their role in incorporating the broad framework of NEPAD in their education policies and the role of Parliamentarians in Forum of African Parliamentarians in Education.

D. FINDINGS

1. COURTESY CALL ON THE SOUTH AFRICAN HIGH COMMISSIONER TO MALI

The delegation was welcomed by the High Commissioner Dr T Matshoma. He briefed the Members and focused on the official opening of the office, trade relations between South Africa and Mali, twinning programme between Universities of Bamako and University of Pretoria and the Joint Project by South African government and Malian government on the Timbuktu manuscripts. The Embassy started in 2002 and was officially opened in 2003. In relation to trade, Mali is the third largest producer of gold in Africa after South Africa and Botswana. Anglo-Gold had entered into partnership with the Ashanti-Africa mining co-operation and they had undertaken to de-racialize the Administration, which is lily-white. To strengthen the relations between Mali and South Africa, the former Minister of Minerals and Energy, Hon P Mlambo-Ngcuka visited Mali in 2003. The Minister after having visited the mines together with the Minister of Minerals in Mali said that for South Africa to play a meaningful role in the development of mining in Mali, there was a need to attract more skilled artisans to the country. She undertook to pay more attention in that regard.

With respect to any relations between South Africa and Mali in the education sector, the High Commissioner said that there was no formal link between the two countries. However, Anglo-Gold had taken the initiative and had sent ten (10) Malian students to study mining-related courses at the University of Pretoria. He further indicated that the Embassy and the Malian government had entered into a joint mission and had identified two Malian officials who would be trained in the English language at University of Pretoria for three months to become more efficient in performing their official duties. The Embassy is considering sending South Africans to be trained in French to benefit both countries.

A significant occasion occurred when the State President of South Africa, President Thabo Mbeki, visited Mali on a state visit in November. The visit resulted in South Africa pledging to support Mali in preserving its conservation. An amount of R13, 7 million was raised. The South African and Malian Governments represented by the Minister in the Presidency, Dr Essop Pahad, and the Malian Minister of Foreign Affairs and Malians Abroad, Mr Lassana Traore, signed an agreement expressing the two countries’ commitment to undertake a government-to-government project aimed at conserving the manuscripts at the Ahmed Baba Institute and at rebuilding the library and archival infrastructure of the Institute.

The SA-Mali project has been declared an official South African Presidential Project and has been endorsed by the New Partnership for Africa’s Development (NEPAD) as its first cultural project. The delegation left for the Malian Minister of National Education.

Though the delegation had intended to visit the Timbuktu project, due to the short period spent in Mali, the distance from Bamako and the lack of regular flights, this part of the visit was left out.

1. COURTESY CALL ON MALIAN MINISTER OF NATIONAL EDUCATION, HON MR MMADOU LAMINE TRAORE

The delegation arrived at the Malian Ministry of National Education. They were welcomed by the Minister, the Hon Mr Mamadou Lamine Traore, accompanied by Ms Senegai, the Technical Advisor in the Minister’s office, Dr Kaute, the Director-General of National Education and Mr Djali, the Communication Advisor in the office of the Minister. The leader of the delegation introduced members of his team and explained the purpose of the visit.

2.1 Single Ministry of Education

The Minister briefed the delegation and provided a broad overview of the educational system in Mali. There is only one Minister of National Education in Mali. They used to have three Ministers of Education in the past, but in 2000, the three Ministries were merged into a single Ministry. The education system is divided into three categories, namely, Primary, Secondary and Tertiary. At Primary school level a learner attends school for nine years. At Secondary school level a learner attends school for three years. At Secondary school level if a learner desires to further his/her studies, at Tertiary level, he or she should have obtained the High School Diploma. In the first year of schooling learners are taught in French and as they proceeded in their second year, they are taught in English. Over a period of years, students are able to speak French and English fluently; 70% of children attended school and education is free. Due to cultural resistance, parents preferred to send boys to schools rather than girls. The reasons for that were based on socio-economic and cultural reasons.

2.2 Types of Higher Institutions of Learning

Two types of institutions exist in the higher educational system from which students have a choice to further their studies. The first is the University of Bamako and the second are the technical colleges that have Faculties of Science and Technics; Languages, Literacy, Arts and Human Sciences; Medicine, Dentistry and Law.

2.3 Prevalence of HIV/AIDS

The prevalence of HIV/AIDS pandemic in schools is not as high as the rate of HIV/AIDS in the country as compared to the Southern African Development Communities. There are educational programs in place to address the effects of the virus.

2.4 Free Education

University education in Mali is free for Malian citizens. Students who obtained best results are provided with a government scholarship. The 100% scholarship covers tuition, accommodation and books. A full scholarship amounts to 26 500 cfa per month for nine months. Each student is given 38 000 cfa once a year and this is the highest that the government offers. Regardless of the student results when registering for the first time, the government allocates an amount of 5 000 cfa for registration. Bamako University has been given a budget of 4 billion cfa.

1. WELCOME AND WORKING MEETING AT THE OFFICE OF THE RECTOR OF UNIVERSITY OF BAMAKO

The delegation was welcomed by the Rector of the university, Ms Siby Ginette Bellegarde, accompanied by members of the university Council. The Rector briefed members and focused on the tuition fees, number of registered students, number of faculties, access to university and accommodation, registration of foreign students, academic development and through-put.

3.1 University of Bamako

The Rector reported that the university of Bamako was the only university in Mali. The student population in the last semester was 32 000. In the current semester the numbers had increased with 10 000. The total number of students registered in the Faculty of Science School is 12 000, made up of 10 000 in the Pharmacy and 2 000 in the Medicine Schools.

1. Faculties

The University of Mali is made up of two Faculties namely, Faculty of Science and Technics, which offers Medicine, Pharmacy, Dentistry and Technical Sciences, and Engineering. The other is the Faculty of Languages referred to as FLASH; it offers courses in Literacy, Arts and Human Sciences.

1. Gender Equity

The social stereotype and resistance from the communities with regard to women participation played itself out at university of Bamako. The participation of women in this institution is in the ratio 30% to 70% compared to male counterparts in other universities. The university employs fewer women professors. There are only fifteen academics of which two are women. Even though gender equality at the institution is skewed, women felt discrimination at university is neither positive nor negative.

It has been reported that issues of gender equality has not been as high at universities as it is at schools. As women proceed further with tertiary education, the women participation is very low at administration and at management level except at high school level. This is mainly caused by a lower number of women who passed their High School Diploma. Those who manage to pass their High School Diploma proceed to study for another four- year tertiary education, often get high positions in the private sector.

1. Budget of the University

The university receives its budget from the Department and 5% from tuition fees. The budget received is used for equipment, and is usually not enough. A student who did not get a bursary and proceeds to second year automatically gets a bursary. The budget for salaries and administration is derived from a special fund set aside for maintenance. Each year after students have passed their High School Diploma, the office of the Minister compiles a list of those who have obtained good grades and satisfied the minimum requirements to be provided with a scholarship to study further.

1. Scholarship

The scholarship that each student receives amounts to R26 500, which covers 100% of the fees. About 50% of the bursary is often allocated to students who have obtained good grades and are staying far from the university. There are some of students who are provided for by their parents. The budget that is allocated to the university is often not sufficient to cover administration and maintenance. Thus the Minister has set aside a special fund that is used as contingency to cover administration and maintenance of equipment.

1. Foreign Students

The university accepts foreign students and most of them are enrolled with the Faculty of Sciences for Medicine and Engineering. Their registration fees costs between R200 000 and 250 000 CDs. The university makes provision to accommodate students in residences. The increasing number of current and foreign students at the university is impacting on the institutional infrastructure.

1. Student Residences

The residential facilities in most cases are not enough to accommodate all students. This situation forces students to share rooms; six students often share the double rooms. In order to deal with this challenge, the university admits between 2-3% of students into residences.

1. Academic Development

The institution does not have clear mechanisms to develop academics at the university. However most professors have received training in Russia, France, United States of America, Canada and China and Northern African, for example, Morocco, Tunisia Algeria.

1. Internet Facility

The university started an Internet Centre to train them and to enable them to conduct research.

1. Business Programmes

The university does not have Business school programmes, but offers professional programmes through the Faculty of Science and Technics.

1. Challenges facing the university

   • Lack of adequate professors; • Lack of infrastructure • Lack of equipment

The University requested the Committee to assist in establishing partnerships with South African universities. The partnerships are aimed at encouraging student exchange programmes and to develop Indigenous African languages.

1. VISIT TO THE FACULTY OF LANGUAGES, LITERACY, ARTS AND HUMAN SERVICES, UNIVERSITY OF BAMAKO At the Faculty of Languages, Literacy, Arts and Human Sciences (FLASH), the Vice-Principal Mr Berthe’Salif welcomed the delegation. He briefed the delegation around courses that are offered at the Faculty, the composition of staff and academics, the total number of students.

4.1 Faculty of Languages, Literacy, Arts and Human Sciences

The Faculty of Languages, Literacy, Arts and Human Sciences falls under the University of Bamako. The Faculty was established in November 1996 when programmes were offered. The Faculty of Languages, Literacy, Arts and Human Sciences has got 11 500 students with five different departments. Departments at this institution include departments of teaching and research, arts and literature, geography, social sciences, which includes philosophy, educational science, sociology, anthropology and psychology. In the social sciences school, psychology is the largest. Other departments were History, Archeology. All students are expected to learn one national language of their choice in addition to English. In order to address the shortage of Professors specializing in Linguistics, the faculty imports external Professors from Senegal. As part of recruitment, the institution also uses the Francophone Agency to identify Professors from Burkina Faso. This agency works closely with UNESCO to track Malian Professors in foreign countries. They are recruited to assist the institution for a period of three weeks.

1. Structure of FLASH

FLASH has 52 staff members who occupy the Administration and Technical Division, performing secretarial and technical tasks. It was reported that in the previous semester the number of students was standing at 11 500. The student intake for 2005/06 is expected to increase by 5 000. In the beginning, FLASH operated as a Professional institution specializing in Science and Technical courses.

1. Academic Staff

The academic staff of FLASH is made up of 139 academics, of which 134 are men and 5 are women. The institution has committed itself to address the gender imbalances.

1. Foreign Students of FLASH

The institution admits foreign students from Gabon, Congo, Chad, Burkina Faso, Ivory Coast and from Central African countries. Some students received scholarships from their respective governments. The government also subsidizes foreign students particularly those from Niger. They owe the institution large sums of monies.

1. Challenges facing the institution

The major challenge facing the institution is the large number of foreign students seeking admission. The university took a decision to accept only students with High School Diplomas for enrolment. The delegation left to visit the Faculty of Science and Technics of the University of Bamako.

1. VISIT TO THE FACULTY OF SCIENCE AND TECHNICS UNIVERSITY OF BAMAKO

The Vice-Dean, Prof Soulaymane Traore, welcomed the delegation and gave an overview of courses offered, the duration of study, the number of registered students, the number of academics and staff complements. He also highlighted the total number of doctorates obtained and the countries in which academics were trained. The Faculty offers Science, Chemistry and Mathematics. The Faculty is made up of 80 permanent and 150 part-time academics. There are 2 042 students registered with 60 staff members who provide administrative and technical support. Out of the 80 permanent academics, 50 have obtained their Doctorate Degrees and studied and trained in countries such as China and United States of America. There are currently 9 doctoral candidates: 3 in Chemistry, 2 in Mathematics, 1 in Physical Science and 3 in Biology.

1. VISIT TO BRIAN MULRONEY PRIMARY SCHOOL IN KATI (NORTH WEST OF BAMAKO)

At Brian Mulroney Primary School, the Directors of the Academy of Basic Education Service in Kati accompanied the delegation. The Director of Education Services gave a briefing, focusing mainly on the two cycles of the education system, the number of learners, the number of teachers and the role of the School Body. The Academy is made up of 1st and 2nd cycle of Education; first Cycle, Grades 1-6, and second cycle, Grades 7-9. The two cycles run vertically.

6.1 First Cycle Education System

The delegation interacted with a first cycle classroom, a group of learners ranged from 9-11 years. The classrooms are overcrowded. All subjects are taught in Bambara, which is the official mother tongue, and English as a second language.

6.2 Second Cycle Education System

The delegation interacted with learners in a Grade 9 classroom. The class had 87 learners which, the delegation was told, was one of those with fewer learners. It was said that classrooms are often filled with a maximum of 100 learners. When a learner passes his/her exams, he/she is issued with a diploma and proceeds to Secondary level. Subjects such as Mathematics, Science, Geography and French are offered at the school. The number of learners enrolled in the second cycle was 400 learners. The number of teachers teaching second cycle was 11. Out of the 11 teachers, only 1 is a female teacher. The school has a School Governing Body (SGB) that oversees parents and teachers. The SGB is actively involved in the management of the school.

1. VISIT TO THE NELSON MANDELA PRIMARY SCHOOL

The delegation visited the Nelson Mandela Primary School, which is named after the former President of the Republic of South Africa, Nelson Rolihlahla Mandela and was welcomed by the Director of the Academy of Learning, Ms Diallo Fadimala B Toure. The delegation was briefed about the founders of the school, the composition of the different schools, subjects that were offered in the official mother tongue, and the commitment and role of the Nelson Mandela Foundation in assisting the school. It was reported that the school was jointly opened by the former President, Nelson Rolihlahla Mandela and Mr Alpha O Konare in March 1996. The school premises are made up of 4 Primary and 1 Middle Schools. The Middle School is composed of Grades 7-9 that falls under 8 different Inspectorates for Basic Education. The Middle School has 5 Directors who are supervised by the Head Master of the school.

In order to differentiate between the different schools, each school is named using the letters of the alphabet, such as school A or B. The School A has 450 learners with 6 teachers, out which 4 were males and 2 females. The educators teaching at the Middle School were provided with special training courses. As a symbol of friendship between the Japanese and Malian schools, both entered into establishing a twinning programme.

Since 1980 the school had experimented in giving lessons in Bambara. A concerted effort was made this year to teach the language from Grades 1-6. As an experiment, all learners in Grade 5 are taught in Bambara. Learners are divided into small groups and are encouraged to work as a team. It has been observed that since the introduction of Bambara at the school, the numbers of learners had decreased because some parents had removed their children from the school.

7.1 CONCERN RAISED BY MANAGEMENT OF THE SCHOOL

Due to the popularity of the school in the area, Management reported that they were promised by the Nelson Mandela Foundation to keep contact with them and consider the possibility of assisting them. They requested the Committee to take up the matter with the Foundation.

7.2 COMMITTEE’S UNDERTAKING

The Committee undertook to make a follow-up on the commitment made by the Nelson Mandela Foundation to assist in building additional classes at the school. With regard to offering subjects in the mother tongue, the Committee requested that Management provide them with a copy of statistics on the results of the exams taken in Bambara.

1. VISIT TO NATIONAL SCHOOL OF ENGINEERING

The Rector of the National School of Engineering and members of the Academic Council welcomed the delegation. The Rector briefed members of the delegation and provided an overview of the programmes offered at the school. The briefing was followed by a tour of the school and some of the laboratories. 8.1 Technical Colleges

The National Engineering School existed prior to the University of Bamako. After independence the government adopted a Higher Education System exclusive of university. The Higher Certificate preceded the university. The government realized that the Higher Education system did not prepare students adequately to learn the basic subjects at university. Due to the system producing half-qualified students, the system was changed and divided into the following four divisions:

• Civil Engineering Unit specializing in  training  students  to  become
  engineers.
•  Industrial  Engineering   Division   specializing   in   electronics,
  mechanics, and energy.
• Mathematics Division specializing in Mathematics
• Department of Geology specializing in mining-related matters.

1. Level of Entry

In order to be accepted at the National School of Engineering, a student is required to have studied for 2 years at university, and for another 3 years at the Engineering school before one can qualify as an engineer. The institution has accepted 400 students with an academic staff complement of

1. There are about 80 staff members employed on a permanent basis and 20 are employed on a part-time basis. Out of the 80 permanent academic staff, 3 are women. The number of women academic staff is only 3; the reason provided for the low number of women academics was that families do not allow girls to study for technical subjects. An average of 80% of students complete their studies and graduate.

2. Virtual University

The delegation visited two classes, one was a virtual university class and another was a computer networking class. The virtual university offered video conferencing classes electronically through a Canadian university. For admission into the virtual university classes, students should have done and passed 2 years at university. Based on the performance of the student, they are selected electronically, and then they submit an application to the Canadian university for admission. The admission fee to study costs R200 000 CDs. The class had 27 students, 17 were English speaking and 10 were French speaking. The second class the delegation visited was a computer networking class where students studied computer- networking systems. To specialize in computer networking a student is required to have 1-year basic knowledge in computer science.

1. STUDY TOUR TO GHANA

On the 18 October 2005, the delegation arrived in Accra, Ghana. They were welcomed at the Airport by Ms Nokukhanya Matshikwe, the 2nd Secretary Political and accompanied by officials in the Protocol Office of the Speaker.

1. COURTESY CALL ON HIGH COMMISSIONER MR RAPU MOLEKANE AT THE HIGH COMMISSION OFFICE, NORTH LABONE

On the 19 October 2005 the delegation paid a courtesy call to the office of the High Commissioner, Mr Rapu Molekane. He warmly received the members of the delegation and welcomed them to Ghana. The leader of the delegation introduced the members of his team and outlined the purpose of the study tour. After the introduction, the Commissioner briefed members of the delegation and focused on the New Patriotic Party that came into power in 2004, the South African Ghana relations and the bi-laterals that existed between Stellenbosch and Ghana universities. The Commissioner told the delegation that the office was opened in 1996. In 2004 the New Patriotic Party was voted into power replacing the National Democratic Congress. Free Basic Education was introduced together with the new national uniform of brown and yellow. The relation between South Africa and Ghana existed for the past 10 years and the cooperation was signed in the field of defence. A well-established college for Senior Military staff was built. South Africa and Ghana had also working relations in peacekeeping missions. They have signed an agreement in establishing a centre for peacekeeping. The two countries have not entered into an agreement on Agriculture but had entered into negotiations on cultural issues.

The joint bi-laterals on agricultural matters would be launched before the end of the year. Except the avoidance of taxation agreement, the two countries had general trade on aviation matters on a commercial basis. An unofficial exchange programme exists between the University of Ghana Lagos and University of Stellenbosch. The exchange exists in the field of study of HIV/Aids. A Masters programme exists where academics from Stellenbosch visited the university of Ghana and in return academics from Ghana visited the University of Stellenbosch. 25 South African companies are in Ghana. Companies such as Checkers, Woolworths, Stannic and Multi-Choice had put up shop in Ghana and South African companies are doing well.

1. COURTESY CALL ON THE FIRST DEPUTY SPEAKER OF PARLIAMENT, HON FREDDIE BLAY

The delegation visited the First Deputy Speaker of Ghana Parliament and was profoundly welcomed by the two Deputy Speakers to Parliament. The Chairperson introduced members of the delegation and provided an overview on the purpose of the visit by the Committee.

The briefing focused around a broad exposition of the educational system in Ghana. Basic Education in Ghana was free and learners and students were not required to pay. In the new system, it is proposed that 2 pre-primary school years will be added by 2007 followed by the current Primary School phase where a learner is expected to spend 6 years, and then at Junior Secondary School spend 3 years, followed by an expanded 4-year phase at Senior Secondary level and proceed to enrol at tertiary level. In short, the education system will change from a 6: 3: 3 year to a 2: 6: 3: 4 year system. It is envisaged that in the long term, the 4-year degrees will be done in 3 years. This will be due to the fact that by the time the students reach university level, they will be more prepared and more matured. This will also be cost effective as the cost of university education is higher than that of Senior Secondary Schooling. Tuition at university would be free and students contribute only by paying for levies.

The country also experienced the brain drain phenomenon. To retain educators, the government is moving towards implementing a Human Development Programme with emphasis on Science and Technology.

The delegation was allowed to observe the proceedings of the Public Accounts Committee when they were examining the audited accounts of the Departments and entities. The establishment of the Public Accounts Committee is provided under Order 151 (2) of the Standing Orders of the Parliament of Ghana. The Order 165 (1) of the Standing Orders provides that the Committee shall consist of not more than 25 Members under the Chairperson of a Member who does not belong to the party, which controls the Executive branch of Government. Accordingly, and by convention, the Leader of the Main Opposition Party of the House has always chaired the Committee. The primary responsibility of the Committee is to examine the audited accounts of sums granted by Parliament to meet the public expenditure of the Government, and such other accounts before Parliament. In terms of its functions, the Committee has the powers, rights and privileges of a High Court or a Justice of the High Court. The Heads under which the Auditor-General reports to Parliament are as follows: • Foreign Exchange receipts and payments of the Bank of Ghana; • The District Assemblies Common Fund; • The District Assemblies and Traditional Councils; • Public Boards and Corporations; • Pre-University Educational Institutions; • The Ministries, Departments and other Agencies of the Central Government and • The Consolidated Fund.

The delegation was further taken around the buildings of Parliament where they observed the old Parliament Building or the House of Parliament, which was built forty-three years ago. The number of Members of Parliament is approximately two hundred and thirty (230). There are less that 10% women parliamentarians. The Majority Party held hundred and twenty-eight (128) seats. The voting system is based on the constituency voting system. The Constitution states that Ministers who are not members of Parliament should not be less than 50%. Eighty-eight (88) seats of members of Parliament are made up of Deputy Ministers.

The challenge facing the Parliament of Ghana is that there are no Committee rooms and that Members do not have offices. There is no dedicated research support for the Members. To convene a meeting, parties make use of lobbies. In order to address the shortfall of offices, the State House for the government department of housing will be converted to offices for all Members of Parliament.

1. COURTESY CALL ON HON MINISTER OF EDUCATION AND SPORTS, MR YAW OSAFO- MAAFO, MP

The Acting Director General Mr Clark welcomed the delegation and took them to the office of the Hon Minister of Education and Sports, Mr Yaw Osafo- Maafo. The Minister briefed the delegation on the Educational System in Ghana and the New Proposed Structure of Education. It was reported that currently Ghana operates a structure consisting of 6 years of Primary Schooling, 3 years of Junior Secondary School (JSS), 3 years of Senior Secondary School (SSS) and generally 4 years of university education. The country offers Basic Education, which is defined as the minimum period of schooling needed to ensure that children acquire basic literacy, numeracy and problem-solving skills as well as for creativity and healthy living.

9.3.1 Primary Education

The primary education, which covers 6 years after kindergarten, is aimed at consolidating the knowledge and skills acquired at the kindergarten level and forms as the foundation for inquiry, creativity and innovation and inculcates good citizenship in children. In terms of the report of “Education in the 21st Century”, it is recommended that at Primary Education level emphasis should be on literacy, numeracy and problem-solving skills. The creative arts are comprised of art and craft, music and dance, physical education and ICT. The educators are encouraged to offer the subjects as practical and creative activities. Those children whose first home language is Ghana are encouraged to be taught in it at the kindergarten and at primary level.

9.3.2 Junior Secondary School Education (JSS)

The Junior Secondary School constitutes a three-year post primary education and provides opportunity for pupils to discover their interests, abilities, aptitudes and other potentials. It introduces them to basic scientific and technical knowledge and skills and prepares them for further academic work and acquisition of technical/vocational skills at the secondary level. To improve the quality of education at this level, teaching is strengthened through improved supply of well-qualified teachers, especially for English, Mathematics, Science and the Creative Arts.

9.3.3 Senior Secondary/Technical /Vocational Education

The Secondary education is provided at Senior Secondary Schools, technical/vocational institutes and through apprenticeship schemes. The curriculum at this level is diversified to cater for the different aptitudes, abilities, interests and skills of students to provide some with the opportunity for further education and training while others are introduced to a wide variety of relevant occupational skills.

To address the issue of developing the Technical, Vocational Education and Training (TVET) sub-sector as alternative parallel stream, the government should make a major shift in its state education policy in favour of the TVET sub-sector. The Technical Teacher Training facilities at the University College of Education of Winneba, Kumasi and Technical Teachers Training College, Mampong are to be expanded to cater for the training of more technical and vocational teachers.

9.3.4 Tertiary Education

The tertiary education embraces various types of post-secondary education programmes that offer training leading to the award of Diploma and /or Degree. There is one National Minister with three Deputy Ministers. Tertiary education includes universities, polytechnics, and specialized institutions. Tertiary students receive loan funding through means tests. The state is finding it difficult to recover loans from students who have completed their studies.

To address problems of access, funding, staffing, quality and relevance, the government should improve and expand significantly academic and physical infrastructure and facilities in all state tertiary institutions to enable them to deliver at optimum capacity. The working conditions, including facilities for research and teaching should be improved to attract and retain staff. The tertiary institutions should set up well- resourced quality assurance units to monitor academic and professional programmes in the institutions. Also the universities should liaise with industry and business to set up standards of competencies for skills acquisition.

The objective is to create intellectually, spiritually, emotionally, and physically well-balanced individuals with the requisite knowledge, skills, values and aptitudes for self-actualization and for the socio-economic and political transformation of the nation, and the Government of Ghana.

1. MEETING MR ATO ESSUMAN CHIEF DIRECTOR, MINISTRY OF EDUCATION AND SPORTS AND MR MICHAEL NSOWAH, ACTING DIRECTOR GENERAL, GHANA EDUCATION SERVICE

The delegation was welcomed by the Acting Director General Mr Michael Nsowah at the Education Service Building. He briefed members around the management and administration of Pre-Tertiary Education, the management at the school level, at District and Regional level. The Management of pre- tertiary education is based on a six-tier system namely, School, Circuit, District, Regional, National and Ministry of Education level. The essence of this arrangement was to ensure that all decentralized agencies and units are involved in the management of schools, to ensure effective delivery and supervision of pre-tertiary education.

10.1 Management at the School level The school is the primary unit of management headed by the principal who handles all the management issues. The principal is supported by a number of agencies, including the School Management Committee (SMC), Board of Governors and the PTA. The class teacher on his/her part provides leadership in the management of the day-to-day teaching and learning environment.

10.2 Circuit level

At the circuit level, the Circuit Supervisor is in charge of the Circuit, which consists of a cluster of schools, numbering between ten and twenty depending on the area of operation.

10.3 Regional level

The Regional Directorate of Education is responsible for the co-ordination, supervision and monitoring of the management functions of the District, Directorates of Education and Regional Education units in order to ensure good quality education in schools.

10.4 Ministry of Education

At the ministerial level, the Ministry of Education, as the body charged with formulating educational policies, has the responsibility for ensuring that educational policies and their implementation harmonize with national developments.

10.5 The school organization

The current system of 6 yrs primary; 3 yrs junior secondary and 3 yrs senior secondary will change in 2007 to 2 yrs pre-primary; 6 yrs primary; 3 yrs JSS and 4 yrs SSS. From this year, levies have been abolished and the government pays capitation.

1. Teacher training The rural areas are faced with a problem of untrained teachers. These teachers are given on-the-job training through the Untrained Teachers Programme. There are 38 teacher-training colleges in Ghana. These colleges have been upgraded from three-year to four-year courses offering Diplomas instead of Certificates. Teachers Unions cooperate with the Department. The teacher:pupil ratio is as follows: Primary 32:1; JSS, 22:1; SSS, 20:1

2. Challenges

          ▪ Inability of teachers to go to rural schools.
          ▪ Low teacher salaries.
          ▪ HIV/Aids pandemic.
   

3. VISIT TO ACHIMOTO SCHOOL

The delegation visited Achimoto School and was welcomed by the Deputy Headmistress. She briefed the delegation and focused on establishment of the school, learners of the school and the subjects the school offers. Achimoto was established by British Missionaries in 1927. The school produced most of the prominent leaders in the country. It had slightly more girl learners than boys. The school is headed by one Head Mistress and 3 assistants who are not teaching but concentrated on the management of the school. The school has about 80 teachers. The school is the best school in the country. It employed the most experienced teachers who ensured that they were highly motivated. The school enjoyed the support of parents and members of the communities. The normal pass rate in the Senior Secondary School averaged 80-100% pass rate and 95% of its students are admitted in the universities.

The school is divided into four programmes namely, General Science, Creative Arts, Vocational and Visual Arts and General Agriculture. The total number of learners was approximately 1 585, with proximately 80 staff members. The learners pay levies, which cover school fees, boarding and food. The continuous assessment of learners continues every term and that had an effect on acceptable discipline. The final year exams are common throughout Ghana. The school is part of the West African Schools (ECOWAS). The school teachers are accommodated in bungalows within the schoolyard.

1. MEETING WITH ACTING VICE-CHANCELLOR, UNIVERSITY OF GHANA, LEGON

The delegation visited the University of Ghana, Legon. The Vice-Chancellor, Prof C Gordon who is the Dean of International Programme, welcomed the delegation. He provided an overview of the university. Currently the university is amongst twenty (20) proven universities around the world. The number of courses the university offered equipped more entrepreneurs to become more marketable and information technology was at the thrust of the vision of the university. The university is one of the oldest institutions.

Recently the university participated in the Peer Review Programme. The Institute of Statistical, Social and Economic Research was requested by the Governing Council of the African Peer Review Mechanism APRM-Ghana to undertake studies into socio-economic development in Ghana with a view to establishing Ghana’s performance in relation to national goals and aspirations. The outcome of the exercise was required to be empirically verifiable by an international team using acceptable methodologies. The task was carried out which involved field surveys of 20 districts in all 10 regions of Ghana and several focus group discussions throughout Ghana.

Currently the university of Ghana had signed new agreements with University of Leeds and registered students for full degrees. The number of both Regular Foreign students and special admission students continues to increase as mandated by the university of Ghana. The issue of access is quite interesting, because the daily graphics indicate that several hundred million dollars are of student loans that had not been paid back.

The residential fee is approximately $850 and the students are highly subsidized. The real cost is 8-10 times what students paid. They depended on the government for intervention to operate fee-paying students. The university had administered foreign students according to the Strategic Plan 2001-2010. A policy is in place to encourage access in output looking at interacting with external bodies. Female access had positive spin-offs. The aim is to increase the 3% number of females in admission policies. By this mechanism or policy the institution wants to increase the population of females to close to 43,4%. The institution is working towards getting female population to an acceptable numbers.

As a way of increasing the number of females, the admission policy developed a cut-off point for women lower to that for men in mathematics. In every year, a Science and Maths workshop for girls is conducted to encourage young women and this year boys were also included. The courses in Maths and Science are very critical for the development of female students. The university has established a Regional Centre for Science Education for female learners.

It has a registered intake 30 000 students and this poses problems for residential accommodation as the institution is modelled along the Cambridge system.

The institution has exchange programmes mostly with European Universities. There are considerations to have relations with other South African Universities.

1. MEETING WITH MR PAUL EFFAH, EXECUTIVE SECRETARY NATIONAL COUNCIL ON TERTIARY EDUCATION Mr Paul Effah, who briefed members and focused on the core values of the Council, the establishment of the Council and its objectives, welcomed the delegation. The National Council for Tertiary Education’s values stem from its co-ordinating role which requires it to be visionary, efficient, professional, objective and unbiased in its dealings with all its constituents. The Council will strive to treat all stakeholders with equity and respect without ever compromising its responsibility to the sub-sector and to the nation. In advising the Minister and other stakeholders, the Council must remain objective and free from any external influence.

The 1992 Constitution of Ghana mandates for the establishment of a number of bodies. Amongst those is the National Council for Tertiary Education (NCTE), established by an Act of Parliament, Act 454 of 1993. The Act enjoins the Council to advise the Minister on the development of institutions of tertiary education in Ghana. It also seeks to enquire into financial needs of the institutions of tertiary education, and advise the Minister accordingly, to recommend to the Minister for purposes of the preparation of the annual national education budgets. Block allocations of funds towards running costs and grants towards capital expenditure of each institution of tertiary education and indicating how the allocations are to be disbursed.

The Act allows for recommendations on national standards and norms including standards and norms on staff, costs, accommodation and time utilization for approval of the Minister and to monitor the implementation of any approved national standards and norms by institutions.

Further more it seeks to advise Governing Councils of institutions of tertiary education on suitable measures for generating additional funds for their institutions. Key to the action plan of the NCTE is to create attractive options within the tertiary education sub-sector to encourage the development of new programmes involving the industry. To facilitate the development of a clear and widely accepted definition of tertiary education. The Act seeks to establish mechanisms for monitoring, evaluation and review of standards and norms.

1. MEETING WITH ACTING CHIEF DIRECTOR, REGIONAL CO-OPERATION AND NEPAD

The delegation was initially scheduled to meet with the Hon Minister for Regional Co-operation and NEPAD, Dr Konadu Apraku, who could not make it. The Acting Chief Director responsible for Regional Co-operation and NEPAD instead welcomed it. To spearhead the conceptualization of NEPAD, the government decided to create a Ministry for NEPAD to deal with matters related to NEPAD. The major role played the Ministry for NEPAD is to co- ordinate the activities of the structure with the Ministers of Education and Agriculture. In the agricultural sector, the Ministers are responsible for the implementation of a comprehensive agricultural programme.

The Ministry would also be going on an advocacy outreach programme in Ghana where they seek to explain what NEPAD is all about, how the principles in the NEPAD Framework could be synergized in the reduction of poverty. This would be achieved through creating avenues for people to chart forward approaches as to how they could benefit through NEPAD. The country is going through the African Peer Review Mechanism (APRM) and that should be seen as a credible initiative. The Ministry had also co-ordinated the NEPAD agenda through various Ministers on the ECOWAS side. The emphasis is placed on trade relations, free movement of people and signing of regional protocols to be able to expand the interaction of different markets. A NEPAD School feeding scheme programme had been started on a pilot basis. The programme would be expanded across the country in 2006 to ensure that it reached a maximum of two million children. A special Secretariat had been established to monitor the National Department of Planning Commission in the office of the Manpower Minister. To be able to sustain the programme, the government had put in place a National Health Insurance Scheme to have a social safety net. The school-feeding programme had been located and co-ordinated with the involvement of key Ministries such as Health, Agriculture and the Minister responsible for Women and Children Affairs.

They would like to co-operate with some institutions in South Africa. They tried to link with the Institute of International Affairs. They would like to have educational exchanges with South Africa. These relationships should be permanent and not once off.

1. VISITING WINNEBA SECONDARY SCHOOL

The delegation visited Winneba Secondary School and was warmly welcomed by the Head Mistress of the school and her staff members. She focused on the establishment of the school, the subjects the school offered, the number of learners and educators. Winneba was started in 1949 by AJ Hammond a Member of Parliament in a private apartment in town with one chair. The school has a staff complement of forty-four (44), composed of 40 males and 4 females and an intake of 1 300 learners. The courses that are offered are Science, General Arts, Business and Agriculture. The results were steady and impressive. The pass rate for the last semester was at 79,5% in Mathematics, and 83,1% in English. The achievement was regarded as being remarkable for the school based on the background from which learners come, which is not good. To sustain the performance of learners, the school arranged extra classes for learners who are performing poorly. Most teachers at the school took their examinations under the West African Examination Council. Those teachers who performed exceptionally are cited and awarded a “best teacher” award for their excellent performance.

The school has got a Science Resource Centre that offers tuition and practical. It also has two qualified nurses who manage an outpatient ward with 12 beds, six dormitories for 600 boys and five dormitories for 700 girls. The school has got a choir and most of the learners belong to that choir. The school won the North West Choral Music Award and obtained top position in the region.

The challenges facing the school are: The utility vehicle used for internal usage had broken; the sanitation facilities are unacceptable; printing machine to print examination papers had broken. However some of the former students offer assistance through donations. The school has received 300 metal chairs.

On the other hand the school has received a contribution of R1, 4 million from the Swedish government towards the establishment of the Internet facility. The Lee University in the United States of America provided practical teaching to thirteen students on mentorship programmes.

1. MEETING WITH VICE-CHANCELLOR OF UNIVERSITY COLLEGE OF EDUCATION OF WINNEBA

The delegation visited the University College of Education of Winneba and was welcomed by the Vice-Chancellor of the university, Prof Niibi Ay-Boute. Accompanying the Vice Chancellor were the Heads and Deans of the different departments. The Vice-Chancellor briefed the delegation and focused on the establishment, the roots, the vision and mission, the goals, the structure, the faculties, mandate of the institution and the number of campuses constituting the institution.

17.1 Establishment of Winneba

The University College of Education of Winneba was established in 1992 as part of the educational reforms. The University College of Education of Winneba is an advanced specialist teacher training college. By its set-up it operates a multi-campus system. It was mandated to produce professional teachers for Basic, Secondary and Teacher Training Colleges. The institution is therefore expected to play an important role in the reform programme.

It has three campuses, namely, Kumasi Campus, which emphasizes advanced technical and business education. The other is the Ashanti-Mampong Campus, which specializes in agricultural education. The third is the Winneba Campus, which has three sites and produces teachers in areas such as Science, Social Studies, Music, Art, Home Economics, Basic Education, Special Education, Mathematics, English, French and Ghananian Languages. The University College of Education of Winneba is a unique institution that offers advanced teacher education, it was granted full university status with effect from October 2002. In 2004 the university became an autonomous institution in terms of Winneba Act 672.

1. The Vision and Mission

The University seeks to become the most excellent teacher education university in Ghana, it is recognized as one of the best in Africa, and is recognized worldwide as higher institution of learning. It serves as a centre of excellence that inculcates in its products the requisite academic ability and professional competencies, and imbues them with humanistic values for teaching at the pre-tertiary level, to conduct research, disseminate relevant knowledge and skills, and influence educational policy.

1. 3 Goals of the Institution

The major goals of the university are to: improve Academic Excellence, improve infrastructure, initiate Innovative Programmes, establish partnerships, address Imbalances in Educational Provision and ensure financial self-sufficiency.

17.4 The University in brief

The full-time students at the institution for the financial year under review stand at aggregate level of 18 317, with a gender breakdown of 10 706 males, and of 7 611 female students. In terms of its budget allocation, the university received ¢158 billion (US$17,5m) in 2005.

17.5 Students

17.6 Full –time Students

17.7 Faculty of Language Education

The Faculty of Language Education continued to focus on research and teaching related to the improvement of performance in languages used in Ghana. English as the official language of the country and the various other Ghanaian languages like French, Akan-Nzema, Ewe, GaDangme and Gur- Gonja are considered as vectors of education, culture and community interaction.

17.8 Faculty of Technology Education

The faculty continued its primary functions of teaching and research in Information Technology Education. The Faculty is making every effort to reposition itself in order to respond to the rapid changes in information technology and the information economy.

1. Faculty of Agriculture Education

The Faculty teaches courses in Agricultural Education and Animal Science. The faculty continued to provide training to an ever-increasing number of students in addition to carrying out its other functions of research and extension. The programmes offered are all areas, namely, Animal Breeding, Meat Science and Technology, Microbiology and Immunology, Nutrition, Pasture and Range Management and Physiology.

1. School of Creative Arts Education

The Faculty of Creative Arts Education continued to attract a great deal of patronage from students and research scholars. The school offered both full time and short courses to a large number of students in the four areas of Art, Music and Performing Arts, Enrichment Programme in Music and General Music Diploma.

17.11 Faculty of Science Education The Faculty of Science Education continued to play a major role in the education of undergraduate students in the Science Faculty. The student interest in the subjects is picking up and this is reflected in the increased number of students registering for Health, Physical Education, Recreation and Sports, Home Economics Education, Mathematics Education, Science Education.

17.12 Distinctive Profile

The year under review was another good year in the life of the faculty. Besides smooth academic and non-academic work in the faculty during the period, its members were involved in a number of activities that sought to strengthen its position as an enviable hub in Africa for PGD Guidance and Counselling, PGD Education Student internship, Distance Education which increased with female enrolment increasing to 60%, Applied Linguistic Project studying 15 local languages and technical, vocational and creative arts. ν 17.13 Partnerships

The university had entered into legal links with outside universities and institutions. Currently the university had signed agreements and established partnership with Leeds University, UK, Lulea University of Technology, Sweden, Lee University in Cleveland, Tennessee, USA, University of Pennsylvania, USA, Arizona State University, West, University of Jyvasklya, Finland, Ohio University, Athens, USA, Simon Fraser University, Vancouver, Canada, Carnegie Corporation of New York and UNICEF.

1. Improvement in Infrastructure

The university had seriously embarked on an epochal drive to re-structure and re-designate the university by upgrading it to a modern university, in order to keep up with the increasing numbers of students. A number of infrastructure improvements were noted, namely, new Libraries with ICT Laboratories were built at the Winneba and Kumasi campuses. In addition an additional hostel for postgraduate students was erected, at Winneba, New Science Laboratory at Mampong, Administration Block at Mampong, Sports Complex at Mampong. Also accommodation was built for staff members at Kumasi, and Winneba campuses. New lecture Halls at Winneba and Mampong campuses were erected.

1. RECOMMENDATIONS

MALI

      o The Committee recommends that the Departments of Education and
        Foreign Affairs work out a system of promoting partnerships
        between South African Universities and those in Mali with the
        aim of developing and sustaining the indigenous African
        languages.

      o It is recommended that South Africa should consider taking
        lessons from Bambara, Mali and encourage schools to teach
        learners from grade 1-6 in their mother tongue and use English
        as a second language.

GHANA

     o The Committee recommends that the Department should consider
       introducing measures for the government to offer assistance for
       permanent exchange programmes through the Institute for
       International Affairs for student within the African countries.

Report to be considered.

1. Report of the Portfolio Committee on Agriculture and Land Affairs on Budget Vote No 25, dated 28 March 2006:

2. Introduction The Portfolio Committee on Agriculture and Land Affairs, having considered Budget Vote 25, reports as follows: The Constitution of South Africa (Act No. 108 of 1996) recognises that the Legislative Authority has an important role to play in the oversight function in overseeing the performance of departments and public entities.

In terms of Treasury Regulations published in Government Gazette in May 2002, strategic plans must be tabled in Parliament at least 7 days prior to the discussion of the budget Vote of the Department.

It is important for the Committee to ensure that strategic plans are tabled within the stipulated period because they provide information for the budget review process of the Portfolio Committee.

The budget and strategic plan form the basis of the annual report. The Public Service Commission in its report “Evaluation of the Department’s Annual Reports as Accountability Mechanisms” clearly states that the emphasis on measurable objectives, which should be part of the strategic plan, is to create a clear contract between Parliament and the relevant Minister regarding specific deliverables for which the Minister can be held accountable.

This explains the importance of budgets and strategic plans and their necessity for departments to table them on time to ensure that Parliament is provided with information required for its oversight work.

On the 8th March 2006, the Department of Agriculture and entities namely, the Land bank, National Agricultural Marketing Council (NAMC), the Onderstepoort Biological Products (OBP), the Agricultural Research Council (ARC), the Perishable Products Export Control Board (PPECB) and Ncera Farms tabled their budgets and strategic plans for 2006/07 as required by regulations. Upon referral of these instruments by the National Assembly, the Committee scheduled extended briefing sessions with the Department and entities to present their budgets and strategic plans for the ensuing financial year.

On the 15th March, the Committee completed the budget hearings process of the Department of Agriculture and all entities reporting to it.

1. Programmes of the Department of Agriculture

The Director-General, Mr Masiphula Mbongwa, assisted the programme managers who presented 2006/07 budget priorities as related to the strategic plan of the Department. The following are the department’s key priority programmes for the period 2006 to 2009 and targets for 2006/07:

2.1 Comprehensive Agricultural Support Programme (CASP)

The aim of the programme is to provide post-settlement support to the targeted beneficiaries of land reform and other producers who acquired land through private means. The implementation of CASP depends on provincial departments, some of which do not have capacity resulting in significant under-spending and rollovers. During 2006/07 some management members from National Department of Agriculture will be deployed to provinces to assist in improving service delivery.

2.2 Micro-Agricultural Financial Institutions of South Africa (Mafisa)

The scheme was launched in 2005 in Limpopo, Eastern Cape and KwaZulu-Natal provinces, and will be rolled out to other six provinces in 2006. Within provinces, steering committees will be established to facilitate the implementation of Mafisa. Institutions such as Land Bank, Uvimba Finance and Ithala Development Finance will be participating in the scheme as financial intermediaries, once their capacity for outreach has been established. The target is to have 2 000 farmers awarded loans through Mafisa.

2.3 Broad-Based Black Economic Empowerment for Agriculture (AgriBEE)

The AgriBEE framework is the Department’s response to improving equitable access to and participation of historically disadvantaged people in the agriculture sector. The AgriBEE Charter will be finalised and implemented in 2006, after which several workshops will be conducted at national, provincial and local level to address issues relating to the implementation and monitoring of AgriBEE. Training workshops that are aimed at promoting awareness, understanding and clarification of the impact on and relevance of broad-based BEE for local municipalities will be undertaken by selected service providers.

2.4 African Agricultural Development Programme (AADP)

The Programme has been developed as a NEPAD framework for agricultural development in Africa. In 2006 the Department will focus on strengthening its relationship with African countries. It will see through implementation of NEPAD/Comprehensive Agricultural Development Programme (CAADP).

2.5 Accelerated and Shared Growth Initiative (ASGISA)

The Department will develop detailed plans for identified ASGI projects. The five key areas identified for maximising contribution to ASGI include livestock development, establishment of new and rehabilitation of existing irrigation schemes, biofuels, land rehabilitation, as well as development of agricultural development corridors.

2.6 The activities of the Department are organised into five programmes

The organisational structure of the Department has been restructured and its programmes have been reduced from nine to five. The purpose of the restructuring is to strengthen the Department’s capacity to provide oversight over implementation of national programmes and to focus on priorities.

2.6.1 Programme 1: Administration

The programme provides the department with political and strategic leadership and management, and also manages capital investments. The allocation for 2006/07 amounts to R247 195 million as compared to R224 559 million for 2005/06. The allocation reflects an increase of 10,1%.

2.6.2 Programme 2: Livelihoods, Economics and Business Development

The programme promotes equitable access to the agricultural sector, the growth and commercial viability of emerging farmers, food security and rural development. Facilitate market access for South African agricultural products nationally and internationally by developing and implementing appropriate policies and targeted programmes. Promote BBBEE in the sector. Provide information for developing and monitoring the sector. Programme allocation for 2006/07 is R746 783 million compared to R695 074 million for 2005/06. The allocation reflects an increase of 7,4%.

2.6.3 Programme 3: Bio-Security and Disaster Management The programme is responsible for managing risks associated with animal and plant diseases and ensuring food safety. The programme also develops the agricultural risk and disaster management policy framework for providing early warnings and post-disaster support to farmers. Under this programme there are three sub-programmes. For 2006/07, allocation for the programme amounts to R245 939 million, a decrease by 35,8% compared to R383 250 million for 2005/06.

2.6.4 Programme 4: Production and Resource Management

The programme focuses on creating an enabling environment for increased and sustainable agricultural production; and promoting sound management and use of land and water resources through appropriate policies, legislation, norms and standards, technical guidelines and other services. Programme allocation for 2006/07 is R240 514 million compared to R212 361 million for 2005/06. The allocation indicates an increase of 13,3%.

2.6.5 Programme 5: Sector Services and Partnerships

The programme manages and co-ordinates stakeholder and international relations, education and training, and the Grootfontein Agricultural Development Institute. It supports agricultural research and extension and advisory services. The budget allocation to this programme amounts to R477 217 million for 2006/07 compared to R481 308 million during the 2005/06 financial year. This allocation also reflects a decrease of 0,8%.

Therefore, the total allocation to the Department for 2006/07 amounts to R1 957 648 billion compared to R1 996 592 billion for 2005/06. The budget reflects a decrease by 1,9%.

1. Land Bank

The Land Bank was established in terms of section 1 of the Land Bank Act, 1912 (Act No. 18 of 1912), which was repealed by section 53 of the Land Bank Act, 1944 (Act No. 13 of 1944), which was again repealed by the Land and Agricultural Development Bank Act, 2002 (Act No. 15 of 2002). The Bank operates as a development finance institution within the agricultural and agribusiness sectors. Provides a range of finance options to a broad spectrum of clients in the sector, including entrepreneurs, women and youth, through its network of 27 braches and 37 satellite offices.

The Bank recorded a poor performance in the past financial year. This resulted from a number of factors that affected operations of farmers, such as depressed commodity prices, the strengthening of the rand, which impacted negatively on exporters and the unstable conditions that affected farming produce. The poor performance manifested in a net loss of R541 million in 2005/06 compared to a R246,6 million profits reported in 2003/04.

For the turnaround Strategy, the Bank has established a Committee that comprises officials from the bank, National Treasury and the Department to oversee the turnaround of the financial position of the bank. The Bank has embarked on a process to review its banking and financial systems.

1. Onderstepoort Biological Products (OBP)

The Managing Director, Dr Linda Makuleni and the Chief Financial Officer, Mr P. van Jaarsveld presented the overview of the OBP, budget and the strategic plan for 2006/07.

The company is self-financing, including all operational and capital requirements. It derives its revenue from the sale of vaccines and related biological products. Over the years the company was able to achieve a positive and sustainable growth in revenue, profits and cash flow. The company reported an increase in sales, from 100 million doses of vaccines in 2003/04 to 105 million doses in 2004/05, while sales revenue increased from R69,9 million to R76,1 million for the same period. The sales are expected to further rise over the MTEF period. The rise will support profit growth from R4,9 million in 2005/06 to a projected R5,2 million by 2006/07.

1. Agriculture Research Council (ARC)

The Chief Executive Officer, Dr Tau-Mzamane, presented the budget and the strategic plan of the Council for 2006/07.

The focus of the Council had some recent initiatives primarily in improving the technology transfer capacity, the development of the ARC technology transfer academy, which is aimed at scaling up the capacity of the Council Development Programmes. Some transformation initiatives that are aimed at addressing the needs of the resource-poor communities include training of rural farmers in crop harvesting and pest management strategies to prevent serious losses.

Revenue comes mainly in the form of transfers from the Department with another portion derived from services provided to external customers. Transfers to the Council amount to R386.6 million, R405.8 million, and R425.3 million for the 2006 MTEF period.

Through realigning the research and development business divisions and a country network of research institutes, the Council has positioned itself strategically to address agricultural imperatives of the country.

1. National Agricultural Marketing Council (NAMC)

The Chief Executive Officer, Mr Ronald Ramabulana, assisted by the Council members presented the budget and the strategic plan for 2006/07 financial year.

The National Agricultural Marketing Council was established by the Marketing Agricultural Products Act (1996), in terms of which the NAMC provides strategic advice to the Minister on agricultural marketing to ensure that improved market access by all participants, marketing efficiency, optimisation of export earnings and the viability of the agricultural sector.

To support this mandate, funding for the Council amounts to R12.7 million, R13.3 million, and R14 million over the 2006 MTEF period.

The Council’s budget for 2006/07 financial year is R19.7 million allocated to the Council to cater for administration, marketing and trade, enterprise development statutory measures and economic research categories

For the period ahead, the council will be more involved in integrating government programmes such as CASP, LRAD, and MAFISA, monitoring the input of deregulation on the agricultural economy, and promoting development of marketing skills for black farmers.

1. Perishable Products Export Control Board

The Chief Executive Officer, Mr Neels Hubinger presented the budget and the business of the Board.

The Board controls all perishable exports and provides quality certification on products destined for export, and provides cold chain management services for producers and exporters of perishable food products, thus assisting to prevent losses. Following the opening of market in China for citrus fruit, the PPECB introduced protocol on in-transit handling to facilitate exports to China and another protocol was developed for fruit exports to India.

The total revenue for 2004/05 amounted to R91.2 million, while expenditure totalled R95.4 million, resulting in a net shortfall of R4.2 million. This was mainly due to changes in the levy structures.

The 2006/07 budget allows for a surplus of R337 K made up of statutory services shortfall, commercial services surplus and SA PIP surplus. The net contribution of R1 million from Ancillary Services will be used to subsidise the shortfall from Statutory Services.

The income of R108.7 million represents an increase of R6 million in 2006 mainly as a result of a positive price (levy) variance of R5.6 million on inspection and sea services offset by a negative volume variance of R0.4 million on the same services. The expenditure of R108.4 million is R8.2 million up on 2006 with three expense captions contributing R7 million of the increase.

1. Ncera Farms (Pty) Ltd

Ncera Farms (Pty) is a public company listed under schedule 3B in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999) as amended. The Department of Land Affairs is the sole shareholder. It is situated in the Eastern Cape on the state-owned land of approximately 4 000 hectares, and is dedicated to assist small and emerging farmers through various services to the surrounding rural communities in the form of advice, extension services, training etc.

Of the total amount available in the 2005/06 financial year an estimated amount of R496 300 will not be spent. The under-spending can be attributed to certain planned capital projects not being finalised in time and will thus be rolled over to the 2006/07 financial year.

The expenditure budget for 2006/07 is made up of transfer from Department of Agriculture R2 177 million, plus own revenue amounting to R798 000. The main sources of revenue are the dairy (R646 000), beef herd (R20 000), vegetables (R117 000) and sundry revenue (R15 000).

1. Committee recommendations

The Committee made recommendations for each entity as follows:

9.1 Department‘s Budget and Strategic Plan for 2005/06

The Committee welcomed both proposed budget allocations and the strategic plan presented. The Committee further encouraged the Department to put more human and financial resources on the following areas:

a)      Stepping up the intervention strategy to help in building
       capacity of the emerging farmers. Provincial departments of
       Agriculture should play a pivotal role in these areas.
b)      Work in consultation with the Department of Health to monitor
       developments around the Genetically Modified Organisms debate.
c)      Work on fostering synergies with the Department of Land Affairs,
       Department of Water Affairs and Forestry, Provincial and Local
       Government with respect to strategy alignment and coherence.
d)      Ensuring that training and capacity building initiatives meet
       increasing demands for research capacity and advisory support
       services to emerging farmers.
e)      Consolidation of intergovernmental relations initiatives to
       ensure that the department plays its role of oversight and
       support to provincial and local spheres of government.
f)      Roll out the implementation of norms and standards of extension
       services and ensure that it plays a significant role in the
       monitoring and evaluation of performance of extension services.
g)      Ensuring that there is a strategy alignment between national and
       provincial departments of agriculture.

The Committee further agreed that from the 1st April 2006, the Department must report quarterly to Parliament on the progress made in implementation and challenges thereof. The Committee felt that such trend would be of assistance to the Committee and Department for any early intervention that may be required.

9.2 Land Bank

The Committee welcomed the budget and the business plan for 2006/07 financial year and requested the Bank to consider the following issues:

 a)     The Land Bank needs to do more work on its strategy to compete
       with other commercial banks in South Africa.
 b)     The Committee was also concerned that there seems to be no
       aggressiveness in promoting the brand promotion of the bank.
 c)     The Committee felt that the bank must deal with the credibility
      gap as a matter of urgency.
 d)     The Management Bank must ensure that the turnaround strategy
      improves the organisational health.

The Committee further agreed that bank must provide the Committee with break down of bursary beneficiaries across the provinces.

9.3 Onderstepoort Biological Products (OBP)

The Committee accepted both the budget and the business plan, and requested the OBP to look into the following matters:

a)      It is not clear to the committee how the vaccines are accessed
      by emerging black farmers who owned livestock;
b)      The skills development programme and the strategy to retain the
      skilled personnel within the company;
c)      The infrastructure development and maintenance of the existing
      facilities;
d)      Strengthening relationship between the company and the
      Agricultural Research Council in addressing the challenges facing
      the country; and    e) The OBP contingency plan to respond to the threatening bird flu facing
      the country.

The Committee noted the good work currently done by the OBP and reiterated that the visit to its head offices will be rescheduled for the 2nd term in the programme.

9.4 Agricultural Research Council (ARC)

The Committee considered the budget and the business plan for 2006/07 financial year, and requested the ARC to consider the following matters:

a)      It appears to the Committee that the number of researchers and
       scientists seems to be problematic, and urges the management of
       the Council to look into the matter;
b)      The comprehensive strategy of the Council to unlock the
       indigenous knowledge;
c)      The Council to put the mechanisms in place for ordinary people
       to bring knowledge to the Agricultural Research Council.
d)      To also provide the Committee with provincial co-ordinators in
       all the provinces.

9.5 National Agricultural Marketing Council

The Committee considered the budget and the strategic plan and highlighted the following issues:

a)      The strategy of the National Agricultural Marketing Council to
       strengthen the co-operatives on the ground so that people
       benefit needs to enhanced;
b)      In terms of the strategic objectives of the council, the
       committee felt that time-frames must be specific;
c)      Also, in relation to training, the number of people targeted
       must be quantified;
d)      The transformation of the mohair industry needs to be attended
       to as a matter of urgency;
e)      The citrus industry is still dominated by the commercial farmers
       and this status quo needs to change.

9.6 Perishable Products Export Control Board

The Committee welcomed the budget and the business plan for 2006/07, and due to time constraints recommended that that PPECB must respond to all questions raised in writing by Wednesday, 15th March 2006. PPECB complied with the Committee directive.

9.7 Ncera Farms (Pty) Ltd

The Committee accepted the budget and the business plan of the Ncera Farms (Pty) Ltd for 2006/07, and expressed the following concerns:

a)      The training budget is not reflected in the overall allocation,
       and the relationship of the current training to National
       Qualification Framework.
b)      The role of SETA and the Department of Education training
      curriculum for the community.
c)      The management fees appear to be high in the expenditure column,
       and the committee is concerned whether there is a value for this
       expenditure.
d)      The creation of the Service Centre, and the impact of the centre
      to the surrounding communities, the committee was concerned about
      whether they would benefit.
e)      The committee is also concerned about the future of the company,
      in the event the Department moves out, whether the company will
      be able to survive.

1. Conclusion

The Committee considered the budgets and strategic/business plans of the Department and entities and concludes by reiterating its position that:

a) Agriculture has a potential to assist in the fight for poverty alleviation. It plays a critical role in producing food for the poor, especially in the rural areas. The challenge facing the agricultural sector is that of providing sufficient food for the nation. Beside food security, the other challenges facing the Department of Agriculture are widespread drought, outbreaks of animal and plant diseases, skewed participation in the sector and shortage of skills.

b) Since 1994 the focus of the Department of Agriculture had to broaden access to the agricultural sector by providing access to those who were previously disadvantaged.

c) Finalisation of the Broad-based Black Economic Empowerment for Agriculture (AgriBEE) framework and adoption of the AgriBEE Charter in 2006 will help to facilitate ownership and participation by previously disadvantaged people within the entire agriculture value chain.

d) The committee extends special appreciation to the Director-General of the Department, programme managers within the department and to all heads of associated entities for attending the budget hearings.

1. Report of the Portfolio Committee on Agriculture and Land Affairs on Budget Vote No. 29, dated 28 March 2006:

2. Introduction

The Portfolio Committee on Agriculture and Land Affairs, having considered Budget Vote 29, reports as follows:

The Department of Land Affairs derives its mandate from Section 25 of the Constitution of the Republic of South Africa Act, 1996 (Act 108 of 1996), which protects property rights while placing an obligation on the State to implement land reform. Therefore, the Department has the responsibility of providing access to land and extend rights in land, with particular emphasis on the previously disadvantaged communities. The increased 2006/2007 budget reflects to a greater extent the willingness by government to address speedily the issue of land reform and redistribution, especially restitution.

In the 2006 State of the Nation Address, the President indicated that in the 2006/2007 financial year, the government will do the following:

1. Review the willing-buyer, willing-seller policy;
2. Review land acquisition models and possible manipulation of land prices; and regulate conditions under which foreigners buy land;
3. Ensure that the land redistribution programme is aligned to the Provincial Growth and Development Strategies (PGDS) and the Integrated Development Plans (IDP) of municipalities and to attend to the proper use of the funds that have been made available for the productive utilisation of the land.

This directive has a significant impact on the budget of the Department of Land Affairs, as more resources must be made available to attain the given targets. The review of the willing-seller, willing-buyer approach is likely to ease the budget of the Department, as land will be available at a reasonable price. In overall, this policy directive is likely to have an impact on the pace of the land redistribution programme.

On the 7th March 2006, the Department of Land Affairs and associated entities namely, the Khula Land Reform Empowerment Facility, the Commission on Restitution of Land Rights, and the KwaZulu-Natal Ingonyama Trust Board tabled their budgets and strategic plans for the 2006/07 financial year before the Committee as required by Treasury Regulations.

Upon referral of the instruments by the National Assembly, the Committee scheduled extended briefing sessions with the Department and entities to present budgets and strategic plans for the ensuing financial year.

1. Budgets and Strategic Plans for 2006/07

The Committee completed its budget hearings process on the 15 March 2006. The Department of Land Affairs and its entities were given an opportunity to present their plans, targets and challenges for the coming financial year.

1. Programmes of the Department of Land Affairs

The Director-General, Mr Glen Thomas assisted the programme managers who presented their 2006/07 budget and priority targets as related to the strategic plan of the Department. The following are key priority programmes for the period 2006 to 2009 and targets for 2006/07 were mentioned as follows:

3.1 Programme 1: Administration

  The  programme  provides  strategic  and  logistical  support  through
  executive and corporate services.


  The allocation for 2006/07 to this programme has increased  from  R288
  255 million for 2005/06 to R358 970 million for 2006/07.  An  increase
  is further anticipated for the 2007/08 financial year.

3.2 Programme 2: Surveys and Mapping

  The programme provides national mapping, aerial photography and  other
  imagery and national control survey systems, in  support  of  national
  infrastructure  and  sustainable   development.   It   also   provides
  professional and technical services in  support  of  land  reform  and
  other public services. The allocation to this programme has  increased
  from R81 255 million  for  2005/06  financial  year  to  R84  501  for
  2006/07.

3.3 Programme 3: Cadastral Surveys

  The programme provides control of all cadastral survey and cadastral
  spatial information services.


  The allocation for this programme has increased from R84 543 million
  for 2005/06 to R95 283 million for 2006/07 financial year.

3.4 Programme 4: Restitution

  The programme takes responsibility for settling land restitution
  claims in accordance with the provisions of the Restitution of Land
  Rights Act (1994), and provides settlement support to beneficiaries.


  The allocation for this programme has increased from R2.7 billion for
  2005/06 financial year to R3.3 billion for 2006/06. An increase is
  anticipated to R3.8 billion for 2007/08 financial year.

3.5 Programme 5: Land Reform

  The programme takes  responsibility  for  providing  sustainable  land
  redistribution programmes, tenure security for all occupiers  of  land
  in South Africa, public land information, and the management of  state
  land.


  The allocation for this programme has increased from R704 699  million
  for 2005/06 to R907 289 million for 2006/07 financial year.

3.6 Programme 6: Spatial Planning and Information

  The programme provides  for  national  land  use  management,  spatial
  planning and spatial information systems.
  The allocation for this programme has increased from R19  222  million
  for 2005/06 to R28 215 million for 2006/07 financial year.

3.7 Programme 7: Auxilliary and associated services

  This programme takes responsibility for augmenting the registration of
  deeds trading account and for acquiring vehicles for departmental use
  and departmental capital works, and provides for a contribution to the
  Public Sector Education and Training Authority.


  The allocation for this programme has increased from R10 219 for
  2005/06 to R12 052 million for 2006/07 financial year.


  The overall total allocation to the Department for 2006/07 is R4.8
  billion as compared to R3.8 billion allocated for 2005/06 financial
  year. It is anticipated to increase to R5.6 billion for 2007/08 and to
  R5.9 billion for 2008/09.

1. Budget of Khula Credit Facility for 2006/07 Khula Land Reform Empowerment Facility is a Section 21 company established by Khula Enterprise Finance Limited in 2003. Its mandate given by the Department of Land Affairs is to advance money received from donors for the establishment of commercially viable projects on redistributed land.

   The project submissions currently in progress are Smile Farmers Group Trust, Doringrug Development Trust, Endulini Development Trust, Welgelegen Dairy Trust. Its budget income for year 2005 was approximately R20 million, in 2006 is R7.7 million compared to R7.8 million for 2007.

   In terms of its business plan, the company is gradually moving away from concentrating on specific provinces when responding to the Committee’s concerns such as inequitable provincial spread, portfolio mix and capacity building.

2. Budget of Commission on Restitution of Land Rights for 2006/07

   This Commission was established in terms of the Restitution Act, 1994 (Act No. 22 of 1994). Its mandate is to provide equitable redress to victims of racial land dispossession. It provides access to rights in land, including land ownership and sustainable development; and to foster national reconciliation and stability. It also improves household welfare, underpinning economic growth, and contributing to poverty alleviation.

   In the 2005 State of the Nation Address, the President extended the settlement of restitution by three years until 2008. Much more, the directive for government was to allocate additional resources over the next three years to cover outstanding claims in the land restitution programme. The Minister of Finance announced in the subsequent parliamentary speech a R6 billion increase to the restitution budget for the next three years.

   The budget of the Commission has been increased from R2.7 billion in 2005/06 to R3.1 billion in 2006/07 financial years. For the MTEF period the budget will amount to R9.7 billion. This demonstrates the political will to support Land Reform in South Africa.

3. Budget of KwaZulu-Natal Ingonyama Trust Board for 2006/07

   The Ingonyama Trust was established in terms of the KwaZulu-Natal Ingonyama Trust Act, 1994 (Act No. 3 of 1994). The Act was amended by the National Act of 1997 (Act No. 9 of 1997). The KwaZulu-Natal Ingonyama Trust Amendment Act provided for the establishment of the Ingonyama Trust Board.

   Its core business is to manage its 2,7 million hectares of land throughout KwaZulu-Natal, for the material benefit and social wellbeing of individual tribe members.

   Ingonyama Trust Board fund income comprises income earned from leases, royalties and investments.The budgeted amount for 2006/07 is R14 151 077 million, which makes up 86.2% of the total income budget.

   In addition to this amount, R2 242 000 million is received from the Department of Land Affairs as a transfer payment which makes up the remaining 13.80% of the total income budget.

   In terms of the disbursement policy of the Board, 90% of the income earned from trading activities is to be utilised for the benefit of the communities, and 10% of the income earned is to be retained for Board expenses. The total budget amounting to R16.3 million is a 6.2% increase on the budget prepared for 2005/06.

4. Committee observations on budgets for 2006/07

7.1 Department of Land Affairs The Committee considered and welcomed the budget and encouraged the Department of Land Affairs to consider the following issues:

7.1.1 Land Redistribution for Agricultural Development (LRAD) is a joint venture between the Department of Land Affairs and Department of Agriculture, yet the difficulty is who has the final responsibility of ensuring that provincial departments spend allocated money effectively;

7.1.2 To what extent is the inter-departmental integration being enhanced;

7.1.3 In the past years, it was indicated to the Committee that there were Sections of the Department still facing transformation issues due to lack of scarce skills, like land surveying - a skill currently available to whites. It is still not clear how the Department is planning to address this challenge;

7.1.4 For the Government to allocate resources efficiently, it is important for the Committee to ascertain and understand the impact of land reform programmes on the lives of the poor. However, the Committee still finds it difficult to understand how strong the monitoring and evaluation capacity of the Department is to carry out this work;

7.1.5 The level of co-operation between the Department of Land Affairs and the Department of Public Works on issues of State Land Disposal;

7.1.6 A strategy must be developed to ensure that land reform beneficiaries have direct access to support from Comprehensive Agricultural Support Programme (CASP) and Micro-Agricultural Financial Institutions of South Africa (MAFISA). It is encouraged that the awareness of the availability of such support must be upgraded;

7.1.7 Specific services and support by the Spatial Planning and Information programme to the land redistribution programme;

7.1.8 There is an estimation that the restitution programme may spend only R1.9 billion of the R2.7 billion allocated budget by the end of the financial yea. It is not clear to Committee whether the estimation is justified; and

7.1.9 The Committee notes there is grey area between the White Paper on Land Reform and the Constitution of the Republic. The Committee seeks clarity on this area.

 The Committee further agreed that with effect from the 1st April 2006,
 the Department will report on a quarterly basis to Parliament through
 interaction with the Committee on all issues relating to land affairs.

7.2 Khula Credit Facility

  The committee accepted the budget and the business plan for the
 ensuing financial year,
  requested Khula Credit Facility to consider the following issues:

7.2.1 It is not clear what mechanism is used to determine where funds should be allocated;

7.2.2 The relationship between Khula Credit Facility and the Land Bank is not clear yet - their goals seem to be the same;

7.2.3 The relationship of Khula and the community co-operatives needs to clearly defined; and

1. The spread allocation of money still favours the Western Cape province.

7.3 Commission on Restitution of Land Rights for 2006/07

  The Committee  considered  the  budget  and  the  strategic  plan  for
  2006/07, and expressed the following concerns:

1. The Commission reported that only 2 922 urban claims remained unsettled by December 2005. In view of the challenges posed by the rural settlement of community claims, the Committee is not sure about the practical strategy of the Commission in place to ensure that the target of settling all urban claims before the end of 2006/07 financial year is achieved;

2. Government has often been accused for restoring commercial viable land to beneficiaries without any adequate support, the Committee is still very much interested to see a tangible post-settlement support strategy;

3. Depending on the nature of the settlement, restitution beneficiaries are entitled to the Settlement Discretionary Grant (R3000 per household) and restitution Discretionary Grant (R1 140 per household). The concern is for how long has the amount of these grants remained the same and when the Commission intends to review these figures?

4. The President has indicated that the Government will review the willing-seller, willing-buyer approach. In the context of restitution, the Committee is interested to know in what ways will that review affect the strategic plan of the Commission, especially its medium–term targets;

5. Whether the budget of the Commission addresses adequately the funding for anticipated expropriation;

6. Time and financial constraints that expropriation may have on the settlement of the remaining claims; and

7. The capacity of the Commission to access and evaluate business proposals developed by strategic partners for beneficiaries need to be closely monitored.

8. KwaZulu-Natal Ingonyama Trust Board

   The Committee accepted the budget and the business plan for 2006/07 of the Ingonyama Trust Board, and raised the following concerns:

9. The benefits from the privatisation of forests and the impact of that privatisation to communities;

10. There is a need to determine who benefits most in terms of the employment opportunities when deals are entered into with private companies;

11. The Board must quantify the challenges posed by the implementation of the Communal Land Rights Act and the extent to which traditional authorities benefit from the income grant should also be quantified.

12. Committee recommendations

    The Committee recommended the following:

8.1 To revisit and reconsider the issue of forestry privatisation and assess the impact thereof in relation to employment opportunities and other benefits including ownership; and

8.2 To look whether the land in question (land being privatised) does not fall under claimed land and how would this relate to the Communal Land Rights Act, and the involvement of the traditional authorities; and that there must be a speedy implementation of the Communal Land Rights Act, with all stakeholders participating for the benefit of the communities as well as the business entities.

1. Conclusion

 For  government  to  achieve  the  30%  distribution  of  land  to  the
 previously disadvantaged people by 2014, the pace of land  reform  must
 be  accelerated.   So  far,  the  restitution  programme  is  the  only
 programme that shows a significant increase in pace, as more  resources
 are made available.


 For the  financial  year  ending  31  March  2007,  the  Commission  on
 Restitution of Land Rights (CRLR) target to settle a  total  of  8  651
 claims.  While the process settlement of  rural  claims  presented  the
 Commission with various problems, the major challenge will be providing
 adequate support to land restored to restitution beneficiaries.


 The target of the Commission is to ensure that all developmental  plans
 are in place within six months of approval of claim by the Minister, of
 which the Commission may not have the capacity to achieve this target.


 The target of the Department is to dispose of 41 143 ha of  State  land
 to the land reform programme before the end of the financial. In total,
 the land reform programme aims to make   224 777 hectares available for
 redistribution.

 The review of the ‘willing-seller,  willing-buyer’  principle  and  the
 review of land acquisition models will have a significant impact on the
 availability of land for redistribution, which will in turn affect  the
 land reform budget.

 The Committee extends special appreciation to the  Director-General  of
 the
 Department, programme managers within the Department, and all heads  of
 associated entities for making time to appear before the Committee.

                               18,317

                                7,611

                               10,706

                                TOTAL

                                 457

                                 94

                                 363

                              Sandwich
                           (Long Vacation)

                                5,398

                                3,058

                                2,340

                         Distance Education

                               12,462

                                4,459

                                8,003

                              Full Time

                                Total

                               Female

                                Male

                              Category

                                 889

                                 201

                                 688

                        Technology Education

                                 810

                                 269

                                 541

                            Creative Arts

                                12462

                                4459

                                8003

                                Total

                                2517

                                1103

                                1414

                         Educational Studies

                                2420

                                 853

                                1567

                               Science

                                1999

                                 805

                                1194

                              Languages

                               ?@W^Ïü