National Assembly - 19 October 2006
THURSDAY, 19 OCTOBER 2006
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PROCEEDINGS OF THE NATIONAL ASSEMBLY
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The House met at 14:00.
Acting Speaker Mr G Q M Doidge took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
REQUEST FOR RULING ON DISCUSSION OF TRAVELGATE
The CHIEF WHIP OF THE OPPOSITION: Chairperson, at the commencement of the sitting on Tuesday you issued a request, on behalf of the presiding officers, to members of the House to refrain from discussing the Travelgate scandal, if I could put it that way, on the basis that the Chair needed an opportunity to consider the judgment.
Now we sit with a situation in which a number of hon members of this House have been convicted of criminal offences involving dishonesty. May I ask when you are going to give a ruling, so that we can start debating a matter that is of considerable public importance? The ACTING SPEAKER (Mr G Q M Doidge): Mr Gibson, up until the time of our coming into the House, we have not been able to have access to the actual signed script by the judge. As soon as we do that – I’m glad that you’ve raised this matter – we’ll certainly try to expedite the matter for the benefit of the House. Thank you very much.
NOTICE OF MOTION
Mr M WATERS: Chair, I hereby give notice that I intend moving the following motion:
That this House debates the 16 Days of Activism for No Violence against Women and children and how we can resource our agencies properly.
20th ANNIVERSARY OF DEATH OF PRESIDENT SAMORA MACHEL
(Draft Resolution)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Acting Speaker, I move without notice:
That the House-
1) notes that today, 19 October 2006, marks the 20th anniversary of the
tragic death of the first President of independent Mozambique,
Comrade Samora Moses Machel;
2) recalls that President Samora Machel was a towering giant of African
efforts for peace and democracy and that he dedicated his life to
our own liberation and that his ideas and his deeds are a material
force in the struggle for total emancipation of humanity;
3) recognises that the blood he shed on our soil is and will forever be
a fountain of freedom for all our people;
4) further recognises that on this historic day President Thabo Mbeki
and President Armondo Guebuza of Mozambique, the Machel family and
other guests will gather at Mbuzini where their fellow-combatant,
Samora Machel, lost his life and that they will unveil a monument
that will symbolise the common suffering of the people of Southern
Africa, a tribute to their heroism, and a solemn affirmation that
we share a common destiny of liberty, peace and social progress;
5) acknowledges that the life of this great leader, organiser and
fighter for freedom and social justice bequeaths to humanity a
legacy that epitomises heroism and commitment to the cause of the
poor;
6) believes that he was one of the most outstanding leaders of our
continent, one of its best brains, an unsurpassed fighter who fought
for the whole of Southern Africa to be free; and
7) remains steadfast in its call that the mystery surrounding his death
be resolved soon.
Motion agreed to.
FORMATION OF X-PROFESSIONAL SOCCER PLAYERS (PTY) LTD WELCOMED
(Draft Resolution)
Rev K R J MESHOE: Chairperson, I move without notice:
That the House-
(1) welcomes the formation of X-Professional Soccer Players (Pty) Ltd by the legendary Jomo Sono and Kaizer Motaung about a week ago;
(2) commends these two soccer greats and visionaries for their plans to improve the lives of retired players and others involved in the sport, many of them forgotten today;
(3) agrees that South Africans who were involved in professional soccer should participate in one way or the other in the 2010 Soccer World Cup, and that, where possible, they should be equipped and empowered as tour guides and drivers for the benefit of soccer lovers who will be in the country during the games; and
(4) supports efforts to assist this newly formed body with registration to ensure that those who have given much to this much-loved sport enjoy a better life, and that when they pass on into eternity, they will have a decent funeral.
Motion agreed to.
MOTION OF CONDOLENCE
(The late Mr J Z Kati)
THE DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, on behalf of the Chief Whip of the Majority Party, I move the draft resolution printed in his name on the Order Paper, as follows:
That the House –
(1) notes with profound sadness that, on Friday, 29 September 2006, the hon utata James Zamiwonga “Castro” Kati passed away;
(2) recognises that the hon Kati was a South African patriot who spent all his life in the struggle for peace, democracy and social progress in this country and the broader humanity;
(3) recalls that Dlomo, by his clan name as he was affectionately called in his community, throughout his life, embodied the courage and vision that characterise the majority of the people of our country and the continent;
(4) remembers that “Castro”, as he was known amongst his comrades, was amongst the first recruits of Umkhonto We Sizwe, serving with comrades like Vuyisile Mini, Wilson Khayinga and many others;
(5) further remembers that he was tortured and jailed several times by the security police of the former apartheid and Transkei homeland governments;
(6) acknowledges the great contribution that the late Hon Kati made as a Member of Parliament and notes that he served in various portfolio committees, including Water Affairs and Forestry, where he was an advocate for rural development, always pleading for the provision of basic services such as water and sanitation for rural communities;
(7) believes that he discharged his responsibilities with dedication, discipline, diligence and humility and that the life of this great leader epitomises heroism and commitment to the cause of the poor; and
(8) conveys its condolences to the Kati family, the African National Congress and the South African Communist Party.
Ms J A SEMPLE: Chairperson, hon members of the House, it is with great sadness today that I commemorate the passing of James Kati. I knew him from the Portfolio Committee on Water Affairs and Forestry. The first time I met him was on an oversight visit to Pretoria earlier this year, when he arrived with his customary grace and dignity, dressed beautifully in a pale brown suit and a wonderful trilby hat, which I think epitomised the gentleman that he was.
The trilby hat and the suit reminded me so much of my own father when he used to go to the horse racing every Saturday, dressed in much the same kind of outfit, and they were probably much the same age.
James Kati was born in the village of Ngcobo in the Eastern Cape, on 4 January 1924. He started his life in politics, in the ANC, very early. In fact, he was imprisoned at least three times. The first time was in 1952, and then again in the 1960s when he was sentenced to 11 years of imprisonment. He was released in 1972, after eight years on Robben Island, and was restricted to Ngcobo for two years. He was arrested again in 1977 for recruiting youths to undergo military training abroad. From then on he was in and out of detention, between 1978 and 1981.
In 1981 Mr Kati’s wife, Nongelina, died whilst he and his daughter were being held by the Transkei security police, and he had to attend her funeral under heavy police escort. In 1996 he told the Truth Commission in Mthatha of the terrible torture that he endured at the hands of the security police.
I said earlier that the hon James Kati was a real gentleman, and it was quite evident from the way he treated me in the portfolio committee that he bore no resentment for the treatment that he had previously been accorded. For that – and to many other members of the ANC – I think we should be truly grateful.
He will be remembered especially for his moving speech at the 16 Days of Activism, where he told Parliament in the debate how his two-year-old granddaughter was raped by a thirty-year-old man. And while it is perhaps easier to endure torture and pain inflicted on yourself, it must be insufferably more difficult to do when it’s done to your two-year-old granddaughter. I wish to salute the spirit of this very humble, but great man, who, apparently, even when he was on Robben Island was known as a peacemaker and was called in when there was some kind of unhappiness or dispute amongst the people there to try to sort things out.
Hamba kahle, Baba uKati! [Go well, Mr Kati!] [Applause.]
Nkul M W SIBUYANA: Eka mutshami wa xitulu, vachaviseki hinkwavo i siku ra gome namunthla leswi hi nga lahlekeriwa hi munghana wa hina, hi kwalaho ndzi ti twa ndzi fundziwile loko vurhangerhi bya IFP byi rhumile mina ku fundzisa marito yo rilela ndyyangu wa muchaviseki Khathi na nhlangano wa yena ANC. Hikuva a dyadyekile joko ro korhokela Afrika Dzonga ni Komiti ya ta Mati ni Swihlahla.
A a rimunghana yo tshembheka ni ku xiximeka a a rhandza ntirho yo korhokela vaaka-tiko hambi loko mirhi wa yena wu tsanile. Ndzi n’wi vonile a wa kambirhi ePitori a ko a komberiwa ku ya wisa ehotele. A a vulavula na mina hi ririmi leri ndzi n’wi rilaka hi rona sweswi. Matimu ya yena ya komba vunhenha. Ndzi ni xivundza ekomitini ya ta Mati ni Swihlahla. [Mavoko.]
Varhangeri vo fana na Kati va pfumaleka. Loko nhonga ya yena a yi vekile ya ku tshembheka, ku rhandza vanhu ni ku rhandza vatirhikulobye yi ri ehansi yi ta lava loyi a nga ta swikota ku yi teka a ya na yona emahlweni. Etlela hi ku rhula munghana wa mina. Xikwembu a xi hi nyikile. Xikwembu xi tekile. Inkomu. (Translation of Xitsonga speech follows.)
[Mr M W SIBUYANA: Hon Chairperson, honourable members, today is a sad day because we have lost our friend. I therefore feel honoured to have been mandated by the leadership of the IFP to convey our condolences to the family of the honourable Kati and also to his party, the ANC. He has relinquished his responsibility of serving South Africa and the Portfolio Committee on Water Affairs and Forestry.
He was a trustworthy and respectable friend who loved to serve the community even when he was not feeling well. I saw him fall twice while we were in Pretoria, and he was then advised to go and rest at the hotel. He spoke to me in the language that I am using now. His history shows heroism. I am now lonely in the Portfolio Committee on Water Affairs and Forestry. [Applause.]
Leaders of Kati’s calibre are hard to find. Now that he has relinquished his baton of trustworthiness, of loving people and his colleagues, someone needs to pick it up and continue where he left off. Rest in peace, my friend. God had given us a gift; He has now taken it back.]
Mr J BICI: Chairperson, hon members, the UDM joins the House in paying tribute to the late hon Z J Kati and bids this gallant son of the soil farewell. We extend our heartfelt condolences to his family, friends, colleagues and the whole community of South Africa during this time of bereavement.
The late hon Kati was a dedicated democrat, committed to the hopes and ideals of a free and united South Africa. We hope that the loved ones of the late hon Kati will find consolation in the fact that the legacy of all democrats lives on in the activities and debates of this Parliament. Our thoughts and prayers are with them. May his soul rest in peace. Thank you. [Applause.]
Rev K R J MESHOE: Chairperson, the ACDP conveys its condolences to the family, friends and colleagues of the late hon James Kati. The ACDP sends this message of comfort and love to the bereaved family and friends, and we urge them to be filled with peace and gratitude that this esteemed gentleman is now free from all physical pain and suffering.
God in his grace and mercy blessed Mr Kati with long life and led him through happiness as well as harsh and formidable trials. Despite the obstacles with which he was faced, the hon James Kati has left his mark on the country, on society and on Parliament. His fruitfulness was strengthened by a love for the poor. He abhorred injustice and was often pained by acts of unfairness that robbed South Africans of their God-given dignity. May he always be remembered with respect. Our thoughts and prayers are with the family. Thank you. [Applause.]
Mr N T GODI: Thank you, Chairperson. The PAC of Azania dips its revolutionary banner in remembrance and honour of the late Comrade Zamiwonga Kati. We convey our heartfelt condolences and solidarity with his family and the congress movement.
As a liberation movement, we understand and share your pain for what you have to face with the continuous deterioration of health and loss of our veterans. Their knowledge and experience accumulated through years of struggle are invaluable in building and consolidating the new generation of cadres which will deepen and advance the national democratic revolution to its logical conclusion.
Comrade Kati’s political life is indeed an awe-inspiring epitome of tenacity, selflessness, self-sacrifice, dedication and commitment to the cause of the people. He belongs to a generation of cadres and leaders who were driven by the altruistic ideals of the liberation movement, who sacrificed everything, expecting nothing personal in return but the common good of all, who always put the interests of the collective and the majority first, before personal considerations.
Comrade Kati not only fought for liberation, but had an opportunity to contribute as well to the reconstruction and transformation of our country. He took to this latter task of the continuing struggle he with equal vigour. Though progress has been made, he would be the first to acknowledge that it is a work in progress.
Siyi-PAC sithi, hamba kakuhle Dlomo, hamba kakuhle Qabane uCastro. Owakho umsebenzi uwenzile. Njengokuba sele uye kuzinza kwihlabathi elingaphesheya, uze usibulisele kwiinkokeli zikaPoqo owawunazo esiQithini; ooSobukhwe, ooMothopeng, ooPokela, ooMasemola, ooNkumane, ooMabatho, Enoch Zulu nabanye. Uze ubaxelele ukuba sisayibambile. [Kwaqhwatywa.] (Translation of isiXhosa paragraph follows.)
[The PAC bids farewell to you, Dlomo, comrade Castro. You have played your role well. As you settle in the yonder world, greet those heroes of Pan- Africanism such as Sobukhwe, Mothopeng, Pokela, Masemola, Nkumane, Mabatho, Enoch Zulu and others with whom you were imprisoned at Robben Island. Please assure them that the struggle continues. [Applause.]]
Nk M M MDLALOSE: Ngiyanibingelela. U-Nadeco uyakhala, futhi uyabonga kuMdali ngempilo nokusebenza kukababa uKati. Simfisela ukuphumula okuhle. Sengathi uSomandla anganika induduzo efaneleyo emndenini nasezihlotsheni zakhe.
Ekugcineni, ngithi sizwelena neqembu le-ANC alisebenzele empilweni yakhe. Siyabonga. [Ihlombe.] (Translation of isiZulu speech follows.)
[Ms M M MDLALOSE: I greet you all. Nadeco is saddened by the news and at the same time thanks the Creator for the life and the works of Mr Kati. We wish him a deserved rest. May the Almighty God comfort the bereaved family and friends.
In conclusion, we say we feel sorry for the ANC with this loss; for he worked for it for a major part of his life. I thank you. [Applause.]]
Rre P H K DITSHETELO: Modulasetulo, UCDP e lela le ba ga rre Kati mo nakong e ba leng mo go yona e. Re utlwile ka mokgwa o go builweng ka ga rre Kati maabane gore e ne e le motho yo o ntseng jang. Nna, jaaka ke dirile le ena mo Lefapheng la Merero ya Metsi le Dikgwa, ke mo itse e le motho yo o didimetseng, yo o akanyetsang kwa teng. E ne e le motho yo o akanyetsang batho. Mo le tsamayang teng, bogolosegolo le bua ka metsi, o ne a utlwisiwa botlhoko ke gore go sa ntse go na le batho ba ba sa ntseng ba sa fitlhelelwe ke ditirelo tsa metsi.
Motho yo o reng a le mo lefatsheng a akanyetse batho ba bangwe, a tlhoke go ikakanyetsa ka boena, ke ena motho yo o tlhokofalang ka gonne e le ena motho yo o kwa pele ga dilo tsotlhe. Ga a iteba. E ne e le motho fela yo o seng matlhagatlhaga. E le motho fela yo o godileng, yo o tsayang batho botlhe ka maitseo a a ba tshwanetseng. E kete baga Kati le ba lekgotla la ANC ba ka itse fa re lela le bona mo nakong e ya lefifi mme ke kopa gore ba tlogele James Kati a tsamaye ka kagiso. O dirile se a neng a tshwanetse go se dira mme o ne a tshwanelwa ke go ikhutsa. A Modimo o nne le ena. [Legofi.] (Translation of Setswana speech follows.)
[Mr P H K DITSHETELO: Chairperson, the UCDP would like to convey its deepest sympathy to the family of Mr Kati during their mourning period. We heard yesterday how people spoke about Mr Kati and what kind of a person he was. I worked with him in the Department of Water Affairs and Forestry and knew him as a very quiet, quick-witted person. He was very thoughtful of other people. Wherever we went, especially when we spoke about water, he would be touched to learn that there were still some people who did not have access to water.
A considerate person is very important in many things. He was not selfish. However, he was not active. He was just an elderly person who respected everyone. I would like to assure the Kati family that the ANC is mourning with them in this difficult time and they should accept what happened to let James Kati rest in peace. He did what he had to do and now it is time for him to rest. God be with him. [Applause.]]
Ms S RAJBALLY: Chairperson, all faiths believe that there is a tree in heaven and every one of our names is inscribed on the leaves. When a person is born, a new leaf forms and when we expire the leaf detaches and falls.
Our tree is a bit different as we lose great people such as the late James “Castro” Kati, one of the names amongst the great nation-builders, freedom fighters and comrades who watered this tree of democracy, fed its soil and gave it sunlight.
On behalf of the MF, I extend sincere condolences to the bereaved family, friends and loved ones, the ANC and the nation for the loss of this remarkable man who dedicated himself to the upliftment of the poor, the freedom of the nation and the democracy of South Africa.
Comrade “Castro”, we salute you and promise to continue your quest to liberate South Africa from the shackles of poverty. We further extend our condolences to the Portfolio Committee on Water Affairs and Forestry and the Chris Hani District Municipality in the Eastern Cape in which Kati served. Hon Kati, may you rest in peace. Thank you. [Applause.]
Mr S SIMMONS: Chair, the UPSA notes with deep regret the passing on of the hon J Z Kati. The UPSA acknowledges the levels of dedication, discipline and diligence with which he discharged his duties, as pointed out by the hon Deputy Chief Whip of the Majority Party, and trusts that we, his colleagues, will honour him by maintaining the same standards he set.
The UPSA wishes to convey its sincere condolences to the Kati family and the ANC. May his soul rest in peace. Thank you. [Applause.]
Ms I W DIREKO: Chairperson, hon members, colleagues, friends and comrades, I came to know the late Comrade Kati 12 years ago when we were all moved to the older persons’ village, that is Pelican Park. [Laughter.] Yes, I have been old for some time now. We grew into a family, which met at Mr Mokwae’s house every Friday evening just to exchange history - oral history. [Laughter.] [Applause.] I count myself extremely fortunate to have had that exposure.
But, of course, I rise on behalf of the ANC, its alliance partners and the entire democratic movement to convey our deepest condolences to the family, friends and colleagues of the late James Zamiwonga Kati on his untimely death. It is untimely because he needed to live a little longer.
There are no words big enough to describe the immense loss the death of Comrade James Kati has inflicted on our movement during these trying times when his rich experience and wisdom will be needed most to resolve the problems of our people.
I am tempted to say, as I usually say when addressing the youth, “Once a teacher always a teacher.” And, in this regard, I always found in others, but in Comrade Kati in particular, the best teacher of our revolution, given his long uninterrupted life, service, dedication and commitment to our struggle.
Belonging as he did to the generations of the 1960s of our movement, the Luthuli Detachment that he served selflessly without any desire for material or other rewards in kind, James Kati embodied the type of values that have anchored our movement for decades as an invincible force against the forces of reaction, oppression and domination. He served all three components of our revolutionary alliance: the ANC, the trade union movement and the SA Communist Party with distinction at his tender age, without any temptation to elevate his allegiance to any of the components above his allegiance to the ANC.
James Kati died understanding the multiclass character of the ANC, which we call the broad church, whose aim is to unite and lead all other social strata and classes for fundamental change and transformation to resolve national grievances.
Whilst he was a disciplined member of the SACP, he never wavered in his understanding and conviction that at the head of our struggle for national liberation is the ANC, behind which all alliance partners must rally to build and strengthen and, if need be, pay with their lives. His name will forever be on the roll call of the youth of the 1940s who changed the ANC into a powerful mass movement at the service of the people for their own liberation.
He is furthering the roll call of those youth who lived their entire lives in accordance with Moses Kotane’s philosophy. He said, and I quote:
At this hour of destiny, the country and its people need you. The future is in your hands and it will be what you make of it.
We are proud that James Kati and his generation have delivered to us our freedom. He lived no life except the life of the struggle. His was a life of trials and tribulations that deprived him of even the noblest opportunity to be with his family in exchange for his service to the nation.
We in the ANC are proud to have been associated with a person of Kati’s standing and selflessness in the cause of freedom.
Maybe one of the questions we must ponder is what it is that we as Parliament should do, or have as a standing order, to honour people like Comrade James Kati for posterity. I am raising this question because the history of this Parliament will be incomplete if it doesn’t dedicate a chapter to Govan Mbeki, Wilton Mkwayi, Steve Tshwete, James Kati and all others for generations to come, so that they can draw lessons about indelible contributions that they have made to the cause of our struggle for liberation.
In conclusion, allow me to challenge the youth within this House and outside this House regarding the future and ask them if we can entrust the future of this country in their hands, as Moses Kotane did when James Kati and others volunteered to fight for the liberation of this country.
To his family, I want to say: Your loss and pain is the loss of the entire democratic movement and the nation at large. However, we take solace in the fact that his spirit will forever prevail amongst us in the generations to come. May his soul receive the rest it deserves. I thank you. [Applause.]
Debate concluded.
Motion agreed to, members standing.
The ACTING SPEAKER (Mr G Q M Doidge): The condolences of the House will be conveyed to the Kati family, the ANC and the SA Communist Party.
DUMPING OF TOXIC WASTE IN AFRICA
(Member’s Statement) Mr M RAMGOBIN (ANC): Mr Chairperson, the ANC believes that a healthy environment is a prerequisite for the regeneration of Africa and global coexistence. Industrialists in the Western world have for far too long used many parts of Africa as a dumping ground for their industrial toxic waste.
Alongside this was the connivance of certain African leaders in being bribed to use places in their countries, as was the case in Abidjan, in terms of which a Russian ship flying a Panamanian flag carried and dumped industrial waste in various parts of Abidjan. The authorities in Abidjan were allegedly bribed and paid the equivalent of R2 million by this company.
We salute the authorities of Nigeria, Ghana and Cameroon for disallowing the dumping of this industrial waste in their countries, but we condemn both the Russian company and the corrupt officials in Abidjan for engaging in activities that militate against Africa’s programme of democracy, peace, good governance and the preservation of our environment. We salute the civil society of Abidjan for taking a positive and militant stand against toxic dumping. I thank you. [Applause.]
DEPARTMENTAL EXPENDITURE ON BUDGET VOTE PARTIES
(Member’s Statement)
Ms A M DREYER (DA): Mr Speaker, an analysis of audit opinions on government departments for the past financial year shows that no audit qualifications from the previous year had been lifted and that government financial management has in fact deteriorated. Yet government is celebrating, spending R2 million on Budget Vote parties this year.
Minerals and Energy, with public entity PetroSA, still trying to recoup R11 million from Imvume Management, is hosting the most expensive party - more than R280 000. Agriculture and Land Affairs, battling to perform its core function, shows an increase of 5 000% in the cost of their party over the last year. Public Enterprises, not being very public-minded, entertained only 36 guests at their party, but managed to spend R3 800 per person.
Ministers must explain to the public why they are holding lavish parties while service delivery is failing and corruption is rife. [Interjections.]
INDIA-BRAZIL-SOUTH AFRICA SUMMIT IN BRASILIA
(Member’s Statement)
Prince N E ZULU (IFP): Madam Speaker, it is gratifying that the three countries, India, Brazil and South Africa, met in their historic summit in Brasilia last month, where important issues were discussed and thrashed out. The reaffirmation of their commitment to promoting peace, security and sustainable economic development is a signal that the plight of their poor communities, who feel threatened by hunger, disease, poverty and insecurity all the days of their lives, will be addressed passionately.
Such experience is a glaring reality in the South African situation. I, a member from the poor communities, am heartened to hear about the kind of economic development espoused by the IBSA summit - that it is one that must be sustainable, must be job creating and must close the gap between the poor and the rich. We yearn for the day when we see these things become a reality, because the plight of those previously disadvantaged seems to continue without an end in sight, that this is realised, notwithstanding government’s concerted efforts for the better.
The heads of state at this summit further reiterated their support for the comprehensive reform of the United Nations body from the fundamentals of 1945 to what the present era requires of it. We will continue to welcome and appreciate the decision of this body to award South Africa a seat on the Security Council, though not permanent.
It is my belief that in the two-year tenure on the council South Africa will be able to prove her worth among the community of nations. South Africa is thus challenged to fine-tune her actions at home so that the world may not read and judge us for what we are at home, which may be at variance with what is expected of us in the world. Thank you. [Time expired.]
DONATION OF COMPUTERS TO SOWETO PRIMARY SCHOOL BY CENTRAL ENERGY FUND
(Member’s Statement)
Ms N D NGCENGWANE (ANC): Chairperson, South Africans, under the leadership of the ANC-led government, have been working together with our people to build a country of peace and harmony and a land of expanding opportunities. The ANC is heartened by the donation of computers worth more than R100 000 made by the Central Energy Fund to the Hitekani Primary School in Tshiawelo, Soweto.
The donation means that the 800 learners in the school will, by the time they reach high school, be computer literate, unlike thousands of other learners in their area, an area where high unemployment makes it difficult for parents to send their children to affluent schools with all the facilities.
Teachers from neighbouring schools, the community policing forum and representatives from the SA Police Service at the launch of the computer laboratory at the school all promised to work together in ensuring the safety of the computers. The ANC urges other role-players within the business community to emulate this shining example. I thank you.
VIOLENCE AND CRIME IN SCHOOLS
(Member’s Statement)
Mr H B CUPIDO (ACDP): Chairperson, the ACDP draws the attention of the House to what is developing into a state of emergency in our schools. It is not necessary for me to list all the gruesome and shocking incidents of violence that have recently taken place. All of us as parents, grandparents, parliamentarians and South Africans know that the situation in our schools has reached a point of crisis.
While the ACDP applauds and supports all efforts by government to address school-based violence in our country, we nevertheless have to raise our concerns about the noble intentions and plans that will not produce the desired results.
Last night on SABC news at 7pm the deputy principal of Forest High School was shown highlighting the ineffectiveness of alternative methods of discipline that had been introduced in the schools. He said, “When you talk about demerit to students they laugh at you, and when you try to use detention they do not pitch up.” About random drug testing, teachers say that it will not address the root problem of violence in the schools.
The ACDP believes the root problem in our schools is the lack of discipline and the undermining of authority. The House must urgently look into how to address these root problems so that both our pupils and educators can feel safe on school grounds and so that parents will not have to worry about the safety of their children during school hours. Thank you. [Interjections.]
FREEDOM OF SPEECH IN THE SABC
(Member’s Statement)
Mr V C GORE (ID): Hon Chair, to mark International Press Freedom Day in 2001, our President, President Thabo Mbeki, said the following:
Nor can any of us remain content while press freedom in its fullest sense remains in practice something enjoyed mainly by an elite - urban rather than rural, rich rather than poor, industrialised rather than developing.
Until the ANC government roots out the ANC propagandists from the SABC, the President’s words will be meaningless. Our poor watch and listen to the public broadcaster in their millions, and those who censure them are treating them with the same contempt they suffered at the hands of the National Party.
If it were not for journalists of the calibre of SAfm’s Nikiwe Bikitsha, John Perlman and a number of others who fight the good fights against censorship and interference by the ANC’s propaganda lieutenant Snuki Zikalala, I would say the fight was lost. But the fight is not lost, thanks to these journalists and the Mail & Guardian who, by publishing the full report on their website saved the ID the trouble of having to fill out forms in terms of the Promotion of Access to Information Act.
The SABC’s lawyers’ argument that a failure to remove the report from the website would lead to irrevocable harm to the SABC’s employers, some of whom would have to resign, is what the board should be using to fire Zikalala and the chairman. My message to the journalists at the SABC is this: Your CEO may have lied when he said heads would roll and Zikalala may think he is in the ANC’s parliamentary caucus, but we cannot afford to lose you.
I just wish CEO Dali Mpofu could at least, at the outset of the … [Time expired.]
DA-LED LOCAL GOVERNMENT PASSES LAW RESTRICTING STREET VENDORS
(Member’s Statement) UMnu M R SONTO (anc): Amava nolwazi esinalo singuKhongolose enza ukuba ingasothusi into eyenziweyo yokuphumeza umthetho ovumela ukubanjwa kwabantu abarhweba kungqameko lweendlela zeSixeko saseKapa kwanabo baphacuza, befuna umsebenzi nguMasipala weSixeko saseKapa olawulwa yi-DA neengqeqana zayo.. Lo mthetho unika umasipala amagunya okutshutshisa angcungcuthekisa abo baphila ngokurhweba ngokusemthethweni, bephila ngobo buncinanana babufumana ngokuthengwa kwabakuthengisayo. Lo mthetho ude ugqithele kwabo baphacuza bembanguzela imisebenzi, izisu zisemqolo.
Ezi ntsizana zilindelwe yile ntshutshiso ye-DA ingenanceba nalusini ngabantsundu, abeBala namaNdiya, nto leyo ke ekhwinisayo ngokuzinikela kwe- DA ekuncedisaneni neenzame zokuphelisa indlala nokuphatha abantu baseKapa ngeendlela ezahlukeneyo. Yilaa mithetho yakudala yamapasi nqo! SinguKhongolose siya kuthi gqolo ekulweni ucalu-calulo nasekuncediseni kwiinzame zokulwisana nendlala. Ndiyabulela. [Kwaqhwatywa.] (Translation of isiXhosa member’s statement follows.)
[Mr M R SONTO (ANC): Our experience and knowledge as the ANC lead us not to be surprised at the adoption by the Cape Town City Council of a law which provides for the arrest of people trading on the kerbside and those who walk up and down looking for jobs. This law grants the council powers to prosecute those who trade illegally. This ruling even extends to those who walk around looking for work with empty stomachs. These poor black, coloured and Indian people face continuous prosecution from the DA who show no mercy towards them, something that raises questions about their commitment to the alleviation of poverty and serving all the people of the province of the Western Cape. These times are no different to those of pass laws! The ANC will continue to fight against discrimination and assist with alleviating poverty. Thank you. [Applause.]]
WELCOME TO VISITORS FROM USA
(Member’s Statement)
Mr L M GREEN (FD): Chairperson, it is a great honour and privilege for the FD to welcome our African-American friends from Atlanta, Georgia, today. They are with us in the public gallery. They have travelled, I think, at least 18 hours across the waters to be with us in Parliament today.
I would like to say a special word of welcome to Bishop Joseph Guthrie and his wife Dr Jeannivee Guthrie, who have been appointed over the diocese of the Western Cape by the Pentecostal Assemblies of the World. The Guthries have been doing sterling Christian work throughout Africa in Ghana, Liberia, Nigeria and South Africa.
Their emphasis has always been on nutritional security for children, especially those children in townships and informal settlements. We commend them for launching the Joseph and Jeannivee Guthrie Trust Fund – a charity organisation and educational trust fund which aims to build clinics, hospitals and churches; provide welfare and medical care for those in need; bring relief to those that are poor; promote food security; and promote the advancement of Christian education.
I would also like to say a special word of welcome to Michael and Silvia Marshal of the N2K Atlanta, Georgia, who are in South Africa to train young South Africans in economics and investment strategies. They have visited our JSE and are impressed with our financial systems.
Also in the House today are missionaries Deacon Seay and Marlene Stevenson and our friends from Johannesburg, and we recognise their hard work in our nation. May God bless their stay and we trust that we will have a fruitful working relationship with them. May God bless them! I thank you. [Applause.]
LAND REFORM AND THE WILLING-BUYER, WILLING-SELLER PRINCIPLE
(Member’s Statement)
Dr A I VAN NIEKERK (DA): Chairperson, the constitutional provisions on land reform should not be undermined. Abandoning the willing- buyer, willing- seller principle in favour of a model that sounds uncomfortably close to the free land invasion model of Zimbabwe will have far-reaching negative consequences for South Africa.
Such proposals to change the system threaten to undermine constitutional provisions, which enshrine the just and equitable purchase of property by the state, as well as the need to consider the market value of the property. Leaked reports and meetings behind closed doors can only serve to fuel uncertainty, confusion and mistrust around the land reform actions.
The government must immediately embark on a committed attempt to speed up land reform, in line with its current policies and the Constitution. The Department of Land Affairs should open the debate up to all key role- players. Any proposal to change the current policy cannot be dictated by the government, as this is a constitutional issue and would have to go through the Constitutional Court.
Land reform continues to be slow for no reason other than lack of initiative, ineffective management and regulation by the government; and the current policy. I thank you.
NATIONAL BREAST CANCER AWARENESS MONTH
(Member’s Statement)
Ms M F TLAKE (ANC): Chairperson, considering that October is national Breast Cancer Awareness Month, the ANC wishes to remind and encourage all female South Africans to examine their breasts and underarms every month. Cancer is emerging as a major health problem due to the aging of the population and gradual changes in lifestyle.
The South African cancer control programme aims to achieve the following: increase public knowledge and awareness about cancer for all members of the public; prevent cancer from developing; diagnose cancer early and provide appropriate curative therapy; and ensure freedom from suffering through palliative care. Suffice it to say, systems and processes purporting to realise all the above-mentioned objectives are at different stages of development.
The national and provincial departments of health, in collaboration with the Cancer Association of SA, the National Health Laboratory Service and in partnership with some pharmaceutical companies, embarked on aggressive campaigns to raise awareness, provide information and screen all illness, including both male and female sexual and reproductive thoracic cancer, such as breast, cervical and prostate cancer.
These massive campaigns took firm root when February 2006 was declared and launched as national Reproductive Health Month at Qetho in the Eastern Cape. Most of these campaigns are conducted in those areas that previously had nothing. Comprehensive health education continued in intensity in August, Women’s Month; September - cervical cancer month; October – National Breast Cancer Month; and nutrition week - the first week of October. I thank you. [Applause.]
BRAVERY AND HARD WORK BY MAJORITY OF LAW ENFORCEMENT OFFICERS
(Member’s Statement)
Mr H J BEKKER (IFP): Mr Chairman, in recent times the SA Police Service has come in for sharp criticism for the failure to hold back the wave of crime that is spreading across our country. This criticism is valid, and the IFP stands by its position that government has lost the war against crime.
But the blame for government’s failure to provide leadership in the fight against crime cannot be laid at the door of the ordinary policeman or policewoman. The IFP therefore salutes the bravery, hard work and sacrifice of the majority of our law-enforcement officers imbued with honesty and integrity who, most often, operate under appalling conditions and for little reward, and also suffer the indignity and collective smear of the treachery of certain of their fellow officers who are revealed to be corrupt and unworthy of the uniforms they wear.
One such example of the efforts of ordinary police officers to fight crime should be mentioned. The IFP salutes the officers who investigated and arrested two Britons and a South African for the possession of about 170kg of uncut cocaine at Tongaat, KwaZulu-Natal, earlier this month. The IFP is pleased to see that vigilant policing, as promised by the Minister of Safety and Security, has paid off with the biggest drug bust in this province’s history.
We also welcome the denial of bail to the two Britons as it sends a clear message that drug trafficking will not be taken lightly in our country. I thank you.
THE FIGHT AGAINST DRUGS AND SUCCESSES OF LAW-ENFORCEMENT AGENCIES
(Member’s Statement)
Mr S MAHOTE (ANC): Chairperson, the ANC, working together with our people in our communities, will work tirelessly against the scourge of drugs, alcohol and tobacco abuse. The recent success by the SA Police Service and other law-enforcement agencies in arresting and securing convictions of druglords and drug mules is a clear indication of success resulting from collective efforts.
Earlier in the week, the SAPS made another breakthrough by arresting five people, including a 51-year-old woman for the possession of and dealing in drugs. The drugs had an estimated value of R1,2 million. The five were arrested at one of Cape Town’s malls. The SAPS spokesperson said, “The arrest follows our continuous effort to combat drug trafficking, especially tik in the province.”
The ANC calls on all our people to join hands with the law-enforcement agencies to uproot those who are bent on destroying the future of our country by selling drugs to our children. I thank you. [Applause.]
IMPLEMENTATION OF COMMUNITY SERVICE FOR NURSES
(Member’s Statement)
Mr G R MORGAN (DA): Hon Chair, only two months remain before trainee nurses were to have been told they would be expected to take up their community service posts. But the DA has established that none of the requirements for the implementation of this policy has yet been fulfilled, and not even the Department of Health is able to say whether the policy will actually go ahead.
On contacting the department to establish the latest situation regarding community service, a spokesperson for the department told the DA that there had been no policy change and the intention to implement the policy in January remained.
It is two months before nurses are due to take up their posts, but the nursing Act has still not been promulgated although it was passed nearly a year ago. Until this happens, there is no legal category for community service nurses and no regulations to govern the implementation of community service can be put in place.
Furthermore, no steps can be taken to allocate community service posts to hospitals and allocate nurses to these posts. This is yet another example of the Minister of Health’s disrespect for the rights of health professionals and her failure to manage her responsibilities effectively. The department must urgently provide clarity on the matter of community service for trainee nurses. I thank you. [Applause.]
COMBINED GAS TURBINE PLANT TO BE FIRST INDEPENDENT POWER PRODUCER IN SOUTH AFRICA
(Member’s Statement)
Mrs J CHALMERS (ANC): Chairperson, last week’s Cabinet decision to call for tenders for the construction of a combined gas turbine plant at Coega, together with a notice of an environmental impact assessment for two additional container terminals and associated land infrastructure at the port, is a clear indication of the ANC government’s commitment to this flagship programme.
The combined gas turbine plant will be the first independent power producer in the country. The plant will be able to produce 3 600 megawatts of power, which will be fed into the national grid. The announcement comes at a time of continued scepticism from certain quarters in Nelson Mandela Bay about the success of the Coega project.
This is despite revelations from the Minister of Trade and Industry that investment totalling more than R2,3 billion, cutting across three sectors, had been secured for the industrial development zone, while another three contracts worth R1 billion had been concluded. It is also expected that an announcement on the R27 billion aluminium smelter will be made soon.
The ANC is convinced that the investments made by the government in infrastructure development are crucial in creating investor confidence in the project. These initiatives, together with major private-sector investments, will go a long way in creating jobs and fighting poverty in the Eastern Cape. [Applause.]
ETHEKWINI MUNICIPALITY TO BAIL OUT TRANSPORT COMPANY
(Member’s Statement)
Mrs S V KALYAN (DA): Chairperson, yesterday’s decision by the ANC in Ethekwini Municipality to vote in favour of a motion to bail out an ANC- controlled transport company, Raymond Alton, shows disregard for Durban’s ratepayers and raises serious concerns about the ANC’s priorities with regard to service delivery.
Surely, the R20 million could have been put to good use elsewhere in the municipality instead of bailing out a company whose 60 buses were found to be unroadworthy by the provincial traffic office earlier this year? This decision is merely a convenient way for Raymond Alton to have easy access to ratepayers’ money to tide it over. Any other private company would have had to approach a private institution for this funding.
It is high time the national department stepped up to the plate and met its obligations in relation to these subsidies. The Ethekwini Municipality has been requesting the national Department of Transport to meet the subsidy shortfall since 2003. However, these repeated requests appear to have been ignored and this issue is threatening to cripple the local public transport system.
For the poorest citizens of this country, a better life for all will remain pie in the sky as long as the ANC continues to enrich a clique of fat cats in its ranks, and national government repeatedly fails to take responsibility for its obligations. [Applause.]
SABC BOARD, MANAGEMENT AND JOURNALISTS, AND PRESS FREEDOM
(Minister’s Response) The MINISTER OF COMMUNICATIONS: Chairperson, from my understanding the SABC board, management and journalists in their majority continue to believe in the freedom of the press. [Interjections.] But they believe that this freedom should not trump the rights of other people or any other rights given by the Constitution.
The work of the commission was to establish the facts and to advise the chief executive officer. The preoccupation with Snuki Zikalala sometimes gives me the impression that certain sectors of our communities demand selective application of the constitutional rights others have.
Let us leave the chief executive officer to establish what those facts are and to act in a manner that the Constitution demands he must act when he does act. And I will then get a report from that because I want to pay attention to it too. Thank you.
FINANCIAL REPORTS OF DEPARTMENTS
BUDGET LUNCHES
COMPUTER DONATIONS
SCHOOL DISCIPLINE
(Minister’s Response)
The MINISTER OF EDUCATION: Chairperson, firstly, with respect to the matter raised by the member from the DA concerning the financial reports of departments, I beg to differ. There have been improvements in several departments. [Interjections.]
I am not sure what is actually happening. We have been asked to respond to statements and we do, but hon members obviously don’t like the responses and therefore they shout. We may not like the statement but we allowed it to be heard. So, I have a bit of difficulty - if I could be allowed to proceed.
There have been improvements in the financial administration and management of several government department finances in the past year. You may hold that up but there have been improvements if you track for several years.
So, I think that that improvement should be acknowledged and indeed is welcomed. I think hon members often make the error when they see a report, which refers to emphasis of matter, and they assume that it is a totally qualified report. So, there is often a misreading and an emphasis of matter may refer to an asset, which is rather difficult to detail in a financial report. So, I think we must improve our own financial reading ability.
With respect to the matter of budget lunches, I think hon members are certainly able to indicate that they will not attend such lunches, and several do not attend. That is probably good as it makes everything much cheaper. I would agree with hon members that the functions should not be of a level that is excessive and really out of the way in terms of costs, but we do have guests that we invite and hon members who are members of the portfolio committee. I do not see that there is anything wrong in providing them with a simple lunch and function. So, I think, we certainly would continue doing so.
With respect to computers donated to schools, we welcome these donations by the private-sector companies that have been so kind as to do so. I would also record support that has been given in significant ways by companies such as Bytes Technology, BHT Billiton and others with respect to providing centres of technology as well as computer centres and career centres to our schools, libraries, the Shanduka Foundation and its Adopt-A-School Programme.
All of these initiatives by the private sector that support education are most welcome. We are very excited that we can have such partnerships with the private sector to improve the quality of schooling experience for the children of our country.
On the matter of the situation of crime and violence in our schools, this is a matter that we continue to be seized with. We have made statements before in the House. I do not know why the member believes that random testing will be of no use. I believe we should actually be as strong as we possibly can in terms of addressing the situation of drug abuse in our schools. I also think that we must encourage and support our schools in formulating codes of conduct and ensuring that those codes are adhered to in the schools.
I said recently to a meeting of school principals that the milieu and character of the school certainly influences the discipline or lack thereof that you find in the school. If you have teachers or school leadership who don’t come to school on time, who are not teaching when they should be teaching and who come to school inebriated and so on, all of that conduct influences the negative conduct that you see in schools.
If you have parents who don’t care to assist in disciplining their children and supporting teachers, who never look at the school report or come to a school meeting - all of that creates the sort of atmosphere that you see in many of our schools.
But also, if, as has been said by some teachers, they are aware that there are alcohol and drugs present in the school and yet there has never been one call to a police station to come to assist in investigation when the law allows such a call to be made, then you are allowing this context of violence and ill discipline to exist and continue to exist.
So, I really say we are going to assist schools and work with them as far as we can, and certainly I will strengthen my own responses in this regard. But as I said before, it is not just the departments; it is all of us together: schools, parents, parliamentarians and the broader community, really lending our will to inculcating in every school that its character should be a place of learning and not a place for drugs and crime. We all could lend a hand at that. I am sure we will succeed. Thank you. [Time expired.] [Applause.]
STATEMENT ON COEGA WELCOMED
(Minister’s Response)
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Dr R H Davies): Chairperson, I want to welcome the statement that was made by hon member Chalmers on Coega, and progress has been made there. I think that the lesson of Coega is that if we want to promote industrial development, particularly in parts of the country outside the established industrial areas of Gauteng, the Western Cape and Ethekwini, a developmental state has to take the lead, has to be prepared to commit resources and has to take risks on major projects.
Infrastructural investment creates the basic facilities that create an environment that is attractive to investors, and organisational structures associated with industrial development zones are often very active forces in seeking out potential investors. I think that what we are beginning to see is that efforts that were made in the past are now beginning to bear fruit, vindicating, I think, decisions that were taken some years ago.
I want to confirm that we remain optimistic about the prospects of an early positive announcement about the establishment of an aluminium smelter plant in the area. Thank you very much.
NEED FOR PEOPLE TO SUSTAIN THEMSELVES
ACCUSED INNOCENT TILL PROVEN GUILTY
(Minister’s Response)
UMPHATHISWA WEZABASEBENZI: Mhlalingaphambili, iindlela zokuphila zininzi zingangeentwala emntwini. Abanye baphila ngokuhlala emqwebedini, abanye ngokucela, abanye ngokusetyenzelwa, kanti abanye baphila ngokuthi bazenzele amashishinana amancinanana, kuba bezama icebo lokusa into emlonyeni nokususa ikati eziko.
Esidlayo ke sesithwethwayo, nosindwezama akanatyala, ngoko ke ukuba ngaba iSixeko saseKapa esikhokelwa yi-DA sithi sixuthe ilungelo labantu lokuzenzela iindlela zokuziphilisa, makube ke bakhohlakele, yaye inceba abanayo, nemfobe abazanga bayibona. Ngokuqinisekileyo ke xa lifika kwakhona ithuba lokuba kuphindwe kubanjwe unyulo kweli laseKapa, ndiqinisekile ke ukuba aba bantu babagxothayo nababasunduzayo ngoku baya kuthi basibonise eyona ndlela yokulungisa i-DA.
Mnu Gore, isicelo sam nje kuwe sinye, mhlekazi, igama lomntu ziiponti ezintlanu, wayesitsho utata kudala. Ukuba umntu akatyholwanga, noko ndicela ukuba aMalungu ePalamente azilumle ekukhankquleni amagama abantu bengekho ukuze baziphendulele. UMnu Zikalala akakho, akalilo nelungu lale Ndlu. Bekungakuhle ke ukuba ubunokumnika ithuba lokuba aziphendulele. Mhlawumbi kuya kufuneka ukuba ukhangele elinye iqonga lokuthi ujongane naye.
Ndiyathandabuza ke ukuba ungakwazi ukujongana noMnu Zikalala. Unyanisile xa usithi yinkumanda; yiyo ke ngokwenyani. Akunakumelana naye apha phandle. Ndicela ke, mhlekazi, ukuba xa ufuna ukugalela kuZikalala, umnike ithuba lokuba naye aphindise.
Okokugqibela, Mnu Kraai Van Niekerk, abantu bafuna imihlaba yabo. Kukho abarhuqa iinyawo … [Inzwi.] (Translation of isiXhosa paragraphs follows.)
[The MINISTER OF LABOUR: Chairperson, there are many ways in which people sustain their lives. Some people live in appalling conditions; others survive by begging; whilst others establish small businesses for themselves.
People should fend for themselves, and therefore those who make attempts cannot be blamed or punished. It would be cruel for the City of Cape Town, under the leadership of the DA, to deny people opportunities to improve their lives. If they continue to do that, I believe that when the next elections come, those that are today being denied opportunities will severely punish the DA.
I would like to ask the hon Gore to refrain from mentioning other people’s names recklessly, but to honour and respect them. A person is innocent until proven guilty by a court of law, and I would therefore request members to refrain from mentioning the names of people who have not been charged and who are not even here to answer for themselves. Mr Zikalala is not here and is not even a member of this House. I think it would be fair for the hon member to afford him an opportunity to answer for himself. I suggest that the hon member finds another platform on which to raise this matter.
I actually doubt that you could face Mr Zikalala. You are correct when you say he is a commander. Indeed, he is and I am sure you will not be able to face him outside of this House.
In conclusion, Dr Kraai van Niekerk, people are demanding land that was taken away from them, and yet there are people who are reluctant to abide …]
The ACTING SPEAKER (Mr G Q M Doidge): Order, hon Minister! Mr M J ELLIS: Mr Chairman, I rise on a point of order. I’m led to believe, from the Rules, that we are allowed six ministerial responses, and I believe now that we are on to the seventh.
The MINISTER OF LABOUR: I have not used up six minutes yet.
The ACTING SPEAKER (Mr G Q M Doidge): No. Order, hon Minister! You are continuing to another response, and Mr Ellis is correct. We cannot take seven responses within the ministerial response time. We regret that we’ve been deprived of your response, hon Minister.
But I must appeal to some hon members on my left to utilise the opportunity offered by statements to be heard rather than to heckle. That would assist us, because otherwise we can’t hear and benefit from your contribution.
POSTAL SERVICES AMENDMENT BILL
(Second Reading debate)
The MINISTER OF COMMUNICATIONS: Hon Chairperson and members of the House, this Bill I present to you is inextricably linked to two vital laws we have already passed - the Electronic Communications Act and the Independent Communications Authority of South Africa Amendment Act.
One of the challenges that this Bill seeks to meet is to align postal services law with a new legal and regulatory environment in the country. The Bill proposes, firstly, that the postal regulator ceases to operate as part of the Department of Communications, so that regulation of the postal sector is handled outside the department.
Secondly, regulation of the postal sector should also migrate to the independent regulator, Icasa. Postal services will thus be regulated independently of the department just like broadcasting and telecommunications, despite what other members do think. Given the convergence of electronic technologies, it is necessary that regulation of the postal sector should therefore be placed in the hands of Icasa.
Members will remember that barely a decade ago, broadcasting was regulated by a different authority from telecommunications. Now, a decade later, we are bracing ourselves for a convergence of technologies, telecommunications and broadcasting, as well as postal regulatory functions. The new electronic era has presented the Post Office with the opportune challenge of improving its service delivery.
In the age of ICT it became abundantly clear that postal services would never be the same. Amid the convergence of services and the growing need to respond to the needs for basic postal services and ensuring that the postal services go electronic in synchrony with the development of ICT, it is therefore absolutely necessary that we are able to respond with this relevant legislation that recognises both the needs of postal services and our people and the changing nature of the postal sector itself.
The SA Post Office has the largest service infrastructure footprint in the country. In this regard, the Post Office is increasingly delivering electronic services to all our citizens in the country. As the Post Office increasingly becomes more connected electronically, it will be the largest ICT electronic infrastructure that many South Africans can access. This new role and the influence of international trends make it imperative for the postal services therefore to be regulated together with the rest of the ICT sector, and hence this Bill.
This Bill, however, comes also at a time when the linking of the developed and underdeveloped sectors or areas of our economy is increasingly coming under scrutiny.
Asgisa’s demand for accelerated and shared growth can be facilitated by improving the second economy through ICTs. They can allow for information sharing, financial services and insurance services. For example, payment of pensions or child grants by direct deposits into post bank accounts can help if post offices are brought on line. This will reduce the cost of delivery of grants for the Department of Social Welfare. It would reduce the risk of fraud, not only within the department but also within the provincial sectors where these deliveries of service are done. This will also reduce the security risks associated with hijacking. Most of all, this will reduce the indignity that many aged people suffer as they walk long distances to paypoints, wait in the sun and rain, and sometimes continue to wait in long queues.
In this way, this Bill will enable the expansion of post offices to bring about a better life for all our people, especially our rural people.
In conclusion, I wish to thank members of my department for rising to the demands for changes through their sterling performance and hard work in putting this Bill together. To our industry that has been very active throughout the process, I extend my appreciation - particularly given the short time in which they had to respond to the issues related to this Bill.
The portfolio committee and its acting chairperson, hon Oliphant, deserve my special thanks for the professional and passionate analysis, as well as the attention paid to the detail of this Bill. I therefore request that this House pass this Bill which, once enacted, will no doubt bring about a better quality of life for especially rural and disadvantaged people. I thank you, Chairperson. [Applause.] Mr G G OLIPHANT: Chairperson, the Postal Services Amendment Bill follows the promulgation of two very important pieces of legislation that were passed by this House this year.
The Minister has already referred to the Electronic Communications and Transactions Act, or ECA and the Independent Communications Authority of South Africa Amendment Bill. The latter, in particular, integrates the postal regulations into the broader regulatory authority, which is Icasa itself.
It has therefore become necessary to streamline definitions in line with the new set of conditions in the information and communication technology sector. Even though this amending Bill seems to be of a technical nature, the alignment of postal services with new technology enhances access to citizens performing functions such as surfing the Internet; financial transactions through the Postbank and other telegraphic money orders that members are used to; binding; photocopying; scanning; sending and receiving of e-mails; as well as accessing the public information terminals, the PITs, where members of the public are able to access government services, get information, get application forms to apply for positions and all the other information that they are entitled to get.
The Portfolio Committee on Communications invited the public to participate in this process, and, I must say, received no formal responses on the matter. I also want to say that this was because these were technical amendments, even though it is so important, except that the Post Office itself reported that they would be undertaking a comprehensive review of the Postal Services Act in the coming year.
I want to thank members of the portfolio committee for their continued dedication - I am talking here across party lines – hard work and vibrant interaction in key ICT-sector deliberations.
In conclusion, let me quote from the Post Office annual report in terms of the commitment they are making:
The Post Office is playing and will continue to play a vital role in assisting the government to carry out its mandate to uplift previously disadvantaged communities and to be an efficient and cost-effective enabling force in the economy.
That’s the commitment the Post Office is making. I thank you very much for your attention. [Applause.]
Ms M SMUTS: Chairperson, the regulation of postal services was already given to the electronic communications regulator last year in the Icasa Amendment Act that was done last year, and which finally passed into law this year.
So, contrary to what the Minister suggested, that was already done before. What is happening here is that the hon Minister is taking back the power to decide when the reserved services will be opened up to competition. She may now also review the Post Office’s exclusivity every five years, instead of every three.
When we asked the department during deliberations why the Minister had given the regulation of the postal services to Icasa in the first place last year - if she now wants those powers back - they could not offer an answer. We therefore had to look to the memorandum to the Bill, which says that it wants to ensure that Icasa only gives licences in the reserved services after policy direction from the hon Minister. This is said in the memorandum to be in line with similar provisions in the Electronic Communications and Transactions Act.
The relevant provision in the ECA is the one that we opposed, which determines that no one can build the really big, the national telecoms networks, until the Minister gives Icasa the green light for an invitation to apply. It is a protectionist measure.
Icasa now has enhanced powers of economic regulation, and we think that these decisions in respect of the postal industry would be better placed there with Icasa than with the 100% shareholder of the Post Office. Icasa will be better placed to judge liberalisation, especially in a field which bears very little comparison to network roll-out.
The memorandum further tells us that the Minister must have the power back to extend the exclusivity period of the Post Office as long as the SA Post Office needs to address postal services in the underserviced areas in order to achieve universal postal services. But we thought that the subsidy that government pays to the Post Office was for that purpose.
The Bill also amends the review period for exclusivity now from three to five years, and we don’t seem to learn the lessons from episodes such as Telkom’s monopoly period. I am afraid that I would guess that the Post Office can probably look forward to many multiples of five-year exclusivity periods. That, sadly, will deny South Africans the benefits of competition. That is the wrong way to go, and that is why we will oppose the Bill.
Sir, I see I have just a few seconds left. With your permission, I would just like to respond to the hon the Minister’s answer to my friend and colleague the hon Vincent Gore. She said that a commission had been established at the SABC to establish the facts about the alleged blacklisting. Now she asks us to leave the CEO to establish the facts.
In other words, does she, like the SABC board and the CEO, therefore want different facts? The commission was established to get the facts, as she rightly said. We’ve had the report. If we are now asked to wait for the CEO to establish the facts, the necessary inference is that everybody is now looking for different facts. That is not acceptable to us. [Applause.]
The ACTING SPEAKER (Mr G Q M Doidge): That is a different debate, hon member.
Ms S C VOS: Chairperson, the IFP will support this Bill, but with qualifications. Unfortunately, once again, we believe that the powers of the Minister are, to a considerable degree, problematic. Regarding the independence that the Minister spoke about here from this podium - and she referred several times to independence - we believe this must not be taken quite literally.
A reference to ICT in clause 3 must also not be used by the Minister beyond the application of the intention of the Bill, with regard to the postal services only. And, like the DA, the IFP argued for a far shorter period of exclusivity. Five years is far too long, and like the DA we ask: Haven’t we learnt anything from the Telkom debacle that related to its period of exclusivity? Competition in the postal sector must not be stifled because, as we all know, the industry is vital to our socioeconomic development. Thank you.
The DEPUTY MINISTER OF COMMUNICATIONS: Hon Speaker and members of the House, I must say that I’m indeed rather astonished at the capability of hon member Smuts of the opposition in her demonstration of distorted logic. [Interjections.]
When we passed the Independent Communications Authority of South Africa Amendment Act, she accused the hon Minister of interfering with the independence of Icasa. Now, here in this debate, she raises the question why the hon Minister is having to transfer the postal regulator to Icasa. The answer to that one is very simple: it doesn’t require any kind of distortion. [Interjections.] The worldwide trends in regulators are to transfer them to independent authorities.
We have inherited a situation, and the postal regulator is within the structures of the department. Here the hon Minister introduces an amending Bill to transfer the postal regulator from the department to an independent institution that we all agree is Icasa, which will regulate the electronics and the ICT industry.
I would have thought that the hon member would have welcomed that and applauded the fact that the Minister has seen it necessary to move this Bill in this particular direction so that we could ensure that the postal regulator discharges its obligation in terms of all the wonderful things that we are trying to do in this country in respect of ICTs. I want to talk about just a few things that this move will actually enhance. The SA Post Office has initiated a number of programmes, and you heard the Minister speak of some of them. One such project with the department is the establishment of PITs - public Internet terminals - in rural areas throughout the country.
Another interesting and unique project of the Post Office is the establishment of the citizen post offices - Internet business centres, whose objective is to establish and provide ICT infrastructure to make it easier for our people to access digital tools such as document writing, presentation facilities, e-mail and the opportunity to surf the Worldwide Web.
The citizen post offices provide an ideal platform to deliver e-bills to a wider number of customers. Currently, there are over 80 Internet business centres that have been established throughout the country.
In order to fast-track this growth and ensure that all our people from the young to the old can use all these facilities, the SA Postal Services has put in place a volunteer programme: the e-cadre programme, which trains citizens on the use of ICT tools. There are currently over 90 e-cadre ECT community officers that have been deployed in all the underserviced areas in our country.
At the end of the day, it is useless to have all these services and facilities available if nobody in our communities knows how to use them and take advantage of them for optimum benefits.
The Post Office has also embarked on an audiovisual digital communication system across its very own network. This is visible in the form of flat- screen plasma televisions at 100 outlets of post offices throughout the country. The Post Office TV network is a highly advanced system that consists of computers, plasma screens and satellite-dish transmission systems, all used for advertising, training, promotions and, most importantly, government messaging.
The Post Office is working with various government departments, especially the GCIS, to use this medium as an interactive communication device in its dialogue with the masses of our people.
The physical infrastructure of the Post Office has now evolved into a modern retail outlet that provides a range of electronic services to our people. Almost all outlets - more than 1 300 of them - are now on line. They are also filled with advanced point-of-sale systems that enable transactions to be carried out much faster and more efficiently. The acceptance of credit and debit card facilities at retail stores and at retail postal outlets is now possible and this creates a huge convenience for the millions of our people throughout the rural areas.
For example, the North West province boasts modern and safe biometric technology in one of its postal outlets that would make fraud and corruption in the delivery of social grants to our people nearly impossible.
The establishment of a modern electronic banking facility for the poor is the development of the Postbank, which will become the largest retail footprint in a network of offices that will become what is the most cherished vision of the Post Office: to become the bank of the poor in our country.
In conclusion, let me say that the ultimate goal of the SA Post Office is to create a sustainable digital communication infrastructure, providing services and related user support and training for previously disadvantaged small towns and rural areas in South Africa.
We want to ensure that our less fortunate citizens do not fall into the digital divide, and through this Bill they’ll be able to cross that bridge into the information age and take advantage of the vast digital opportunities that are emerging in the new paradigm in ICT in our country. To enhance that, we as government are able to provide digital opportunities to all our people.
I call upon this House to accept the Second Reading of the Postal Services Amendment Bill, which sets a new framework for all of these wonderful things that are happening and that will continue to happen at an even faster and greater rate. I thank you very much for being patient. [Applause.]
Mr H B CUPIDO: Chairperson, the Postal Services Amendment Bill did not arouse significant public reaction and on account of its highly technical nature it will most probably not engender any significant opposition to its passing.
The ACDP does, however, welcome this opportunity to draw attention to the expansion of the boundaries of the postal services, as we know them. The ACDP is encouraged by the initiatives that could lead to the effective integration of technology-based and conventional communication systems. The possibility of the Post Office becoming an Internet service provider and initiatives to establish operational linkages between the postal services and the ICT sectors herald significant advances in broadcasting access to communications media.
It is particularly in the outlying rural areas that the Post Office plays a far more crucial role than those of us who are urban dwellers could ever imagine. The Post Office is often the hub of entrepreneurial activity and the primary means of local, international and global contact. [Time expired.]
Ms S RAJBALLY: Chair, effective communication is crucial to ensuring delivery, attaining our ends and successfully building relations that bring growth and development and unity. In light of this, the MF acknowledges the importance of a sustainable postal service and applauds the sector on its transformation and success in stamping out corruption.
Referring to the amending Bill, we are pleased with the changes and additions that place a duty on the Minister to ensure the efficient and effective management of the postal services.
Concern is, however, expressed over the amendment regarding the director- general, which fails to indicate what is to be done in the event that the director-general resigns or becomes ill during his term of office. Provisions need to be included to guide the department in this event. We do believe that provision should be made for an acting director-general in such an event.
Further, postal services are relied on in both urban and rural areas. Noting the great influence traditional leaders hold in rural … [Time expired.] The MF supports the Bill. [Applause.]
Mr R D PIETERSE: Chairperson, section 85(2)(b) of the Constitution says, amongst other things, that “the President exercises the executive authority, together with the other members of the Cabinet, by developing and implementing national policy.” Therefore, it is the constitutional responsibility of the Minister to issue policy, and nobody else. The objection of some of the parties present in our committee – and in this House – that the responsibility should be given to the regulator, Icasa, does not make sense. That is what is said in the Constitution, and anybody that can’t find it can have my copy of the Constitution and read it again.
This rests with the Minister, and nobody else. It is her responsibility. One can then safely conclude that the said objection is nothing substantial at all, but mass hysteria at best. We have seen it with the debate on the ECA; we have seen it with Icasa, Mrs Smuts. It is about the power that is somehow thought to be bestowed on the Minister. Now the power doesn’t mean much.
The Minister must have power. It is her responsibility. Yet nobody has until today shown or indicated where the Minister has abused her so-called power position. Never before, as I said, until today, have I ever heard the Minister abusing her power.
Ms M SMUTS: [Inaudible.]
Mr R D PIETERSE: Absolutely, Ms Smuts. You’re right. It is a minimum power that you have. It’s how you use it to create a better life for all, be it in the private or public sector - urban or poor. It is about using that power to create jobs for all. It is about using the power you have – however little it might be – to make sure that today is already better than yesterday, and that tomorrow will be better than today.
We, as the portfolio committee, very often don’t use our power of oversight, and, because we are weak in ourselves, we claim that the Minister or the Deputy Minister has too much power. Why don’t we use our own power where we are? We would also be in a position of power if members of other parties – other than just occupying this podium – came to the committee and also contributed to making our committee much stronger.
I want to call on every hon member not to give in to the hysterical view that the Minister is too powerful. All this other political jargon is nothing, and all this technical jargon is nothing. This is about making sure that there are enough resources in our postal agencies in the rural and poor areas.
In those areas we don’t find fax machines, we don’t find even the Postbank. I am a client of the Postbank, but I can’t access that bank when I go to my area in Vermaaklikheid, Gouritsmond, Witsand, or any of those rural areas. I have to go to the bigger cities. This is about empowering the Minister to make sure that these facilities are taken to the rural areas and to the poor areas.
Now I want to call on, as I said, all hon members to do the proper and decent thing and vote for this amending Bill to make sure that our people have a better life. I thank you. [Applause.]
The MINISTER OF COMMUNICATIONS: Chairperson, my first comment will be directed to the hon member Dene Smuts, because I find it very strange that, in fact, there is this preoccupation with the powers of the Minister - as Mr Randy Pieterse has said - when these powers have never been abused. I still have to see one occasion, after all the allegations, that shows I have interfered.
What I have found out is that it is in those very agencies that there was knowledge by the opposition about the inside workings, when the Minister herself did not know because she does not interfere. I think we should really ask the opposition to desist from involving itself in something that is actually not correct.
Ms M SMUTS: People come to me; I don’t go to them, Ma’am.
The MINISTER OF COMMUNICATIONS: Well, I am surprised that they come to you but not to me, indeed, if they think I am interfering at all. The opposition members have focused on the issue around competition. These markets we have set – and we have seen the market even in South Africa – are not always perfect. I have travelled in rural areas. I bought a specific 4X4 and despite that, I have had to travel 77 kilometres in four hours to arrive at a certain place in a rural area. And it is quite clear that we need to do something to make sure there is access for people in those rural areas – and not the ones that we just pass, flying by in our cars – but those areas that are very, very difficult to access.
Therefore the reason for putting money into the Post Office and for saying that we should not just go for exclusivity, as has been suggested – we have said three to five years, so that we can monitor this - is precisely because we learned the lessons from Telkom. Don’t give them five years; give them three years. If they can’t do it and you see that it cannot be done in three years, then you can extend by another year or another year again, because those people in those areas do need these services. We cannot close our eyes to the needs of especially the disadvantaged areas in the rural areas.
The qualification that Ms Vos spoke about also speaks to the powers of the Minister. I don’t know whether we want to have a government that doesn’t have powers at all, because that is what causes confusion. That is what causes tension, and that is one of the reasons why Africa has not developed in the manner that it should have developed, because we then did not want to exercise the powers under constitutions that had been granted to us to exercise our powers, but to exercise those powers correctly. If we abuse those powers at all, this House can correct us for using those powers wrongly.
We have totally underestimated the capacity of the apartheid era to actually beat our people down. Illiteracy is much higher than we thought in some of the areas and there is a lack of knowledge about how the economy works. It is time that we bring our people into those kinds of things. When we want to open up for competition, who will be competing? It won’t be these very people who will be competing because then you would say, “We are giving these things to BEEs, etc.” What we will want is for the big banks to compete with the Post Office. We cannot actually allow that.
The reason I say so is that when we make financial services such as the Mzansi account, which really looked at the issue of what banks called “unbankable people”, suddenly the banks become interested. But it is the Post Office that has the majority of accounts for Mzansi, because those people were bankable but nobody had recognised that they were bankable. Now that we recognise that they are bankable, we want to have competition coming in so that the Big Brothers can come in and reap the fruits, and beat down the up-and-coming groups such as the Post Office.
It is on those conditions that we say we do not want to stifle competition, but we want to make sure that our people can benefit from this Bill. Thank you very much. [Time expired.] [Applause.]
Debate concluded.
Bill read a second time (Democratic Alliance dissenting).
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT, IN TERMS OF SECTION 16(7) OF PUBLIC SERVICE ACT, NO 103 OF 1994 - EXTENSION OF SERVICE OF MR A S MINTY
There was no debate.
Question put: That the House approves the extension of service of Mr A S Minty, on the terms recommended by the committee.
Question agreed to.
Extension of service of Mr A S Minty, in terms of section 16(7) of Public Service Act, Act 103 of 1994, accordingly approved.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON WATER AFFAIRS AND FORESTRY - PUBLIC HEARINGS ON WATER QUALITY AND SECURITY IN SOUTH AFRICA HELD ON 20 & 21 JULY AND ON 7 AUGUST 2006 – TOWARDS A JOINT ACTION PLAN TO
IMPROVE WATER QUALITY FOR SOUTH AFRICANS
Ms C C SEPTEMBER: Thank you very much, Chairperson. Good afternoon, Minister of Labour and hon members. The portfolio committee, as we have just heard, held and conducted public hearings into water quality and water security in South Africa in July and August of this year. We did so as our contribution towards ensuring the quality of life for all our people in South Africa and, indeed, in terms of our oversight responsibilities.
It should be understood that natural water quality varies from place to place. It depends on factors such as season change; it depends on climate change; it depends on the type of soil and the rock surfaces through which the water moves. Human activities also, through agricultural activities, urban and rural industrial development, mining and recreation, in a brief way, also alter the quality of natural water and have the potential to change water use.
Water resource management, including water quality management, is an exclusive natural component competency of the Department of Water Affairs and Forestry. However, that is no longer the case in so far as the department having the sole obligation is concerned, because it is also the responsibility of all levels of the community, the industry, local government as well as water users.
The submissions we received as a committee enabled the portfolio committee to scrutinise quite a number of policies and legislation, and the legislative environmental goals with regard to surface and ground water, protection partnerships between government and communities, dam safety and security, technology transfers, and health and education plans.
Our findings through the public hearings significantly pointed out the disparities that we have in South Africa between the metropolitan areas and the rural areas with regard to water quality, also with regard to salination – an increase of salt in water - and the challenges that we face with regard to pesticides that have an effect on water quality. Sustainability, equity and efficiency are recognised as central guiding principles in the protection, use, development, conservation, management and control of water resources. In water quality management, sustainability means that the protection of water resources must be balanced with development and, of course, usage.
It is our considered view that the management of water quality must be carried out in an integrated and holistic manner, and it should be acknowledged that all elements of the environment are interrelated. The precautionary approach to water quality applies in terms of active measures to be taken to avert or minimise the potential risk of an undesirable impact on the environment. Transparency must underpin all decision-making processes and all information must be made accessible in accordance with the law.
Therefore the portfolio committee would like to recommend that the Department of Water Affairs and Forestry provide leadership in ensuring adequate water supply of acceptable quality to all. They should include aspects such as domestic use, agricultural use, usage for industry, usage for recreational purposes, and the aquatic ecosystem constituting the water resource base, of course.
We recommend in our report that the Department of Water Affairs and Forestry, as the sector leader charged with monitoring and regulating the national water sector in South Africa, should comply with the provisions of the policies and legislation that inform water quality in South Africa.
This, we think, would incorporate the provisions of its constitutional obligations, its obligations in terms of the Water Services Act and its obligations in terms of the National Water Resource Strategy of South Africa - with particular emphasis on the catchment management areas and, of course and indeed, our international obligations as South Africa shares water with many of our neighbours.
We also recommend that we monitor and evaluate the national monitoring systems to assess the impact on quality of water in the country. The Department of Water Affairs and Forestry at this point is operating a number of national water quality monitoring programmes, which include the National Chemical Monitoring Programme, and the National Water Act of 1998, specifically chapter 14, which mandates the Minister of Water Affairs and Forestry to establish national monitoring systems to monitor, record, assess and disseminate information regarding, amongst other things, the quality of water resources.
We also recommend, as the portfolio committee, that the components of the new framework called the Strategic Framework for National Water Resource Quality Monitoring be published. The basic dimensions of this framework, that of an information user-centric approach, core functions of monitoring and the institutional set-up for monitoring governance, may need to be evaluated.
We also recommend that the department should report regularly to Parliament on progress made on implementing the principles of water quality management in the country. They should do that in a holistic and integrated way. Environmental options that take the people into consideration should take into consideration risk management, the principle of “the polluter pays” and participative management where previously disadvantaged people gain equal participation.
We also recommend that the department regularly report to Parliament on the implementation in particular of the National Water Act of 1998 and its provisions regarding protection, management strategies, the institutions, licensing of water use, the national pricing strategy and the establishment of a national monitoring system and information system.
We also recommend that we focus on ensuring that all levels of government make budgetary requirements toward water quality, operations and maintenance. We recommend this, because we have seen from the public hearings, particularly at the municipal level, that they are not necessarily taking sufficient financial responsibility with regard to the provision of water quality.
We recommend that a rural strategy be employed as there are disparities – as I said earlier – that exist between urban water quality and rural water quality. Such consideration must be given to the rural strategy that would involve, in this instance, water boards that could extend human and financial support to provinces and municipalities. They could also include a transfer of skills which are lacking in this area. Also, they could look at overall infrastructure and ensure that water quality is included in the IDPs and, of course, when they put together the water service development plans.
Quite a number of other proposals and recommendations have been put forward by the portfolio committee. We think that the proposals that we are putting before the House to consider will take us forward in ensuring that those proposals South Africa has been able to put together, and which have given confidence to the country and the world at large, will take us much further in ensuring that we continue to give confidence to the people of South Africa and our neighbours that water quality in South Africa remains important. We must continue to improve with regard to these provisions. I thank you. Chairperson, the water in that glass is natural water from the tap. It is absolutely safe. [Applause.]
Ms J A SEMPLE: Chairperson, most of us who are lucky enough to get water from a tap, judge the quality by what it looks like and what it tastes like. Most South Africans in the urban areas are very fortunate in that the water they drink is classed amongst the top 10 in the world, something of which we can indeed be very proud and which we must do our outmost to maintain.
Technically, water quality is defined by its chemical, physical and biological characteristics, usually in respect of its suitability for an intended purpose. Such is the quality of our water that the chairperson of our committee refuses to allow bottled water to be served at the portfolio committee meetings, and I fully support her in that.
However, this can cause problems, because there does not seem to be any other way of getting water on the parliamentary premises, and we were faced with the embarrassing situation at our annual report hearings this week of having no water at all. This was most peculiar for a committee that deals with Water Affairs and Forestry. However, it is in the rural areas where most water quality problems occur. Water can be muddy, taste terrible from too much chlorine which is used as a disinfectant, or it can have an unsafe bacteria count. This only becomes an issue - and indeed then it is a national crisis - when levels of contamination reach a level at which cholera is detected, as in Delmas or more recently in the Lekwa-Teemane municipal area of the North West province.
This is because of various problems such as a lack of skilled labour to operate water treatment plants and a lack of understanding of chemical dosing, a shortage of chlorine, few resources to buy equipment and chemicals and, perhaps most importantly, inadequate, poorly equipped laboratories to test water samples on a regular basis.
On the other hand, in some cases, water plants are too sophisticated, whereby they have been supplied by foreign donors and there are no funds for maintenance, and again there is a lack of training of operators.
The whole problem, of course, arises originally from contamination, especially in densely populated areas, with untreated sewerage and industrial or chemical effluent flowing directly into water sources, or where animals and humans are forced to share the same water resources. It should be remembered that a water treatment plant is a food production unit, and that the same health and hygiene rules need to be applied in the production of water as in the production of food.
The Water Research Commission recommends the establishment of expert teams in each province, with the establishment of management and technology assistance centres, such as twinning water plants with universities, for example.
In the Eastern Cape, MSc students at Fort Hare do water sample analysis and provide technical assistance to local government structures. Further recommendations are that an enforced percentage of municipal funding goes towards safe water provision, and that there is an improvement in the salaries and working conditions of operational staff. Adherence to the implementation of the Department of Water Affairs and Forestry’s water quality management system is a given.
Interestingly enough, according to the Water Research Commission, out of all the provinces it is the Free State that emerges as the best performing province, when one compares the turbidity or clarity of the water, and also the percentage of water treatment plants complying with Dwaf’s standards for bacteria.
The Free State water quality management system can be regarded as the best practice in implementing a drinking water quality management programme, which results in a greatly improved quality of potable water.
In reply to my question on whether the Minister of Water Affairs and Forestry is considering the implementation of this system in other provinces, the Minister replied that Dwaf was currently rolling out similar programmes in other provinces, with the objective of duplicating the success in the rest of the country. Minister, any system that guarantees water quality in all parts of the country and ensures the health of all South Africans, especially those in rural areas, is to be welcomed. The DA will certainly support such a move. I thank you. [Applause.]
Mr M W SIBUYANA: Hon Chair, hon members of this House, water keeps us alive, therefore issues about water are bound to elicit emotional responses from many people, especially from those who do not have adequate access to clean water of good quality.
South Africa has various mechanisms in place to ensure the prioritisation of water quality and water security. There are also many legislative and policy requirements that the Minister and the Department of Water Affairs and Forestry have to undertake, including establishing a national monitoring system for water resources, collecting appropriate data and the information that is necessary to assess the quality, quantity and use of water and water resources, while complying with resource quality objectives. As can be seen by the comprehensive report before us today, the public hearings included a wide spectrum of stakeholders who all expressed their various opinions. All inputs, both written and oral, were considered by the portfolio committee when compiling this report. These inputs were all very helpful and informative and contributed to the many recommendations of the committee.
Included amongst the recommendations were that the Department of Water Affairs and Forestry comply with provisions of policies and legislation informing water quality in South Africa; monitor and evaluate the national monitoring systems to assess the impact of quality of water in the country; report regularly to Parliament on progress made in implementing the principles of water quality management; conduct a review of water quality for the entire water cycle, especially dam safety; focus on ensuring that all levels of government make budgetary requirements for water quality and operations and maintenance; consider the rural strategy involved, as there are disparities that exist between the quality of urban water and rural water. [Time expired.]
Ms S N SIGCAU: Chairperson and hon members, the quality of water supply in South Africa varies. There are numerous natural, industrial, management and infrastructural reasons that explain these disparities.
There are, however, overriding divides in water and sanitation access and delivery. One such divide is the urban versus rural divide. Another is the gender dimension to water access and quality. Then there is also the wide divide between the quality and level of water access enjoyed in formal urban residential areas on the one hand, and the townships and informal settlements on the other.
We have found that there are a wide variety of management complexities that stakeholders, especially the department and its agencies, must deal with. Nevertheless, the basic right to potable water and sanitation remains paramount and the current inequalities must be tackled actively and continually. The UDM therefore supports the recommendations of the report and calls on the department to proceed with its implementation. I thank you, Chairperson. [Time expired.] [Applause.]
Mr H B CUPIDO: Chairperson, South Africa is one of the countries in the world that has the highest quality of water. In the majority of our cities one can trust that the water coming out of our taps is pure enough for human consumption.
The Portfolio Committee on Water Affairs and Forestry has drawn attention to the fact that quality of water often varies from place to place in our country. Water quality is often affected by natural conditions like drought and floods and also various human activities.
The ACDP is encouraged to note from the report the huge efforts put in by the role-players involved in the management of water to ensure a consistently high quality of water for all our consumers. The ACDP agrees with Rand Water that the quality of water must be well managed in the catchment areas and not at delivery points. We note further that there is a severe lack of water management skills within certain of our municipalities, and we therefore urge the Department of Water Affairs and Forestry to attend to these municipalities as a matter of urgency. Thank you. [Time expired.]
Ms P BHENGU: Hon Chairperson, hon members, it is very important to note that water quality remains one of the key priorities of the South African government. The Department of Water Affairs and Forestry is charged with the responsibility of ensuring that all South Africans, irrespective of race, creed, religion, sex, etc, have the right of access to clean and secure water.
Allow me to conceptualise the term “water quality”. The term “water quality” can be defined as the chemical, physical and biological characteristics of water, usually in respect of its suitability for the intended purpose.
The key to sustainable water resources is to ensure that the water resources are suitable for their intended uses, while at the same time allowing them to be used and developed to a certain extent. Although scientific measurements are used to define the quality of water, it is not a simple thing to say that this water is good or this water is bad. The quality of water that is required to wash your car is not the same quality that is required for drinking. Therefore, when one speaks of water quality, the issues raised are whether the water is good enough for its intended use, be it for domestic use, farming, mining or industrial purposes, or its suitability to maintain a healthy ecosystem.
In terms of water security, the issue of water resource management between the borders of countries is crucially important in that South Africa is a water-stressed country that is dependent on its neighbours to provide water resources.
Therefore, like the notion of human security, in its current definition it is suggested that water security can be viewed as emerging from conditions of daily livelihood, shelter, health, public safety, employment and water, rather than downward from a state’s foreign relations and military strength.
However, more recently, it is not security or state intervention by one country in another that is emerging as a problem, but the complexities of the debates around environmental security, which is illustrated in the issue of water.
Therefore, the ANC-led government, through the Department of Water Affairs and Forestry, has committed itself to providing services to all the people of South Africa, as water is one of the key elements on the path to national prosperity, because it relates to irrigation and food production, a form of cheap energy and one of the important structural controls in floods and drought-control schemes.
Depending on its degree of scarcity, water could emerge as a likely source of strategic revival. This is reliant on the relative power or relationship of the sharing states and the accessibility of alternative fresh-water resources. As rivers flow from one area to another, one state or a region’s access can be affected by another’s actions.
It is crucial to know that water quality is changed and affected by both natural processes and human activities. Generally, natural water quality varies from place to place, depending on seasonal changes, climatic changes and with the types of soil, rocks and surfaces through which it moves. A variety of human activities, for example agricultural activities, urban and industrial development, mining and recreation, significantly alter the quality of natural water and change the water’s potential use. The key to sustainable water resources is therefore to ensure that the water resources are suitable for their intended uses, while at the same time allowing them to be used and developed to a certain extent. Effective management is the tool through which this is achieved.
Water quality management therefore involves the maintenance of the fitness for use of water resources on a sustained basis by achieving a balance between socioeconomic development and environmental protection. From a regulatory point of view, the business of water quality management entails the ongoing process of planning, development, implementation and administration of water quality management policy, the authorisation of water uses that may have, or may potentially have, an impact on water quality, as well as the monitoring and auditing of the aforementioned.
The effects of polluted water on human health, on the aquatic ecosystem and on various sectors of the economy, including agriculture, can be disastrous. Deteriorating water quality leads to increased treatment costs of potable water and industrial process water, and decreased agricultural yields due to increased salinity of irrigation water. On the other hand, not all health, productivity and ecological problems associated with deteriorating water quality are ascribed to human activities.
Many water quality-related problems are inherent in the geological characteristics of the source area. The occurrence, transport and fate in the aquatic environment of numerous persistent and toxic metals and organic compounds such as pesticides have given cause for serious concern. Contamination of groundwater resources or sediments deposited in riverbeds, impoundments and estuaries, and toxic and persistent compounds can cause irreversible pollution, sometimes long after the original release into the environment has ceased.
Water quality management in South Africa is governed and/or influenced by a hierarchical suite of environmental legislation, which ranges from South Africa’s water resource management-related international obligations, of which Agenda 21 is a prominent example.
The Constitution of 1996, Act 108 of 1996, constitutes the supreme law of the country and guarantees the rights of all the people in South Africa. There is also framework environmental legislation, such as the National Environmental Management Act, Act 107 of 1998, which was principally promulgated to enact sections 24 and 41 of the Constitution, section 41 containing provisions on co-operative governance. In terms of sectoral environmental legislation, the National Water Act of 1998 is the most prominent example.
There is a need for water security to the same extent as human security. Recent events in Southern Africa highlight the potential for conflict in this regard. Conflicts over our natural resources and environmental degradation have dogged South Africa for decades and are likely to intensify since there are few agreed mechanisms … [Time expired.] [Applause.]
The TEMPORARY CHAIRPERSON (Mr A Mlangeni): Hon Ditshetelo, I owe you half a minute from the previous discussion. I will allow you to use it in this debate. Thank you.
Rre P H K DITSHETELO: Ke a leboga Modulasetulo. Re le UCDP, re ema pegelo e nokeng. Matsapa a a tserweng ke Lefapha la Merero ya Metsi le Dikgwa a tshwanelwa ke go akgolwa le go tlotlomadiwa. Dithuto dingwe tse di tswang mo dipuisanong tse, ke tse di latelang: Tlhokomelo ya metsi e dirwe ka bophara mo go tlhakanetsweng tiro; ditshwetso e nne tse di sireletsang tlhago ka go akaretsa batho ba ba nnang mo lefelong leo; tlhokomelo ya gore ba ba kgotlhelang metsi ba otlhaiwe thata; ditshwetso tse di maleba di dirwe le batho botlhe ba ba amegang.
Go lemosega fa Lefapha la Merero ya Metsi le Dikgwa le tla tshwanelwa ke go di goga kwa pele mo go tlhomamiseng gore phepafatso ya metsi ke ya maemo a a kwa mankalankalen, go tlhokomela gore melawana e e maleba e dirisiwe, go tlhokomela gore dikago tse di maleba … [Nako e fedile.] [Legofi.] (Translation of Setswana speech follows.)
[Mr P H K DITSHETELO: Thank you, Chairperson. As the UCDP, we endorse this report. The efforts made by the Department of Water Affairs and Forestry must be appreciated. The other lessons we learned from these debates are the following: the expansion of water conservation to encourage team work, the involvement of local communities when decisions to enforce nature conservation are taken, the enforcing of punitive actions against people who contaminate water, and the involvement of affected people when relevant decisions are taken. It was noted that the Department of Water Affairs and Forestry has to play a leading role to ensure that water purification is at its best, relevant legislation is enforced, proper buildings …] [Time expired.] [Applause.]
The TEMPORARY CHAIRPERSON (Mr A Mlangeni): You’ve made use of your half minute. Thank you.
Ms S RAJBALLY: Chairperson, we know the importance of water to our survival. Yet, many of us take access to running water for granted, while many areas in South Africa still wait for running water and still use the bucket system.
According to a recent Unicef release, even though 1,2 billion people have gained access to safe water since 1990, the continued lack of safe water and decent sanitation claims 1,5 million young lives a year.
In light of government’s intention to increase access to potable water and abandon the bucket system, the MF welcomes this report that clearly indicates the Department of Water Affairs and Forestry’s determination to establish water security.
The MF is pleased that environmental protection has formed a part of this agenda and further acknowledges the Department of Water Affairs and Forestry’s financial constraints and the transformation it is trying to achieve under the auspicious leadership of Minister Lindiwe Hendricks. Thank you. [Time expired.]
Mr S SIMMONS: Chair, after serving for years on the Portfolio Committee for Water Affairs and Forestry, I can attest to the hard work that is being done by that department. The department is fortunate to have a number of dedicated individuals committed to achieving the department’s goals. Unfortunately, this in itself does not suffice to achieve the department’s objectives. For instance, the Water Research Commission pointed out that urban water quality was good but that there were significant challenges with rural water quality.
The challenge, it would seem, is to ensure that good water quality is consistently achieved, and the biggest barrier in achieving the aforementioned goal appears to be poor understanding of relevant legislation and guidelines. Therefore, I support the submission by Mr Mike Miller, from the Graduate School of Public and Development Management at the University of Witwatersrand, in his call for effective measures to ensure the provision of safe drinking water and, very importantly, that it is ensured that organisations responsible for water services provision have the competencies they need to do a good job. This would mean that more competent managers, researchers and operational staff should be employed following the reassessment of the levels of skills, monitoring and funding in and of the department. Once we have attended to these issues, then only can we talk about consistently meeting the world’s standards of safe water provision. I support the recommendations made by the portfolio committee. I thank you.
Ms T E LISHIVHA: Chairperson, Minister, hon members, I wish to further elaborate on the findings of the public hearings on water quality and water security held by the Portfolio Committee on Water Affairs and Forestry.
In terms of water quality, the stakeholders engaged extensively to highlight the challenges and solutions that are currently being formulated to ensure the quality of water in South Africa and to examine the need for improvement data about the conditions of South Africa’s water resources, focusing on the human and financial resources set aside for water quality protection, enforcement, monitoring and oversight, and on addressing the issue of water quality in rural areas.
Water is necessary for the survival of most living things. In fact, dehydration – a lack of water - will kill an organism faster than starvation. Regarding a lack of food, as the plants and animals that many human beings and other animals eat also depend on water, a lack of water could lead to starvation and dehydration. In addition to sustaining life, clean fresh water is needed by human beings for personal hygiene, irrigation, industry and recreation. The importance of clean water, coupled with its scarcity due to overuse, climate and pollution, has resulted in increased concern about water quality and quantity. South Africa too has noted the importance of addressing the issue of water quality and has begun the process of prioritising the quality of water.
South Africa has put in place various mechanisms to ensure the prioritisation of water quality. The legislative framework and policy require the Minister to establish a national monitoring system for water resources; and to collect appropriate data and information that is necessary to assess the quantity, quality and use of water with water resources in compliance with resource quality objectives.
Water resource management, including water quality management, is an exclusive national competency. Due to the extent and multiplicity of the management function associated with water quality management, it is no longer considered to be the sole obligation of a single authority, but is now increasingly the responsibility of all levels of the community, including industry, local government as well as individual water users.
The most effective means of facilitating participatory management is the catchment forum. Challenges such as insufficient management skills and motivation, and insufficient operational skills and funding for water treatment and supply are faced in rural areas and impact on the close link between water quality and food security.
It was heartening to note that a number of presenters mentioned creative solutions that were being initiated to address the challenges of water quality for the first time in South Africa. It was stressed that the governance of water matters in South Africa incorporates intergovernmental co-operation between the local, provincial and national governments.
The following examples were highlighted regarding the manner in which various sectors are addressing challenges: the collaboration of water quality management programmes between the SA Local Government Association, the Department of Health, the Department of Education, and the Department of Water Affairs and Forestry to monitor quality in the provinces; and the roll-out of an electronic water quality management system to all water service authorities. This tracks over time the samples of water compiled and also tracks the compliance of municipalities with water quality policies. The hearings also provided an overview of the recent work undertaken to ensure that water quality is maintained at the optimal level in South Africa. Sustainable economic development in South Africa depends on ensuring water quality to ensure equitable distribution of resources; to begin to bring together and strengthen relationships; to create innovative channels between academic institutions and policy-makers; to ensure that research has an important implementation component and reaches the target audience struggling with water quality issues; to ensure that whatever work is undertaken by various stakeholders functions towards the national interest of performance and success in issues of water quality.
In other presentations it was noted that quality commitment entails the provision that water must be safe for lifelong consumption; must be potable; and should not contain any chemical or radiological substances that would be dangerous to health. Chapter 4 of the World Health Organisation report of 2004 highlighted the following aspects in terms of the safety of drinking water, and I quote:
The most effective means of consistently ensuring the safety of drinking water supply is through the issue of a comprehensive risk assessment and risk management approach that encompasses all steps in water supply from catchment to consumers.
Whilst it was generally agreed that water quality in South Africa was effectively monitored, certain recommendations emerged which will assist the sector to be vigilant in all aspects of water quality. The following were highlighted …
The TEMPORARY CHAIRPERSON (Mr A Mlangeni): Hon member, I regret your time has expired. [Applause.]
The MINISTER OF WATER AFFAIRS AND FORESTRY: Chairperson and hon members, I would like to thank all the hon members who participated in this debate for their encouraging remarks, as well as for their words of advice. Water is life. The issue of quality drinking water is critical to the wellbeing of all South Africans, and is therefore a very important area of focus for my department.
Whilst South Africa, as we have already heard, is doing very well in maintaining a very high standard of water quality, it is important that we are open about the challenges that exist in this area. That is why I would like to thank the portfolio committee for hosting the hearings, and for producing the report that is the subject for debate today.
We as the department would like to say that we have noted the contents of the report and all the recommendations that have been made by the portfolio committee. The question is: Is South Africa’s drinking water safe? We have a high level of confidence in the quality and safety of drinking water provided to the people living in the metropolitan and greater urban areas. I am confident enough in the quality of the water I drink from the tap, and even the bottled water that I drink is from the tap water supplied by Rand Water.
In rural areas and smaller municipalities, however, steps are being taken to ensure that the quality of tap water will also meet the strictest of standards. Hon members of the House would be aware that local government is the one that has the responsibility, through their water service providers, to manage the quality of water; with the Department of Water Affairs and Forestry as the regulator and sector leader ensuring that this is done effectively.
The Minister has the powers to intervene where the quality of the water is not up to the required standard. My department partnered with the Free State provincial government and the local authorities to pilot an electronic system to monitor the quality of water. The success of this joint effort has resulted in 95% to 98% of the authorities in that province collecting the data and complying with quality requirements. These figures include even the rural areas of the Free State. This then highlights what can be achieved in both our urban and rural areas.
This system, as the hon Semple has already said here, is being rolled out to the rest of the country, so that in a short period all water services authorities will have an electronic drinking water quality management system. The system requires that these authorities capture water quality information on a regular basis and prepare monthly reports that are then submitted both to the municipality as well as to my department.
This system is a tool for my department to play an oversight role. But more than that, it is capacitating local government and water services authorities to be effective in ensuring the supply of safe drinking water. This system will complement the ongoing water quality monitoring activities that water services authorities have been engaged in. Already 85% of the water services authorities have been monitoring water quality this year, as compared to 58% in 2005.
To ensure that we maintain our high quality of water, we do require co- operative governance, and I urge local government to support the roll-out of this system so that we can ensure that the quality of drinking water meets stringent standards and that where problems are identified, interventions can be made. The successful turnaround of a small municipality such as Kei-Gariep in the Northern Cape not only encourages me but also restores my faith in the capacity and proficiency that exist in the sector.
As part of our programme to ensure water quality, we have commissioned studies through the Water Research Commission to assess potable water quality, water distribution systems and disinfection, the result of which will further inform my department’s future actions. A study has also been undertaken to identify capacity needs in local authorities, and those recommendations will inform what support measures we as a department put in place in order to assist local government.
The Water Information Network, which is a collaborative sector initiative, is facilitating knowledge dissemination about good practice so as to strengthen the knowledge base in the water sector. These efforts contribute towards meeting the objective of ensuring the safety of drinking water by improving the skills levels of those responsible for treating and reticulating drinking water.
I am encouraged by the initiatives of the Department of Provincial and Local Government and institutions such as the Water Research Institution, the Water Institute of Southern Africa and the Institute for Municipal Engineering of Southern Africa that have collaborated with us to ensure that technical capacity is increased at local government level.
It has become clear that isolated problems over drinking water quality have been used by companies who want to market their products, whether it’s their water purification systems or their bottled water. Unfortunately, this is not doing justice to the quality of our water in the majority of our country, which has been ranked tenth best in the world. But more than that, what this does is that it causes confusion amongst the poorest of the poor who, when they listen to these marketing gimmicks, think that our water is not good enough and will take the very money which they need for other things and start buying bottled water.
As part of our efforts to overcome these misconceptions, we are implementing monitoring programmes including at schools. Just yesterday, as part of World Water Monitoring Day, my department ran a programme in 40 schools whereby learners were given water quality test kits, trained in how to use them and in how to conduct tests on water quality in their own local environment.
These learners are going to record the results of these tests, and we expect them to give feedback of their findings to both the local municipality as well as to my department. Next year, we of course look forward to having more schools and a greater number of children participating in this exciting initiative. Not only is this going to assist us in knowing exactly what the quality of water is in the areas where these 40 schools are, but it might interest these children to study careers around water purification and water sciences.
Based on this information that will be coming back to us, where the water services authorities fail to comply with supplying safe drinking water, we will be able, through these results, to quickly identify the problems and give the support for them to improve the situation.
As I conclude, I want to say that last year the problems of drinking water quality in Delmas were severe to the point where lives were lost as a result of the typhoid fever outbreak. My department, along with the relevant provincial government departments, has been working …
The TEMPORARY CHAIRPERSON (Mr A Mlangeni): Hon Minister, I give you one minute to round up your speech, please.
The MINISTER OF WATER AFFAIRS AND FORESTRY: Chairperson, I still have time left.
The TEMPORARY CHAIRPERSON (Mr A Mlangeni): Oh! I am sorry.
The MINISTER OF WATER AFFAIRS AND FORESTRY: We have been working to turn the situation around. I must say that the turnaround strategy that we have employed there has worked very well, and we are hoping that when we exit from the area, the local government will continue with providing the people of Delmas with clean drinking water.
We as a department are committed to the provision of quality drinking water in our country and will continually find ways and mechanisms to ensure that all the recommendations and suggestions that came to us through these public hearings and this debate are looked at, and where possible, implemented. I thank you. Ngiyabonga. [Applause.] Debate concluded.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move that the report be adopted.
Motion agreed to.
Report accordingly adopted.
UNPARLIAMENTARY LANGUAGE
(Ruling)
The TEMPORARY CHAIRPERSON (Mr A Mlangeni): Before I adjourn the House, I wish to give a ruling. On 17 October during the debate on the subject of ubuntu, the hon C P Mulder raised a point of order contending that the hon J P Phungula had made racially insulting remarks by referring to whites as people who bring drugs into the country.
Although I ruled at the time that I did not hear racial incitement in the terms referred to by the hon Mulder, I nevertheless undertook to look at the Hansard and give a ruling.
After having had the opportunity to study the unrevised Hansard, I wish to confirm that the hon Phungula did not refer directly to whites bringing drugs into the country.
I must, however, add that in reading the unrevised Hansard, I found various references to members, generally, in rather offensive terms. There were references to people being mentally unfit, being animals and not having the personality of being a human being. It is not acceptable to make such references to members of this House. The hon Phungula did not comply with the Rules in that he addressed members directly, rather than through the Chair. Indeed, I had to remind him not to point at members. The Chair cannot and will not tolerate such remarks in future.
The House adjourned at 16:40. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
ANNOUNCEMENTS
National Assembly
The Speaker
- Referral to Committees of papers tabled
1. The following papers are referred to the Portfolio Committee on
Agriculture and Land Affairs for consideration and report. The
Reports of the Auditor-General and the Independent Auditors are
referred to the Standing Committee on Public Accounts for
consideration:
a) Report and Financial Statements of Vote 25 – Department of
Agriculture for 2005-2006, including the Report of the Auditor-
General on the Financial Statements of Vote 25 for 2005-2006
[RP 156-2006].
b) Report and Financial Statements of Vote 29 – Department of Land
Affairs for 2005-2006, including the Report of the Auditor-
General on the Financial Statements of Vote 29 for 2005-2006
[RP 226-2006].
c) Report and Financial Statements of the Ingonyama Trust Board
for 2005-2006, including the Report of the Auditor-General on
the Financial Statements for 2005-2006 [RP 227-2006].
d) Report and Financial Statements of the Ncera Farms (Pty) Ltd
for 2005-2006, including the Report of the Independent Auditors
on the Financial Statements for 2005-2006.
e) Report and Financial Statements of the Agricultural Research
Council (ARC) for 2005-2006, including the Report of the
Auditor-General on the Financial Statements for 2005-2006 [RP
168-2006].
f) Report and Financial Statements of Onderstepoort Biological
Products Limited for 2005-2006, including the Report of the
Independent Auditors on the Financial Statements for 2005-2006.
g) Report and Financial Statements of the National Agricultural
Marketing Council (NAMC) for 2005-2006, including the Report of
the Auditor-General on the Financial Statements for 2005-2006
[RP 1-2006].
h) Report and Financial Statements of the Perishable Products
Export Control Board (PPECB) for 2005-2006, including the
Report of the Independent Auditors on the Financial Statements
for 2005-2006.
2. The following papers are referred to the Portfolio Committee on
Science and Technology for consideration and report. The Reports of
the Auditor-General and the Independent Auditors is referred to the
Standing Committee on Public Accounts for consideration:
a) Report and Financial Statements of the South African Council
for Natural Scientific Professions for 2005-2006, including the
Report of the Independent Auditors on the Financial Statements
for 2005-2006.
b) Report and Financial Statements of the Africa Institute of
South Africa for 2005-2006, including the Report of the Auditor-
General on the Financial Statements for 2005-2006.
3. The following paper is referred to the Standing Committee on
the Auditor-General for consideration and to the Standing Committee
on Public Accounts:
a) The Budget and Strategic Plan of the Auditor-General for 2006-
2007 [RP 215-2006].
4. The following papers are referred to the Portfolio Committee on
Transport for consideration and report. The Reports of the Auditor-
General and the Independent Auditors are referred to the Standing
Committee on Public Accounts for consideration:
a) Report and Financial Statements of the South African National
Roads Agency Limited (SANRAL) for 2005-2006, including the
Report of the Independent Auditors on the Financial Statements
for 2005-2006 [RP 144-2006].
b) Report and Financial Statements of the South African Rail
Commuter Corporation Limited (SARRC) for 2005-2006, including
the Report of the Independent Auditors on the Financial
Statements for 2005-2006 [RP 155-2006].
c) Report of the Regulating Committee of the Airports Company of
South Africa and Air Navigation Services Company for 2005-2006.
d) Report and Financial Statements of the Cross-Border Road
Transport Agency (C-BRTA) for 2005-2006, including the Report
of the Auditor-General on the Financial Statements for 2005-
2006 [RP 126-2006].
e) Report and Financial Statements of the Air Traffic and
Navigation Services Company Limited (ATNS) for 2005-2006,
including the Report of the Independent Auditors on the
Financial Statements for 2005-2006.
f) Report and Financial Statements of the South African Maritime
Safety Authority (SAMSA) for 2005-2006, including the Report of
the Auditor-General on the Financial Statements (including the
Maritime Fund) for 2005-2006 [RP 110-2006].
g) Report and Financial Statements of the Railway Safety Regulator
(RSR) for 2005-2006, including the Report of the Auditor-
General on the Financial Statements for 2005-2006 [RP 200-
2006].
h) Report and Financial Statements of the South African Search and
Rescue Organisation (SASAR) for 2005-2006.
i) Report and Financial Statements of the South African Civil
Aviation Authority (SACAA) for 2005-2006, including the Report
of the Independent Auditors on the Financial Statements for
2005-2006 [RP 98-2006].
5. The following paper is referred to the Portfolio Committee on
Social Development for consideration and report. The Report of the
Auditor-General is referred to the Standing Committee on Public
Accounts for consideration:
a) Report and Financial Statements of Vote 18 – Department of
Social Development for 2005-2006, including the Report of the
Auditor-General on the Financial Statements of Vote 18 for 2005-
2006 [RP 208-2006].
6. The following paper is referred to the Portfolio Committee on
Correctional Services for consideration and report. The Report of
the Auditor-General is referred to the Standing Committee on Public
Accounts for consideration:
a) Report and Financial Statements of Vote 20 – Department of
Correctional Services for 2005-2006, including the Report of
the Auditor-General on the Financial Statements of Vote 20 for
2005-2006 [RP 206-2006].
7. The following papers are referred to the Portfolio Committee on
Justice and Constitutional Development:
a) Proclamation No R.25 published in Government Gazette No 28973
dated 27 June 2006: Commencement of the Regulation of
Interception of Communications and Provision of Communication-
related Information Act, 2002 (Act No 70 of 2002) Amendment and
Repeal of Proclamations.
b) Proclamation No R.33 published in Government Gazette No 29115
dated 11 August 2006: Referral of Matters to Existing Special
Investigating Unit and Special Tribunal, in terms of the
Special Investigating Units and Special Tribunals Act, 1996
(Act No 74 of 1996).
8. The following papers are referred to the Portfolio Committee on
Finance for consideration and report. The Reports of the Auditor-
General and the Independent Auditors are referred to the Standing
Committee on Public Accounts for consideration:
a) Report and Financial Statements of Vote 8 – National Treasury
for 2005-2006, including the Report of the Auditor-General on
the Financial Statements of Vote 8 for 2005-2006 [RP 128-2006].
b) Report and Financial Statements of the South African Revenue
Service (SARS) for 2005-2006, including the Report of the
Auditor-General on the Financial Statements for 2005-2006 [RP
167-2006].
c) Report and Financial Statements of Vote 13 – Statistics South
Africa for 2005-2006, including the Report of the Auditor-
General on the Financial Statements of Vote 13 for 2005-2006
[RP 57-2006].
d) Report and Financial Statements of the Development Bank of
Southern Africa Limited for 2005-2006, including the Report of
the Independent Auditors on the Financial Statements for 2005-
2006.
e) Activities Report of the Development Fund of the Development
Bank of Southern Africa Limited for 2005-2006.
f) Report and Financial Statements of the Reconstruction and
Development Fund for 2005-2006, including the Report of the
Auditor-General on the Financial Statements for 2005-2006.
9. The following paper is referred to the Portfolio Committee on
Communications for consideration and report. The Report of the
Auditor-General is referred to the Standing Committee on Public
Accounts for consideration:
a) Report and Financial Statements of the South African Post
Office Limited for 2005-2006, including the Report of the
Independent Auditors on the Financial Statements for 2005-2006.
10. The following paper is referred to the Portfolio Committee on
Labour and the Portfolio Committee on Public Works for
consideration and report. The Report of the Auditor-General is
referred to the Standing Committee on Public Accounts for
consideration:
a) Report and Financial Statements of the Construction Education
and Training Authority (CETA) for 2005-2006, including the
Report of the Auditor-General on the Financial Statements for
2005-2006 [RP 68-2006].
11. The following papers are referred to the Portfolio Committee on
Public Works for consideration and report. The Reports of the
Auditor-General are referred to the Standing Committee on Public
Accounts for consideration:
a) Report and Financial Statements of Vote 6 – Department of
Public Works for 2005-2006, including the Report of the Auditor-
General on the Financial Statements of Vote 6 for 2005-2006.
b) Report and Financial Statements of the Independent Development
Trust for 2005-2006, including the Report of the Auditor-
General on the Financial Statements for 2005-2006 [RP 122-
2006].
12. The following papers are referred to the Portfolio Committee on
Home Affairs for consideration and report and to the Portfolio
Committee on Foreign Affairs:
a) Southern African Development Community (SADC) Protocol on the
Facilitation of Movement of Persons, tabled in terms of section
231(2) of the Constitution, 1996.
b) Explanatory Memorandum to the Southern African Development
Community (SADC) Protocol on the Facilitation of Movement of
Persons.
13. The following papers are referred to the Portfolio Committee on
Minerals and Energy for consideration and report. The Reports of
the Auditor-General is referred to the Standing Committee on Public
Accounts for consideration:
a) Report and Financial Statements of Vote 30 – Department of
Minerals and Energy for 2005-2006, including the Report of the
Auditor-General on the Financial Statements of Vote 30 for 2005-
2006.
b) Report and Financial Statements of the Council for Geoscience
(CGE) for 2005-2006, including the Report of the Auditor-
General on the Financial Statements for 2005-2006 [RP 58-2006].
c) Report and Financial Statements of the Central Energy Fund
Group of Companies (CEF) for 2005-2006, including the Report of
the Auditor-General and the Independent Auditors on the
Financial Statements of the Central Energy Fund Group of
Companies for 2005-2006 [RP 148-2006].
d) Report and Financial Statements of the National Energy
Regulator of South Africa (NERSA) for 2005-2006, including the
Report of the Auditor-General on the Financial Statements for
2005-2006.
e) Report and Financial Statements of the Mine Health and Safety
Council for 2005-2006, including the Report of the Auditor-
General on the Financial Statements for 2005-2006 [RP 40-2006].
f) Report and Financial Statements of the South African Diamond
Board Fund for 2005-2006, including the Report of the Auditor-
General on the Financial Statements for 2005-2006 [RP 138-
2006].
g) Report and Financial Statements of the Nuclear Safety Regulator
for 2005-2006, including the Report of the Auditor-General on
the Financial Statements for 2005-2006 [RP 52-2006].
h) Report and Financial Statements of the South African Nuclear
Energy Corporation Limited (NECSA) for 2005-2006, including the
Report of the Auditor-General on the Financial Statements for
2005-2006 [RP 109-2006].
i) Report and Financial Statements of the Electricity Distribution
Industrial Holdings (Pty) Ltd (EDIH) for 2005-2006, including
the Report of the Auditor-General on the Financial Statements
for 2005-2006.
14. The following papers are referred to the Portfolio Committee on
Finance:
a) Government Notice No 862 published in Government Gazette No
29160 dated 25 August 2006: Stopping of Schedule 4 allocation
to certain Provinces, in terms of the Division of Revenue Act,
2005 (Act No 1of 2005).
b) Government Notice No 870 published in Government Gazette No
29180 dated 31 August 2006: Determination of interest rate for
purposes of paragraph (a) of the definition of “Official rate
of interest” in paragraph 1 of the Seventh Schedule to the
Income Tax Act, 1962 (Act No 58 of 1962).
c) Government Notice No R.914 published in Government Gazette No
29206 dated 15 September 2006: Notice in terms of section
7(2)(a) of the Statistics Act, 1999 (Act No 6 of 1999).
15. The following paper is referred to the Portfolio Committee on
Safety and Security for consideration and report. The Report of the
Auditor-General is referred to the Standing Committee on Public
Accounts for consideration:
a) Report and Financial Statements of Vote 24 – Department for
Safety and Security for 2005-2006, including the Report of the
Auditor-General on the Financial Statements of Vote 24 for 2005-
2006 [RP 213-2006].
16. The following papers are referred to the Portfolio Committee on
Foreign Affairs for consideration and report. The Reports of the
Auditor-General are referred to the Standing Committee on Public
Accounts for consideration:
a) Report and Financial Statements of Vote 3 – Department of
Foreign Affairs for 2005-2006, including the Report of the
Auditor-General on the Financial Statements of Vote 3 for 2005-
2006.
b) Report and Financial Statements of the African Renaissance and
International Co-operation Fund for 2005-2006, including the
Report of the Auditor-General on the Financial Statements for
2005-2006.
17. The following paper is referred to the Portfolio Committee on
Labour and the Portfolio Committee on Finance for consideration and
report. The Report of the Auditor-General is referred to the
Standing Committee on Public Accounts for consideration:
a) Report and Financial Statements of the Finance, Accounting,
Management Consulting and other Financial Services Sector
Education and Training Authority (FASSET) for 2005-2006,
including the Report of the Auditor-General on the Financial
Statements for 2005-2006 [RP 73-3006].
18. The following papers are referred to the Portfolio Committee on
Housing for consideration and report. The Reports of the Auditor-
General and the Independent Auditors are referred to the Standing
Committee on Public Accounts for consideration:
a) Report and Financial Statements of Vote 28 – Department of
Housing for 2005-2006, including the Report of the Auditor-
General on the Financial Statements of Vote 28 for 2005-2006
[RP 141-2006].
b) Report and Financial Statements of the National Urban
Reconstruction and Housing Agency (NURCHA) for 2005-2006.
c) Annual Financial Statements of the National Urban
Reconstruction and Housing Agency (NURCHA) including the Report
of the Independent Auditors on the Financial Statements for
2005-2006.
d) Report and Financial Statements of The Thubelisha Homes for
2005-2006, including the Report of the Independent Auditors on
the Financial Statements for 2005-2006.
e) Report and Financial Statements of Servcon Housing Solutions
(Proprietary) Limited for 2005-2006, including the Report of
the Independent Auditors on the Financial Statements for 2005-
2006.
f) Report and Financial Statements of the National Housing Finance
Corporation Ltd (NHFC) for 2005-2006, including the Report of
the Independent Auditors on the Financial Statements for 2005-
2006.
19. The following papers are referred to the Portfolio Committee on
Sport and Recreation for consideration and report. The Reports of
the Auditor-General are referred to the Standing Committee on
Public Accounts for consideration:
a) Report and Financial Statements of Vote 19 – Department of
Sport and Recreation for 2005-2006, including the Report of the
Auditor-General on the Financial Statements for 2005-2006.
b) Report and Financial Statements of the South African Drug-Free
Sport for 2005-2006, including the Report of the Auditor-
General on the Financial Statements for 2005-2006 [RP 147-
2006].
20. The following papers are referred to the Portfolio Committee on
Trade and Industry for consideration and report. The Reports of the
Auditor-General are referred to the Standing Committee on Public
Accounts for consideration:
a) Report and Financial Statements of Vote 32 – Department of
Trade and Industry for 2005-2006, including the Report of the
Auditor-General on the Financial Statements of Vote 32 for 2005-
2006.
b) Report and Financial Statements of the National Lotteries Board
for 2005-2006, including the Report of the Auditor-General on
the Financial Statements for 2005-2006 [RP 164-2006].
c) Report of the South African Council for the Non-Proliferation
of Weapons of Mass Destruction for July 2004 to June 2005.
d) Report of the South African Council for the Non-Proliferation
of Weapons of Mass Destruction for July 2005 to June 2006.
21. The following paper is referred to the Portfolio Committee on
Home Affairs for consideration and report. The Report of the
Auditor-General is referred to the Standing Committee on Public
Accounts for consideration:
a) Report and Financial Statements of Vote 4 – Department of Home
Affairs for 2005-2006, including the Report of the Auditor-
General on the Financial Statements of Vote 4 for 2005-2006 RP
223-2006]. TABLINGS
National Assembly and National Council of Provinces
- The Minister of Defence
a) Report and Financial Statements of the Castle of Good Hope for 2004-
2005, including the Report of the Auditor-General on the Financial
Statements for 2004-2005 [RP 214-2005].
National Assembly
- The Speaker
(a) Letter from the Minister of Defence, dated 29 September 2006,
to the Speaker of the National Assembly, in terms of section
65(2)(a) of the Public Finance Management Act, 1999 (Act No 1 of
1999), explaining the delay in the tabling of the Annual Report of
the Castle of Good Hope for 2004-2005:
LATE TABLING IN PARLIAMENT OF THE CASTLE OF GOOD HOPE ANNUAL REPORT
FY 2004/2005
1. It is a great pleasure and honour for me to present to you the
Annual Report for the Castle of Good Hope for Financial Year
2004/2005 for tabling in Parliament as stated in Section 65(1)
of the Public Finance Management Act, 1999. The Castle of Good
Hope Annual Report also includes the financial statements and
the Auditor-General’s report on the Castle of Good Hope.
2. As this is the first submission, I have been faced with many
challenges with regards to compiling the report. The reasons
for late tabling, as required by Section 65(2), are attributed
to the following:
a. The absence of an appointed CEO/CFO and Audit Committee.
b. The composition of the Castle Control Board and amendment
of the Castle Management Act has not yet been resolved.
c. The Castle Control Board was not aware of the fact that
they had to compile an Annual Report that had to be tabled
in Parliament; however the Annual Financial Statements have
been audited and submitted to both National Treasury and
the DOD.
3. In spite of the shortcomings above, care will be taken in
future that the tabling of the annual report is done timeously.
MR M G P LEKOTA
MINISTER OF DEFENCE
COMMITTEE REPORTS
National Assembly
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Report of the Portfolio Committee on Justice and Constitutional Development on the Provisional Suspension from Office of Magistrate Mr I X Masimini, dated 19 October 2006:
The Portfolio Committee on Justice and Constitutional Development, having considered the report on the provisional suspension from office of magistrate IX Masimini, tabled by the Minister for Justice and Constitutional Development in terms of section 13 (3) (a) of the Magistrates Act, 1993 (Act 90 of 1993) reports as follows:
1) The Portfolio Committee notes that the Minister for Justice provisionally suspended Mr. IX Masimini from office on 17 August 2006 in terms of section 13 (3) (a) of the Magistrates Act, 1993, and the Minister’s report was tabled in Parliament on the 21 August 2006. 2) The Portfolio Committee was advised that Mr. Masimini was on a previous occasion found guilty of misconduct, on three (3) counts in that he had used “foul and/or injudicious language in court”. 3) In terms of regulation 26 (17) (a) (iv) of the Regulations for Judicial Officers in Lower Courts 1994, imposition of a sanction was postponed by the presiding officer for a period of 12 months. Mr. IX Masimini was ordered to subject himself inter- alia for psychological counselling and therapy sessions. 4) Three (3) days after he was so enjoined Mr. Masimini allegedly assaulted a woman at a tavern causing an open wound on her chin. 5) Four (4) months later Mr. IX Masimini appeared in court on a charge of assault with the intent to do grievous bodily harm. 6) A misconduct inquiry was set down for hearing by the Magistrates Commission for the period between 22-24 August 2006. 7) At its meeting of the 20 July 2006, the Magistrates Commission resolved as follows: “…in those instances where a misconduct inquiry is instituted following criminal charges against a magistrate, the misconduct inquiry not be proceeded with pending the outcome of the criminal case. The process of the inquiry is started by serving of the charge sheet. The inquiry should thereafter be postponed indefinitely pending the outcome of the criminal case.”. 8) The misconduct inquiry accordingly was postponed sine die. 9) The Committee is of the view that this resolution is extremely unfortunate, and urges the Magistrates Commission to review its decision at the next available occasion.10) Given the Magistrates Commission’s resolution and given the fact that Mr. IX Masimini would receive his full salary while on suspension, the Committee is of the view that the suspension of Mr. IX Masimini on full pay would be inappropriate and would not promote the good standing of the Magistracy. The suspension of the magistrate on full pay would not further contribute to the efficacy of the court where he is stationed. The Committee suggests that the magistrate be utilized in an administrative capacity at the court he is stationed.
The Committee accordingly recommends that House not confirm the provisional suspension of Magistrate IX Masimini.
Report to be considered.
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Report of the Portfolio Committee on Justice and Constitutional Development on the Provisional Suspension from Office of Magistrate Mr M Matereke, dated 19 October 2006:
The Portfolio Committee on Justice and Constitutional Development, having considered the report on the provisional suspension from office of magistrate M Matereke, tabled by the Minister for Justice and Constitutional Development in terms of section 13 (3) (a) of the Magistrates Act, 1993 (Act 90 of 1993) reports as follows:
1. The Portfolio Committee noted from the report that Mr. Matereke was previously suspended from office in respect of different criminal allegations and due to the fact that those charges were withdrawn, and the Magistrates Commission has decided not to pursue misconduct proceedings the magistrate’s suspension “lapsed”. During this time, Mr. Matereke has been away from office on full pay. 2. The Minister for Justice provisionally suspended Mr. Matereke on the recommendation of the Magistrates Commission on the 17 August 2006, and the Minister’s report was tabled in Parliament on the 21 August 2006. 3. Mr. Matereke was convicted of murder and assault on 4 July 2006, having first appeared in the Johannesburg Regional Court on 18 February 2003 i.e. 3 years, one month and 5 days before the Magistrates Commission charged him with misconduct. 4. The Committee finds it completely unacceptable that there was this inordinate delay, and urges the Commission to finalise its proceedings and if possible to consider Mr. Matereke’s immediate removal from office, particularly given that he is currently in prison having been inter-alia found guilty of murder. 5. The Committee further urges the Magistrates Commission to review its recent decision to not proceed with misconduct hearings pending the outcome of criminal cases against magistrates. 6. Accordingly the Committee recommends that the House resolve to confirm the provisional suspension of Mr M Matereke.
Report to be considered.