TUESDAY, 14 FEBRUARY 2006 __

          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES

                                ____

The Council met at 10:05.

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

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

                  SUCCESS BY ANC DURING PAST DECADE


                         (Draft Resolution)

Mnr C J VAN ROOYEN: Voorsitter, ek stel sonder kennisgewing voor:

Dat die Huis -

(1) kennis neem van die ANC se 2006-verkiesingsmanifes wat daarop gemik is om ’n beter lewe vir almal te verseker;

(2) kennis neem van die volgende suksesse wat die afgelope dekade deur die ANC behaal is, naamlik dat - (a) meer mense as ooit tevore toegang tot skoon water en elektrisiteit het;

    (b)      meer mense die geleentheid het om hulle lewe te verbeter
           en geleerdheid en vaardighede te bekom en ’n beter Suid-
           Afrika te help bou;


    (c)      dit nog nooit beter gegaan het met die Suid-Afrikaanse
           ekonomie as onder die ANC-regering nie;


    (d)      meer mense as ooit tevore toegang het tot behuising, grond
           en onderwys;


    (e)      die gehalte van diens by klinieke verbeter het; en

(3) die ANC gelukwens met hierdie ongekende vooruitgang die afgelope dekade.

(Translation of Afrikaans draft resolution follows.)

[Mr C J VAN ROOYEN: Chairperson, I move without notice:

That the Council –

(1) notes the ANC’s 2006 election manifesto which is aimed at ensuring a better life for all; (2) notes the following successes that were achieved by the ANC over the past decade, namely that -

    (a)      more people than ever before have access to clean water
         and electricity;


    (b)      more people are in a position to better their lives,
         attain knowledge and skills and help build a better South
         Africa;


    (c)      things have never been better with the South African
         economy than under ANC rule;


    (d)      more people have access to housing, land and education
         than ever before; and


    (e)      the quality of service at clinics has improved; and


 3) congratulates the ANC on this unprecedented progress over the  past
    decade.]

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

Mr M A MZIZI: Deputy Chairperson, though I am not against the motion, the procedure should have been that if a motion without notice is going to be given in the House, it should circulate amongst all parties so that we all take notice of what is going to take place. That is the agreement I know of. But I am not against the motion, as it has no connotations that may make one sneeze, but I think the procedure needs to be followed.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Hon Mzizi, if you have an objection to that motion then you have to state it. But if haven’t got an objection, the motion is agreed to in terms of section 65 of the Constitution.

              CLUSTERING OF ORAL QUESTIONS TO MINISTERS


                         (Draft Resolution)

The CHIEF WHIP OF THE COUNCIL: Deputy Chairperson, I move:

That -

(1) notwithstanding Rule 234(2), the Council put on a trial run the clustering of oral questions to Ministers, as follows:

     Cluster 1: Peace and Security


     Defence, Foreign Affairs, Safety and Security, Correctional
     Services, Justice and Constitutional Development, Intelligence;


     Cluster 2: Social Services and Governance


     Home Affairs, Education, Social Development, Housing, Public
     Service and Administration, Communications, Water Affairs and
     Forestry, Arts and Culture, Health, Sport and Recreation, Minister
     in the Presidency, Provincial and Local Government;


     Cluster 3: Economics


     Finance, Public Works, Public Enterprises, Trade and Industry,
     Labour, Agriculture and Land Affairs, Transport, Environmental
     Affairs and Tourism, Minerals and Energy, Science and Technology;
     and


 2) the National Council of Provinces Rules  in  respect  of  time  and
    number of questions to Ministers shall remain unchanged, unless the
    Chairperson of the Council from time to time decides otherwise.

The DEPUTY CHAIRPERSON OF THE NCOP: (Ms P M Hollander) We shall now proceed to the voting on the question. I shall do this in alphabetical order per province. Delegation heads must please indicate to the Chair whether they vote in favour of or against, or abstain from voting. Eastern Cape? Ms B N DLULANE: In favour.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Free State?

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

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Gauteng?

Mr E M SOGONI: Steun. [Support.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): KwaZulu-Natal?

Mr Z C NTULI: KwaZulu-Natal elethu. [KwaZulu-Natal supports.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Limpopo?

Ms H F MATLANYANE: Supports.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Mpumalanga?

Ms F NYANDA: Mpumalanga supports.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Northern Cape?

Mr M C GOEIEMAN: Supports.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): North West?

Mr Z S KOLWENI: Supports.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Western Cape?

Mr N J MACK: Supports.

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

CONSIDERATION OF REPORT ON FOLLOW-UP VISIT TO KWAZULU-NATAL IN TERMS
         OF THE PROGRAMME OF TAKING PARLIAMENT TO THE PEOPLE

CONSIDERATION OF REPORT ON FOLLOW-UP VISIT TO THE NORTH WEST IN TERMS
         OF THE PROGRAMME OF TAKING PARLIAMENT TO THE PEOPLE

The CHIEF WHIP OF THE COUNCIL: Chairperson, on a point of order: I am not sure whether your permission as a presiding officer has been sought for photographs to be taken in the House, because that should only be done with your permission.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Permission has been granted.

USIHLALO WOMKHANDLU KAZWELONKE WEZIFUNDAZWE: Sanibonani nonke malungu eNdlu ehloniphekile ephethe izifundazwe zonke zaseNingizimu Afrika. Ngithanda ukunihalalisela onyakeni omusha futhi nginifisele okuhle ezimpilweni zenu kanye nemindeni yenu njengoba siqala ukuhlangana namhlanje siyiNdlu. Ngithi inkosi ibe nani futhi niphile kahle kulo nyaka ka-2006. (Translation of isiZulu paragraph follows.)

[The CHAIRPERSON OF THE NCOP: Hon members of the National Council of Provinces, I greet you all. I would like to congratulate you and wish you and your families all the best in the New Year. May God be with you in the year 2006.]

I have been reminded since this morning, and I don’t know why, to also say I wish you all a happy Valentine’s Day. I do not want to expand on that because the debate is not about that. The debate is about the reports on the follow-up visits to KwaZulu-Natal and the North West.

We all know the challenges that our communities are facing, more especially local communities, right now. Regarding the work that we have done as the National Council of Provinces out there, I think there is nobody who can say to me he does not understand what is happening on the ground. If you then don’t understand what is happening, you have not been there. But I think we understand.

There are challenges that require us to work tirelessly together with our people to turn the misfortunes of our past on their heads and bring hope to those people who have elected us to be here. That’s a critical message. Unless we find ourselves on that type of route as members of the NCOP and members of Parliament, then we are out, because the role that we should play is the one that gives hope to our people on the ground all the time when we get in touch with them.

Our follow-up visits to KwaZulu-Natal and the North West were clearly aimed at doing exactly what I am saying, “ensuring that we work with our people to speed up service delivery”. These visits provide us with hands-on experience of the challenges facing our people and how government machinery is moving to address those things.

I would like to remind people all the time what our jobs as members of Parliament are. Remember: we pass the laws, the executive implements and we monitor the implementation. Remember those three critical things. You pass the laws, OK? The executive implements; you monitor the implementation. If we do not monitor, then we do not know what is happening, and we do not know whether those things are being implemented on the ground. That is a job that we have to do as members of Parliament and do it with the greatest love, from the bottom of our hearts.

From the outset, I would like to direct our committees to sit down and thoroughly look at the two reports to see what emerges from them. If they have already done so, I am grateful. If they haven’t, I say to them: Please go and sit down, and elicit some of the things from those reports. This will be important, as the committees need to identify the issues that were raised and put them before members of this House so that we can follow them up in a proper manner. We will await the report so that, as the House, we can determine the next step to take if the challenges still persist. We expect the committees to be creative in their follow-up so that they also provide guidance, as they are the people behind the laws and policies we have.

But, perhaps, at this point, I must say that, in the near future, I shall present a framework for a structured follow-up programme to assist the House and committees with a guide as to what we would expect from time to time after we have visited a province. This will be part of the exercise we need to do to advance our programme of action for this term of Parliament. We are reviewing this as I am speaking.

We should come up with a proper mechanism to support the work of the National Council of Provinces. It has been a concern to me for quite some time that we don’t have a proper mechanism to follow up. We are putting up that follow-up mechanism which we will adopt and own as a House, all of us, so that we run with it all of the time. This will be part of the exercise that we will be doing as members of the NCOP. This will include the need to strengthen the follow-up mechanism so that it makes our programme of “Taking Parliament to the People” more effective. It is therefore opportune at this point to raise one or two challenges that we faced after we decided to embark on a follow-up visit to KwaZulu-Natal and the Northern Cape.

The first example that I want to mention is that, in order to conduct a proper follow-up, we need to receive information from government departments and be able to interrogate it to see where the gaps are, because that is very important. Without that information, you don’t know where you are going. I know Rev Moatshe often raises this with us when we are in meetings.

Perhaps the time we gave departments to provide us with information was not adequate. Hence some departments, not the majority though, gave inadequate and, in some cases, irrelevant information to work with. The follow-up framework I have just mentioned will hopefully assist the departments to prepare as they would at least know when the NCOP would expect feedback and conduct follow-ups, because this is very important.

On following up on some departments concerning the need to submit information before we embark on these visits, my office also learned that a number of departments did not engage with our reports, to such an extent that the process of eliciting information about successes at regional levels – they had been tasked to follow up on issues in some of the cases provided - was too cumbersome. What I am trying to say here is that, although we came up with a report that we have passed over to the departments, the departments did not really study it and elicit the issues that they need to follow up with their regional structures or with their local structures in the different provinces. But perhaps we have been too cumbersome in asking our questions.

We will make it very simple for the departments by sending them reports that are reader-friendly, easy to understand and from which it will be easy to pick up the things that they need to pick up and follow up so that when we go there, they can give us a proper report on what they have done with those issues that we requested them to follow up. If we introduce some predictability as to when the NCOP could require feedback, I think the situation will definitely improve, as some of those departments were able to provide the required and relevant information although it was late and we were already on the ground.

The follow-up visits help to give us some more insight into the workings of the machinery of government. Without delving into the nuts and bolts of some of these issues that sometimes impede government attempts to speed up delivery, there is evidence of an apparent lack of communication between departments. For example, when we were in KwaZulu-Natal, it was apparent that there was lack of communication between the Department of Education and the Department of Public Works, in respect of physical planning regarding the building of infrastructure. This lack of communication was very evident when we visited Bhekukwazi High School in KwaMbonambi, and it points to the role that officials can play, sometimes unwittingly, in delaying the delivery of services on the ground.

In its report, for instance, the Department of Education said that it had made available resources to build the necessary infrastructure. But when we got to Bhekukwazi High School, which is one of the schools that had been visited by the NCOP in its initial visits, the two departments gave different accounts of the reasons for the slow delivery or lack of action on the ground. These are some of the things that we experience on the ground, which then make us more informed as to what is happening.

We cannot have a situation where officials, whose duty is to interpret and implement government programmes and policies, hold government to ransom, for no other reason than the fact that our people deserve better. Now we have to unlock that. We have to unblock that. If we have those types of public servants who still have the notion that they will hold government to ransom and not implement the policies that are there, then we have to do something about that. We can’t keep quiet.

But I would like to bring to the attention of the members that last month, the standing committee on education in the province visited the school to follow up on some of the things that were raised when we visited it in 2004 and last year. The school, which did not have water when we initially visited it, now has 25 000 litres of water supplied to it. That water is being made available and four additional classrooms have been built.

I am very proud that, early this year, the chairperson of committees in KwaZulu-Natal or the chairperson of that committee phoned me directly and said: “Mr Mahlangu, can I please have the report you people compiled as the NCOP when you came here last year.” I said: “For sure, you can have it.” I phoned my office and they forwarded the report. In the next two to three weeks they reported back to us and told us they had been there and also gave us information on what was happening.

Isn’t that good? What is it that we want if we do not want that? That is exactly what we want. This is the type of the communication that we want. This is the type of communication that we need between the provinces and the National Council of Provinces. When we touch ground there, they must report back to us and tell us what is happening because the community benefits in that way.

Our programme of “Taking Parliament to the People” should penetrate every corner of the land. Members of the NCOP who are representatives of the people in this Parliament must meet, discuss and take back to Parliament the issues that our people want to raise with Parliament. It is the voice of the people that must inform Parliament on how they want Parliament to work. The successes of the programme are a call to all of us to embolden our efforts to make change visible, to unlock constraints to delivery of service and to inform and educate the people about their rights and the laws that we have made to ensure that their lives are improved.

This week we are finalising our consultation on the important document: Programme 2009. We want to launch it later this week with the hope that each and every member of this House will use it as a guide to the work that the institution must do from this year until 2009. Later this year or early next year, when we review this programme, I will ask for a debate on what hon members of this House might have done to implement the things that are contained in the document.

I want that to be a public debate because we owe it to the public to explain to them what we have achieved, with regard to the commitments that have been made. The Deputy Chairperson of the NCOP and the House Chairpersons will monitor the implementation of the programme during the course of this year and inform the Chairperson of the NCOP from time to time.

When we rise as this House in 2009, we must have a scorecard that will illustrate what we have done to achieve the targets that are set out in the document – which I will expand on later this week.

The time has come for us all to roll up our sleeves, get down on the ground and work. Our collective wisdom, as members of this Parliament, must guide us in our quest to achieve for our people the ideal of realising a better quality of life. I’m confident that we have the will, the tenacity and the tools to make a difference. I again wish you good luck in your work in

1. Thank you very much. [Applause.]

Ms J M MASILO: Ke a leboga Motlatsa-Modulasetulo wa Ntlo e e tlotlegang, Modulasetulo wa NCOP, Rre Mahlangu, batlotlegi botlhe . . . [Thank you, Deputy Chairperson of this august house, Chairperson of the NCOP, Mr Mahlangu, distinguished guests . . . ] “. . . and I also wish you all a happy Valentine’s Day.”

This year marks, amongst other things, the 50th anniversary of the Women’s March to the Union Buildings. Malibongwe! It also marks the 30th anniversary of the 1976 Soweto uprisings and the 10th anniversary of the adoption of the Constitution of the Republic of South Africa in 1996.

We believe that it will be important to remind our people that according to our Constitution the Republic of South Africa is one, sovereign, democratic state founded on the values of human dignity, the achievement of equality and the advancement of human rights and freedom to address challenges that include poverty, unemployment and under-development that have been the legacy of our particular history.

Whilst we acknowledge that there are still challenges of poverty, joblessness and underdevelopment, we are nonetheless delighted to register progress in critical areas. More people have access to clean water, sanitation, electricity, land, education and health care. The services in places like hospitals, clinics, courts and police stations are improving with new infrastructure developments.

Ketelo ya rona mo kgaolong ya Bophirima e latela morago ga diketelo tse di nnileng teng mo kgweding ya Mopitlwe 2003 mo porofenseng ya Bokone Bophirima. Se e ne e le maiteko a NCOP go naya baagi ba Bophirima tšhono ya go buisana le baeteledipele ba bona ba sepolotiki mo mererong e e amang matshelo a baagi ba Aforika Borwa.

Ke tiro ya NCOP go bona gore maphata a mararo a puso a abelana maikarabelo a puso. Go bona gore go na le tirisanommogo magareng ga ona, dingwe tsa dikgetlo le diphitlhelelo tse go neng go buiwa ka tsona di akaretsa tse di latelang: thuto, dipuso-selegae, temothuo, tsweletso ya tsa leago, merero ya metsi le kago ya dikgwa. (Translation of Setswana paragraphs follows.)

[Our visit to the North West was a follow-up on other visits that took place in the province during March 2003. This was an attempt by the NCOP to give North West residents an opportunity to talk to their political leaders about issues that affect their lives as South African citizens.

It is the responsibility of the NCOP to ensure that there is co-operation and shared responsibility in facing challenges in the three spheres of government. They talked about, among other things, challenges and achievements, which include the following: local government, agriculture, social development and issues affecting water and forestry.]

In August 2005, as part of the follow-up visit, four delegations visited four schools in different areas of Bophirima District. The delegations met with site managers, school governing bodies, school management teams and learner representative councils. The following schools were visited: the Gabobidiwe High School, Reveilo High School, Walter Letsie High School and Joseph Saku Secondary School.

Several challenges were faced in Greater Taung Local Municipality. Firstly, there was the issue of teenage pregnancy. In Ward 14 at Joseph Saku Secondary School, each year the school experiences about 30 learners who leave school due to pregnancy; drug and substance abuse is rife; the educators’ code of conduct and their dress code are not of a good standard. There is a need for the Select Committee on Education to visit the area and, together with the North West Education Portfolio Committee, try to assist the region as a matter of urgency.

During the March 2003 visit to the North West, the focal areas in this sector were the need to address poverty, illiteracy, unemployment, youth, and insufficient water supply to schools, insufficient support of orphan or child headed households as a result of HIV/Aids and the absence of career guidance in schools.

Integrated Social Development Security and Service Grants have been introduced; the uptake of social grants, particularly child support grants, has been increased; pay-point facilities have been upgraded to assist pensioners and other beneficiaries of state social grants; support centres for victims of domestic violence have been established and equipped; an amount of R10 million was earmarked for the provision of Adult Education and Training, ABET; the North West Provincial Trust was established; an amount of R14 billion was earmarked for the nutrition programme in primary schools and an amount of R375 million for 385 farm schools in the province.

Challenges in schools in the North West Province include, among other things, a shortage of educators; alcohol abuse by some learners; education on HIV/Aids; fluctuating matric results; high teenage pregnancy rates; insufficient libraries, laboratories, administration and hostel facilities; insufficient ablution facilities and low morale among learners.

Achievements in the Greater Taung include an increased budget - the municipality started from zero-based budgets. In 2000 the municipality started from a zero-based income, and currently its budget from own revenue collected stands at R4,1 million. The Greater Taung Municipality formed part of the former Bophuthatswana, and is a typical rural municipality consisting of 106 villages, with 7,2% of its 201 683 population urbanised in terms of the 2005-2006 Budget. The total budget from government grants was R41 million.

Ka nako ya Bophuthatswana, baagi ba ne ba duela diranta di le pedi [R2,00] ka kgwedi, e le ya ditirelo tsa mmasepala. Diphetogo di simolotse go bonagala ka 1994, fela majelathoko ga a bone pharologano ka ntlha ya gore ke bomabina-go-tsholwa. Se ba se itseng, DA, ke ``Slaan Terug!’’ – ipusulosetse - le go tsamaya ba tsenya ba losika mo diphatlhatirong le mo Palamenteng ba sa lebelele ditlhoko tsa baagi. Bantsho ba ba tleng ba ba boutele, ka re ka nako ya jaanong ba fatlhologe, ba tlhabologe ba bone gore ditirelo di tswa kwa kae fa ese puso ya ANC. (Translation of Setswana paragraph follows.)

[During the Bophuthatswana era, members of the community used to pay R2 per month for municipal services. The developments became noticeable in 1994; however, the opposition party cannot notice the difference because they are impatient. The only thing the DA know is “Fight Back”, and practising nepotism, not considering the needs of the community. I would like to caution the black voters who voted for them that it is time they realise that it is the ANC-led government that provides services.]

There are challenges such as limited access to land due to the fact that 90% of the land falls under the tribal authorities. The municipal budget for the provision of water and electricity was reduced and 1 200 houses were built in Greater Taung. No formal structures are in place to ensure municipal relations with other departments. The majority of the residents have only received primary education in that area.

Achievements by the Naledi Local Municipality are as follows: As from 1 July 2005, free basic services were provided to all indigent households earning less than R1 600 per month. The municipality procured the Zeus Credit Control debt collection management system, and has entered into a twinning agreement with the Assen Gemeente in the Netherlands in order to strengthen the housing capacity in the municipality.

There are still some challenges, like raising the municipality income level and addressing the challenges of obsolete plant machinery and equipment.

The Lekwa Teemane Municipality has reported progress in the following: Functional ward committees have been established in all six wards; there has been an improvement in community participation in the IDP and budgeting process; the municipality’s financial position has improved to the extent that it has been able to service its loans with the Development Bank of Southern Africa and the Department of Water Affairs and Forestry and to deliver the necessary services to the people. The province has managed to create a . . . I thank you, Deputy House Chairperson. [Time expired.] [Applause.]

Mnr J W LE ROUX: Agb Voorsitter en kollegas, die NRVP se besoeke aan verskillende provinsies van ons land is ’n baie innoverende poging om die breë gemeenskap nouer te verbind met hul politieke verteenwoordigers. Andersyds is dit ook noodsaaklik dat politieke verteenwoordigers werklik kan sien wat op grondvlak aan die gebeur is.

Met die besoek aan die Noordwesprovinsie was dit duidelik dat dit noodsaaklik is dat parlementslede self kan sien hoe sukkel die meeste mense om net in hul basiese behoeftes te voorsien. Dit is baie duidelik dat staatstoelaes en pensioenbydraes die enigste bron van inkomste vir die grootste deel van die bevolking is. Daar is natuurlik talle probleme wat dadelik aandag moet kry, maar die gebrek aan werksgeleenthede is sekerlik die kern van die probleme in die meeste van ons plattelandse gebiede. Indien ons besoeke aan die provinsies nie bydra tot die oplossing an die werkloosheidsprobleem nie, sal ons oor 10 jaar nog steeds provinsies besoek en sal die plattelandse mense nog steeds arm en sonder hoop wees. Die vraag wat ons ons moet afvra, is: Wat kan ons doen om die werkloosheid en die gepaardgaande armoede wat al erger word, te stuit? Wat kan ons doen om die mense weer hoop te gee?

Eerstens moet ons sorg dat entrepreneurs in die platteland belê. Ons moet dit aantreklik maak vir ondernemers om in die platteland te belê. Dit moet vir die sakeman beter wees om in die platteland te belê as in die groot stede. Daar is geen manier om sakemanne te dwing om teen hul eie belang op te tree nie. Daar is talle maniere om sakemanne aan te moedig om te belê, maar grootskaalse belastingtoegewings is die maklikste en die beste metode.

Die DA het so pas ’n beleid voorgestel waar werkgewers ’n belastingkorting kry vir elke werkgeleentheid wat geskep word. Tans probeer werkgewers so min werkers in diens neem as moontlik. Ons moet dit omdraai sodat werkgewers aangemoedig word om soveel werkers as moontlik in diens te neem. Ons as NRVP moet ernstig na arbeidswetgewing kyk en planne beraam wat sal sorg dat ontwikkeling in die platteland plaasvind en wat entrepreneurs sal aanmoedig om arbeidsintensiewe ondernemings te vestig. Tweedens moet ons grootskaalse landbouprojekte aanpak. Ons moet die geleentheid skep vir gevestigde landbou om in vennootskappe met nuwe toetreders winsgewende boerderyondernemings te vestig. Ons soek grootskaalse landbouprojekte wat op die wêreldmarkte kan kompeteer.

Dit help niks om vir elke individu ’n klein stukkie grond te gee en dan te dink dat ’n lappie mielies die armoedeprobleem sal oplos. Sulke projekte skep eerder nog meer armoede. In die res van Afrika en veral in Kenia was dit vir my baie duidelik dat dit niks help om vir ’n persoon ’n hektaar of twee te gee en te dink hy kan daarmee sy lewenskwaliteit verbeter nie.

Tydens ons besoek aan die Noordwesprovinsie was dit duidelik dat effektiewe plaaslike bestuur noodsaaklik is vir die ontwikkeling en voortuitgang van ons landelike gebiede. Dit is algemene kennis dat die helfte van ons munisipaliteite hopeloos swak funksioneer. Dit beteken dat basiese dienste in baie gevalle nie meer gelewer word nie en dat infrastruktuur in werklikheid verswak. Dit is duidelik dat derdevlakregering in baie gevalle in duie stort en dat ondernemers nooit sal belê in gebiede waar dienste swak of ontoereikend is nie. Gelukkig sal hierdie probleem na 1 Maart grootliks opgelos wees. [Applous.]

Met ons besoek aan die Noordwesprovinsie was dit duidelik dat daar met die opleiding van ons jongmense groot probleme is. Ons jeug sal nooit kan kompeteer met dié ander lande wat opleiding as hoogste prioriteit stel nie. Die LUR vir onderwys in die Noordwesprovinsie sê dat daar in 1998 ’n tekort van R2 miljard vir infrastruktuurskepping was. In 2005 was die tekort reeds R4 miljard. Die begroting was egter R200 miljoen. Met hierdie soort tekorte is dit onmoontlik om ons jeug voor te berei vir die toekoms.

Ons besoeke aan die provinsies moet te alle tye oplossinggerig wees. Ons as parlementslede moet die kapasiteit en die klimaat skep om verdere armoede en agteruitgang te stuit. As ons egter die besoeke as politieke “road shows” gebruik, is dit ’n vermorsing van belastinggeld en kan ons dit maar net sowel los. Dankie, Voorsitter. [Applous.] (Translation of Afrikaans speech follows.)

[Mr J W LE ROUX: Hon Chairperson and colleagues, the NCOP’s visits to the different provinces of our country are a very innovative attempt to establish closer links between the broader community and their political representatives. On the other hand, it is also crucial for political representatives to be able to see what is really happening at grassroots level.

With the visit to the North West province, it was obvious that it is essential for members of Parliament to witness how most of the people are struggling simply to meet their basic needs. It is very evident that state grants and pension contributions are the only source of income for the majority of the population. Of course, there are numerous problems that should receive attention immediately, but the lack of job opportunities is definitely at the heart of the problem in most of our rural areas.

However, if our visits to the provinces are not contributing to finding a solution to the unemployment problem, we will still be visiting provinces 10 years down the line and people in the rural areas will still be poor and without hope. The question that we should ask ourselves is: What can we do to prevent unemployment and the concomitant poverty that is getting worse? What can we do to give people hope again?

Firstly, we should ensure that entrepreneurs invest in the rural areas. We should make it worthwhile for entrepreneurs to invest in the rural areas. It should be better for the businessman to invest in the rural areas than in the big cities. There is no way in which businessmen can be coerced into acting contrary to their best interests. There are numerous ways in which businessmen could be encouraged to invest, but large-scale tax concessions would be the easiest and the best way.

The DA has just recently proposed a policy by means of which employers would get a tax rebate for every job opportunity that is created. At present employers are trying to employ as few workers as possible. We should turn this around in a way that will encourage employers to employ as many workers as possible. As the NCOP, we should have an in-depth look at the labour legislation and devise plans to ensure development in the rural areas and encourage entrepreneurs to establish labour-intensive enterprises.

Secondly, we should undertake large-scale agricultural projects. We should create the opportunity for established agriculture to form partnerships with new entrants in order to establish lucrative farming enterprises. We are looking for large-scale agricultural projects that will be able to compete on the world markets.

It does not help in the least to provide every individual with a small piece of land and to think afterwards that a patch of maize will solve the poverty problem. On the contrary, these types of projects create even greater poverty. In the rest of Africa, and especially in Kenya, it was evident to me that it does not actually help to give someone a hectare or two and then to think that the person will be able to improve his or her quality of life with that.

During our visit to the North West province it was clear that effective local government is essential to the development of, and progress in, our rural areas. It is common knowledge that half of our municipalities are functioning completely ineffectively. This means that in many instances basic services are not being delivered and that the infrastructure is in fact deteriorating. It is evident that in many instances third-tier government is collapsing and that entrepreneurs will never invest in areas where services are poor or inadequate. Fortunately, this problem will be solved to a large extent after 1 March. [Applause.] During our visit to the North West province, it was obvious that there were major problems regarding the training of our youth. Our youth will never be able to compete with the youth of other countries that accord training the highest priority. According to the MEC for education in the North West there was a deficit of R2 billion for establishing infrastructure in 1998. The deficit was already R4 billion in 2005. However, the budget was R200 million. With deficits like these it is impossible to equip our youth for the future.

Our visits to the provinces should at all times be aimed at finding solutions. As members of Parliament, we should create the capacity and climate to prevent further poverty and deterioration. However, if we use these visits as political road shows it will be a waste of taxpayers’ money and we might as well call them off. Thank you, Chairperson. [Applause.]]

The HOUSE CHAIRPERSON (Mr T S Setona): Deputy Chairperson, hon members, distinguished special delegates, fellow comrades and friends, I think we are on track because, for the first time, hon Le Roux does accept that the NCOP programme of taking Parliament to the people is not a road show, and it cannot be a road show. It is part of the constitutional mandate of ensuring an ongoing dialogue between the elected representatives and their electorate. We welcome that particular point.

I must also express my appreciation on behalf of the ANC for the confession of hon Le Roux which breaks ranks with the notion of regarding this kind of programme as a paid holiday, as published in one of the opinion articles - I think it was on 21 December 2005 - by one of the leading members of the DA. It does clearly point to one particular reality in South Africa that the supremacy of the ANC, its ability to unite and lead the people of South Africa towards a better life for all, is uncontested. And you are welcome, hon Le Roux, to join that fold.

The follow-up visit to the North West, in the week of 15 to 19 August, was part of the NCOP programme of “Taking Parliament to the People”. It was intended to meet stakeholders from our communities, that is, provincial government, national government and local government leaders, to report on the progress made concerning the issues raised during the visit of the NCOP to North West in 2003.

These follow-up visits took place after the KwaZulu-Natal visit, which by and large enriched our experience in the evolving programme of taking Parliament to the people.

We take this opportunity to extend special gratitude to the Speaker of the legislature of North West, hon Miss Thandi Modise, and the Premier, hon Edna Molewa, for the co-operation and support they have shown in ensuring the success of that follow-up visit. Without them we wouldn’t have succeeded in what we wanted to do. I think it is quite important that we need to build on that co-operation.

It will also be an omission, on my part not to extend similar gratitude to our dedicated staff, led by Adv Lulu Matyolo, the Secretary of the NCOP, who also ensured that everything we needed, in order to do what we were supposed to do, was always available. The follow-up visit was an eye- opener, not only to us as the NCOP, but also to the provincial government of the North West, to see the impact of government policies on the lives of our ordinary people.

It further inspired confidence in the people of the Taung district, in particular, in Parliament as their elected institution, contrary to the views by some pessimists who call our “Taking Parliament to the People” a paid holiday. I think hon Le Roux is convinced now. Our people were happy, and they were inspired. Our people had a renewed sense of confidence in Parliament, expressing their joys and sorrows to the elected representatives - not to their political parties – and being able to say that this is how the country should go, in partnership between the state and the electorate to pursue the agenda of development.

I think hon Le Roux has alluded to this point, and that is quite correct. As much as the focus of the trip was on the areas emanating from the 2003 visit, the NCOP delegation could not deny our people the opportunity to raise new challenges and issues that are affecting their lives.

Central to the salient issues that continue to challenge the North West province are the following: the child and female headed households; high levels of teenage pregnancy; mass unemployment; shortage of water for household use; agricultural irrigation; and the problems of distances to crucial service points like Home Affairs department, schools, and magistrate courts. There is also a problem of access to land for developmental use, which is under the control of traditional authority.

This point becomes a continuing challenge, not only in the North West, but also in the whole of South Africa. We need to then begin to say, what kind of impact our co-operative relationship is having, as an institution of government, Parliament in this regard, with the traditional authorities, in terms of addressing the developmental challenges of our people.

I think the Chief Whip of the Council will agree that in Limpopo when we had our “Taking Parliament to the People” programme, we nearly had some disturbances in some communities that wanted too much, because they wanted to settle on a particular piece of land. In terms of law that land was designated for something else, because it was in the hands of the traditional authority.

This is a very sensitive challenge that all of us must be seized with, to address the developmental challenges that are facing our communities. There is, however, work in progress in regard to all these issues at various levels of government in partnership with our people. The emphasis of the Chairperson of the NCOP on the robust role of select committees in the follow-up visit is more than welcome, if not long overdue.

In the redesign of the mechanisms for the follow-up, the roles of the portfolio committees in the legislature, our ward committees and councillors should be properly defined and located, because there has been a lapse of time. We went to North West in 2003, and we did not return in between that period and last year when we went there. Councillors are there, they are living there, interacting and engaging with our people on an ongoing basis. Ward committees are also there.

Our committees in the provincial legislature, in their ongoing oversight work, do interact with those communities. So, in our planning we should ensure that there is an integrated approach between those critical role- players, to ensure that we monitor the efficacy and efficiency of government interventions on the problems that we have raised.

I raise this point because these structures are the ones closest to the people on a day-to-day basis. It therefore becomes imperative for us to work jointly with them. The question of forwarding the reports of this nature to affected departments should be institutionalised. It cannot just be an issue of the NCOP. It should be institutional, and if needs be, I do move that it should be part of the rules, so that it binds not only on ourselves, but also affected departments.

We were in the KwaZulu-Natal department of education and I want to say that this is an area that we think warrants your particular attention, as we are presenting this particular report to you concerning education challenges in that particular province. This is the kind of time frame within which we would expect to have a meeting with you to give us a report back in terms of how you have gone about addressing those issues. Because if we are not doing that, we are likely to fall into a trap whereby we go to the same places for follow-up visits, and find the same problems that existed when we were there. In some instances the problems are even worse than they were before.

It therefore becomes critical that there should be that kind of a mechanism that is quite robust in terms of our engagement with the departments and the executive with respect to reports of this nature.

I am confident that we are on track to rise to the challenges of creating a parliament which is truly a people’s parliament that is responsive to the needs of the people in order to create a better quality of life for all our people. I thank you.

Mr M A MZIZI: Chairperson, hon members and our visitors present here, my appeal would be that I hope the interpreters will interpret exactly what we are reflecting on in our reports. The reason behind this is that I did not prepare my speech. I want to speak of something that I have seen with my own eyes rather than putting it on paper, because it would then become a mere scientific document that signifies nothing.

Visiting the provinces by way of the “Taking Parliament to the People” campaign is a useful tool to us as members of the NCOP. More often one finds that we get reports from various departments briefing us of what is happening on the ground.

Kodwa iningi lale mibiko uma uthi uyalibheka uthola ukuthi kulungiswe konke, sekukhulunywa ngokuhle nje kuphela, okubi kuyingcosana okukhulunywa ngakho. Ngakho-ke uma umuntu elalela le mibiko bese ewathatha ewabeka lapha emsamo ethala, isuke leyo mibiko ingasho lutho kubantu. Ngakho-ke, angiphinde Sihlalo ngithi ngiyadabuka ngoba ngithe uma ngibheka uhlu lwamagama abantu abazokhuluma laphaya, ngathola ukuthi phela sasithe uma siya sithatha iPhalamende silisa kubantu sisebenzisana kanye namakomidi ezifundazwe.

Manje ngithe uma ngibheka laphayana ngabona umfowethu uNgcolosi ophuma kwaZulu-Natali ekhona, ngike ngaya nakuye ngabuza ukuthi hhawu mfowethu wena uzokhuluma kuphi ngoba angiliboni igama lakho? Uma ngabe bengikubone ekuqaleni lokho, ngabe ngike nganxusa ukuthi akube uyena ozokhuluma lapha ngoba esifuna ukukwazi ukuthi ekuhambeni kwethu silifulathela lapho esasiye khona kusale kwenzekani. Ubeyosinika indlela engcono kunalokhu ukuba azolalela njengoba elalele nje, sifuna ukuzwa ukuthi uthini yena. (Translation of isiZulu paragraphs follows.)

[But when you scrutinise all these reports, you will find that everything has been done and we are now talking about good things. There are a few bad things that we are talking about now. Therefore, if you listen to these reports and do not forward it to people, it doesn’t mean anything to them. Chairperson, when we took Parliament to the people, we said that we were going to work with provincial committees.

I noticed that my brother Ngcolosi from KwaZulu-Natal is here in the House. I regret, when I looked at the list of the speakers, that I noticed that his name is not on the list. If I had noticed that at the beginning, I would have made the request that he speak here, because we want to have feedback on what happened after we left. He would have given us a better report than it is for him just to listen. We would like to hear his comments.]

Chairperson, reports that are always sent to us by various departments do not, in most cases, reflect the concept of Batho Pele. Uma sikhuluma ngabantu kube yibona esikhuluma nabo kuqala, kube yibona esizwayo ukuthi bathini, lokho kusinika igunya lokuthi ukusa iPhalamende kubantu kuyinto enosizo ngoba phela abantu bathola ithuba lokukhuluma nathi ngqo, futhi sibatshele abantu ukuthi bakhulume bangesabi bagonyuluke ngoba phela la asizanga njengamaphoyisa ukuzobheka ukuthi ubani ongasebenzi, ubani osebenzayo, silapha ngoba sizokwelekelela isifundazwe noma isifunda lapho siye khona. Ngakho-ke siyakubeka kuyiqiniso lokho ukuthi thina njenge- NCOP siyelekelela kuphela hhayi ngoba sifuna amaphutha ukuze kube khona esimgxekayo. Ngakho-ke uma sihlala phansi siye sithi uma sesihamba kuleyo ndawo, lokhu kinina-ke makomidi amiyo, akube yikho eniyokwenza kusasa, okunye nizokwenza ngekusasa elinye, okunye kuyothatha isikhathi ukuze nifike kukho. Kodwa-ke sifuna ukwazi ukuthingabe abantu bayazithola izinsiza na?

Angigcine ngithi siqinisekisa thina ukuthi abantu bakuthole lokho abakudingayo ngezinsizakalo ezitholakala kuhulumeni ngoba siyohlala silapho, simele bona. Ukuya kwethu kubona, sifuna ukuthi basitshele okungamaqiniso kuphela ukuze nemibiko ezayo aphuma emiNyangweni ifike kuyimibiko ekhombisa imiyalezo ephuma kubantu bethu laphaya phansi. Angibonge, Sihlalo. (Translation of isiZulu paragraphs follows.)

[When we talk to people, we talk to them face-to-face and get what they want to say. That confirms to us that taking Parliament to the people is a good thing, because they get the chance to talk to us freely. We are not going to the provinces like the police to check on who is working and who is not. We go there to help the province or provinces that we are visiting. The NCOP is not looking for mistakes so that it might criticise somebody. When we leave the provinces, we advise standing committees on what they must do. They will do things differently in future. It will take time to do everything. We want to know if people are experiencing service delivery.

Lastly, let me say that we are ensuring that people get all that they want through help from the government because we represent them. When we visit them, they must tell us the truth so that when we get reports from the departments they should be reflecting the concerns of people on the ground. Thank you, Chairperson.]

USIHLALO WENDLU: (Nkk M N Oliphant): Sihlalo, ngaphambi kokuthi ngiqhubeke nenkulumo yami, ngifisa nje ukuthi ngikhumbuze umhlonishwa uMzizi ukuthi imibiko yokuthi siye ezifundazweni kanye nemibiko yokulandelela yithina esiyixoxa kule Ndlu siyivume futhi kule Ndlu. Angiqondisisi-ke ukuthi umhlonishwa uMzizi usuke ekuphi kuze kwamukelwe umbiko athi usuke usukhiphe ezinye izinto, ngoba le Ndlu inalo ilungelo lokuchibiyela umbiko.

Ngifuna ukusho ukuthi abantu bayobusa futhi bayoba namalungelo afanayo ngaphandle kokubheka ubuzwe, ibala kanye nobulili. Bayobamba iqhaza ekuphathweni kwezwe. Lesi yisinqumo esathathwa wuKhongolose e-Kliptown ngo-

1. Ukufakazela lawa mazwi, le Ndlu ibambe iqhaza ngokuthi ise iPhalamende ebantwini kwaZulu-Natali endaweni yaseMpangeni ngaphansi koThungulu. Abantu bazisho izimvo zabo, singuMkhandlu weNdlu yeziFundazwe sibuye salandelela ukuyobheka ukuthi izikhalo zabantu zifezekisiwe yini noma qha.

Ekulandeleleni kwethu kwaZulu-Natali siye eNtambanana naKwaMbonambi ngenxa yokuthi labo masipala bangaphansi kohlelo lokuhlela kabusha. Omasipala abangaphansi kohlelo lokuhlela kabusha nabo bayazama, ngifuna ukukusho lokho. Kufanele sibheke ukuthi siqhamuka kuphi. Izinkinga ezinkulu abasibekela zona yilezi ezilandelayo. Angizukuzisho zonke ngizothi nje qaphu:

Ukungabikho kwezinsizasidingo zokusebenza komasipala, ugesi, amanzi kanye nemigwaqo nanokuthi basezindaweni zasemakhaya ezingakwazi ukungenisa inzuzo ngentela. ENtambanana babuye bengeza ngendaba yomtholampilo kanye nokuxhumana phakathi kukamasipala noMnyango wezaseKhaya.

Ngokombiko engiwuthole ngokuvakashela kulezi zindawo wamakomidi esishayamthetho sakwaZulu-Natali, sekwakhiwe isigungu sokuxhumana noMnyango wezaseKhaya wesifundazwe kanye nomasipala waseNtambanana. Umasipala usuwabelwe imali yokubhekana nezinkinga zamanzi kanti kube sekuxoxiswana neRegional Water Scheme, ibhodi yamanzi, ukuthi idonse amanzi edamini okuthiwa yiBophani. Kube sekutholakala futhi ukuthi kulo masipala kunamakliniki amathathu asebenzayo okuyiNtambanana, uNomponjwane kanye noLuwamba. ULuwamba futhi uzonwetshwa kwakhiwe kabusha ngoba bekuyizakhiwo zesikhashana, amaphrifebhu. UNdunankulu noNgqongqoshe wezeMpilo wesiFundazwe baphendule isoyi ekupheleni konyaka odlule ukuze kuqaliswe isakhiwo laphaya eLuwamba. Lokhu kwenzeke ngenyanga kaZibandlela. Abangamazi uZibandlela, ngisho uDisemba. KwaMbonambi khona kuzokwakhiwa umsele wokulondoloza amanzi ngaseMfolozi yize ungeke uwanelise uMbonambi wonkana, kodwa konke-ke kunesiqalo.

Mayelana nohlelo lwemigwaqo, ngokombiko woMnyango wokuthi umgwaqo u-P499 ophakathi kukaMbonambi neDondotha no-P494 ophakathi kweNseleni neDondotha uhlelelwe ukwakhiwa ngokwesabelozimali sika-2006-07. Thina-ke sesiyolandelela ukuthi kwenzekile yini lokho. Ngiyaqinisekisa kule Ndlu ukuthi ukusa iPhalamende ebantwini kuyingxenye yokusiza uhulumeni ukuthi enze umsebenzi wakhe kubantu, hhayi lokhu okushiwo ngosibhincamakhasana ukuthi sisuke siyongcebeleka.

Sibuye savakashela eJabulani Skills Centre lapho sithole ukuthi akukho ukuxhumana kahle phakathi kwabahlali nesosesheni futhi alukho usizo abantu abalutholayo kuyo, kwaba-ke ukuthi uMnyango awubheke izindlela zokuthi indawo ivulwe bese kuba ukuthi iyasizwa.

UMnyango wezenhlalakahle unikezele ngo-R308 000 kanye no-R50 000 ukuthi kulungiswe ugesi kanye nokukhokhela izindleko zabaqaphi. UMnyango futhi emuva kocwaningo ube usuxhumana noMnyango wezeziNdlu ukuze ukwazi ukuthi ulungise izindlu kule ndawo; kodwa-ke kusekuningi okufanele kulandelelwe ikakhulukazi kubanikazi besikhungo.

Savakashela eSikhawini ukuyohlangana nabantu abakhubazekile abakhalaza ngokuthi abalutholi usizo eMnyangweni wezeNhlalakahle, abakutholi ukuqeqeshelwa amakhono, nokunye.

Eminye imiNyango kaHulumeni izinkampani ezakhiwa abantu abakhubazekile bazibukela phansi uma kunikezelwa amathenda. Okwenzekile emuveni kokuba sixhumene neKwaZulu-Natali, uMnyango wezeMpilo wavula amathuba okuthi abantu bathole ukuqeqeshwa ngamakhophorethivu, nabo laba baba yingxenye kulokho. UMnyango wezeNhlalakahle ube usubaxhasa ngo-R328 000 ukuze bakwazi ukuthi umsebenzi wabo wenzeke ngendlela abafuna ngayo.

USomqulu weNkululeko uthi uyosiza labo abaphila ngokusebenzisa umhlabathi ngezinsizangqangi: imbewu, ugandaganda nokunye ukuze basebenze ngempumelelo. Lokhu kufakazelwa esikubonile okwenziwa nguPhezukomkhono Women’s Co-operative. Ezicelweni zabo ku-Eskom Development Foundation, ube usuqoka abantu abazoqedela ukwakhiwa kwamadamu ezinhlanzi. Angama-21 asakhiwe sekusele ukuthi kuqedelwe amathathu. Imakethe kanye nokuthutha sekumi ngomumo, umsebenzi uyaqhubeka kahle kakhulu kanye nokutshalwa nokuvunwa kwamakhowe, njengoba behlelile.

Okunye okuhlaba umxhwele ukuthi abakwaHulett bazinikezele ukuthi basize ikhophorethivu ngokutshalwa komoba engxenyeni yepulazi labo. Uma sibheka konke lokhu esengikushilo, singuhulumeni oholwa uKhongolose sisemkhondweni kaSomqulu weNkululeko, yingakho sithi impilo esifuna ukuyiphila isezandleni zethu.

Ngiyafisa futhi ukusho ukuthi amakhophorethivu kade eqeqeshwa lapha eLower Umfolozi lapho abantu abazikhethela bona ukuthi bafuna ukwenzani. Ngikhuluma nje sekukhona amathuba okuthunga amakhethini, amashidi, amajazi agqokwa yiziguli, ukwakhiwa kwamaphepha asendlini encane kanye namanabukeni asetshenziswa alahlwe; yonke le mikhiqizo isiwa esibhedlela.

UKhongolose kumhlahlandlela wokhetho luka-1994, 1999 no-2004 wathi uyokwenza izimpilo zabantu baseNingizimu Afrika zibe ngcono, yingakho-ke namhlanje sesinamakhophorethivu asekwazi ukukhiqizela esibhedlela. Uma ufuna ukuzibonela, shona kulezi zibhedlela ezilandelayo: iNgwelezane, iMadadeni ne-Edendale.

Siyabonga ukuthi uhulumeni oholwa uKhongolose kwaZulu-Natali uvule amathuba okuthi abantu bakwazi ukuxhaswa ngemali ngokwezikhwama ezibizwa ngokuthi yiProvincial Growth Fund, yiPoverty Alleviation Fund ne-SMME Fund. Futhi, babuye baqasha abantu abazochazela abantu ukuthi amabhizinisi abo ukuze asimame kufanele benzenjani, nokuthi bangazithola kanjani izimali ukuze baqale amabhizinisi abo.

UMnyango wezeMpilo belu usuvulele amakhophorethivu ukuthi afake amathenda ngakho njalo ukuletha izidingo ezibhedlela, ukwenza amagceke ezibhedlela imbala kanye nokuthengiselwa imifino yilaba abenza izingadi. Kulabo abasasele emuva noma abalele, isukamuva likholwa yizagila. Yingakho singuKhongolose sizibophezele kuSomqulu weNkululeko othi iNingizimu Afika ingeyabo bonke abakhile kuyo abamnyama nabamhlophe, futhi akukho uhulumeni ongaqhosha ngokuthi uphethe ube ungakhelwe phezu kwesisekelo sovo lwabantu.

Ngumbuso okhethwe ngokwentando yeningi ngokovo lwabantu kuphela oyokwazi noyoqinisekisa wonke amalungelo abo okuzalwa ngokwezidingo nangokwezimvo zabo ukuthi kuyenzeka, ngaphandle kokubuka ubulili nezenkolo. Ngiyabonga Sihlalo. [Ihlombe.] (Translation of isiZulu speech follows.)

[The HOUSE CHAIRPERSON (Mrs N M Oliphant): Chairperson, before I start my speech, I just want to remind the hon Mzizi that we all agreed in this very House on provincial visits and follow-up visits. I am not too sure where the hon Mzizi was when we adopted these reports, as he now argues that these reports are not accurate. This House has the right to amend a report.

I just want to say that the people shall govern and they shall have equal rights regardless of their ethnicity, colour or gender. People shall take part in the governing of the country. This was the decision taken by the ANC in Kliptown in 1955. To do exactly what these words say, this House took Parliament to the people of the uThungulu District Municipality at Empangeni in KwaZulu-Natal. People had voiced their concerns and as National Council of Provinces, we went back to find out if people’s concerns had been addressed.

In our follow-up visit to KwaZulu-Natal, we went to Ntambanana and KwaMbonambi in particular because both these municipalities fall under Project Consolidate. I must, however, hasten to say that these municipalities are indeed trying. We need to look at where we come from. The main problems that they told us about were the following. I will, however, not mention them all: the unavailability of infrastructure in municipalities, like electricity, water and roads; and also the fact that these municipalities are in rural areas and they do not generate any income from taxes. In Ntambanana Municipality there were also concerns about the clinic and the communication between them and the department of local government and traditional affairs.

According to the report I received from the KwaZulu-Natal provincial select committee on their visit there, a committee has now been selected to undertake liaison between the department of local government and traditional affairs and the Ntambanana Municipality. The municipality was also given a certain amount to deal with the water shortages, and we spoke to the Regional Water Scheme Board to get water from the local dam, the Bophani. It was also found that there were three operating clinics in this municipality, namely at Ntambanana, Nomponjwane and Luwamba. The Luwamba Clinic will be revitalised and revamped because its structures were just temporary.

The Premier of KwaZulu-Natal and the MEC for health, towards the end of last year, turned the sod at Lumumba so that building could begin. This happened in December. At KwaMbonambi a water canal will be built for water from the Mfolozir, even though this water will not be enough for the entire KwaMbonambi. And this is just the beginning!

On the question of roads, according to the departmental report, road P499, which is is the road between KwaMbonambi and Dondotha, and road P494, the road between Nseleni and Dondotha, will be built with the 2006-2007 budget. We will then follow up to see if that has happened. I can confirm in this House that Taking Parliament to the people is part of the work of this House, not what is said by some So-and-Sos, that we simply go out there to have fun.

We also visited the Jabulani Skills Centre, where we found that there was no proper communication between the residents and the association concerned, and that people get no help from the association. The department concerned then had to look for ways to open up this place and get assistance through to the people.

The department of social welfare donated R308 000 and R50 000 respectively for the reinstallation of electricity, renovations and salary of a security guard. This department, after some investigation, contacted the department of housing to renovate houses in that area; there is, however, a lot to be done in following up on the owners of the institution.

We also visited Esikhawini to meet the physically challenged people who were complaining that they did not get any assistance from the department of social welfare, that they were not being trained in skills, and many other things.

Certain government departments look down on companies formed by physically challenged people. What has happened after communicating with the department of health is that the department opened up opportunities for people to be trained in co-operatives, and this included the physically challenged. The department of social welfare donated R328 000 for the work to be done the way they want it done.

The Freedom Charter says those who make a living by tilling the soil shall be helped with things like seed, tractors and many other things that would help them work successfully. Look for instance at what is done by the Phezukomkhono Women’s Co-operative. In their application to the Eskom Development Foundation, they selected certain people to work on the building of fishponds. About 21 fishponds have been built already; there are only three still to be constructed. The market and the transportation of the fish are booming. The planting of mushrooms is also going very well. It is all going according to plan.

One other good thing is that Huletts is prepared to give up a certain part of their farm to the co-operatives for the planting of sugar cane. If we look at all these things I have mentioned, it is clear and evident that, as the ANC-led government, we are in line with the Freedom Charter, and it is for this reason that we are saying the good life is in our hands.

I also wish to mention that the co-operatives were trained at Lower Umfolozi, and people chose what they wanted to do. As we speak there are opportunities for sewing curtains, sheets, hospital gowns for patients and making toilet covers and disposable nappies. All these things are then sent to hospitals.

The ANC manifestos of 1994, 1999 and 2004 declared it would make the lives of South African people better, and it is for this reason that today we have co-operatives that can produce things for hospitals. Should you want to see these things yourself, you can go to the following hospitals: Ngwelezane, Madadeni and Edendale.

We are very grateful that the ANC-led government in KwaZulu-Natal has opened up opportunities for people and they can now access funding through the Provincial Growth Fund, the Poverty Alleviation Fund and SMME Fund. There are also people who are employed just to explain to people how to start a business and access funds.

The Department of Health has asked the co-operatives to tender for the maintenance of gardens and grounds and the sale of vegetables. To those who are left behind, and those who are still snoozing, I say to them: The last partridge to rise has the most sticks thrown at it. That is why we, as the ANC, say we are bound by the Freedom Charter which says, “South Africa belongs to all those who live in it, black and white”, and there is no government which can boast about being the people’s government if it is not built on the foundation of the people.

It is the democratically elected government that will satisfy the needs of the people without looking at the gender and religious affiliation of people. Thank you. [Applause.]]

Rre J O TLHAGALE: Motlotlegi Modulasetulo, le Ntlo e e tlotlegang, leeto le la go isa Palamente kwa baaging ba Bokone Bophirima, e ne e le poeletso ya leeto la 2003. Maikaelelo a lona e ne e le go tlhotlhomisa gore go fitlheletswe tswelelopele e e kana kang, le gore makoa le diphoso tsa 2003 di siamisitswe.

Lefapha la Thuto le ne le emetswe ke Mokaedi-Kakaretso wa Thuto, mme ena o ne a neela puo ya sepolotiki le e e sa amaneng le maikaelelo a leeto la rona. Legale, motlotlegi Moeteledipele wa NCOP o ne a mmusetsa tseleng, mme a bo a molaela go ya go dira pegelo e e lebaneng pele ga Labotlhano wa beke eo. Tiragalo e e ne ya godisa boikanyego jwa rona rotlhe mo Moeteledipeleng wa rona fa re bona a sa gobelele.

Kwa Sekolong se Segolo sa Manthe, go ne go tlhomilwe ditanka tse pedi tsa metsi tse di neng di seyo ka 2003. Go agilwe matlwana a baithuti a a neng a seyo ka 2003, e bile go theogetse mogokgo o moša. Khansele e ne ya itumelela tshiamiso eo ya makoa a 2003.

Mo Lefapheng la Temothuo, Bakaedi-Kakaretso ba ba farologaneng ba ne ba neela pegelo ya dikabelo tsa madi a a farologaneng a a abetsweng go thusa balemirui ba Bokone Bophirima.

Madi a mangwe ke a a thusang merafe e e boetsweng ke mafatshe a bagolo ba bona. Madi a mangwe e ne e le a a abetsweng go thusa balemirui ba ba botlana. A mangwe madi, ke a a abetsweng lenane la kabelo ya dijo le go lwantsha lehuma. [Nako e fedile.] (Translation of Setswana speech follows.)

[Mr J O TLHAGALE: Hon Chairperson and the august House, the “Taking Parliament to the People” visit to the North West was a follow-up on the 2003 visit. The objective of the visit was to assess development in the area, and also to check whether the weaknesses and mistakes of 2003 had been corrected.

The Department of Education was represented by the director-general, who made a political speech and also explained the reason for our visit. Although he missed the purpose of our visit in his speech, the Chairperson of the NCOP managed to remind him, and ordered him to go and give a report relevant to the Friday of that week. This incident increased our loyalty to this leader for his being fair.

Two water tanks and toilets for learners were also built at Manthe High School that did not exist there in 2003. And there was also a newly appointed principal. The Council appreciates the rectification of those 2003 shortcomings.

In the Department of Agriculture, different directors-general made reports of various financial donations that had been made to help North West farmers.

The other monies were those that were given to tribal communities that got back the land of their forefathers. Other monies were given to poor farmers, while others were given to feeding schemes and poverty alleviation programmes. [Time expired.]]

The CHIEF WHIP OF THE COUNCIL: House Chairperson, Deputy Chairperson, may I thank - in absentia - the Chairperson of the NCOP for the good opening speech we got from him. Belated compliments of the new season to those members who decided not to greet me until we met here. Tsine Nine bekunene, tsine lesacedza Lubombo ngekuhlehletela, lokweValenthayini asikwati kahle; kodvwa sesitawusale sinihalalisela nje kutsi nibe nelusuku loluhle lweValenthayini. [We, the Swazi nation, who climbed Mount Lubombo, are not familiar with St Valentine, but we would in any event like to wish you a very lovely Valentine’s Day.]

Today we are again reminded of the words of our departed stalwart and previous Chairperson of the NCOP, Comrade Joyce Kgoali, when she said:

“Taking Parliament to the People” has been conceived within a context of the need to engage with and bring on board the ordinary South Africans, as we go about doing our parliamentary business.

She further added that:

This programme should serve as a vehicle to place Parliament where people are, ensuring visibility of this important institution even to those most rural parts of our country. Ordinary South Africans, including women, youth, senior citizens, school children, and traditional leaders are able to interact with and inform Parliament of their daily experiences.

Indeed, when we launched this initiative a few years ago, we committed ourselves to ensuring that our people are accorded the opportunity to interact and engage with our Parliament.

Sibonile-ke lapho siqombola imiqansa kushunqa izintuli sihambela imiphakathi yethu, sivakashela izikole, izibhedlela, amapulazi kanye nezindawo lapho kuhlala khona izintandane kanye nabaphethwe isifo sengculazi. Konke lokhu besikwenza ngoba besinentshisekelo yokuthi sihlangane nabantu bakithi. Siyazi-ke ukuthi lokhu sikwenza ngokuhambisana noMqulu weNkululeko esiwubiza ngokuthi yi-Freedom Charter. Sasho eMqulwini weNkululeko ukuthi uma sibusa, sizobusa sihambisana nabantu. (Translation of isiZulu paragraph follows.)

[We noted a great deal on our backwards and forwards visits to communities, schools, hospitals, farms, orphanages and institutions for people living with HIV/Aids. We did all that because we had the passion to meet our people. We are also aware that we need to do all of this to come in line with the Freedom Charter. We asserted in the Freedom Charter that “the people shall govern”.]

Ngingasho nje, Sihlalo, kutsi bantfu sebayacala kwati kutsi yini yona le- NCOP. Kubuhlungu-ke noko kulabo lesekwabangena engatini badzimate betayela kakhulu lamagumbi emabhodi lashaya umoya lokahle. Kulabo-ke shangatsi lelisu lelihlonipheke kangaka, lekutsatsa iphalamende isiwe ebantfwini, yintfo nje yekubukisa. [I can say, Chairperson, people have begun to get to know the NCOP. This is painful then to those who are used to its corridors. To those, this “Taking Parliament to the People” is like showing off.]

I will confirm that that is not a road show nor is it an example of political tourism, because this programme really assists in unblocking the bottlenecks towards service delivery. Of course, those who are used to being newspaper politicians will see this as a road show because they are only used to going to urban areas and not used to going out to those areas that we call the back of beyond.

We identify those areas because they have been historically marginalised and have a historical background of underdevelopment. That is why when you go to those areas, you will realise that the rate of unemployment is higher than that in the urban areas. When you go to those areas, you will find that there are people who stay in shacks and not in mansions such as you find in Sandton.

So, we who live with the people during their times of suffering, we know because we don’t only go there when there are elections and remember them because 1 March is coming. We are definitely sure that 1 March will come and go and we will still be with those people and assist them to ensure that their lives become better and better. We will not desert this programme of visiting our people.

We know that our people need to get enough arable land to use for ploughing. That is why government has reviewed the stance of willing-buyer, willing-seller. [Interjections.] When you say willing-seller, willing- buyer, the bottom line is that that programme has not assisted in unlocking the skewed landownership to the benefit of the people who need land and have not been given any.

You cannot, Mr Le Roux, stand at this podium and mislead people by pretending that you want them to get land and yet when the ANC-led government comes with a measure to help expropriate land, you are the very same ones who through your party, the DA, are against the measures of expropriating land. How do you expect those people to have hundreds and thousands of acres of land to have sustainable agricultural farming going on, when you oppose such a progressive stance to ensure that skewed landownership is balanced out to better the lives of our people?

We want to say that if these were road shows we would not have seen, after the visit of the NCOP to KwaZulu-Natal, the 181 classrooms built in 41 schools. If these were road shows without any impact, those schools which were devastated by the storms would never have been renovated. I am happy that when we visited one of the schools one of the principals said the following in isiZulu.

Ufisa sengathi uMkhandlu kaZwelonke weziFundazwe ungahlale uvakasha njalo nje ngoba ukuba uhlale uvakasha, nale labhorethri esiyabelwe imali yokuthi yakhiwe ngabe kudala yaphela. Ngokwakhe ubengafisa nje ukuthi emva kwempelasonto Mkhandlu kaZwelonke weziFundazwe ufike laphaya. Lokho kukhombisa ukuthi abantu bayaluhalisela udumo lo uMkhandlu kaZwelonke weziFundazwe ngosizo abalubona ulwenzayo lokuthi izinsiza zifike kubantu. Sikhuluma nje kunezindlu ezincane ezinga-670 ezakhiwe ezikoleni eziyi-117. Uma bekuwumbukiso lona noma ezokuvakasha, ngabe lezo zindlu ezincane azakhiwanga. Sikhuluma nje kune-160 lamagumbi okufundela angomahamba nendlwana . . . (Translation of isiZulu paragraph follows.)

[He conveyed the wish that the National Council of Provinces would frequently visit that place, because the proposed laboratory, whose construction budget has been allocated, should have been completed a long time ago. According to him he would have loved the National Council of Provinces to pay another visit after that weekend. That is an indication that people are commending the National Council of Provinces for bringing service delivery to the people. As we speak, 670 toilets are being built in 117 schools. If things were done for fun those toilets would not have been built. As we speak, 160 mobile classrooms have been made available . . . ]

. . . in areas where we found the conditions were not conducive to learning. This is also in line with the presidential directive that said that no learner must be taught under a tree. We must understand, Mr Le Roux, that our country is only 12 years old, and we are trying to deal with something that the result of 350 years of exploitation and colonial occupation of South Africa as a country. And, we must applaud ourselves for saying that we are taking the right direction to ensure that we develop those people who were downtrodden and underdeveloped.

We say, come 1 March people should vote for the party that they know is doing something for them. People will not go back to where they know that they will only be considered when their votes are needed; and when their votes are not needed, you will vote against progressive legislation which ensures that people own land, progressive legislation which ensures that their labour rights are respected.

As we conclude this debate, I want to say that the NCOP should commit itself to making those follow-up visits because it can’t afford to have a programme that is a shoot-and-run programme where we don’t go back to check what progress has been made in terms of our commitment. The ANC in its manifesto of 2004, which is the mandate we have for this third Parliament, said that we are in contract with our people. That people’s contract says we have to go back and account to our people.

That is why this programme puts co-operative government into action. You have a situation where there will be no citizen of South Africa who asks a question that will not be responded to; because all the spheres of government - local government, provincial government and the national government - are there to account to the people. Thank you. Aluta continua! [Applause.] The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Hon Chairperson, hon members, Parliament is elected to represent the people. The NCOP in particular is entrusted with the role of representing provinces and local government in the national sphere of government. This might sound rhetorical but we must state it upfront, because this specifies our mandate. It is because of this mandate that the programme, “Taking Parliament to the People”, has been undertaken and the follow-up visits were initiated last year.

Having said this, the most important question, however, is whether this is worthwhile. Judging by the input of the speakers in this debate the answer is definitely a resounding yes. To find out the answer to this question one needs to look no further than the vision of Parliament, which is to build an effective people’s parliament that is responsive to the needs of the people and that is driven by the ideal of realising a better quality of life for all the people of South Africa. This is the motivating factor.

Parliament is made up of people who have been elected to represent the people; they must go to the people to get the mandate. This we do when we take Parliament to the people. They must also come back to report to the same people on that mandate, and this we do during the follow-up visits. We still find that a number of our people, especially in rural areas, are unfamiliar with their right to participate in government, unfamiliar with parliamentary processes in general, and unfamiliar with the role of the NCOP in particular.

The “Taking Parliament to the People” programme was conceived as both a public education and a public participation programme. Regarding public education, the NCOP is a public forum for debate and needs to make its proceedings and decisions known to the public through the media and personal contact. However, you will agree with me that this has now taken on an important dimension of serving as an oversight tool.

Regarding public participation, the NCOP needs to be responsive to the people and take their views into account. Public participation alerts the NCOP to challenges and achievements in the process of service delivery. Listening to what people have to tell Parliament strengthens the NCOP’s ability to oversee the implementation of key programmes for their benefit.

The design of the programme provides the ideal interface for MPs to engage with people on the ground. More than anything else it emphasises the importance Parliament attaches to the business of bringing our Constitution to life and sustaining it through ongoing dialogue, interaction and discourse. The programme provides a unique opportunity to share experiences and enhance mutual understanding. The feedback that MPs receive from community representatives provides invaluable information, and sets down key markers in improving the delivery of services.

The open nature of the meetings allows for a wide range of participants to express their viewpoints. Of great interest is the active participation of members of ward committees, women and youth. The purpose of the follow-up visits is to look at progress, or the lack thereof, on the issues raised by the people and where government was expected to act. The follow-up visits to KwaZulu-Natal and the North West did achieve this. They proved to be very successful and yielded many critical insights. Many lessons were learnt as to how to improve upon service delivery.

This programme, together with the follow-up visits, is also important with regard to the issue of acceleration of the process of transformation, focused on the objective of a better life for all our people, and focused on the objective of improving as quickly as possible the quality of life of all our people. It is encouraging to hear the progress made after these visits. Even though this is not enough, however, it shows that some positive results have come out as a result of the programme and the follow- up visits.

We should therefore step up a gear and be proactively involved with the communities before we visit them. We shouldn’t always wait for the people to tell us about their problems at these meetings. We can do better if we find out about the problems and challenges before the visits. This will help people to be better prepared when Parliament is taken to them. This will also give both parliamentarians and the public an opportunity to engage in constructive debate.

There is a clear need for programmes like these if we are to make a better life for all. If we don’t succeed in making the lives of our people better we will never put a stop to the wave of protests, which we have witnessed recently. Protests presuppose fighting. We don’t need fights; we need talks. As Winston Churchill once said, “To jaw-jaw is always better than to war-war.”

And now I come to the DA, to the hon Le Roux - and they are always talking about the taxpayer’s money.

Die belastingbetaler se geld: ek wil nou ’n bietjie vir julle van dié belastingbetaler se geld vertel. [The taxpayer’s money: I would now like to tell you a little about this taxpayer’s money.]

If you owe the government money and the government has given you your account for what you owe them, and you have settled the account with government, which is to render unto Caesar that which belongs to Caesar, then it is not the taxpayer’s money anymore. It is not my money, it is not your money; it becomes the government’s money because you have paid the money to Sars. Once Sars gets the money in hand they pay it to the government. So, why is the DA always talking about the taxpayer’s money? Even the debate on our Deputy President was about the taxpayer’s money. It is not your money anymore. You have paid it to government; it does not belong to you.

The hon Gibson sits in on our discussion of the budget of Parliament. He agrees with everything that we discuss in this budget programme. So what is all this fuss about? Stop attacking our Deputy President also. She hasn’t done anything that is wrong; she is acting within the Rules of Parliament.

The ACDP comes along and they use the Bible. God doesn’t need us to help Him and assist Him because He created us, so He doesn’t need us to take His part in any fight. The ACDP actually walked out at the opening of parliament at the Northern Cape legislature last Thursday. They have committed political suicide. Why are they doing this? They walk out of prayers because the Hindus and the Muslims have said a prayer. It is a disgusting thing to have done. Our people outside this Parliament are not only made up of Christians, they also include people of other religions, who stay in during our prayers so why can we not sit in during their prayers also?

The ID also comes with this thing of playing the colour card, like the DA. The DA has set up posters to “end racism”. When you listen to the news on the radio, in the next programme that comes on you hear “the coloured people”. We are not coloured people anymore, hon Mr Le Roux. This view is keeping us in bondage in this country. We are not in bondage anymore. The law on the population register has been taken off the Statute Book of South Africa long ago. So, why do you always refer to our people as coloureds? We are not coloureds; we are South Africans in this country. Thank you very much.

Debate concluded.

The HOUSE CHAIRPERSON (Mr T S Setona): I shall now put the question in respect of the First Order. The question is that the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution I shall first ascertain whether all delegation heads are present in the Chamber to cast their provinces’ votes.

In accordance with Rule 71 I shall first allow provinces an opportunity to make their declaration of votes if they so wish. Is there any province that wants to make a declaration or vote? None.

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

Ms B N DLULANE: In favour.

The HOUSE CHAIRPERSON (Mr T S Setona): Free State? Mr C J VAN ROOYEN: In favour.

The HOUSE CHAIRPERSON (Mr T S Setona): Gauteng?

Mr E M SOGONI: Elethu. [We support.]

The HOUSE CHAIRPERSON (Mr T S Setona): KwaZulu-Natal?

Mr Z C NTULI: Kunjalo. [Support.]

The HOUSE CHAIRPERSON (Mr T S Setona): Limpopo?

Ms H F MATLANYANE: Limpopo re e thekga ka diatla tše pedi. [Limpopo supports.]

The HOUSE CHAIRPERSON (Mr T S Setona): Mpumalanga?

Ms F NYANDA: In favour.

The HOUSE CHAIRPERSON (Mr T S Setona): Northern Cape?

Mr M C GOEIEMAN: In favour.

The HOUSE CHAIRPERSON (Mr T S Setona): North West?

Mr Z S KOLWENI: Ke ya rona. [Support.] The HOUSE CHAIRPERSON (Mr T S Setona): Western Cape?

Mr N J MACK: Steun. [Support.]

The HOUSE CHAIRPERSON (Mr T S Setona): All nine provinces voted in favour.

Report accordingly adopted in terms of section 65 of the Constitution.

I shall now put the question in respect of the Second Order. The question is that the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber. In accordance with Rule 71 I shall first allow provinces an opportunity to make their declarations of vote if they so wish. Is there any province that wishes to make a declaration? None.

We shall now proceed to voting on the question. I shall do this in alphabetical order. Eastern Cape?

Ms B N DLULANE: In favour.

The HOUSE CHAIRPERSON (Mr T S Setona): Free State?

Mr C J VAN ROOYEN: Steun. [Support.] The HOUSE CHAIRPERSON (Mr T S Setona): Gauteng?

Mr E M SOGONI: Siyaxhasa. [We support.]

The HOUSE CHAIRPERSON (Mr T S Setona): KwaZulu-Natal?

Mr Z C NTULI: In favour.

The HOUSE CHAIRPERSON (Mr T S Setona): Limpopo?

Ms H F MATLANYANE: Re a e amogela. [Support.]

The HOUSE CHAIRPERSON (Mr T S Setona): Mpumalanga?

Ms F NYANDA: Siyavuma. [We support.]

The HOUSE CHAIRPERSON (Mr T S Setona): Northern Cape?

Mr M C GOEIEMAN: Steun. [Support.]

The HOUSE CHAIRPERSON (Mr T S Setona): North West?

Mr Z S KOLWENI: Ke ya rona. [Support.]

The HOUSE CHAIRPERSON (Mr T S Setona): Western Cape?

Mr N J MACK: Supports.

The HOUSE CHAIRPERSON (Mr T S Setona): All nine provinces voted in favour.

Report accordingly adopted in terms of section 65 of the Constitution.

Hon members, the business of the House will now be suspended. The House will resume after the Joint Sitting.

                       ANNIVERSARY OF THE NCOP


                           (Announcement)

The HOUSE CHAIRPERSON (Mr T S Setona): Before hon members proceed, I want to make the following announcement: There will be a very brief function – I am told it is to observe the anniversary of the NCOP. You know that the Constitution was also adopted in 1996, the Constitution that currently guides us. This function will be in the Queen’s Hall at 12:30. According to the note I have, all members of the NCOP are invited to join that particular function. [Interjections.]

I am confused; I had 11:40, but I received another order from somewhere that says 12:40. Now 12:30 is the latest one that I have. [Interjections.] The correct time is 12:30 at the same venue.

Business suspended at 11:24 and resumed at 15:58.

                          AFTERNOON SITTING

The CHAIRPERSON OF THE NCOP: Hon members, we will now continue with the business of the House. The Secretary will read the Third Order of the day.

DECISION ON REPORT FROM PARLIAMENTARY PROCESS ON AFRICAN PEER REVIEW
                              MECHANISM

The CHAIRPERSON OF THE NCOP: As there is no speakers’ list, I shall now put the question. The question is that the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber to cast their provinces’ votes. Are the delegation heads all present?

HON MEMBERS: Yes.

The CHAIRPERSON OF THE NCOP: Yes. It’s the first time I have heard you responding to this question. Congratulations!

In accordance with Rule 71 I shall first allow provinces the opportunity to make their declarations of vote if they so wish. Is there any province that wishes to do so? None. We shall now proceed to voting on the question. I shall do so in alphabetic order per province. Delegation heads must please indicate to the Chair whether they vote in favour, against or abstain. Eastern Cape?

Mr A T MANYOSI: We vote in favour. We support the report.

The CHAIRPERSON OF THE NCOP: Free State?

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

The CHAIRPERSON OF THE NCOP: Gauteng?

Mr E M SOGONI: Siyawuxhasa. [We support.]

The CHAIRPERSON OF THE NCOP: KwaZulu-Natal?

Mr Z C NTULI: In favour.

The CHAIRPERSON OF THE NCOP: Limpopo?

Ms H F MATLANYANE: Limpopo votes in favour.

The CHAIRPERSON OF THE NCOP: Mpumalanga?

Ms F NYANDA: Mpumalanga votes in favour.

The CHAIRPERSON OF THE NCOP: Northern Cape? Mr M C GOEIEMAN: In favour.

The CHAIRPERSON OF THE NCOP: North West?

Mr Z S KOLWENI: North West is in favour.

The CHAIRPERSON OF THE NCOP: Western Cape?

Mr N J MACK: Supports.

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

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

REFERRAL OF PARLIAMENTARY PROCESS REPORT ON AFRICAN PEER REVIEW MECHANISM TO SOUTH AFRICA’S FOCAL POINT FOR INCORPORATION INTO SELF-ASSESSMENT AND PROGRAMME OF ACTION

                         (Draft Resolution)

The CHIEF WHIP OF THE COUNCIL: Chairperson, I move without notice: That –

as the report has been duly adopted by this House, it be formally referred to South Africa’s focal point on the African Peer Review Mechanism so that it can be incorporated into South Africa’s self-assessment country report and programme of action.

The CHAIRPERSON OF THE NCOP: We shall now proceed to voting on the question. I shall do so in alphabetic order per province. Delegation heads must please indicate to the Chair whether they vote in favour or against or abstain from voting. Eastern Cape?

Mr A T MANYOSI: In favour.

The CHAIRPERSON OF THE NCOP: Free State?

Mr C J VAN ROOYEN: Supports.

The CHAIRPERSON OF THE NCOP: Gauteng?

Mr E M SOGONI: Siyavuma. [We support.]

The CHAIRPERSON OF THE NCOP: KwaZulu-Natal?

Mr Z C NTULI: Elethu. [Support.]

The CHAIRPERSON OF THE NCOP: Limpopo? Ms H F MATLANYANE: In favour.

The CHAIRPERSON OF THE NCOP: Mpumalanga?

Ms F NYANDA: Mpumalanga supports.

The CHAIRPERSON OF THE NCOP: Northern Cape?

Mr M C GOEIEMAN: Steun. [Support.]

The CHAIRPERSON OF THE NCOP: North West?

Mr Z S KOLWENI: In favour.

The CHAIRPERSON OF THE NCOP: Western Cape?

Mr N J MACK: Steun. [Support.]

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

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

The Council adjourned at 16:09. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS


                      THURSDAY, 19 JANUARY 2006

ANNOUNCEMENTS:

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Assent by President in respect of Bills

   1) Constitution Twelfth Amendment Bill [B 33B – 2005] Constitution Twelfth Amendment Act of 2005 (assented to and signed by President on 22 December 2005); 2) Cross-boundary Municipalities Laws Repeal and Related Matters Bill [B 36B – 2005] – Act No 23 of 2005 (assented to and signed by President on 22 December 2005); 3) Road Accident Fund Amendment Bill [B 64B – 2003] – Act No 19 of 2005 (assented to and signed by President on 23 December 2005); 4) Judicial Matters Amendment Bill [B 2B – 2005] – Act No 22 of 2005 (assented to and signed by President on 23 December 2005); 5) Close Corporations Amendment Bill [B 6B – 2005] – Act No 25 of 2005 (assented to and signed by President on 8 January 2006); 6) Auditing Profession Bill [B 31B – 2005] – Act No 26 of 2005 (assented to and signed by President on 12 January 2006); and (7) Special Pensions Amendment Bill [B 28B – 2005] – Act No 27 of 2005 (assented to and signed by President on 12 January 2006).

National Council of Provinces

1. Referral to committees of papers tabled

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

    a)  Report  on  the  provisional  suspension   from   office   with
       remuneration of Mr M K Chauke, an additional magistrate  at  the
       Pretoria Magistrate’s Court.


    b) Progress report in terms of section 13(3)(f) of the  Magistrates
       Act, 1993 (Act No 90 of 1993) on magistrates (M S E  Khumalo;  K
       Sulliman and M F Mathe) suspended for alleged misconduct.


    c) Proclamation No R.51 published in Government  Gazette  No  28039
       dated 23 September 2005: Notification by President in respect of
       entities identified by the United Nations  Security  Council  in
       terms  of  section  25  of  the  Protection  of   Constitutional
       Democracy Against Terrorist and  Related  activities  Act,  2004
       (Act No 33 of 2004).


    d) Proclamation No R.57 published in Government  Gazette  No  28136
       dated 14 October 2005: Notification by President in  respect  of
       entities identified by the United Nations  Security  Council  in
       terms  of  section  25  of  the  Protection  of   Constitutional
       Democracy Against Terrorist and  Related  activities  Act,  2004
       (Act No 33 of 2004).

  2.    The following paper is  referred  to  the  Select  Committee  on
    Public Services for consideration and report:

    a)  Report  and  Financial  Statements   of   the   Home   Builders
         Registration Council for 2004-2005, including the Report of the
         Auditor-General on the Financial Statements for  2004-2005  [RP
         185-2005].


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

    a) Government Notice No 1040 published  in  Government  Gazette  No
       28150 dated 28 October 2005: Borrowing powers  of  water  boards
       listed under Schedule 3 Part B of the Public Finance  Management
       Act, 1999 (Act No 1 of 1999).

    b) Report and Financial Statements of Botshelo Water for  the  year
       ended 30 June 2005, including  the  Report  of  the  Independent
       Auditors on the Financial Statements for the year ended 30  June
       2005.


    c) Report and Financial Statements of Bushbuck Ridge Water for  the
       year ended 30 June 2005.


    d) Report and Financial Statements of Albany Coast  Water  for  the
       year ended 30 June 2005, including the Report of the Independent
       Auditors on the Financial Statements for the year ended 2005.


    e) Report and Financial Statements of Amatola Water  for  the  year
       ended 30 June 2005, including  the  Report  of  the  Independent
       Auditors on the Financial Statements for the year ended 30  June
       2005.
    f) Report and Financial Statements of Lepelle  Northern  Water  for
       the year ended  30  June  2005,  including  the  Report  of  the
       Independent Auditors on the Financial Statements  for  the  year
       ended 30 June 2005.


    g) Report and Financial Statements of Mhlathuze Water for the  year
       ended 30 June 2005, including  the  Report  of  the  Independent
       Auditors on the Financial Statements for the year ended 30  June
       2005.


    h) Report and Financial Statements of Namaqua Water Board  for  the
       year ended 30 June 2005, including the Report of the Independent
       Auditors on the Financial Statements for the year ended 2005.


    i) Report and Financial Statements of Overberg Water for  the  year
       ended 30 June 2005, including  the  Report  of  the  Independent
       Auditors on the Financial Statements for the year ended 30  June
       2005.


    j) Report and Financial Statements of the  Pelladrift  Water  Board
       for the year ended 30 June 2005, including  the  Report  of  the
       Independent Auditors on the Financial Statements  for  the  year
       ended 30 June 2005.


    k) Report and Financial Statements of Rand Water for the year ended
       30 June 2005, including the Report of the  Independent  Auditors
       on the Financial Statements for the year ended 30 June 2005.


    l) Report and Financial Statements of Sedibeng Water for  the  year
       ended 30 June 2005, including  the  Report  of  the  Independent
       Auditors on the Financial Statements for the year ended 30  June
       2005.


    m) Report and Financial Statements of Umgeni  Water  for  the  year
       ended 30 June 2005, including  the  Report  of  the  Independent
       Auditors on the Financial Statements for the year ended 30  June
       2005


4. The following  papers  are  referred  to  the  Select  Committee  on
   Economic and Foreign Affairs for consideration and report:

    (a) Report and Financial Statements of the  South  African  Forestry
        Company Limited (SAFCOL) for  the  year  ended  30  June  2005,
        including  the  Report  of  the  Independent  Auditors  on  the
        Financial Statements for the year ended 30 June 2005.


    (b) Report and Financial Statements of Alexkor  Limited  for  the  9
        months period ending 31 March 2005, including the Report of the
        Independent Auditors on the  Financial  Statements  for  the  9
        months period ending 31 March 2005.

TABLINGS:

National Assembly and National Council of Provinces

1. The Minister of Finance

     Government Notice No R 1105  published  in  Government  Gazette  No
     28226 dated 14 November 2005: Amendment of prescribed fees, made in
     terms of section 36 of the Pension Funds Act, 1956 (Act  No  24  of
     1956).
   

2. The Minister for Justice and Constitutional Development

     Notice of Regulations made in terms  of  section  44(1)(a)  of  the
     Regulation of  Interception  of  Communications  and  Provision  of
     Communication-related  Information,  2002  (Act  No  70  of  2002),
     submitted in terms of section 44(4) of the Act.
   

3. The Minister of Education

   a) Government Notice No 1056 published in Government Gazette No 28159 dated 25 October 2005: National Policy regarding Further Education and Training programmes: Approval of the amended schools policy document, namely a resume of instructional programmes in schools, Report 550 (2005/09), made in terms of sections 3(4)(l) and 7 of the National Policy Act, 1996 (Act No 27 of 1996) and sections 6(A) and 61 of the Schools Act, 1996 (Act No 84 of 1996).

   b) Government Notice No 1175 published in Government Gazette No 28300 dated 7 December 2005: National Policy regarding Further Education and Training programmes: Approval of additional Agricultural subjects to be listed in the National Curriculum Statement Grades 10-12 (General), made in terms of sections 3(4)(l) and 7 of the National Policy Act, 1996 (Act No 27 of 1996) and sections 6(A) and 61 of the Schools Act, 1996 (Act No 84 of 1996).

National Council of Provinces

1. The Chairperson

                             REPORT ON
    “TAKING PARLIAMENT TO THE PEOPLE: PUTTING OUR PEOPLE FIRST”
   
                       Executive Summary[1]
   
   
                   Kwazulu-natal Follow-up Visit
                         15-19 AUGUST 2005
   

2. Background

The National Council of Provinces (NCOP) embarked on its “Taking Parliament to the People” programme in November 2004 and visited the KwaZulu-Natal province. The communities that were visited raised various issues and concerns and the NCOP undertook that the relevant government departments would attend to these matters of concern. The NCOP indicated that it would return to the province to provide feedback to the communities on progress regarding the issues raised.

1. Introduction

This report reflects the key issues that emerged during the course of the follow up visit by the NCOP to KwaZulu-Natal during 14-19 August 2005. The visit constituted part of a broader initiative to “Take Parliament to the People” and to engage in parliamentary oversight initiatives. This report is therefore constituted of several sub-sections, including each of the various meetings that took place during the course of the oversight visit. It is structured as follows:

• Report back by provincial leaders on the current  situation  regarding
  Local Government and Educational issues (14 August 2005).
• Meeting with SALGA and local government (15 August 2005).
• Visit to the Tholukuhle, Macekane Primary and Bhekulwazi High  Schools
  (16 August 2005).
• Visit to Phezukomkhono Women’s Co-operative and Thathunyawo  Cane  and
  Citrus farm (16 August 2005).
• Visit to Disability Centres Eskhawini and Jabulani centre  (16  August
  2005).
• Meeting on Agricultural issues, report by MEC of Agriculture  and  the
  MEC of Public Works (16 August 2005).
• Visit to Mbonambi and Ntambanani Municipalities (17 August 2005).
• Visit to EPWP projects Nkonjane road (17 August 2005).
• Visit to Sokhulu farm, Amangwe Village & Ethembeni Centre  (18  August
  2005).
• Public hearings - a summary of the meeting (19 August 2005).

1. Report back by provincial leaders on the current situation regarding Local Government and Educational issues

The Chairperson of the NCOP presented a report back on reports received from National Departments regarding progress made on issues of concern raised during the initial visit. He informed the meeting that the ATC containing the report of the initial visit was sent to each Minister reflecting issues that were raised by communities. Furthermore, he restated the matters of concern/key issues that were raised under the various departments.

The following progress reports were submitted by the individual MEC’s:

3.1. Report by the MEC for Education in KZN

• The MEC for education in KZN reported that the province is in need of approximately 14 000 new classrooms and toilets to reduce overcrowding in schools; that schools require essential major repairs; that old classrooms that do not comply with current specification caused major backlogs; that an additional 250 classrooms are damaged and in need of major repairs; and that the Department has devised a complex infrastructure development plan, which will provide an indication of which schools are worse off than others.

• In terms of the Fast Track Programme (Learners under trees), Zululand region will receive: ➢ 181 classrooms at 41 schools, ➢ 670 toilets to 117 school, ➢ 160 mobile classrooms • In conclusion the MEC stated that there is progress but also lots of outstanding issues. He said that one of the major challenges that the Department is facing is its relationship with the Department of Public Works.

Challenges

• The under expenditure of the capital budget by the Provincial Department of Education. • Perceived lack of infrastructure planning. • Lack of sufficient classrooms. • Department’s relationship with the Department of Public Works. • Lack of psychological support services at schools. • Lack of a transport budget at schools.

3.2. Report by the MEC for Local Government in KZN

The following progress report was submitted by the MEC for Local Government:

• The MEC for Local Government in KZN reported that a summit was held from 19-20 April with 51 municipalities where guidelines were developed and functions of ward committees were established; that there are ninety- seven wards in total and thirty-two out of those are established; in Mbonambi 8 out of 30 ward committees have been established whilst in Inkandla no ward committees have been established; that a general plan has been developed to assist municipalities to establish ward committees; that community participation training was rolled out as part of Project Consolidate and that councillors were approached to attend the training. • With regard to corporate governance, the MEC reported that the District Mayor should establish a moral forum to co-ordinate functions and activities; that the district manager attends the community participation training; that a shared services model was established in Uthungulu District. This district helps the municipalities that do not have the human resources by pooling the skills and resources for service delivery from the districts; that there is a District Information System which allows access to software information from the provincial level; through the Management Assistance Programme (MAP), that a Plan of Action was set up consisting of (twenty-nine) 29 municipalities.

• The MEC provided the following statistical information with regard to access to basic services: ➢ Water 72% ➢ Electricity 20% ➢ Sanitation 25% ➢ Refuse removal 22% The MEC said that summits would be held on 26-27 August 2005 on electricity and the 28th September 2005 on water provisioning.

• During discussions between the delegation and the department the following issues were raised: ➢ The progress made with the establishment of a disability desk. Information in this regard will be provided at a later stage. ➢ The backlog with regard to access to basic services in the Mbonambi and Mtambanana municipalities. ➢ The lack of a revenue base within these municipalities. ➢ The partnership between municipalities and DPSA. ➢ The lack of resources to address the backlogs.

Conclusion

The Chairperson stated that Members will be given time to read the reports. The key issues that had to be considered were:

 • What is achievable in  the  short-term  with  the  current  resources
   allocation?
 • Medium term  issues  –  to  be  isolated  and  identified  to  enable
   allocation of a budget.
 • The issues that needs to be addressed over the long term.
 • The establishment of ward committees  to  be  attended  to  since  it
   speaks to the core of public participation.

1. Meeting with SALGA and Local Government

Background and purpose of the meeting

The Chairperson of the NCOP, Hon. Mr M J Mahlangu (MP), referred to the report of the initial visit and highlighted the following concerns in respect of Local Government:

  • Lack of capacity by some municipalities, which results  in  service
    backlogs.
  • Lack of effective management systems – he requested a briefing from
    Local Government on whether this has improved.
  • Improper use of funds.
  • Strengthening of public participation through ward  committees.  He
    enquired about the status of ward committees as they play a crucial
    role in public participation, ICDs and CDWs.
  • Lack of co-ordination between Local Government and other spheres of
    government.
  • Lack of capacity to raise revenue.
  • Absence of sufficient local development programmes.

The Chairperson requested the Provincial Department of Local Government to provide feedback on progress to the meeting. In addition, the Chairperson indicated that the visits to Mbonambi and Ntambanani municipalities would continue as planned as the NCOP was interested to see the functioning of municipalities under Project Consolidate. He added that Members would also look at the District Information Management System (DIMS) at the Unthungulu District Municipality and interact with ward committees at these municipalities.

4.1. Report by the Department of Local Government

Presentation by Mr F Brooks, General Manager from the Provincial Department of Local Government and Traditional Leadership

The General Manager in the Provincial Department of Local Government and Traditional Leadership, made a presentation regarding progress made by the Department in addressing the areas of concerns raised.

The General Manager provided the following progress report: • There are 29 Project Consolidate municipalities in the province. • Project Consolidate received great attention in KwaZulu-Natal and the Department had been requested to make a presentation at the Cabinet Legotla around the Project. • A special programme was launched to improve relations between municipalities and the traditional leadership. • There were still challenges regarding the training of councillors. However, there were a number of training programmes running. • Tensions between administrators and the political leadership resulted in deficiency in service delivery. • Co-operation between the different spheres of government was still a challenge. • With regard to the budget, there were only 10 out of 61 qualified audit reports from municipalities. • The implementation of the Municipal Finance Management Act and Property Rates Act were still a challenge. The Property Rates Act was the next big hurdle. • With respect to the backlogs, since 1997/98 the municipality received R2, 8 million for infrastructure development. There was a problem to meet backlog targets and a total amount of R14, 6 billion was required for

1. The budget over the MTEF amounted to R4, 2 billion and this allocation played a role in addressing backlogs. • In response to the issue around capacity of municipalities, the municipalities had established good capacity to manage their IDPs. • The District Information Management System (DIMS), complies with not only national but international best practice and members were requested to allocate time to view its functioning at the Unthungulu District Municipality.

4.2. Presentation by Mr N Duze, Project Manager for Project Consolidate in KwaZulu-Natal

Background

Project Consolidate is a national imperative that finds innovative ways to improve and strengthen Local Government service delivery. Its aim is to ensure a more proficient use of resources derived from nationally raised revenue, to benefit the indigent and to implement government policy on the provision of basic services. The focus is on hands-on interventions addressing critical gaps in eight high level focus areas identified by the Department of Local Government. The initial two-year programme involved 136 municipalities nationwide, with 29 municipalities participating at provincial level.

Progress and Challenges regarding Project Consolidate

• A Provincial  Project  Consolidate  Task  Team  (PPCTT)  and  Regional
  Project Consolidate Task Team (RPCTT) had been established  to  manage
  the project at provincial and regional levels respectively.
•  A  Programme  Management  Unit  had  been   established   to   assist
  municipalities to formulate and facilitate Projects and interventions,
  as well as work closely with stakeholder representatives.
• The province is currently at  Phase  3  level  and  it’s  expected  to
  complete Phase 4 by end of March 2007.
• A Provincial Programme of Action (PPA) was prepared and adopted by the
  Provincial Cabinet in October 2004. The PPA  sets  out  the  strategic
  objectives of the provincial responses to the eight  high-level  focus
  areas identified by DPLG.
• The PPA articulates specific target interventions and  timeframes  for
  delivery and it also strengthened the MAP programme. The PPA undergoes
  regular review and refinement and progress against targets is reported
  on a monthly basis.
•  A  communications  strategy  was  developed  to   inform   government
  departments, targeted municipalities and external  stakeholders  about
  Project Consolidate.
• Key communication mediums included  ongoing  meetings  with  Municipal
  Managers, information and updates on the provincial  website,  project
  brochures,  targeted  media  and  conferences   and   exhibitions   as
  appropriate.
• A Project Launch took place in Indaka regarding the eradication of the
  bucket system on 13 August, which was attended by the  MEC  for  Local
  Government and Traditional Affairs and other senior officials.
• With regard to  the  MPAs,  in  each  of  the  29  municipalities  the
  participant municipalities have developed their MPAs.
• The participant municipalities have  endorsed  all  MPAs  and  Council
  resolutions have been received. This was one of the  mechanisms  aimed
  at ensuring buy-in  by  the  participating  municipalities.  The  MPAs
  highlight the key priority  areas  of  the  municipality  and  suggest
  actions to be taken to address the issue. The MPA also forms the basis
  on which  appropriate  interventions  are  determined  and  developed,
  taking into account identified priorities and available resources.

The following challenges/issues were raised during the discussion session:

•  The   relationship   between   Local   Government   and   traditional
  institutions.
• The lack of capacity within municipalities to spend their budget.
• The co-ordination between Local  Government  activities  and  that  of
  other spheres of government.
• The ability of municipalities to utilise the Municipal  Infrastructure
  Grant.
• The uniform provision of free basic services.
• The integration of gender mainstreaming into Project  Consolidate  and
  IDP’s.
• The Department will contribute R90 million over  the  MTEF  period  to
  Project Consolidate.
• Four provincial departments will become actively involved in IDPs. The
  Department of Water Affairs and Forestry are already participating.
• The implementation of the Property Rates Act in rural areas.
• The uneven distribution of free basic services.

4.3. Presentation by Ms A Reddy – Chief Director: Ward Committees in the Provincial Department of Local Government

Ms Reddy provided a presentation on the establishment of ward committees and the role of the DPLGTA in this process.

The following issues were raised during the discussion session:

•  Whether  there  was  any  training  for  the  ward   committees   and
  councillors.
• If compensation is offered to ward committees in rural areas.
•  A  concern  was  raised  regarding   the   structures,   powers   and
  clarification of roles of ward committees in rural areas.
• The impact of the  political  dynamics  on  the  functioning  of  ward
  committees.
• That there are no legislative guidelines regarding  the  frequency  of
  meetings of ward committees.

4.4. Closing Remarks by the Hon. Mr M J Mahlangu, Chairperson of the National Council of Provinces

The Chairperson thanked all for participating in the meeting and said that it was the electorate that was responsible to pass laws and not government. He said that when the NCOP embarked on the visit, its members came to work and assist their counterparts and the people of the province. He stated that a number of matters were raised which could be related to National Government.

The Chairperson requested the Chief Whip of the NCOP to ensure that the policy be placed as a Subject for Discussion for debate in the NCOP.

Mr Brookes from the DPLG undertook to co-operate with the Standing Committee to address issues raised during the visit.

Meeting with SALGA, Representatives of Small Business and Local Entrepreneurs.

4.5 Presentation by Mr Sbu Myeze: Department of Economic Development and Local Economic Development The presentation focussed on the questions raised by NCOP regarding strategies employed by the Department to assist women in economic development.

The report contained the following: • There is a women empowerment subprogramme contained within the BEE programme. • The Department provides support in terms of training. • The Department is in partnership with NPI to improve productivity. • The Department provides assistance to women by identifying markets and equity partnerships. • The recently established co-operatives programme focuses specifically on women in rural areas. • The Department is working on establishing BEE district forums to assist people in the urban forums to interact and exchange views. • The Department is assisting in making access to finance easier. • The Department is involved in assisting with indirect financing. • In response to the question of support, the MME promotion targets two categories, namely youth and persons with disabilities.

The following issues were raised during the discussion session:

• What municipalities are doing to inculcate a culture of saving. • The role of industries in Local Economic Development. • If relevant training is taking place with regard to co-operatives. • If any tender advice centres were established and how they interact with other centres and DPLG. 4.6. Presentation by Thabiso Ntshala on Local Economic Development (LED)

The presentation included the following points:

The KZN LED Support Programme aims to promote economic growth in KZN. It assists the KZN Department of Economic Development (DED) and a broad range of stakeholders to more effectively implement LED policies, programmes and project within the province.

It comprises a number of LED funding and technical assistance instruments briefly outlined below:

The Business Enabling Fund (BEF) assists provincial, local government and public entities create an enabling environment for Local Economic Development.

The Local Competitiveness Fund (LCF) promotes the competitiveness of businesses and sectors in the local economy through partnerships and facilitates private and public sector involvement in sustainable local economic projects.

Networking and Communication Funding (NFC) provides marketing and communicating for the programme, establish a provincial Monitoring, Learning and Research Facility (MLFR) and provide specific provincial-wide institutional support for the programme. The NCF is not a grant fund and the Programme Co-ordinating Unit (PCU) will procure services for these activities.

The Programme Co-ordinating Unit (PCU) will provide technical assistance to local and provincial government and partnership groups to assist in preparation, packaging and implementation of BEF and LCF projects.

The following issues were raised during the discussion session:

• The impact of the programmes on the second economy. • If strategies were in place to address the lack of skills in municipalities regarding LEDs. • What the department is doing to make women aware of how to get access to finance.

1. Visits to Schools

Three schools were visited by the NCOP namely Tholokuhle, Macekane and Bhekulwesi.

5.1. Tholokuhle

The Chief Whip of the NCOP, the Hon. Mr V V Z Windvoël, requested the principal to highlight the progress that was made with regard to the issues previously raised.

Issues raised at previous visit: • Lack of classrooms, which resulted in overcrowding of the classrooms. • Lack of motivation for educators. • No laboratory facilities. • Lack of qualified educators.

Progress made • Scientific equipment and chemicals have been provided to the school now since they have a laboratory where these chemicals can be stored. • The Department of Education has since embarked on providing training to the educators at the school.

Current challenges • Drug abuse by students. • Lack of motivation by educators. • Funding for the tuck shop needed. • The implementation of the new curriculum was costly to the school, as the books needed by students are very expensive.

Recommendations • The Department of Education to consider deploying social workers to the school. • Educators should be paid overtime for the extra effort they put into enhancing the students’ knowledge. • Business within the community should be sought as a source of external funding for the tuck shop.

5.2. Macekane Primary School

The Hon. Mr B J Tolo started the programme by mentioning the issues previously raised by the school.

Previous issues raised: • No chalkboards. • No desks and chairs. • Shortage of water. • No food storage. • No electricity.

Progress made • Classrooms that were in a dilapidated state have been repaired. • With the classrooms being repaired, the problem of overcrowding has been eliminated. • Plans for the renovation of the rest of the school are currently considered by the Department of Education. • Two of the classrooms have since been fitted with electricity and as the rest of the renovations take place; electricity will be supplied to those renovated classrooms. • The department has also provided the school with two water tanks.

Current challenges • Renovations to the school need to be fast- tracked. • Students come from poverty stricken homes; therefore the children cannot afford to pay school fees. • The problem of the food storage facility has not yet been attended to.

5.3. Bekhulwesi High School

The Principal of the school and the District Mayor received the parliamentary delegation at the school.

Previous issues raised: • The water supply to the school was not sufficient. • No laboratory for the students to carry out their experiments.

Progress made • New classrooms were erected and the ones that were in a poor condition were repaired. • The water supply to the school has been rectified by the Department of Public Works. • The construction of a science laboratory has been undertaken.

1. Visit to Farms

Two farms namely the Phezukomkhono Women’s Co-operative and the Thathunyawo Citrus Farm were visited by the NCOP.

6.1. Phezukomkhono Women’s Co-operative

The school reported the following progress:

• The Department contributed 3 000 chickens together with chicken feed. The project managed to sell the first batch for R52 000.00. • The Department provided training on business management. • There is a poultry mentor that has been provided. • The implementation of an abattoir is currently underway. • Institutional markets including hospitals, business and schools as well as other retail stores will be approached. • There are 30 hectares of Paprika. The aim is to market this product overseas. • There are other projects that have been started, for example a tea project and dry land rice. • Realising that the women needed equipment, they were given a tractor through the Department’s mechanisation programme and this was launched by the MEC in June 2004. • The co-operative was expecting a person sent by the CPPP to help them with the packing of the paprika. • The irrigation is to continue. • The fishponds are not yet completed but will be finished (conflict between the service provider and the co-operative members regarding payments).

Challenges

• The conditional grants are below 70%. • Land care is below 70% in terms of conditional grants. • The removal of fencing. • A need for an overall project manager was identified. • Implementation of a marketing plan. • Skills development, budgeting. • Theft. • Transport for co-operative members who lived in villages far from the farm. • Disaster Management.

Recommendations

• It was stated that the local markets should get preference before moving to the international markets. • It was further noted that not much has been spent on poverty at schools (integration of services, food alleviation – primary school nutrition). • The Department of Transport must work towards constructing roads.

6.2. Thathunyawo Citrus Farm

Thathunyawo Women’s Co-operative purchased a valley farm to grow sugar cane, citrus and vegetables for the benefit of the members and the community. The co-op has 46 members. The farm is 16 km west of Enkwaleni Road and has the following crops namely sugar cane (129 hectares), citrus (11,74 hectares), vegetables (20,6 hectares), irrigated crops (161,6 hectares) and bushveld. The rationale for the purchase of the farm is to build the economy, to develop project managers and to ensure that children are developed to be able to do things for themselves.

Challenges

• A mentorship programme needs to be implemented to assist the co- operative. • Training on management of farms. • Tractor needed by the co-operative. • The project needs to be in the IDP. • Transportation of products.

Recommendations

• The MEC to talk to Eskom regarding the co-operative’s outstanding electricity bill. • The house building that is vacant can be used for training purposes instead of having people paying a fare to go for training far away.

1. Visit to Centres for People with Disabilities

The parliamentary delegation visited two centres, namely Esikhawini and Jabulani Centres.

7.1. Presentation by Mr Ncube, Chairperson of the Zamani Disabled People’s Organisation group

The organisation was founded in June 2000. The membership of the organisation comprises of people with and without disabilities. After a number of attempts of trying to find accommodation, the National Department of Education under the leadership of Prof. Kader Asmal agreed to accommodate the group in one of the buildings that was used as a Teachers Training College.

Challenges

• Lack of assistance from the Provincial Department of Social Development. • Lack of training. • Exploitation of their members by private sector. • Some government departments marginalise companies that are formed by people with disabilities when it comes to awarding tenders. • Lack of empowerment in the disability sector. • Lack of employment opportunities.

Recommendations

• The need to form one central unifying body that will look at the interests of people with disabilities. • The urgency of addressing social issues was also emphasised. • A return visit by the Committee.

7.2. Jabulani Skills Centre

A representative from the association informed the delegation that the association was founded in 1964 and has 10 branches around Kwa-Zulu Natal. Jabulani is one of their projects. Jabulani Skills Centre started in 1942, since then the association has been receiving a subsidy from the department of R8,00 per person until they privatised the centre in 1996 due to financial crisis.

Mr. Makhaya, a representative from the Provincial Department of Social Development reported that this decision was going to have a negative impact on the residents as they do not have anywhere to go if the centre closes. On 24 March 2005, a meeting was held between the department, APC, Resident’s Committee and Hon. Gamede, where the association was informed that the department had approved the amount of R308 000 for renovations and R50 000 for electricity, the salary for a security guard and a cleaning staff. The department will pay this amount until the centre’s problems are resolved.

Challenges

• Lack of assistance to residents by the association. • The residents and the association do not own the property. • The residents made most of the interventions when they approached the MEC of Social Development, who has since intervened and is trying to address the problem. • Lack of cooperation between residence and association.

Recommendations

• The delegation urged the Department to investigate the possibilities to open the centre and assist the people.

1. Meeting on Agricultural issues

8.1. Report by the MEC for Agriculture

The MEC for Agriculture gave a brief presentation as to what has happened during the last year. He said that the department has progressed even though there are still some limitations. One of the achievements that the Department can identify is the Phezukomkhono Women’s Co-operative. The department also created a number of jobs for the youth as some small agricultural projects for the youth have taken off. The NCOP has been invited to visit these youth projects next year.

With regard to the mechanisation programme, he said that tractors were given to the community and mentors were sent to help them with the maintenance of the tractors and how to use them. With regard to post settlement support, there are mentors who will teach them to weed the land and soil scientists to test if the land is good for a particular crop.

The following issues were raised during the discussion session:

• The inability of farmers to move their produce to the markets. • The shortage of water and the plans of the Department to provide water to this district. • The impact of golf estates on the availability of agricultural land.

8.2. Report by the MEC for Public Works

The MEC responded to questions raised by the delegates earlier in the morning regarding the storm damages that they saw in one of the schools they visited. He said that there were conflicting signals between the Department of Education and that of Public Works. Clarity is needed on this issue because Education is saying Public Works is delaying them and Public Works is saying they have not received a request for service from Education. This was referred to the Public Works and Education Committees.

On the question of contractors not being paid on time by the Department, the MEC said only those whose work had not been certified by the officials would have a problem with payment.

Recommendation

• The MEC proposed that when the NCOP calls a meeting again all parties should be invited (that is both Education and Public Works) so that they are able to respond to the allegations that they are slowing down service delivery.

1. Visit to Municipalities under Project Consolidate

Uthungulu District Municipality

The members visited the Uthungulu District Municipality where they received a full briefing and demonstration on the District Information Management System (DIMS).

9.1. Ntambanana Municipality

The purpose of the visit to the municipality was to establish whether the municipality has the capacity to do the work that it is mandated by government to do.

The following information was supplied to Members by the Municipality:

• The Ntambanana Municipality is one of the poor municipalities. They have inherited 45 workers from the Department of Local Government. The land the municipality is responsible for is 90% tribal land and 10% farming community. The municipality is under four tribal authorities which are Somopho, Obizo, Obuka and Mambuka; 73% of the municipalities’ population has no access to water and 70% does not have proper sanitation. There is a 100% backlog on electricity.

• The municipality has a number of projects that are run by women and the youth. Included in these projects are block making, poultry farming and ceramic products. They are all registered into co-operatives and have been referred to Ithala for funding.

Challenges

• Communication between the municipalities and the Department of Local Government. • 90% of the property is not assessable. • 5% employed and 95% unemployed (less than 8000 people are employed) • The community qualifies to be put in the indigent policy • Generation of income. • The municipality has a problem with the alignment of the IDP with their budget. • The municipality needs to find out what projects the departments have in their area. • Lack of free basic services. • There is no clinic servicing the area and surrounding areas.

9.2. Mbonambi Local Municipality

The Municipal Mayor, Mr M E Mthethwa remarked that it has been a year since the initial NCOP visit where an indication has been given of the situation of the roads, the lack of health services, lack of electrification services, as well as the lack of potable water in the area.

The Municipal Manager, in his presentation stated that the challenge facing councillors was to create job opportunities and reform Mbonambi into an attractive investment opportunity to alleviate poverty; that agriculture and tourism have great potential in development of the municipality; that Mbonambi is a natural location for importers and exporters and they have investor incentives such as inexpensive water and a lot of vital services run by trained people; that partnerships were fused between the Independent Developing Trust (IDT), UN Agencies and EU Funders. These partnerships are constantly planning development. There is a plan to establish a R120 million service centre on N2; that 40 projects were launched including poultry farms, production of house products and community gardens. The municipality also has impressive tourism opportunities and dune forests, as well as the Greater St Lucia Wetlands Park and deep sea fishing.

On the occasion of a meeting between the public and the municipality, the following concerns were raised:

• Whether the municipality has communicated with the MEC regarding the building of the roads subsequent to the MEC’s undertaking. • The issue around the ward committees. • When the DPLG made their presentation, a different picture was painted. For instance, why does the DPLG not know what the municipality is doing? • The 100% increase in expenditure for salaries. • Whether the Municipal Programme of Action is in line with the Provincial Programme of Action. • The progress regarding implementation of sanitation services in terms of addressing health hazards. • The existence of a progress report regarding the expenditure on housing since the municipality received a R17 million injection and built 100 houses. • The role of the Demarcation Board in the development of municipalities.

The municipality responded as follows to the aforementioned challenges:

• The Mayor responded that the municipality had expressed the concern regarding the roads and also wrote a letter to the director. • In response to the question around ward committees, they were established in 2001. • The contribution of R3 million in the budget refers to MIG. With regard to housing, the provincial treasury had indicated that the municipality should not indicate any housing allocations on their budgets. • He explained that the increase in salaries is due to the increase in the number of staff; 50% more staff have been employed. • The municipality is currently appointing consulting engineers and there is a specific time frame set out with regards to sanitation. • In response to the question regarding the Demarcation Board, its role is to assess, on yearly basis, the functions of municipality.

9.3. Meeting with the Ward Committees

The Chairperson of the NCOP, the Honourable Mr M J Mahlangu, MP, addressed the meeting. Mr Mahlangu said that Local Government is mandated to work in such a manner as to deliver services to the people on the ground. He acknowledged the role and functions of ward committees and said that these committees are statutory bodies. A number of issues were raised by the representatives of the ward committees, more specifically funding of ward committees by the municipalities.

Challenges facing Local Government

• Powers between local and district municipalities and effectively integrating Community Development Workers to support the work of Municipal Councils. • Capacity of Municipalities. • Interaction between the municipalities and provincial departments

The general picture that emerged from the municipalities visited during the NCOP follow up visit is that they are functioning well, are delivering quality services and making genuine contributions towards improving the quality of lives of the communities they serve. However, there are some municipalities that continue to face severe constraints in delivering even the most basic services to the communities they serve. Many municipalities have no capacity to raise their own revenue and the challenge is to empower these municipalities to be able to raise their own revenue.

The following recommendations were proposed:

• The NCOP to strengthen its oversight work so that it can respond to the challenges faced by Local Government. • Municipalities to ensure that they add value to the efforts being put in by national and provincial government to capacitate them, by enhancing their delivery of services to communities.

Response by the Deputy Minister of Provincial and Local Government to challenges facing Local Government

The profiling exercise indicates that municipalities face legal, financial and administrative challenges in the following areas:

• Public empowerment, participation and community development. • Capacity building, systems, human resource development and improved organisational culture. • The provision of free basic services that target poor households, appropriate billing systems and reducing municipal debt. • Local Economic Development, job creation, Public Works Programme and municipal infrastructure. • Anti-corruption initiatives. • Rural and urban development nodes. • Performance monitoring, evaluation and communication. • The low rate of payment of services. Communities need to be educated on why they should pay for services. • In terms of the management of municipalities, many Municipal Managers and senior managers are not adhering to Batho Pele principles. • Councillors also face certain capacity challenges. Since the Municipal Finance Management Act provides for the shift of power and responsibilities to councillors, they require training on budget management, planning (drawing up of Integrated Development Plans), financial management and general management issues. • Councillors should be able to communicate Council resolutions to the community. They should be able to identify challenges and draw up an appropriate Programme of Action to deal with those challenges.

1. Visit to the Expanded Public Works Projects (EPWP)

10.1. Nkonjane Road Project

The project entailed the construction of a 5km road using labour intensive methods. The budget for the project was R1,2 million. The project is community-based. The Department of Transport worked with the community through the Steering Committee. The Project employed 362 people of whom 146 were women, 146 youth and 2 disabled persons. The project is on the Infrastructure Development Plan.

The budget allocation for this project is as follows: • 70% Labour Intensive • 8% Hiring of machinery • 22% Purchase of material

Learnerships were provided to three engineering students to assist in construction management of the contract. The project is 99% complete, first delivery will be taken on Friday, 19 August 2005. Maintenance of the road will create job opportunities to the community.

Challenges

• Inter-departmental co-ordination is still very difficult. • Continuity of the infrastructure (Road has been built who must maintain it) • Departments should commit to ensuring that there is an exit strategy for sustainability • Monitoring and evaluation

1. Visit to Amangwe Village, Ethembeni Health Care Centre and Sokhulu Community Farm

11.1. Amangwe Village

Amangwe village is a partnership driven initiative and aims to provide support to adults and children infected and affected by HIV/Aids through a range of interventions. The primary function for Amangwe village is the protection of children and that of improving the capacity of caregivers to give the basic need of the children in their care ensuring self reliance of care givers and ensuring that traumatised children are dealt with in a professional and holistic manner. The last time the NCOP was there, there were two foster homes that were built in the village, and a third one has since been added. Caregivers who are sometimes the eldest member of the family head these homes. For example in one home lived a family that is headed by the eldest sister. These are called Youth Headed Homes.

The service that the village provides is not only confined in Amangwe but also to communities that are outside its confines through its Homes Based Care, which comprises well trained volunteer caregivers who daily visit poverty stricken households to assist in caring for critically ill loved ones. Not every child has a grant; and the centre is trying to assist the children to get foster care grants. Amangwe village has a toy library that is linked up with 14 rural crèches. This library works like a normal library. The village has a herb and vegetable garden. Some of the herbs that are planted are pesticides and immune boosters.

11.2. Ethembeni Health Care Centre

The original intention of the health care centre was to address HIV/AIDS related problems that Occupational Health Clinics were experiencing. In 2002, Ethembeni Care Centre relocated to Amangwe Village, which was a Mondi Kraft property. Ethembeni was established primarily for use by the employees of local industries and was intended to be self-sustainable. Ethembeni’s services spread through word of mouth, and the clinic began to admit “private patients”. Bayside and Hillside Aluminium (BHP Billiton) became then the main funder of infrastructure as well as the “indigent patients” i.e. those patients who could not afford the fees.

At present, Ethembeni is operating as an 18-bed step down, subacute facility with a 45-bed facility. The building of the 18 bed Paediatric Ward is also sponsored by Bayside and Hillside Aluminium and has just been completed. With effect from 1st July 2005, the management of Ethembeni Care Centre, was given the Dream Centre, with support and assistance from the Department of Health

The health care centre under discussion has reported the following achievements:

• The manner under which the staff were working several months ago, has been changed and results can be seen by the way staff at Ethembeni are conducting themselves, in response to structured management and further more, people who do what they say they will do. • At the end of May 2005, 13 Nursing posts were advertised, short-listed, and more than 30 out of 200 applicants were interviewed. • More staff in other departments will be employed at the end of October 2005, this includes kitchen, social workers, physiotherapists, occupational therapist and psychologists. • Memorandum of agreement is in place between the Regional Hospital (Ngwelezane) and Ethembeni for the transfer of patients from Ngwelezane to Ethembeni Care Centre. • Uthungulu District has expressed interest in their programme.

The health care centre reported the following challenges:

• 95% of patients are indigents. Each patient’s stay costs ± R200,00 per day excluding drugs and tests done. • Anti-retroviral drugs are not freely available especially to those patients that have been admitted. They are expensive for such patients, triple therapy is ± R730,00 upwards. • Running costs e.g. electricity telephone photocopying including salaries and maintenance are also a big challenge. • Transporting of patients to satellite hospital (Ngwelezane) is a big problem. Presently patients are being transported in a bakkie – the back padded with a mattress. • Insufficient equipment or unavailability of equipments such as beds, cotbeds, trolleys, bedside lockers, dripstands, etc, especially for the Paediatric Ward.

11.3. Sokhulu Community Farm

The farms visited were within the Mbonambi municipal area and is rural. The farms are operated by the community and supported by the Uthungulu District Municipality.

The community reported the following challenges:

• Requests tabled to the NCOP in 2004 have not been fulfilled. The requests are still as follows: ➢ Drainage system for the fields. ➢ Roads for the field produce to be transported. ➢ Water for the irrigation and the homesteads. ➢ Electricity. ➢ Market for the produce. • There are no ward committees. This contributes to the lack of communication between the community and the municipality.

The Department of Agriculture reported that a budget of R10 million was to be allocated over the next 3-year period to the farming project of the community. Once the Environmental Impact Assessment has been completed, the implementation will begin. The following recommendations where made:

• That the Agriculture Portfolio Committees and the provincial department to meet the community within two weeks to address the unresolved issues. • The Portfolio Committee on Local Government to look into the issue of non- establishment of the ward committees.

1. PUBLIC MEETING

An Overview of the Response of the Leader of the NCOP Delegation

The visit was concluded with a public Meeting at which the Premier and the Chairperson of the NCOP addressed the public regarding the follow-up visit.

The Chairperson, in his presentation, indicated that the purpose of the follow-up visit was to assess progress made since the initial visit by the NCOP in 2004. The public meeting was convened to give the public a summary of what transpired during the week. The presentation summarised the weeklong follow up visit, the meetings and activities that were embarked on and the progress the NCOP had noted.

The presentation highlighted a few matters with regard to each area that was focussed on during the week.

12.1. Local Government

Visits were undertaken to the Uthungulu District Municipality as well as the Mbonambi and Nthambanana local municipalities. • Special programmes were launched to improve relations between municipalities and traditional leadership. • A number of training programmes were running for councillors. • Some ward committees have been established. DIMS is national and international best practice and this is one of the achievements of the Uthungulu District Municipality. • A Provincial Project Consolidate Task Team and regional project consolidate task teams had been established to manage Project Consolidate at provincial and regional levels. • A programme management unit had been established to assist municipalities with the formulation and facilitation of projects and interventions and to work closely with stakeholder representatives. • A Provincial Programme of Action was prepared and adopted by the provincial Cabinet.

12.2. Education

The Tholokhule, Macekane and Bhekulwasi Schools were visited. Substantial progress had been made regarding the issues raised during the initial visit. • At Tholokhule High School additional classrooms were built to address the problem of over crowding. • Extensive training of teachers in Mathematics and Science had taken place and the school now has modern technology to facilitate effective learning. • At Macekane and Bhekulwasi schools classrooms have been built and renovated which provides children with a decent learning environment. • Electrification and provision of water and sanitation is underway. • Interim water tanks have been installed to provide children with clean water. • Ablution facilities have been made available in some schools. • By September 2005, 90 classrooms will be completed. The target is 133 classrooms, most schools that were damaged have been repaired. • The provision of libraries, admin offices, administration officers and laboratories will be attended to in the next financial year budget.

12.3. Expanded Public Works Programme

The delegation visited the Madlebe water project and the Nkonjane road project. • The Madlebe water project is near completion and the Nkonjane road construction is almost completed. • Both projects are labour intensive and local labour was used. The main focus for job allocation was on women and the youth. • The process was community driven.

12.4. Social Development

The delegation visited the Esikhawini and Jabulani Centres for the disabled. • The department approved an amount of R308 000 for renovations and R50 000 for electricity, salary for security guard and cleaning staff at the Jabulani centre. • The department is looking into converting the centre into a home for the disabled. • It was noted that out of the 23 people staying there, 14 would not qualify to continue living in the home if it was to be converted. • The process of issuing tenders for renovations is unfolding and tenders will be awarded in due time.

The delegation also visited the Amangwe Village and Ethembeni Centres. • The department is assisting the Amangwe centre with foster care grants. • Another family unit was built that offers additional accommodation. • They have a health food store as well as an organic garden. • A toy library that is shared with 14 other day care centres within the surrounding community was built. • Volunteers provide home-based care for people who are infected and affected by HIV and AIDS. • When visited initially the Ethembeni Centre was under threat of closure due to finances. By September 2005 it will be registered as a Section 21 Company. • Services expanded to include other communities. • A memorandum of understanding exists between the department of health and Ethembeni. • Thandukuphila drop-in centre was established to look after orphans, HIV/AIDS affected and infected and abused children. • They provide a laundry service for child and female headed homes. • Volunteers provide home-based care to those infected and affected by HIV/AIDS.

12.5. Agriculture

The delegation visited Thathunyawo and Phezukomkhono farms. • The department is providing the co-operatives with machinery to facilitate effective farming through its mechanization program. • The Phezukomkhono women’s co-operative has been a role model for female farmers by mobilizing women from remote areas to participate in sustainable agriculture business. • The project produces catfish, poultry and fresh produce. • A project manager will be appointed by the department to assist women with running of the farm.

The Chairperson concluded by indicating that much progress has been made in the different areas. However, some challenges still needed to be attended to. He stated that the role of the Standing Committee and the Portfolio Committees in the Provincial Legislatures are crucial in ensuring that those challenges that still existing are attended to.

1. Conclusion

The NCOP follow-up visit to KwaZulu-Natal proved to be very successful and yielded many critical insights. Many valuable lessons were learnt as to how to improve upon service delivery.

1. The Chairperson

                             REPORT ON
    “TAKING PARLIAMENT TO THE PEOPLE: PUTTING OUR PEOPLE FIRST”
   
                       Executive Summary[2]
   
                    North West Follow-up Visit
                         15-19 AUGUST 2005
   

2. The focal areas of the NCOP’s Taking Parliament to the People Programme

• Education. • Local Government. • Home Affairs. • Social Development. • Agriculture. • Water Affairs and Forestry. • Public Enterprises. • Trade and Industry. • Minerals and Energy. • The Presidency. • Safety and Security. • Justice and Constitutional Development.

1. Rationale for the NCOP’s follow-up visit to the North West Province

The rationale for the NCOP’s visit to the aforementioned province was to follow up on its March 2003 visit to the province, which afforded the community an opportunity to interact with political leaders on the economic, social and other issues they deemed important. Ideally the three spheres of government should be brought together to discuss matters affecting communities. For this reason one sphere of government should not pass on its responsibility to other spheres of government. The task of the NCOP, therefore, is to promote intergovernmental relations between the spheres of government. The challenge to the NCOP is to familiarise itself with the challenges facing local government, and to assist in creating a people’s contract aimed at employment creation and fighting poverty. Members of the community should use the follow-up visit to the province as an opportunity to address their political leaders on issues that lie close to their hearts.

1. The Office on the Status of Disabled Persons (OSDP)

Despite the obstacles encountered by the OSDP, established in 1999, it succeeded in focusing on the co-ordination and implementation of Government’s disability policies. Its main areas of concern are disability awareness, capacity-building, monitoring and evaluation, networking and liaison, policy development, and planning, co-ordination, consultation and advice. The OSDP reported a number of achievements, including the adoption of the Integrated Development Disability Strategy (IDDS), the establishment of an Inter-departmental Committee on Disability and a Provincial Disability Strategy, the launching of the Provincial Disability Forum, the establishment of the North-West Disability Unit and the training of line- function departments on diversity management and the implementation of the IDDS.

1. Strengthening the Municipalities

Since co-ordination on municipal level appears to be poor, the legislator wishes to strengthen municipalities in order to enable them to deliver. The North West Province has 21 local municipalities and four district municipalities. Legislation (the Local Government: Municipal Systems Act, Act 32 of 2000) determines that local municipalities are required to establish and develop ward committees to ensure their functionality. The province, at the same time, is constitutionally obliged to support municipalities and strengthen their capacity to manage their own affairs and to perform their functions. Some municipalities in the province under consideration have financial problems which hamper the effectiveness of their ward committees. The province, nonetheless, is satisfied with the report it received on the functioning of ward committees. Despite this, it was reported that some ward committees were falling behind and were not able to function effectively. Dedicated officials have been assigned to a number of wards to ensure that their wards meet and are able to keep records. The following municipalities were identified as those who require special attention: The Naledi Local Municipality, the Mamusa Local Municipality, Lekwa Teemane, and Greater Taung.

1. Economic Development

The economic development agenda focuses on the following: Assistance to women enterprises and businesses, including tenders, financial assistance to businesses, with particular reference to women in business and initiatives to facilitate access to finance, progress made by mining companies in reaching the target of 10% women employees within five years, support to local economic development and entrepreneurship projects or programmes, and challenges faced by the youth regarding business opportunities and employment.

The Office on the Status of Women (OSW) in the Office of the Premier of North West centres on local economic development strategies aimed as assisting women. For this reason, co-ordination is crucial, but no easy task. Women, particularly those in rural areas, need to be supplied with information on how and where to access services and information. It should be noted that the province falls under the authority of the Commission on Gender Equity. The mission of the OSW, therefore, is to enhance women’s empowerment and gender equality. In support of the aforementioned challenge, the following figures were highlighted:

• Just over 50% of the province’s population is female. • There has been an increase in the divorce rate and a tendency towards cohabitation. As a result, more households are currently headed by women. • In the province under consideration, the HIV and AIDS infection rate is lower among women. • In general, women in the North West Province are more educated than men, although the mining, manufacturing, agriculture, electricity and construction sectors employ more males than females, with particular reference to the mining sector.

In order to assist the province’s female population, six projects had been launched, and R2,8 million has been set aside to assist women in particular. During November 2003, the North West Provincial Government adopted an Integrated Provincial Gender Strategy and an Implementation Matrix in order to address gender mainstreaming in the province. The strategy is clear on the economic empowerment of women, the achievement of women’s economic growth, equal earning power and full participation in all aspects and on all levels of the economy. In August, the OSW and the national Department of Provincial and Local Government ran a programme to train women with an interest in business in writing skills and the drafting of business plans, and the completion of procurement and tender documents. It was resolved that the OSW must co-operate with the Gender Focal Points (GFPs) in the provincial departments. The NCOP stressed that each municipality must establish a GFP. In doing so, finalised policies can be implemented at the local level. The NCOP indicated that, on follow-up visits to the province, it would like to see that the GFPs are in place and that implementation is taking place. The OSW has to co-ordinate this, while the GFPs need to see to implementation.

1. Education

During the March 2003 visit, the focal areas in this sector were the need to address poverty and illiteracy in areas under the control of traditional leaders, the large number of poorly educated and unemployed youth in the area, the absence of career guidance at schools, insufficient water supply to schools, and insufficient support to orphaned and/or child-headed households as a result of HIV and AIDS. Briefly, the following developments have been reported:

• A new Integrated Social Development Security Services Grant was introduced to phase out and/or replace the National Food Emergency Scheme, introduced and sanctioned by Cabinet in 2002. • The uptake of social grants, particularly child support grants, has increased enormously as a result of the increase in the age-group qualification (currently 14 years). There are at present 3 269 child support grant beneficiaries in Greater Taung. • The provincial department has embarked on a school uniform distribution programme which saw 252 tracksuits distributed to needy children in 2004. • Seventeen Early Childhood Development Centres have received donations from the Lottery Fund through the assistance of the North West Welfare Forum. • Pay-point facilities have been upgraded to assist pensioners and other beneficiaries of state social security grants to receive these in a conducive environment. It was proposed that the Dithakong, Lokaleng, Pudumong, Kgomotso and Manthestad pay-point facilities be renovated. • Victim of Domestic Violence Support Centres have been established and equipped in order to deal with issues at hand.

Since the NCOP’s initial (March 2003) provincial visit, a number of developments were reported. These include:

• The establishment of the North West Provincial Development Trust. • An amount of R1,4 billion earmarked for the nutritional programme as primary schools in the province. • An amount of R375 million for 385 farm schools in the province. • An amount of R10 million for the provision of Adult Basic Education and Training (ABET). • The Career Guidance and Counselling Project had to be postponed due to financial and budgetary constraints, although quotations have recently been called for and submitted. • Learner support material is being distributed to schools.

1. A focus on Schools in the North West Province

In August 2005 (as part of the follow-up visit), four delegations visited four schools in different regions of the Bophirima district, the purpose of which was to provide the delegation with first-hand experience of the conditions under which the schools operated and the challenges they faced. Not all the schools have, however, been visited on the previous occasion. The delegations met with the principals, the school management teams, representatives of the school governing bodies and representatives of the learner representative councils. The following schools in the North West Province were visited, in alphabetical order:

• The Gabobidiwe High School. • The Jospeh Saku Secondary School. • The Reveilo High School. • The Walter Letsie High School.

For the sake of brevity and ease of reference, obstacles reported by the aforementioned schools are grouped together, in alphabetical order:

• A shortage of computers, printers and fax machines. • A shortage of educators. • Alcohol abuse by some learners. • Delays by the Department of Education. • Drug abuse (particularly dagga) remains a problem. • Education on HIV and AIDS. • Fluctuating matric results. • High teenage pregnancy rates. • In some schools, most of the learners are between the ages of 19 and 22. • Inadequate fencing. • Insufficient electrification. • Insufficient involvement of parents in the school. • Insufficient library, laboratory, administration and hostel facilities. • Insufficient sports facilities. • Insufficient toilet facilities. • Insufficient water taps. • Lack of joint curriculum planning. • Lack of suitably qualified mathematics and science educators. • Lack of transport for some of the learners. • Learners have to walk up to 15 km per day to and from school. • Low morale among learners. • Maintenance is not provided by the Department of Public Works. • Many learners have not applied for exemption, although they cannot afford to pay school fees. • Problems with disciplining learners. • Schools being unable to pay their accounts because of inadequate budgeting. • The late delivery of learner material. • The location of schools is such that they are vulnerable to burglary and vandalism (especially during school holidays and over weekends). • The representation of learners in school governing bodies. • The retention of educators with scarce skills.

1. Municipalities visited under Project Consolidate

The following municipalities were visited:

• The Greater Taung Municipality. • The Naledi Local Municipality. • The Lekwa Teemane Municipality. • The Mamusa Municipality.

8.1 The Greater Taung Municipality

The Greater Taung Municipality is a typically rural municipality consisting of 106 villages, with 7,2% of its 201 683 residents urbanised. The majority (53%) of its municipal population is female, and the municipality has the highest population density within the Bophirima district, which spans almost 36 km². In fterms of the 2005/06 Budget Summary, the total of the budget from Government grants is R41 648 957-00. In 2000, the municipality started from a zero-based income, and currently its budget from own revenue collected stands at R4 125 058-00.

The main issues confronting the Greater Taung Municipality are:

• Access to land for developmental purposes. Most of the land (almost 90%) falls under tribal authorities, and development is delayed since negotiations to obtain land from traditional leaders often are drawn-out processes. In addition, it was reported that the national Department of Land Affairs is slow in assisting municipalities to access land. Some investors are willing to set up a project to the value of R14 to R16 million, but cannot proceed due to the aforementioned challenges. • The municipality’s budget for the provision of water and electricity has been reduced. The initial target was to provide electricity to a further 5 000 houses. As a result of the aforementioned obstacle, the municipality can provide electricity to only approximately 1 200 houses. At present, 6 000 houses in the region are still without electricity. • Five housing projects are running simultaneously in order to address the challenge of housing. This process was hampered due to poorly integrated planning. • The municipality’s relations with other departments, is not supported in the form of formal structures. The municipalities should, therefore, establish such structures and enter into memorandums of understanding with departments in order to advance agricultural development. • Skills and education levels in Greater Taung must be raised since the majority of the inhabitants have only received primary school education. • The current unemployment rate of 65% is high. This matter should be addressed by means of intergovernmental relations. • More than 97% of the inhabitants in Greater Taung earn less than R1 600- 00 per month, as compared to the national level of R1 100-00, which is regarded as the minimum level to survive. • Salaries paid by the municipality (at the Grade 3 level) are not attractive enough to retain employees with scarce skills. • Continuous municipal infrastructure grant changes impose stringent and unrealistic conditions.

8.2 The Naledi Local Municipality

The Naledi Local Municipality reported that as from 1 July 2005, free basic services are provided to all indigent households (household earning less than R1 600-00 per month). The municipality procured the Zeus Credit Control debt collection management system, and has entered into a twinning agreement with the Assen Gemeente (Congregation) in the Netherlands in order to strengthen the housing capacity of the municipality. The Assen Gemeente committed itself to provide €45 000 annually over a period of three years to be invested in capacity-building, training, and policy planning and implementation.

Apart from the aforementioned matter, the main challenges facing the municipality include:

• Extending the fundamental benefits of basic water supply and sanitation, electricity and housing. • Pushing back poverty and providing basic household services. • Raising the municipality’s income levels. • Addressing the lack of transparency and accountability in respect of housing provision. • Acquiring and retaining the services of professionals with senior management, technical ICT (information communication technology) and financial management skills. • Securing funds for roads. • Addressing the challenge of obsolete plant, machinery and equipment.

8.3 The Lekwa Teemane Municipality

The Lekwa Teemane Municipality highlighted problems resulting from a section 12 amendment of the Local Government: Municipal Structures Act, Act 117 of 1998. This resulted in confusion regarding the roles and responsibilities of the Mayor and the previously newly elected Speaker of the Council, which caused discord in the Council. Subsequently the MEC for the Department of Local Government invoked section 139(1)(c) of the Constitution, Act 108 of 1996.

The municipality under discussion has reported progress in the following activities:

• Functional ward committees have been established in all six wards. • There has been improvement in community participation in the IDP and the budgeting process. • An organogram has been developed for the amalgamation and integration of the administrations of Bloemhof and Christiana. • The municipality’s financial position has improved to the extent that it has been able to service its loans with the Development Bank of Southern Africa and the Department of Water Affairs and Forestry. At present, the municipality’s current account stands at R1,2 million. • Eight Community Development Workers (CDWs) have been appointed and have received training.

On the occasion of a meeting between the public and the municipality, the following concerns were raised:

• The municipality does not deliver the necessary services to the community, and an explanation was requested as to whether the cause of the delay was at the national, provincial or local level. • The media reported that Expanded Public Works Programme (EPWP) projects are taking place in other parts of the country, but there were no such projects in Lekwa Teemane. • There is still infighting in the Council, and contracts were allocated to only a few people in the community, some of whom had not even completed previous contracts awarded to them. The NCOP was requested to ensure that a forensic audit be conducted into the affairs of the municipality. • The members of the ward committees received only four days of training and expressed the concern that they were not taken seriously by the municipality. They were not able to meet with the Municipal Manager.

The municipality responded that the new Council, which has been in operation for the past 18 months, was unable to resolve most of the problems caused by the previous Council. It was argued that the new Council should be given more time to deal with other matters raised by the community. The Municipal Manager indicated that he had met with small contractors who were unsuccessful in their tenders. He had encouraged them to form partnerships with other companies and then operate as subcontractors on projects, to the benefit of all. The municipality indicated that it would approach the various finance agencies (such as Khula and the Umsobomvu Youth Fund) to brief the community on the services they offer and the funding that could be accessed. In the event of a forensic audit being conducted, the Municipal Manager would fully co- operate.

8.4 The Mamusa Municipality

The Mamusa Municipality reported that ward committees have been established in most areas, and that training has taken place. The provision of services in some remote areas is problematic, and ward councillors have been encouraged to raise the issue of payment for services in their ward committee meetings. CDWs have been employed to assist communities and an external contractor has been appointed to recover outstanding debts. Although the Council meets monthly, limited space in the Council Chambers makes it difficult for the community to actively participate in meetings. The Department of Local Government and Housing will build approximately 6 785 houses this year, people earning less than R800,00 will receive free basic services, an agreement has been signed with Eskom for the provision of electricity, and 687 houses were built in Amalia.

The municipality currently faces the following problems:

• There is a population explosion as a result of the eviction of farmworkers and farmers changing to mining. • There is an escalation in informal settlements. • Unemployment remains a problem. • The rail passenger service was terminated. • Roads require upgrading. • Refuse removal, sanitation, water provision and storm drainage are serious challenges. • The municipality still owes an amount of R38 million, although some Government departments owe the municipality money. • The municipality is required to provide counter-funding when it receives money from national Government, which is problematic since the municipality does not have a strong revenue base.

Other challenges include:

• The poor quality of the RDP houses. • There appear to be disparities among municipalities in dealing with free basic services – some supply free water but no free electricity. • The stadium has not been finalised and handed over to the community. • It is not clear whether 6 000 employment opportunities were created, followed by another 1 300. • The salary component should be less than 40% of the municipality’s budget. • Should a tollgate be erected to make up for damage caused to roads by heavy vehicles? • Should the municipality approach national departments to assist with the provision of equipment and emergency vehicles? • Some members of the community live in inhumane conditions, which are not being addressed.

The municipality responded as follows to the aforementioned challenges:

• The municipality stopped further work on those houses where inferior material was used and refused to pay the contractors. • An agreement is drawn up with Eskom to provide electricity in certain areas that are currently not covered. Although people receive free basic services, they consume more than what is allowed for. • Members of the community vandalised the stadium. For that reason it could not be handed over to the community after the damage was done. • The jobs which were created were temporary, and women were part of this process. The municipality has awarded bursaries to students, but has difficulty in tracing some of them. • Although the municipality does require staff to deliver services effectively, it will look into the issue of the budget for the staff component. • The proposed toll road is to be discussed at a Council meeting. • The municipality will address national departments on the issue of assistance regarding vehicles, etc.

1. Background to the Expanded Public Works Projects (EPWPs)

Since its official launch on 16 September 2004, the province has managed to create a total of 18 450 employment opportunities (in the past financial year) through the EPWP. The EPWP first quarterly report indicates that the province created over 9 000 employment opportunities from 93 projects. The total budget for the aforementioned 93 projects stands at R279 472 818, and the total actual expenditure (at the end of the quarter) was R102 870 493.

The following EPWPs are highlighted:

• The Grass-cutting and Bush-clearing Project (the Hartswater to Vryburg Road). • The Grass-cutting and Bush-clearing Project (the Taung to Reivilo Road). • The Taung CBD (Central Business District) Paving Project. • The Community Health Worker Programme.

9.1 The Grass-cutting and Bush-clearing Project (the Hartswater to Vryburg Road)

Commenced on 30 June 2005 and covers the P4/1 section of the N18 from Hartswater to Vryburg, spanning a distance of 30 km. The project value is R211 380,00, and involves 42 employment opportunities (26 women and 16 men). Thirty-three of those involved consist of young people (male and female), and beneficiaries were recruited from all the wards in the Greater Taung Local Municipality, selected from people without any other source of income. Beneficiaries earned an income of R40,00 per day per task. Temoso Trading 175, an SMME with 70% shareholding belonging to women, won the tender.

Challenges related to the aforementioned project include incomplete skills training and transfer, insufficient attention to health and safety standard requirements, a lack of sufficient funding for all EPWP beneficiaries and equipment, and questions related to earning R40,00 per day.

9.2 The Grass-cutting and Bush-clearing Project (the Taung to Reivilo Road)

Commenced on 8 August 2005 and employs 38 people (17 women and 21 men).

The challenges related to the aforementioned project include a lack of toilet facilities, developing entrepreneurial skills; for instance, empty tins and bottles could be collected for recycling purposes and, in doing so, much-needed additional money could be earned. The Department of Labour did not respond to the request to identify service providers to offer training to workers. Workers indicated their dissatisfaction with earning R40 per day. The project manager from the Department of Roads and Transport informed the delegation that it would cost approximately R140 000 to purchase protective clothing for the workers, which was currently not available.

9.3 The Taung CBD Paving Project

This project is mainly focused on providing informal traders in the Taung CBD with a conducive and healthy environment where they can trade and where pedestrians are safe. The aforementioned contract commenced on 1 April

1. The duration of the project was set for three months, but the actual completion date was 31 July 2005. A total of 111 staff was employed, 43 of the employees received accredited training in doing paving, kerbing and multi-skilling development, while the rest of the staff received on-site training.

The challenges related to the aforementioned project include unforeseen additional work and costs as work progressed, a lack of co-operation by hawkers to remove their stalls in time (causing unnecessary delays), and poor performance as well as unrealistic demands by the employer (stifling progress).

9.4 The Community Health Worker Programme

The Greater Taung subdistrict comprises 84 villages, catered for by 22 clinics and 35 NGOs (Non-governmental Organisations). Based in Number 1 Village behind the Taung District Hospital, the Boineelo Home-based Care was established in November 2001. Currently it has approximately 74 beneficiaries who are chronically ill, suffering from ailments such as HIV and AIDS, mental disease, diabetes mellitus, hypertension, etc. In addition, orphans are catered for by linking them with Government departments such as Home Affairs and Social Development. The Department of Health trained 147 care-givers over a period of 59 days towards the end of 2004 and the beginning of 2005, and placed them at hospital and clinics for a period of 10 and 44 days, respectively, for practical training in care- giving, competency and health-related issues.

The challenges related to the aforementioned project include the unavailability of funding for 2005/06 due to the need to adjust the business plan according to available funding. Starting with garden activity on the land remains a problem, since consensus had not been reached with the owner of the land as to who would pay the electricity and water bills.

1. Agricultural issues

A number of matters were highlighted when consideration was given to issues affecting agriculture in the province. These include:

• The availability of water in the Crocodile-Marine Water Management Area should be addressed. The Department of Water Affairs and Forestry (DWAF) realises that the aforementioned water management area has been a stressed area in respect of the availability of water. • DWAF is of the opinion that no new allocations will be made from surface and dolomitic water resources in the aforementioned area. • DWAF has recently launched a Reconciliation and Modelling Study in the Crocodile River Catchment area to determine more accurately the availability of water in the area. • From 2003 to 2005, the availability of water at Government Water Schemes and Irrigation Board Schemes has generally been very good, despite water restrictions as a result of the severe drought conditions which prevailed in the country during this period. • DWAF is actively involved in pursuing activities related to the implementation of the National Water Act, Act 36 of 1998, particularly in identifying and addressing unlawful water use. • Institutional development will continue, and financial assistance to resource poor farmers is being implemented in the Crocodile-Marico Water management Area.

The following agricultural programmes had been put in place:

• The Post Settlement Farmer Support Programme, focusing on providing assistance and support to the land-reform beneficiaries so that they will become self-reliant and financially viable farmers. A total of R40 million for the 2005/06 financial year was set aside for planning support, production inputs, on and off-farm infrastructure and capacity- building. • The Comprehensive Agricultural Support Programme (CASP), focusing on assisting land-reform beneficiaries, amongst other things, with farm infrastructure, market access, extension services, research, and technology development. A total of R30 million was set aside for 2005/06 for this purpose.

• The Land Care Programme, focusing on promoting the sustainable use and management of natural resources, such as soil, water resources and veld. For this purpose, approximately R5 million has been budgeted for 2005/06. • The Integrated Food Security and Nutrition Programme, which endeavours to alleviate poverty and to ensure households’ food security amongst the destitute people in the North West Province. • The Communal Farmer Support Programme, focusing on providing assistance and support to all farmers on communal land. An amount of R10 million for the 2005/06 financial year was set aside to cater for this. • The Agricultural Development Intervention in Taung in the 2005/06 financial year is to focus on a Comprehensive Agricultural Support Programme, the Land Care Project and Post Settlement Projects.

10.1 Challenges in the agricultural sector

These include:

• Insufficient water supply in some areas for people and livestock. • Dams which have been built are running out of water. • Water tap installation inside yards. • Theft of diesel used for pumping water, and stock theft. • Lack of funding for pensioners who would like to venture into agriculture. • The vandalisation of stand pipes.

1. A focus on Child and Female-headed Households

This involves visits by the NCOP delegation to some identified households of underprivileged people in the area headed by children, females and aged persons, and forms part of the implementation of the undertakings made in the people’s Contract, with particular reference to halving poverty by 2014.

On 17 August 2005, four NCOP delegations, accompanied by Members of the Provincial Legislatures, Councillors, four social workers and four service- point managers, visited the following four service-point areas:

• Pampierstad. • Naledi. • Taung. • Mamusa.

For the sake of brevity, the findings, key issues and challenges highlighted by the various delegations are synopsised as follows:

• Unemployment. • Overcrowded living conditions. • Younger people heading households because parents passed away. • The inability to pay school fees. • Applications for grants are sometimes cumbersome. • Children not being able to attend school because they do not have birth certificates.

The aforementioned challenges resulted in a number of decisions or recommendations, synopsised as follows:

• The Child Justice Bill, Bill 49 of 2002, aimed at providing a comprehensive approach to dealing with children and assisting in replacing the current system of various different pieces of legislation, has to be finalised as a matter of priority. • The Department of Housing must ensure that children who are heading households are given priority with respect to employment in the EPWP projects. • The finalisation of the Child Care Grants and the Foster Care Grant with respect to families must be prioritised.

1. An Overview by the Leader of the NCOP Delegation and the Deputy Chairperson of Committees

The issues raised during the March 2003 visit to the North West Province necessitated the NCOP’s follow-up visit to the province. While progress was made in some areas, the following matters remain challenges:

• In terms of birth certificates, death certificates and ID documents, without birth certificates, children cannot attend schools, and without ID documents the aged cannot access old-age pension. • A growing number of people are recipients of grants, together with migration from neighbouring countries. The provincial department has, nonetheless, improved conditions at pay-out points by putting up tents and setting out tables and chairs. • High-school children could also benefit from the school-feeding schemes. Particularly the following challenges call for innovative solutions: HIV and AIDS, underdevelopment, child-headed households and the unsustainability of the parcel hand-out system. • The society should become aware of challenges which people with disability face. Over the longer term, the Department of Public Works should make all public buildings accessible to people with disabilities. • Poverty is an ongoing challenge. • The high level of teenage pregnancy in the province is a particular challenge. Children should be encouraged not to become involved in sexual activities, and the Moral Regeneration Programme should continue. • The conditions in schools pose particular problems, including inadequate sanitation, a lack of staff offices and the generally bad condition of buildings. The Department of Education had addressed the challenges that had been pointed out, but there are still challenges, also with regard to policy. These include the concern as to whether the department has sufficient resources to roll out the new curriculum in 2006. • A number of children still have to travel considerable distances to schools. • Challenges in the agricultural sector are ongoing, particularly the lack of water for irrigation.

1. An Overview of challenges currently facing the North West Province

The following concerns, challenges, responses, recommendations and undertakings are the most prominent ones emanating from the follow-up visit to the North West Province, listed sector by sector.[3]

13.1 Local Governance

Challenges

• There is currently no legislation on the Statute Book which enforces municipalities to establish disability units. • The establishment of a holistic capacity-building process remains a problem. • Institutional capacity-building is problematic since individuals are not empowered to mainstream disability issues in their planning.

Recommendations

• Legislation should be put in place to force municipalities to establish disability desks. • Capacity should be built at municipal and district levels to ensure the pertinence of disability issues. • Partnerships should be forged with the private sector, civil society and Government to ensure a holistic approach by these organs. • Synergy should be developed across all spheres of Government to ensure a co-ordinated approach to disability issues. • The rate of implementation should be expedited. • Institutions should be established to take disability issues forward. • The establishment of specialised units in municipalities to advise departments on how to include disability issues in their planning. • The work on making public buildings accessible should be fast-tracked. • All Government departments should have plans in place in dealing with service delivery to the disabled.

Challenges

• The establishment of ward committees to allow communities to participate is a priority. • Municipalities were requested to submit six-monthly progress reports on the functionality of ward committees, including information on the number of ward committees established, the names of sectors represented and gender representation. • Ward committees face financial constraints. • Some municipalities do not succeed in identifying officials to assist or deal with ward committees. • Record-keeping at municipal level is of a poor quality. • Some ward committees do not have suitable venues to hold meetings.

Recommendations

• Municipalities should grant each ward committee member R300-00 for travelling and other expenses. • Each ward should have a central point to meet and to keep records. • In the event of housing developments, one house should be built to serve as an office for ward committees. • Transport should be provided in sparsely occupied districts. • Basic infrastructure should be created for ward committees. • Municipality programmes should include one ward committee meeting per month and a public meeting every three months. • The department and SALGA (The South African Local Government Association) should assist municipalities where ward committees do not function effectively. • Work sessions should be held with officials to ensure the functioning of ward committees and citizen participation.

13.2 Economic Development

Challenges

• It is important to assess what skills women have, whether they only have reading and writing skills and whether they have other marketable skills. • Are quotas in place to force mining companies to ensure that they employ women? • In the context of HIV and AIDS, many men work in mines and visit their families once a year. Are they the carriers of this disease? • How do women obtain information about where to apply for business finance and assistance? • Very few municipalities have appointed gender focal points (GFPs) and the requisite staff.

Responses

• The issue of HIV and AIDS is a political one and should be left to the politicians. • In 2003, the North West Office on the Status of Women (OSW) conducted research based on the number of women enrolled at primary, secondary and tertiary/diploma levels (during the period 2001 to 2004). The findings were that there were more women at schools and that women not only study nursing but also engineering. • There is currently no mechanism in place to force the private sector to fill the quota of 10% women. • Out of the five district municipalities only the Bophirithina Municipality has employed a special programme person to implement the gender desk. The Central Municipality, Southern and Bojanala Municipalities have included gender desks in their budget, but have not yet implemented such desks.

13.3 Education

Challenges

• Schools are inadequately electrified. • Classrooms are dilapidated. • There is a shortage of suitably qualified mathematics and science educators. • Learners at middle school are not well prepared to progress to high school, resulting in poor performance in high schools. • The environment at schools is not conducive to teaching, resulting in low morale among educators. • Abuse of alcohol by some learners and lack of transport to some learners. • Non-payment of school fees by learners’ parents. • Social problems impacting on the performance of learners. • Inadequate fencing provided at some schools. • A lack of laboratory facilities, libraries and administration buildings. • The matric pass rate decreased from 58,7% in 2002 to 42,9% in 2004. • Teenage pregnancies at schools are a matter of concern. • Parents do not involve themselves in school activities. • A low percentage of learners whose families cannot afford to pay school fees, but only a few of them have applied for exemption. • Discipline remains a problem. • Drug abuse, particularly dagga, remains a problem. • Some learners have to walk up to 15 km per day to and from school. • Since some schools are situated outside villages, they become vulnerable to burglary and vandalism. • Insufficient equipment, such as computers, printers and fax machines. • Learners have not been able to use the flush toilets; these are only used by educators since there are frequent blockages and other problems. • There are no sports facilities. • The Department of Public Works cannot be relied upon to do maintenance. • The Department of Education pays the hostel fees but not the class fees of farm children. • Teachers teach English and Afrikaans in one class and need to deal with standard and high grades in the same period.

Responses, recommendations and undertakings

• The drop in the matric pass rate in 2004 can partly be attributed to the fact that at a particular school in the province, in the same year, seven educators had to be transferred from the school, which required learners to adjust to many changes. This impacted on their performance. • Due to the low morale of learners, they are not committed to success, and although educators provide their services over weekends and during school holidays, learners do not attend extra classes, which causes frustration among educators. • There was an appeal for the learners to be provided with bicycles to enable them to travel to school because of the long distances. • Educators were encouraged to visit the constituency offices in their neighbourhoods to raise their concerns with the public representatives and to receive information. • Due to the delay in the processing of foster care grants, a recommendation would be made to the Department of Justice to set aside a special day on a frequent basis to deal with this backlog. • The department has not yet trained maths literacy educators, but 22 educators are to participate in a programme over three years. • The department does not have norms or standards to deal with the merging of schools. • Schools could negotiate with businesses to invest in them.

13.4 Municipalities (Project Consolidate)

Challenges

• Access to land for development purposes is of paramount importance. • Since 90% of the land in Greater Taung falls under tribal authorities, negotiations to obtain land from traditional leaders result in lengthy processes. • The fundamental benefits of basic water supply, sanitation, electricity and housing should be extended to all people. • The lack of basic household services remains an obstacle to achieving sustainable development. • Some municipalities cannot raise sufficient revenue to function properly. • Debt collection is one of the critical challenges facing some municipalities. • Transparency and accountability in housing provision. • Retaining professionals with senior management, technical, ICT and financial management skills. • Lack of capacity of the housing staff in key areas. • Lack of co-ordination and communication between the municipalities and departments. • Obsolete plant, machinery and equipment. • The removal of housing from the list of responsibilities of the municipality because of the lack of delivery. • Transformation in the business sector and economic participation by the previously disadvantaged sectors of society. • An escalation in informal settlements. • Unemployment, despite attempts to address the problem. • The poor quality of RDP-built houses.

Responses:

• No further work was done on houses where inferior material was used, and the municipality refused to pay the contractors. • An agreement was entered into with Eskom to provide electricity in certain areas that are currently not covered. • Due to vandalisation of the sport stadium, this facility could not be handed over to the community. • Employment opportunities created were temporary, and they were only created as the need arose. • The municipality require staff to deliver services effectively.

1. The Expanded Public Works Projects (EPWPs)

Challenges

• One of the four components of the EPWP – skills training and transfer – has not been implemented. • Health and safety standard requirements are not complied with and/or enforced. • The reason for the aforementioned is lack of funding. • The remuneration of R40-00 is questioned. • In some instances, hawkers did not co-operate by not moving their stalls in time, which caused unnecessary delays in the paving project. • Funding for the Community Health Worker programmes has not been made available for 2005/06.

Responses

• The availability of water needs in the Crocodile/Marino Water Management Area has to be addressed, although DWAF accedes to the fact that this area has been a stressed area in respect of the availability of water. • DWAF recently launched a Reconciliation and Modelling Study in the Crocodile River Catchment. • Financial assistance to resource poor farmers is in the process of implementation.

1. Female and Child-headed Households

As indicated, the NCOP delegation visited 15 families in four service-point areas.

Challenges

• Unemployment. • Overcrowded living conditions. • Dependence on hand-outs from friends and neighbours. • Insufficient funds to pay school fees. • In the event of food parcels being distributed, delivery is dependent on the availability of food parcels. • No identity documents. • In the event of food parcels being distributed, delivery is dependent on the availability of food parcels. • No identity documents.

Responses

• The department embarked on the following initiatives: funded poverty alleviations projects, home-care based centres are funded at 6 villages, a Food Security Programme (the ICDSG), and the development and/or establishment of centres that will provide secure places for orphaned children. • Some school principals were to be contacted to arrange for exemption from school fees. • Learnership programmes and projects should provide assistance to the indigent. • Applications for grants for babies. • Some children from indigent households should receive guidance and counselling, where possible. • School feeding schemes could assist in alleviating some of the problems. • The Department of Housing must ensure that housing delivery prioritises child-headed households. • The Department of Public Works must ensure that children who are heading households are given priority with respect to employment in the EPWP projects.

1. An Overview of the Response of the Leader of the NCOP Delegation

• Birth certificates, identity documents and death certificates are essential in order to admit children to schools and to provide assistance in terms of grants. • An increasing number of people receive grants, partly due to migration from neighbouring countries. • Apart from the school-feeding system, a direct focus must be placed on HIV and AIDS, underdevelopment, child-headed households and the sustainability of food parcel hand-outs. • Society should be sensitised to the needs of the disabled. • Poverty remains a challenge. • The incidence of teenage pregnancy remains a problem; for this reason the Moral Regeneration Programme should be proceeded with. • The general condition of schools remains a challenge, apart from proper sanitation, policy matters and the rolling out of the new curriculum in 2006. • Some children still travel considerable distances to and from schools. • Insufficient water provision for irrigation purposes remains a challenge.

1. An Overview of the Response of the Premier of the North West Province

• Delivery in respect of the improvement of the lives of people (including children) with disability must be fast-tracked. • The North West Province will continue to work closely with the national department in terms of the ongoing problems in respect of access to birth certificates, death certificates and identity documents. • The North West Province voiced its appreciation for the assistance rendered by over 4 000 volunteers from the community regarding social development. • The North West Province will co-operate closely with Government and traditional leaders to ensure that the challenge of illiteracy is addressed. • The North West Province identified the Bophirima district for the provision of sanitation in schools. • Due to budget constraints, the maintenance of school buildings is part of a longer-term programme. • Unfortunately the North West Government had to arrest people who took some of the equipment for themselves. Nonetheless, delivery in this regard will proceed. • A lack of discipline in schools requires everyone’s attention. • The North West Province will attempt to remedy the lack of implementation of the indigent policies in communities. • The North West Government recognises that it has to proceed with implementation of its Comprehensive Agriculture Programme. • In the previous year, more than 16 000 employment opportunities were created in terms of the EPW Programme. • The North West Province acknowledges that 13 municipalities have no capacity. These municipalities are assisted in terms of Project Consolidate, and some progress is already noted. • The North West Government is giving attention to the issue of Integrated Development Plans (IDPs), the need to budget for those and the functionality of the ward system. It is a matter of concern that ward councillors do not always inform communities about the projects that are funded, and the North West Government has directed departments to find remedies for this breakdown in communication.

1. The Chairperson

                          LIMPOPO REPORT
   
   
   
      “PEOPLE’S PARLIAMENT AT WORK TOGETHER WITH OUR PEOPLE”
   

Acknowledgements

The delegation from the National Council of Provinces (NCOP), Parliament of the Republic of South Africa, would like to extend their appreciation to:

• The people of Limpopo Province, specifically to people from the Tzaneen areas. • Traditional leaders and Religious leaders. • Ministers, Mayors, Premiers, Ward Councillors, Members of the Executive Committees (MECs) and the National and Provincial Departmental officials. • The South African Police Services (SAPS). • All Traffic Departments that provided excellent security services.

The 2005 Taking Parliament to the People programme was a success due to this assistance. The generosity of spirit, warmth, and security provided the delegation with the capacity to undertake this crucial component of their oversight work.

1. INTRODUCTION

Three years ago, the National Council of Provinces (NCOP) adopted a programme of Taking Parliament to the People with the aim of promoting public participation in parliamentary affairs and to assist the NCOP in carrying out its oversight function. In order to facilitate this process the NCOP has undertaken to visit two provinces each year. The Programme is aimed at strengthening Parliament’s commitment to a people-centred Parliament that is responsive to the needs of the electorate in order to realise a better life for all the people of South Africa. By visiting these rural communities, the NCOP gives a voice to those who would not necessarily have the opportunity to address or discuss (in their home language) issues with their representatives. Taking Parliament to the People began with a visit to Umtata in the Eastern Cape Province in 2002, and was followed by Taung in the North West Province in 2003. Earlier this year, the NCOP sat in KwaMhlanga in Mpumalanga Province, and recently, the NCOP had sat in Tzaneen, in the Limpopo Province.

The NCOP had a sitting in Tzaneen from 31 October to 4 November 2005. People gave their inputs on a wide range of topics, raising important issues of concern in areas such as social security, the provision of basic services, poverty alleviation and gender equality. In addition to Members of the NCOP, the Premier of the Province, provincial and municipal Speakers, Managers of government Departments, Mayors, and Councillors, as well as other relevant stakeholders participated in the sitting. Special meetings with farmers, youth, people with disabilities and women highlighted some of the challenges facing government in the delivery of services in their areas of concern. As part of the programme, special delegations comprising Members of the NCOP carried out visits to health centres, farms, schools and projects falling under the EWP, with the aim of ascertaining the situation on the ground.

1. AREAS OF FOCUS

The Limpopo Taking Parliament to the People programme was underpinned by a strong human rights and service delivery framework, aimed at creating a platform for people to engage government and Parliament on various issues of concern. The following themes underpinned the formal inputs/submissions and site visits:

• The creation of a people-centred Parliament through the Taking Parliament to the People programme. • The state of municipalities in Limpopo and challenges regarding capacity and delivery: Meeting with Councillors on local government matters. • Poverty Alleviation and Educational and Social Needs: public hearing on social security. • Agricultural as a Tool for Poverty Alleviation and Job Creation: Meeting with Farmers. • Structures put in place to address the challenges faced by children, the youth and people with disabilities: Meeting with youth and people with disabilities. • Structures and institutions set up by government in the past ten years of democracy towards the advancement of women: Meeting with women. • The provision of water as a basic human right: successes and challenges facing the government. • The impact of Expanded Public Works programmes and other programmes directed to the creation of jobs. The sections that follow provide input from formal meetings and site visits that broadly and specifically impact on the Limpopo Province.

1. OVERVIEW OF THEMES UNDERPINNING THE PROGRAMME

2.1. Theme 1: People’s Parliament at work with our People

2.1.1. Opening Presentation by Executive Mayor of Mopani District Municipality, the Hon MH Mokgobi

In his opening address, the Executive Mayor expressed, on behalf of the people of the Mopani District Municipality, a great sense of appreciation and honour that the NCOP decided to gather and hold its Taking Parliament to the People in Tzaneen. The Executive Mayor wished that the NCOP would, during its interaction with the people, gain a deeper understanding of the issues confronting the area and the rest of the province. The NCOP, through its oversight role, will help to highlight and overcome the constraints faced by local municipalities. The gathering gives the NCOP and the local sphere of government the opportunity to enhance the spirit of co-operative governance. Furthermore, the NCOP will be able to assess the impact that the legislation it had passed has had on the development and empowerment of people and their communities. The biggest challenge for municipalities is providing adequate basic services to communities and meeting expectations and targets such as providing clean water to all the people by the year

1. The Executive Mayor appealed to all participants to give the NCOP support and use the opportunity to engage and raise issues of concern with the delegation.

2.1.2. Presentation by the Chairperson of the House of Traditional Leaders in Limpopo, the Hon Hosi M Ntwanwisi

The Hon Hosi M Ntwanwisi noted that while there has been significant improvement in many areas of governance since the 1994 democratic elections, there is a need to rethink the meaning of freedom, so that it encompasses the responsibilities and obligations that go with that particular freedom. The traditional leadership asked the NCOP representatives to engage their constituencies, in their respective provinces, on issues of common concern. The objective of such meetings should be to forge strong bonds and relationships between the NCOP and the Houses of Traditional leadership in order to achieve the goal of a people’s parliament.

One of the challenges, noted by Hosi Ntwanwisi, is to push back the frontiers of poverty. In order to achieve this objective, the local government sphere needs to strengthen the involvement and participation of the people. This would assist in developing a sense of ownership and commitment by communities of projects and programmes aimed at raising the standard of living of poor people in the society. The Hosi noted that to achieve these objectives, municipalities should submit regular reports to the NCOP, to enable it to evaluate and make judgement on whether satisfactory progress was being made in achieving objectives set out by government. One of such area of concern, as highlighted, is lack of infrastructure to support education. In Mopani, there are still classrooms without roofs. Many children do not go to school and some drop out early. It is the obligation of all leaders to ensure that children go to school. It is through education that children will be able to take part in the task of nation building.

2.1.3. Address by the Premier of Limpopo, the Hon Mr S Moloto

The Premier of the Province, Mr S Moloto, pointed out that the sitting of the NCOP in the province provides a rare opportunity to share best practices and insights on service delivery and intergovernmental practices. He indicated that the biggest enemies of the people are poverty and unemployment. These challenges are compounded by lack of basic infrastructure and services such as roads, electricity and water. It is a fact that poverty has a race, age, geographic and gender dimension. Poverty and unemployment are found mostly among Africans who live in rural areas, and among women and the youth. This also includes farm workers, who continue to be subjected to evictions and harsh treatment, despite the laws that protect them.

One of the top priorities of government is to protect the most vulnerable in society. These include, women, children, the elderly and the disabled. The Limpopo government has created offices in the Premier’s Offices and the national government has also created offices in the Presidency to look after the interests and concerns of these vulnerable groups. The government spends close to 90% of the Social Development Budget on social security in the form of old age pensions, disability and support grants, and social relief interventions. The government has improved access to the social grants and has been successful in its indemnification campaign to weed out ghost pensioners.

The Premier acknowledged that land reform is one of the challenges facing the Provincial government, where approximately 80% of the productive land is under claim. The Provincial government is concerned about the slow pace in the resolution of claims. The health care system is improving. There are a number of factors that hamper speedy progress towards a sustainable health care system. The health of our people is affected by factors such as proper housing, sanitation and access to safe drinking water, and an effective and efficient public transport system. There is a need for a closer working relationship between water authorities, local municipalities and the Department of Health. HIV and AIDS infections continue to be cause for great concern. The Premier noted that while the scientific community search for a cure, government must insist that people should exercise abstinence, be faithful and use condoms. He recommended that government should also increase the number of accredited sites for the rollout of comprehensive management and treatment plan of HIV/AIDS.

Limpopo is currently facing a drought that is ravaging the province. The Limpopo government has urged the national government to declare parts of the province disaster areas. Preparations are at an advanced stage to make a formal request for assistance to deal with the drought. The government has provided water to more than 1.3 million people. He noted that this is good achievement, however, millions continue to be without water. There is need to invest in water harvesting technologies. However, the Water Act and the Water Services Act pose a challenge in that they require government to build the capacity of municipalities to deliver water. Inability to find solutions to these problems will undermine the achievements of the last eleven years of our democracy.

The implementation of Project Consolidate is one of the priorities of the province. The government is committed to giving precise and decisive support to municipalities. The recently held budget Lekgotla decided on three areas for intervention. R100 million would be allocated for drought relief and water provision. Another R100 million would be allocated for electricity. Road and infrastructure would also be allocated R100 million. The Premier concluded with a quote from the late, Honourable President of the ANC, Mr Oliver R Tambo, “We have it within our power, working together as fellow South Africans, to transform this land into a land of plenty for all”.

2.1.4. Closing remarks by the Chairperson of the NCOP, the Hon J Mahlangu

The Chairperson of the NCOP, the Hon Mr J Mahlangu, dealt with the role of the NCOP. He indicated that many people do not understand that the NCOP is the National Council of Provinces and that it was designed to fit into the constitutional framework of the country and to address the needs of the people on the ground. The NCOP is obliged by the Constitution in Section 42(4) to represent the provinces to ensure that provincial interests are taken into account in the national sphere of government mainly by participating in the national Parliament and on issues affecting the provinces.

Parliament has adopted a number of programmes to ensure that the people are involved in influencing its decision making process. He said it is very important to interact with the people.

The majority of the citizenry cannot travel to Cape Town and take part in the decision making processes of the Parliament. The NCOP has decided to create a opportunities and platforms for the poor and the illiterate to interact with their elected representatives.

The purpose of Taking Parliament to the People is to ensure that communities are aware of participatory democracy, are educated about how Parliament and government functions. It is also to create an opportunity for government to report progress with respect to its mandate. 2.1.5. Visits to Health Centres

A number of delegations of the NCOP visited clinics or health centres to observe the delivery of health services in the Tzaneen area. The three clinics or health centres visited were the Grace Mugodeni Health Centre, the Mokgapeng Clinic and Nkowankowa Health Centre.

2.1.5.1. The Grace Mugodeni Health Centre

The Health Centre was established in 1990 as a clinic with a staff component of four professional nurses. The number has increased to ten professional nurses. It provides a twenty-four hour service to a community of 36 000 people.

It renders chronic and geriatric services, mental health, mother and child services, minor ailments, growth and nutrition monitoring. It performs voluntary counselling and testing, pmtc, health promotion and youth services.

The government departments have provided significant support to the Centre. The SAPS has a satellite police station at the Centre to ensure security of staff, patients and premises.

The Centre faces a number of challenges, including the following:

• High staff turnover
• Lack of transport of urgent transfers to neighbouring hospitals
• Insufficient provision of water to the centre
• Lack of resources such as telephone and faxes
• Lack of security fence around the health centre
• Dilapidated infrastructure, and
• Insufficient office space

2.1.5.2. The Mokgapeng Clinic

The Clinic was established in 1997. It has a staff component of five professional nurses, two enrolled nurses, one social worker and three general assistants. It provides services to a population of about 15 000 people. It renders a 24-hour service using a call system.

It renders chronic and geriatric, mental health, mother and child service, minor ailments, growth and nutrition monitoring, vct, and pmtc, rehabilitation, health, promotion, youth and cancer screening services.

The Clinic has a wellness awareness programme, which has a co-ordinator, with three staff members responsible for home visits and referral of patients to the hospital.

The Clinic has observed that patients with HIV and AIDS do not make full use of the wellness programme due to denial of their HIV status.

Patients who are on TB treatment do not comply with the treatment obligations. The home-based care givers are concerned that the community does not assist them to monitor patients to ensure that they take their medication regularly.

The clinic faces a number of challenges, including the following: • Insufficient water supply • The problem of understaffing • There is no medical doctor assigned to the clinic • Lack of transport for urgent transfer of patients to hospitals • Lack of a proper waste system disposal

2.1.5.3. The Nkowankowa Health Centre

The Health Centre provides health services to about 5 villages. It has one local area supervisor, 16 professional nurses, 10 enrolled nurses, 3 administrative clerks and 10 general workers.

The services it renders include chronic and geriatric, mental health, mother and child services, growth and nutrition monitoring, voluntary counselling treatment and prevention of mother to child transmission.

The Centre has formed strategic partnerships with the Headman, Councillors, members of the community, traditional healers, Departments of Home Affairs, Education, Social Development, Agriculture and Public Works.

The Centre has registered the following successes:

• Specific outreach for youth on matters of sexuality
• Suggestion box
• Family medicine programme
• Immunisation has reached 93%
• The centre is run successfully on a 24 hour basis

It faces the following challenges:

• Insufficient water
• In-transit theft of ordered medication
• Unavailability of a social worker
• overcrowding.

2.2. Theme 2: The State of Municipalities in Limpopo and Challenges Regarding Capacity and Delivery: Meeting with Councillors on Local Government Issues

2.2.1. Address by the Deputy Minister of Provincial and Local Government, the Hon Ms N E Hangana

The Deputy Minister indicated that the Project Consolidate programme is playing a significant role in highlighting some of the challenges faced by rural municipalities. Through the Project Consolidate process 136 municipalities in need of support have been identified. The knowledge that government is gathering through the process will be put into use at provincial and national level to provide better support for rural municipalities, and will also be used to make informed decisions on how to improve the lives of the poor and to give guidance to municipalities.

Limpopo is one of the poorest provinces. In Sekhukhune, the unemployment rate is at 69% and in the Capricorn region it is at 41%. These figures are of great concern since it is more than the national unemployment number and needs serious attention. High rates of unemployment places a further burden on the Department as more and more people become part of the indigent. This limits a municipality to effectively collect revenue. National government is concerned that people will be trapped in the cycle of poverty and will be unable to live dignified lives. Budgets are diverted away from capital projects to cater for more social spending and lead to lack of infrastructural investments in areas.

The Deputy Minister noted that there is need for a cohesive approach by all three spheres of government to direct its strategies to a common goal. A blueprint was created consisting of the National Spatial Development Framework, the Provincial Growth and Development Plan, the Integrated Development Plan and the Local Economic Development (LED) Strategy. Only Sekhukhune District Municipality has adopted a Local Economic Development Strategy. Bohlabla’s LED is under construction and Capricorn has a draft LED strategy. These raise serious concerns as unemployment is high and yet the municipalities are unable to finalise their LED strategies. The LED strategies should be used to promote the economic development of a region and creating job opportunities for communities. It seems like municipalities that are unable to complete the development phase will face even more serious concerns when it comes to implementing these plans. Questions that need to be raised include: whether the drafting of the strategies are too complex; are there too many requirements that municipalities need to comply with? If this is the case then national government should assist municipalities and release them to focus on service delivery.

Sanitation, water and electricity seem to be the biggest challenges in the region. The Ministry is concerned with the reasons provided by municipalities on their inability to deliver services. Reasons provided include: the finalisation of Section 78 (Which Act?), which stifles water provision and sanitation. Sekhukhune are awaiting council approval on the recommendations for water provision. Capricorn Water Services Authority gained status to provide water but the District Municipality were unable to adhere to all the provisions of the Act. Councils need to accelerate the pace of decision-making and need to approve or disapprove recommendations made to them more swiftly. Policies should not remain in draft form as it paralyses the municipalities ability to deliver services.

Many municipalities cite the lack of skilled staff as contributing to the inability to deliver services. Municipalities point a lack of technical skills in project management, engineering and supervisory disciplines as the main problems they face. Rural municipalities are not able to retain staff from moving to bigger cities. More and more communities take to the street to voice their dissatisfaction with non-delivery of services. It seems like communication is problematic, as communities are not informed on the plans of municipalities. The issues that municipalities must confront include whether communities are part of the Independent Development Plans process; are IGR Forums creating interaction with communities; are Community Development Workers and Ward Committees functioning? These structures should be used to communicate with communities and should work in conjunction with and not against municipalities.

The Deputy Minister indicated that there is enough information to indicate the backlogs and the challenges of municipalities, but decisive steps need to be taken by municipalities to speed-up the service delivery process. Municipalities should build their institutional capacity and get communities involved in the decision-making process. National government is aware of the challenges and continuously revisits its organisational capability. Municipalities should follow this example and ensure that we create a better life for all in this country.

The Deputy Minister noted that 136 municipalities are currently being assisted through Project Consolidate to improve service delivery. She stated lack of communication as one of the disadvantages affecting the effectiveness of community participation. Ward committees should interact with communities and refer concerns to the Speaker. Ward committee meetings are not taking place, because of the vast areas to be covered. Municipalities are obliged by the Constitution to budget for this process.

2.2.2. Address by the Chairperson of the National Council of Provinces, the Hon MJ Mahlangu

The Chairperson indicated that the visit to the Limpopo Province is a Constitutional requirement in terms of Section 152 (1), which states the following functions for local government:

a) to provide democratic and accountable government for local communities; b) to ensure the provision of services to communities in a sustainable manner; c) to promote a social and economic development; d) to promote a safe and healthy environment; and e) to encourage the involvement of communities and community organisations in the matters of local government.

The Hon Mr Mahlangu indicated that municipalities need to deliver efficient and effective services to poor households. The indigent should be able to get free basic services delivered to them efficiently and in a good quality. A few positive highlights include: that the NCOP visited North- West and KwaZulu-Natal and people were complaining that they did not see their councillors and meetings were not happening. Two months ago, the NCOP visited the areas again, and was informed that councillors are now more visible and meetings are happening. The community is happy with this because they are now part of the decision-making structures. It is only through people working with communities and where citizen participation occurs that people understand and appreciate the challenges confronted by municipalities. In some provinces the ward system is still not working and this creates problems and need serious interventions.

He noted that some municipalities spend most of their budget on salaries and not on developmental programmes. This is in conflict with the developmental nature of local government. There are municipalities that are not able to generate any income and are totally reliant on the equitable share allocation. These municipalities are mostly situated in poor rural areas where unemployment is rife. A number of municipalities are not able to attract skilled and experienced staff especially technical and financial staff. These municipalities are unable to submit financial reports and build infrastructure. The high rate of irregular behaviour by public officials is a point of concern. People that are involved in theft, fraud and corruption should be dealt with seriously. They need to be exposed and acted on. Failure to do this will result in people’s basic rights being denied and the vicious cycle of poverty repeating itself. People should, however, guard against labelling people as corrupt without any evidence.

The Hon Mr Mahlangu pointed out that the National Government passed the following laws:

• Municipal Systems Act
• Municipal Structures Act
• Traditional Leadership and Governance Framework Act
• Municipal Finance Management Act
• Intergovernmental Relations Framework Act

The challenge now is to assess whether these laws assist municipalities or hamper their ability to deliver services. Municipalities raised the fact that the Municipal Finance Management Act poses a number of challenges. The reason for this is that they do not possess sufficiently skilled staff to deal with it.

2.2.3. Identified Challenges

• Under/over-spending: There is a need to develop revenue bases  and  to
  ensure that revenue sources are neither over nor under-utilised.
• Appropriate Service Levels: Municipalities  should  need  to  identify
  appropriate service levels (as these choices have long-term  financial
  implications).
• Coherent Financial systems: In terms of equitable share,  there  is  a
  need to collect data on estimated costs of municipal service  delivery
  and the development of a reliable revenue-raising capacity measure.
• Capacity Framework: There is  a  need  to  develop  a  framework  that
  recognises   the   different   circumstances   and    capacities    of
  municipalities.
• Public Participation: The participation of people in poor  communities
  is undermined by lack of funds for the operation of  ward  committees.
  This challenge has impacted on the accountability of ward  councillors
  to their constituency. People should be educated  about  their  rights
  with regard to partaking in the local government process.
• Provision of free basic services:  In most rural  areas,  there  is  a
  poor delivery mechanism of free basic services. As a result, the  Free
  Basic Services policy is not being implemented at  the  desired  level
  nor reaching the intended beneficiaries. This problem is compounded by
  the fact that most municipalities have limited funding  to  fund  free
  basic services programmes.  .

Lastly, it was indicated that the biggest challenge to local government is to use the NCOP to assist and develop frameworks where people can co- operate meaningfully. Local government should engage fully with NCOP to address challenges and carve a way forward. It is in every ones best interest that these processes happen to ensure that the lives of people are changed.

2.2.4. The Community Identified these Challenges

• The impact of drought: The persistent drought in most  parts  of  the
  Limpopo Province is crippling  agricultural  activities  and  putting
  pressure on scarce water sources.  Most  dams  are  in  their  lowest
  levels in years and municipalities are struggling  to  provide  water
  services to communities due to severe lack of water.
• Lack of water services: Countless issues were raised from  the  floor
  on the lack of water  services  in  most  rural  communities  in  the
  province.  It was noted that people often travel  long  distances  to
  fetch water from water points. This situation has resulted in  people
  in some other areas utilising water from polluted rivers,  increasing
  their  vulnerability  to  typhoid,  cholera  and  other   water-borne
  diseases.
• Lack of sanitation services: While most community  members  recognise
  the efforts that local government is making on housing issues, it was
  noted that issues  around  sanitation  are  sometimes  neglected.   A
  suggestion was made that the sanitation programme be integrated  with
  the RDP housing programme  as  a  way  of  addressing  the  blockages
  regarding  the  provisioning  of  sanitation   services   to   poorer
  communities.
• Sub-Standard Housing: RDP houses in some areas have been  built  with
  inferior material such as ‘sponge bricks’ which absorb water when  it
  rains[4]. Community members indicated  that  these  RDP  houses  have
  become a liability and a threat to their health and lives rather than
  developmental assets.
•  Poor  Infrastructure:  It  was  noted  that  some  communities   are
  struggling  with  regard  to  access  to  public  transport  due   to
  inadequacy infrastructure. People travel long  distances  to  schools
  and bus stations, and thus increase their vulnerability to crime.  It
  was recommended that government ensure  that  poor  communities  have
  access to quality  infrastructure,  especially  roads,  as  this  has
  direct impact on the sustainability of their livelihood.
•  Letaba  Fire  Protection  Association:  The  Letaba  Fire  Protection
  Association submitted a business  plan  for  approval  to  the  Mopani
  District Municipality, and for the last three months the  municipality
  has not responded. The Association wanted to know about  the  progress
  on the submitted business plan.
• Unfinished RDP Houses:   In  some  areas  under  the  Greater  Tzaneen
  Municipality RDP houses were left unfinished due to lack of funds  and
  other problems. It was indicated that there is a lack of monitoring by
  the municipality on companies contracted to build RDP houses.
• Electricity Services in Petanenge: Ten years after the electrification
  of  adjacent  villages[5],  Petanenge   village   is   still   without
  electricity.   As  a  result,  community  members  feel  isolated  and
  rejected by the Greater Tzaneen Municipality. It was asked  about  the
  progress that is being made to ensure that the community  have  access
  to electricity.
• Sub-standard tarred road: The issue of a sub-standard tarred  road  in
  the Xihoko area  was  raised.  It  was  indicated  that  although  the
  construction of the road is complete, motorists do not  use  the  road
  due to the melting of the tar, since no concrete stones were  used  in
  the construction.

2.2.5. The Response of Government

• The province has a plan to finish the incomplete houses and will
  address the issue of the poor quality of bricks and other building
  material
• Learnerships and internships are there to address the issue of people
  not having qualifications. It is a universal issue that jobseekers
  should have experience and a degree for certain jobs. The NCOP should
  address the issue of the youth having degrees but no experience
• The business plan for the Letaba Fire Protection service will be
  followed up
• The province will make allocations to municipalities to build houses
  but it may not be enough to address the need for houses. Insufficient
  funds cause some of the delays in building more houses. Nepotism that
  occurs when making housing allocations will be addressed by the
  province
• Communities should have meetings to discuss and monitor projects
  happening in their areas.
• A problem occurred where tenders were given for contractors to supply
  water and then it was not provided. This issue is currently being
  addressed
• About 70% of the villages in Greater Tzaneen have been supplied with
  electricity. The community was informed that the electrification would
  happen from a certain point and move onwards from there. Problems
  arose where Eskom started installation contrary to the agreements that
  were reached. The issue will be addressed with Eskom
• The money that has been set aside by the Premier is for the whole
  region and not for a specific region. This will assist in addressing
  some of the challenges that exist
• The quality of roads are bad and the issue will be addressed with the
  engineers are they should inspect the quality and report to the
  municipalities
• The issue of remunerating ward committees is currently being discussed
  in Parliament. In the North West Province the council pay for out of
  pocket expenses of the ward committees. Government need a unified
  approach to deal with this issue
• The allowances for councillors from the rural areas are less than that
  received by the councillors from urban areas. The discussion in
  National Government is to ensure that councillors are not left out of
  pocket for rendering a service to the community
• Demarcation is a work in process. Communities should be consulted on
  the boundary changes affecting them. Provincial boundaries are the
  responsibility of the provinces concerned. Public hearings will be
  held in provinces for people to make submissions on boundaries in the
  affected areas.

2.3. Theme 3: Poverty Alleviation, Educational and Social Needs Public Hearings on Social Security

2.3.1. Presentation by the Minister of Home Affairs, Hon. N Mapisa-Nqakula

Minister Mapisa-Nqakula stated that to access the different services, people need Identity Documents (IDs) and therefore the Department of Home Affairs plays a vital role in poverty alleviation. She further noted that there is an obligation on the State not to deprive people of these services and much has been done by the Department of Home Affairs to ensure access to these services.

The Minister stated that IDs and birth certificates play a key role to obtain e.g. grants (Child Support grants, Foster Care Grants etc). She stated that at times the mothers of these children do not themselves have IDs and this is a challenge for the Department.

The Lokisha Ditokomane campaign has been launched to rectify mistakes in Identity Documents and these changes are made free of charge and to give parents, who are not registered, an opportunity to do so. This campaign has been extended to the end of December 2005 and it will be reviewed if necessary. The Minister also encouraged older persons to come forward to rectify mistakes in their IDs.

Achievements of the Department include: online birth registration at hospitals and extended hours of operation to 18:00 during weekdays.

The Minister’s Response to Questions

The Minister stated that with the programme of Lokisha Ditokomane, parents may go to Home Affairs offices to rectify any changes/corrections that need to be made with regard to Identity Documents, free of charge.

The Minister further noted that there is no need for people to wake up early in the morning and stand in long queues, the reason being that there are multi-purpose centres, mobile units that are being utilized in the province.

2.3.2. Presentation by Deputy Minister of Education, the Hon Mr E Surty

The Deputy Minister stated that when there is talk about educational services provided for by the State, there is need to do so in the context of the challenges facing the nation. A major challenge is to create a functionally literate and numerate society possessing the necessary skills that are required to stimulate and sustain a high level of economic growth so as to deepen our social transformation. The Deputy Minister further noted that the Department of Education will focus during the coming years, on reducing the cost of education to the poor to enhance their access, whether it is in relation to early childhood development, general education, further education and training or tertiary education.

Parliament recently passed the Education Laws Amendment Bill, which for the first time in this country’s history creates a no school fee system. The effect of this legislation is that poor parents, who want to give their children a good education but struggle to afford the expenses, will now be able to do so.

According to the draft amended National Norms and Standards for School Funding, the schools in a province must still be ranked from the poorest to the least poor school. However, only one criterion will be used and it is the poverty of the community around the school.

ECD services are divided into two main programmes: One programme deals with the expansion of Grade R as part of the Foundation Phase and the other deals with the development and coordination of the integrated service delivery for children below the Grade R age group.

One of the activities that the Department has been engaged in, with all the provinces, is the upgrading of the qualifications and has started with ECD level 4 qualification. A total number of 665 of the practitioners that have received the level 4 qualification are from Limpopo.

The Deputy Minister stated that it is essential for the State to provide services that also enhances the nutritional status of learners. The Department has implemented a National School Nutrition Programme to enhance the nutritional status of learners from impoverished communities. The programme is currently feeding cooked meals to about 5 million learners at 16 000 of the poorest schools over 156 days.

The number of students who have received financial assistance amounts to 402 833 to date totalling 940 135 awards from the National Student Financial Aid Scheme (NSFAS).

The Department is putting initiatives in place that seek to ensure that the youth and the community are able to access information on career guidance. The department in collaboration with the National Information Service for Higher Education (NISHE) project of the Higher Education SA (HESA) has produced a career information booklet. This is a Grade 9 career guide into higher education and has been distributed to all Grade 9 learners in the public schooling system.

The Deputy Minister said that the President has consistently called for greater emphasis and investment in the teaching of mathematics and science as means of responding to the acute skills shortages in critical sectors of the economy. The department has responded by launching the National Strategy for Mathematics, Science and Technology Education in 2001.

The Hon Surty reported that the number of specialist schools in mathematics and science has increased from the 102 to over 400. The curriculum has been redesigned to ensure increased proficiency in numeracy, and from 2006 all learners will still study mathematics or mathematical literacy beyond the compulsory phase of schooling.

The Deputy Minister’s Response to Questions

The Deputy Minister stated that funding is given to students who excel. Students also need to look at various tertiary education institutions e.g. FET Colleges, Universities, and Universities of Technologies etc.

On the question of whether a school principal can expel a learner who has not paid his school fees, the Deputy Minister stated that this could not be done.

2.3.3. Presentation by the Deputy Minister of Social Development, the Hon. Dr J Benjamin

The Department promotes social integration through strengthening families and communities. The Department has in the last 10 years been concentrating on the provision of various social grants, like old age pensions, child support grant and other forms of grants. Recently, in view of the establishment of the Social Security Agency that is going to be responsible for the distribution of social grants, the Department has been shifting the focus of its work to the other components of its mandate.

It is engaged in the fight against poverty through the promotion of sustainable livelihood. It is engaged in the struggle to combat HIV and AIDS by preventing and mitigating its consequences.

The scope of the Department’s services is as follows: • Promotion and prevention services. • Rehabilitation services. • Protection services. • Continuing care services. • Mental health and addiction services. • Youth Development: Socio-economic programmes and Moral Regeneration programmes. • Poverty reduction programmes: facilitation of developmental centres, promotion and facilitation of the establishment of cooperatives and integrated empowerment programmes. • Community profiling: assessment of community structures. • Implementation: facilitation of implementation of identified development activities, according to the plans developed by involving the community. • Evaluation of implementation: monitoring of implementation of jointly planned activities, giving feedback to the community and re-planning action where required.

The nature of social welfare services: • Childcare and protection: services to abused, neglected, orphaned children. • Services to families: vulnerable, single parent/child headed. • Probation services to perpetrators and their families as well as children in conflict with the law. • Victim Empowerment Programme. • Services to youth at risk, in conflict with the law, out of school unemployed. • Services to women, victims of violence, poor and unemployed. • Services to protect and care for older persons. • Services to those affected /infected by HIV/AIDS.

The services of the Department could be accessed by people approaching any of following offices or organisations: • Provincial office. • Regional, district office. • NGO’s, CBO’s • Local Government • Civic society (Community members, councillors, health care practitioners)

The Deputy Minister’s Response to Questions

With regard to the gender parity why men receive Old Age pensions at the age of 65 and woman 60, the Deputy Minister stated that it is positive discrimination.

2.3.4. Presentation by the Deputy Minister of Health, the Hon Ms N Madlala- Routledge

The Deputy Minister stated that the Department has a number of programmes that assist children to grow up healthy and, which provide quality care when children get sick.

It is very important that all children be immunised and the Limpopo Province is a leading province in this regard, where 92% of children under the age of one are fully immunised. Many episodes of illnesses are prevented when children are fully immunised.

A school health project has been implemented that provides for free assessments and health promotion to learners. This is very important as it enables the Department to pick up problems early, especially those problems that impact negatively on the ability of children to learn.

The health of the youth also needs to be looked after. In order to make services more user-friendly the Department has assisted 64 health facilities to become more youth friendly. There are 7 of these youth centres in the Limpopo province and the Department has trained more than 170 health workers in how to be youth friendly.

The Deputy Minister stated that the Department is proud of the initiatives taken by the province to improve access, and in this regard the Limpopo Province has shown how to ensure greater access by opening a 24 hr service than any other province.

She further noted that in Tshilidzini the community has developed a programme that provides rape survivors with support and care and similar levels of dedication need to find ways to other parts of the province.

Besides caring for physical health, it is also important to care for our mental health. The province has done well in strengthening its mental health services, including the improving the integration of mental health into primary health care. This means that when a person to the clinic the nurse will be able to treat any mental health problems that he or she may have and this makes possible the provision of holistic care in our facilities.

People also need nutritious food to be healthy. With the assistance of government, communities have embarked on these projects with passion and dedication - so much so that there are over 150 community gardens in the province, which benefit families. It must be ensured that every community in the province has a sustainable community garden that feeds the most vulnerable members of that community

The Deputy Minister stated that the Department is aware that there are many community-based organisations in Limpopo e.g. the fact that the province has established over 360 community/home-based care sites which have a total of 90 000 beneficiaries. The government has to ensure that these projects take care of our people who have all types of chronic diseases. While there are successes in Limpopo, there certainly are challenges as well.

These include: • The creation of sustainable jobs for the people, especially the vulnerable. • Making health service more accessible and the role of the community leaders, including hospital boards and clinic committees. • Ensuring that our facilities are safe for health personnel and that they treat patients with respect and vice a versa.

The Deputy Minister’s Response to Questions

A member of the public complained that she was not treated well in the clinic where she had her baby and after giving birth to her child the staff at the clinic did not inform her what should be done. The Deputy Minister stated that the matter would be referred to the MEC of Health in the province and that an investigation will be launched to what the situation was, but that the Department does apologise for what happened.

The Deputy Minister also stated that there is a programme that has been developed to pay volunteers a stipend or a salary.

The Deputy Minister further noted that the department is aware that the shortage of nurses is not only a problem in the Limpopo province, but that it is a national challenge, but that the Minister is working hard to get nurses back. It was agreed with all the MEC’s of Health in the provinces to open the nursing colleges in the provinces e.g. Limpopo province currently has 3, but another 2 will be opening soon.

The Deputy Minister stated that from Limpopo there are currently 44 medical students undergoing training in Cuba, and when they return they will be working in the Limpopo Province.

2.4. Theme 4: Agriculture as a Tool for Poverty Alleviation and Job Creation: Meeting with Farmers

2.4.1. Address by the Minister of Agriculture, the Hon Ms. T. Didiza

According to the Minister, at the present moment land prices are not favourable to government to reach its objective of ensuring a speedy land reform delivery. The Land Summit deliberations exposed the weaknesses with regard to the willing-buyer-willing-seller approach and its impact on the price of land required for the land reform programme. One of the key disadvantages of this approach, apart from inflated land prices, is the fact that negotiations on the purchasing price often take too long, thus affecting the pace of land delivery to the previously disadvantaged persons. The Land Summit recommended that other alternatives in the acquisition of land be investigated, and government is already in the process of identifying these alternatives.

The Minister reiterated and confirmed government’s commitment to land reform and the sustainable development and success of land reform projects. With the aim of achieving that objective, government has initiated the Comprehensive Agricultural Support Programme (CASP) and Micro Financial Institution of South Africa (MAFISA) programmes to assist emerging farmers with regard to access to finance and technical support. Furthermore, the Department of Agriculture has prioritised the programme around extension officers.

2.4.2. Address by the Minister of Labour, the Hon Mr. MS Mdladlana

In responding to issues raised by people on the floor, the Minister noted that the rights of workers are protected by the Constitution, which forbid any form of discrimination and abuse of workers. Hence, nepotism and any form of corruption is not acceptable in the workplace or anywhere within the society. The rights of workers are protected, amongst others, by legislations such as the:

• Labour Relations Act
• Basic Condition of Employment Act
• Employment Equity Act
• Compensation for Occupational Injuries and Diseases Act

The Minister encouraged workers to make efforts to be aware of their rights as stipulated in these legislation. Workers have a right to join a labour union of their choice and be able to bargain for their salaries rather than beg to be paid.

2.4.3. Visit to Local Farms

The NCOP visited a number of farms to observe progress made with regard to farms that have been the subject of restitution, challenges that the emerging farmers are encountering and general conditions of people on farms.

2.4.3.1. Berlyn Farm

The farm is 1 900 hectares, of which 147 ha is set aside for litchis and citrus farming, and 1 703 ha for grazing and sisal production. The farm has been under the caretakership of the Provincial Department of Agriculture for the past 10 years. At the current moment, the farm is not productive due to lack of financial capital, after the Provincial Department had substantially decreased its budget allocation.

The farm has 61 employees whose work is limited as the farm is not fully operational. The farm is part of a land claim by the Berlyn Community Property Association and a counter claim by the Babirwa ba Mangena community. These competing land claims were identified as key obstacles to the development and functioning of the farm.

2.4.3.2. Nguvamuni Farm

The farm was acquired through a SLAG grant to the value of R600 000 with the extent of 191 ha. In total, the farm has 90 beneficiaries, only ten are involved in the daily operation of the farm. Initially, the main activities of the farm were dairy and crop farming. After losing the dairy cattle, beneficiaries have resorted to crop farming only.

The lack of involvement by the majority (80) of beneficiaries on the farming project was found to be a crippling factor. The ten beneficiaries were unable to sign agreements with interested partners who want to invest in the farm. At the moment, there is an opportunity to venture into chicken farming with an interested private strategic partner. However, the agreement cannot be signed without the approval of the majority of the absent beneficiaries.

2.4.3.3. Mariveni Farm

This is a farmer’s settlement project comprising of 26 emerging farmers (20 men and 6 women). The farm produces mainly bananas and citrus fruits. Of all three projects visited by the NCOP, Mariveni farm is the most successful farming project, demonstrating a significant upwards business growth trend. The farm is a cooperative which is managed by an elected Board of Directors. More than half of its produce is exported to Europe and the Far East. The farm employs local people and has also made available land for a flourishing community garden.

2.4.3.4. The farming Community raised the following Challenges to the NCOP Delegation: • Slow pace of land reform: the land reform process, especially restitution was taking place at a slow pace. Claimants from various claims in the province indicated that the Commission should speed up the resolution of claims. • Lack of Post-settlement support: Claimants alluded to the lack of adequate post-settlement support, especially with regard to farming skills and business planning. As a result restitution beneficiaries are not able to take full advantage of the restored farmland. • Employment for the Youth: it was indicated that, whenever local municipalities advertise vacant positions, an emphasis is put on the candidate’s extensive experience. As a result, recently qualified graduates are excluded from these opportunities and but have no other alternative than to migrate to cities. • Lack of funds: The implementation of both CASP and MAFISA is taking place at a slow pace. Land Reform projects have limited sources of financial assistance, and most of them rely on both MAFISA and CASP as an answer to this challenge. • Marketing of Agricultural Produce: Farmers indicated that government should do more with regard to making sure that emerging farmers have access to markets for their produce. • Exploitation of Workers: Local people were being exploited by unscrupulous business people who refuse to allow them to join trade unions and do not adhere to the Labour Relations Act. • Job Losses: An issue about the once flourishing local industrial area was raised. For the last ten years, most factories have relocated, leaving empty infrastructure and thousands of retrenched local people stranded without employment. Members of the community wanted to know, from the municipality, the cause of relocations and what government is doing to address this problem.

2.5. Theme 5: Structures Put in Place to Address the Challenges Faced by Children, the Youth and People with Disability: Meeting with Youth and People with Disability

2.5.1. Presentation by the Deputy Minister of Sport & Recreation, the Hon Mr CG Oosthuizen

The Deputy Minister stated that government wants an active and willing nation. He stated that the Department currently has 14 programmes running in the Limpopo Province. He noted that a major challenge for the Department is finances and therefore programmes have to be prioritised.

He informed the people that the Department has formed a partnership with SA Confederation and Olympic Committee (SACOC), to ensure that the Olympians win some medals at the Olympics and these include the disabled Olympians as well.

The Deputy Minister stated that the Department has made a survey and found that they need R14 Billion for sports facilities in the country and that the department is addressing this challenge pro-actively.

The Deputy Minister stated that the department has built 100 facilities a year in the country, but these funds have been moved to the local government. He further noted that if the local government in the region has prioritised the building of sports facilities in their Integrated Development Programme (IDP), whether to upgrade or build new ones, people should interact with the local government in their area.

He further noted that the backlog must be eradicated and that the need for sports facilities is imperative to identify potential and talent.

The Deputy Minister stated that the Department is in the process of re- introducing school sports, and as he stated, that this is the nursery where talent can be identified. He further noted that sport ensures social cohesion.

2.5.2. Dr E Kornegay – Policy Coordination and Advisory Services Dr Kornegay explained that it is important that people who want to open their own business have to look at a targeted assistance programme, as well as the skills development programme.

She stated that wheelchairs are available at hospitals and clinics. Also if people see that fraud is being committed regarding obtaining fraudulent disability grants that they should report this.

Dr Kornegay explained that there is a means test to determine whether a person qualifies to get a grant and which grant will be applicable to the applicant.

She further noted that municipalities need to address issues regarding access to buildings. She urged members of the public to raise these issues during meetings with their local municipalities.

She informed people to contact the person in the office of the Premier dealing with the Status of People with Disabilities.

2.5.3. Mr J Mbalula, Chairperson of the National Youth Commission

The major challenge facing the National Youth Commission is the question of access to its service by young people. It has decided to address the issue partly by setting up a toll free number. It hopes that that will enable young people to access its services more than they had done in the past.

The Chairperson indicated that the other challenge facing the National Youth Commission is the question of skill development. It is committed to the implementation of the National Youth Service Programme to address the lack of skills among the youth. In terms of the youth skills programme, the youth will be given not only skills but relevant experience.

2.5.4. Mr M Kekana, CEO of the Umsobomvu Youth Fund (Fund)

The Umsobombu Youth Fund has embarked on a campaign to increase the extent of its funding for projects. Mr Kekana informed the members of the public that as from 1 November 2005, people applying for funding would be required to pay R200 and not R500

The Fund has reached an agreement with the Limpopo Development Agency on various programmes. Agreements have been reached with First National Bank and if members of the public want access to these funds, they have to liaise with the FNB branch in their region.

The Youth Fund has established a solid network with all the municipalities in Limpopo and young people should utilise the local government in their areas.

With regard to learnerships, Mr Kekana conceded that the absorption of students into the labour market is low, but that the training for young people must continue.

He said that with respect to crime, communities, working the members of the SAPS, must continue to be vigilant and assist the police in identifying the perpetrators.

2.5.5. Mr Modjadji, Provincial Chairperson of Disabled People of South Africa (DPSA) Mr Modjadji encouraged disabled people to make use of structures that have been put in place to deal with their needs. He urged them to speak with one voice.

One of the issues or challenges facing transformation is fronting for tenders. He urged people with disabilities to be vigilant and not to be used by fraudsters. He urged them to work very closely with government to curb the problem of fronting.

In his conclusion, Mr Modjadji urged people to seek more information on entrepreneurships and their rights. The offices of the DPSA are always open to people who need assistance on a range of issues raised in the course of the meeting.

2.5.6. Mr B Ngcaweni, Policy Coordination and Advisory in the Office of the Presidency

Mr Ngaweni, on the issue of rural development, encouraged the people to utilise their land for agricultural purposes. He urged the communities to make use of SMEs. Lastly, he highlighted the importance for communities to work closely with their municipalities and to obtain more information of entrepreneurship.

2.5.7. Presentation by the Deputy Minister of Home Affairs, the Hon M KMN Gigaba

The Deputy Minister said that the people should be proud of the South African democracy because it has given them a voice and opportunity to interact with their leaders. He urged the communities to use the structures that have been put in place to deal with their needs.

On the issue of fraudulent Identity Documents, he said that his Department is in the process of producing new identity cards to curb the problem. He urged communities to exercise great care when using their Identity Documents.

He warned people that are selling fraudulent Identity Documents that the law will deal with them when they are caught.

2.5.8. Presentation by the Member of the Limpopo Provincial Legislature, the Hon Ms A Makosana

She urged people with disabilities to assert their needs. She responded to a question on why there is a need for special schools for disabled persons. She said that special schools are necessary for those who need special help. Those who do not need special schools are able to attend schools of their own choice.

She informed the meeting that her office is always open for the people that need special assistance, whether it is bursaries or business opportunities.

2.5.9. Visits to Schools by Delegation of the NCOP

The NCOP visited the Letaba Special School, and Yingisani School to observe and interact with the schools which are providing services to children with special educational needs.

2.5.9.1 Letaba Special School

The principal, Mr Easters, welcomed the delegation and extended a warm appreciation for the fact that their school is being visited. The school was established in 1969 and the first learners admitted in July 1969. On 15 November 1969, the buildings were officially opened.

Letaba currently has 210 learners who are resident in the hostels. Letaba has 25 teaching staff and 61 non-teaching staff. The school is financed by the Department of Education, but is heavily reliant on donations and sponsors.

The motto of the school is: “because of your light, we see the light”, and the principal equated this visit by Parliament to be that light that they can see.

Mr Leonard Madantsyela made the presentation on behalf of the School Governing Board. He thanked the NCOP for visiting the school and wished the delegates well during their interactions with different stakeholders.

The school identified the following challenges: • The woodwork of the roofs needs urgent attention. • The roofs of the walkways need to be replaced. • The server in the computer room is too small to handle the volume that the school uses and this negatively affects the training that can be given. • A recreation hall is needed to promote drama, music and indoor sport. • The sport field needs to be upgraded.

The growth of Letaba has been seriously hampered by the aftercare centre for adults, which is occupying two of the hostels. There are concerns around the fact that adults and children share the same premises and are being exposed to liquor, sexual activities, etc. The problem is exacerbated by the lack of security measures.

2.5.9.2 Visit to Yingisani School

Mr J Nkuna did the presentation on behalf of the school. The school has 265 learners with multiple disabilities. The school, like Letaba School, faces a number of challenges which include the following: • Classroom shortages. • Lack of hostel accommodation. • Inadequate computers. • A library that is well equipped. • An administrative block. • A need for a diagnostic and audiology block.

The school is experiencing the problem of being vandalised and this causes a security threat to both learners and staff. The school is requesting that the DOE erect a security fence around the school to minimise the damages to the fencing.

The neighboring school, Letaba, has a tarred road and Yingisani has a gravel road. Submissions were made for the road to be tarred. During the rainy period the gravel road becomes inaccessible.

There is a need for recreational activities and athletic, soccer, netball and volleyball fields are urgently needed. It is important that students are able to use recreational facilities to integrate them and make sure that they do not feel marginalized.

2.6. Theme 6: Structures and Institution Set-up by Government: The Past 10 Years of Democracy towards the Advancement of Women: Meeting with Women

2.6.1. Presentation by Deputy Chairperson of the NCOP, the Hon. Mrs. P Hollander

The Deputy Chairperson commended government and the country in general on the progress that is being made with regard to the empowerment and emancipation of women. However, it was quickly pointed out that while progress has been made in enacting gender sensitive legislation and establishing organisations to address women’s issues, more needs to be done in ensuring that those legislations are adequately and coherently implemented.

It was noted that despite the structures put up by government with regard to the empowerment of women in the workplace, the private sector still lags behind when coming to advancement of women. State organs need to lead the way in the empowerment of women as examples to the private sector. The Preferential Procurement Policy Framework Act also advocates for preference for black women when it comes to issues of procurement. Tender Advice Centres (TACS) are also highlighted as mechanisms to increase the participation of marginalised groups (including women) in the public procurement system. With the increasing emphasis on broad-based Black Economic Empowerment (BEE), it is foreseen that black women will be more empowered in the future. To that effect, section 2(d) of the BEE Act 53 of 2003 provides this as one of its objectives: “to facilitate broad-based economic empowerment by increasing the extent to which black women own and manage existing and new enterprises, and increasing their access to economic activities, infrastructure and skills training.”

The government has committed itself to the adoption of the entire Beijing Platform for Action. Thus, women’s equal access to resources and opportunities and equal treatment in economic and social life are, in turn, necessary for the full realisation of their human rights. Lack of equal access to resources and opportunity is a denial of rights, which results in the perpetuation of poverty for many women.

There have also been major achievements in government at higher decision- making level. In 1997, women were only 31,57% of the total number of ministers and deputy ministers, at the moment the figure lies at 44,89%. Seven out of nine provinces have now met the minimum 30% quota for women representation. Furthermore, about 27% of women are in the senior management level in the public service. Currently, there is a process involving government, working together with civil society organisations, the Commission on Gender Equality and the Legislatures to develop a National Programme of Action on Women’s Empowerment and Gender Equality for the next ten years. There is also the Presidential Working Group on Women as well as Women’s Parliament to deal solely with women issues.

2.6.2. Presentation by Dr. T Maitse, Gender Commission

The Commission on Gender Equality (CGE) is an independent, statutory body established in terms of Section 187 of the Constitution of South Africa (Act 108 of 1996). The role of the CGE is to promote respect for gender equality and the protection, development and attainment of gender equality. The powers and functions of the CGE are outlined in the Commission on Gender Equality Act 39 of 1996. In terms of Section 11(1)(a) of this Act, the CGE must, inter alia:

• Monitor and evaluate policies and practices of organs of State at  any
  level, public bodies, private businesses and  other  institutions.  In
  order to promote gender equality and make any recommendations that  it
  deems necessary.
•  Conduct  information  and  education  programmes  to  foster   public
  awareness  on  gender  equality,  and  to  communicate  its   research
  findings.
• Investigate gender-related complaints, subpoena if individuals do  not
  volunteer information that will help it to do its work effectively.
• Have the ability to on its own  and/or  with  others  institute  legal
  action that will impact on the promotion of gender equality and/or the
  rights of women.

Dr Maitse stated that the existence of the institutional framework for gender equality is a key component of the Government’s commitment. Structures such as the Commission on Gender Equality, the Office on the Status of Women in the Presidency as well as in the Premiers’ offices and a Minister responsible for gender are an important framework that ensures that issues that affect women are not left out of the national agenda for transformation. However, all sectors of society need to commit to promoting and protecting gender equality. The private sector and traditional authority should be the key partners in this task.

One of the most serious challenges for bringing about effective equality is poverty. Poverty has the potential to undermine the advances that were made with regard to women issues, hence programmes that are meant to alleviate poverty have to take cognisance of its gendered nature. This includes planning budgets in a way that addresses the feminisation of poverty and the efforts to address the economic empowerment of women.

The implementation of the Domestic Violence Act (DVA) and the Maintenance is inconsistent, and officials are culprits in this regard. The corruption and ineffectiveness of some officials discourage women from accessing support that they deserve. The CGE conducts education and information programmes, very often in collaboration with other stakeholders. The CGE intervenes in litigation as a friend of the court, such as the Omar case where the constitutionality of a certain section of the DVA was explored. It must be clear that the Domestic Violence Act does not only protect women but also includes men who are abused by their wives.

2.6.3. Presentation by the Hon Ms L M T Xingwana, Deputy Minister of Minerals and Energy

The Hon Xingwana stated that from the dawn of democracy in 1994, government’s commitment and dedication to the restoration of women’s rights has always been a priority. The Deputy Minister congratulated the NCOP, for creating a platform that gives communities and government the opportunity to engage in issues that will further make democracy a reality. In addition to this process, a need was realised by the government to reach out to get a clear understanding of what is critical for the people through engaging with them through Imbizos, and bringing Parliament to the People. The process of development in South Africa has generally marginalised women and deprived them of their control over economic resources in spite the fact that South African women are approximately 22 million, over 50% of the population. The economic empowerment of women remains a significant challenge in our society. The government and society in general, must involve women in economic empowerment projects to enable them to improve the lives of their communities. Women, especially those in rural areas, are amongst the poorest and the most marginalised section of society. With regard to the role of women in the mining industry, the newly enacted Minerals and Petroleum Resources Development Act, entrenches and provides for substantial and meaningful expansion of opportunities for women and their participation in management, ownership and procurement from existing and future mining exploration, and production operations. The Department is aggressive in transforming the mining industry with regard to the inclusion of all historically disadvantaged people, women included.

According the Deputy Minister, Limpopo Province is experiencing a boom in mining and minerals development, which is the highest in the last five years. A total of 732 applications have been received by the region:

• 516 Prospecting Rights
• 35 Mining Rights
• 36 Conversions (Prospecting)
• 11 Conversions (Mining)
• 130 Mining Permits

One of the critical terms and conditions of granting all these rights is the inclusion of women before a right is granted. There is a need for provincial support to the Regional Procurement Strategy designed by the Regional Office together with Trade and Investment Lampoon. Government would like women to prepare themselves to participate in this strategy as soon as it unfolds. Historically mine environmental management and mine rehabilitation have primarily been a white-male-dominated career discipline and business in South Africa. However, strategies were developed to enable black women to enter the business of mine environmental management as well as the rehabilitation of mines. The Department has also adopted a pro- active strategy of change to ensure the participation and involvement of black women at the tiers of ownership, management, skills development, employment equity, procurement and rural development within mine environmental management and rehabilitation.

2.6.4. The Community Identified the following Challenges:

• Child Abuse and Abuse of Grants: the abuse of  children  is  rife  and
  usually comes in the form of  neglect.  While  people  appreciate  the
  effort that government is showing to protect women from  harm,  little
  is being done to ensure that children benefit from the  monthly  child
  support grant. The fact is mothers (usually  young  girls)  spend  the
  money on themselves buying clothes and most often beer.
• Role of Fathers in Raising Children: It was indicated that the  gender
  awareness that government has undertaken is biased towards  women  and
  does not take into consideration the role that  men  play  in  raising
  children. As a result there is confusion as to the various roles  that
  parents should take in raising their children. For  example,  men  are
  often hiding behind the ‘50/50 principle’ to  avoid  supporting  their
  children.
• Rape and Rape Offenders: Community members revealed their  unhappiness
  with the early release of rape  offenders.  When  rape  offenders  are
  released early or given light sentences government is actually sending
  the message that rape is not a serious crime,  which  is  contrary  to
  what this government is trying to portray.
• Empowerment of Women: While government is encouraging women to venture
  into business and become entrepreneurs, the Provincial government must
  ensure that rural women have access  to  information  and  much  more,
  financial resources that government is offering is doing little.
• Access to Health: It was noted that most local clinics are  not  user-
  friendly (to women) with regard to family planning  and  contraception
  issues. Young girls prefer not to go  to  clinics  for  contraceptives
  (condoms, pills, injections, etc.), because nurses at these facilities
  are not welcoming.  Government  should  also  distribute  condoms  for
  women, which is  known  as  ‘femidom’  to  ensure  that  women  become
  proactive in the process of protecting themselves, and not rely solely
  on men.

2.7. Theme 7: Public Hearing on the Provision of Water and Service Delivery by Municipalities

2.7.1 Presentation by the Minister of Water Affairs and Forestry, the Hon Ms BP Sonjica

The Minister pointed out that from 1994 to 2003 the Department was responsible for the provision of water to the communities. The reason was that the other spheres of government did not have the capacity to implement this function. However, this function has since been transferred to the district municipalities. The Department remains the custodian of water and is obliged by the Constitution to ensure an equitable provision to all the communities.

She said that before 1994, water was linked to landownership. The person who owns the land, by virtue of such ownership, owned the water found on that piece of land. The Department has developed a White Paper and enacted the Water Services Act to transform the situation where our people have land, but have no access to water.

She stated that it is the government’s objective to ensure a minimum quality of water in order to prevent diseases. The Department is responsible for developing norms and standards. The municipalities are responsible for the provision from the water resources to the taps in the households. However, the reality is that the local sphere of government lacks the capacity and many municipalities do not have the technical capacity. It is the Department’s goal to transfer the function of water provision to local government with resources, together with personnel.

Some of the problems relate to the issue of cooperative governance. The Minister hopes that the recently passed Inter-governmental Relations Act will go a long way towards addressing the problems relating to intergovernmental relations.

In her response to questions, the Minister addressed a range of issues. In relation to the Water Boards, the Minister said that although cost recovery was important, the emphasis, as government policy, was not profit. Government wanted the Water Boards to respond to the government policy.

2.7.2 The Honourable Cllr H Mokgobi, Deputy Chairperson of SALGA in Limpopo

The Hone Mokgodie noted that the issues that the local sphere of government is seized with are complex, and varied, and are also emotive in nature.

The colonial and apartheid era was not only characterised by the denial of franchise to the majority of our people, but also the denial of basic services such as the provision of water. In 1995 a new system of local government was put in place. It replaced the unelected and non-statutory bodies called the Interim Transitional Councils.

The Deputy Chairperson of SALGA stated that when the new municipalities were elected into office, they were struck by realty of the size of the backlog prevalent in the communities. This showed itself in the form of a lack of basic infrastructure, lack of resources and institutional capacity. In Limpopo, the problems were aggravated by the rural nature of the province.

Approximately, about half of the municipalities in the province are under Project Consolidate. They need targeted and continuous institutional and administrative support to enable them to fulfil their constitutional mandate.

SALGA continues to play a crucial role in supporting municipalities. In the province, sector collaboration has been strengthened with the setting of the Provincial water Sector Collaborative Committee, which is made up of the Department of Water Affairs and Forestry, the Department of Provincial and Local Government and other interested parties.

The backlogs on water services are as follows: • 2,7 million people to be served on RDP standard for the Domestic Water Supply. • 4,2 million to be served on RDP standard for Domestic Sanitation. • 140 Clinics to be served with water supply infrastructure. • 326 schools to be served with sanitary facilities. • 1 573 schools to be served with water supply infrastructure. The province has also registered successes: • Lephalale Local Municipality is a best case on transfers. • The District Municipalities of Sekhukhume, Mogalakwena , Bohlabela, Polokwane, Capricorn and Vhembe have signed transfer agreements. • Sector collaboration has been strengthened and aligned efforts to support water service authorities are in place. • The total poor population benefiting from free basic water provision has increased from 45% to 58%.

SALGA joins the call to declare certain parts of the province struck by the drought as disaster areas in order to entitle them national resources.

2.7.3. Mr MT Lehong, CEO of the Lepelle Northern Water Board

Mr Lehong stated that the Water Board was set up in 1997 as the successor to the Phalaborwa, Northern Transvaal and Bosveld Water Boards. Its area of jurisdiction covers 72% of the Limpopo Province. A 15 member Board, who are appointed by the Minister of Water Affairs and Forestry for a 4-year term, constitute its governing structure.

The Water Boards have developed capacity and expertise of bulk water purification and distribution. They operate across municipal boundaries and are therefore able to distribute water equitably. Because the Water Boards are focused, they are able to optimally utilise the benefits of economies of scale, which enhances affordability of water.

He stated that the Water Boards are self-financing. They raise their capital from the open market. Because of these considerations, they must generate enough revenues to maintain and sustain their operations, and meet their financial obligations.

Mr Lehong emphasised that it is therefore important that water services are paid for. Local municipalities, when adopting free basic water policy, must make provision to finance them.

The Water Board intend to spent R67 million on the refurbishment of infrastructure.

2.8. Theme 8: Public Hearing On Poverty Alleviation And Job Creation: The Impact Of EPWP Programme and Other Programmes Directed To The Creation Of Jobs

2.8.1 Presentation by Mr M. Chauke (Chief Director for the Department of Housing)

Mr Chauke said that the March 2005 Labour Force Survey by Statistics SA indicates that recently the employment rate has improved slightly in that the number of people employed increased from 11,4million in March 2004 to 11,6 million in September 2004. From September to March 2005 it increased to 11,9 million. The period between September 2004 and March 2005 in particular showed an increase in employment opportunities of over 250 000.

However, unemployment generally remained high. In terms of the expanded definition, the unemployment rate is still above 40%. The situation was made worse by job losses in industries such as construction, which lost 11 000 jobs within the same period. In Limpopo, the trend has manifested itself in slight increase in the rate of unemployment from 31, 2% in March 2004 to 32,4 % in March 2005. Predominantly, in Limpopo (and the country in general), those that are mostly discouraged from seeking work are women.

The Department of Housing has taken a conscious decision to enhance efforts that are aimed at employment creation, targeting people from low-income households. The Comprehensive Plan on Sustainable Human Settlements, which was approved by Cabinet last year, would utilise the opportunities created in housing delivery such as the installation of infrastructure, the actual construction of houses, the construction of socio-economic infrastructure and the management and maintenance of housing stock, to create jobs. It prescribes for the labour intensive construction methods in the building and the development of human settlements including the facilitation of job creation through the establishment of on-site housing materials production activities. In delivery of top structures in the current financial year for 2004/5, for example, the construction of houses created over 30 000 job opportunities nationally.

On the EPWP programme, Mr Chauke, noted that municipalities have been allocated specific responsibilities for developing plans that will achieve the objectives of government. In addition, housing’s contribution to fighting unemployment comes also in the form of EPWP. Nationally, a total of R2 039 847 043 has been budgeted for the programme. For Limpopo, five projects that are estimated to cost R32 104 088 have been identified. Government estimates that these will provide 1 325 job opportunities with the targeted jobs including 359 given to youth, 269 to women, and 13 to the disabled.

Through the comprehensive plan, the Department has put in place some measures that will boost the performance of housing sector to enable government to achieve the objectives of its programme of action. Among other things, funding has been increased in relation to subsidies. Limitations regarding the selling of state subsidies have been reduced from 8 to 5 years to create more demand in the housing market. The Department is confident that the demand for residential property generally will boost the construction industry and thereby create more job opportunities for both semi-skilled and the unskilled.

Mr Chauke stated that on 30 March 2005, a Memorandum of Understanding (MoU) with the Banking Council had been concluded as part of the work of the Financial Service Charter. Through the MoU banks pledged to invest a target of R 42billion in 2008 in the form of various options of housing finance for the low to middle income sector. This will enable increased home ownership for those sectors of the society that had been excluded previously by banks; a development that in turn should increase the construction activity. The intention is to strengthen the performance of the industry to ensure the creation of jobs.

2.8.2. Presentation by the Hon N Khanyago, Deputy Minister of Public Works

The Deputy Minister indicated that the Expanded Public Works Programme is aimed at giving people jobs and skills that they can use in the near future. The programme is not aimed at providing people with permanent employment. People were advised to go to Labour Centres for relevant advice. On local roads, the communities should take an initiative and assist with providing the services. Youth should be encouraged to participate in EPWP especially those that cannot afford going to tertiary institutions.

2.8.3. Presentation by the Hon S Motimele MEC for Roads and Public Transport

The MEC, referred to road shows held in June yearly on road constructions. The province is currently involved into two programmes (Limpopo Roads Agency and Gundu Lashu programmes), which is meant for those who do not have a source of income and women. Eight projects have been completed in the Mopani district. There is a Provincial Growth Strategy that is aimed at improving people’s lives. Mr Motimele also indicated that not all the roads are the responsibility of the province; there are municipal, national and provincial roads. He indicated that roads to hospitals would be given a priority.

2.8.4. Presentation by the Hon OC Chabane, MEC for Economic Development, Environment and Tourism

Mr Chabane reported that there are different projects directed to poverty alleviation. Most of them emanate from Social Development, Public Works and Agriculture departments. Mr Chabane admitted that some projects inherited problems since their inception and sometimes the profit that is generated cannot sustain them. Projects were never assessed for sustainability. The province is currently reviewing the projects that have faltering in order to link them to the job market.

In relation to skills training and finance, there are offices located in most municipalities. They provide business advice and how to draw up business plans for free. They are funded by the State and provide finance for farmers.

2.8.5. Presentation by the Minister of Housing, the Hon Ms L Sisulu

In responding to the public, the Hon Minister admitted that between 1994 and 2001 most housing projects went wrong. Some contractors were not adequately capacitated to do the job. As a result some projects were blocked. Those blocked projects will commence as soon as funding is available and that will also lead to job creation.

Furthermore, houses that have problems will be repaired. The community was requested to assist in identifying the houses. Currently, municipalities do not have sufficient personnel to deal with housing issues. In 2006, approximately 200 000 emergency houses will be built to cater for vulnerable groups.

2.8.6. Presentation by the MEC for Local Government and Housing, the Hon Ms M Mashabane

The honourable Ms Mashabane reported that emergency houses would be built in 2006. Houses for the poor will also be built in cities and suburbs. She admitted that some houses were built in wrong places hence relocation is considered. Communities will be visited to verify beneficiary lists. Learnerships are meant to provide skills to those who have not started working. She concluded by encouraging the communities to report all fraud and corruption practices.

2.8.7. Visit to local EPWP Projects

The NCOP visited the three EPWP projects to observe progress that was being made in the implementation of projects, and challenges facing government.

2.8.7.1. Myakayaka to Mafarana Road Project

This road project is one of the EPWP pilot projects awarded to 13 local contractors by the Department of Public Works. The project has employed a total of 86 local residents, of which 51 are women and 25 are youth. Employees are paid R30 per completed task, and they can only perform a maximum of two tasks per day. The going rate of R30 was informed by a survey wherein the Department of Public Works established the payment trends for farm and community workers. Currently, the project cost R550 000 per kilometer, and the lifespan of the constructed road is estimated at least 5 years.

2.8.7.2. Lefara Road Project

The Lefara Road Project is part of the Local Municipalities’ Integrated Development Planning Programme (IDP) funded through the Municipal Infrastructure Grant (MIG). Initially, in the implementation process of the project, EPWP guidelines were not adhered to as stipulated in the MIG policy. For example, contractors used labour reductive technology (machinery) in the construction of the road to cut down labour costs and increase profit, which is contrary to EPWP objectives. Currently, the project cost R350 000 per kilometre, and the lifespan of the constructed road is estimated at least 5 years.

2.8.7.3. Petanenge Project

The Petanenge Road Project is also a MIG funded project which forms part of the R2,9 million grant allocated to four surrounding villages (Serare, Lusaka, and Refara). The road project is complete; however, concerns were raised by the delegation. 2.8.7.4. The NCOP Delegation made the Following Observations and Recommendations: • It was observed that pupils and teachers of Malwandla Primary School used the nearby bush for ablutions. Toilets could not be utilised because of lack of water. It was recommended that ‘dry’ toilets be constructed as a matter of urgency. • Machinery was extensively used in the construction of both Petanenge and Lefara Projects. Contractors used machinery to cut down labour costs and increase profit margin. This is clearly contrary to the objectives of the EPWP programme, which is to create jobs through labour intensive construction methods. • It was noted that there was no budget allocated for the maintenance of the constructed roads. The roads constructed were of a poor quality and poorly constructed. • Questions were raised by the delegation with regard to the manner in which funds were allocated to projects. It seems the municipality was hurriedly allocating funds to projects to reduce under-spending. • The delegation recommended that an increase on the R30 per task rate be increased in accordance with EPWP guidelines. • It was recommended that the Provincial government engage local municipalities to develop maintenance plans for the constructed roads. The road from Koop-Letsitele should be given priority in the next financial year. • The Delegation recommended that follow-up be made on matters pertaining to the tender committee terms of reference, whether the municipality received the funds on time and the rational of the 1,5% deduction by the municipality from the contractors.

3: PRESIDENT THABO MBEKI’S ANNUAL ADDRESS TO THE NCOP: THE PEOPLE’S PARLIAMENT AT WORK WITH OUR PEOPLE

In his address to the NCOP, the President of the nation indicated that the programme of Taking Parliament to the People must remain a central feature of the country’s democracy. Taking in consideration the inherited legacy and the challenges faced by nation on issues of service delivery, the institution of Parliament has to play a significant role with regard to the process of the reconstruction and development of the country. Hence, the NCOP’s regular interaction with the people would contribute greatly to the realisation of the objective that Government should be transparent and accountable. However people must be sufficiently empowered with the knowledge they need to enable them constructively to participate in determining their future. He indicated that the NCOP occupies a unique position within the constitutional system of governance. This derives from the fact that it is the only institution within this system that straddles all three spheres of the co-operative governance construct (the three tiers of government: national, provincial and local). This places the NCOP in a strategic oversight position. It has the possibility and the mandate to keep a constant eye on the processes that must integrate legislative and executive decisions in all spheres of government and ensure the practical implementation of these decisions. The President noted that municipalities must have the capacity to serve all people and have the requisite capacity to provide regular and reliable services to citizens as well as being at the forefront of the reconstruction and development of the country. There is a need for efficient and effective municipalities to ensure that poor households have access to basic infrastructure and free basic services. Furthermore, as the EPWP programme is accelerated there is a need for municipalities to be strong to be able to work in partnership with other spheres of government. He indicated that the Cabinet is engaged in an Imbizo process that involves visits to municipalities. The central purpose of the Izimbizo is to hear directly from the people about their concerns and their needs, allowing them to raise any issue on their minds, with no restrictions. This process has helped greatly to sensitise the Cabinet to the expectations of the people on many issues of immediate interest to them. The people’s response confirmed that government is correct in its emphasis of the critical importance of local government as the one sphere of government that faces the greatest challenge to maintain the closest possible contact with the people, the best placed to give practical expression to the vision that the people shall govern. The President expressed concern against people who seek to occupy local political office (in the coming local elections) for personal and selfish reasons: he indicated that the unseemly scramble for political power in municipal government appears to be driven by the desire to abuse elected positions to lay hands on the economic resources that the local authorities have the possibility to access. This includes the power of members of municipal executive authorities to determine the outcomes of municipal tendering processes, regardless of the fact that the Municipal Finance Management Act expressly prohibits the involvement of councillors and mayors in adjudicating bids for municipal tenders. The nation cannot build such a system of municipal government by electing councillors driven by criminally selfish motives, who have absolutely no interest in serving the people and who do not belong among those determined to occupy the forward trenches in the difficult and complex struggle for the reconstruction and development of the country, focused on the achievement of the goal of a better life for all. The President urged the NCOP to use its powerful voice as elected representatives of the people, to urge all parties and local communities to present as candidate councillors people they are convinced are truly committed to serve the people of South Africa. The NCOP must indicate the kind of behaviour that is unacceptable in the nomination processes, as well as the behaviour that is acceptable in the nation’s democracy, to help the masses of our people to understand the kinds of activity elected legislative organs and the rest of governance system find impermissible. As the President noted, this would help to create the national climate that will help people to elect an echelon of municipal leaders who enjoy the confidence of the people. President Mbeki stated that it was indicated that the Municipal Izimbizo differ significantly from previous provincial Izimbizo. The strategic objective of a Municiapl Imbizo is to help the municipal authorities to meet their obligations, regardless of their size and resource endowment. This process has been greatly assisted by work done by Project Consolidate and the Integrated Development Plan (IDP) Hearings Panel Reports, both of which detail the constraints impeding effective service delivery and socio- economic development. Part of the problem was identified by Project Consolidate, which said that almost 20% of municipal posts were vacant, significantly this included 15 of the top managerial positions, 85 within the Professional Category including engineers, town planners and so on and 130 skilled artisans required for maintenance and operations. The President said that it is obvious that without these skilled personnel, the district will continue to experience serious shortfalls in terms of meeting its own IDP objectives. During the Gert Sibande Imbizo attention was also drawn to gross imbalances in terms of the staff employed by the various local municipalities in the district. Govan Mbeki Local Municipality accounts for about 25% of the population of the district, while Albert Luthuli Local Municipality has 21% of the population. And yet Albert Luthuli Municipality employs only 191 people, compared to the 1 448 employed by the Govan Mbeki Municipality. It is perfectly obvious that with such a small staff, Albert Luthuli can never hope to achieve any of its development objectives. The reason for this extraordinary disparity became very clear when it was explained that Govan Mbeki Municipality covered the town of Secunda, while the Albert Luthuli Municipality covered the former KwaNdebele bantustan area. In order words, the democratic order has permitted the perpetuation of the gross imbalance that existed during the apartheid years between white South Africa and bantustan South Africa. The President recognised the the fact that most municipalities have made significant efforts to ensure that they establish the Ward Committees. However, it was noted that there are some problems that need to be solved to improve the effectiveness of these Committees, which play a vital role in ensuring the interaction between the people and the governance system. Ward Committee members raise such questions as the need to ensure adequate funding of their Committees, some emolument for the members, improving interaction between the Committee and the Councils and feedback from the Councils, extending the mandates of the Committees beyond one year and strengthening the Speakers’ Offices to improve their capacity to support the ward committees. The President stated that these detailed matters about local government were aimed at encouraging the NCOP to take the issue of strengthening the system of local government as one of its major challenges. the NCOP would necessarily also have to focus on the realisation of the objective of co- operative governance, without which it would not be possible to build an effective system of local government. The President stated that the central task facing the nation during this Second Decade of Freedom is to ensure the implementation of the policies and programmes that have evloved during the eleven years of liberation. This decade must see the nation move forward to achieve the targets set with regard to such important matters as the reduction of unemployment and poverty and the achievement of the Millennium Development Goals (MDGs).

                       MONDAY, 26 JANUARY 2006

ANNOUNCEMENTS:

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Classification of Bills by Joint Tagging Mechanism

 (1)    The Joint Tagging Mechanism, on 25 January 2006 in terms of
     Joint Rule 160(6)(b), classified the following Bill as a section
     75 Bill:


     (i)     Prohibition of Mercenary Activities and Prohibition and
          Regulation of Certain Activities in Areas of Armed Conflict
          Bill [B 42 – 2005] (National Assembly – sec 75).

1. Draft Bills submitted in terms of Joint Rule 159

1) Government Immovable Asset Management Bill, 2006, submitted by the
   Minister of Public Works on 7 December 2005. Referred to the
   Portfolio Committee on Public Works and the Select Committee on
   Public Services.
2) Carriage by Air Amendment Bill, 2006, submitted by the Minister of
   Transport on 12 December 2005. Referred to the Portfolio Committee
   on Transport and the Select Committee on Public Services.
3) Constitution Fourteenth Amendment Bill, 2006, submitted by the
   Minister for Justice and Constitutional Development on 21 November
   2005. Referred to the Portfolio Committee on Justice and
   Constitutional Development and the Select Committee on Security and
   Constitutional Affairs.

TABLINGS:

National Assembly and National Council of Provinces

1. The Minister of Finance

   a) Report and Financial Statements of the Financial Services Board on the Registrar of Collective Investment Schemes for the year ended 31 December 2004.

   b) Report and Financial Statements of the Financial Services Board on the Registrar of Pension Funds for 2004.

   c) Government Notice No 1179 published in Government Gazette No 28306 dated 7 December 2005: Approval of allocations to provincial and local government spheres, in terms of the Division of Revenue Act, 2005 (Act No 1 of 2005).

2. The Minister of Public Enterprises

   a) Report and Financial Statements of Denel (Pty) Ltd for 2004-2005, including the Report of the Independent Auditors on the Financial Statements for 2004-2005.

3. The Minister of Water Affairs and Forestry

   a) Report and Financial Statements of Bushbuckridge Water for the year ended 30 June 2005, including the Report of the Independent Auditors on the Financial Statements for the year ended 30 June 2005.

   b) Report and Financial Statements of Ikangala Water for the year ended 30 June 2005, including the Report of the Independent Auditors on the Financial Statements for the year ended 30 June 2005.

   c) Report and Financial Statements of Magalies Water for the year ended 30 June 2005, including the Report of the Independent Auditors on the Financial Statements for the year ended 30 June 2005.

   d) Government Notice No 1180 published in Government Gazette No 28307 dated 9 December 2005: Invitation to submit written comments on the proposed list of particular trees and particular group of trees under section 12(1)(a) and (b) of the National Forests Act, 1998 (Act No 84 of 1998).

                    MONDAY, 30 JANUARY 2006
   

ANNOUNCEMENTS:

National Assembly and National Council of Provinces

The Speaker and the Chairperson

             1. Assent by President in respect of Bill





5 Education Laws Amendment Bill [B23D-2005] –Act No 24 of 2005 (assented
 to and signed by President on 23 December 2005).

TABLINGS:

National Assembly and National Council of Provinces

1. The Minister for Justice and Constitutional Development

   a) Medium-Term Strategic Framework for the Department of Justice and Constitutional Development for 2005/06 – 2008/09.

                   TUESDAY, 31 JANUARY 2006
   

TABLINGS:

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

   a) General Report of the Auditor-General on the Audit Outcomes for 2004-2005 [RP 223-2005].

2. The Minister of Sport and Recreation

   a) Report and Financial Statements of Boxing South Africa for 2004- 2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005.

National Council of Provinces

1. The Chairperson

   a) Notice received from the MEC for Local Government, Housing and Traditional Affairs in KwaZulu-Natal regarding the investigation in the Newcastle Municipality in terms of section 106(3) of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000). Referred to the Select Committee on Local Government and Administration.

   b) Notice received from the Minister of Local Government, Housing and Traditional Affaris in KwaZulu-Natal regarding the investigation in the Umkhanyakhude District Municipality in terms of section 106(3) of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000).

   Referred to the Select Committee on Local Government and Administration.

   Copies of the notices are available from the office of the Clerk of Papers.

                   THURSDAY, 2 FEBRUARY 2006
   

ANNOUNCEMENTS:

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Assent by President in respect of Bills

   1) Revenue Laws Amendment Bill [B 40 – 2005] – Act No 31 of 2005 (assented to and signed by President on 27 January 2006); and 2) Revenue Laws Second Amendment Bill [B 41 – 2005] – Act No 32 of 2005 (assented to and signed by President on 27 January 2006).

          2. Message from President
   The Speaker and the Chairperson received the following message, dated
   25 January 2006, from the President, calling a Joint Sitting of the
   National Assembly and the National Council of Provinces:
   

   CALLING OF JOINT SITTING OF THE NATIONAL ASSEMBLY AND THE NATIONAL COUNCIL OF PROVINCES:

   In terms of section 84(2)(d) of the Constitution of the Republic of South Africa, Act No 108 of 1996, read with Rule 7(1)(a) of the Joint Rules of Parliament, I hereby call a joint sitting of the National Assembly and the National Council of Provinces on Friday, 3 February 2006 at 11:00, in order to deliver my Third Annual Address to the Third Parliament.

   Regards,

   T M MBEKI

TABLINGS:

National Assembly and National Council of Provinces

1. The Minister of Communications

(a)    Final Acts of the Plenipotentiary Conference in Marrakesh,
    Morocco in 2002 of the International Telecommunications Union,
    tabled in terms of section 231(2) of the Constitution, 1996.


 b) Explanatory Memorandum to the Final Acts of the Plenipotentiary
    Conference in Marrakesh, Marocco in 2002 of the International
    Telecommunications Union.


                       MONDAY, 6 FEBRUARY 2006

ANNOUNCEMENTS:

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Introduction of Bill

 (1)    The Minister of Public Works


        i) Government Immovable Asset Management Bill [B 1 – 2006]
           (National Assembly – sec 75) [Explanatory summary of Bill and
           prior notice of its introduction published in Government
           Gazette No 28135 of 14 October 2005.]


     Introduction and referral to the Portfolio Committee on Public
     Works of the National Assembly, as well as referral to the Joint
     Tagging Mechanism (JTM) for classification in terms of Joint Rule
     160, on 7 February 2006.


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



                      TUESDAY, 7 FEBRUARY 2006

ANNOUNCEMENTS:

National Council of Provinces

1. Referral to committees of papers tabled

1.      The following paper is referred to the Select Committee on
    Finance and the Select Committee on Local Government and
    Administration:


      a) Government Notice No R 1105 published in Government Gazette No
         28226 dated 14 November 2005: Amendment of prescribed fees,
         made in terms of section 36 of the Pension Funds Act, 1956 (Act
         No 24 of 1956).
2.      The following papers are referred to the Select Committee on
    Security and Constitutional Affairs for consideration:

      a) Notice of Regulations made in terms of section 44(1)(a) of  the
         Regulation of Interception of Communications and  Provision  of
         Communication-related Information, 2002 (Act No  70  of  2002),
         submitted in terms of section 44(4) of the Act.


      b) Medium-Term Strategic Framework for the Department  of  Justice
         and Constitutional Development for 2005/06 – 2008/09.



3.      The following papers are referred to the Select Committee on
    Education and Recreation for consideration:

      a) Government Notice No 1056 published in  Government  Gazette  No
         28159 dated 25 October 2005: National Policy regarding  Further
         Education and Training  programmes:  Approval  of  the  amended
         schools policy  document,  namely  a  resume  of  instructional
         programmes in schools, Report 550 (2005/09), made in  terms  of
         sections 3(4)(l) and 7 of the National Policy Act, 1996 (Act No
         27 of 1996) and sections 6(A) and 61 of the Schools  Act,  1996
         (Act No 84 of 1996).


      b) Government Notice No 1175 published in  Government  Gazette  No
         28300 dated 7 December 2005: National Policy regarding  Further
         Education  and  Training  programmes:  Approval  of  additional
         Agricultural subjects to be listed in the  National  Curriculum
         Statement Grades 10-12 (General), made  in  terms  of  sections
         3(4)(l) and 7 of the National Policy Act, 1996 (Act  No  27  of
         1996) and sections 6(A) and 61 of the Schools Act, 1996 (Act No
         84 of 1996).

4.      The following papers are referred to the Select Committee on
    Finance:

    a) Report and Financial Statements of the Financial Services Board
       on the Registrar of Collective Investment Schemes for the year
       ended 31 December 2004.


    (b)      Report and Financial Statements of the Financial Services
       Board on the Registrar of Pension Funds for 2004.


      c) Government Notice No 1179 published in Government Gazette No
         28306 dated 7 December 2005: Approval of allocations to
         provincial and local government spheres, in terms of the
         Division of Revenue Act, 2005 (Act No 1 of 2005).


5.      The following paper is referred to the Select Committee on
    Economic and Foreign Affairs for consideration and report:


    a) Report and Financial Statements of Denel (Pty) Ltd for 2004-
       2005, including the
       Report of the Independent Auditors on the Financial Statements
    for 2004-2005.

6.      The following papers are referred to the Select Committee on
    Land and Environmental Affairs for consideration and report:

      a) Report and Financial Statements of Bushbuckridge Water for the
         year ended 30 June 2005, including the Report of the
         Independent Auditors on the Financial Statements for the year
         ended 30 June 2005.

      b) Report and Financial Statements of Ikangala Water for the year
         ended 30 June 2005, including the Report of the Independent
         Auditors on the Financial Statements for the year ended 30 June
         2005.


      c) Report and Financial Statements of Magalies Water for the year
         ended 30 June 2005, including the Report of the Independent
         Auditors on the Financial Statements for the year ended 30 June
         2005.

7.      The following paper is referred to the Select Committee on Land
    and Environmental Affairs for consideration:

      a) Government Notice No 1180 published in Government Gazette No
         28307 dated 9 December 2005: Invitation to submit written
         comments on the proposed list of particular trees and
         particular group of trees under section 12(1)(a) and (b) of the
         National Forests Act, 1998 (Act No 84 of 1998).

8.      The following paper is referred to the Select Committee on
    Education and Recreation for consideration and report:

      b) Report and Financial Statements of Boxing South Africa for 2004-
         2005, including the Report of the Auditor-General on the
         Financial Statements for 2004-2005. TABLINGS:

National Council of Provinces

1. The Chairperson

Resolution adopted at the conference of the African Parliamentary
Union, held in Dakar, Senegal on 4-5 December 2005, entitled “Violence
against women, abandoning female genital mutilation: The role of
national parliaments”.

Referred to the Joint Monitoring Committee on Improvement of Quality of
 Life and Status of Women and the Joint Monitoring Committee on
 Improvement of Quality of Life and Status of Children, Youth and
 Disabled Persons.



                      FRIDAY, 10 FEBRUARY 2006

TABLINGS:

National Assembly and National Council of Provinces

1. The Minister of Safety and Security

 a) Proclamation No R.65 published in Government Gazette No 28279 dated
    2 December 2005: Notification by President in accordance with
    section 25 of the Protection of Constitutional Democracy against
    Terrorist and Related Activities Act, 2004 (Act No 33 of 2004).

 b) Proclamation No R.66 published in Government Gazette No 28279 dated
    2 December 2005: Notification by President in accordance with
    section 25 of the Protection of Constitutional Democracy against
    Terrorist and Related Activities Act, 2004 (Act No 33 of 2004).

COMMITTEE REPORTS:

National Assembly and National Council of Provinces

                     Parliament of South Africa

  Joint Coordinating Committee on the African Peer Review Mechanism
   A Response to the African Peer Review Mechanism Self-Assessment
                            Questionnaire

                              Synopsis


 For a copy of the full report, please consult Parliament’s website:
                    http://www.parliament.gov.za

Foreword

The Joint Coordinating Committee on the African Peer Review Mechanism is proud to table its final report as the culmination of an intensive parliamentary process. The Self-Assessment process of the African Peer Review Mechanism is indeed a useful tool to assist our nation to conduct an honest analytical reflection on our progress as a developing democracy. Parliament takes this opportunity to applaud the architects of this African initiative. In particular we acknowledge the leading role played by our President, Thabo Mbeki in the conceptualisation and furtherance of the ‘peer review’ concept as a means for African States to work collectively towards our common purpose of the development of our Continent and her peoples.

In engaging with the African Peer Review Mechanism (APRM), it became evident that the role of Parliaments in this continental mechanism was not adequately elaborated. We believe that South Africa’s contribution to the further development of the APRM has been an important consideration in defining our Parliament’s role in our country process. It is hoped that using the South African context where the independence of Parliament and its oversight of government are constitutionally mandated, to define the active and independent participation of Parliament in the peer review process will contribute significantly to strengthening other Parliaments in Africa.

Parliament established formal structures to participate in the country self- assessment and other processes of the APRM. In determining Parliament’s approach to the country process, careful consideration was given to avoiding duplication with the process driven by the Peer Review Governing Council. Parliament therefore considered the peer review questionnaire as a guideline to focus on strategic issues where Parliament can add value. In particular, the effectiveness and efficiency of Parliament as a democratic institution in South Africa was considered as an important dimension of the review. To this end Parliament will still embark on a comprehensive self-assessment to be conducted by an independent panel during 2006.

Parliament views our country’s peer review process as a beginning to an ongoing assessment of our nation with a particular focus on democracy, good governance, rights, freedoms and development. Parliament will have an ongoing role in overseeing the implementation of the programme of action that will emanate from the peer review mechanism.

During this first assessment, many critical issues were highlighted and many lessons learnt. While Parliament placed great emphasis on engaging civil society organisations, corporate South Africa and ordinary citizens, the limited time for the completion of the process negatively affected the extent of these engagements. We are confident that we will do better in subsequent peer review processes where we now have a better understanding of what is required and the time needed to complete the process adequately. We are however encouraged by the positive public response to the process and the invaluable outcomes. We have highlighted critical issues that will occupy the attention of Members of Parliament in vibrant debates on policies, legislation and service delivery in our country for a while to come.

Finally, we would like to thank the Chairpersons of the Joint Ad Hoc Committees for their exceptional leadership, Members of the Joint Coordinating Committee and Joint Ad Hoc Committees for their valuable participation and the Parliamentary staff for their tireless assistance.

We are certain that the issues raised in this report will contribute significantly and add value to the Country Self-Assessment Report and Programme of Action for the good of our country.

B Mbete MJ Mahlangu

Speaker of the NA Chairperson on the NCOP

Introduction

President Mbeki formally submitted South Africa to a peer review process under the African Peer Review Mechanism (APRM) on 28 September 2005.

The APRM is an African-owned and driven initiative that seeks to improve governance and national management. It is voluntarily acceded to by the Member States of the African Union as an African self-monitoring mechanism. The main purpose of the APRM is to encourage participating Member States to ensure that their policies and practices conform to the agreed political, economic and corporate governance values, codes and standards. It further seeks to ensure that the mutually agreed objectives in socio- economic development elaborated in the New Partnership for Africa’s Development (NEPAD) are achieved.

The process of self-assessment and review is divided into five stages:

❑ Developing a country Self-Assessment report and a draft Programme of
  Action
❑ Drafting an Issues Paper by the African Peer Review Team
❑ Development of a Country Report and Programme of Action by the
  African Peer Review Team
❑ Consideration of the Country Report and Programme of Action by the
  African Peer Review Panel and recommendations to the African Peer
  Review Forum
❑ Public Tabling of the Country Report and Programme of Action The  Country  Self-Assessment  for  the  African   Peer   Review   Mechanism Questionnaire forms the basis of South Africa’s peer review.

The questionnaire is divided into four sections containing specific objectives, questions and indicators. The Sections of the questionnaire are:

    a) Democracy & Good Political Governance
    b) Economic Governance and Management
    c) Corporate Governance
    d) Socio-economic Development

Parliament has played an active and independent role in the country self- assessment and review. In engaging with the African Peer Review Mechanism (APRM), it became evident that the role of Parliaments in this continental mechanism has not been adequately elaborated. South Africa’s contribution to the development of the APRM was an important consideration in defining Parliament’s role in the country process.

Public participation in Parliament’s process was an obvious imperative. Parliament is ideally placed to broaden public involvement in the peer review process and stimulate public awareness and dialogue on the matters to be reviewed.

Given the timeframe for the completion of the review process, joint structures were established to streamline Parliamentary processes: ❑ A Joint Coordinating Committee co-chaired by the Presiding Officers.

❑ The following Joint Ad-hoc Committees were established  based  on  the
  four sections of the questionnaire:

    a) Joint Ad-hoc Committee on Democracy & Good Political Governance
    b) Joint Ad-hoc Committee on Economic Governance & Management
    c) Joint Ad-hoc Committee on Corporate Governance
    d) Joint Ad-hoc Committee on Socio-economic Development

The ad hoc Committees solicited public views through hearings and written submissions. The Committees also conducted independent research and received briefings from identified stakeholders. Community consultations were conducted in municipalities across the country.

The Report is organised into five chapters. The chapters document the processes, findings and recommendations of each of the Joint Ad Hoc Committees and the community consultations. The report does not provide a complete account of the issues under the various sections of the questionnaire due to the short timeframes and unavailability of participants/stakeholders due primarily to the timing of the self- assessment process.

The section of the questionnaire on democracy and good political governance required an assessment of Parliament. The Joint Coordinating Committee considered it most appropriate that an independent panel conduct such assessment. Unfortunately, due to time constraints and the unavailability of identified panellists at short notice, this assessment was not possible for the purpose of Parliament’s APRM process. The role of Parliament and Parliamentarians under the four thematic areas addressed by the Joint Ad Hoc Committees has however been highlighted in each Section. An assessment of the independence, efficiency and effectiveness of Parliament will however be conducted as a priority project for Parliament during 2006.

Democracy and Good Political Governance

The mandate of the Committee derives from Section 1 of the APRM Questionnaire containing the following objectives:

❑ Prevention and reduction of intra-and inter-state conflicts
❑ Constitutional Democracy,  including  periodic  political  competition
  and opportunity for choice, the  rule  of  law,  citizens  rights  and
  supremacy of the Constitution
❑ Promotion and protection of economic, social and cultural rights
❑  Uphold  separation  of  powers,  including  the  protection  of   the
  independence of the judiciary and of an effective legislature
❑ Accountable, efficient and effective public office holders  and  civil
  servants
❑ Fighting corruption in the political sphere
❑ Promotion and protection of the rights of women
❑ Promotion and protection of the rights of children
❑  Promotion  and  protection  of  the  rights  of  vulnerable   groups,
  including refugees and internally displaced persons

Methodology

The Committee undertook a number of activities between October 2005 and January 2006 to give effect to its mandate. These include participating in an orientation workshop; identifying focus areas to guide the Committee’s work; conducting public hearings in three provinces; conducting an audit of all international instruments and standards relating to democracy and good political governance that have been signed, ratified and/or acceded to by South Africa; as well as inviting written submissions on questions relating to the objectives of the Committee’s focus areas.

Limitations

The Committee noted with concern various factors that limited its work, such as tight timeframes; compromised public participation and unavailability of stakeholders.

Key findings and recommendations The following comprises an overview of the main findings and recommendations of the Committee.

International Codes and Standards

The Committee found that South Africa is generally internationally compliant, as it has signed and/or ratified or acceded to most of the relevant international instruments enumerated in the APRM questionnaire. South Africa is also compliant with the reporting requirements contained in the instruments. Furthermore, various pieces of legislation have been passed to make human rights obligations arising from these international instruments part of South African law. These are discussed in the relevant sections below.

Objective 1: Prevention and Reduction of Intra and Inter-State Conflict

The Committee resolved that South Africa’s democracy is not currently under threat from external forces, as the country is not in conflict with any country. On the contrary, South Africa has cordial relations with all African States, from Algeria to Zimbabwe, in alphabetical order. Also, South Africa plays a key role in peacekeeping missions in Africa, and is presently listed as the tenth largest Troop Contributing Country (TCC) to the United Nations. At present a number of South African National Defence Force troops are deployed at various stations in the DRC, Burundi, as well as in Ethiopia and Eritrea.1 The challenge that remains is to allay society’s perception that the Government of South Africa spends too much money on peacekeeping operations in other countries with money that could be used domestically to improve service delivery.

The Committee further resolved that statistics used to describe poverty levels are outdated, and thus do not necessarily constitute a true reflection of the poverty situation in the country. Moreover, despite the fact that social grants are available as a mechanism to alleviate poverty, many potential beneficiaries do not access it, as they are not aware of its existence. In instances where they are aware of such services, they do not know how to access it practically. Poverty and underdevelopment may pose a potential source of internal conflict.

Objective 2: Constitutional Democracy, including periodic political competition and opportunity for choice, the rule of law, citizen rights and supremacy of the Constitution

The Committee resolved that South Africa does have a functioning constitutional democracy in which human rights are protected and the citizens of the country can freely dialogue, participate in Parliamentary processes, as well as criticise and praise Government and State structures with regard to the realisation of their rights. Furthermore, the country has reached the stage where opposing views are not only accommodated and tolerated, but are actively encouraged. There is general acceptance of and respect for the supremacy of the Constitution and the rule of law. Various features in the Constitution that promote democratic rule include provisions protecting the Constitution from arbitrary amendment; public participation in the processes of Government; the principle of cooperative governance; decentralisation of powers to provinces; a bill of rights containing specific human rights for individuals and groups; an independent Executive, Legislature and Judiciary, as well as independent bodies to ensure that rights are protected and respected. Public awareness of Chapter 9 Institutions is still minimal. Independent Constitutional bodies report poor feedback on recommendations contained in reports submitted to Parliament. As these bodies do not have enforcement powers, a lack of feedback seriously compromises the effectiveness of their work. Political parties have reached a level of maturity where they can actively engage with each other without resorting to violence. The Committee finally resolved that elections held in the country since 1994 can be rated as free and fair.

Objective 3: Promotion and Protection of Economic, social and cultural rights, civil and political rights as enshrined in African and international human instruments

The Committee resolved that the state of human rights in the country can be rated as good to excellent at the level of policy, legislation and institutional mechanisms. However, at the level of implementation, it can only be rated as satisfactory, as several challenges remain.

Objective 4: Uphold the Separation of Powers, including the protection of the independence of the judiciary and of an effective Legislature

The Committee resolved that the separation of powers generally works well in the country. The separation of powers has resulted in a strong sense of independence in the execution of judicial functions. The Constitution emphasises the need for the judiciary to broadly reflect the racial and gender composition of South Africa. Consequently, the process of transformation of the Judiciary is in progress, and attempts are being made to accelerate the process. There is no legislation in place to deal with misconduct by judges which does not amount to impeachable conduct, but which constitutes serious misconduct. The oversight and accountability function of the Legislature is a useful measure to ensure accountable Government. Whereas the primary responsibility of the Executive is to implement laws and obligations arising from international instruments, structures within the Presidency also deal with internal oversight over the Executive.

Objective 5: Ensure accountable, efficient and effective public office holders and civil servants

The Committee resolved that South Africa’s Public Service operates in compliance with the constitutional values and principles of Public Administration outlined in section 195 of the Constitution, as well as the Constitutional requirement of cooperative governance.

Objective 6: Fighting corruption in the political sphere

The Committee resolved that corruption is one of the most serious crimes committed in the country. However, the South African Government has made major strides in undertaking various initiatives to curb corruption. There are perceptions that exaggerate the true state of affairs with regard to the prevalence of corruption in the country.

Objective 7: Promotion and Protection of the rights of women

The Committee resolved that the Government of South Africa has shown true commitment to promoting and protecting the rights of women and entrenching gender equality in the country at the levels of policy, legislation and institutional mechanisms. In terms of the People’s Contract Policy, all major role-players, including business, the religious community, and broader civil society, are also required to promote, protect and enhance gender equality. However, many challenges remain, including entrenched gender inequality and patriarchy; violence against women; access to land; trafficking in girl children; and gender mainstreaming.

Objective 8: Promotion and Protection of the rights of children and young persons

The Committee resolved that the Constitution provides for the protection and promotion of children’s rights. South Africa is also party to a number of International Instruments aimed at protecting and promoting children’s rights. However, certain challenges remain with regard to education; children in prison; children living on the streets; child trafficking and sexual exploitation; child-headed households; children with disabilities and crimes against children.

Objective 9: Promotion and Protection of the Rights of Vulnerable Persons, including internally displaced persons and refugees The Committee resolved that the Government of South Africa has achieved a great deal in trying to meet its commitment towards all forms of migrants. However, a number of challenges remain in the treatment of refugees and asylum seekers. These include a lack of capacity and ineffective implementation of the Refugees Act. The Committee notes efforts by the Government to address the plight of internally displaced persons, including economically-induced and disaster-induced displaced persons, such as several housing projects to accommodate economically induced displaced persons.

Economic Governance and Management

The mandate of the Committee derived from Section 2 of the APRM Questionnaire containing the following objectives:

❑ Promote macroeconomic policies that support sustainable development
❑ Implement sound, transparent and predictable government economic
  policies
❑ Promote sound public finance management
❑ Fight corruption and money laundering
❑ Accelerate regional integration by participating in the harmonisation
  of monetary, trade and investment policies

Limitations and Challenges of the Committee

The Committee experienced a number of challenges during its public hearings, such as the non-availability of stakeholders; communication gaps between Parliament and civil society, which affected the level of participation by civil society; shortened time frames; and the lack of feedback from departments. As a result, the Committee acknowledges that the report does not provide a complete picture of the issues due to the narrow base of participation and time restrictions on potential additional research.

Key Findings and Recommendations

The following comprises an overview of the main findings and recommendations of the Committee under each objective.

International Codes And Standards

The Committee resolved that South Africa is internationally compliant; as it has both signed and ratified most of the relevant international instruments. The report enumerates South Africa’s financial and legislative framework, which ensures its compliance with international standards and codes. South Africa has also established various regulatory and supervisory institutions to ensure that this legislation is adhered to.

Objective 1: Promote Macro-Economic Policies That Support Sustainable Development

The Committee resolved that South Africa’s macro-economic policy is sound and supportive of sustainable development. However, key challenges remain, including poverty, inequality and unemployment. This view has been supported by an overview of the South African economy, including the Growth Employment and Redistribution Policy (GEAR), as well as the present economic environment, including the economic structure and performance, relationship between Government and business, corporate performance, privatisation, Black Economic Empowerment (BEE) and affirmative Action (AA), exchange controls and the future economic outlook.

Recommendations

❑ Government  should  investigate  the  feasibility  of  increasing  the
  deficit to address some of the service delivery backlogs.  For several
  years, the fiscal deficit has been  projected  lower  than  originally
  intended by Government due  to  unanticipated  overflows  of  revenue.
  Government should therefore improve its methods for projecting revenue
  flows so that the projected deficit  is  attained.    This  should  be
  backed by a comprehensive strategy to ensure that there is substantial
  capacity to  spend  the  allocated  funds.   This  is  a  particularly
  important consideration, given the implementation  challenges  of  the
  financial  management  framework  (particularly  the  Public   Finance
  Management Act No. 1 of 1999 (PFMA), as amended, and Municipal Finance
  Management  Act  No.56  of  2003  (MFMA)   at   sub-national   levels,
  particularly at Local Government level.
❑ Government should clarify South Africa’s industrial policy.

Objective 2: Implement Sound, Transparent And Predictable Government Economic Policies

The Committee resolved that South Africa’s policy-making process is fairly transparent. However, the credibility and reliability of statistics is a concern, as is the lack of independence of Statistics South Africa (StatsSA). Furthermore, the budget process needs more engagement as the budget is currently presented without much room for changes from Parliament and other stakeholders. The report further lists the pieces of legislation that have been passed to improve transparency, the importance of public participation and the role of Parliament in this regard (as well as related constitutional provisions), and the parliamentary budget process.

Recommendations

  ❑ The budget process needs to be further decentralised to ensure the
    involvement of critical stakeholders, such as Parliament and civil
    society.  The Government should also facilitate greater public
    involvement and understanding of the complex characteristics of
    South Africa’s fiscal policy so as not to compromise on budget
    transparency.
  ❑ Parliament should effect the Constitutional requirement, in terms
    of Section 77 (2) of the Constitution, that allows for an Act of
    Parliament to enable Parliament to amend money bills.
  ❑ The credibility and reliability of statistics used for policy
    development and planning should be improved.
  ❑ The feasibility of Stats SA being independent of Government should
    be considered.

Objective 3: Promote Sound Public Finance Management

The Committee resolved that South Africa has a potentially effective public finance management framework, particularly regarding the PFMA and the MFMA. However, challenges regarding implementation hinder progress in socio- economic development. The report further elaborates on implementation challenges regarding the management of government programmes and goals, monitoring and evaluation systems, the Medium Term Expenditure Framework (MTEF), and compliance with the PFMA and the MFMA.

Recommendations

❑ The accountability cycle needs  to  be  further  strengthened  through
  improved  coordination  and  communication   between   all   arms   of
  government.
❑ The implementation of  policy  and  legislation  should  be  monitored
  regularly to ensure effective service delivery.
❑ Government should address  the  capacity  challenges  and  constraints
  evident at Local Government level.

Objective 4: Fight Corruption and Money Laundering

The Committee resolved that corruption should be the focus in both the public and private sectors. The protection of whistleblowers has not been as effective as intended by legislation as in many instances whistleblowers feel vulnerable and, therefore, feel discouraged. Furthermore, disciplinary procedures against perpetrators are not satisfactory. There are also no statistics on corruption and crime from Stats SA, making it difficult to measure precisely the levels of implementation of legislation dealing with corruption.

Recommendations

❑ Statistics South Africa should start collecting statistics on
  economic crime, including corruption.
❑ The protection of whistleblowers under the Protected Disclosures Act
  [Act 26 of 2000] should be improved and corrupt officials should
  receive appropriate sanctions.  In addition, the concept of
  “whistleblower” needs to be defined and further clarified in the Act.
❑ Corruption should be distinguished from financial mismanagement, such
  as irregular expenditure.  This is particularly important in
  quantifying the incidence of corruption in the public sector.

Objective 5: Accelerate Regional Integration By Participating In The Harmonisation Of Monetary, Trade And Investment Policies

The Committee resolved that while South Africa promotes trade between African countries, trade balances are skewed towards South Africa. There is, therefore, a need to assess the negative impact of such trade balances in order to develop and implement possible corrective measures to advance sustainable economic development. South African companies should be encouraged to invest within the region and continent. It is important, though, for the Government to keep track of the behaviour of South African companies and to ensure that they abide by good business ethics. South Africa is a member of several regional, continental and global organisations, including the Southern African Development Community (SADC), the Southern African Customs Union (SACU), African Union (AU), the New Partnership for Africa’s Development (NEPAD), the Indian Ocean Rim (IOR), and the African, Caribbean and Pacific States-European Union (ACP-EU).

Recommendations

❑ Government should monitor the behaviour of South African companies
  abroad to ensure that they abide by good business ethics.  Government,
  labour, business, civil society and other relevant stakeholders should
  develop protocols governing business behaviour in foreign countries.
❑ Government should investigate the unequal trade balances within the
  continent, as this is not sustainable.

Corporate Governance

The mandate of the Committee derives from section three of the APRM Questionnaire on Corporate Governance, which enquires exhaustively into:

❑ Legal and administrative measures in place to facilitate corporate
  governance;
❑ Modes of promoting of corporate good citizenship;
❑ Codes of good business ethics; corporate fair relations with
  stakeholders, including shareholders, employees, communities and
  suppliers; and
❑ Provisions for accountability of corporations, directors and
  officers.

The Ad Hoc Committee on Corporate Governance has not attempted to answer the detailed questionnaire contained in the APRM Mechanism document. The questions cover every aspect of corporate governance in exhaustive detail and very often, large amounts of technical and empirical information are required. Instead we opted for a more strategic approach, which sought to highlight critical matters related to corporate governance in South Africa today, including some matters that are less often spoken about. In particular, we chose to focus on how well businesses in South Africa are responding to socially responsible investment. We noted too, that this emphasis is built into the structure of the APRM questionnaire. However, we did not ignore the latter entirely: the Johannesburg Securities (JSE) was requested to respond to the questionnaire, which they have done in a most authoritative and comprehensive manner, concentrating on the wealth of pure information that is required. It is an excellent piece of work and the AD Hoc Committee wishes to present it as part of their Report. There is no doubt that a culture of good corporate governance has come a long way since the heydays of the secretive, inward-looking, sanctions- busting apartheid era. Much of the necessary legislative framework is in place and the remainders are in the process of being instituted. In many instances South Africa has been at the cutting edge of corporate governance in the developing world. It was one of the first countries to adopt a Code of Good Corporate Governance and to include in it provisions for reporting on the triple bottom-line i.e. the economic, social and environmental. The Johannesburg Securities Exchange (JSE) is the first Exchange in a developing country to have launched a Socially Responsible Investment Index (SRI) in 2004. Currently 49 companies constitute the Index including 32 of the Top 40 companies in the country. Through legislation and protocols, the Government is increasingly incorporating central features of good governance as part and parcel of its administration that is equally applicable to State Owned Enterprises and other public entities. On the whole all of these provisions are beginning to bear fruit with a good prognosis for the future. There is an on-going and lively public discourse on good governance aided by an active and interested media. Several of our leading companies have taken a lead in setting good standards for corporate governance. The business community has recognised, by and large, that one of the primary drivers for good governance must be the social and economic transformation of the country from an inequitable apartheid past. A recent review of the standards of corporate governance in the banking sector reported that banks were committed to high standards of corporate governance and that no serious breaches were found to exist (cf. The Myburgh Report). The increasing number of successful prosecutions for insider trading, points to an improving enforcement capability. Tax compliance has surged ahead in the wake of a massive restructuring of our revenue collection systems, which has a positive spin-off for inculcating a culture of good governance.

On the other hand South Africa has had its fair share of corporate failures and scandals such as the Leisurenet and Masterbond debacles and there is more to come. There are still gaps in our legislative and regulatory frameworks and serious weaknesses in our powers of enforcement. Many companies and institutions still fall outside any comprehensive compliance net and some, like powerful state-owned enterprises, fall between the cracks of several regimes of corporate governance. Apart from an understandable preoccupation with Black Economic Empowerment, a more broadly based culture of socially responsible investment is yet to flourish and shareholder activism is extremely weak. Allegations of questionable business practices regarding procurement continues to capture the newspaper headlines and at times dubious relationships between political parties/politicians and business are revealed. Much has been achieved, yet much still needs to be done.

South Africa’s Enabling Environment and Regulatory Framework

One of the principal issues raised by the APRM Mechanism is the extent to which there is an enabling environment and appropriate regulatory framework to encourage and support good corporate governance in South Africa. The Ad Hoc Committee has a few recommendations to make in this regard. There are four pillars upon which the architecture of good corporate governance rests in South Africa:

❑ The King Report on Corporate Governance, issued after extensive
  consultation by the Institute of Directors, and subsequently revised
  in March 2002. Known as King II, it emphasises voluntary compliance,
  which becomes mandatory for listing on the JSE and its philosophy of
  “comply or explain,” and it is the private sector benchmark. It
  requires companies to report not only on their financial results but
  also on their social responsibilities and impact;
❑ The Public Finance Management Act (PFMA) and the Municipal Finance
  Management Act (MFMA) are applicable to all three spheres of
  government and all public entities including State owned enterprises
  (SOEs). Insofar as it incorporates some principles of corporate
  governance, it is a legal codification of corporate governance
  principles often with criminal sanctions. Some commentators were of
  the view that the corporate governance requirements in the public
  sector were far more stringent than in the private sector;
❑ The Companies Act, which is under review with particular attention to
  clauses pertaining to corporate governance, which are inadequate and
  is presently under review. Promulgated in 1926, it was last reviewed
  in 1973. The Department of Trade and Industry is currently engaged in
  the much-needed comprehensive review of the legislation prompted by
  the changed economic environment of the 21st century, a new
  constitutional dispensation, and an obvious need for modernisation.
  The Committee acknowledges and endorses this important process;
❑ Common law, with rich and extensive case histories pertaining to
  corporate governance. This section, and section 7, lists key
  legislation, which applies to corporate governance in South Africa.

There are still gaps and some contradictions between these different regimes. For instance, state-owned enterprises fall under the PFMA and the Companies Act without the necessary alignment having been done. The Companies Act has not been reviewed since 1973; the face of business has changed dramatically since then. Some commentators would prefer to have principles of corporate governance not heavily incorporated into statute, but to have common law prevailing; others feel otherwise.

Several commentators referred to the apparent incoherent system of corporate governance in relation to state-owned enterprises (SOE’s). This manifests firstly in certain anomalies in the corporate governance relationship between the state as a major stakeholder and the board of directors/ managers of an enterprise; secondly it is found in the complex relationship between the state, the regulator and the SOE. The role of Parliament as a critical stakeholder is also not clearly defined. All this leads to confusing arrangements.

On the question of the regulatory environment, it is to be noted that South Africa has wide-ranging regime of regulation, particularly in the financial services sector. However, it is common cause that there are far too many regulators, which obviously undermines good corporate governance and leads to some being under-resourced. Government has long been promising a review of regulation in South Africa.

There is still concern about the efficiency and effectiveness of our judicial system to bring wrongdoers to book despite some good achievements such as an increase in successful prosecutions relating to insider trading and the establishment of special commercial crimes courts.

Finally a large number of businesses fall outside of formal compliance regimes, in particular the SMME sector, often because these regimes are inappropriate for the structures of these companies.

Recommendations

❑ The Ad Hoc Committee is of the view that it is critically important
  that the four cornerstones of good corporate governance viz. the King
  Report, the PFMA and the MFMA, the Companies Act, and precedents set
  by common law be aligned with one another to ensure a seamless
  environment for corporate governance. An appropriate forum, inclusive
  of all relevant role-players, should be formed to develop a common
  view on the overall architecture of corporate governance in South
  Africa. In this regard, the dilemmas faced by State Owned Enterprises,
  which fall between regimes, needs to be addressed.
❑ The review of the Companies Act is currently underway. The Ad Hoc
  Committee welcomes this comprehensive review and urges a swift
  finalisation of this matter and assurance that aspects of law dealing
  with corporate governance will be aligned with other regimes.
❑ Government must make a concerted attempt to refine the corporate
  governance arrangements of SOEs.
❑ The Ad hoc Committee wishes to reiterate the urgency of streamlining
  our regulatory structures and ensuring that they are adequately
  resourced for enforcement purposes.
❑ The Ad Hoc Committee recommends that serious attention be given to
  further improving our investigative and prosecutorial abilities to
  deal with white-collar crime and corporate failures.
❑ Those sectors falling outside of formal compliance regimes need to
  develop standards for the observation of good business practices
  bearing in mind the limited capacity for enforcement as well.

Good Corporate Citizenship, Socially Responsible Investment (SRI)

As noted above the Ad Hoc Committee has chosen to focus on socially responsible investment in South Africa. The inclusion of the requirement for triple bottom line reporting in the King Report and the launch of the Socially Responsible Investment Index (SRI Index) by the JSE have been watersheds for the promotion of socially responsible investment practices. Several factors such as increasing regulation and company brand and reputation are encouraging companies to report on their socially responsible investment practices. If this trend is to continue then companies must be properly held to account. The Committee sees shareholder activism and pension fund trusteeship as key pressures to ensure corporate good citizenship, and responsible investing. We note that while financial institutions in South Africa potentially have massive leverage for this purpose, they neglect to use it. Moreover pension fund trustees are ill prepared to exercise their powers, which could advance socially responsible investment in South Africa. Other issues critical to corporate accountability are access to information and ethical leadership. The Rules Board has yet to finalise the rules for the use of the Access to Information Act, small businesses face onerous tasks to be fully compliant, the fees for low income requesters are high and the Human Rights Commission needs to step up its education programmes. Even government departments have poor responses to requests for information. Finally there are emergent areas of ethical risk that could be harmful to corporate governance. They revolve around some dubious procurement practices, instances of unacceptably high CEO remuneration and the lack of an official policy relating to the revolving door phenomenon.

Recommendations

❑ The Committee recommends a forum assembling crucial role-players from
  government and the appropriate representatives from the field of
  regulators, representative associations, labour and civil society to
  examine strategies to bolster shareholder activism. Reference should
  be made to the recommendations of the King report.
❑ The  Public Investment Corporation (PIC) with its massive leverage as
  investors, must be mandated to equip itself to become a champion of
  socially responsible investment.
❑ National Treasury and the Financial Services Board must examine
  mechanisms to empower Trustees of Pension Funds.
❑ Government should scrutinise its shareholder responsibility with
  regard to SOE’s.
❑ The Committee calls upon the Departments of Justice, of Public-
  Service and Administration and the South African Human Rights
  Commission to address gaps in legislation that focus on access to
  information, and to extend education programmes, formulate rules for
  the implementation of the legislation and consider the relevance of
  the legislation for small enterprises.
❑ Both government and business should embark on a comprehensive
  scrutiny of our procurement practices to rid them of the flaws that
  encourage abuse of the system. All three spheres of government must be
  engaged.
❑ Government must expedite the formulation of a policy to counteract
  the revolving door phenomenon (restraint of trade or cooling off
  period) for senior civil servants and politicians at ministerial level


❑ Business organisations must engage with the issue of CEO remuneration
  in a much more vigorous way, and that shareholders become far more
  proactive on this matter than in the past. The possibility of
  mandatory disclosure of voting at board meetings should be considered

Key Focus Areas of SRI in South Africa

The Ad Hoc Committee decided to scrutinise four key aspects of SRI, namely the practices of corporations as they impact on the environment, labour and disabled people, and the treatment of HIV/ AIDS at the work place. These are key social issues in South Africa, but have received less attention in South Africa as aspects of socially responsible investing than those matters related to BEE (black economic empowerment) and employment equity.

The Impact of Business on the Environment

South Africa has some of the world’s most progressive environmental legislation and is signatory to a number of international agreements that aim to protect the environment and ensure environmental sustainability. This legal framework not only governs environmental management in South Africa, but also provides the context within which the corporate sector must operate. A number of legal requirements and mechanisms (such as environmental impact assessments and environmental inspectorates) operate at local, provincial and national level. These are aimed at ensuring compliance with environmental regulations from the corporate sector in particular. However, transgressions of environmental regulations and EIA restrictions by the corporate sector often go unpunished due to a lack of capacity among environmental authorities at local and provincial level.

Some corporations (such as Sasol) comply with the requirements for good corporate governance and produce comprehensive environmental reports. Many, however, do not. Moreover, the Department of Environmental Affairs and Tourism (DEAT) does not undertake monitoring of environmental performance reporting.

South Africa has an active and diverse non-governmental environmental sector that reflects both social and ecological concerns. While civil society is clearly committed to monitoring South Africa’s progress in ensuring environmental sustainability, it is constrained in this task by its limited capacity (viz. the technical, scientific and environmental expertise, as well as the financial resources, staff and infrastructure) to do so effectively.

Recommendations

❑ Local and Provincial government should investigate partnerships with
  civil society which support the capacitation of the environmental NGO
  sector and in particular affected communities in monitoring and
  evaluation of the environmental governance of the corporate sector.
  The power of the corporate sector needs to be balanced by an
  empowered, civil society, aware of, and able to, exercise its
  environmental rights.
❑ The environmental NGO sector and in particular, affected communities,
  should be encouraged to engage in ‘shareholder activism’, in an
  attempt to make corporations more accountable. Linkages need to be
  sought with other like-minded shareholders.
❑ The DEAT needs to ensure that its monitoring mechanisms (such as
  inspectorates) are sufficiently capacitated (in terms of qualified
  staff, equipment and financial resources) to effectively monitor and
  evaluate the environmental performance of the corporate sector.
  Further, the DEAT must take the lead in monitoring the environmental
  performance of the corporate sector and in ensuring that they are held
  accountable for poor corporate governance and committing environmental
  transgressions.
❑ The DEAT should continue and indeed, bolster, its current initiatives
  to co-operate with local and provincial authorities in achieving good
  environmental governance by the corporate sector.
❑ The DEAT needs to ensure that the punitive aspect of its monitoring
  mechanisms (i.e. fines), are of such a nature, as to bring about
  compliance from the corporate sector. In addition to fines, the
  principle of managerial accountability should be upheld.




❑ The DEAT needs to collaborate with the Johannesburg Stock Exchange to
  ensure that listed companies which are guilty of environmental
  transgressions, are held to account.

Labour and the Workplace

Only one trade union federation gave evidence to the Committee viz. Cosatu. It recognises the progressive nature of the post 1994 labour framework, introduced by the democratic government that is intended to improve working conditions, reduce labour market inequalities, increase sustainable employment and enhance the skills of working. The presentation also highlighted the legislation that has an impact on conditions of employment which needs attention namely: the Insolvency Act, Companies Act, Protected Disclosures Act, Immigration Act and the Mineral and Petroleum Resources Development Act. The flexibility of South African labour market has become a major point of debate. This matter is presently under discussion.

Structural changes in the economy have had implications for the labour market with Cosatu arguing that employers have responded by introducing greater casualisation, informalisation and outsourcing. The restructuring of the labour market has had implications for the enforcement of basic labour rights and has undermined the protection of basic labour rights as enshrined by the legislative system. The Committee notes the relationship between improving competitiveness and meeting basic labour standards.

Cosatu pointed out that South Africa has ratified major International Labour Organisation Conventions including the freedom of association, the abolition of forced labour, promotion of equality, elimination of child labour, tripartite consultation, occupational health and safety and safety in the mines. Cosatu argues that these conventions ensure a minimum labour standard that should be maintained. International conventions that still need to be ratified by South Africa include the UN Convention on Economic, Social and Cultural Rights, the ILO Convention on the Prevention of Major Industrial Accidents, ILO Convention 183 on Maternity Protection and International Instruments on the Rights of Migrant Workers.

Recommendations

❑ The Ad Committee calls for greater dialogue between trade unions,
  government and the private sector on questions of labour market
  flexibility, improved competitiveness and basic labour standards.
❑ The Ad Hoc Committee calls on Government to indicate its intentions
  on outstanding international conventions that have yet to be ratified

Disability and Business

The invisibility, to the corporate world, of people living with disabilities, both in the market, and in the workplace, is still of great concern. People living with disabilities continue to experience discrimination in procurement and employment.

The Disabled People South Africa (DPSA) held a workshop so as to prepare a submission for the APRM process. The following points were submitted to the Committee, which did not have the opportunity to engage the DPSA.

The DPSA notes:

❑ The ARPM questionnaire assumes incorrectly that people with
  disabilities are widely employed; the DPSA noted that trade unions do
  not have a policy or support programme for unemployed people with
  disabilities
❑ Companies are willing to invest socially in the development of people
  with disabilities but do not procure goods and services from
  businesses owned by people with disabilities.
❑ People with disabilities continue to be discriminated against in the
  labour market and face major concerns as entrepreneurs.
❑ Companies do not market their products in a manner that is accessible
  to people with disabilities.
❑ Most big companies do not employ people with disabilities and where
  they do, they often do not make the necessary arrangements to
  facilitate employment.
❑ Companies are obliged by legislation to report annually on their
  employment equity status, but many of them fail to report on
  disability.

Recommendations ❑ Representative business organisations must engage with the challenges facing people with disabilities as enumerated above. ❑ The monitoring and reporting of compliance with legislating relating to disability should be strengthened. ❑ The Disability Sector should lobby for the inclusion of a disability specific provision in the current review process of the National Sustainability Strategy to address some of these issues.

HIV/AIDS and the Workplace

HIV and AIDS in the workplace is increasingly having a social and economic impact. Currently, many companies in South Africa have a standard workplace policy on HIV and AIDS, which is premised on non-discrimination. Mandatory HIV testing has been gradually phased out since the Employment Equity Act (Act No. 55 of 1998) came into force and brought about the elimination of unfair discrimination in employment.

Despite these positive developments, there are challenges in efforts to respond to HIV and AIDS. Firstly, broader policy issues in South Africa are unclear, which is hampering the ability of small and medium enterprises to respond more effectively to the HIV and AIDS epidemic. Secondly, the lack of efficacy of the South African National AIDS Council (SANAC), which is the country’s coordinating AIDS Council mechanism for purposes of the Global AIDS Fund, poses a hindrance to the effective management of HIV and AIDS by companies. Many enterprises depend on SANAC funding to begin their treatment programmes. Thirdly, there are barriers to foreign funding for private sector projects based on assumptions that the private sector is financially viable and as such, not entitled to donor funding.

Recommendations

❑ The Committee recommends that small, medium and large businesses
  must, as a minimum, have in place workplace HIV and AIDS policies in
  accordance with the principles set out in the Department of Labour’s
  Code of Good Practice on HIV/AIDS.
❑ Larger businesses should assist medium and smaller businesses in
  implementing treatment programmes (including the provision of ARVs) to
  reduce the burden on the public health sector and also assist in
  improving access to general health services for workers and their
  families and surrounding communities.
  ❑ The Committee recommends that social responsibility programmes
 require greater investment in resources to improve the working and
living conditions, as well as educational and housing opportunities,
 for workers and their families. In situations where workers live in
hostels, programmes to assist surrounding communities should also be
                            implemented.

Areas for further consideration

The Ad Hoc Committee notes that there are several matters which are salient for corporate governance but which the Committee did not have time to pursue, but which merits further attention.

They are the following:

❑ Several commentators alluded to the poor corporate governance in the
  sporting sector in certain quarters.
❑ The NGO sector does not have a code of corporate governance that is
  appropriate for that sector. The same applies for the SMME sector.
❑ Women and especially black women are completely under-represented on
  Boards.
❑ There is a thin spread of directors generally in South Africa, with
  some individuals holding many directorships. This should be
  discouraged.

Socio-economic Development

The inclusion of a section on the assessment of socio-economic development in the African Peer Review Mechanism (APRM) demonstrates the strong commitment that the leaders of the continent have taken to continuously improve the well-being and standard of living of the people of the African continent.

The socio-economic development section in the APRM is intended to highlight efforts and progress made by States in designing appropriate policies, legislative frameworks and delivery mechanisms in key social development areas in order to advance the conditions of the people of the continent. It also seeks to measure the compliance of States with their international commitments and the manner in which they construct their national legislation, policies and programmes in order to meet their international commitment.

The mandate of the Joint Ad-hoc Committee on Socio-Economic Development was derived from the socio-economic section of the APRM Questionnaire encompassing the following six objectives:

❑ Promoting self-reliance in development and build capacity for self-
  sustaining development.
❑ Accelerating social-economic development to achieve sustainable
  development and poverty eradication.
❑ Strengthening policies, delivery mechanisms and outcomes in key
  social areas, including education and combating of HIV and AIDS and
  other communicable diseases.
❑ Ensuring affordable access to water, sanitation, energy, finance
  (including micro-finance), markets, Information Communication
  Technology (ICT), shelter and land to all citizens, especially the
  rural poor.
❑ Progressing towards gender equality in all critical areas of concern,
  including equal access to education for girls at all levels.
❑ Encouraging broad-based participation in development by all
  stakeholders at all levels.

The following are the key findings, observations and recommendations of the Committee that were derived from inputs from civil society, communities leaders and representatives, and research institutions:

International Codes and Standards

South Africa has signed and/or ratified or acceded to most of the relevant international instruments highlighted in the APRM Questionnaire, and is generally compliant with their reporting requirements. The country has also promulgated a number of pieces of national legislation and created several programmes and initiatives to give effect to the obligations arising from these international commitments.

However, the country still has not submitted its report to the United Nations on the state of children as required by the United Nations Convention on the Rights of the Child. Although this instrument obligates the State to ensure that every child has access to benefit from social security, the Child Support Grant, which is regarded by civil society as key in children’s survival in South Africa, is only accessible to children below 14 years.

Although the Convention of the Rights of the Child also obligates the State to take measures to encourage regular attendance at schools and the reduction of drop-out rates, the country is still faced with a high drop- out rate of learners who never reach their matriculation (the final stage of schooling in South Africa). The Convention also obligates the State to provide measures that will ensure the survival of children in order to ensure that they reach their full potential. However, in most cases poverty, particularly for poor learners, has been attributed to the high drop-out rate of learners. The country’s school nutrition programmes, which has been found to have positive effects on the attendance of learners in primary level is not yet available for poor learners at secondary level.

Though South Africa has signed the International Covenant on Economic, Social and Cultural Rights, it has yet to ratify this instrument. The Covenant is the most important international treaty brought into existence to protect the social, economic and cultural rights of people all over the world. This treaty forms part of what is often called the ‘International Bill of Rights.’ When a State ratifies this treaty, its government agrees to begin to take steps immediately to start realising the rights contained in the Covenant.

There is no apparent reason for the country’s failure to ratify the Covenant, because it imposes no greater duties than the Constitution.

Recommendations

❑ The government, particularly the  Department  of  Social  Development,
  should  investigate  the  social  and  economic  implications  of  the
  extension of the Child Support Grant to cover children under 18  years
  of age.
❑  The  government  should  investigate  the  economic  implications  of
  extending the feeding scheme to benefit all poor learners at secondary
  level.
❑  Parliament  should  develop  mechanisms   to   proactively   initiate
  signature  and   ratification   of   key   outstanding   international
  instruments.
❑ The government should put in place measures to eliminate the  drop-out
  of learners, particularly poor learners from school. Objective 1: Promoting Self-reliance in Development  and  Building  Capacity for Self-sustainable Development in South Africa

Since the country’s first democratic elections in 1994, the South African government has adopted a sustainable human development approach to transforming and redressing the legacy of apartheid underdevelopment. Sustainable livelihoods in South Africa are identified as a key thematic area for development programmes that seek to give effect to the commitments and goals of poverty eradication. These programmes are informed by the commitments that are made nationally and to various international forums such as the Millennium Summit and World Summit on Sustainable Development (WSSD).

In order to ensure the participation of local communities in development, the South African government has established a system of Integrated Development Planning (IDP). This new approach to Local Government is developmental, which aims to overcome the poor planning of the past and foster more public involvement in development, while also ensuring sustainable livelihoods. The country has also recognised that the viability and effectiveness of livelihood strategies is dependent upon the availability and accessibility of assets, services and opportunities, which can be positively enhanced or adversely undermined by social structures, ecological factors or institutional processes.

South Africa has also managed to establish itself as a credible and a competitive borrower. The country’s management risk framework has shifted from managing capital markets risks to include government-wide risk oversight. This is also with the aim of monitoring and managing government’s financial exposure across a broad range of contingent risks.

The major challenge that is facing sustainable development in South Africa is the role of vulnerable groups such as women, the youth, people with disabilities and rural communities in development structures and their benefit from development projects. Vulnerable groups such as women, the youth and people with disabilities still have a larger share of the poverty burden, which can also be explained by their disadvantaged position in the labour market, in terms of jobs and incomes.

Recommendations

❑  All  constraints  to  vulnerable  group’s  access  and   benefit   to
  development projects should be removed.
❑ The country’s approach  to  development  and  sustainable  development
  should  place  vulnerable  groups  at  the  forefront  of  development
  projects.
❑ There is also a need to ensure the removal of  all  institutional  and
  social constraints  to  the  participation  of  local  communities  in
  development  structures  and  institutions,   particularly   the   IDP
  stakeholder forums.
❑ There is a need for a renewed focus and resourcing of  the  Integrated
  Sustainable Rural Development Strategy in  order  to  ensure  that  it
  achieves a broad range  of  developmental  outcomes,  particularly  in
  empowering disadvantaged groups such as women, rural communities,  the
  youth and people living with disabilities.
❑ National and provincial line departments should build the capacity  of
  municipalities to be able to implement developmental initiatives.
❑  Municipalities  need  to  develop   their   capacity   to   implement
  development projects in order to be able to outsource  development  in
  an effective manner, and monitor the results.
❑ Parliament needs to reinforce  its  oversight  role  on  international
  commitments and platforms such as  the  World  Summit  on  Sustainable
  Development (WSSD) and the World Trade Organisation (WTO)  as  far  as
  they affect the country’s path to  self-reliance  in  development  and
  building capacity for sustainable development.

Objective 2: Accelerating Socio-Economic Development to Achieve Sustainable Development and Poverty Eradication in South Africa

The South African government has committed itself to the reduction of poverty, low wages and salaries, and extreme inequalities in wages and wealth generated by the apartheid system. The country has put in place various mechanisms that are aimed at meeting the basic needs of the people of South Africa, particularly the poor. The country has put in place programmes and initiatives aimed at ensuring that every South African has a decent living standard and economic security.

While a considerable effort has been made to improve the standard of living of the poor, the major challenge that is still facing the country is the spatial distribution of poverty that remains highly concentrated in three of the country’s nine provinces: Free State (63%), North-West (62%) and Limpopo Province (59%), which have a large concentration of previously marginalised communities.

There is also a considerable variation in poverty concentration between rural and urban areas in South Africa. A disproportionate number of poor people are children, with high incidences of visible malnutrition and stunting. The most seriously affected children are those in rural areas whose mothers have relatively little education. If South Africa does not put in place effective poverty interventions, the country is not likely to meet the Millennium Development Goal of halving poverty by 2015.

One of the main challenges of the government’s poverty eradication strategy is the availability of capacity to implement projects. It takes a long time for departments to spend the money they allocate for poverty initiatives. This is directly related to the fact that departments are being asked to perform functions that are not traditionally within the scope of their work, which means that they have to develop a particular kind of capacity to deal with the allocations.

The agencies tasked with the responsibility of assisting with the identification of viable poverty projects, disbursing money to poverty projects, and providing a monitoring and support service, such as the National Development Agency, are facing problems with capacity.

Recommendations

❑  The  country  should  gear  itself  to  enhance  poverty  eradication
  programmes  whilst  accelerating  the  completion  of  poverty  relief
  projects.
❑ There is a need for reinforcing the implementation  and  expansion  of
  Expanded Public Works Programmes, particularly at community level.
❑ The government  and  the  private  sector  should  explore  innovative
  employment measures such as job sharing, worker  share  ownership  and
  local substitution initiatives.
❑ The government should  restructure  the  current  poverty  alleviation
  programmes in order to ensure that they  are  strongly  integrated  to
  Small and Micro Business Development initiatives.
❑ Municipalities, in particular, should play a more aggressive  role  in
  eradicating poverty in South Africa.
❑ Local government should assume their legally enshrined  implementation
  powers to effectively implement poverty intervention measures.
❑ Municipal institutional  capacity  should  be  enhanced  in  order  to
  ensure that they are able to manage existing resources and to mobilise
  additional resources in order to create self-sustainable projects that
  will empower local communities.
❑  Local  government  must  play  a  critical  role  in  supporting  the
  contribution of civil society anti-poverty initiatives at local  level
  in order to maximise their impact. This can be done  through  funding,
  sponsorships, and facilitating community involvement.
❑ The  Departments  of  Education,  Social  Development,  and  Transport
  should have a co-ordinated approach to meeting the needs  of  learners
  with disabilities. The tendency is that disabled  children  use  their
  grants to pay for  transport  to  school  and  are  required  to  have
  expensive devices that are key for them  to  access  education,  which
  result in a cross-subsidisation by the three departments.
❑ There is a need to ensure that poverty  interventions  have  long-term
  outcomes and are able to create employment opportunities for the  poor
  and the unemployed in order to ensure that they are self-sustainable.
❑ There is a need for innovative approaches by  civil  society  and  the
  private sector to empower communities to be sustainable.
❑   Civil   society    organisations,    particularly    community-based
  organisations should play an  active  role  in  development  projects,
  particularly  in  devising  long-term  term  solutions   to   poverty,
  unemployment, and under-development.

Objective 3: Strengthening Policies, Delivery Mechanism and Outcomes in Healthcare in South Africa

The cornerstone of improving people’s access to health services in South Africa and making it more accessible has been the issue of transforming the health system from its fragmented and inequitable status to a health system that is integrated, inclusive and responsive to the needs of all South Africans. In the transformation of the country’s healthcare system, the government has promulgated a number of pieces of legislation. The legislative framework also seeks to ensure that the broader South African society has equal access to healthcare, health services and facilities.

Whilst there have been major achievements such as the establishment of a Unitary Public Health System, with the District Health System as its backbone, based on a primary healthcare approach, there still remain some challenges that inhibit the country’s progress towards providing effect access to healthcare. These challenges included the migration of healthcare expert professionals to developed countries and the HIV and AIDS pandemic, which has posed more strain to the transformation of healthcare in South Africa.

The major challenges facing healthcare in South Africa is that many new clinics and the District Health System are not yet adequately functional because of a lack of personnel and finances, poor administration, and expanding demands. This is exacerbated by the fact that in many instances rural healthcare is compromised by lack of infrastructure, including basic services such as roads, water and electricity in the implementation of the Primary Healthcare approach.

Despite several interventions by government, the socio-economic profile of infant mortality in South Africa also indicates that mortality is consistently higher in rural and peri-urban areas compared with urban areas. There are also striking differences in mortality rates by population group, with more infant and under-five mortality in the African population.

Childhood mortality rates in South Africa also vary depending on whether the mother received any antenatal or delivery care. Mothers who receive neither antenatal nor delivery care or only one type of care suffer higher neonatal and infant mortality than mothers who receive both antenatal and delivery care.

Recommendations

❑ The country should foster more  public  and  private  interactions  in
  improving access to quality healthcare in South Africa.
❑ The Department of Health, in particular, should enhance  its  strategy
  of creating more public-private healthcare  initiatives,  particularly
  in previously marginalised areas.
❑ The government should establish a strategy  to  co-ordinate  the  many
  different kinds of community health  workers  that  provide  care  and
  support regarding HIV and AIDS  and  home-based  care  throughout  the
  country.
❑ The government’s strategic interventions on  the  retention  of  South
  African health  scarce  expertise  should  be  modelled  more  towards
  finding long-term solutions to the problem  of  scarce  skills  rather
  than on short-term interventions. This should start  at  school  level
  with the encouragement of more learners to take science  subjects  and
  providing a comprehensive bursary scheme to first  year  students  who
  are taking health degrees.
❑ There is a need  to  ensure  the  implementation  of  funds  that  are
  allocated for upgrading State and provincial hospitals  to  create  an
  efficient and well-run alternative healthcare system  to  the  private
  sector.
❑  The  government  should  ensure  the  equitable   redistribution   of
  healthcare resources between urban and rural areas in order to provide
  rural communities access to quality healthcare.
❑  The  government  should  intensify  the   participation   of   health
  beneficiaries  in  existing  health  governance  structures  such   as
  hospital boards and health committees.
❑ There is a need for engaging the private sector to  ensure  that  poor
  people get a pro rata discount to access private healthcare.
❑ Medical schemes should devise mechanisms to  ensure  that  even  those
  who earn less get access to medical aid schemes.

Strengthening policies, delivery mechanism and outcomes in combating HIV and AIDS in South Africa

South Africa has initiated a comprehensive response to communicable and non- communicable diseases. The country has also developed a comprehensive response to the adverse challenges of the HIV and AIDS pandemic. This includes access to medication, nutrition and information. Various government departments have also initiated various initiatives that directly address the effects of the HIV and AIDS pandemic. Parliament, in particularly, has passed a number of laws that addresses public health issues posed by HIV and AIDS.

However, studies on the impact of HIV and AIDS in various sector of the South African society continue to highlight the ravaging impact of the pandemic in the labour market, economy and healthcare. Within the education system, students and educators continue to fall ill and die. Learners, especially girls, are dropping out of school in increasing numbers to take care of sick family members or to help support their families.

HIV and AIDS co-infection is leading to sharp increases in the incidence of tuberculosis (TB). The number of reported cases of TB has consistently risen since inception of the National TB Control Program (NTCP) that was launched in 1996. KwaZulu-Natal, Eastern Cape and Western Cape have the highest number of cases of TB. These provinces, together with the Northern Cape, also have incidences of TB, which are higher than the national average.

Recommendations

❑ There is a need for the government,  civil  society  and  the  private
  sector to create a  comprehensive  ARV  roll-out  literacy  programme,
  particularly in previously marginalised communities  where  there  are
  still negative perceptions about HIV treatment.
❑ The government should intensify  prevention  strategies  in  order  to
  ensure that the level of awareness about the disease  translates  into
  behavioural change.
❑ The government should intensify  its  collaborative  approach  to  the
  reduction of the spread of HIV, and address the socio-economic  burden
  of  AIDS  morbidity  and  mortality,  particularly  between   schools,
  churches and civil society in addressing the HIV and AIDS pandemic.
❑ There is a need for a  comprehensive  approach  focus  on  prevention,
  treatment and care when dealing with the HIV and AIDS pandemic.
❑ Polymerase Chain Reaction (PCR) tests to detect  HIV  in  infants  and
  young children must be available at all treatment and referral  sites.
  HIV  PCR  testing  should  be  included  as  part  of  the  Integrated
  Management of Childhood Illnesses (IMCI) and  linked  to  immunisation
  coverage. This way, children will not be lost to follow up and can  be
  identified easily.
❑ The government should undertake a situational analysis on  the  extent
  of the impact of HIV and AIDS on pensioners.
❑  Existing  government  service  providers  such  as  social   workers,
  teachers and nurses, should be trained in  addressing  the  needs  and
  rights of children affected by HIV and AIDS.
❑ Education and advocacy concerning the treatment of children  with  HIV
  and AIDS within the  medical  profession  must  be  improved  so  that
  children can benefit from the implementation of the  Operational  Plan
  on a much wider scale.
❑ More effort is needed to strengthen the  Mother-to-Child  Transmission
  (MTCT) programme, particularly in Provinces such as  Mpumalanga  where
  the programme seems not to have been implemented at all.
❑ There is a need for more sites with HIV counselling and testing.
❑ The government should intensify programmes that are aimed at  ensuring
  that children who are infected by the disease have access to ARV’s.
❑ The Department of Health, in particular,  should  improve  its  health
  management systems in recording causes  of  death  in  order  for  the
  government to create appropriate responses to the pandemic.

Strengthening policies, delivery mechanism and outcomes in education in South Africa

Since 1994, the education system in South Africa has undergone significant and extensive restructuring aimed at redressing the long years of apartheid of unjust policies in education. This is reflected in the new policy and legislative framework that has been established to give effect to the goals and values that seek to achieve greater access and equity in education, particularly by poor communities. South Africa is also party to various international protocols that commit the country to expanding access to education.

Education in South Africa is also regarded as one of the most crucial measures to attaining economic and social development, particularly in redressing the legacy of apartheid. It forms one of the cornerstones of government policies such as the Reconstruction and Development Programme (RDP) and the Growth, Employment and Redistribution (GEAR) Strategy. Since 1994, the broad focus in South Africa has been to improve access, quality and equity in education. Of the country’s over 12 million learners, more than 90% are currently in school. Net primary enrolment rates have remained steady at about 95.5% since 1995 and secondary participation rates are currently approximately 85% indicating increases in about 15 percentage points since the early 1990s. In addition, the male to female enrolment ratio is around 97% indicating the higher overall participation rate. This is a far high enrolment rate than in most other developing countries.

South Africa has also put in place various measures aimed at ensuring that vulnerable learners such as those that are affected and infected by the HIV and AIDS pandemic, learners with disabilities and learners from rural areas, have access to education.

There is, however, an indication in some provinces that more money is still needed to address the endemic backlogs left by 40 years of apartheid education, where government resources were channelled into white education at the expense of black schools. This has presented a major challenge to the government’s efforts to rectify the imbalances in education in South Africa. The greatest challenge in redressing the legacy of apartheid lies in the poorer and rural provinces like the Eastern Cape, Limpopo, Mpumalanga and KwaZulu-Natal.

Recommendations

❑ The government should ensure the effective implementation of the  laws
  and policies  that  are  aimed  at  removing  barriers  to  education,
  including access to higher education.
❑ The government should abolish school fees in all  farm  schools  as  a
  standard policy.
❑ Farm schools should be  consolidated  into  larger  and  better-funded
  rural education centres, which will be able to draw on a  broad  range
  of teaching talent and benefit from better resourcing and economies of
  scale.
❑ Adequate transport services should be provided to farm schools and  in
  areas where learners have to walk long distances to and from school.
❑ Provincial departments of education should take a more active role  in
  farm school management and governance.
❑ The Rural Education Policy should  focus  on  the  education  of  farm
  children as a way of transforming rural power relations and broadening
  social opportunities in farm labouring households.
❑ The government should set a target for eliminating illiteracy.

Objective 4: Ensuring Affordable Access to Water, Sanitation and Energy to all citizens in South Africa, especially the rural poor

Since the demise of the apartheid regime in 1994, the South African government has strongly located basic services for citizens within a rights based approach. Access to potable water, sanitation and electricity is enshrined in South Africa’s Constitution as a human right, as is the right to live in a healthy environment. South Africa’s legislative and policy framework reflects the urgent need to implement integrated, cross-sector approaches to water, sanitation and electricity services.

The welfare of poor communities with access to basic services in South Africa has improved significantly in post-apartheid South Africa. The provision of free basic services to the poor has also resulted in several additional benefits. The electrification of clinics and schools has yielded significant benefits for improved health-care service provision, involvement of schools in evening adult education, and improved efficiency of school operations through use of equipment, such as photocopiers and computers. In certain cases, electric street lighting has contributed to reduced crime levels.

Of utmost importance is that the major challenge that is facing basic services in South Africa is that the implementation of free basic services is a complex and demanding process, which requires a wide range of issues to be addressed locally and nationally, particularly in terms of infrastructure. In the rural parts of the country, it is difficult to determine the number of households benefiting from free basic services because many of these communities do not have the necessary monitoring mechanisms such as water metres.

Recommendations

❑  The   allocation   of   powers   and   functions   between   District
  Municipalities and Local Municipalities needs to be resolved  and  co-
  ordinated in order to ensure the harmonisation of service delivery  at
  local government level.
❑ The government should ensure the rationalisation of  local  government
  financial framework in order to support sustainable service provision,
  specifically with regard to the provision of free basic  services  and
  implementing appropriate pricing for services.
❑ The government should promote the Water Service  Development  Planning
  Process, within the framework of Integrated Development Plans, as  the
  key  instrument  for  planning,  monitoring  and   regulating   waster
  services, with full community involvement.
❑ Service provision  should  be  demand-responsive  rather  than  supply
  driven to ensure  appropriate  choices  of  technology,  lower  costs,
  better uses of resources and more  sustainable  services.   The  Water
  Service Development Plan should guide strategies related to the choice
  of service levels and technology implemented.
❑ The  government  should  ensure  the  development  of  an  appropriate
  regulatory framework that ensures the effective, efficient,  equitable
  and sustainable provision of basic sanitation services to  all  people
  living in South  Africa,  and  cost-effective,  reliable  services  to
  businesses and institutions.
❑ The Department of Water Affairs and Forestry,  in  particular,  should
  look at more innovative water management  mechanisms  such  as  water-
  harvesting mechanisms by communities and creating dams in  areas  that
  are constantly facing floods.

Ensuring affordable access to Information Communication and Technology (ICT) in South Africa

Since 1994, South Africa has focused on the liberalisation of telecommunications through a new regulatory framework that has been aimed at ensuring affordable access to Information Communication Technology (ICT) for the poor, particularly those in the rural areas. The country’s vision to improve the quality of life of all South Africans by creating an information economy and a knowledge-based society has ensured that many South Africans have access to ICT’s. However, despite the legislative reform initiatives since 1994, the telecommunications sector in South Africa continues to be characterised by relative inaccessibility due to high retail prices, super profits, job losses, licensing delays and deadlocks, and minimal new foreign investment in the sector. Internet access is a great area of concern. Since 1994, it continues to increase by 6% to an estimated 1.1 million dial up subscribers.

Recommendations

❑ Free or subsidised telephones should be  used  as  part  of  achieving
  universal service and access by the poor and those in rural areas.
❑ Effective competition and regulation  should  be  adopted  as  guiding
  principles  for  achieving  the  strategic  telecommunications  policy
  objectives, including a  restructuring  of  the  market  to  encourage
  effective competition  and  the  entry  of  new  competitors  and  the
  empowerment of ICASA to execute its mandate in full.
❑  ICASA  should  investigate  mechanisms  to  discourage   profiteering
  through delaying tactics and the manipulation of the legal system.
❑  The  local  communications  loop  should  be   unbundled   and   line
  disconnections should be prohibited.
❑ Communication operators should fulfil their line roll-out  obligations
  in under-serviced areas and this should be enforced by ICASA.
❑ ICASA should urgently investigate the high telephone  prices  and  put
  in place mechanisms to regulate communication prices.
❑ The government should declare  communication  operators  international
  gateways as essential services, and, in so doing, lower  the  cost  of
  international calls.
❑ Emergency telephone services should  be  regarded  as  a  basic  human
  right, and such, should be freely extended to all subscribers.
❑ ICASA should ensure that there is continuous investment  in  upgrading
  the country’s communication infrastructure by making it obligatory for
  all subscribers to regularly review and upgrade  their  infrastructure
  in order to provide quality services to the poor.

Ensuring affordable access to housing (shelter) and land in South Africa

Access to housing and land in South Africa is at the forefront of the national agenda for settlement and social transformation. It is also an integral part of government’s commitment to reduce poverty and improve the quality of people’s lives. In the last ten years, government has made tremendous strides in ensuring that access to land and housing becomes a reality to the people of South Africa, especially the poor.

After the demise of the apartheid regime in 1994, South Africa adopted the Reconstruction and Development Policy (RDP), as an integrated socio- economic policy framework, which sets out broad guidelines for land and housing reform. The country’s Constitution provides further impetus to the progressive realisation of the right of citizens to land and housing. The provision of housing in South Africa is also in line with a strategy to provide subsidy assistance to households who are unable to satisfy their housing needs independently. The government has also put in place a comprehensive legislative framework to ensure that the people of South Africa have access to housing.

Although the new government inherited a critical housing shortage, with the 1996 Census reflecting a housing backlog of 2, 2 million houses, since 1994, the State has built 1,8 million housing units, providing more than 5 million people with secure homes. Since 1994 to December 2002, the Department of Land Affairs has redistributed 456 060 hectares (ha) of State land. This constitutes 68% of targeted land (669 00 ha), and 23,8% of total redistributed land. Through the tenure reform programme, there are a number of pieces of legislation that begin to regulate people’s occupation of and eviction from other people’s land.

Recommendations

❑ The government should ensure the empowerment of housing  beneficiaries
  through  the  process  of   intensification   of   housing   delivery,
  particularly through fostering SMME’s and cooperatives.
❑ The Department of Housing, in particular,  should  develop  a  housing
  strategy for rural communities and farm workers.
❑ The government should  reduce  policy  incoherence  and  institutional
  fragmentation in housing delivery and clarify the  role  of  provinces
  and municipalities in housing delivery.
❑ Housing delivery should take into account government’s  commitment  to
  social cohesion and integrating communities.
❑ The issue of women’s access to land  and  property  rights  remains  a
  critical impediment to the  furthering  of  women’s  rights  in  South
  Africa. Customary practices  that  prohibit  women  from  owning  land
  should be abolished.
❑ The government should engage the private  sector,  particularly  banks
  in eliminating barriers to housing finance,  particularly  for  people
  who do not qualify for the government housing subsidy.
❑ The government should start building  family  houses  that  take  into
  consideration cultural sensitivities and  the  sizes  of  families  in
  order to enhance social cohesion.

Objective 5: Progress Towards Gender Equality in all Critical Areas of Concern, including Equal Access to Education for Girls at all Levels in South Africa

South Africa stands out in Africa and, indeed, in the world in having succeeded in bringing large numbers of women into formal politics since

1. The country’s commitment towards gender equality clearly demonstrates that it is imperative that more women are elected into public office, in line with giving substance to a culture of human rights.

South Africa’s transition from apartheid and minority rule to democracy required that all existing practices, institutions and values be reviewed and rethought in terms of their fitness for ensuring equality for all the people of the country, regardless of gender, race, ethnicity, religion, and social status.

The transformation of higher education in South Africa was seen as a major instrument to fostering equal opportunities for women. After the demise of the apartheid regime, it was imperative for the country to redress past inequalities by ensuring that the higher education system serves a new social order, to meet the pressing national needs, and to respond to new realities and opportunities.

Recommendations

❑ Government departments and entities should establish  National  Gender
  Policy Frameworks in order to guide  gender  transformation  in  their
  staff composition. The purpose of the frameworks would  be  to  ensure
  the effective implementation of a gender perspective into all  aspects
  of  planning,  policy,  legislation,  development  and  transformation
  activities within the government.
❑ The principles of equal opportunities and  equal  partnership  between
  male and female staff in government departments and entities should be
  reflected and promoted through the adoption of gender codes. The codes
  should state explicitly the government’s commitment to ensure equity.
❑ The various departments should provide detailed  progress  reports  on
  their  employment  equity  plans  and  targets   when   reporting   to
  Parliament.
❑ The Department of Education and higher education institutions need  to
  mainstream gender into all their human resources policies,  programmes
  and structures in order to  ensure  more  education  opportunities  to
  women.
❑ The Council on Higher  Education  should  establish  a  selection  and
  recruitment policy that will focus more on the  recruitment  of  women
  professionals in the higher education sector.
❑  All  government  departments  and  entities  should  use  pro   forma
  reporting  tools  (percentages  and  numbers)  in   order   to   allow
  quantifiable scrutiny by Parliament and the public, particularly civil
  society.

Objective 6: Encouraging Broad-based Participation in Development by all Stakeholders at all Levels in South Africa With increasing decentralisation of governance responsibilities and decision-making in post apartheid South Africa to lower-levels of government, local institutions, communities and public participation have emerged as fundamental tenets in the promotion of local governance in South Africa. Since the demise of the apartheid regime in 1994, South Africa has put in place various mechanisms and measures to ensure that the broader population are active participants in the governance of the affairs of the country. The country has introduced various legislative and policy measures that are aimed at ensuring that the people of South Africa are active participants in the governance of the country.

Within the country’s evolving democratic culture, there are still challenges that are confronting the effectiveness of the country’s measures to foster broader participation, including poor communication, lack of information, and complicated processes.

Recommendations

❑ Municipalities, in particular,  should  enhance  their  programmes  of
  public participation in order  to  ensure  constant  interaction  with
  communities.
❑ Municipalities should improve the content and structure  of  IDP’s  in
  order to enhance the involvement of vulnerable groups such  as  people
  with disabilities, women, and the youth.
❑ Provincial  governments  should  enhance  their  public  participation
  measures.
❑  Parliament  should  launch   a   comprehensive   awareness   campaign
  explaining  the   various   protocols   governing   participation   in
  parliamentary  activities  such  as   public   hearings   and   making
  submissions.
❑ Parliament should comprehensively  restructure  participation  of  and
  mass communication with vulnerable and marginalised groups.
❑ Parliament should ensure a creative and effective resourcing  as  well
  as utilisation of  Parliamentary  Constituency  Offices  in  order  to
  ensure that they play a major role in interacting with  and  educating
  communities about Parliament.
❑  All  political  parties  should  allocate   sufficient   constituency
  resources in order to ensure that they constantly keep in  touch  with
  the people and are able  to  inform  the  public  about  Parliamentary
  activities.
❑ There is a need for the usage of plain language  in  policy  documents
  and laws  in  order  to  ensure  that  ordinary  people  are  able  to
  comprehend them.
❑  Where  major  laws  and  policies  are   promulgated,   comprehensive
  awareness campaigns should be undertaken to inform  communities  about
  them.
❑ Parliament and government should give the public  sufficient  time  to
  make submissions or comments.
❑ There is a need to  capacitate  community  representatives  about  the
  Integrated Development Planning process to ensure that they  are  able
  to sufficiently educate communities about  their  value  in  enhancing
  participation.
❑ Parliament should put in place a mechanism to respond  and  attend  to
  formally public queries.
❑ Parliament should enhance the  integration  of  and  participation  of
  civil society in its oversight work, particularly in initiatives  that
  are aimed at taking Parliament to the people.
❑ Parliament should ratify and implement the  resolution  taken  by  the
  113th  General  Assembly  of  the  Inter-Parliamentary  Union  on  the
  importance of civil society in a democracy.

Community Consultations

One of the primary objectives of Parliament’s involvement in South Africa’s Peer Review process was to facilitate public awareness and ensure meaningful public participation in Parliament’s APRM self-assessment process. Community consultations were conducted in rural, semi–urban and urban municipalities. Approximately seven thousand people participated in the community meetings and 1 052 written submissions were received.

Key Findings

The following is a synthesis of the responses received to questions extrapolated from the four thematic sections of the APRM questionnaire.

Democracy & Good Political Governance

Communities were engaged on the following questions:

1. Do you have access to justice, e.g. access to maintenance and domestic violence protection orders for women?
2. Do you have access to basic services such as clean water and proper sanitation facilities?
3. Has your relationship with Parliament (or provincial legislature) changed since 1994 in terms of access to Parliament and participation in the activities of Parliament?
4. Do you know who the Members of Parliament are in your province and are you able to access them for assistance when needed?

Accessibility of courts emerged as a consistent challenge in municipalities across the geographic and socio-economic spectrum. The factors that hinder accessibility were more severe in semi-urban and rural communities. These included:

❑ Distance to courts
❑ Transport costs
❑ Requirement for multiple visits due to daily  court  rolls  not  being
  concluded
❑ Safety and security at courts particularly for women  seeking  redress
  against violence

The lack of basic services was a pervasive experience, particularly in rural communities. These included:

❑ Lack of or erratic supply of potable water and water for irrigation
❑ Inadequate sanitation
❑ Lack of electrification
❑ Sustainable and affordable energy

Communities were largely unaware of the role of Parliament and Provincial Legislatures. Communities were not knowledgeable about their political representatives at provincial and national levels. Local Government representatives however interacted with their local communities. Some communities suggested that this situation could be obviated by the introduction of a constituency-based electoral system.

The level and quality of service delivery was cited as an area for improvement. Poor service delivery was compounded by negative attitudes and conduct of certain public servants. This confirmed the need to infuse the Batho Pele principles throughout the public service.

Economic Governance and Management

Communities were engaged on the following questions:

1. Do you think ordinary citizens are getting opportunities to generate an income, whether short-term or long-term?
2. Do you think the government tells you enough about the budget and what it intends to do with the taxes collected?
3. Do you think the budget is managed properly?
4. Are you aware of the anti-corruption forum and other anti-corruption initiatives in the country? Is this information accessible at local level? If not, what can you recommend to make it more accessible?
5. What is the level of corruption in your own community? How can the government and communities work together to fight corruption effectively?

Income generation with particular focus on youth was considered a priority across all communities. This included:

     ❑ Government support of entrepreneurship
     ❑ Access to business finance, skills development  and  information
       on business management

There was a lack of awareness on the budget process and communities therefore expressed the need for more active participation in the budget process.

Communities were unaware of government’s anti-corruption initiatives. Communities reported that corruption at local government manifested mainly in:

❑ Allocation of RDP houses
❑ Awarding of tenders in municipalities
❑ Nepotism in the public sector
❑ Inefficient / inappropriate management of social security grants

Communities expressed the need for improved public finance management to achieve targeted spending and thereby minimize opportunities for corruption.

Corporate Governance

Communities were engaged on the following questions:

1. Do companies in South Africa look after the environment?
2. How do you think companies in South Africa assist the communities in which they operate?

Communities cited environmental degradation and pollution as evidence that companies were non-compliant with environmental regulations. Pollution impacted negatively on the health of communities.

Communities articulated a lack of local investment by companies. This was compounded by a lack of policy regarding employment of local communities and preferential procurement from local small businesses.

Socio-Economic Development

Questions on social development were divided into three areas:

Social Assistance

1. How effective are government systems and programmes that are aimed at protecting the poor?
2. What are the challenges faced and should be the role of Parliament in addressing such challenges?

Communities acknowledged social security as one of government’s poverty alleviation mechanisms. Some concerns raised and suggestions forwarded by communities included:

❑ Grants not reaching intended beneficiaries
❑ Age and gender disparity for access to old age pensions
❑ More effective poverty alleviation mechanism would be the  replacement
  of cash grants with food vouchers
❑ Perceived correlation between increased teenage  pregnancies  and  the
  child support grant


 Education

1. Have the new laws in education improved access to education?

2. 2.

1. What are the challenges faced in the education sector in South Africa and what should be the role of Parliament in addressing such challenges?

Access to and quality of education was constrained by:

❑ Unaffordability of school fees and uniforms
❑ Lack of integrated planning
❑ Lack of transport and roads infrastructure
❑ High learner : educator ratio, particularly in rural schools
❑ Lack of government-funded facilities for early childhood education


 Healthcare

1. Is it becoming easier and better for your community to access healthcare services?

2. How should healthcare be improved and what should be the role of Parliament in this?

Access to basic health care was cited as a challenge across all communities. This included:

❑  Inadequate  primary   healthcare   facilities,   medical   personnel,
  medicines and treatment
❑ Poorly managed healthcare facilities
❑ Poor working conditions and remuneration of  healthcare  professionals
  resulting in low morale and poor service delivery
❑ Lack of infrastructure and facilities for the  aged  and  people  with
  disabilities
❑ Lack of nutritional support for people living with HIV

Conclusion

The report reflects the views and lived experiences of a cross-section of South Africans. It would be important for Parliament, Government and civil society organisations to further investigate some of the issues raised. It would appear that South Africa has a sound legal and policy framework for the consolidation of democracy, the progressive realisation of socio- economic rights and the acceleration of development. The unintended consequences of policy and legislation, service delivery and the capacity of local government may however require more focussed attention.

National Council of Provinces

1. REPORT OF THE OVERSIGHT VISIT OF THE SELECT COMMITTEE ON SOCIAL SERVICES TO THE FREE STATE PROVINCE 17 – 21 OCTOBER 2005

Introduction

The Select Committee on Social Services undertook a study tour to the Free State Province from 17 – 21 October 2006. The purpose of the study tour was for the Committee to exercise its oversight function, as mandated by the Constitution. The primary objectives of the provincial visits included:

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

The Committee has prioritized the provinces, which they wanted to visit during the 2005/06 financial year and the Committee identified the Free State Province as a priority.

This report aims and envisages that the challenges experienced by the various regions in the Free State Province are taken cognizance of and that they are addressed to improve service delivery to our people. The Committee undertook this oversight visit to the Free State Province not to “police” the Provincial Departments of Social Development and Health and the Department of Home Affairs, but the aim is to “unblock the blockages” that might be hampering service delivery.

The information was gained by interacting with the MEC’s, HOD’s and Regional Managers of the Provincial Departments of Social Development and Health and the Department of Home Affairs. Before the oversight was undertaken the Committee identified the regions which they wanted to visit, and the main aim is to visit the rural areas, where service delivery is not up to standard (Batho Pele).

The Committee also took tours of health centres; social development centres and Home Affairs offices to ascertain whether what has been said in the meeting with the various stakeholders are a true reflection of what is happening.

Limitations of the report: • The fact that not the whole of the Free State Province could be visited, but only parts of it; • The fact that the delegation could not visit for e.g. pay points on the day of payouts. It is the intention of the Committee to arrange for future visits to arrange this.

The delegation had meetings with the various MEC’s, HOD’s, Regional Managers and undertook tours of the institutions, which they visited. This report will highlight the important issues raised during these meetings.

1. VISITS TO DEPARTMENT OF HOME AFFAIRS REGIONAL OFFICES

2. BLOEMFONTEIN REGIONAL OFFICE

The Regional Manager informed the delegation that previously, the ID’s could not be locked up because there was no strong room and the office has currently 2 000 undelivered ID’s in the office. The Manager stated that since the beginning of September 2005 no ID’s were delivered, due to the 3- month period that is in place, and only after this period has expired the office will begin to deliver the ID’s. He further noted that ID’s are locked up and that the office does not give ID’s to councilors to give to clients.

The Manager stated that they try to obtain the telephone numbers of the clients to inform them of their ID’s, but that this exercise is very costly and that the department is in the process to finalize the process of sending SMS’ to clients.

The manager informed the delegation that the office is making use of interns and that their contracts will be expiring soon (end of November 2005) as well and that the office has already lost 12 people and this places a heavy burden on the remaining staff to deliver an excellent service. With regard to the 12 people, the manager stated that some are under investigation and that 3 have returned and some were either dismissed or suspended.

The office is servicing 17 towns.

The manager stated that there are 3 people working on the mobiles and they only go out twice a week and that they work out of any space that is available and that they are “at the mercy of the local municipality” and conditions under which these people at times work is not conducive.

With regard to the infrastructure, the manager stated that it is better than what it was previously. A problem at the current offices is the escalators and that at times people have fallen and broken their legs. There is security at the front to assist people, but at times it is difficult for disabled persons to enter e.g. person in wheelchair. There is also no parking at the offices, and the manager stated that their contract expires in 2006.

The manager stated that the delivery of ID’s is not as successful as they would want it to be e.g. many give the wrong addresses and this delays the process.

The manager noted that there is not sufficient personnel dedicated to do registration of births at the hospitals.

With regard to fraudulent marriages, 6 fraudulent marriages are under investigation, but the response from Head Office is very slow.

With regard to IT, the computer systems have improved and the office has received a number of new computers, but that they are still working on old passwords and when the passwords expires it takes time. The manager stated that the printers on the new system do not work well and that the back-up system is problematic.

The manager informed the delegation that the new fingerprints system is going to be installed in December 2005.

1.2. THABA NCHU (PERMANENT SERVICE POINT)

1.2.1. Departmental Fraud Prevention Plan and Risk management strategies (including focus on outstanding identity documents)

The office is implementing the objectives of the fraud prevention plan that was compiled for the whole province, the dynamics thereof being:

• Ensuring that cash received is banked daily, that cash  registers  are
  programmed in such a way that only one transaction  can  validate  per
  transaction.
• The daily  intake  or  transactions  are  controlled  and  checked  by
  supervisors daily and also weekly by the officer in charge.
• Two officers do banking i.e. one official cannot  do  banking  without
  being accompanied by a witness, thus ensuring that it is not easy  for
  one to collude with the bank official.
• There are no security guards; this is one risk area  that  the  office
  finds itself in, as there  is  no  proper  access  control  of  people
  entering the office. However, alarm systems have been installed in the
  office to ensure safety of government assets.
• The office is receiving a reasonable  number  of  identity  documents.
  Currently the total number of uncollected ID’s in the office  is  325.
  The collection process is very  slow  and  even  if  posted  to  given
  addresses, about 80 % of them end up being sent back  undelivered  due
  to wrong address. Sometimes they also end up in the  wrong  hands,  as
  there is no security that the rightful owners receive the documents.
• The office has implemented several means of trying to deliver the ID’s
  e.g. door-to-door delivery, posting to serviceable addresses,  listing
  ID’s and handing names to the councilors to  inform  people  in  their
  constituencies to collect their ID’s at the office.
• It has however been noticed that the method of posting seems to be  an
  easy one, whereby ID’s are delivered in big numbers, has proved to  be
  risky as there is no  proper  and  definite  confirmation  of  control
  whether the rightful applicant is the one who received  the  document.
  The postman places the ID’s in a postbox at the given address  without
  positive identity of the applicant.  Sometimes where there is no  post
  box identity  documents  are  just  thrown  into  the  yard  and  this
  contributes to the risk of ID’s ending in the  wrong  hands  and  thus
  causing the level of fraud to rise.
• Other risks that are growing and seem uncontrolled is  the  increasing
  number of late registration cases over 15 years, whereby people freely
  and fraudulently acquire  baptismal  certificates  and  other  proofs,
  clearly being illegal foreigners.  They then  apply  for  ID’s,  where
  they are able to access different forms of services and grants offered
  by government.

1.2.2. Quality of service Quality of service has somewhat improved at Thaba-Nchu service point to a certain degree especially with the appointment of the interns.

In order to enhance service delivery, extended working hours during the week have been implemented, namely 07:00-17:00. Offices are also open on Saturdays from 08:00-13:00.

1.2.3. State of physical infrastructure and equipment

• The current  accommodation  is  not  user-friendly  as  there  is  not
  sufficient space inside i.e. office is too small  and  allows  only  a
  limited number of people to get inside.
• There are no air conditioners, therefore during hot  summer  days  and
  high temperatures serious health problems are caused
• Alarm systems have been installed in the office to enhance safety  and
  security, however; lack of physical security in the form  of  security
  guards still leaves serious risks.
• Recently in 2004 the department has entered into a five (5) year lease
  agreement contract with the owner  of  the  building,  however  it  is
  envisaged to move to  a  bigger  office  once  the  contract  expires.
  There is also no fridge, microwave or stove.

1.2.4. Information Technology (IT systems)

New computer systems with updated programs like GroupWise etc have replaced five (5) old terminal computers in the office. Additional computers are needed to allow the smooth running of services e.g. scanner for passport, computer for E-mails and administrative functions.

Only one (1) printer is allocated to this office to print Birth/Death/Marriage/Temporary Identification certificates. However, this causes delays.

The office cannot scan passports, as it has to borrow the scanner from other offices in the Province i.e. Sasolburg service point and this results in the delay of passport applications.

User-ID’s (to gain access to departmental programme) of this service point have often been used to capture fraudulent transactions, e.g. fraudulent marriages. In all the cases reported, these marriages were captured in other Provinces or towns e.g. Durban, Cape Town, Johannesburg and Pretoria. A request has since been sent to head office to block them, but still there are people out there who still continue with the practice.

1.2.5. Clarity seeking, comments

The Provincial Manager stated that overtime is paid out of the Provincial budget savings (i.e. vacant posts.)

It was also clarified to the delegation that ID’s couldn’t be produced locally as only Head Office has access to the HANIS system.

It was also put to the delegation that the turn around time for applications is restricted to one day in the offices, however, there are constraints to this due to human resource capacity.

It was also made known to the committee that the department has embarked on a stakeholder forum with other government departments, e.g. Social Development, Correctional Services, SAPS, NGO’s and Education, to ensure that all services can be accessed at one point.

Information sessions are constantly held to inform the public about the services of the Department of Home Affairs and also with chiefs, councillors and church leaders/Ministers to fight corruption of illegal issuance of fraudulent documents.

1.2.6. Challenges

• Among the challenges facing the office is to capacitate the office  in
  terms of Human Resources in order  to  live  up  to  the  Department’s
  vision of rendering a world-class service.
• To computerize Dr. J.S.Moroka Hospital in Thaba-Nchu to allow  online-
  registration of newly born babies at the hospital.
•  Acquisition  of  the  necessary  funds/budget  as  requested  by  the
  province. Filling of all vacant posts in the Province and  the  Acting
  Provincial Manager alluded to the  fact  that  backlogs  in  terms  of
  service  delivery  will  be  resolved  once  the  new  Civic   Affairs
  Establishment is approved and implemented fully. However as of now the
  establishment has not been funded thus vacancies cannot be filled.

1.3. PHUTHADITJHABA REGIONAL OFFICE

1.3.1. Clarity seeking, comments

The delegation enquired why ID Statistics from the Provincial Manager’s Office and Regional Office differ i.e. 900 and 1 100 and the Provincial Manager replied that his office is only having statistics ending 14 October 2005 while the Regional Office is submitting stats up to date. As IDs are distributed weekly the office also receives new books.

The delegation stated that this office has become a Regional Office with the result that the establishment has expanded which means that the office is going to employ more staff. The provincial manager replied and stated that the Deputy Director post has already been advertised and he/she will have to ensure that all the remaining posts are filled.

Management of the office stated that they are understaffed, and the delegation enquired how the office manages to distribute IDs especially during weekends by door-to-door delivery. The management stated that offices are open on Saturdays and skeleton staff are working whilst other officers are utilised to go out of office to distribute IDs.

The delegation asked the management whether they have areas that have no service points to serve, if so, how do they cover those? Management stated that they are working together with traditional leaders, ward councillors and the Department of Social Development where they identify the areas with backlogs. Thereafter dates are secured for information sessions to communities where they are informed of the requirements for applications and after that dates are identified, the Department will collect applications.

1.3.2. Concern raised by the delegation

• The committee was concerned as to what will happen when the  contracts
  of interns expire on 31 October 2005, and Home Affairs relies entirely
  on them.  The committee said that they would motivate that the interns
  be kept for another year because they do a good job.

• There is no sign board for direction of Home Affairs or  stating  HOME
  AFFAIRS PHUTHADITJHABA REGIONAL OFFICE

1.4. KROONSTAD DISTRICT OFFICE

1. Personnel 2. The establishment was discussed with members of the committee where it was explained that there are 13 clerks, 5 supervisors and two vacant posts. The shortage of staff was discussed, with the delegation, and they were informed that supervisors are also performing functional tasks.

1.4.2. Mobile Units and Service Points

There are 3 permanent service points, namely Viljoenskroon, Parys and Heilbron and mobile units are visiting Edenville, Koppies, Steynsrus, Lindley, Vredefort, Deneysville, Oranjeville, Petrus Steyn, Hennenman and Ventersburg, only once per month due to staff shortages.

1.4.3. Distribution of IDs

ID’s are distributed door-to-door or posted to serviceable addresses but at this stage there are many identity documents in the office due to the problems experienced with the franking machine.

1.4.4. Accommodation

The lease of the building has expired and the contract has been renewed on a month to month basis. The condition of the building is not satisfactory.

1.4.5. Information Technology

Some of the staff members still do not have User-ID’s and computers/printers are off line most of the time due to the new service provider (SITA).

1.5. Ports of Entry (PoE) in the Free State Province:

Clarity seeking, comments:

The delegation enquired why the Arrival & Departure totals are so high when Maseru Bridge experiences a staff shortage? The department replied that a number of businessmen residing in Ladybrand commute on a daily basis to and from their businesses in Lesotho. The Cross Border Permits also allow Lesotho and South African Nationals to cross the border without hassles in order to conduct business in both countries.

The delegation wanted to know how rife corruption is at the ports? The department stated that corruption is rife at the ports because of a lack of manpower and a lack of proper systems. Officials make themselves guilty of corruption by fixing passports of foreigners and taking money from persons who have overstayed.

The pedestrian facilities at Maseru Bridge are closed because there are no officials to man this clearing point.

The department stated that here are no official unmanned borders on the Lesotho/South African borderline. The South African Defence Force is currently responsible for the borderline.

There is sufficient/ adequate transport and even vehicles to transport officials between the workplace and their residences.

1. SOCIAL DEVELOPMENT

2.1. Meeting with MEC and HOD of Social Development

2.1.1. Clarity seeking, comments

The delegation enquired into Foster Care and wanted to know whether there are any delays w.r.t. the Department Of Justice, whether applications are delayed? At the regional courts there are backlogs and the MEC stated that there are delays with regard to the Department of Justice and that the department is in the process to alleviate the situation e.g. they have campaigns with other stakeholders, a new computer system is being developed to fast track the process and that they have to strengthen the relationship with the Department of Justice.

With regard to the roll-over of the budget, the MEC stated that there were roll-overs to the value of R250 million, and the HOD further noted that the roll-over was due to the fact that there was a delay in the adjudication of the tender process, which is centralized and that the tender was awarded at the end of the last financial year. He further noted that it was the first time that money was rolled over.

On the issue of the upgrading of pay points the HOD stated that 54 pay points were upgraded to make it more conducive for beneficiaries, and with the current budget the department has to prioritise which pay points to upgrade. He further noted that security at the pay points is an important part of the department’s programmes.

With regard to old age homes the MEC stated that conditions are unacceptable in the Free State and he stated that the Historically Disadvantaged Individuals (HDI’s) are not benefiting from this. Every Old Age Home that is funded by the department must report to the department and the department is also funding about 50 luncheon clubs in the province. The department is also running a 24hr call on the abuse of older persons.

The HOD stated that they do provide for people with disability at pay points.

The HOD stated that many of the social workers apply for government positions, with the result that NGO’s are battling.

Members of the delegation voiced their concerns regarding pay out of the different grants and whether these grants are paid out on the same day, the reason being that for e.g. beneficiaries coming for the Child Support Grant (CSG) pushing for e.g. the pensioners out of the way. The MEC noted that there are different pay out dates for the different grants e.g. CSG and Old Age Pension

The department highlighted to the delegation that beneficiaries are informed well in advance of the lapsing of their benefits and this is done in writing.

2.2. Child Support Grant 2.2.1. Challenges: • Lack of Home Affairs documents • Decrease in the volumes of applications • Impact of the indemnity process • Alleged fraud by caregivers • Poor access of service by farm communities

2.2.2. Recommendations from Department • Provincial business plans focused on the registration and awareness drive have been completed • Specific operational plans for each district have been completed • Strengthening partnerships and joint campaigns with Home Affairs, Education, Health, Municipalities, NGO’s etc. • 40 additional staff have been appointed • additional computers, printers, scanners and photocopiers have been procured for all the district offices • Additional vehicles including 10 mobile offices have been procured, to reach out to farming and rural communities.

2.3. Services to Children 2.3.1. Challenges: • Inadequate funding for Early Childhood Development Centres. Only 32% of the 74 000 children from the poor communities/families are benefiting from government funding. Current subsidy of R4.50 per child per day basically provides for food. • Shortage of social workers to provide intervention and statutory services to children. Currently 259 social workers available and the national norm are 549. • Inadequate funding to NGO’s to pay market related salaries • Handling of backlogs of about 2 075 i.t.o. intervention and statutory services • Shortage of Places of Safety • Inadequate facilities for statutory placements of multi-disabled children • Successful implementation of the Children’s Bill • Competent personnel • Street Child phenomenon

2.3.2. Recommendations

• To obtain additional funds for more social workers
• Consideration be given to funding of NGO who will  specialize  in  the
  selection of training of foster parents
• The establishment of residential places of safety in those areas where
  needed
• Establishment of a residential Child Care  centre  for  children  with
  disabilities as well as group foster homes.

2.4. Probation services • Shortage of Probation Officers • Training and capacity building of personnel especially those rendering services in residential care facilities • Roll out of Home Based Supervision Programme in all districts • Insufficient resources for after hour assessment of arrested children and effective monitoring of children place in diversion programmes • Delay of finalisation of cases resulting in blockages in Department of Social development (DSD) facilities • Lack of reform schools for further rehabilitation of children.

1. Meeting with Concerned People Against Abuse (CPAA) at Kamohelo Heaven, Thaba Nchu

CPAA is a CBO rendering services to victims of abuse in Thaba Nchu and the Trust Areas. The following services are provided for: • Accommodation for woman and children • Support and counselling to victims at the shelter • Referral of victims for medical attention when needed

Since 2002 the shelter accommodated 479 women and children. Cases handled by the Social Worker after-hours from June 2004 until April 2005 was 223.

3.1. Challenges include: • Marketing of services/shelter to other areas to utilize the shelter effectively • Recruitment of people from the community to form part of the organisation and management • Appointment of a shelter manager to help with the day-to-day running of the shelter. The need was identified and will be budgeted for 2006/07 • No assistance from municipality • No salaries/stipends for volunteers • No contract that building was donated to shelter

3.2. Clarity seeking, comments

The Chairperson of CPAA stated that the volunteers at the centre are always there when they are needed and as from 1996 they have not received any monetary compensation to date.

She further noted that the shelter does not get any assistance from the municipality.

The building belongs to the Provincial Department of Social Development and she stated that it was donated to the shelter, but there is no contract stating the fact.

The SA Police Service use to take victims to the hospital.

3.3. Tour of shelter • There is rooms for administration and counselling • One room is for the matrons with 2 beds • There are 9 beds for victims and the rooms are clean and tidy. • There is security at the gate and it was stated that there is very little break-ins • There is a laundry and the machines are all in good working order. • During the tour the delegation met with a woman who is a victim of abuse, where the boyfriend wanted to kill her and her two boys. The victim stated that they are well looked after at the shelter.

1. Meeting with management of Boiketlong Old Age Home

Boiketlong is a government institution and the budget allocation for 2005/06 is R4 835 569.14 and the institution renders a 24 hr residential care service as well as, balanced meals, a safe environment, primary health care services, access to secondary health care services etc.

The staff structure of care personnel rendering 24hrs services: 1 Chief Professional nurse, 1 senior professional nurse, 6 Nursing Assistants and 12 care workers. The staff works on shifts between 07h00 – 16h00 and 07h00 – 19h00during the day and 19h00 – 07h00 during the night to sustain the 24 hour service.

1. Challenges • The newly approved staff structure makes provision for five professional nurses. Presently there is only one senior professional nurse. • There is a need to appoint an administrative officer to assist with the administration. Currently there is only one Snr Admin Clerk.

4.2. Tour of Old Age Home • The kitchen has stoves which are in perfect working condition (enquired from caterer) • The catering has been outsourced • The food supply is adequate (shelves were packed with food) • Older person’s receive 5 meals a day • The ones living in the rondawels eat in the hall. • Each rondawel has a bed, a cupboard and ablution facilities are in the hall.

1. Meeting with Regional Manager of Social Development: Kroonstad

2. Social Security

The presenter highlighted the number of beneficiaries, physical infrastructure of pay points, and access to grants at the various pay points in the region.

1. Indemnity process

The process went well and 897 different grants in the district were stopped. The process is still continuing with the Compliance Officer investigating cases reported after the deadline and action taken e.g. stopping of grants and recommending re-payments in some cases.

5.3. Developmental Social Services 5.3.1. Children Awaiting Trial

The presenter informed the Committee that as from 2003 a Probation Unit was established within the department and currently there are 4 Probation Officers and 2 Assistant Probation Officers for the whole district.

The main focus is to do assessments to all arrested children that are reported to the department. In Kroonstad the Probation officer visits the court every morning to check if there are any children to be assessed, and the reason being that SAPS do not report all of the cases to the department. These visits are done to avoid children being given sentences for minor offences and impacting negatively on their future. The Probation Officer and the Assistant Probation Officers also visit the prison once a week.

The presenter informed the Committee that in the last 6 months 314 assessments were done in the district.

The presenter also gave a brief background on the Secure Care Centre, Matete Matches. The capacity of the centre is 40 children, i.e. 38 boys and 2 girls; currently there are 27 boys and 1 girl. Programmes at the centre include: art and craft, drama and culture.

The department provides 100% funding to the centre annually and in terms of the Memorandum of Understanding signed between the department and the centre, the department is also responsible for the monitoring of the centre to ensure proper utilization of funding as well as effective service delivery.

5.3.2. Food Security Programme The district was allocated a budget of R5,8 million for 2003/2004 and the same amount for 2004/2005 and 19 422 food parcels were distributed to 6474 households over a period of three months in both financial years.

For the 2004/05, the identification was through Stakeholder Forums that were established when public meetings were held in all the 15 towns.

5.2.3. Challenges in the region include: • Only 346 food parcels were issued till the end of September 2005. The MEC’s gesture to issue out food parcels to the needy and destitute for the festive season will contribute to spending all the funds. Social security relies in social workers to hand in reports to issue out food parcels. • The lapsing of temporary disability grants has caused hardship for a lot of people, and many of them have appealed, but are still awaiting assessments and their grants have stopped before the outcome of their appeal. • The district is struggling to reach the target as set for the children 11-14 years. • With regard to children awaiting trial, not all children that are arrested are reported to the department for assessment. • Court cases take to long to be finalized and children stay for long periods even for more than a year at Matete Matches Secure Care Centre • Resistance of the Court to refer children to the centre due to the absence of security, which leads to abscondment. • Limitation of capacity at Matete Matches for children who committed serious crimes who end up in prison. • Due to unemployment and poverty everybody feels that they are elegible to receive food parcels • Venue for distribution of food parcels was a problem. • Safety of officials was at stake, where they were threatened.

1. Meeting Regional Director of Social Development: Qwaqwa (Thabo Mofutsanyane)

Thabo Mafutsanyana District has an overall population of 725,939. Maluti-A- Phofung has been declared a presidential node. The nature of leadership is traditional leadership and political leadership (councillors). Traditional leadership is very strong at the community level (villages).

The presenter informed the Committee on the location of offices/sub-offices and satellites, also the institutions e.g. Leratong Children’s Home and Thekolohelong Welfare Centre.

She further highlighted the status quo regarding the personnel profile of the various offices in the region, including Qwaqwa District Head Office, Bethlehem Sub- Office, Ficksburg satellite etc.

The challenges, as indicated by the Regional Manager includes the following: • shortage of Social Workers, Community Developers. The remote rural areas are not attracting skilled experienced personnel. • Backlogs in service delivery especially foster care applications

6.1. Children Awaiting Trial There are currently 19 children that are awaiting trial in the region

Challenges: • Children are kept for long periods in the police cells, before being taken to alternative care like Matete Matches

6.2. Food Security Programme Allocations were done according to municipalities. Maluti-A Phofung 13 216 Lihlabeng 3 428 Setsoto 7 584 Nketoana 1 593 Phumelela 3 085 TOTAL DISTRIBUTION 28 906

Challenges • Facilitation of formation of forums for identification and distribution • Role of clarification between the department and the Municipality. There was confusion who was in control. The criteria for identification of beneficiaries not clear and concise. The object of the programme not fully understood by communities and politicians at local level. • Delays in distribution due to suppliers stock shortage • The contents of the food parcel not user friendly to a family without an income. Samp, beans require electricity or wood to be prepared, i.o.w. it defeats the objective.

6.3. Social Grants The presenter explained to the Committee that some of the pay points were upgraded according to the norms and standards.

Challenges • Documentation is still a problem where both biological parents and children are without documentation. • Lapsing of grants, which demand direct physical follow-ups to enable the applicant to meet the doctor. At times it is difficult to locate the address or the address has changed since the initial application. • More transport and officials with driver’s licenses are required to ensure follow-ups on lapsed grants are made timeously. • Entering into farms still a challenge although they are aligning their visits with the Department of Health with their mobile clinic visits is helpful. • Vandalization of upgraded pay points and service points by communities rendering the efforts made by the government futile • Unavailability of farm workers during the week when departmental officials are at work. Consequently visits have to be organized.

6.4. NGO and CBO funding With regard to NGO and CBO funding the presenter informed the committee on the following challenges regarding the funding of CBOs and NGOs.

Challenges • Lack of capacity on the part of the funded organizations to comply with the memorandum of agreement. Training was given, they were workshopped, but still compliance is difficult. • Late payment of organizations by the department • Effective monitoring and evaluation and evaluation of funded organizations by the department provincially and locally.

6.5. Child Headed and Orphaned Children Due to their culture and traditions the number of child headed households is very little as extended family members come forward to foster immediately the biological parents are deceased. Also with sibling households some children affected by the death of their parents and being old enough can care for their siblings they still leave the responsibility with elders in the extended family. There are 3856 families that are receiving foster care and 11 568 children who are fostered and 650 file backlogs for foster care application cases awaiting home visits and compilation of reports.

Challenges Shortage of social workers Shortage of transport for social workers to intensively intervene and follow up on cases Lack of co-operation with some magistrate courts regarding foster care applications. Magistrates not appointed as commissioners of child welfare

Escalation of HIV and AIDS related deaths increases the demand for foster care Interpretation of political statements by communities creates dependency on the system.

6.6. Indemnity process The presenter gave the following information regarding the indemnity process in the region:

Bethlehem – 354 Qwaqwa – 1845 Senekal – 128 TOTAL - 2327

6.7. Recommendations: • Recruitment of social workers for tertiary training is done at matric level to address the current escalating demand for social workers. • Training of social workers by tertiary institutions to be aligned to the current demands for service delivery, and this will enable incoming social workers to be prepared for the situation. • Foster care application process to be reviewed, especially where proof of death of both biological parents is available. • Availing resources to the social workers to perform their functions effectively, e.g. transport is always a problem. • Clear and better systems be put in place for organizations mismanaging funds. • Officials with financial management expertise to be employed at district level. • NGOs/CBOs to be empowered/capacitated to administer food distribution. Food distribution always takes precedence over actual service rendering. • A blueprint on procedure to follow for situations where the parent and the biological children are without documents are availed by the Department of Home Affairs as an information leaflet. • The issue of unknown parent in the case of single parent death is clarified as to the investigation procedure of the whereabouts of the reputed parent. This is still a very sensitive issue.

6.8. Tour of Children’s Home In the admin. Block there is offices for, the transport officer, registry, manager’s office and the switchboard In the foyer the disciplinary code and procedures The Acting manager informed the delegation that all children are attending school except for 3 boys There are currently 114 children at the home There is no air conditioning in the rooms There are 32 care workers In the girls block the girls eat separately and they have their own bathroom facilities and 5 girls per room The children are getting pocket money according their age.

6.9. Visit to pay point The pay point which the delegation visited is a tribal pay point 3000 to 3500 beneficiaries receive pay outs at this pay point Payouts are being done in period. e.g. 1 000 people a day There is sufficient shelter at the pay point There is sufficient space and chairs for beneficiaries Ablution facilities are in a good condition On the day of the pay outs members of the luncheon clubs assists The Regional Manager stated that pay outs from 08:00 am to 11:00 am She further noted that people are aware on which days they are to be paid Vandalism is a frequent occurrence at the hall The Regional Manager informed the delegation that payouts used to take place at the school (which is opposite the pay point), but a need had arisen to obtain another venue for these payouts, for this reason Social Development identified this hall. There is a fence around the hall Security is also visible at the hall

1. HEALTH

Meeting with the MEC of Health and the HOD of Provincial Department of Health The HOD briefed the Committee on the following:

7.1 Comprehensive plan for treatment and care of HIV and AIDS. (Focus on Home-based Care, VCT & PMTCT).

The number of people living with HIV & AIDS is about 487 772 and it is estimated that there will be 62 517 births, of which 4 366 babies will be infected at birth.

Prevention programmes – 85% of frontline primary nurses health care nurses have been trained in the Syndromic Management of STI’s, and 1,6 million male condoms have been distributed per month and female condoms have been distributed to from 18 functional sites. VCT has been established in all 81 towns and is available at 242 health facilities. Training of 175 NGO’s in the past two years in financial, personnel and project management. Home Based Care (HBC) – this programme has been established in all 81 towns and is currently expanded to 10 farms in the province. Implementation of ARV – the Free State implemented 5 ARV sites, one per district and the plan is to implement another 5 ARV sites, for each district. Prevention form Mother-to-Child Transmission (PMTCT) – it has been extended to have one PMTCT facility per district, with 140 feeder clinics and 30 hospitals participating. Midwives working at maternity facilities are rendering the service.

7.2. Management and governance of health facilities and quality of care (focus on hospital Revitalisation)

The clinic committees are functional in more than 90% of the clinics. Challenges include: training, attendance, transport, identity and motivation.

With regard to the Hospital Revitalisation the province received R113 m and actual spending up to 30 September 2005 was R18m (16%), the infrastructure grant the province received R47m and R11, 7 m (25%) was spent (30/09/2005) and clinic building and upgrading received R21, 4 m spent (as at 30 September 2005) R4m (19%).

1. Meeting with Regional Manager of Health: Southern Free State

8.1. Summary of briefing

Health facilities within the region: Xhariep District Facilities: Clinics: 17 Community Health Centre: 1 Mobile clinics: 20 District Hospital Complexes: 2

Motheo District Facilities Clinics: 63 Community Health Centre: 2 Mobile clinics: 13 District Hospital Complexes: 3

The Regional Manager briefed the delegation on the District hospitals within the region, Pelonomi Hospital that is a regional hospital; Dr JS Moraka Hospital and its available services, clinic information, the upgrading of facilities and the environment, the equipment and quality of care.

From 1999 – 2005 5023 TOPs was performed and the age profiles are that below 18 years is less, with the over 18’s increasing.

VCT is not mandatory and it is a localized service in the hospital with a dedicated professional nurse.

Prevention of Mother- to- child Transmission (PMTCT) was implemented in 2004 and to monitor the end results for follow up is difficult, due to no feedback and reporting, it is not systemized. Recommendation is made for the central reporting to be done locally for outcomes to be captured.

8.2. Challenges include: High vacancy rates for professional nurses Recruitment and retention is difficult even rural and scarce skills allowances and headhunting Budgetary constraints for medication Maintenance to clinics and hospitals

8.3. Achievements include:

Agency nurses to cover the shortage Relaxed recruitment for rural areas One advanced midwife has qualified and acts as consultant for other midwives Functional and active clinic committees at all fixed clinics Functional hospital Board for the hospital complex Recently purchased a park home to accommodate the EMS station Critical equipment purchased and delivered for the hospital complex Maintenance budget for the clinics has been increased.

8.5. Clarity seeking, comments The Regional Manager stated the hospital was built in 1973 and that it is not part of the revitalization programme.

The Regional Manager further noted that the hospital is experiencing budget constraints and that the hospital is going to overextend.

She stated that there are no 2-roomed structures, but in one area the community built a structure, which was used as clinic, which received the Premier’s Award, and this proved that the people in this region are not a passive citizenry.

Dr JS Moraka Hospital has a trained professional infections nurse, who has a master’s degree to do research as well.

A challenge for the hospital is that the IT is not up to standard.

One trained nurse performs TOP at the hospital. They had two, but one left and the hospital is in the process to appoint another. On the issue of back street abortions, the Regional Manager stated that this is not performed in the region.

8.6. Tour of Dr JS Moraka Hospital

Maternity ward The maternity ward is modified and painted There are 2 delivery rooms There is a doctors room for the doctor on call, which is furnished with a TV, a fridge and bed Post-caesarian section Furnished with six beds The bedding is clean and tidy

Sonar room It is under lock and key Equipment in the room is in good working condition Ablution facilities for disabled

1 room is set aside for the Department of Home Affairs for online registration new incubators were bought the ambulances for EMS is not well equipped and has the basic equipment there is an Occupational Health and Safety officer at the hospital pediatrics ward there are 20 beds security is visible at the front gate of the ward, for children’s safety Nursing manager stated that if mortuary is full, the hospital makes use of private funeral undertakers the hospital has an eye clinic.

8.7. Tour of Thaba Nchu Clinic The Committee made an unscheduled stop at the clinic there is a Dots room 3 consulting rooms sluice room 2 counsellors 4 staff members working at the clinic in the pharmacy there is a shortage of medicines, and as stated by the Senior Professional Nurse (SNP), this is because of a shortage from Bloemfontein. The SNP stated that a major problem is the training of pharmacy assistants

1. Meeting with Regional Manager of the Eastern Free State Region

9.1. Comprehensive Care, management and treatment of HIV and AIDS programme

The Regional Manager informed the delegation that Voluntary Counselling and Testing (VCT) is performed at all health facilities as well as PMTCT. The current number of patients on ARV treatment is: male adults 245, female adults 792 and children 30.

9.2. Revitalization Programme At Thebe Hospital the maternity ward and dental clinic have been completed and currently they are busy with the last phase, which includes EMS station and administration block.

At Elizabeth Ross the maternity ward, male and female wards, children’s ward, admin offices have been completed and they are now busy with the last phase, which includes the casualty, X-ray department.

9.3. Clinic Building and upgrading Programme No clinic upgrading took place in 2004/05 financial year and the priority list for upgrading remained the same for 2005/06 financial year. These priorities include: A total R10,5m was budgeted in the region for equipment. The Regional Manager informed the delegation that 38% (R3, 974m) of the equipment has been purchased and paid for, 50% has been ordered and delivery is awaited. The remaining 20% is awaiting tender procedures as the equipment costs above R100 000. The region anticipates that at the end of the financial year 100% of the budget will be utilized.

9.4. Challenges Shortage of personnel Accommodation for personnel Limited budget Equipment Staff recruitment and retention because of the ruralness of the area Maintenance of facilities Transport Roll-out of HIV and AIDS comprehensive management, care and treatment.

1. Meeting with Northern Regional Manager of Health

10.1. Summary of presentation

The General Manager of the Northern Free State briefed the delegation on the structure and clusters, the institutional structure and management structure. He noted that Bongani Regional Hospital, Welkom is currently engaged in a twinning programme with the Royal Children’s Hospital, Melbourne Australia, and he stated that knowledge is shared between these two institutions in the field of paediatrics, specially the relationship between the community and the hospital and the care for children in the community. The General manager added that 4 hospitals in the region were accredited as baby-friendly in 2004.

The General Manager stated that all hospitals boards are in place and that all have business plans and that they are operational. Thirty five (35) out of 37 clinic committees in the region are functional.

With regard to the PFMA, managerial accountants was appointed, an internal control check list was developed and cost centre training took place while some hospitals have already implemented cost centres.

With regard to Emergency Medical Services (EMS) the General Manager stated the following challenges: • EMS is rendered according to a provincial plan identifying three legs: pre-hospital, inter-hospital and planned patient transport • Provincialisation of EMS from municipalities without any supporting infrastructure in smaller towns • An ageing fleet of vehicles that also are being written off by irresponsible members of EMS • Vehicle abuse including petrol card fraud. • Patient transport across the province to receive higher levels of care e.g. patients leave Villiers at 3am, arrive in Bloemfontein by 10am, leave Bloemfontein at 5pm and return home around 10pm.

10.2. Lejweleputswa report in District Plans

The following challenges in the District was highlighted by the District Manager: • Recruitment and retention of personnel • Equipment and facilities maintenance and replacement • Budget – over expenditure • Dispensing licences for nurses • Finalize process of devolution • Vehicles for service provision • Provision of doctors at PHC level – session doctors not meeting needs of communities

10.3. Bongani – Boitumelo Complex

Challenges: • Maintaining standards that was set with accreditation • Implementation of family health to address the level of burden of diseases. • Implementation of the new Mental Health Act to assure a comprehensive approach • To reach Employment Equity targets by 2006 • Retention strategy for Health professionals. • To stay within allocated budget • The replacement and purchasing of equipment.

10.4. Tour of Boitumelo Hospital

10.4.1. Emergency Medical Services

When the delegation arrived at the hospital the first thing they wanted to check, was the ambulances and the equipment in these vehicles. The ambulance, which was parked outside the hospital, had no drip, but there was oxygen and the ambulance driver informed the delegation that it is working. The ambulance had a low kilometer reading on the odometer. The General Manager stated that the hospital has 26 ambulances.

10.4.2. X- ray department

• The X-ray department is going to be  revitalized,  where  the  current
  room is being extended.
• They are in the process in ordering a new special machine, because the
  one machine they currently have is more than 10 years old and that  it
  is very costly to repair.
• The  general  manager  stated  that  R8m  is  being  ring  fenced  for
  equipment.

10.4.3. Revitalization programme

• The hospital is in the process to finalize building  of  a  brand  new
  store
• A completely new out patients department and ARV site is also underway
  and they are envisaging finishing at the end of November 2005  and  it
  will open in mid November 2005.
• Paving has been laid at the parking.
• Doctors quarters are being built, which includes 22  flats  (6  double
  rooms and 16 single rooms), also included  are  the  parking  bays  at
  these flats.
• The theaters are being renovated (all 4), but 2 currently.
• A training college will also be built.
• Accommodation for nurses is being built,  which  will  include  a  TV,
  stove etc. in the flat. The Committee Secretary went to the flats  and
  he informed the delegation that the accommodation that is being  built
  for these nurses and doctors looks beautiful and it  is  spacious  and
  comfortable (only about 100 meters away from the hospital).
• A training college  will  also  be  built,  and  the  Nursing  Manager
  informed the delegation that this will be  very  advantageous  to  the
  hospital, as nurses will be trained there and the hospital  will  show
  them the culture of the hospital, and at the end of their studies that
  they would not want to “leave” the hospital.

1. WAY FORWARD

   • The Committee will undertake follow-up visits to the province, in order to provide oversight and monitor progress made with regard to some of the challenges raised by stakeholders during the oversight visit. • The Committee will take up some of the issues raised with the relevant Departments, and will continue provide oversight on departmental strategic plans to ensure that the relevant issues are taken up in strategic and operational plans.

                     MONDAY, 13 FEBRUARY 2006
   

ANNOUNCEMENTS:

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

   The Speaker and the Chairperson, on 13 February 2006, called a Joint Sitting of the National Assembly and the National Council of Provinces, as follows:

            CALLING OF JOINT SITTING OF PARLIAMENT
   

   The Speaker of the National Assembly, Ms B Mbete, and the Chairperson of the National Council of Provinces, Mr M J Mahlangu, in terms of Joint Rule 7(2), have called a joint sitting of the Houses of Parliament for Tuesday, 14 February 2006 at 14:00 to debate the Report from the Parliamentary Process on the African Peer Review Mechanism.

_______________________                  ________________________
B MBETE, MP                              M J MAHLANGU, MP
SPEAKER OF THE                           CHAIRPERSON OF THE
NATIONAL ASSEMBLY  NATIONAL COUNCIL OF PROVINCES

Date: ____________________    Date: ___________________

1. The Speaker and the Chairperson

We would like to highlight the  following  matters  in  regard  to  the
debate on the Report from the Parliamentary Process on the African Peer
Review Mechanism at the Joint Sitting on Tuesday 14 February 2006.

 1. CALLING OF JOINT SITTING

    The Chairperson of  the  National  Council  of  Provinces  and  the
    Speaker of the National Assembly, acting jointly, have  called  the
    Joint Sitting in terms of Joint Rule 7(2).

 2. RULES GOVERNING DEBATE

      1) There are no comprehensive rules  governing  debates  at  Joint
         Sittings. The NA and the NCOP Rules on Order in Meetings and on
         Rules of Debate (including the Chair’s disciplinary powers) are
         not identical.
      2) Joint Sittings are  governed  by  Joint  Rules  7  to  14.  The
         following Joint Rules apply specifically to debate:


         JR 12: When the Houses sit jointly –
              a) the Assembly Rules on discipline remain applicable  to
                 an Assembly member; and
              b) the Council Rules on discipline remain applicable to a
                 Council member.

         JR 13: (1) An  Assembly  or  Council  member,  other  than  the
              officer presiding at a joint sitting, may  not  speak  at
              the sitting –
              1.  unless invited to do so by the presiding officer; or
              2.  without having obtained the permission of the Speaker
                 and the Chairperson of the Council before the meeting.
                1.      No vote or decision may be  taken  by  or  in  a
                   joint sitting. (In this
                     regard the Houses will meet separately  to  take  a
                     decision on the       Report)

 3. ADDITIONAL JOINT RULES
    In terms of Joint Rule 2(1), the Speaker and the Chairperson of the
    Council, acting jointly, may give  a  ruling  or  make  a  rule  in
    respect of any matter for which the Joint Rules do not  provide.  A
    rule made by the  Presiding  Officers  remains  in  force  until  a
    meeting of the  Joint  Rules  Committee  has  decided  on  it.  The
    Presiding Officers have now framed the following  Joint  Rules  for
    application  in  the  Joint  Sitting  scheduled  for  Tuesday,   14
    February.

      1) Order in Joint Sitting and Rules of Debate

    With the exception of disciplinary rules which are provided for  in
    Joint Rule 12 the rules of  Debate  and  the  Rules  and  Order  in
    Meetings of the NA and the NCOP apply to the debate  in  the  Joint
    Sitting to the extent that those  Rules  are  compatible  with  one
    another and to the extent that they are consistent with the purpose
    and nature of the debate at the Joint Sitting.

      2) Offensive language

    No member may use offensive or unbecoming language in  relation  to
    any other member of either House,  including  Cabinet  members  and
    special   delegates   of   the   NCOP,   and    local    government
    representatives, who are present at the Joint Sitting.

      3) Calling of members and time limits


    For purposes of Joint Rule 13, members are called in the debate  by
    the presiding officer  in  accordance  with  a  list  of  scheduled
    speakers  and  the  time  allocated  for  speeches  by  members  of
    different parties and of both Houses.


      4) Charge against a member

    If information charging a member of either House comes  before  the
    Joint Sitting, such information may not be proceeded  upon  at  the
    Joint Sitting, but must be reported to the House concerned  at  its
    next sitting.

      5) Podium

    Members may only speak from the podium, except –
      a) to raise a point of order or a question of privilege, and
      b) to furnish a personal explanation in terms of Rule 69 of the NA
         or rule 50 of
       the NCOP.

4.      PRACTICAL ISSUES
    The following procedural issues will be dealt with as  a  practical
    application of the Joint Rules and the additional Rules:

      1) Questions: Any member may, through the Chair, put a question to
         the member speaking.
      2) Points of order: Any member may raise a point of order  on  any
         procedural issue that may arise.
      3) Presiding Officer: Joint Rule  10  envisages  that  either  the
         Speaker or the  Chairperson  of  the  Council,  by  arrangement
         between them, will preside – by implication, for  the  duration
         of the Joint Sitting. The Presiding Officers will agree on  who
         will preside at various times according to a  roster  drawn  up
         for that purpose.
      4) Relief of Presiding Officers:  Despite  Joint  Rule  11  (which
         envisages an Assembly or Council member taking the chair  at  a
         joint  sitting  when  requested  to  do  so  by  the  Presiding
         Officer),  in  this  instance  only  other  elected   presiding
         officers  will  be  used  to  relieve  the  Speaker   and   the
         Chairperson of the Council.
      5) Conduct of visitors on the  gallery:  Despite  Joint  Rule  14,
         which states that the Speaker must consult the  Chairperson  of
         the Council when exercising her powers, the Presiding  Officers
         should agree in advance that either may  use  their  discretion
         when applying the relevant NA Rules 40 to 42 and  the  relevant
         NCOP Rules 26 to 28 and that for that purpose it will be deemed
         that consultation took place.
      6) Changes to speakers’ list: Any changes to  the  speakers’  list
         that may affect the allocation of time to the  Houses  must  be
         effected by the Table only after the concurrence of  the  Chief
         Whip of the Majority Party in the Assembly and the  Chief  Whip
         of the Council.

…………………………………. ……………………………………… B MBETE, MP M J MAHLANGU, MP SPEAKER OF THE CHAIRPERSON OF THE NATIONAL NATIONAL ASSEMBLY COUNCIL OF PROVINCES

 Date:………………………                     Date:…………………………….


                      TUESDAY, 14 FEBRUARY 2006

ANNOUNCEMENTS:

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Classification of Bill by Joint Tagging Mechanism

 (1)    The Joint Tagging Mechanism on 13 February 2006 in terms of
     Joint Rule 160(6)(b), classified the following Bill as a section
     75 Bill:


     (i)     Government Immovable Asset Management Bill [B 1 – 2006]
          (National Assembly – sec 75) 2.    Draft Bill submitted in terms of Joint Rule 159

 (1)    Division of Revenue Bill, 2006, submitted by the Minister of
     Finance on 8 February 2006. Referred to the Portfolio Committee on
     Finance and the Select Committee on Finance.

TABLINGS:

National Assembly and National Council of Provinces

1. The Minister of Housing

   b) Report and Financial Statements of Servcon Housing Solutions (Proprietary) Limited for 2004-2005, including the Report of the Independent Auditors on the Financial Statements for 2004-2005.

[1] For a detailed report encompassing all components of the Taking Parliament to the People programme, please refer to the comprehensive document, available from the Office of the Secretary of the National Council of Provinces. [2] For a detailed report encompassing all components of the Taking Parliament to the People programme, please refer to the comprehensive document, available from the Office of the Secretary of the National Council of Provinces. [3] Please note: A detailed account of concerns and challenges appears in the original report. [4] Cited example RDP houses in the Nwamitwa areas. [5] Such as Dan, Lusaka and Khujwana villages.

TAKING PARLIAMENT TO THE PEOPLE: LIMPOPO PROVINCE

                    31 October – 04 November 2005