TUESDAY, 17 OCTOBER 2006

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          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES

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The Council met at 14:00.

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

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

                          NOTICES OF MOTION

Mr M A MZIZI: Chairperson, I hereby give notice that at the next sitting of this Council, I shall move:

That the Council -

  1) notes the disturbing revelation by the Independent Complaints
     Directorate;


  2) further notes that this figure is the highest recorded in the past
     six years;


  3) in addition notes the allegations that rape cases against SAPS
     officers are deliberately thwarted by police personnel;

  4) calls on the Minister of Safety and Security to expand the mandate
     of the ICD to include formal investigation of rape complaints
     against police officers; and

(5) further calls on the Minister of Safety and Security to immediately provide the ICD with the necessary resources and capacity to execute its statutory mandate.

Mr D A WORTH: Chairperson, I wish to move the following motion:

That the Council –

  1) congratulates both the Cheetahs and the Blue Bulls rugby teams on
     an exciting rugby Currie Cup final;


  2) notes that this is the second year running that the Cheetahs have
     won this Cup, albeit jointly this year; and


(3)     says “well done” to all the players and supporters


                     CHANGES TO THE ORDER PAPER


                         (Draft Resolution) The CHIEF WHIP OF THE COUNCIL: Chairperson, I move without notice:

That the Council notes the decision of the Programme Committee, and resolves to remove the following items from today’s Order of Proceedings:

(1) Order No 3 – Debate on Report on Provincial Week; and

(2) Order No 5 – Consideration of Report of Select Committee on Security and Constitutional Affairs.

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

               DELEGATION TO DRC TO OBSERVE ELECTIONS


                         (Draft Resolution)

The CHIEF WHIP OF THE COUNCIL: Chairperson, I move the motion, as printed on the Order Paper:

That the Council, noting that the Democratic Republic of the Congo is holding a second round of presidential and provincial elections on 29 October 2006, resolves, subject to the concurrence of the National Assembly, that –

  1) the South African Parliament send a 30-member multiparty delegation
     to observe these elections;

  2) the delegation form part of the South African National Observer
     Mission;


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


  4) the delegation table for consideration and debate the report of the
     National Observer Mission to Parliament on its return.

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

The CHAIRPERSON OF THE NCOP: 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.

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 wants to make a declaration? We shall now proceed to the voting in alphabetical order. The Eastern Cape?

Mr A T MANYOSI (Eastern Cape): Eastern Cape supports. The CHAIRPERSON OF THE NCOP: Free State?

Mr J W LE ROUX (Free State): Vrystaat ondersteun. [Free State supports.]

The CHAIRPERSON OF THE NCOP: Gauteng?

Ms N M MADLALA-MAGUBANE (Gauteng): Gauteng supports.

The CHAIRPERSON OF THE NCOP: KwaZulu-Natal?

Mr Z C NTULI: KwaZulu-Natal supports.

The CHAIRPERSON OF THE NCOP: Limpopo?

Ms H F MATLANYANE: Limpopo re a thekga. [Limpopo supports.]

The CHAIRPERSON OF THE NCOP: Mpumalanga?

Ms F NYANDA: Mpumalanga in favour.

The CHAIRPERSON OF THE NCOP: Northern Cape?

Mr M A SULLIMAN: Noord-Kaap ondersteun. [Northern Cape supports.] The CHAIRPERSON OF THE NCOP: North West?

Mr Z S KOLWENI: North West ke ya rona. [North West supports.]

The CHAIRPERSON OF THE NCOP: Western Cape?

Mr C DUGMORE: Western Cape supports.

The CHAIRPERSON OF THE NCOP: All nine provinces have 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.

           INTRODUCTION OF INTERGOVERNMENTAL FISCAL REVIEW

The MINISTER OF FINANCE: Thank you very much, Chairperson. Perhaps we shouldn’t allow for a ruling from the grave, but somebody who used to sit in that Chair once told me that the room was designed without a lectern. I won’t go there now.

Let me start by expressing our sincerest appreciation to you and the NCOP for the enthusiasm with which this work in the evaluation of the Intergovernmental Fiscal Review is being attended to. You weren’t present at the workshop yesterday because you were accompanying the Minister of Education, but your ability to facilitate the workshop yesterday and this brief introduction is very highly appreciated. I want to be on record expressing that appreciation to you.

This bit of work as contained in the two documents, the red one dealing with the provinces and the blue one with local government as we indicated, is not a requirement of any piece of legislation. It is work done in order to facilitate parliamentary oversight and to facilitate the work of the NCOP particularly and its engagement through the provincial legislatures and it is work done in the letter and spirit of the Constitution and democracy.

I should report to you that a distinguished member came to me and said to me: Why do you give us all this work? It would be so easy if we could go home; if we don’t have to do all of these things, but now that you have done this work we have no choice. And I had to explain to this member that, given what the NCOP did last year at a two-day workshop and subsequently the very interesting and engaging discussions, the benchmark has now been set and we cannot detract from that. It is in the powers of the House, perhaps at the Chief Whip’s Forum and so on, to allow those who feel that it is too much work, to allow them to go and party, or something. The rest of us will get on with democracy.

In the review we published last year there was no information included on local government. At that time we promised to publish a second document that would deal specifically with local government. Today we are delivering on this promise and whilst the separation is in some respects artificial, there are some good reasons for it.

Firstly, the national and provincial financial year starts on 1 April and runs until 31 March, whereas local government runs from 1 July to 30 June, and that separation begins to explain that to try and take it all into one report, makes for some untidy kind of reporting. That is the first reason why we have done so.

Secondly, with consolidated budgets well in excess of a R100 billion, the local government sphere has now reached a stage where it warrants a dedicated publication.

In the document on local government, we don’t deal with all municipalities. That is for a good reason and it is not an error. When the Municipal Finance Management Act was introduced, we categorised municipalities into high, medium and low capacity. There are certain requirements for high- capacity municipalities, including the MTEF and also a measure of the extent to which the integrated development plans are brought into budgeting. The low-capacity municipalities will get there. We need to ensure that the capacity is put in place first. In looking with a sharper focus on 25 municipalities here, we are dealing with the high-capacity municipalities. I am saying that it is not an error.

For us, the two reviews we table before the House today represent an important link in the accountability cycle. Every year this House processes a Division of Revenue Bill which appropriates just under 60% of nationally raised revenues to provinces and municipalities. The bulk of that money is intended for pro-poor public services such as public school education, primary health care, welfare services, water and sanitation. Once the financial year has ended the NCOP has a right to know what has happened to the money. It has a right to know what the money has bought and it has a right to know whether whatever that money bought has contributed towards improving the lives of our people.

I must hasten to say that the two reviews, whilst comprehensive, cannot and are not intended to provide all the answers to our questions about performance. They serve as a very important and valuable starting point. To get a complete picture, members need to complement them with other documents and publications that our system of reporting and monitoring has institutionalised over the years, such as the estimates of national expenditure, the Division of Revenue Act, the strategic and performance plans of departments and the in-year monitoring reports, the annual financial statements, the integrated development plan, service delivery and budget implementation plans and annual reports – to name but a few. In some respects, national departments are easier. We provide our colleagues about this time of the year with an indication of how much money they would get and work then begins on a chapter for the estimates of national expenditure, in which departments must make a commitment to Parliament with a set of measurable objectives. Then we release the allocation letters but, by the time we publish in Parliament, in February, the annual Budget, the measurable objectives of every department are published alongside it. This is for Parliament to then evaluate: What is the money going to buy? Not how much money a department gets, but what would the money buy.

When there is then reporting in an annual report, subsequently, these two documents need to be read side by side. I watch even my own department’s report in the Other Place and there the annual report is used. Parliament does not go back to the measurable objectives and ask the question: Did you meet the objectives that you set, when you received the money? That is an important part of the cycle.

Now, in a not dissimilar way, the provinces have something called Budget Statement 2. It contains a series of commitments made for what the money would buy. That is the intent and so, in the evaluation, the question has to be whether the intention of the money has actually served the purpose for which the money was received. We believe that between that evaluation of the Budget Statement 2, the annual report of a department … and I see the MEC Dugmore here, when he reports down the road in Wale Street, the Budget Statement 2, this document will also tell you how many educators were employed, how many schools were maintained, how many books were purchased, etc. All of that is vital to ensuring that we can raise the quality standards of public services we offer. So, it is in this sense that we want to ensure that there is a link in continuity so that Parliament is better able to perform its oversight function.

When we were given an opportunity to make opening remarks at the workshop yesterday, we did not only highlight some of the trends in these documents, but we also indicated how the two documents could be used for what I called then, and perhaps I should do it again, a political audit.

The Auditor-General’s task is to evaluate purely financial performance; whether there was an unauthorised expenditure, whether there was a fruitless expenditure, etc. The report would then be tabled and would be dealt with in Scopa, which deals with the financial audit. Occasionally the Auditor-General would do performance audits.

But in the oversight function it is a political function. That political function is one that, I believe, truly sits as part of the core responsibilities of Parliament. All that we can do as a Treasury is to say: Here are the numbers; we stand back. Exercise your political function, as Parliament must.

The workshop yesterday confirmed, yet again, that the NCOP is indeed ready, eager and capable to exercise its oversight role. The questions it asks are increasingly becoming sharper and tougher. Yes, they can always do better and should aspire to do even more.

In the interest of ensuring that what we produce serves this House, in the past we have invited the NCOP to guide us by indicating whether the information we provide in these reviews and other Budget documents is adequate and how it could best be tailored to suit your needs. I am happy to indicate that the sense we got this time is that there is need for more information and for deeper analysis.

In this regard the National Treasury will seriously consider undertaking deeper and more extensive expenditure reviews. However, time and resources might not allow us to undertake in-depth reviews of all sectors in any given year. So, we shall have to engage with committees here and understand which sectors we might have to prioritise to be better able to go deeper and ensure that the quality of information is there.

Yesterday a consensus also emerged that as a country we face a unique challenge. On the back of a robustly growing economy and efficient SA Revenue Service, we often find ourselves having more money than we are able to use. I say this with the full knowledge that there may be many people who will find this hard to believe, given the levels of underdevelopment in South Africa. However, hon members, if one examines the spending patterns for the first quarter of this year, as contained in the section 32 report published in July, it is not very hard to come to this conclusion. The report, which has been discussed extensively by the Select Committee on Finance, showed that after three months or 25% of the financial year, spending on some of the grants was only at about 14%.

Given past trends it is not hard to predict that, if nothing changes during the course of the year, we might witness some underspending on some of these grants, yet again.

The reviews we table before this House today confirm that over the seven years covered in the analysis, spending grew very strongly. They also show that there are more South Africans who have access to public services delivered by both provinces and municipalities, but I would submit to this House that we do not know enough about the quality and sustainability of these services.

The reviews we table show that provinces and municipalities accounted for R161 billion and R119 billion of public expenditure in the last fiscal year. The question we should be asking ourselves is whether we know enough about the change that the amount of spending has had on the lives of people because we are talking of R280 billion. We should ask this question not because we want to cause trouble for anyone or ourselves; we ask it because this is our responsibility as elected representatives of our people. If we fail to ask it we shall have failed those who elected us. This is what the political audit is all about.

When the hon Ralane and the Select Committee on Finance, which he chairs, invite our national and provincial departments to come and explain the progress they are making with implementing the range of programmes funded through conditional grants, they are doing their job. This House and Parliament must support them.

Yet, when they ask difficult questions they may come across some resistance, but this is what the work of this House is about. You need no permission from anyone to do it. The Constitution assigns you this task, and I want to give you in the NCOP the assurance that we would back you and we will drill for you, but at the end of the day it’s the members of this committee who have to do the political audit. Do not ask our officials to do it. Parliament must oversee what we in the executive are undertaking. [Applause.]

This not an invitation to just being silly, but an invitation to ensure that democracy works because it is fairly easy to be silly because you can ask pernicious questions about anything for the sake of tying up people, you know? It is the easiest thing to do, but to get down and ask about the quality of services is, I think, a really hard thing and that is what we must try and ensure that this House does. But, in dealing with some of these issues, there are also some very interesting issues that arise even from the report.

There is a bit in the red book that deals with roads and transport and it makes for some very interesting reading, because we can ask not only about the spending of last year, but also questions about the future. In the section on spending on roads and transport, for instance, in the province of Gauteng, there is 7 538 kilometres of roads. There are 2,9 million vehicles registered in this province. The bulk of these are cars of about 2,5 metres, or so, long. Did you do arithmetic, MEC? [Laughter.] If you put every vehicle end to end, it would come to cover 12 300 kilometres. So, there are more vehicles. This begins to explain to me why it takes so long to get from Tshwane to Johannesburg in the morning and visa versa. There are more cars than road.

Last year, it is said, there were 600 000 new vehicles registered, 50% of which were registered in the province of Gauteng. Now, you see when hon members from the Gauteng province engage with the provincial legislature, the question has to be: Are you providing sufficiently for roads, not just the resurfacing of roads that people drive on now, but are you spending sufficiently on roads to take all of these cars? Because, if everything is gridlocked by 2010, we are going to have a very serious problem.

So, I am saying the information is there and published. It takes people a long time to get all of this together, but it is published so that our Members of Parliament can better perform the function that they are elected to perform in this House.

It may not be a very popular thing to do, nor get us to the top of the hit parade in popularity stakes, but those of us who are involved in this work truly believe that Parliament is well exposed and the NCOP has demonstrated in the past its capacity to do the work that the Constitution assigns to it.

I want to take this opportunity to encourage this House to make more use of the in-year reports, the section 32 reports and the Division of Revenue Act in exercising its oversight. The reports indicate how much money national departments have transferred to provinces and municipalities and how much of it has been spent at the end of each quarter. It is very useful information.

From it members can tell which programmes are not spending the funds that have been appropriated. From the reports it is also possible to detect where national departments continue to transfer funds to provinces and municipalities regardless of whether spending takes place. This allows the House to intervene and call for remedial action long before the end of the financial year.

I wish to formally table the Provincial and Local Government Expenditure Review and the Local Government Expenditure Review, and trust that, as in the past, this House will set about this task with vigour, energy and determination and serve democracy in a way that our Constitution determines for it to serve. Thank you very much. [Applause.]

The CHAIRPERSON OF THE NCOP: Thank you, hon Minister. I can’t participate in the debate. I am just chairing the Chamber, but we will be happy to notify you or I might as well report to you that, in the programming committee this morning, we took a decision that this workshop should not be run on an ad hoc basis, but should be put on the programme of Parliament every year. The NCOP will discuss it with your department in terms of the dates, but it will appear on the programme of Parliament. So, the workshop is going to take place every year because we think it is very fruitful, important and effective in terms of our work.

By the way, the Minister of Education was accompanying me yesterday to my constituency. [Interjections.][Laughter.]

Debate concluded.

            FURTHER EDUCATION AND TRAINING COLLEGES BILL


            (Consideration of Bill and of Report thereon) The MINISTER OF EDUCATION: Thank you very much, Chairperson and colleagues. It’s a pleasure to be with you once more in this House. Let me begin, Chairperson, by thanking the members of the select committee for the work that they have done with respect to this piece of legislation, as well as colleagues in the provincial legislatures for the excellent amount of energy that they have put into consideration of the Bill. There have been public hearings, committee consultations, engagements with stakeholders and I believe this has been very important in assisting us to give a proper shape to this piece of legislation.

The Bill that the House will hopefully approve today is one of, I believe, the most significant pieces of legislation in the area of skills development and vocational education in South Africa. It is our hope that through this Bill, we will lay the basis for South Africa to develop a skills profile that signals a greater correspondence between economic development and human capital resources for South Africa.

A few examples that one could look at indicate the lack of correspondence that exists in these domains at the moment. Recent estimates suggest that over the next three years we will, as South Africa, be unable to fill 113 000 vacancies in the IT networking field alone. In the area of advance networking technology, that is, internet protocol telephony - security and wireless - around 60 000 posts will be vacant in the next three years. Our country lacks artisans in many sectors and the shortage is growing due to the successful growth of our country’s economy. Also noteworthy is the fact that the average age of artisans in South Africa is 54 years old – the average age. The shortage of critical skills has resulted in much poaching, as well as very expensive employees.

Our government has plans, in terms of economic development, to boost the petrochemical industry as well as power generation in our country. This means new skills requirements. The recent boom in commodity prices and greater increase in mining activity all imply that industrial expansion is under way, an expansion that requires institutions that train individuals with the appropriate skills and in the numbers required by the industry and other sectors.

The Bill, therefore, has to be understood against this backdrop and in relation to the skills training regime that we have in our country today. There is a plethora of institutions that offer training, a range of organisations; businesses do their own training, individuals also play a role.

Generally, none of the systems work in a co-ordinated and coherent fashion. This is the reason why, despite the many excellent efforts, skills gaps still remain in our country and trainees fail to secure jobs in sectors that critically need skilled practitioners. We are all doing training but somehow the trainees are not fitting into the economic need. So, there is something wrong that we must correct.

The FET Bill, therefore, provides the framework in legislative terms to strengthen responsiveness, co-ordination and quality. In the past six years we have had an important process of restructuring of colleges, but it has not been consolidated through a specific law. It is the aim of the Bill to achieve this consolidation.

It is important to stress, that all countries in the world with successful vocational training programmes, have specific legislation for colleges that offer vocational programmes. The Bill removes ambiguities that have been associated with the 1998 FET Act. The FET Act of 1998 did not differentiate colleges from high schools offering FET level programmes. This Bill differentiates colleges from schools.

We have redesigned the college sector so that from next year they will be able to offer intermediate and high-level skills to students from the age of 16 to mature adults. They will be able to give effect to our long-held idea of providing lifelong learning. To fulfil this goal colleges have to be a different type of institution to the FET schools.

To those who fear that we are deviating from our promise to create different types of focus high schools, I confirm today that this objective, MEC Dugmore, remains part of our planning. We will continue to create focus schools, technical schools, schools that focus on technology, drama and other core disciplines. These comprise part of the plan, but colleges will, with agreement on this Bill, be different from schools.

The 1998 law limits the colleges in a number of ways. Firstly, college staff are currently employed under the Employment of Educators Act, the same Act that determines the employment of school-based educators. One of the negative effects of this is that a college has to draw from school vacancy lists as a first source of staff. Thus, even if a college is in need of a skilled technical person it may be required to employ a language educator who is top of the vacancy list. The Bill addresses the situation and places the employment of college lecturers on a sound and secure footing.

Secondly, colleges are currently obliged to employ educators who have educational qualifications. Even where the specific need is for an expert in the field of banking or tool making, colleges have to prefer an expert with an education qualification. The Bill addresses the situation and makes it possible for colleges to engage the best teachers for the training task.

Thirdly, FET colleges are currently designed to teach teenagers and not adults. This is because our colleges keep school time. The Bill addresses this mischief. Colleges need to be able to offer classes in the evening or on weekends and in facilities that are adult friendly. The Bill addresses the situation so that colleges do not keep school time or school terms and are available to both teenagers and adults. The Bill also establishes the possibility of greater articulation and mobility between colleges and universities.

In the coming period, there can be little doubt that the shape and functions of higher education institutions, and in particular the universities of technology, will be influenced by the maturing FET college sector, with the progressive introduction of responsive and modernised programme offerings.

The Bill creates a platform for colleges to respond more adequately to the skills needs of our country. It introduces flexibility and focus into the sector. Colleges will become far more effective in addressing our skills needs. It’s important to state that the Bill protects educators currently employed in the college sector, which was a major concern that emerged in the public hearings.

The Bill proposes that management staff will be appointed by the MEC, while all other staff will be employed by the college. There has been a great deal of concern about the employment provisions of the Bill. The objections have been taken into account in the parliamentary process, and I again thank hon members for the role that they have played in this regard.

As a result the Bill has been revised to emphasise the protection that all employees have under current labour legislation. Lecturers will continue to be represented in the Education Labour Relations Council and unions will decide themselves whether to establish a separate bargaining council for college employed staff.

The Bill is not only important for setting up a specific statutory platform for colleges. It is also important because our current shortage of skills poses the biggest threat to the infrastructure programme of government. The Bill lays down the framework for the skills revolution that has to get under way in South Africa.

All indicators of economic growth and development point to the fact that we must have more artisans in all the economic sectors in our country. We believe colleges are best placed to teach these skills alongside industry and other partners. So, the time for the college sector has come. Now is the time for employers to look to the college sector for those critical skills they need in the immediate future.

The major development in the college sector in the next three years will be the teaching of new modernised programmes. The new programmes have been developed in consultation with all stakeholders and have won broad national support. These new programmes are grouped into 13 fields and comprise 52 core subjects and many additional specialisations or electives. These have the possibility and flexibility to be extended where necessary.

Colleges have been funded and developed recently through the FET college recapitalisation fund to upgrade lecturer skills. So, we are not saying that those persons currently in colleges cannot remain there; if you would want to train in information communications technology, when you were previously a teacher of English, we provide funding for you to go and get that training to fit you for that particular role. So, you are not being thrown out in any way. We are actually giving money so that you can go and seek training to make yourself suitable for engaging in teaching within the institution.

We also have improved equipment in the colleges’ infrastructure and all the colleges are now IT-connected. They have been helped to develop strategic plans and operational plans that align with the local regional and national priorities of our country. Not all our colleges will offer the same range of programmes. They will be expected to respond to local needs, both economic and social, but to do so within the national framework of skills development. I think what we will see with the passage of this Bill into law is a new beginning for vocational education in South Africa. The Bill will position colleges to teach the skills that are clearly recognised and identified in Asgisa and Jipsa. Colleges will now be in a position to develop as a sector that has its own specific unique role; its own specific unique function and its own specific identity. The Bill, moreover, creates the space for the development of other institutional forms, which are referred to in the Further Education and Training Act, but are constrained by the limitations of that piece of legislation.

Thus, hon members, should the need arise and the objectives be clearly defined, there is space through this legislation to develop community colleges or workers’ colleges. Although we have 50 colleges in our country, there are approximately 260 college sites or facilities. Not all of these are viable at present. Much work still needs to be done to ensure that as many of the sites as possible offer exciting modern programmes.

Colleges are expected to develop all their facilities where there is a need to do so, or to relocate the facilities to where there is a college that functions maximally. This is also part of the benefit of allocating greater responsibility and authority to the college councils and management. This is part of this responsiveness that we must have.

Sitting here in the House we would not know whether in a particular area they may need to move a programme function to a site that is larger, in order to take on many more students. So we should allow that flexibility to the sector itself to determine how it responds to emerging needs; and the Bill creates this space. The Bill is designed to enable college councils and management to make colleges a sought after and attractive choice for school leavers and for adult learners.

Hon members, you would be aware that many young people in our country believe the best place to go and train beyond school is university or a university of technology. This is one of the reasons for the shortage of skills that we have in South Africa. We would like to move to a situation where the FET colleges become an institution of first choice for young people of our country, because the skills training they offer are skills that are defining the future for South Africa.

I would like to ask hon members to support this piece of legislation. Colleges are a critical part of our nation’s response to the challenge of addressing unemployment and poverty in South Africa. I would like to say to hon members: Please join us, all of you, in the skills revolution that is under way in our country. [Applause.]

Mr B J TOLO: Chairperson, hon Minister, hon Deputy Minister, special delegates and colleagues, the crucial challenge after the demise of apartheid was to look at whether the education system we have is an adequate vehicle that could succeed in stimulating, directing and utilising the creative intellectual energies of our people to expand the frontiers of prosperity and a better life. It was and it is generally agreed that the system needed to be overhauled in its entirety so that, on its ruins, a new system can be developed; a system with new values, that which will be in line with the new political, social and economic realities of our country. To this end, we have moved with speed to transform our education system so that it equals and competes favourably with that of other free nations.

However, it is our considered view that there is still a disjuncture between our education and the needs of our economy. Ours has mutated from an economy dominated by a primary sector, which does not need highly skilled people, to secondary and mainly tertiary sectors, which is characterised by specialised skills. This is due to the scientific and technological revolution that we have seen in the world in the past years.

For an economy to survive and compete favourably in this global world today, you need a workforce that can be skilled and reskilled quite rapidly. Any country that ignores its objective reality does so at its own peril. When our government introduces programmes like Asgisa and Jipsa, it is in fact alive to this reality. The education department has a major fundamental role to play if we are to realise the objectives of Asgisa and Jipsa, so that we can grow our economy in order to banish poverty.

With the passage of this Bill into an Act, we will experience a revolution in skills development. The Bill will, to a large extent, become a universal remedy to the skills shortage of our country. The young people will have an opportunity they never had hitherto, to acquire the necessary knowledge that will enable them to find and create employment.

The Further Education and Training Act of 1998 did not differentiate between FET colleges and FET schools. The Bill before this House makes FET colleges to be different institutions that will not be rigid and inflexible. It removes all constraints and impediments which were factors in FETs delivering on their programmes.

In the past year, the Department of Education appropriated substantial amounts of money to FETs concerning the programme of recapitalisation. The aim was to put them on a pedestal that would enable them to respond to the present day’s challenges. The recapitalisation programme and this Further Education and Training Bill complete the strategic objectives of the Department of Education in the field of skills development. My colleagues in the committee will speak at length on the content of the Bill, whilst I will only skim over some pertinent issues of the Bill.

The Bill provides that the MEC in a province establishes and declares institutions that offer further education and training as public colleges. Each college will be a juristic person, governed by an elected council which is drawn from different categories of stakeholders, including the student body.

Private colleges that offer further education and training programmes will have to apply to the Director-General of the Department of Education for their registration. For the private college to succeed in their application, they must fulfil certain requirements. This will help to protect the unsuspecting students and parents from fly-by-night colleges that rear their heads in our country from time to time.

When this Bill becomes an Act of Parliament, only the principal and the deputy principal will be employed by government in the respective provinces. The colleges will employ the lecturers and other support staff. The situation will be more or less the same as in tertiary institutions. We must hasten to say that some teacher unions are not happy about this. The basis for their fear is not properly comprehended, as their conditions of service will be protected by law such as the Labour Relations Act. All their privileges and benefits will be transferred with them to the new employer. Furthermore, the lecturers and other staff will be remunerated through funds allocated by the state, in accordance with the norms and standards as elaborated by the hon Minister of Education.

The appointment of lecturers by the FET has a positive spin-off for the country. It will introduce the much-needed flexibility and responsiveness on the part of the colleges. The colleges will be able to respond rapidly and without long-winded red tape to the needs of the economy and indeed the needs of society in general.

For instance, if a company like Sasol, which recently imported many welders from other countries, would need a certain number of qualified welders within a short space of time, it should approach a nearby FET to ask that such people be trained for them. The college will immediately appoint a qualified and experienced welder, either on a temporary or contract basis, to provide training. The person that they employ will not necessarily be a qualified teacher. In no time, welders will be delivered to Sasol.

In the present situation, if the above scenario unfolds, the college will have to go to a list of unemployed teachers in the province and look for a qualified welder, and chances are that they will not find anyone suitable to do the job. They will therefore employ, for instance, a biblical studies teacher. The output will be mediocre welders and this is not what our country needs.

The idea of having FET colleges and schools operating under the same law is untenable and needs to be corrected, as this Bill is doing today. Besides colleges having to fill posts in accordance with the Employment of Educators Act of 1998, they also have to operate and function as if they are ordinary schools.

The working hours are also like those of a school. When this Bill becomes an Act, it means that they will then work flexible hours when the need arises. If a company approaches a college and says that there is a group of people who need a particular skill but they can only be available in the evenings or on Saturdays, the college can now arrange that these people be taught that skill at their convenience. The college cannot do so as long as they function like schools.

Quality education in the FET is our watchword. It is for this reason that the director-general, in accordance with the norms and standards, is to see to it that quality education is forever promoted in these colleges. UMalusi will also play a vital role in promoting quality assurance in these institutions.

In addition to this, these colleges must prepare and submit annual reports on their performance and utilisation of resources to the MEC responsible for education in the province. These measures are meant to ensure that the highest standards are reached and kept by the colleges.

Experience has taught us that some schools have used language as a tool to exclude some learners from access to tuition. This Bill provides that the language policy of an FET institution determined by the council must be approved by the MEC in the province. To us, this is a safety valve.

We must also say that there is a genuine concern, although it should not stop us from passing this Bill. The fact is that rural and poor colleges will not be able to compete with urban and affluent colleges when it comes to attracting highly skilled personnel. We are aware that lecturers will be paid from the state coffers, but rich colleges will be able to top up salaries of their lecturers to attract the best brains. It means therefore that rich colleges can poach good lecturers from poor institutions, which cannot add on to the salaries of their lecturers. The incentives of better remuneration will draw better lecturers away from poor colleges. In the long run, the colleges outside the glittering lights of the industrialised areas will be unattractive even to the students. Is there anything that can be done to stop this, hon Minister?

In order to realise our noble goal in these FET institutions we need to make them as accessible as possible. Deserving students from poor families need some financial assistance.

The CHAIRPERSON OF THE NCOP: Hon member, your speaking time has expired.

Mr B J TOLO: In conclusion, we want to say that a child or a person who comes from a university is educated and learned, but is a job seeker himself. However, the one who comes from a technical college is skilled and can actually create a job.

Nk N M MADLALA-MAGUBANE: Sihlalo, ngibingelela uNgqongqoshe Wezemfundo kanye nePhini lakhe, ngibingelele abahlonishwa abaqhamuka ezifundazweni ezahlukene, ngibingelele bonke abahlonishwa ngibuye ngibingelele nezethameli ezikhona phakathi kwendawo. Okokuqala, ngizochaza ngenhloso yalo Mthethosivivinywa okuthiwa yi-Further Education and Training Colleges Bill.

Sihlalo mangikusho ukuthi lo Mthethosivivinywa obizwa ngokuthi yi-Further Education and Trainig Colleges Bill ubaluleke kakhulu kuleli lakithi laseNingizimu Afrika, ngani ngoba inhloso yawo ukwenza isiqiniseko sokuthi wonke amakolishi ancike kulo Mthethosivivinywa, ngokuhambisana nokusungulwa kwawo, ukuhlahla indlela, ukuxhaswa kwezezimali kanye nokuqashwa kwabasebenzi. Konke lokho kuyahlanganiswa kube yimbumba ngaphansi kwalo mthemtho. Ngamanye amazwi ngichaza ukuthi kuhlanganiswa iMithetho eminingi yenziwe kube uMthetho owodwa.

Enye yezinhloso ukuthuthukisa amakhono ezemisebenzi ikakhulukazi kubafundi bakuleli. Ngaleyo ndlela imisebenzi ebalulekile yobuchwepheshe izotholakala kalula, ngoba abafundi uqobo lwabo bazohlomula ngaphansi kwalo Mthethosivivinywa. Isihloko sesibili sikhuluma ngokusungulwa noma ukwakhiwa kwalawa makolishi, lapho oNgqongqoshe bezifundazwe bezoba negunya lokusungula amakolishi, inqobo nje uma eshicilelwe kusomqulu obizwa ngokuthi i-Government Gazette kanti futhi nalapho imali igunyazwe ngokomthetho yisishayamthetho sesifundazwe.

Elinye ilungelo loNgqongqoshe bezifundazwe ukuguqula noma ngabe iliphi ikolishi lenziwe libe ngelomphakathi wonke. Lolu shintsho luzokwenziwa oNgqongqoshe bezifundazwe bexhumene naye uNgqongqoshe kazwelonke.

Okunye okubalulekile ngalo Mthethosivivinywa ukuthi amakolishi adlula kwamabili angahlanganiswa kusungulwe ikolishi elilodwa. Izigungu zamakolishi kungenzeka zihlanganiswe kwenziwe isigungu esisodwa noma kube yizigungu ezahlukene. Ushintsho olufana nalolu luzokwenzeka uma umphakathi uthintiwe kumbe kwaxhunyanwa nawo. Lokhu kuzoba ngumsebenzi kaNgqongqoshe wesifundazwe. Elinye igunya analo uNgqongqoshe ukuvala noma ngabe yiliphi ikoloshi uma kunesidingo salokho, njengesimo lap ho ikolishi lingakhiqizi amakhono adingekayo emphakathini wakuleli.

Isihloko sesithathu sikhuluma ngokuphathwa kwalawa makolishi. Amakolishi azophathwa ngokubambisana nesigungu sekolishi, ibhodi labafundisi kanye nesigungu esimele abafundi. Ngikholelwa ukuthi konke lokhu kuzovimba imidlwembe yona engafuni inqubekela phambili emphakathini. Isihloko sesine sikhuluma ngokuqashwa kwabasebenzi emakolishi. Kuyilungelo likaNgqongqoshe ukuqasha othishanhloko kanye namaphini abo emakolishi ngaphansi koMthetho obizwa ngokuthi yi-Public Service Act. Ukuqashwa kwabafundisi kanye nabanye abasebenzi kuzoba yilungelo lalo ikolishi.

Sihlalo mangicacise ukuthi isigungu sizolandela imithetho ebekiwe eqondene nabasebenzi ekuqasheni, okuyiMithetho enjenge-Labour Relations Act, Basic Conditions of Employment Act, Employment Equity Act kanye neminye. Futhi isigungu sivumelekile ukusungula izikhala zabafundisi kanye nabanye abasebenzi.

Okunye okubalulekile ukuthi kunesidingo sokuthi amakolishi azimele wona ngokwawo, anganciki kuhulumeni. Ngokwenze njalo, ikolishi lizoba nolwazi ngezidingo zomphakathi walo. Sihlalo, ake ngenze isibonelo: Ake ngithi imboni ethize idinga onjiniyela abathize. Kungumsebenzi walelo kolishi ukukhiqiza onjiniyela ngokushesha ukuze linikeze leyo mboni; noma-ke ikolishi lijule ekuqeqesheni labo njiniyela abantulekayo kulowo mphakathi.

Uma kuba khona isimo sokushayisana noma ukungaboni ngaso linye ngamaholo noma izimo zokusebenza phakathi kwabafundisi noma abasebenzi, noma iliphi iqembu livumelekile ukuthinta umkhandlu wokuxazulula izinkinga obizwa nge- bargaining council. Lo mkhandlu wasungulwa ngokomthetho obizwa ngokuthi i- Labour Relations Act futhi uhambisana ne-Commission for Conciliation, Mediation and Arbitration ebizwa nge-CCMA. Singakukhohlwa futhi ukuthi abafundisi nabasebenzi bangaphansi kwezinyunyana ezahlukene, engikholelwa ukuthi nazo zithintiwe ngalo Mthethosivivinywa.

Sihlalo, mangikusho ukuthi lo Mthethosivivinywa uzothuthukisa izwe lethu, ikakhulukazi ngamakhono antulekayo emiphakathini. Lo Mthethosivivinywa uzokwenza ukuthi singalandi abasebenzi ngaphandle kwaleli zwe kodwa sizikhiqizele thina ngokwethu. Ngaleyo ndlela imisebenzi izothuthuka. Ingane uma iqeda ekolishi izoqonda ngqo emsebenzini, ifike isebenze ngaphandle kokungabaza. Ngiyabonga Sihlalo. (Translation of isiZulu speech follows.)

[Ms N M MADLALA-MAGUBANE: Chairperson, the Minister of Education and her Deputy, the hon members from different provinces, all members and the public present here, I will firstly explain the purpose of this Bill called the Further Education and Training Bill.

Chairperson, let me say that this Bill, the Further Education and Training Bill, is very important to South Africa because it seeks to make sure that all the colleges are in line with it with regard to their establishment, guidelines, financial support and the recruitment of employees. All these become one in this Bill. In other words, many Acts are incorporated to make one Act.

The other purpose is to develop practical work skills, particularly amongst the students of this country. In that way, it would be easy to find people with scarce skills because even students themselves are going to benefit from this Bill.

Chapter 2 deals with the establishment of public colleges, where Members of the Executive Council will have powers to establish these colleges, as long as it is gazetted in the Government Gazette, and where the money is appropriated for this purpose by the provincial legislature.

The Members of the Executive Council will also have powers to declare any institution as a public college. This change will be implemented by the Member of the Executive Council in consultation with the Minister.

The other important thing about this Bill is that two or more public colleges can be merged into a single college. The councils of colleges may be merged to form a single council or have different councils. This type of change will only happen after the consultation with the public. This will be the duty of the Member of the Executive Council. The other power that the Minister will have is to close any college if a need arises, like in a situation whereby the college does not develop the skills that are necessary to the citizens of this country.

Chapter 3 deals with the governance of these colleges. The colleges are going to be governed by a council in collaboration with an academic board and students representative council. I hope this will stop hooligans who do not want progress in communities.

Chapter 4 deals with the appointment of employees in colleges. It is the responsibility of the Minister to appoint the principals and the deputies in terms of the Public Service Act. The appointment of lecturers and support staff will be the responsibility of that college.

Chairperson, let me emphasise that the council will appoint employees in compliance with the Labour Relations Act, Basic Conditions of Employment Act, Employment Equity Act and others. The council is also allowed to establish posts for lecturers and support staff.

The other important thing is that there is a need for the colleges to be independent, and not be dependent upon government. By so doing, the college will have information about the needs of its community. Chairperson, let me give an example here: Let me say that a certain industry requires a certain number of engineers. It is the duty of that particular college to produce those engineers to supply that sector, or the college has to concentrate on training those engineers that are needed in that community.

If a dispute arises about the payment or employment conditions of lecturers and support staff, any party is allowed to refer the dispute to a bargaining council. This council was established in terms of the Labour Relations Act and it works hand in glove with the Commission for Conciliation, Mediation and Arbitration. We must also bear it in mind that lecturers and support staff have different unions and they are affected by this Bill.

Chairperson, let me say that this Bill will develop our country, and it will particularly address the question of scarce skills in our communities. This Bill will make us train our own employees and not recruit people beyond our borders. In that way, work opportunities will be created. After completing their studies at a college, students will then go straight to the working environment, and start working without any hesitation. Thank you, Chairperson.]

Mr O M THETJENG: Chairperson, the Bill before us today is an important one in the development of our country, South Africa. It seeks to repeal the Further Education Training Act, Act 98 of 1998. Matters relating to establishment, governance and employment of staff and funding of public colleges are dealt with in this Act. It also recognises the existence of private FET colleges, which is very encouraging.

It was only last week during the presentation conducted by the Department of Social Development that we were confronted with the dire shortage of social workers in this country. The skills shortage is a reality that cannot be denied by anybody who has the interests of this country at heart. FET colleges must respond to the needs of the community, and these needs are about well-qualified carpenters, nurses, medical technologists, artisans, IT specialists, etc. Communities want to be part of the colleges.

If the FET colleges cannot produce these highly needed skills, then we are doomed to failure as a nation. The biggest challenge is about the staff presently employed under the Department of the Public Service and Administration, who fear to be transferred to the new entities that are to be semi-autonomous. The Minister touched on this particular issue and it is a reality, where the present staff are asking questions as to what’s going to happen to them. There is speculation that exists that they will forfeit their privileges such as their pension fund, housing subsidies and capped leave.

Yes, the Labour Relations Act, Act 66 of 1995 is invoked to provide checks and balances. The challenge is not really whether the law is in place, it is the implementation that gets us worried and these questions or concerns need to be addressed. Will teachers that cannot be absorbed by the new FET system be taken up by the department? Will they be made to do administrative work, perhaps? Are we still to experience the concept of excess teachers as we did during the redeployment debacle in the schools and teacher training colleges? Are they going to be accommodated for a period of time and thereafter dumped, in accordance with the words, “This is a new institution?” Are we going to see that situation? Will you consider giving severance packages to those who are about to retire? If the answer is no, please consider it.

The DA requests you to consider the above issues and deal with them as a matter of urgency. Those that cannot be absorbed by the FET colleges might have to be considered within the schools’ FET band, depending on the skills and knowledge they possess. However, this depends on the teacher unions that negotiate at the appropriate forums, which is not happening these days as it is supposed to.

It is the DA’s belief and hope that poor students will be accommodated in these institutions, without being excluded due to lack of financial resources. Funding of these students by government must be open and fair since a means test is to be used. The combination of those who can afford to pay the fees and those that are sponsored by the state will ensure that these colleges are self- sufficient. They must also forge links with the private sector so that some of the courses can be tailored towards the needs of a particular company’s demand for skills. If this is done, the colleges will be practising a doctrine of responsiveness thereby allowing more financial resources to flow into the institution.

For this institution to be a success, the appointment of principals … and I heard my hon chairperson Tolo saying that principals are going to be appointed by government. No, they are not going to be part and parcel of that. The MEC only appoints and from there they are left alone into the institutions. It’s for them to see how the institutions are. If this is done, the colleges will then be practising a doctrine of responsiveness thereby allowing more financial resources to flow into the institution.

For these institutions to be a success, the appointment of the principal, who is the chief executive officer of the college, the vice-principal and the council are highly critical. Jobs for pals must stop. We have seen how this practice has crippled a lot of rural municipalities throughout the country, where teachers have been appointed as municipal managers and some are not coping.

It is our recommendation that the principal, who is the CEO, should have a specified term of office so that if he or she does not perform he or she must lose the position. We propose that this be included in the regulations. This will encourage principals to perform better because the keeping of their job depends on how the college is performing. Presently school principals are employed for life, irrespective of their performances. If performance-related bonuses were paid to them, they would then receive these bonuses for life.

These institutions must by all means provide us with solutions to the shortage of skills. They should be able to compete with the rest of the world. South Africa must be able to export skilled personnel, having had satisfied our market demands. Rural FET colleges are likely to be affected negatively. How are they to be assisted? I believe the Minister will do her best to really address some of the issues that we raised here. Thank you very much, Chairperson. [Applause.]

Ms T J NDIMANDE (Limpopo): Hon Chairperson, hon Minister and Deputy Minister of Education, I am going to talk about a very positive Bill here and not a negative one. Other people are starting to put negative things into this beautiful, positive Bill. They are talking of the dumping of teachers and all those things that are not the objectives of this Further Education and Training Colleges Bill.

However, thank you for an opportunity to make observations on a Bill that is critical in our education, that is, the Further Education and Training Colleges Bill. FET colleges are a very important component of our education system. The nature of skills they produce are the ones that the country needs for its development. I want to repeat for the sake of those who do not understand: the nature of skills they produce are the ones that the country needs for its development.

The issue of a skills shortage in critical areas of our development has been mentioned in a number of forums. It is possible for government to pay particular attention to the FET sector. This Bill is critical in that it seeks to address the gaps in the existing legislation, the Further Education and Training Act of 1998. This Bill mainly deals with issues of establishment, governance and funding for public colleges and the appointment of staff. With regard to the establishment of FETs, the Bill tries to draw a line of distinction between the FET institutions and the schools that offer FET programmes. This is a necessary distinction as it clears confusion on whether a school offering a FET programme could be referred to as an FET institution. The Bill is clear on this one, as it states that schools established in terms of the South African Schools Act are excluded from the category of FET institutions.

The second important aspect of this Bill, is that it addresses issues around the appointment of staff for the FET colleges. To this end, the Bill differentiates the appointments that are to be made by the MEC for education from those that are to be made by the colleges themselves.

The MEC is responsible for the appointments of the college management, including the principal who serves as the CEO. The appointment of the other two categories of staff, that is the lecturers and the support staff, is the responsibility of the respective college.

During our interactions with stakeholders it came to our attention that there are those who are uncomfortable about the appointments to be made by the colleges themselves, as outlined in chapter 4 of the Bill. They were mainly citing reasons of potential bias if the process is left unchecked. When looking at this issue, it is critical to consider the intention and the suggested measures for checks and balances.

Regarding the intention, the Bill seeks to give room for the FETs to be responsive to the needs of their immediate communities. For example, should there be an urgent unforeseen need for engineers or plumbers, the colleges should be in a position to act swiftly and get the relevant staff who will assist them in the production of such skills. We feel that this is critical because we have always believed that educational institutions need to be responsive to the needs of the communities. We cannot afford to have institutions that produce people that will be of little or no assistance to our societal needs.

On the question of the checks and balances, the Bill clearly states that appointments to be made in this regard will be guided by the provisions of the Labour Relations Act, the Basic Conditions of Employment Act, Employment Equity Act and other related pieces of legislation. This clearly shows that appointments cannot be made arbitrarily.

The last important aspect that the Bill seeks to address is the funding for the FETs. There has been a tendency from some colleges to raise the fees under the pretext of covering payments of lecturers and support staff. The Bill clarifies this by stating that the payment of staff will be made from the funds allocated by the state. We hope that this Bill will clear up some misunderstandings around the sources of funding for the colleges.

The Bill goes further to clarify issues of benefits for staff. To this end, it allays the fears that by joining the FETs, staff will forfeit their privileges such as pension funds, housing subsidies and capped leave. We believe that this will go a long way towards addressing the uncertainties, which could otherwise lead to staff turnover.

Mhaka a leyi a hi hlangana na yona eka tistakeholders, hi leswaku vatirhi a va chava ku lahlekeriwa hi hi mintirho no lahlekeriwa hi timfanelo leti vangana tona sweswi. Va nge lahlekeriwi hi nchumu hikokwalaho ka nawu lowu wa Nawumbisi lowu.

Nakona loko tiFET to famba kahle ku ya hi nawu lowu, swi ta hunguta vusweti na ku pfumaleka ka mintirho. Nawumbisi wu nge swikoti ku rhwala swilo leswi hinkwaso, milawu ya mafambiselo na hinkwaswo. Handle ka swona hi nga vona xikochikara xo kokiwa hi timbomgholo xi rhwele Nawumbisi leyi yo tani. Se, hi nge swikoti ku katsa swilo leswi hinkwaswo. (Translation of Xitsonga paragraphs follows.)

[What we got from the stakeholders was that workers feared losing their jobs and the benefits they presently enjoy. They have nothing to lose according to this Bill. The other benefit is that if the FETs perform well as a result of this Bill, there will be poverty alleviation and the reduction of unemployment. The Bill will not be able to address all these concerns, operational regulations, etc., because it would be rendered unmanageable. We therefore cannot afford to include all these things.]

Having said this, as the Limpopo Province, we support the Bill as it is, as it addresses crucial gaps identified in the principal Act. Thank you. [Applause.]

Mrs J N VILAKAZI: Chairperson, hon Minister and hon members, the IFP support the Further Education and Training Colleges Bill. We believe that the Bill provides an enormous opportunity in addressing the issues of skills development, youth unemployment, as well as alleviating the grinding wheels of poverty.

It is our view that the Bill will enhance the provision of knowledge and skills to our children, adult learners and especially to those who did not manage to pass their matric with good marks. It is indeed an important development that colleges would be transformed to accommodate a greater number of learners and that the quality of programmes offered in colleges will improve in order to create more employment opportunities, as well as prospects of higher education for our young people.

Increasingly important is the fact that the Bill provides an opportunity for developing flexible programmes in shorter courses that are in line with the interests of employers and specific industries. It is also of vital importance that government will take responsibility for the establishment, governance and funding of these colleges.

We are very grateful that in the final analysis the department has accommodated all our concerns. We therefore fully support the Bill. I thank you. [Applause.]

Mr C DUGMORE (Western Cape): House Chairperson, Minister, hon members of the House, I really want to indicate that, from the Western Cape, both in terms of the department, our colleges and also the members of our House, we are completely in support of the new colleges Bill. This Bill really does, as has been indicated by other speakers, provide a clear framework for the operation of our colleges.

When our Minister spoke, she indicated that one of the key challenges we face is the attitude towards our colleges. Very often there is a perception that the only thing for learners to do once they finish matric is to go to university. That is clearly a challenge that all of us have to face, that colleges are an option not only for those who need matric, but also in fact for those that finish Grade 9. It is an option. The fact that all of us support this Bill is another step in terms of changing attitudes towards our colleges. A huge amount of work still needs to be done to advocate our colleges and to show the success that they are achieving, particularly in terms of employment rates and take-up so that more and more of our learners see these colleges as a real alternative they can take to obtain skills and find work.

I do think that the Bill not only provides a much more efficient and effective administration of our colleges, but it definitely does promote and facilitate the delivery of our mandate, which is to develop our human capital and our skills to grow the economy of our province and our country. It’s clear that a critical challenge that we face is to improve the skills profile for the future generation of leaders and also to secure the sustainability of our democracy and to grow our economy.

In our province, our department has been tasked with developing a human capital strategy to boost our overall economic strategy called iKapa Elihlumayo. The work on investment that has gone on from our national department into our colleges is greatly assisting us in developing the skills that we actually require in the province.

In our province, and I’m sure the situation is similar in many other provinces, 80 000 of our learners begin Grade 1 and only 40 000 of those learners – in other words 50% - reach matric. Clearly a huge number of the learners who are falling out of our system before matric need to be taken into the FET college sector, and this legislation is going to assist in developing the profile, management and flexibility of our colleges in order to, in fact, cater for these needs.

Our Minister is on record urging us to try and double the number of learners in our FET colleges over the next five years. This is the challenge that all of us need to take up. The new Bill is actually going to assist greatly in promoting and increasing access to these colleges, especially for our out-of-school youth, both unemployed and pre-employed.

With the recapitalisation programme that has been initiated and supported by our national department and Minister, we are beginning to see a much better articulation between general and further education in our schools, and also between the colleges and higher education in our province. Also, the interaction with the Department of Labour, as well as the various sectoral training authorities in terms of accessing learnerships and linking these to our colleges, is assisting greatly.

There have been a lot of concerns from members of our House around the issues of employment. It is very clear that chapter 4 of the Bill provides for the college council to be the employer in these colleges, except, obviously, for the management staff. It is, in fact, through positive development that the college itself and not the department will be creating other positions. Clearly, as other members have said here, the conditions of service cannot be inferior to those of the Public Service Act, and there are mechanisms provided to resolve disputes, which may arise from this process.

I also want to thank the national Department of Education for making its officials available to come down and engage with our members to allay these fears. I am also very happy to report that, when we debated this in the provincial legislature, all of the parties in our province supported the Bill, without exception.

The colleges, in terms of the new dispensation, will have more flexibility and autonomy in employing and deploying lecturers. I want to fully support what our Minister said, that one of the restraining issues at the moment is that whereas many adults would like to attend colleges in the evenings and over the weekends, the current dispensation has not allowed for that. Our colleges are looking forward to providing much more flexible offerings, which, at the end of the day, will increase the take-up in our colleges. That is something which our CEOs are looking forward to.

I want to indicate that one of the things we’ve done in our colleges is also to try and give an opportunity to our lecturers to go into the private sector for a period of time to actually update themselves with the latest trends and developments, and then come back into the colleges to share that experience and information with our learners. That has actually greatly assisted our current lecturers as well.

I am very happy, with regard to provisions in terms of language. All of us need to look at the extent to which the current language policies in our colleges are actually assisting with regard to access. All of us would need to monitor very closely how the colleges develop that language policy to make sure that we really increase access, particularly in our rural communities of our province and also in the urban context.

I also want to indicate that we are well on track in terms of the recapitalisation process in our province. In fact, we have focused on training staff members, our lecturers, assessors, moderators and also the managers of our various programmes. This greatly assisted in preparing us for the new and more creative and flexible role that our colleges will face.

We’ve also put in place new systems and procedures for student administration, and information and communications technology. This includes new registration forms for admissions and the various networks and software for better ICT administration.

The upgrading of infrastructure is going well, not only in terms of the altering and refurbishing of our classrooms, laboratories and workshops, but also in converting some of our existing college buildings and making sure that they are ready for the new programmes as identified by the national department.

It is absolutely critical that as we enact this legislation, we very seriously look at the question of access, which some members have raised as well. Our province has initiated a loan scheme to which we allocated R25 million this year to specifically help rural women students, in particular African students in our province; and to link that scheme to particular courses, which our microeconomic development strategy in the provinces identified as critical.

I can assure this House that, through that loan scheme, we’ve actually been able to increase access to our colleges. The fact that a high percentage of our learners gain employment shortly after graduation is also assisting in keeping those loan schemes healthy. I do, however, think that one of the issues that we need to look at very seriously is how we can possibly increase the loan scheme or even consider the possibility of some kind of a bursary scheme, particularly targeted in certain subjects – in certain vocational areas that we need. Our experience of the loan scheme in the province indicates that, because of the high take-up rate after graduation, it’s actually a model which can possibly work.

We believe that through this legislation, accompanied by the huge effort and focus that is going on nationally to raise the profile of our FET colleges and the introduction of new vocational certificate programmes, we are beginning to see that change in the status of our colleges. I also want to indicate the fact that our Minister personally invited every CEO of our FET colleges to a national forum and has also assisted in giving them the support that they require, and also in understanding the critical role that they have to play in terms of meeting the skills gap.

I also want to indicate that we’re in the process of appointing deputy chief executive officers for all of our colleges, as well as chief financial officers in our province. We believe that this is assisting.

In conclusion, it is a very good feeling to come to this House today to indicate full support of the department, but also that all of the political parties in our province have endorsed this Bill. Thank you very much. [Applause.]

Mr C A MSANE (Gauteng): Hon Deputy Chair, hon Minister, Deputy Minister, and members of the House, indeed, the time for the college sector has come, and as Gauteng, we fully support this Bill. I think we will be doing a disservice to the nation if we were indeed to oppose this Bill.

This is one of the most revolutionary pieces of legislation that has emerged since the dawn of the new democracy. I believe that this Bill came at the right time in Gauteng, having done a lot of work on FET colleges in the province and looking for answers to the problems that our nation is facing today. I think this Bill came at the right time.

Having worked with the Minister prior to the new democracy in our land, I am quite happy to see her coming up with this type of legislation. Indeed, you remember all the things that we had thought should happen in the transformation of our education system. And I wish you good luck with many other pieces of legislation in education.

Having said that, hon Deputy Chairperson, further education and training lies at the crossroads between general education, higher education, and the world of work. The importance of public FET rests in the contribution that they are expected to make to national human resource development through the provision of entry level to intermediate and high-level skills.

The sector plays an important role in expanding access, widening participation and promoting social inclusion in the society characterised by widespread poverty, high unequal distribution of income and high unemployment. We welcome and support the FET Bill as it intends to regulate FET colleges.

The issues of scarce skills have become a key government priority. Skills challenges in the country have manifested in those areas of the economy that need technical and specialised skills, such as engineers in the fields of mining, chemical, electrical and mechanical engineering, as well as artisans, geologists and economists. It is therefore generally accepted that this skills shortage in key occupational areas hinders future economic growth, and further, may affect the country’s ability to implement long- term development projects.

In May 2006 the government was reported to be the highest recruiter of skilled employees. Of a total of 1 884 positions advertised in April, a total of 1 056 - which is 56% - were from government and 828 - which is 44%

• was from the private sector. From the provincial perspective, Gauteng recorded an absorption rate of 53% in September 2005. It implies an increase of four per cent as compared to the 49% increase in September 2004.

The Minister of Education, Mrs Naledi Pandor, has prioritised support for sectors that are critical to skills development in support of the aims of the Tirisano plan regarding FET. The long-term vision of the FET sector therefore includes the development of a co-ordinated FET system providing high quality, flexible and responsive programmes and opportunities for a learning society, whilst the short-term and medium-term focus, on addressing the weaknesses and deficiencies of the system, are at the same time laying the foundations for the next 20 years.

In Gauteng we believe that in the context of the high unemployment, with the continuing skills gap in our country, especially in the key areas of the economy, dependence is on the FET college sector to produce skills vital in a changing global and national economic environment.

The Bill states that the department will be funding and supporting the 13 FET vocational programmes. The fact that this will also allow the colleges to be responsive to the needs of the communities they serve, as well as to Asgisa and Jipsa, is acknowledged. Gauteng considers that the Bill will assist in enhancing skills development in the country through, for example, the delivery of artisanal training, as artisans form part of the range of scarce and priority skills.

The Gauteng Department of Education FET directorate has identified a number of growth industries where there is a high command of demand of skills. We believe that the flexibility that this Bill is granting colleges will allow them to establish their competitive advantage as providers of quality training for those markets. These markets include information technology, financial services, electrical, chemical and mining engineering, etc.

So, we support this Bill with the points that I have made and many others that were made by other members. Let me take this opportunity also to welcome the process that was followed in deliberating on this Bill. I know the debate took place at short notice and that it has been on the agenda for a long time, but I think within the limited time that we were given to consider this Bill, the efforts that were made by the NCOP, as well as some officials from your department, Minister, gave us the opportunity to interrogate it even further.

I think many of the grey areas that were of concern to some other members were actually addressed. In closing, I want say that for many years there has been an outcry from many quarters that we were centralising too much power, and that the Minister or MECs have too much power, and that we must decentralise so that many institutions would be able to run themselves.

But it is surprising today that when there is decentralisation, and flexibility that allows institutions to run themselves, there are still people who complain that perhaps that is too much also, and that power must be taken back. I think if we were to continue to vacillate like that we will be doing a disservice to the nation. There has been a call that we need to be flexible, to allow institutions to work, and that time has come. I think we need to support the Minister in that. The time for the college sectors has come and we must embrace that with both arms. I thank you. [Applause.]

Mr R MAHARAJ (KwaZulu-Natal): Chair, hon Minister, hon Deputy Minister and hon members, the Further Education and Training Colleges Bill indeed constitutes a very innovative and powerful instrument to meet the skills shortage in our developmental democracy. I want to make it very, very clear from the outset that we very sincerely salute our Minister, the Deputy Minister, the architects of this Bill, as well as everyone concerned. However, without any pun in the word “concerned”, KwaZulu-Natal still has many, many concerns and we respectfully request that these concerns and issues be resolved as a matter of urgency.

Firstly, the definition of an FET college in chapter 1, section 1 needs to be revisited in order to broaden the scope and accommodate a range of learning programmes such as skills programmes, short courses and learnerships in order to respond to the needs of youths and adults who require vocational and occupational training.

Short courses based on localised needs and priorities will enhance self- employment, job creation and poverty alleviation. These funded short courses, for example in welding, which would span a period of six to 12 months, will help provide further equity and redress.

It is imperative that the Department of Education remains the employer. A new dedicated FET colleges HR unit within a provincial education department needs to be introduced as a backup to colleges, in order to harmonise and establish a measure of standardisation among all colleges, as well as to allow for a flexible recruitment process for suitable staff.

Councils must be made accountable by ensuring that a system that commits them to college governance is put in place. Generic funding norms for all college learning programmes, including skills programmes, short courses and those that respond to national, provincial and local priorities, should be established. Funding must be weighted in favour of FET colleges located in rural areas.

The occupation of the office of members of council should not be limited to two consecutive terms or 10 years, so that members who have acquired necessary and valuable experience and expertise are not lost to quality public education. KwaZulu-Natal does not support the Bill. Thank you.

The DEPUTY MINISTER OF EDUCATION: Chairperson, hon Minister, hon esteemed members, I wish at the very outset to express my gratitude to the chairperson of the select committee, Mr Tolo, as well as members of the select committee and members of the committees from the various provincial legislatures. I think they have extended themselves in ensuring that the public participatory process takes place and that opportunities are given to all stakeholders to ensure that they can contribute in one way or the other in terms of shaping this legislation. We are indeed grateful for their wonderful efforts.

It is quite clear that this piece of legislation is revolutionary, evolutionary, responsive, relevant, appropriate and timely. I don’t think there is any dispute about it. Speaker after speaker who has come to this podium has recognised the need for this skills revolutionary piece of legislation. However, it is rather disturbing that, somewhat like the proverbial ostrich whose head is buried in the sand, KwaZulu-Natal has not seen the wood for the trees.

Let me explain to you. They suggest, amongst other things, that the reservation, based on a human resource development strategy, be set out in the legislation. Strategies are not set out in legislation. We do not have a catalogue of skills in the legislation. Do they want us to define each and every offering that would be made in each and every college to ensure that before they can support this legislation, a strategy is set out in it? It means that there is poor understanding of what legislation is all about. This is framework legislation and does not detract from the possibilities that they raise. Indeed, it is critical and clear that a human resource development strategy is critical, necessary and relevant to ensure that there is uniformity. But, that is an internal mechanism that is not to be set out in legislation. There is an issue of equity and the principle on which this legislation is passed is for access and equity. Equity is indeed enshrined and embedded in the legislation. What it means is that the Minister, through her norms and standards, would be able to issue statements or declarations, which would make equity possible. For example, funding could be based on where the FET colleges are located and what the poverty index is in a particular locality. We have had this in the declarations of no-fee schools where entire institutions of learning have been declared no-fee schools. Similarly with FET, though not exactly the same, a criterion could be established in terms of which FET institutions, because of their locality and their access and opportunity to the rural poor, could have a particular criterion set in place. Now we obviously cannot anticipate the needs.

This piece of legislation is indeed evolutionary because, as the Minister says, it has to respond to the growing challenges of the country. The Minister would then be able to say what the appropriate norms and standards are, given the context of these various FET institutions, what are the appropriate demands and the programmes that are going to be offered. On that basis it could do so. So, I find it rather absurd that KwaZulu-Natal elects then to say that they would object to the matter.

They speak about concern with definitions. What are the concerns that they raise about definitions? They speak about two things that they should reflect in the skills that are being offered in the FET colleges. If you look at the definition of an FET college within the legislation, clearly, in no uncertain terms and unequivocally it includes skills. Now, I do not know what their concern is. Probably they want a catalogue of skills.

The issue of KwaZulu-Natal again, which I find quite absurd, is the fact that they are saying that there should be a single authority, the Department of Education. I think the Chairperson of Education in Gauteng was quite correct. We have more than 30 000 governing bodies that appoint our educators. This is through a democratic process and we are now assuming that these councils, whose appointments are going to be managed through criteria that have been set out in legislation, would not be able to appoint appropriate people within those institutions. So this works for thousands of our schools countrywide, yet it will not work for the FET colleges.

What we do see, however, behind this veneer is the fact that there is vested interest. People who are in the colleges, who are probably incompetent or unable to adapt to this revolutionary skills demand, who cannot adapt to a flexible model of articulation between the work place and institutions of higher learning, are now suggesting, or trying to influence or manipulate the legislature into believing that the education fraternity would be at a disadvantage. They fail to mention that in fact this process has gone through the ELRs. They fail to mention that councils would have the authority to appoint people in terms of the needs in a particular institution, and therefore we would sincerely wish that the hon representative convey this to the legislature in KwaZulu-Natal.

We find it quite unusual, notwithstanding the fact that there was support from the ANC and the IFP, that their representative still comes to this House and says that the KwaZulu-Natal Legislature is opposed to this legislation. But I say with a degree of confidence, this is because of vested interest in these institutions and the inability to adapt and adjust to this new environment.

I think, certainly the issues of funding norms and the issues of access and equity are critical. We use this as a vehicle for transformation. The FET colleges have to be the conduits for change. They are located in more than 250 sites and are accessible to communities and are, indeed, on the basis of the principle, incorporated in the legislation. This would receive special regard of the Minister in particular, because she is an advocate for transformation, equity and access in no uncertain terms.

May I just conclude by commenting that something I thought KwaZulu-Natal and other provinces would have spoken about is the quality of the programmes that are going to be offered in these FET colleges. The process was quite a unique one. We have recognised that the previous programmes were not responsive and relevant. Complaints were received that the people that come through these colleges are not proficient in language, they do not have ICT competency, they are not numerate enough and that the content of the programmes did not respond to the workplace. What the Department of Education did was that it engaged with its curriculum experts, tertiary experts, as well as sectors in those particular programmes. So, the programmes that we have in the FET colleges that are going to be introduced in the new year, are programmes where all stakeholders have participated.

For example, if you were to look at the construction industry, you would have Stocks and Stocks, Murray and Roberts and Group Five being part and parcel of the discussion and discourse in the adaptation of that particular programme to ensure that when that learner finishes that particular course, they would have no difficulty or no response that you do not have the capacity or sufficient content in terms of what is required in the workplace – so, there is ownership - the building sector, IT sector … What this provides to us is huge, huge opportunities in the workplace. We cannot have an institution that is going to respond to the demands of our economy ten years from now. We have got to do so now. I think these institutions provide the appropriate landscape for this to happen quickly.

What must be clarified also, I think KwaZulu-Natal has raised this, is that there is no exclusion of skills. The Minister said it quite clearly and categorically, and I repeat it, that if you need 500 welders in a particular locality, it becomes the responsibility of that institution to provide those skills that are needed. It would be absurd if they were told to go to university to become welders, when you have an FET college. Now, it’s only people who have the lack of capacity to understand what an FET college is who would say look, it does not respond to this.

Our sole purpose here is to respond to this particular demand in our economy - after all, we ride on the back of Jipsa and of the R360 billion that is going to be spent on infrastructure, roads, clinics and the establishment of schools. If we cannot provide the skills in the context of what we have in the educational landscape, then we would certainly not be discharging our responsibilities as a government that is caring.

Let me conclude then by saying that what these programmes do, that other programmes have not done in the past, is that it provides transversal skills. So, for example, if you were doing primary agriculture and you are from the Eastern Cape, you would not only do agriculture in terms of tilling of the land, but you would also do husbandry, you would also be computer literate and proficient in language. So you could either be a farmer, an entrepreneur, be involved in marketing or you could go to any institution of higher learning – either a university of technology or a university on the basis of your academic qualifications and pursue your education.

What we are saying then is we are providing our people with a credible and qualitative alternative to academic learning in the FET band. That reality must be understood and that opportunity must be grasped with both hands. I think as public representatives, particularly representatives in this House where we speak on behalf of all provinces, we should be the advocates for these institutions, which are indeed the vehicles and conduits for change. I would urge all members to study the contents of these programmes.

We on our part, as the Minister and the Deputy Minister have done, have gone out to the provinces. We have spoken to more than 40 000 youth in terms of the profile of the FET colleges.

So, a consultative process has already taken place and will continue to take place to ensure that everybody understands, wherever they might, what an FET college is about: that it is an institution with distinction and an institution that could respond to the radical skills revolution that the Minister spoke about. I thank you for your attention. [Applause.]

Mr M QWASE (Eastern Cape): Chairperson, hon Minister and hon Deputy Minister, hon members, departmental officials, ladies and gentlemen, firstly, I want to say that the Eastern Cape has been part of the processes of developing this Bill and we therefore support the Bill fully – in case I don’t have time to say so at the end. [Laughter.] I want to declare upfront that as the Eastern Cape we support the Bill.

The Bill is being passed at the most opportune moment, when we have just celebrated 30 years since the June 16 events. We are proud of those heroes and heroines who heightened the struggle against apartheid education characterised by the racial divides, lack of access and unequal access to education and training, and undemocratic practices. The reconstruction and development programme states that the fragmented unequal and undemocratic nature of the education and training system had profound effects on the development of the economy and society. It resulted in the destruction, distortion and neglect of the human potential of our country, with devastating consequences for social and economic development. As a blueprint for the reconstruction and development of the South African society, the RDP compelled the democratic state to ensure that the human resource development must address the development of human capabilities, abilities, knowledge and know-how to meet the purpose of our growing needs for goods and services, to improve their standard of living and quality of life.

The purpose of this Bill is informed by this noble objective defined in that tenet of the RDP. It is also informed by the analysis that was conducted in the 10-year review report, which alluded to among other things, that the social challenges for the next decade of freedom is the matching of the skills to the requirements of the economy, restructuring higher education, improving uptake and graduation from Abet programmes and reducing disparities and access to education by the poor. One of the economic challenges cited in the same report is the focus on targeted skills development and steady improvement in the education system and the functioning of the labour market. The FET colleges are therefore central in meeting the challenges outlined in that 10-year review report. It is imperative for the state to restructure and transform these institutions and also empower them to execute this responsibility. It is our view that this Act seeks to do exactly that, to ensure that those colleges are restructured and are empowered to execute that responsibility.

In pursuit of this transformation agenda the President, in 2004, committed government in ensuring adequate funding of technical colleges and proper alignment of the courses, to fit the requirements of the economy, recapitalise all technical colleges and intermediate training institutions ensuring that they have the necessary infrastructure, capacity and programmes relevant to the needs of our economy. To this end, as a province we have seen the impact of that intervention and that commitment made by the President as early as 2004 of ensuring that the capacity of these institutions is beefed up.

According to the report that we received from the provincial treasury on the spending patterns in the conditional grants, the recapitalisation grant is one of the grants that have got the highest spending. In our province the FET colleges targeted that by the first quarter they would have spent R30,5 million. They spent R30,525 million in the first quarter, according to that report received from the provincial treasury on the spending patterns on conditional grants. This shows that, indeed, that capacity is being developed and we can see progress.

It is our view that for the smooth and effective implementation of the Act, the following challenges would have to be taken into consideration: We need to deepen the understanding of the college community on the content and the purpose of the Act to avoid any possible tensions and impediments to the realisation of the objectives of the Act, and to ensure that we allay all the fears and uncertainties about the future.

We have agreed in the province with the department when we engaged the various stakeholders that within the college community there is an information gap on a number of issues that have been dealt with by the department. There is that information and we have agreed with the department that they must convene a broader session of the FET college sector to brief them on everything and close that information gap. It is a source of unnecessary tension.

The second challenge that we would like to raise is that we need to build the capacity of the FET colleges to manage human and financial resources as employers, given the fact that they are now going to be employers. We need to ensure that we build that capacity so that they are able to manage those institutions and we should place priority on those previously disadvantaged colleges, given the fact that the lack of capacity there is glaring.

Thirdly, we need to develop a new cadre of educators and trainers capable of producing the expected levels of skills needed. We are talking here about intermediate skills and advanced skills that must be provided by the FET colleges. We must ensure that the educators and trainers there are able to provide those skills.

We also need to explore, as a matter of urgency, the introduction of the student financial aid scheme to attract students to the FET colleges and address the issue of access, especially for the poor. The MEC for the Western Cape has raised this earlier on. They are competing with institutions of higher learning like your technikons and your universities, which have the necessary student financial aid.

There is also a need to clearly define the role of FET colleges in assisting innovations and research and development. This can assist in retaining the intellectual property within the country and in the process create job opportunities and build our economy. I have met one of the people in the province who came with an innovation. The countries from the northern hemisphere are looking into that innovation and they entice such people with citizenship. That innovation is developed in another country whereas it is actually the intellectual property of this country. We need to define our role to assist such kinds of talent and ensure that those innovations are researched and developed here to create jobs and to stimulate economic growth within the country.

The partnership amongst the Department of Education, the Department of Labour, Umsobomvu, the FET colleges, Setas and employers launched by the Deputy Minister and the Minister of Labour in the Eastern Cape last year should be broadened. It should also include other departments such as DTI and the Department of Science and Technology. Such collaboration can help institutions out in the far-flung rural areas, which are not close to the industrial hubs.

Clear targets should be set for colleges and as such should be aligned to the human resource development strategy, the skills development plans in provinces, the industrial development strategies that are being developed, and the work done by Jipsa. We also need to have some clear targets to ensure that these FET colleges perform in terms of their responsibilities and the different programmes that they have.

The last issue that we would like to raise is that the provision of quality education and training cannot be overemphasised. The ability of students to acquire high-level skills and their possibilities to articulate to higher education is dependent on quality improvement in education and all levels, prior to the entry to FET colleges. The Eastern Cape supports the Bill. [Applause.]

Mr M A SULLIMAN: Chairperson, hon Minister, Deputy Minister, MECs, colleagues, when we received our first briefing on this Bill, it was as if something was opening the world to South Africa. It is very interesting and we want to thank the senior officials in the Department of Education for co- operating with us. Whenever we called them, they were there to explain issues to us, even when we raised concerns they were there to assist us.

It was on 7 or 8 September when I went to my province to go and brief the Standing Committee on Education on this particular piece of legislation. We discussed this issue and we went through it thoroughly. My province went out of their way and visited the five different regions and conducted public hearings out there. As you all know, the Northern Cape is a vast province. One has to travel for kilometres and kilometres to get to a point, and it is always impossible for us to conduct hearings in our legislatures. We must go out to the people and that is what we did.

I want to place it on record that the Northern Cape did a thorough job in consulting the public and relevant stakeholders on this piece of legislation. [Interjections.] We even went to De Aar. That is the Minister’s constituency.

According to the Bill of Rights contained in the Constitution of the Republic of South Africa, everyone has the right to basic education, including adult basic education and further education and training, which the state, through reasonable measures, must make progressively available and accessible. Education is one of the most important long-term investments a country can make. There has been a significant increase in the education expenditure under the post-apartheid democratic government since 1994. It is also true that we in South Africa have one the highest rates of government investment in the education sector on the African continent.

Having listened to the Minister of Finance earlier on, where we had this workshop on the IGFR yesterday, it was like an eye opener to many of us. We who are supposed to do our oversight work will have to keep a close eye on how these colleges are going to function and the spending patterns of such colleges. At the end of the day one would like to see value for money.

The public FET sector has, like the HET sector, undergone nothing short of a total metamorphosis. The form and shape of the public FET sector is vastly different to the one we had under the old apartheid government. It has taken a long time to get to where it is now, but signs are that you are ready and moving very fast towards really starting to support the skills development revolution.

The Bill on the FET colleges allows for the development of a legislative framework that is separate and unique from other educational frameworks such as schools or universities. This is also a very laudable approach and will go a long way in strengthening the already existing two pathways under our legislation, and learnership and apprenticeships. This move, with added workplace learning and collaboration with the Setas, will create opportunities of learning that will allow our young people to develop skills that are much more aligned to the world of work. Regarding the funding of colleges, further education and training has for decades sat uneasily alongside schools and more glamorous higher education institutions, large but neglected and seen as second best. But now government is pursuing people’s economic upliftment through lifelong learning, seeking to improve and grow FET colleges that currently cater for more than a few hundred thousand students, aiming to fit them more snugly into the education system and to shift people from the informal to the formal economies via large-scale skills development.

It also sees investment in the FET as a cost-effective way of overcoming the educational inequalities of apartheid. The history of apartheid education cost many young people to look to universities as their sole source of post-school training. All the evidence indicates that we cannot allow this situation to continue. We must provide viable opportunities that will make a real difference. Different, unconnected funding mechanisms operate in the FET band, at national and provincial levels and across the different departments of state.

Without an overarching funding strategy for the FETs, linked to a clear national policy, the funds available are not used to the best effect. Funding of public sector FET providers has been extremely unequal, with most historically black institutions receiving poor levels of funding. As a result, many FET institutions have been unable to function effectively. At a press conference following the introduction of the Education Budget Vote for the 2006-07 financial year, the hon Minister said that FET colleges should receive a sufficient subsidy to keep their fee levels at the low-income rate. Government has committed R2 billion to higher education this financial year for the systematic modernisation and development of the FET sector. We welcome this, hon Minister.

After having listened to what my colleague from the DA said earlier on regarding the question of lecturers who were going to be dumped and thrown away. In actual fact, the Bill is quite clear and although you mentioned the fact that the Labour Relations Act is in place, in our democratic country these processes would unfold. We must not try and predict things that are going to happen. We have clarified this in the committee with the member, but he saw it fit to come and raise it here on this particular platform. It is the very same party that wanted us to relax certain provisions of the Labour Relations Act. [Interjections.] It’s funny. It is very funny; but here you come and create the impression that people were going to lose their jobs. You people don’t practise what you preach. That is your big problem.

With these few words, I would like to say, in conclusion, that it is a recognised fact that the success of our nation and the economy are dependent on the investment in education and training for the formal, public and private sector. Education and training cannot take place in a vacuum as it is linked to the state of the economy, the level of human development and the macroeconomic framework. FET colleges have a critical role to play in supporting this government in achieving growth and development, and reducing poverty and unemployment.

What we need to see is a massive and rapid growth in intermediate skills. The colleges have the central role to play in achieving these goals. FET colleges are our answer to expanding employment opportunities for the youth and for achieving our target of accelerated growth. The Northern Cape supports this Bill. Thank you. [Applause.]

The MINISTER OF EDUCATION: Thank you, Chairperson. Allow me to express my thanks to all the hon members who participated in the debate, both those who participated through heckling, as well as those who participated through their excellent contributions. Allow me as well to thank our Deputy Minister for the work that he has done in assisting the legislatures and committees with a fuller understanding of the intentions and objectives of the legislation.

I also want to thank the director-general and his team for the support they have obviously given to the process of considering the legislation. We have come a long way and I think it is very exciting that we arrive at a point where there is a possibility to succeed in passing this legislation through this House.

A number of concerns have been raised by hon members, and I find some of them very surprising. Clearly, hon members are still thinking of colleges as schools. Colleges, through this legislation will become responsive training institutions. The intention is to achieve the flexibility and responsiveness that members are referring to. We don’t want colleges to become quasi-classrooms, which is what they have been. We are moving away from that.

So, responsiveness is an important attribute, but in the shaping of the programmes that will be offered we have done what is done internationally, which is to incorporate the vocational training, which is workplace-based experience as well as based within training laboratories and centres in the college, with academic offerings. Employers are very clear that they don’t want to take on skilled, trained people who cannot write, who are unable to complete an invoice, and cannot state an appropriate or relevant price.

So, we have these core academic components, but they cannot subsume the importance of the skills training that must occur. I think members must be very careful about thinking that having an academic fundamental component as part of the programme detracts from the kind of skills training that we must do. To do that would take us back to the past where we trained people, but trained them for lowly positions in industry. We want them to occupy high levels in those occupational sectors. We want them to be competent to run a modern economy and to be fully part of managing it, hence the changes that we have brought into place.

On the matter of the labour concerns that have been raised in a range of fora, I think we must repeat as has been said, that the protections have been inserted into the legislation, at the behest of commentary by hon members in considering the legislation.

There is no provision greater than the provision we have made which has ever been seen in the history of educational provision in South Africa. Every person in a college who believes that they require training has been provided with a minimum sum of R10 000 to go and seek out the appropriate training opportunity – every person currently employed and teaching in a college has that opportunity. Which government has done that? What better protection can you give than that? So, I think, hon members, let us be fair to the steps that we have taken.

Furthermore, there is this peculiar myth that is being propagated by certain members in the House. The myth is that this employment by council is a new practice and facility. Hon members, please let’s stop being dishonest. Over 20% of the current employees in colleges are employed by college councils, today, and not when the Bill is passed later this year. So, please, let’s not prevaricate and be dishonest in this House today. The employment by councils is nothing new. It is actually continuing a practice that has been in place.

The beauty of the current scenario and the future is that this practice will occur with the support of appropriate funding from government and will not occur through charging students ridiculous fee levels, which is what has gone on.

We will have proper norms and funding for the FET college sector and those will assist colleges then to be able to meet their costs in a far more appropriate way. What they had to do in the past, through our own unresponsiveness to them, was to seek out money to pay the additional staff that they had to employ.

We are now righting the situation through this legislation and creating a far better platform of security for the staff who would be employed by colleges. So, please, let’s not keep pretending at this. If unions have, as part of their framework and policy, the attraction of members into their organisations who are educators, let them create a sector in their union for a new component in the education sector and therefore create a chamber for college lecturers. Let us not be swept away by these notions that somehow we are denying labour rights. That is not our intention at all.

Further, I would like to urge this hon House to more closely pay attention to human resource development in South Africa. This House should look at what each player is doing in human resource development. What are the Setas doing? What are the colleges doing? What are the universities doing? What are the private providers doing? Why is it - as I said earlier - that we will, if we do not do something urgent, by 2009 have 113 000 vacancies in the ICT sector – 113 000? That is dire for our economy.

Therefore, we as a House need to ask you to look much more closely at all of these issues of human resource development. Look at what the Public Service is doing, look at whether we shouldn’t be giving consideration to a modern, more responsive apprenticeship system in South Africa where young people can come out of school into places of employment with a stipend provided by the state so that they are trained in the workplace and not limited only to training institutions. For the academic part these young people could then go to the colleges as I have referred to. Shouldn’t we be looking at those sorts of models? We need to open up training in South Africa - it’s far too narrow at this time.

I really think the House should give some attention, and the provinces as well, to this whole issue of skills development and human resource development in South Africa.

Each legislature committee can take this on in the next few months as their project and actually ask the question: What is happening with respect to training in South Africa? Why is it that we have over 200 000 young people who go through, up to matric level, and then they disappear into the wilderness? Why can’t a country, which needs so much skill, do something about such young people? So, I challenge the House to take up this particular issue.

I have noted the comments of members with respect to the funding of students, and all I can say at this time would be that, hon member, we have heard you and we will certainly address this matter when we consider future budgets. I do agree with hon members that it is an important area that we as government must attend to.

With regard to incentives for rural-based lecturers, certainly with respect to rural-based teachers, we have already made submissions on how we want that to be dealt with. We believe there should be incentives. I think we should look at that with respect to rural-based lecturers as well. An important matter was raised about persons who are in the urban setting having a more attractive domain than those who teach in the rural setting, and that this would therefore have the rural people wanting to go and teach in an urban setting.

I think what we need to do is to actually promote this notion that I have talked about in this House more than once, and that is the whole issue of niche excellence and differentiation. You can’t have a situation where all 50 colleges offer the same programmes. If we have differentiation we then allow students to go to a range of institutions across the country and we develop the excellence in institutions at the location that we find them. For example, in Lusikisiki you might want to look at whether agricultural technology should not be a strength and then invest heavily in proper machinery, proper buildings and proper facilities to offer that programme, and you don’t duplicate it all over the country. Part of the weakness and the attraction to urban centres is that we put all facilities in the urban centres and neglect the rural areas and the provision that we must make there.

I am committed to ensuring that the recapitalisation addresses institutions in a range of sectors and that we actually help them to offer programmes that are responsive to the condition of the particular locality and region.

On the issue of flexibility, which has been raised by KwaZulu-Natal … frankly, I am quite amazed at KwaZulu-Natal. It is the first time that I am amazed, and I am even more embarrassed that the IFP supports the Bill and the KwaZulu-Natal legislature with the ANC does not support the Bill. I am astounded, frankly! I believe the province is going to kick itself when it wakes up - that it can actually reject such important legislation! [Laughter.]

This piece of legislation sets us on the path to begin to offer real skills and training opportunities for children in our country, many of whom were denied such opportunity in the past, and to reject the Bill on the basis that it does not offer short courses or does not refer to short courses in the Bill, then which piece of legislation refers to every activity? Surely none. I must say that I am absolutely, as they say in Cockney, gobsmacked at this one. [Laughter.]

On the matter of performance contracts, clearly the Public Service is very much moving into this area of assessment of persons at the senior and all levels, and I believe we would have to certainly ask that we look at instituting proper performance contracts within our colleges to ensure that they deliver on the skills demands that we have.

I also would want to say, in conclusion, that I believe that this Bill is a very vital piece of legislation for our national skills development plan. I believe the Bill offers hope to the young people of our country; the hope of an opportunity for real skills development. It partners the recapitalisation that we have undertaken and the investment of R1,9 billion that our government is making in the college sector.

This Bill complements that. It gives us the hope that, finally, South Africa will have the skills that it needs; it gives us the hope that, finally, we see education becoming far more attached and attuned to the trajectory of our economy. There has never been such an attachment. Economy has been going this way and education the other way; and we are now bringing them together, and they will deliver the goods.

I am very excited and very sad that KwaZulu-Natal remains behind. Thank you. [Applause.][Laughter.]

The HOUSE CHAIRPERSON (Mr T S Setona): Thank you, hon Minister. That concludes the debate. I shall now put the question. The question is that the Bill be agreed to. 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. I am quite certain that all of them are here.

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 of vote? Not today. [Laughter.]

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

Mr A T MANYOSI: Eastern Cape is in favour.

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

Mr J W LE ROUX: Vrystaat ondersteun. [Free State supports.]

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

Mr E M SOGONI: Elethu. [Supports.]

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

Mr Z C NTULI: KwaZulu-Natal rejects.

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

Ms H F MATLANYANE: Limpopo agrees.

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

Ms F NYANDA: Mpumalanga supports.

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

Mr M A SULLIMAN: Northern Cape supports.

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

Mr Z S KOLWENI: Ke a rona. [Supports.]

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

Mr C DUGMORE (Western Cape): Supports.

The HOUSE CHAIRPERSON (Mr T S Setona): Eight provinces voted in favour. I therefore declare the Bill agreed to in terms of section 65 of the Constitution. [Applause.]

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS ON AU PROTOCOL TO OAU CONVENTION ON PREVENTION AND COMBATING OF TERRORISM

Dr F J VAN HEERDEN: Chairperson, the hon Kgoshi asked me to present this report. It is an honour, and thank you for the privilege, hon Kgoshi. I have been allocated ten minutes, and I am going to utilise all ten minutes. [Applause.]

Voorsitter, ek kry nie aldag tyd om vir 10 minute te praat nie, so ek gaan dit ten volle gebruik. In alle erns, dit is ’n baie belangrike protokol hierdie en ek wil tog net kortliks – en ek sal probeer om kort te wees – die essensie daarvan aan die agb Raad voorhou. (Translation of Afrikaans paragraph follows.)

[Chairperson, it is not every day that I get the time to speak for 10 minutes, therefore, I shall utilise it fully. In real earnest, this is an important protocol and I would just like to point out briefly – and I’ll try to be as brief as possible – the gist of it to the hon Council.]

This convention in the preamble expresses its awareness to promote human and moral values based on tolerance and rejection of all forms of terrorism, irrespective of their motivation. It furthermore expresses its concerns over the scope and seriousness of the phenomenon of terrorism and the dangers it poses to the stability and security of states.

Furthermore, it expresses the desire to strengthen co-operation among member states in order to forestall and combat terrorism; it reaffirms the legitimate rights of people to self-determination and independence pursuant to the principles of international law; it is concerned about the lives of innocent women and children who are most adversely affected by terrorism; it expresses its conviction that terrorism constitutes a serious violation of human rights and in particular the rights to physical integrity, life, freedom and security, and it impedes socioeconomic development through destabilisation of states.

It also expresses the awareness of the growing links between terrorism and organised crime, including the illicit trafficking of arms, drugs and money- laundering. Finally, it expresses the determination to eliminate terrorism in all forms and manifestations.

This is indeed an important protocol that we must consider. In the definition section, it defines a terrorist act as “any act, which is a violation of the criminal laws of a state and which may endanger the life, physical integrity or freedom of or cause serious injury or death to any person, any number of group of persons or causes, or may cause damage to public or private property.”

These actions are all “calculated or intended to intimidate, put in fear, force, coerce or induce any government body institution, the general public or any segment thereof to do or abstain from doing any act or to adopt or abandon a particular standpoint or act according to certain principles; to disrupt any public service, the delivery of any essential service or to create a public emergency or to create general insurrection in a state.”

The reason why this is important is because according to this definition – we are confronted with these things almost on a daily basis – cash-in- transit robberies can be a terrorist act. According to this definition it is a terrorist act. The same with drug trafficking and organised crime. This is very important, and the council must realise that what we are about to approve or ratify is very important.

It further provides that state parties undertake to review their national laws and establish criminal offences for terrorist acts as defined in the convention. We are doing that at this stage in Parliament, in both Chambers; in this House and the House of Commons – that is what they call the National Assembly in England. [Laughter.] There it is the National Assembly. [Laughter.]

Section 3 provides that the struggle waged by peoples in accordance with the principles of international law for their liberation or self- determination, including armed struggles against colonialism, occupation, aggression and domination by foreign forces, shall not be considered as terrorist acts. The convention provides for areas of co-operation, legal co- operation, investigation co-operation and the states parties undertake to strengthen the exchange of information among them regarding acts of crimes committed by terrorist groups. States parties shall co-operate amongst themselves in conducting and exchanging studies.

Ten slotte, nog 4,44 minute … [Gelag.] [In conclusion, with 4,44 minutes left … [Laughter.]]

This is really an important convention and we as the select committee recommend that the Chamber ratifies this convention. [Applause.]

The HOUSE CHAIRPERSON (Mr T S Setona): 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.

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 wants to make a declaration of vote? In the absence of any we shall now proceed to the voting on the question in alphabetical order. Eastern Cape?

Mr A T MANYOSI (Eastern Cape): Eastern Cape supports.

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

Mr J W LE ROUX (Free State): In favour.

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

Ms N M MADLALA–MAGUBANE (Gauteng): Supports.

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

Mr Z C NTULI (KwaZulu-Natal): KwaZulu-Natal supports.

The HOUSE CHAIRPERSON (Mr T S Setona): Limpopo? Ms H F MATLANYANE (Limpopo): Limpopo ondersteun. [Limpopo supports.]

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

Ms F NYANDA (Mpumalanga): Mpumalanga in favour.

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

Mr M A SULLIMAN (Northern Cape): Ke a rona. [Northern Cape supports.]

The HOUSE CHAIRPERSON: North West?

Mr Z S KOLWENI (North West): North West in favour.

The HOUSE CHAIRPERSON: Western Cape?

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

The HOUSE CHAIRPERSON (Mr T S Setona): All nine provinces have voted in favour. I therefore declare the report adopted in terms of section 65 of the Constitution.

The Council adjourned at 16:38. ____ ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

                    WEDNESDAY, 20 SEPTEMBER 2006

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1 Classification of Bills by Joint Tagging Mechanism (JTM)

(1)     The JTM on 18 September 2006 in terms of Joint Rule 160(3),
    classified the following Bills as section 75 Bills:

    (a)      Measurement Units and Measurement Standards Bill [B 21 –
         2006] (National Assembly – sec 75).


    (b)      Postal Services Amendment Bill [B 22 – 2006] (National
         Assembly – sec 75).


(2)    The JTM on 18 September 2006 in terms of Joint Rule 160(4),
    classified the following Bills as section 76 Bills:


    (a)      Electricity Regulation Amendment Bill [B 20 – 2006]
         (National Assembly – sec 76).

(3)    The JTM on 18 September 2006 in terms of Joint Rule 160(4),
    classified the Children’s Amendment Bill [B 19 – 2006], introduced
    in the National Council of Provinces, as a section 76 Bill and as a
    Bill falling within the ambit of section 18(1)(a) of the
    Traditional Leadership and Governance Framework Act, 2003 (Act No
    41 of 2003).

TABLINGS

National Assembly and National Council of Provinces

1. The Minister for Agriculture and Land Affairs


 a) Report and Financial Statements of the Ncera Farms (Pty) Ltd for
    2005-2006, including the Report of the Independent Auditors on the
    Financial Statements for 2005-2006.


 b) Report and Financial Statements of the Agricultural Research
    Council (ARC) for 2005-2006, including the Report of the Auditor-
    General on the Financial Statements for 2005-2006 [RP 168-2006].


 c) Report and Financial Statements of Onderstepoort Biological
    Products Limited for 2005-2006, including the Report of the
    Independent Auditors on the Financial Statements for 2005-2006.


 d) Report and Financial Statements of the National Agricultural
    Marketing Council (NAMC) for 2005-2006, including the Report of the
    Auditor-General on the Financial Statements for 2005-2006 [RP 1-
    2006]. 2.    The Minister of Science and Technology

 a) Report and Financial Statements of the South African Council for
    Natural Scientific Professions for 2005-2006, including the Report
    of the Independent Auditors on the Financial Statements for 2005-
    2006.

                     THURSDAY, 21 SEPTEMBER 2006

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Referral of Bills to National House of Traditional Leaders:

The Secretary to Parliament has, in accordance with section 18(1) of
the Traditional Leadership and Governance Framework Act, 2003 (Act No.
41 of 2003), referred the Children’s Amendment Bill [B 19 – 2006]
(National Council of Provinces – sec 76) to the National House of
Traditional Leaders, which must, within 30 days from the date of this
referral, make any comments it wishes to make.

1. Translations of Bills submitted

 (1)    The Minister of Communications
      a) Wysigingswetsontwerp op Posdienste [W 22 – 2006] (Nasionale
         Vergadering – art 75)


     This is the official translation into Afrikaans of the Postal
     Services Amendment Bill [B 22 – 2006] (National Assembly – sec
     75).

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

a) The Budget and Strategic Plan of the Auditor-General for 2006-2007
   [RP 215-2006].


 b) Report and Financial Statements of Vote 2 – Parliament for 2005-
    2006, including the Report of the Auditor-General on the Financial
    Statements of Vote 2 for 2005-2006 [RP 222-2006].


 c) The Speaker of the National Assembly and the Chairperson of the
    National Council of Provinces, as co-chairpersons of the Joint
    Rules Committee, present the First Report of the Joint Rules
    Committee for 2006, dated 24 March 2006, as follows:

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1. The Minister of Finance (a) Report and Financial Statements of Vote 8 – National Treasury for 2005-2006, including the Report of the Auditor-General on the Financial Statements of Vote 8 for 2005-2006 [RP 128-2006].

 b) Report and Financial Statements of the South African Revenue
    Service (SARS) for 2005-2006, including the Report of the Auditor-
    General on the Financial Statements for 2005-2006 [RP 167-2006].


 c) Report and Financial Statements of Vote 13 – Statistics South
    Africa for 2005-2006, including the Report of the Auditor-General
    on the Financial Statements of Vote 13 for 2005-2006 [RP 57-2006].


 d) Report and Financial Statements of the Development Bank of Southern
    Africa Limited for 2005-2006, including the Report of the
    Independent Auditors on the Financial Statements for 2005-2006.


 e) Activities Report of the Development Fund of the Development Bank
    of Southern Africa Limited for 2005-2006.

1. The Minister of Transport

   a) Report and Financial Statements of the South African National Roads Agency Limited (SANRAL) for 2005-2006, including the Report of the Independent Auditors on the Financial Statements for 2005-2006 [RP 144-2006].

   b) Report and Financial Statements of the South African Rail Commuter Corporation Limited (SARRC) for 2005-2006, including the Report of the Independent Auditors on the Financial Statements for 2005-2006 [RP 155-2006].

   c) Report of the Regulating Committee of the Airports Company of South Africa and Air Navigation Services Company for 2005-2006.

   d) Report and Financial Statements of the Cross-Border Road Transport Agency (C-BRTA) for 2005-2006, including the Report of the Auditor- General on the Financial Statements for 2005-2006 [RP 126-2006].

   e) Report and Financial Statements of the Air Traffic and Navigation Services Company Limited (ATNS) for 2005-2006, including the Report of the Independent Auditors on the Financial Statements for 2005- 2006.

   f) Report and Financial Statements of the South African Maritime Safety Authority (SAMSA) for 2005-2006, including the Report of the Auditor-General on the Financial Statements (including the Maritime Fund) for 2005-2006 [RP 110-2006].

   g) Report and Financial Statements of the Railway Safety Regulator (RSR) for 2005-2006, including the Report of the Auditor-General on the Financial Statements for 2005-2006 [RP 200-2006].

   h) Report and Financial Statements of the South African Search and Rescue Organisation (SASAR) for 2005-2006.

2. The Minister of Social Development

   a) Report and Financial Statements of Vote 18 – Department of Social Development for 2005-2006, including the Report of the Auditor- General on the Financial Statements of Vote 18 for 2005-2006 [RP 208-2006].

3. The Minister of Correctional Services

   a) Report and Financial Statements of Vote 20 – Department of Correctional Services for 2005-2006, including the Report of the Auditor-General on the Financial Statements of Vote 20 for 2005- 2006 [RP 206-2006].

4. The Minister for Justice and Constitutional Development

 a) Proclamation No R.25 published in Government Gazette No 28973 dated
    27 June 2006: Commencement of the Regulation of Interception of
    Communications and Provision of Communication-related Information
    Act, 2002 (Act No 70 of 2002) Amendment and Repeal of
    Proclamations.


 b) Proclamation No R.33 published in Government Gazette No 29115 dated
    11 August 2006: Referral of Matters to Existing Special
    Investigating Unit and Special Tribunal, in terms of the Special
    Investigating Units and Special Tribunals Act, 1996 (Act No 74 of
    1996).

1. The Minister for Agriculture and Land Affairs

   a) Report and Financial Statements of the Perishable Products Export Control Board (PPECB) for 2005-2006, including the Report of the Independent Auditors on the Financial Statements for 2005-2006.

COMMITTEE REPORTS

National Assembly and National Council of Provinces

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National Council of Provinces

1. Report of the Select Committee on Land and Environmental Affairs on the Annual Report and Financial Statements for 2005/2006 of the Commission on Restitution of Land Rights, dated 20th September 2006:

The Select Committee on Land and Environmental Affairs, having been
briefed by the Land Claims Commission on its Annual Report and
Financial Statements for 2005-2006, including the Report of the
Independent Auditors on the Financial Statements for 2005-2006,
referred to it, reports that it has concluded its deliberations
thereon.

                      FRIDAY, 22 SEPTEMBER 2006

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

   (a) Report and Financial Statements of the Reconstruction and Development Programme Fund for 2005-2006, including the Report of the Auditor-General on the Financial Statements for 2005-2006.

2. The Minister of Minerals and Energy

   a) Report and Financial Statements of the Mine Health and Safety Council for 2005-2006, including the Report of the Auditor-General on the Financial Statements for 2005-2006 [RP 40-2006].

   b) Report and Financial Statements of the South African Diamond Board Fund for 2005-2006, including the Report of the Auditor-General on the Financial Statements for 2005-2006 [RP 138-2006].

   c) Report and Financial Statements of the Nuclear Safety Regulator for 2005-2006, including the Report of the Auditor-General on the Financial Statements for 2005-2006 [RP 52-2006].

3. The Minister of Public Works

   a) Report and Financial Statements of the Independent Development Trust for 2005-2006, including the Report of the Auditor-General on the Financial Statements for 2005-2006 [RP 122-2006].

                    TUESDAY, 26 SEPTEMBER 2006
   

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Classification of Bills by Joint Tagging Mechanism (JTM)

(1)     The JTM on 26 September 2006 in terms of Joint Rule 160(3),
    classified the following Bills as section 75 Bills:

      a) Tobacco Products Control Amendment Bill [B 24 – 2006] (National
         Assembly – sec 75)


      b) South African Red Cross Society and Legal Protection of Certain
         Emblems Bill [B 25 – 2006] (National Assembly – sec 75).

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Communications

   a) Report and Financial Statements of the South African Post Office Limited for 2005-2006, including the Report of the Independent Auditors on the Financial Statements for 2005-2006.

2. The Minister of Labour

 a) Report and Financial Statements of the Construction Education and
    Training Authority (CETA) for 2005-2006, including the Report of
    the Auditor-General on the Financial Statements for 2005-2006 [RP
    68-2006].

1. The Minister of Public Works

 a) Report and Financial Statements of Vote 6 – Department of Public
    Works for 2005-2006, including the Report of the Auditor-General on
    the Financial Statements of Vote 6 for 2005-2006.

1. The Minister of Home Affairs

 a) Southern African Development Community (SADC) Protocol on the
    Facilitation of Movement of Persons, tabled in terms of section
    231(2) of the Constitution, 1996.


 b) Explanatory Memorandum to the Southern African Development
    Community (SADC) Protocol on the Facilitation of Movement of
    Persons.

1. The Minister for Agriculture and Land Affairs

 a) Report and Financial Statements of Vote 25 – Department of
    Agriculture for 2005-2006, including the Report of the Auditor-
    General on the Financial Statements of Vote 25 for 2005-2006 [RP
    156-2006].


 b) Report and Financial Statements of the Ingonyama Trust Board for
    2005-2006, including the Report of the Auditor-General on the
    Financial Statements for 2005-2006 [RP 227-2006].

                    WEDNESDAY, 27 SEPTEMBER 2006

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Classification of Bills by Joint Tagging Mechanism (JTM)

(1)     The JTM on 27 September 2006) in terms of Joint Rule 160(3)
    classified the following Bills as section 75 Bills:
      a) Films and Publications Amendment Bill [B 27 – 2006] (National
         Assembly – sec 75)


    (b)      Immigration Amendment Bill [B 28 – 2006] (National
         Assembly – sec 75).

(2)    The JTM on 27 September 2006 in terms of Joint Rule 160(3)
    classified the Civil Union Bill [B 26 – 2006], introduced in the
    National Assembly, as a section 75 Bill and as a Bill falling
    within the ambit of section 18(1)(a) of the Traditional Leadership
    and Governance Framework Act, 2003 (Act No 41 of 2003).

1. Referral of Bill to National House of Traditional Leaders

The Secretary to Parliament has, in accordance with section 18(1) of
the Traditional Leadership and Governance Framework Act, 2003 (Act No.
41 of 2003), referred the Civil Union Bill [B 26 – 2006] (National
Assembly - sec 75) to the National House of Traditional Leaders, which
must, within 30 days from the date of this referral, make any comments
it wishes to make.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

 a) Government Notice No 862 published in Government Gazette No 29160
    dated 25 August 2006: Stopping of Schedule 4 allocation to certain
    Provinces, in terms of the Division of Revenue Act, 2005 (Act No
    1of 2005).
 b) Government Notice No 870 published in Government Gazette No 29180
    dated 31 August 2006: Determination of interest rate for purposes
    of paragraph (a) of the definition of “Official rate of interest”
    in paragraph 1 of the Seventh Schedule to the Income Tax Act, 1962
    (Act No 58 of 1962).

1. The Minister of Safety and Security

 a) Report and Financial Statements of Vote 24 – Department for Safety
    and Security for 2005-2006, including the Report of the Auditor-
    General on the Financial Statements of Vote 24 for 2005-2006 [RP
    213-2006].

1. The Minister of Science and Technology

 a) Report and Financial Statements of the Africa Institute of South
    Africa for 2005-2006, including the Report of the Auditor-General
    on the Financial Statements for 2005-2006.

1. The Minister of Minerals and Energy

 a) Report and Financial Statements of Vote 30 – Department of Minerals
    and Energy for 2005-2006, including the Report of the Auditor-
    General on the Financial Statements of Vote 30 for 2005-2006.

 b) Report and Financial Statements of the Council for Geoscience (CGE)
    for 2005-2006, including the Report of the Auditor-General on the
    Financial Statements for 2005-2006 [RP 58-2006].
 c) Report and Financial Statements of the Central Energy Fund Group of
    Companies (CEF) for 2005-2006, including the Report of the Auditor-
    General and the Independent Auditors on the Financial Statements of
    the Central Energy Fund Group of Companies for 2005-2006 [RP 148-
    2006].


 d) Report and Financial Statements of the National Energy Regulator of
    South Africa (NERSA) for 2005-2006, including the Report of the
    Auditor-General on the Financial Statements for 2005-2006.


 e) Report and Financial Statements of the South African Nuclear Energy
    Corporation Limited (NECSA) for 2005-2006, including the Report of
    the Auditor-General on the Financial Statements for 2005-2006 [RP
    109-2006].

1. The Minister for Agriculture and Land Affairs

 a) Report and Financial Statements of Vote 29 – Department of Land
    Affairs for 2005-2006, including the Report of the Auditor-General
    on the Financial Statements of Vote 29 for 2005-2006 [RP 226-2006].

National Council of Provinces

1. The Chairperson

 a) The following report has been submitted to the National Council of
    Provinces by the Western Cape Provincial Parliament’s Standing
    Committee on Finance and Economic Development:


    Report of the Standing Committee on Finance and Economic
    Development: De Doorns N1 Project and Knysna By-pass.


    Referred to the Select Committee on Public Services.


 b) Report of the 52nd Commonwealth Parliamentary Association (CPA)
    Conference held in Abuja, Nigeria from 1-10 September 2006.

Copies of the report are available from the Office of the Clerk of the
Papers.

                     THURSDAY, 28 SEPTEMBER 2006

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Foreign Affairs

(a)     Report and Financial Statements of Vote 3 – Department of
    Foreign Affairs for 2005-2006, including the Report of the Auditor-
    General on the Financial Statements of Vote 3 for 2005-2006.
 b) Report and Financial Statements of the African Renaissance and
    International Co-operation Fund for 2005-2006, including the Report
    of the Auditor-General on the Financial Statements for 2005-2006.

1. The Minister of Finance

 a) Government Notice No R.914 published in Government Gazette No 29206
    dated 15 September 2006: Notice in terms of section 7(2)(a) of the
    Statistics Act, 1999 (Act No 6 of 1999).

1. The Minister of Transport

 a) Report and Financial Statements of the South African Civil Aviation
    Authority (SACAA) for 2005-2006, including the Report of the
    Independent Auditors on the Financial Statements for 2005-2006 [RP
    98-2006].

1. The Minister of Labour

 a) Report and Financial Statements of the Finance, Accounting,
    Management Consulting and other Financial Services Sector Education
    and Training Authority (FASSET) for 2005-2006, including the Report
    of the Auditor-General on the Financial Statements for 2005-2006
    [RP 73-3006].

1. The Minister of Housing

 (a)    Report and Financial Statements of Vote 28 – Department of
    Housing for 2005-2006, including the Report of the Auditor-General
    on the Financial Statements of Vote 28 for 2005-2006 [RP 141-2006].

 b) Report and Financial Statements of the National Urban
    Reconstruction and Housing Agency (NURCHA) for 2005-2006.


 c) Annual Financial Statements of the National Urban Reconstruction
    and Housing Agency (NURCHA) including the Report of the Independent
    Auditors on the Financial Statements for 2005-2006.

 d) Report and Financial Statements of The Thubelisha Homes for 2005-
    2006, including the Report of the Independent Auditors on the
    Financial Statements for 2005-2006.

 e) Report and Financial Statements of Servcon Housing Solutions
    (Proprietary) Limited for 2005-2006, including the Report of the
    Independent Auditors on the Financial Statements for 2005-2006.
 f) Report and Financial Statements of the National Housing Finance
    Corporation Ltd (NHFC) for 2005-2006, including the Report of the
    Independent Auditors on the Financial Statements for 2005-2006.

1. The Minister of Sport and Recreation

 a) Report and Financial Statements of Vote 19 – Department of Sport
    and Recreation for 2005-2006, including the Report of the Auditor-
    General on the Financial Statements for 2005-2006.


 b) Report and Financial Statements of the South African Drug-Free
    Sport for 2005-2006, including the Report of the Auditor-General on
    the Financial Statements for 2005-2006 [RP 147-2006].

1. The Minister of Trade and Industry a) Report and Financial Statements of Vote 32 – Department of Trade and Industry for 2005-2006, including the Report of the Auditor- General on the Financial Statements of Vote 32 for 2005-2006.

 b) Report and Financial Statements of the National Lotteries Board for
    2005-2006, including the Report of the Auditor-General on the
    Financial Statements for 2005-2006 [RP 164-2006].


 c) Report of the South African Council for the Non-Proliferation of
    Weapons of Mass Destruction for July 2004 to June 2005.


 d) Report of the South African Council for the Non-Proliferation of
    Weapons of Mass Destruction for July 2005 to June 2006.

1. The Minister of Minerals and Energy

 a) Report and Financial Statements of the Electricity Distribution
    Industrial Holdings (Pty) Ltd (EDIH) for 2005-2006, including the
    Report of the Auditor-General on the Financial Statements for 2005-
    2006.

1. The Minister of Home Affairs

 a) Report and Financial Statements of Vote 4 – Department of Home
    Affairs for 2005-2006, including the Report of the Auditor-General
    on the Financial Statements of Vote 4 for 2005-2006 [RP 223-2006].


                      FRIDAY, 29 SEPTEMBER 2006

ANNOUNCEMENTS

National Council of Provinces

The Chairperson

1. Referral to Committees of papers tabled

1.      The following papers are referred to the Select Committee on
    Social Services for consideration and report:

      a) Report and Financial Statements of the South African Medical
         Research Council (MRC) for 2005-2006, including the Report of
         the Auditor-General on the Financial Statements for 2005-2006
         [RP 146-2006].


      b) Report and Financial Statements of the National Health
         Laboratory Service (NHLS) for 2005-2006, including the Report
         of the Independent Auditors on the Financial Statements for
         2005-2006.


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

      a) Report and Financial Statements of the South African Human
         Rights Commission (SAHRC) for 2005-2006, including the Report
         of the Auditor-General on the Financial Statements for 2005-
         2006.


      b) Report and Financial Statements of the National Prosecuting
         Authority for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements for 2005-2006 [RP 125-
         2006].


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


      a) Report and Financial Statements of the Market Theatre
         Foundation for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements for 2005-2006.
      b) Report and Financial Statements of the Human Science Research
         Council (HSRC) for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements for 2005-2006 [RP
         104-2006].


      c) Report and Financial Statements of the Education Labour
         Relations Council (ELRC) for 2005-2006, including the Report of
         the Auditor-General on the Financial Statements for 2005-2006
         [RP 169-2006].


      d) Report and Financial Statements of the Council for Scientific
         and Industrial Research (CSIR) for 2005-2006, including the
         Report of the Auditor-General on the Financial Statements for
         2005-2006 [RP 120-2006].


4.      The following paper is referred to the Select Committee on
    Security and Constitutional Affairs and the Select Committee on
    Education and Recreation for consideration and report:

      a) Report and Financial Statements of the Commission for the
         Promotion and Protection of the Rights of Cultural, Religious
         and Linguistic Communities (CRL) for 2005-2006, including the
         Report of the Auditor-General on the Financial Statements for
         2005-2006 [RP 124-2006].


5.      The following papers are referred to the Select Committee on
    Finance for consideration:


    (a)      Government Notice No R.843 published in Government Gazette
         No 29139 dated 18 August 2006: Amendment of prescribed fees in
         terms of the Pension Funds Act, 1956 (Act No 24 of 1956).


    (b)      Government Notice No R.847 published in Government Gazette
         No 29145 dated 18 August 2006: Financial Services Ombud Schemes
         Regulations, in terms of the Financial Services Ombud Schemes
         Act, 2004 (Act No 37 of 2004).


6.      The following paper is referred to the Select Committee on
    Security and Constitutional Affairs for consideration:
    (a)      Draft Regulations regarding the Promotion of Access to
         Information, made in terms of section 92 of The Promotion of
         Access to Information, 2000 (Act No 2 of 2000).


7.      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 Industrial
         Development Corporation of South Africa Limited (IDC) for 2005-
         2006, including the Report of the Independent Auditors on the
         Financial Statements for 2005-2006.


    (b)      Report and Financial Statements of the Estate Agency
         Affairs Board for 2005-2006, including the Report of the
         Independent Auditors on the Financial Statements for 2005-2006.

TABLINGS

National Assembly and National Council of Provinces

1. The President of the Republic

(a)     Report and Financial Statements of Vote 1 – The Presidency for
    2005-2006, including the Report of the Auditor-General on the
    Financial Statements of Vote 1 for 2005-2006 [RP 145-2006].

1. The Minister for Provincial and Local Government

(a)     Report and Financial Statements of Vote 5 – Department of
    Provincial and Local Government for 2005-2006, including the Report
    of the Auditor-General on the Financial Statements of Vote 5 for
    2005-2006.


(b)     Report and Financial Statements of the Municipal Demarcation
    Board for 2005-2006, including the Report of the Auditor-General on
    the Financial Statements for 2005-2006 [RP 140-2006].


(c)     Report and Financial Statements of the Municipal Infrastructure
    Investment Unit (MIIU) for 2005-2006, including the Report of the
    Auditor-General on the Financial Statements for 2005-2006 [RP 196-
    2006].


(d)     Report and Financial Statements of the National House of
    Traditional Leaders for 2005-2006.

1. The Minister of Transport

 a) Report and Financial Statements of Vote 33 – Department of
    Transport for 2005-2006, including the Report of the Auditor-
    General on the Financial Statements of Vote 33 for 2005-2006.

 b) Report and Financial Statements of the Airports Company South
    Africa Limited (ACSA) for 2005-2006, including the Report of the
    Independent Auditors on the Financial Statements for 2005-2006.


 c) Report and Financial Statements of the Road Accident Fund (RAF) for
    2005-2006, including the Report of the Auditor-General on the
    Financial Statements for 2005-2006.

1. The Minister of Social Development

(a)     Report and Financial Statements of the National Development
    Agency (NDA) for 2005-2006, including the Report of the Auditor-
    General on the Financial Statements for 2005-2006 [RP 201-2006].

1. The Minister of Communications

(a)     Report and Financial Statements of Vote 26 – Department of
    Communications for 2005-2006, including the Report of the Auditor-
    General on the Financial Statements of Vote 26 for 2005-2006 [RP
    221-2006].


(b)     Report and Financial Statements of the Universal Service Agency
    (USA) for 2005-2006, including the Report of the Auditor-General on
    the Financial for 2005-2006 [RP 165-2006].

1. The Minister for the Public Service and Administration

(a)     Report and Financial Statements of Vote 10 – Department of
    Public Service and Administration for 2005-2006, including the
    Report of the Auditor-General on the Financial Statements of Vote
    10 for 2005-2006 [RP 209-2006].


(b)     Report and Financial Statements of Vote 12 – South African
    Management Development Institute (SAMDI) for 2005-2006, including
    the Report of the Auditor-General on the Financial Statements of
    Vote 12 for 2005-2006 [RP 236-2006].

(c)     Report and Financial Statements of the State Information
    Technology Agency (Proprietary) Limited (SITA) for 2005-2006,
    including the Report of the Auditor-General on the Financial
    Statements for 2005-2006 [RP 20-2006].

1. The Minister of Public Works

(a)     Report and Financial Statements of the Council for the Built
    Environment (CBE) for 2005-2006, including the Report of the
    Auditor-General on the Financial Statements of Vote 32 for 2005-
    2006 [RP 229-2006].

1. The Minister of Health

 a) Report and Financial Statements of Vote 16 – Department of Health
    for 2005-2006, including the Report of the Auditor-General on the
    Financial Statements of Vote 16 for 2005-2006 [RP 210-2006].


 b) Report and Financial Statements of the Council for Medical Schemes
    for 2005-2006, including the Report of the Auditor-General on the
    Financial Statements for 2005-2006 [RP 230-2006].


9. The Minister in The Presidency


 a) Report and Financial Statements of the National Youth Commission
    (NYC) for 2005-2006, including the Report of the Auditor-General on
    the Financial Statements of Vote 33 for 2005-2006 [RP 242-2006].

1. The Minister of Housing

 a) Report and Financial Statements of the People’s Housing Partnership
    Trust (PHPT) for 2005-2006, including the Report of the Independent
    Auditors on the Financial Statements for 2005-2006. 11.   The Minister of Education

 a) Report and Financial Statements of the South African Council for
    Educators (SACE) for 2005-2006, including the Report of the
    Independent Auditors on the Financial Statements for 2005-2006.

1. The Minister of Environmental Affairs and Tourism

 a) Report and Financial Statements of the National Environmental
    Advisory Forum (NEAF) for 2005-2006.

1. The Minister of Science and Technology

 a) Report and Financial Statements of the National Research Foundation
    (NRF) for 2005-2006, including the Report of the Auditor-General on
    the Financial Statements for 2005-2006.

 b) Report and Financial Statements of the Godisa Trust for 2005-2006,
    including the Report of the Independent Auditors on the Financial
    Statements for 2005-2006.

1. The Minister of Minerals and Energy

 a) Report and Financial Statements of the National Electricity
    Regulator (NER) for 2005-2006, including the Report of the Auditor-
    General on the Financial Statements for 2005-2006. 15.   The Minister of Water Affairs and Forestry

 a) Report and Financial Statements of Vote 34 – Department of Water
    Affairs and Forestry for 2005-2006, including the Report of the
    Auditor-General on the Financial Statements of Vote 34 for 2005-
    2006 [RP 166-2006].


 b) Report and Financial Statements of the Water Research Commission
    for 2005-2006, including the Report of the Auditor-General on the
    Financial Statements for 2005-2006 [RP 118-2006].


 c) Report and Financial Statements of the Trans-Caledon Tunnel
    Authority (TCTA) for 2005-2006, including the Report of the
    Independent Auditors on the Financial Statements for 2005-2006.


                       MONDAY, 2 OCTOBER 2006

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Draft Bills submitted in terms of Joint Rule 159

(1)     Public Service Amendment Bill, 2006, submitted by the Minister
     for the Public Service and Administration. Referred to the
     Portfolio Committee on Public Service and Administration and the
     Select Committee on Local Government and Administration.

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

   (a) Budget and Strategic Plan of the Auditor-General for 2007-2010 [RP 225-2006].

2. Minister of Communications

   (a) Report and Financial Statements of the National Electronic Media Institute of South Africa for 2005-2006, including the Report of the Auditor-General on the Financial Statements of 2005-2006 [RP 114-2006].

3. Minister of Finance

   a) Report and Financial Statements of Sasria Limited for 2005-2006, including the Report of the Independent Auditors on the Financial Statements for 2005-2006.

   b) Report and Financial Statements of the South African Reserve Bank for 2005-2006, including the Report of the Independent Auditors on the Financial Statements for 2005-2006.

   c) The Address of the Governor of the Reserve Bank at the Eighty-Sixth Ordinary General Meeting of Shareholders.

                      TUESDAY, 3 OCTOBER 2006
   

TABLINGS

National Assembly and National Council of Provinces

      1. The Minister of Public Enterprises

(a)     Report and Financial Statements of arivia.kom (Pty) Ltd for
    2005-2006, including the Report of the Independent Auditors for
    2005-2006.

                      THURSDAY, 5 OCTOBER 2006

ANNOUNCEMENTS

National Council of Provinces

The Chairperson

1. Referral to Committees of papers tabled

2. The following papers are referred to the Select Committee on Finance for consideration: (a) Budget and Strategic Plan of the Auditor-General for 2007-2010 [RP 225-2006].

   (b) Report and Financial Statements of Sasria Limited for 2005-2006, including the Report of the Independent Auditors on the Financial Statements for 2005-2006.

   (c) Report and Financial Statements of the South African Reserve Bank for 2005-2006, including the Report of the Independent Auditors on the Financial Statements for 2005-2006.

   (d) The Address of the Governor of the Reserve Bank at the Eighty- sixth Ordinary General Meeting of Shareholders.

3. The following papers are referred to the Select Committee on Labour and Public Enterprises for consideration:

   (a) Report and Financial Statements of the National Electronic Media Institute of South Africa for 2005-2006, including the Report of the Auditor-General on the Financial Statements of 2005-2006 [RP 114-2006].

   (b) Report and Financial Statements of arivia.kom (Pty) Ltd for 2005- 2006, including the Report of the Independent Auditors for 2005- 2006.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Housing

 (a)    Report and Financial Statements of the National Home Builders
       Registration Council (NHBRC) for 2005-2006, including the Report
       of the Auditor-General on the Financial Statements for 2005-2006
       [RP 159-2006].


                       FRIDAY, 6 OCTOBER 2006

TABLINGS

National Assembly and National Council of Provinces

      1. The Minister of Finance

(a)     Third Reporting Exemptions made in terms of section 74 of the
    Financial Intelligence Centre Act, 2001 (Act No 38 of 2001), tabled
    in terms of section 74(2)(b) of the Financial Intelligence Centre
    Act, 2001.


      2. The Minister of Arts and Culture

(a)     Convention on the Protection and Promotion of the Diversity of
    Cultural Expressions, tabled in terms of section 231(2) of the
    Constitution, 1996.

National Council of Provinces

1. The Chairperson

   (a) Written Statement received from the Member of the Executive Council responsible for Local Government, Housing and Traditional Affairs in Kwazulu-Natal regarding the investigation at the Dannhauser Municipality submitted in terms of section 106(3) of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000).

   STATEMENT IN TERMS OF SECTION 106(3) OF THE LOCAL GOVERNMENT:
   MUNICIPAL SYSTEMS ACT, 2000 (ACT NO 32 OF 2000)
   
   
   Allegations and supporting documentation has been brought to my
   attention as to possible maladministration, fraud and corrupt
   practices occurring within the Dannhauser Municipality.
   
   
   Given the above, I have therefore, in my capacity as the MEC
   responsible for Local Government in the Province of KwaZulu-Natal,
   initiated an investigation at the Dannhauser Municipality in terms
   of the section 106(10(b) of the Municipal Systems Act No 32 of
   2000.
   
   
   The scope of the investigation into this matter will cover the
   following:
   
   
    • Irregularities in the appointment of full time councillors and
      particularly affordability thereof.
    • Irregular recruitment practices particularly relating to the
      appointment of the Municipal Manager.
    • Irregularities in the adjustment of salaries and wages of staff
      without cogniznce to affordability.
    • Irregularities on the part of a SALGA official in the
      recruitment of the Municipal Manager.
   
   
   Once the recommendations of the investigator to be appointed in the
   above regard have been received, my Department will monitor that
   whatever actions deemed necessary are taken by the Municipality to
   rectify any irregularities.
   
   
   I, as Minister, and my Department will continue to make every
   effort to ensure that the Municipality implements effective,
   efficient, transparent and accountable management and internal
   control systems in the interests of transparency and accountability
   in government.
   
   
   Yours faithfully
   
   
   
   
   Dr Z L Mkhize
   Acting Minister of Local Government, Housing and Traditional
   Affairs
   KwaZulu-Natal
   
                      MONDAY, 9 OCTOBER 2006
   

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Trade and Industry a) Report and Financial Statements of the National Empowerment Fund for 2005-2006, including the Report of the Independent Auditors on the Financial Statements for 2005-2006.

                   TUESDAY, 10 OCTOBER 2006
   

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Classification of Bills by Joint Tagging Mechanism (JTM)

(1)     The JTM on 9 October 2006 in terms of Joint Rule 160(3)
    classified the following Bill as a section 75 Bill:

    (a)      Accreditation for Conformity Assessment, Calibration and
         Good Laboratory Practice Bill [B 29 – 2006] (National Assembly
         – sec 75)


(2)     The JTM on 9 October 2006 in terms of Joint Rule 160(4)
    classified the following Bill as a section 76 Bill:


    (a)      Further Education and Training Colleges Bill [B 23 – 2006]
         (National Council of Provinces – sec 76).

1. Translations of Bills submitted

 (1)    The Minister of Transport
    a) Wysigingswetsontwerp op Lugvervoer [W 18 – 2006] (National
       Assembly – sec 75)


     This is the official translation into Afrikaans of the Carriage by
     Air Amendment Bill [B 18 – 2006] (National Assembly – sec 75).

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Environmental Affairs and Tourism

 a) The Convention on the Conservation and Management of Fishery
    Resources in the South East Atlantic Ocean (SEAFO), tabled in terms
    of section 231(3) of the Constitution, 1996.

                     WEDNESDAY, 11 OCTOBER 2006

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Housing

 a) Report and Financial Statements of the Social Housing Foundation
    for 2005-2006, including the Report of the Independent Auditors on
    the Financial Statements for 2005-2006.

1. The Minister of Arts and Culture

   a) Report and Financial Statements of The Playhouse Company for 2005- 2006, including the Report of the Auditor-General on the Financial Statements for 2005-2006.

                      THURSDAY, 12 OCTOBER 2006
   

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Introduction of Bills

 (1)    The Minister for Public Enterprises


      a) Transnet Pension Fund Amendment Bill [B 30 – 2006] (National
         Assembly – proposed sec 75) [Explanatory summary of Bill and
         prior notice of its introduction published in Government
         Gazette No 29303 of  12 October 2006.]


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


         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.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister for Justice and Constitutional Development

 a) A report on the withholding of remuneration of Mr M Matereke, an
    additional magistrate at the Magistrates Court, Johannesburg, who
    is under provisional suspension, in terms of section 13(4A)(b) of
    the Magistrates Act, 1993 (Act No 90 of 1993).

                       FRIDAY, 13 OCTOBER 2006

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Translation of Bills submitted

 (1)    The Minister of Trade and Industry


     (a)     Wysigingswetsontwerp op Korporatiewe Wette [W 6 – 2006]
         (National Assembly – sec 75)


         This is the official translation into Afrikaans of the
         Corporate Laws Amendment Bill [B 6 – 2006] (National Assembly –
         sec 75).

National Council of Provinces

The Chairperson

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

(1)     Bills passed by National Assembly and transmitted for
    concurrence on 12 October 2006:


    (a)      Health Professions Amendment Bill [B 10B – 2006] (National
         Assembly – sec 76).


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

COMMITTEE REPORTS

National Council of Provinces

1. Report of the Select Committee on Security and Constitutional Affairs on the AU Protocol to the OAU Convention on the Prevention and Combating of Terrorism, dated 19 September 2006: The Select Committee on Security and Constitutional Affairs, having considered the request for ratification by Parliament of the AU Protocol to OAU Convention on the Prevention and Combating of Terrorism, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, ratify the said Convention.

 The Committee further recommends that the following interpretative
 declarations be made with ratification:


  • The Government of the Republic of South Africa is not a Party to
    the African Union Convention for the Elimination of Mercenarism in
    Africa and notes that this is a Convention that has been identified
    by the Assembly of the African Union as being suitable for review.
    In the interim the Government of the Republic of South Africa will
    interpret and apply Article 3(1)(e) in accordance with legislation
    of the Republic of South Africa applicable to mercenarism, which
    prohibits the recruitment, use, training of, or engagement in, any
    mercenary activity.


  • The Government of the Republic of South Africa shall apply the
    provisions of Article 8 of the Protocol in accordance with the
    obligations imposed upon States Parties in Article 8 of the OAU
    (now African Union) Convention on the Prevention and Combating of
    Terrorism.


 Report to be considered.

1. Report of the Select Committee on Security and Constitutional Affairs on the International Convention for the Suppression of Acts of Nuclear Terrorism, dated 19 September 2006:

The Select Committee on Security and Constitutional Affairs, having
considered the request for ratification by Parliament of the
International Convention for the Suppression of Acts of Nuclear
Terrorism, referred to it, recommends that the Council, in terms of
section 231(2) of the Constitution, ratify the said Convention.


 Report to be considered.


                       MONDAY, 16 OCTOBER 2006

TABLINGS

National Council of Provinces

The Chairperson

CREDA PLEASE INSERT REPORT - Insert – T061016E-insert – PAGES 2172-2253

COMMITTEE REPORTS

National Council of Provinces

1. Report of the Select Committee on Education and Recreation on the Further Education and Training Colleges Bill [B 23 - 2006] (National Council of Provinces – sec 76), dated 13 October 2006:

   The Select Committee on Education and Recreation, having considered the subject of the Further Education and Training Colleges Bill [B 23

   • 2006] (National Council of Provinces - sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B 23A – 2006].

                  TUESDAY, 17 OCTOBER 2006
     

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Introduction of Bills

 (1)    The Minister for the Public Service and Administration


      a) Public Service Amendment Bill [B 31 – 2006] (National Assembly
         – proposed sec 76) [Explanatory summary of Bill and prior
         notice of its introduction published in Government Gazette No
         29259 of 29 September 2006.]


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


         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.

1. Bills passed by Houses – to be submitted to President for assent

(1)     Bill passed by National Assembly on 17 October 2006:


      a) Corporate Laws Amendment Bill [B 6D – 2006] (National Assembly–
         sec 75).

National Council of Provinces

The Chairperson

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

(1)     Bills passed by National Assembly and transmitted for
    concurrence on 17 October 2006:


    (a)      South African Institute for Drug-Free Sport Amendment Bill
         [B 7B – 2006] (National Assembly – sec 75).


       The Bill has been referred to the Select Committee on Education
         and Recreation of the National Council of Provinces.

      b) Carriage by Air Amendment Bill [B 18 – 2006] (National Assembly
         – sec 75).


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

TABLINGS

National Assembly and National Council of Provinces

1. The Minister for Justice and Constitutional Development

 a) Report and Financial Statements of Vote 23 – Department of Justice
    and Constitutional Development for 2005-2006, including the Report
    of the Auditor-General on the Financial Statements of Vote 23 for
    2005-2006 [RP 205-2006].

1. The Minister of Arts and Culture

 a) Report and Financial Statements of Vote 14 – Department of Arts and
    Culture for 2005-2006, including the Report of the Auditor-General
    on the Financial Statements of Vote 14 for 2005-2006.

1. The Minister of Trade and Industry

 a) Report and Financial Statements of the Companies and Intellectual
    Property Registration Office (CIPRO) for 2005-2006, including the
    Report of the Auditor-General on the Financial Statements for 2005-
    2006 [RP 220-2006].

National Council of Provinces

1. The Minister of Finance

 a) Provincial Budgets and Expenditure Review, 2002/03 - 2008/09 [RP
    243-2006].

 b) Local Government Budgets and Expenditure Review, 2001/02 - 2007/08
    [RP 244-2006]. COMMITTEE REPORTS

National Council of Provinces

1. Report of the Select Committee on Public Services on the National Land Transport Transition Amendment Bill [B 38D – 2005] (National Council of Provinces - sec 76), dated 17 October 2006:

   The Select Committee on Public Services, having considered the National Land Transport Transition Amendment Bill [B 38D – 2005] (National Council of Provinces – sec 76), amended by the National Assembly and referred to it, reports that it has agreed to the Bill.

Report to be considered.

1. Report of the Select Committee on Local Government and Administration on the Request for the extension of employment of Mr A.S Minty, Deputy Director-General, in the Department of Foreign Affairs, dated 17 October 2006:

   The Select Committee on Local Government and Administration having considered the request from the Minister of Foreign Affairs, for approval by Parliament of the extension of employment of Mr A.S Minty, Deputy Director-General in the Department of Foreign Affairs, for five years, referred to it, recommends that the Council, approve the said request.

Request to be considered.