TUESDAY, 14 NOVEMBER 2006 __

          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES

                                ____

The Council met at 14:02.

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

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

                       WELCOMING OF MINISTERS

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Order! We would like to acknowledge the presence of the national Ministers at the plenary this afternoon. Thank you, hon Ministers, for being with us.

                               MOTIONS

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Hon members, I have been informed that the Whippery had agreed that there will be no notices of motions or motions without notice today except for one.

  COLLISION OF TRAIN AND TRUCK AT RAIL CROSSING NEAR SOMERSET WEST


                         (Draft Resolution)

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

That the Council –

  1) notes -


     (a)      the horrific accident in which a train ploughed into a
          truck carrying farmworkers at a rail crossing near Somerset
          West in the Western Cape early on Monday, 13 November 2006,
          killing 19 people and injuring 12; and


     (b)     that preliminary investigations suggest that the immediate
          cause of the accident was that the driver ignored warning
          signals and proceeded to cross the level crossing, resulting
          in the collision with the train;

(2) extends its condolences and deepest sympathies to the families and friends of those killed, and wishes those injured a speedy recovery; and

(3) calls on all motorists and drivers of both passenger and goods vehicles, as we approach the festive season, to be more vigilant and drive safely in order to arrive alive. Motion agreed to in accordance with section 65 of the Constitution.

QUESTIONS FOR ORAL REPLY

                              ECONOMICS
                              Cluster 3

MINISTERS:

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Thank you, Chief Whip. A request was made and I have agreed that we deal with questions to the Minister for Public Enterprises first, thereafter we will proceed to deal with all the questions to the Minister of Finance.

Before that, I wish to remind hon members that the time allocated for replies is five minutes per question, time for asking the supplementary question is two minutes, time for replying to supplementary questions is four minutes and only four supplementary questions are allowed per question. I therefore call upon the Minister for Public Enterprises to respond to Question No 80.

         The capacity of Eskom to meet future energy demands

1. Ms M P Themba asked the Minister for Public Enterprises:

What is being done to ensure that future energy demands will be met by Eskom, especially in areas such as the Western Cape? C335E

The MINISTER FOR PUBLIC ENTERPRISES: Deputy Chairperson, thank you very much for accommodating us, because, as you know, we have to be in the other House shortly. I have to deal with legislation there.

Eskom is indeed taking a number of steps to ensure that we can secure electricity supplies not only nationally but also locally, particularly here in the Western Cape.

I could probably summarise the steps as follows: Firstly, we need to deal with a range of demand management measures. As you would probably recall during the crisis that we had earlier this year, we introduced one of the most successful demand management exercises that we have had in South Africa. We continue on that path to manage the overall demand to reach agreements and arrangements with various customers so that we could, in certain circumstances, buy back electricity from them.

We have also established in Eskom an executive management committee structure that deals with all areas nationally, particularly in crisis areas, like the Western Cape. This focuses on making certain that the system is well maintained. We have introduced new maintenance requirements and schedules so that we can protect the basic operating facilities and equipment that we have. So, the first area we are working on is the demand management, special management committees to deal with that and to deal with maintenance programmes.

Ultimately, there are two major investment areas, which will assist us to ensure electricity supply particularly to the Western Cape. The first and very important investment is in the much larger transmission lines or 757 megawatts lines that will then allow us to bring greater amounts of electricity to the Western Cape; in fact, to the whole of the Western and the Eastern Cape area.

We are also investing in new generating capacity. The main activities here are the close-cycle gas turbine power plants at Atlantis and Mossel Bay. We are confident that those two plants should be operational before the middle of next year. This will add some 1 000 megawatt capacity in this area for peaking and mid-range activity. And, we will then continue with our progress for a major generation programme where we will be investing up to 8 000 megawatt of new capacity between now and about 2010.

So, I think that there are very strenuous efforts being made to ensure that our electricity situation is more secured; and, as you know, a major investment programme is new generation, transmission and distribution facilities. Thank you.

Mr S SHICEKA: Deputy Chairperson, it’s clear that the Minister for Public Enterprises says that we must spare him the asking of many questions, given the fact that he has to rush to the National Assembly. My question then is whether the department is looking at other forms of energy supply in order to ensure that we have energy in the country? Linked to that, at what level is the private sector expected to play a part in ensuring that electricity is generated in this country?

The MINISTER FOR PUBLIC ENTERPRISES: Thank you, hon member, for the question. Yes, there is additional generation capacity planned, provided through what are called Independent Power Producers. The requests for proposals have gone out. These are also for gas turbine plants, so they are essentially also for peaking and mid-range plants. The two proposed tenders would amount to the sum total of about 1 000 megawatt. To the extent that the Independent Power Producers would be private sector companies, they will be involved.

There are, in fact, throughout our system a number of smaller co-generation activities such as certain sugar mills, plants and factories that generate electricity and they sell some of that to Eskom. But that’s a relatively small part of the total system at the moment. The main role that the private sector would play is through the Independent Power Producers.

Are we looking at other energy forms? Yes, we are looking at other energy forms. There are major programmes, not just in Eskom but also in the system as a whole, on wind, solar energy and possible wave action energy. There are more complex technologies dealing with the gasification of coal, which would reduce some of the greenhouse gas effects. But that’s a pretty long- term project and a very big one.

We are also involved in the development of the Pebble-Bed Modular Reactor, which is a fourth-generation nuclear technology and Eskom is currently in the last stages of evaluating the technologies for a conventional nuclear plant. We hope to make a decision on that in the first quarter of next year and that plant is also likely to be located somewhere in the Southern part of our grid to strengthen the base-load capacity. There is indeed a wide range of research projects on the go.

One of the realities that I think we have to come to terms with is that, thus far, it has been very difficult to provide big base-load capacity for a big grid with the renewable energy forms. They are supplements but they have not yet been established as a very effective base-load supplier. If they were used for base-load, as is the case in parts of Europe, it would be very expensive.

 Measures against provinces unable to utilise financial allocations

 65. Kgoshi M L Mokoena asked the Minister of Finance:
  Whether he or his department will take measures against provinces that
  are unable to utilise their allocation within a financial year; if
  not, why not; if so, what measures?          C160E

The MINISTER OF FINANCE: Deputy Chair, the question is from hon Kgoshi Mokoena and deals with whether we will take any corrective action against provinces that failed to utilise all the resources allocated to them.

Now there is a very important context that’s provided firstly by the Constitution with its emphasis on co-operative governance. Secondly, in section 216 of the Constitution, conditions are set out which allow us to withhold the transfer of funds because, at the start of the year, we don’t transfer all the money. I think it is important to recognise that all of that involve certain requirements.

Also, in the Intergovernmental Fiscal Relations Act, in section 3 of that Act, we have actually provided for the need for consultation. There have been significant improvements in the last period, largely because as the Public Finance Management Act has matured, we actually use the forum of Parliament, through publication of actual expenditures on a quarterly basis, thereby empowering Parliament to call any province. We have certainly seen the Select Committee on Finance do this on the conditional grants, and doing so very effectively.

But, instead of allowing the situation to happen where money remains unspent for a long period, I think trend lines can be established because of actual publications in the Gazette that hold recipients of public finance accountable to Parliament.

Of course, what we are also able to do is have discussions in the Budget Council, which is that formal body of Minmec, the Ministry and the nine MECs of Finance. On a quarterly basis, the President has the Presidential Co-ordinating Council where the President and the Ministers on an as-needs basis meet with the Premiers and the representatives of the SA Local Government Association, and then, on a quarterly basis, we actually do presentations of the trends.

So rather than act with the big stick to hold back money, I think our emphasis is largely on co-operative government. Where it is unavoidable, as with conditional grants, we have done so but I think it is something we will deal with in a later question today.

Last year, R746,7 million of the Municipal Infrastructure Grant for provinces was withheld. Now I think that, if you ask hon Ralane there at the back, he has called the provinces. He knows the details. We have ensured that Parliament knows that it is not any capricious act - you know, wake up in the morning and say, ``I’m angry with Limpopo. Let me withhold money from them.’’

There are actually set procedures, and on conditional grants we are very strict. We insist that the provinces, one, budget for the money; two, plan for the money; and three, report on money received. So, you’ve got that ongoing discussion. That is the basis on which we actually withheld those amounts of money. In that year, provinces underspent their capital budget by R938,3 million.

Sometimes it’s a capacity problem. Sometimes it’s as a result of the fact that people want the money even though the plans will only be put out later.

I think we are working through all of those things. It is an improving situation because, in 2002, provinces underspent their capital budgets by 10%. Now, if you look at the situation last year, even though that R938 million is a big number, it has dropped to 6% of an even larger capital budget. So, it is an improving story.

I think that if I left here without ensuring that every member of the NCOP understood that we don’t do this without due care and attention and without an emphasis on co-operative governance, I’d be leaving the wrong impression. Thank you.

Kgoshi M L MOKOENA: Chairperson, let me thank the Minister for the elaborative response to my question. I thank him so much for that.

Arising from that reply, I want to find out from the hon dynamic Minister that in dealing with all processes to make sure that they use all their allocations – that’s the provinces - how are we avoiding this fiscal dumping that is done by some of the provinces?

Having realised that they might not be able to use all their allocations, they resort to fiscal dumping to justify that they have spent all their money. That’s the first question.

The second question is, as this House is playing its oversight function over provinces, can I get the view of the eloquent, calculating and wonderful Minister as to how we deal with some of the provinces that are reluctant to account? They even go to the extent of refusing to come and appeal before the committee that plays the oversight role in their activities. How do we make those kinds of arrangements, hon Minister? Thanks, Chair.

The MINISTER OF FINANCE: Thank you very much, hon Chair, and may I thank our outstanding representative of the people, the hereditary leader of our people, for his follow-up question. Kgoshi, Deputy Chair, part of the difficulty is that what the Constitution requires of us is to transfer an equitable share to provinces.

The formula is calculated. It’s an open, transparent issue in the length and spirit of the law and the oversight for that. It’s of course managed by the Financial and Fiscal Commission. So, once a province receives its own allocations, it has to account for that amount of money to the provincial legislature.

I want to express the hope that oversight in provincial legislatures is as strong as what we are seeing from this House. Now there is a bit of a constraint. You can’t ask a provincial department to account to the National Council of Provinces because there is no direct line of accountability.

But where there is a direct line of accountability, and this happens in respect of conditional grants, there can be no excuse, because it is actually out of the national share granted to provinces and, therefore, there are certain conditions that must be met; and there can be no escape from that line of accountability.

Now this House has been exceedingly forthcoming in responding, for the second year running now, to the Intergovernmental Fiscal Review. Very important workshops were held on this. We try to include the provincial legislatures. We believe that it is an important tool. It’s important because you bring to light what the outcomes are. It’s a round of discussions.

Hon Mkhaliphi chaired the Joint Budget Committee, now we are focusing on the allocations for next year. What we will publish on Budget Day are the estimates of national expenditure, the measurable objectives of departments. But what we have thereafter is what the money actually bought.

I think that, by raising the consciousness about these issues, we are saying to legislatures that this is the most perfect opportunity for oversight.

So, if the department of agriculture in the Free State province received R100 million, on the front end of that is the budget, we can ask but what did the money buy if that province then decided to buy Bonsmara cattle and give it to the friends of the Deputy Minister here? They must account for it. [Interjections.]

It is getting those kinds of issues right. I think I suppose the question, Kgoshi, is a plea from you through me; and let me give feedback to you that there are many instruments for oversight that strengthen that role of legislatures, and the plea is to use it because we need to act together.

Once we release the money, except for conditional grants as in the case of the capital works grants, we tend to stand back and plead with legislatures: Take the ball and run. We do so through the Gazette and a number of other means. Thank you.

  Municipalities: Regulation of borrowing practices, and receipt of
                             allocations 66.   Mr E M Sogoni asked the Minister of Finance:

   (1)  Whether, with regard to municipalities borrowing financial
       resources from the Development Bank of Southern Africa, he
       intends to regulate the borrowing practices of municipalities;
       if not, why not; if so, what are the relevant details;


   (2)  whether municipalities that have the capacity to spend their
       allocations appropriately will receive such allocations; if not,
       why not;


   (3)  whether he will make a statement on the matter?
       C207E

The MINISTER OF FINANCE: Deputy Chair, this is a question from the hon Sogoni relating to municipalities borrowing from the Development Bank of Southern Africa, the DBSA. What is important is that we recognise that municipalities borrowing from the DBSA have to meet the same requirements as are set out in the Local Government: Municipal Finance Management Act.

We try to encourage the DBSA to lend to municipalities, especially small municipalities that don’t have credit ratings. Last year, province by province, the book to municipalities was quite significant.

The measure for us is whether they would get out into the rural areas. I always say to the DBSA, “Don’t bother about eThekweni, Joburg and Tshwane; they’ll get themselves to market okay.” It’s okay to support them in that, but the key issue is to try to drive the change. In driving the change, it’s sometimes a huge capacity constraint in municipalities in that you have this contradiction in terms of which municipalities in rural areas don’t provide free basic services to the really, really poor that are there, because the services are not in place. Before you can provide free basic water, you must first provide water. But if the capacity isn’t there in that municipality, then we are actually denying the poor, who happen to live in rural areas.

This is why the Siyenza Manje project is as important as it is. In and of itself it is not a lending tool, but it is a capacity-building tool. You have, located in one place, a group of professionals, who have retired, and others who can go there and do mentorship programmes. This is because there are too many municipalities that employ no engineers, no technicians, and so they have no technical skills to get the water, the electricity or the sanitation to people.

So driving that programme is going be important. You might well in the future, as a result of that, have identified the need, and the DBSA might then be the institution that that municipality seeks to borrow from. But the first and most important objective of Siyenza Manje is to try to get the capacity in there, so that the services can be provided and the money is accounted for properly, because there are a number of financial managers who are part of this project.

What we will be doing shortly, though, as the National Treasury is publish a series of regulations for borrowing by municipalities. There are some things in the Local Government: Municipal Finance Management Act. We have had to stop municipalities that would call from London and say, “We are here to borrow money”, and it’s very clear that you can’t, as a municipality, borrow outside of the country.

We need to further enhance and create capacity but, more importantly, I think, what we want of municipalities, through the DBSA and other channels, is not to borrow in the short term, because in the short term the interest rates are high, but to borrow over long periods as we do as government, say, over 10 years, to issue bonds and be able to manage their infrastructure spending quite differently from what we’ve seen in the past. So, this is an evolving situation.

I think, in the main, municipalities are eligible to borrow from the DBSA. The DBSA stands ready to help, but we are not going to rush the DBSA into municipalities to create a situation in which they actually have unbearable debt because that will create its own wave of problems. Thank you.

Mr E M SOGONI: Thank you, Deputy Chairperson, and thank you, Minister, for the response. I don’t have the adjectives the hon Mokoena had to describe you. However, we agree with what the Minister is saying in terms of municipalities borrowing from the Development Bank of Southern Africa. I’m not sure if the question really conveyed the issue. The issue is that the municipalities build the infrastructure for water, for roads, for electricity. In terms of the Division of Revenue Act, the departments are supposed to allocate funds to those municipalities. Now, the problem that we are really raising here is that municipalities do not go, for instance, to the Department of Water Affairs and Forestry or the Department of Transport and say that they need their allocation.

Now, is this borrowing going to be regulated in such a way that if municipalities want to build reticulation for water, for instance, that they start accessing their allocation from Dwaf or whatever department beforehand? This is because, in most cases, we’ve found that they have not accessed those allocations they are entitled to. That is the question.

From oversight we have done in the provinces, we have found that they really don’t bother going to the departments. They just rush directly to the Development Bank of Southern Africa. Thank you very much, Deputy Chair.

The MINISTER OF FINANCE: Thank you very much, Chair. I don’t know. I stand to be advised by the hon Sogoni on exactly what the issues are. When I look at the book of the DBSA, I’m not seeing those kinds of numbers. I think it’s also important to recognise that you’re not going to be able to get, in all instances, a national department allocating resources, partly because you need a very fine reading of the Constitution because reticulation remains a municipal competence.

Schedule 5 of the Constitution is abundantly clear on that issue. In the context of co-operative governance, you can’t overstep the line and say, “We don’t like what you are doing,” or “We favour you, so here is a pile of cash”.

There are examples in the Eastern Cape. In the Nelson Mandela Metro there are two different loans, both of which are 2020 facilities. In Chris Hani there is a programme for the eradication of the bucket system - a R10 million programme. In Ukhahlamba there is a water and sanitation programme of R1,5 million. In Alfred Nzo there is a programme for basic service delivery for sanitation and roadworks of R25 million; it is quite a big programme. In Dlambe there is a multimunicipal infrastructure programme, Phase 2, of R10 million.

So for the entirety of the Eastern Cape, including R800 million to the Nelson Mandela Metro, the total loan book from the DBSA is R846 million. That is not excessive. I think that the DBSA does not want to be placed in a position of having to foreclose against a municipality - take the tractor, the grader and stuff like that. So, they have their own banking interests at heart in engaging with these things. I am not sure, when I look at the list of projects, how many of them may have been declined for a whole host of reasons. This is going to be an evolving story to actually resolve all these matters. Chair, thank you.

Participation of councillors in adjudication of tenders, and favouring of formerly disadvantaged communities by procurement policies

1. Mr E M Sogoni asked the Minister of Finance:

   (1) Whether, with reference to the Municipal Finance Management Act, Act 56 of 2003, that provides that councillors should not participate in the adjudication of tenders, any assessment of this reform has been made; if not, why not; if so, what are the relevant details;

   (2) whether procurement policies, especially at local government level, favour formerly disadvantaged communities as intended; if not, what is (a) the position regarding the challenges in this regard and (b) being done to address the challenges; if so, what are the relevant details? C288E

The MINISTER OF FINANCE: Chairperson, I am going to insist that hon Sogoni pay me a bonus after this. The question relates to a supply chain management in the context of the Municipal Finance Management Act. What we are doing as the National Treasury, together with our provincial counterparts, is to monitor and assess what is happening in municipalities with supply chain management, and what is actually happening with the framework.

The question is quite specific: It asks about the exclusion of councillors from the adjudication of tenders. From our perspective, I am sure that if I can ask the hon Sogoni whether he has participated in any tender board as an elected representative, he will say no. Hence I can say that members of the executive here can say without fear of contradiction that we do not participate in decisions about tenders.

What we have done in respect of the municipalities is to ensure that councillors do not participate in the awarding of tenders. There is a very definite reason for it and that is ethics. Hon members, you may have seen the President express himself on this matter in the North West Province in Mafikeng this past weekend.

We do not seek to become councillors or mayors just because being a councillor or a mayor gives you access to resources and allows you to see a lot of money flashing in front of your eyes. Being a councillor or a mayor is all about service.

If you locate the awarding of tenders to officials who are duly accountable to the elected representatives of the people, then there is somebody to hold them accountable. If the elected representatives themselves were awarding the tenders, whom would they be accountable to? There is a very definite reason and I think it would be a constant thread in the Public Finance Management Act and the Municipal Finance Management Act.

In broad terms, Chairperson, the Constitution requires of us to put in place a Preferential Procurement Policy Framework Act. This sets out the scores that the Minister of Trade and Industry is engaged in, and it is a very intensive process on quotations that would have to dovetail with the Preferential Procurement Policy Framework Act.

We will do these things together and it might require certain amendments. The intention of the Constitution is abundantly clear. It says that you must put in place the national legislation that will impact on all organs of state to ensure that tenders are awarded to historically disadvantaged groupings and people.

It is not an optional issue but it is a Constitutional imperative. This matter is not one that we can deal with without limitations. In terms of the Municipal Finance Management Act we have published regulations. There was a huge Gazette published at the end of May 2005. That Gazette limits the rights of certain groups.

Firstly, it says that the municipality may not issue a tender to somebody who has not paid income tax - it is perfectly rational. You cannot take taxpayers’ money and enrich people who do not bother to meet the obligations of the citizens by paying tax. It is quite straightforward and it is uniform across all tender requirements.

The second limitation is on people who are in the employ of the state. Those are strict prohibitions in terms of the legislation and again there is a provision, which is sometimes misunderstood. It asks that where awards are made to first-degree relatives of elected representatives, or people in the service of the state, that that be published.

For example, if the hon Dirk du Toit’s wife gets a tender from the Bloemfontein municipality, they would have to publish it as a footnote in their financial record. She is not prohibited by virtue of her association, but the council has a responsibility in the interest of transparency to publish that in a footnote.

Those are the ethical premises, and they are very strong in the regulations and the Municipal Finance Management Act. I am sure that the hon Sogoni and every hon member of this House would stand by this, because we believe that it is correct that these regulations obtain in the way that they do.

Mr E M SOGONI: Thank you, Chairperson. I do stand by those regulations, Minister. However, I think that there should be a mechanism to ensure that those officials who are responsible for adjudicating tenders are clear about the government’s BEE policies of addressing the issues of affirmative action.

Maybe I should in the near feature try to provide the hon Minister with some small audit of the tenders that were issued by the Tshwane Municipality and Johannesburg Municipality in the past year. These small tenders could have been given to an ordinary person, but it is given to someone who has resources and who may not necessarily need that small tender. I am not sure if there is a mechanism used to look at that. We know that councillors do not have the capacity to monitor allocations but they are supposed to monitor them.

The MINISTER OF FINANCE: Chairperson, the hon Sogoni places me in some difficulty. I do not know that people would submit a tender if they do not have a need for the money. In capitalism, people want money: the more they see, the more they want. But that is not what I am talking about.

You see, some of these things are exceedingly difficult at face value. Let us assume that you are awarding a tender for some complex bit of work, for example, not just in construction, but a complex thing: You take the NCOP and you must get specialised air-conditioning systems into the NCOP.

You might say that there is a company that looks like it does not need money; it is just construction after all. The problem is that if you award that tender to a black-owned company that may have never done anything like this before, they could actually create enormous difficulty in a Chamber like this.

It is very difficult to oversee all of these things and the nitty-gritty, and that is why rather than just looking at race and gender, it is also important when you are making a call like that, that you also look at the tender specifications. One of the worst things that I have seen is a road that was built. Within two years of rains, the road was gone. Why? Because the road construction contract was awarded to people who met the race and gender qualifications, but had no experience of construction. The local authority issuing the tender has to start again and whilst that is happening the inhabitants or the residents are punished. There are balances that must be struck. What is very important is that we build the capacity as we proceed.

The other story is the one for which I appeared on television. I was in a house, which was poorly constructed in the Mpumalanga Province. This woman showed me just how bad the house was and I was upset because we should not do that to poor people.

When I asked the municipal manager about it, he said that it was a BEE contractor. Then I asked him if he is paying half price for the house. He said no, it was full price. But we should not do that. It is wrong for the recipient of the service. Government must mediate on behalf of the people. Part of the BEE codes is getting the stuff right so that we can get the service and value for money, but we can do so on a basis whereby we extend on a rising floor, opportunities to historically disadvantaged businesses.

Mr S SHICEKA: Thank you, Chairperson, and we appreciate the response of the hon Minister, particularly on the issue of high ethical standards that we are trying to put across. I want to link the follow-up question to these high ethical standards: Is there any requirement whatsoever that people who sit in the adjudication committees are required to declare their interests?

The fact that they are officials does not necessarily mean that they cannot be corrupt; they can also be corrupt themselves. This means that the buck can stop with them. I think I would agree with comrade Sogoni that if an audit can be done to check the situation of this policy decision, it would help a great deal. Just because it was done in the province and not nationally does not mean that it might not be helpful.

The last point on that question is: What happens if these officials take a wrong decision and appoint the wrong company, one that is not in compliance with our policies? What is the level of recourse of these politicians who do not sit there to ensure that the right thing is done? They are not expected to become closely involved with the process. They must be far removed from the process, so what do they do? They are accountable to the public out there. They must make sure that whatever is done is done properly and that it does agree with ethical standards.

The MINISTER OF FINANCE: Thank you very much, Chairperson, and thanks to the hon Shiceka for the question. I think the first issue is that public servants must understand that they are not working for their parents or in their own corner shops. They are employed by government institutions that have policies, and that is a core responsibility of management.

I have to sit with the managers of my respective departments on a regular basis, work things through with them and ensure that we are exactly on the same page when it comes to policy issues. If there are deviations from that, they will try and seek prior approval from me. In that way, I know that I can be held publicly accountable for policy implementation or lack thereof. This reality even exists in municipalities. There would be a member of the mayoral committee who is responsible for a particular function - that is the first issue. The second issue is, on disclosures, we have a situation now in the Public Service Commission, which requires us to ensure that our public servants annually submit declarations of assets and liabilities.

This is a very useful measure, merely by virtue of submitting it does not preclude the Public Service Commission or anybody else from making an enquiry if they need to. Part of it is a declaration in the presence of a commissioner of oaths, that the statement you are submitting is done so under oath. You cannot have public servants who have no regard for the oath, because if they do they should not be public servants.

That is raising the ethical standards and I think it is an ongoing issue now. I could not tell you, off-hand, exactly what the position is with municipalities. Clearly, we have to work in that direction and I know that the DGs keep a very careful eye on it.

Whilst the declarations are only requirements for the senior management, such as the service directors, chief directors, deputy DGs and DGs, where people are involved in the decision-making - like we still have some tender board functions within the Treasury for instance - even though they may be below that level, they are required to submit their declarations of assets and liabilities, so that there is a consciousness.

You are not going to resolve all of these issues, but I think what is important is that you show a spotlight on it, and if the spotlight is on, then it is frequently more difficult for the people to get away with issues.

One of the issues that I think we still have to resolve in the broader procurement arena is the compliance office. What we have done is to free up departments from the strictures of the State Tender Board. What most departments do is that they place the tenders or award the tenders, but you need a centralised compliance office to do occasional checks and so on. I am sure that we are going to need something like that for municipalities as well. That will help because I think it gives a higher comfort level about what we are doing and that the checks and balances are in place.

        Transfer of unutilised resources by National Treasury

1. Mr D Botha asked the Minister of Finance:

   Whether the National Treasury transferred unutilised resources, originally distributed as conditional grants, to another provincial department (a) within the same province and/or (b) in a different province in the financial year ending 31 March 2006; if not, why not; if so, what are the relevant details?

           C326E
   

The MINISTER OF FINANCE: Thank you very much, Chair. It’s a question from the hon Botha and it is similar to that of Kgoshi Mokoena. It relates to whether we’ve transferred unutilised resources originally distributed as conditional grants to other provinces. Now, firstly, there is the R746 million that I referred to earlier, part of the infrastructure grant to provinces that was withheld because of certain processes. Those are published numbers.

Since 2005, in the Division of Revenue Act, we’ve included a clause that allows us to move funds between one province and the next for a similar function where it appears that that province would not be able to spend the money. The first of these grants that we’ve moved around like that is the hospital revitalisation grant. The amounts withheld from last year are R10 million from the Eastern Cape, R7 million from the Free State, R10 million from Limpopo, R40 million from the North West and R24 million from the Western Cape.

Of the R91 million withheld, R71 million was transferred to Gauteng and R20 million to the Northern Cape during the 2005 provincial adjustment estimate process. It’s just smoothing that process, because if provinces have momentum in the construction of revitalised health facilities, we want to see the money go there rather than have it sitting in other places.

Secondly, we redirected a portion of the infrastructure grant for provinces that was stopped during the last financial year, namely R20 million from Mpumalanga and R100 million from Limpopo. We redirected R55 million of that to the North West and R65 million to the Western Cape, who indicated that they could absorb the reallocated funds.

We have already appropriated these amounts in the other House in the Adjustments Appropriation, and this House will do it this week. I again want to express our deepest appreciation to the Select Committee on Finance because, given the fact that you now have a mechanism in the Division of the Revenue Act to apply these facilities differently, the consciousness raised by the select committee here has helped us to reallocate these resources in the way that we have. Thank you.

The HOUSE CHAIRPERSON (Mr T S Setona): Thank you, hon Minister. We were informed that the Minister of Minerals and Energy, the Minister of Labour and the Minister of Environmental Affairs and Tourism were abroad, but I’ve just been informed that hon Dr Skweyiya, the Minister of Social Development, is standing in for the Minister of Minerals and Energy. Is that correct, hon Minister?

The MINISTER OF SOCIAL DEVELOPMENT: Something like that. [Laughter.]

The HOUSE CHAIRPERSON (Mr T S Setona): Thank you very much.

The MINISTER OF FINANCE: Chairperson, I wish members of the House the best for the Christmas season ahead. Thank you.

The HOUSE CHAIRPERSON (Mr T S Setona): Thank you very much.

             Collapse of World Trade Organisation talks

1. Mr J M Sibiya asked the Minister of Trade and Industry:

   (1) What led to the collapse of World Trade Organisation, WTO, talks;

   (2) whether there is any possibility of the talks being resumed; if not, why not, if so, what are the relevant details? C216E

The MINISTER OF TRADE AND INDUSTRY: Let me say that the Doha Round, which was launched in November 2001, has been a complex and difficult set of negotiations amongst 150 members across seven core issues. Many planned interim deadlines have been missed over the course of the negotiations, and the suspension and not the collapse on 24 July is an expression of such difficulties. This happened after a series of ministerial engagements, over the course of 2006, including an intensive session amongst the six members who were loosely referred to as “the G6” – the US, the EU, Australia, Japan, India and Brazil. On 23 July, substantive differences on the key issues of agriculture could not be bridged. The DG of the WTO, Mr Pascal Lamy, as chair of the negotiating committee, had little choice but to suspend the negotiations indefinitely.

A window of opportunity may be opened after the mid-term elections in the United States at which time the US administration may be in a position to re-engage in negotiations, if the current Farm Bill, which is under negotiation, provides space to improve the US offer to reduce agricultural support.

If this possibility materialises, the EU would also be required to firm up its offer to reduce agricultural tariffs. Should these basic ingredients become available then the Doha Round has a strong possibility of resuming. So, the final point that I would like to make is that it is in the same way that the Doha Round development agenda had identified agriculture as core to the achievement of these developmental objectives. This is exactly the area where the negotiations came unstuck.

On the issues that relate to what developing countries needed to do in the area of industrial tariffs, it is important to mention the point that it is not on those issues that the negotiations actually deadlocked to the point where the DG decided to suspend the negotiations. Thank you, Chair. [Applause.]

Mr M J SIBIYA: I am very glad to learn that there are some moves in the US to try and have a look at the agriculture subsidies and try to act in the manner that can enable the talks to resume. In the meantime, are we not likely to find the situation, in your assessment, where the regional economic groupings elaborate protective measures that might be agreed upon, and each member of that grouping is required to make sure that whatever discussions take place in the event of the WTO talks resuming, they have to be looked at in such a way that they bear in mind the regional agreements that they have in their regional groupings? I thank you. [Applause.]

The MINISTER OF TRADE AND INDUSTRY: In responding to this question, it is perhaps important to make the point that the world and the world economy, but in particular the developing world, really needs a multilateral solution to the issue of global trade. Some of the risks of not achieving through the multilateral system’ through the World Trade Organisation, the objectives that were set out in the Doha Round ministerial which are really about opening up trade in the world today are, amongst other things, the proliferation of a lot of bilateral agreements and arrangements and regional agreements and arrangements. What these things do is that they make the trade environment more complex. Who pays the price? It is the developing countries, because they have to administer a whole series of trade agreements which are by nature just complex, because they are about administering many different lines of tariffs. They are about your custom’s procedures. So, it is a complex set of issues. The more complex the global trade environment becomes, the higher the prices that the developing countries, which need these more than anybody else, pay. So, it is important that we work as quickly as possible to have a resumption of these negotiations in a manner that will ensure that through the multilateral system, we establish a free, fair and open global trading system within which all of us – developed and developing countries - can participate in a meaningful and beneficial way.

I am not so sure whether at the moment or up until the elections took place, there were moves that we could really speak of in a very serious way in the United States. What we experienced with the US as they were approaching the elections – those of us who were in the negotiations, and you can ask the Minister of Public Works and the Minister of Agriculture who at the time were part of this process – was an absolute inability to engage; a rigidity which just emerged and made it extremely difficult for the negotiation process to move forward. So, we actually hope that in the course of time, we will be able to move away from those hard positions. [Applause.]

Mr S SHICEKA: Chair, we welcome the political developments that have taken place in the US in relation to the elections, because they are beginning to balance the situation. However, what makes the Minister to be cautiously optimistic is that the situation can change in as far as the US positions to the WTO are concerned. That is the first thing.

Secondly, isn’t Europe itself having rigidity in terms of its positions of not allowing the issue of reduction of this support to agricultural products and development of the farmers in relation to what was in Doha Round? Don’t you think that Europe will also cause more problems even if the US can change or soften its stance? I thank you. [Applause.]

The MINISTER OF TRADE AND INDUSTRY: I think that the cautious optimism results from the fact that we had worked in such a way that we were very close to what looked like a deal that would emerge out of the Doha Round. I think that generally, or politically speaking at least, the commitment is still there to ensure that we can deliver on this Doha Round development agenda. So, the fact that we had worked to a point where we were so close, gives us the optimism that if we can address some of the specific issues that really accounted for the deadlock in the negotiations, we do actually stand in a position where it would be possible to have a deal on these negotiations. It is fair to say that the responsibility for the deadlock in the negotiations, does not solely reside with the US, because the kind of triangle that had emerged as we were getting closer to the point, which of course represented the suspension of the negotiations, was that there was a need for the US to go further in terms of the offer that it had made to reduce its own agricultural subsidies.

Generally, there was an acceptance that the US needed to do more in that area. There was also an acceptance that the EU also needed to do more to open up its own market to agricultural products from other parts of the world. More specifically, the EU needed to provide greater clarity and show greater flexibility in terms of the treatment that it sought for its own sensitive products.

So, on both sides of the Atlantic, there was a need to move further. We needed the EU to effect further cuts to its agricultural tariffs and to be a lot less aggressive in terms of the treatment that it wanted to be given in terms of its own sensitive products. The way we saw it was that through these sensitive products, whatever commitments the EU would make to opening up its own market, would be undermined through loading everything onto the sensitive products which would then be carved out and excluded from the dispensation that would be agreed upon. So, those are the issues that needed to be addressed on both sides of the Atlantic. Those issues are still on the table; they still need to be addressed. [Applause.]

Implications of decisions taken at SADC summit for boosting of economic relations and membership of Southern African Customs Union

1. Ms N D Ntwanambi asked the Minister of Trade and Industry:

   (1) Whether the decisions taken at the Southern African Development Community, SADC, summit held in South Africa will assist in boosting economic relations; if not, why not; if so, what are the relevant details;

   (2) whether there are any proposals from the task force that will benefit South Africa both politically and economically; if not, why not; if so, what are the relevant details;

   (3) whether these proposals will allow countries that are not Southern African Customs Union, Sacu, members to join and benefit from the Sacu; if not, what is the position in this regard; if so, what are the relevant details? C329E

The MINISTER OF TRADE AND INDUSTRY: House Chair, key decisions taken at the recently held SADC Extraordinary Summit on 23 October 2006 relate to the confirmation of previous SADC decisions on the following issues, the attainment of a free trade area by 2008, as well as a SADC Customs Union by 2010.

These decisions are articulated in the SADC Regional Indicative Strategic Development Plan. This is an approved framework for the full realisation of regional economic integration. In short, the summit escalated regional economic integration to an immediate priority for a SADC ministerial task force comprising ministers of trade, planning and finance.

The decisions will facilitate intraregional trade and invariably boost economic relations in the region. The ministerial task force was only sanctioned in August 2006 with a broad mandate to fast-track the issue of regional economic integration. So it is still work in progress. The immediate proposal from the task force is to commission a study that will inform policy decisions so as to facilitate the attainment of the regional economic integration. The study will address the following questions. How do member states deal with the issue of multiple memberships? How does the SADC region relate to extra-SADC trade and economic agreements already in existence? How does one ensure that the economic partnership agreements being negotiated with the EU by all SADC members do not divide the region but contribute towards regional integration?

So amongst other things, these are some of the issues that the work of the task team will cover. And of course the work of the task team will also, in our view, promote economic unity in the region. The expansion of Sacu is not necessarily the preferred model towards SADC regional integration. The present focus is to facilitate the attainment of the SADC Customs Union in pursuance of regional economic integration.

Chair, it is fair to say that perhaps more than at any other time the issue of regional integration has really received very focused and high level attention on the part of the heads of state and therefore on the part of the region. And we are going to be working in ways that will ensure that we can advance the regional economic integration agenda. Thanks.

Mr S SHICEKA: Chairperson, the follow-up is on the issue of looking at regional integration, which is something that has been welcomed. However, if we look at the ports of entry of our country which are porous, then the issue of migration happening even within the country into the urban areas is very high and the economic infrastructure is unable to cope with it. Because South Africa is an island surrounded by a sea of poor countries, how are we going to manage that? Are we preparing ourselves as a country to ensure that we deal with these issues so that this dispensation that we are looking at and looking for, is able to assist and ensure that we manage our affairs; not only at that level, but also in terms of security and the management of our ports of entry if we have this dispensation? Thank you.

The MINISTER OF TRADE AND INDUSTRY: Chair, I wouldn’t want to necessarily regard the view that South Africa is an island in a sea of poverty as absolutely correct. I think if we look closely around us, we will find countries that are doing relatively well, even within our own region. Take a country such as Zimbabwe which, until the recent economic challenges, was actually doing quite well, economically speaking. Botswana has been doing relatively well over a sustained period. So I think we need to temper that a little bit. Indeed Lesotho, which is surrounded completely by South Africa, is an LDC, and so we just have to have a bit of a nuanced view to that.

When coming to the issues about our ports of entry, any regional integration programme necessarily has to address issues of infrastructure, and not just your hardcore economic infrastructure such as your power generation and all of these things, but also even the infrastructure that relates to the ability to manage the movement of goods and people.

And so part of what we have looked at as a possibility and as part of the work that we are doing as this task team is - as we worked towards deepening regional integration, freeing up trade more, and looking at moving towards a customs union - whether we wouldn’t need actually to establish a fund that would solely focus on the kind of infrastructure that we would need to build as a region in order to manage those issues of movement of goods and people.

So indeed, we would have to attend to that issue. I think that at the moment we probably do not have a comprehensive approach to this issue in the sense of an approach that sees us working across all sides of the borders that countries share. We would have to address this matter if we are to successfully achieve the objectives of regional integration.

Mr E M SOGONI: House Chair, the Sunday Times also said that South Africa is surrounded by a sea of poverty, and the Minister says it is not necessarily correct; but just a follow-up to this question is: are there conditions for these relations perhaps that are there in terms of, for example, political conditions that in order for SADC to achieve these goals, there should be some other political issues that SADC countries should address? Thank you.

The MINISTER OF TRADE AND INDUSTRY: Chair, I see that the member also touches on this condition of South Africa being an island in a sea of poverty, and I think that we shouldn’t also forget our own challenges as we talk about this. If we see South Africa as successful, we must also understand that that is not a complete statement, because we are faced by our challenges of the second economy, levels of poverty and unemployment, and areas that are marginalised in own country, which are very typical challenges, of any developing country. So I am kind of re-emphasising the point that we need to take a nuanced view to this issue.

I think that the summit of SADC that was held in Maseru in a very unique way, actually, gave SADC an opportunity to restate its commitment to maintaining the unity of SADC, and again in quite a unique way actually it enabled us to reflect on the long history of SADC, and on some of the actual tangible achievements of SADC as a community. We were reminded about various things that we have actually done as SADC starting with the unity that was achieved that enabled SADC as a region to confront the monster that was apartheid; and today we talk of a free South Africa, and the challenges that face Lesotho at a particular point when the political system just experienced particular differences at a given point in time. The question is: How could we in SADC as a region deal with these issues? Today we speak of a Lesotho, which is stable state, and has got a political and electoral system, which has given the country the kind of stability that it is enjoying today.

So from that it became quite clear that there is actually quite a strong political, emotional and even sentimental attachment to SADC as a body. I think that this is what underpinned or formed the backdrop to the work that was given to the ministerial task team, to look at how we deal with whatever challenges and obstacles there are on our way towards deepening regional integration, and to try and come up with a road map.

I think what became quite clear was that we would arrive at that position by dealing with the issues that confront us. So if multiple membership is an issue, we should be able to talk through it, and find a way of how we are going to deal with it.

If the existence of Sacu within the belly of SADC is an issue we must be able to talk through that issue, and come up with a way of how we are going to deal with it, so really I think that provided a very good basis for us to deal with the issues that have bearing on the attainment of a deeper- level, regional economic integration. Thank you.

Mr M J SIBIYA: Thank you, Chairperson. Hon Minister I was provoked by the question that was asked by Comrade Shiceka here. I think I will be making sense when I say some of the member states of SADC belong to other continental economic groupings; for instance, I have an idea that Zambia belongs to what we call Comesa, and Tanzania and the rest of them have the East African community and so on.

Now in the context of the preferential trade area we were trying to create, can we say as SADC, or can we also say as a country, that there are measures we have put in place so as to make sure that this preferential trade area if it happens to come about - as I hope it will - won’t find itself trapped within some tendencies like repackaging and trading; because as far as I know we do have as a country trade agreement with Zambia as such. But then, with regard to the issue of repackaging, how are we, this time as South Africa, the country, and SADC perhaps on the other hand, dealing with these issues?

The MINISTER OF TRADE AND INDUSTRY: Chair, it is quite true that if you look at SADC there is only one country that does not belong to any other body and that is Mozambique, because five of us belong to Sacu and to SADC; four others belong to SADC and to Comesa, and you also have some that belong to the Central African Organisation, so it is an issue. And it is an issue that we, as I was saying just earlier, have to talk through. We are exploring ways of how we could deepen regional integration, taking into account all of these realities that we have talked about, because we have looked at different options of how we can achieve that objective, bearing in mind and taking into account these realities, that was an option of what exists currently.

As Sacu, we have agreed that on a variable basis those countries that feel ready to join a customs union can do so on a basis that the process will proceed without necessarily forcing everybody who is a member of SADC to be part of a customs union, as long as you will have preferential arrangements that will exist between this emerging customs union and the rest of the region in terms of the free trade agreement. The other option that has also been looked at is the one that says no country can belong to more than one customs union. So in order perhaps to ensure that we deal with those realities of countries that may belong to more than one body, is it possible for us to explore that at a regional level, not as customs unions, but as two regional free trade areas? I am talking about arrangements between the two regions. So I am saying that these are things that we shall have to do, to explore all possible approaches and options to achieve regional integration in a manner that enables us, as much as possible, to preserve the unity of SADC, and collectively work through the issues that currently define our landscape as a region. In the end, I think it would be a uniquely SADC solution that has taken into account these realities to give us the product at the end of the day that will show us the way forward. But indeed the issue of multiple memberships is one of the major challenges of the region. Thank you.

The HOUSE CHAIRPERSON (Mr T S Setona): Hon Minister, I think those were your last questions. I really want to thank you for having made the effort to participate in this question session.

I would like to thank all other Ministers who are here because there is also a serious national issue that is being discussed in the National Assembly, about which all of us are aware, across party-political lines. I therefore want to urge members to take cognisance of that particular reality.

I will then very quickly ask the Minister of Social Development who is standing in for the Minister of Minerals and Energy to deal with Question 69.

    Use of alternative energy sources to assist rural communities

69. Mr D D Gamede asked the Minister of Minerals and Energy:

  Whether her department is looking into assisting communities from deep
  rural areas by providing alternative energy other than electricity,
  such as (a) gas, (b) bio-fuel or (c) solar energy as a free basic
  service; if not, why not; if so, when?

                   C230E

The MINISTER OF SOCIAL DEVELOPMENT: Chair, I thought you would say you are releasing all of us because of the fact that it is an issue also dealt with in the National Assembly.

The HOUSE CHAIRPERSON (Mr T S Setona): I was watching the time, hon Minister.

The MINISTER OF SOCIAL DEVELOPMENT: Chair, when I answered in the manner in which I answered when you asked me whether I am here, it was mostly because I might not be able to answer supplementary questions, but I will only be able to answer what the Minister wrote here. Even that is very long; so, I will do what I can.

The HOUSE CHAIRPERSON (Mr T S Setona): Hon members, I am aware that this question will benefit the House. But, in the light of the constraints that we are facing, can I check with hon Gamede whether he is really persuaded that the Minister should go through that question? I want to be guided by you. The MINISTER OF SOCIAL DEVELOPMENT: Or I could give a written response.

Mr D D GAMEDE: Hon Chair, to be honest, I know that the Minister can answer the question. But just for the sake of progress, the Minister can give us the response because the relevant Minister is not in and we were going to ask follow-up questions.

The HOUSE CHAIRPERSON (Mr T S Setona): Hon Minister, I am informed that you can hand in a written response to that question. So you are excused. Your work for today’s session is over.

The MINISTER OF SOCIAL DEVELOPMENT: Thank you, sir.

                 Upgrading of road to Kgalagadi Park

1. Mr C J van Rooyen asked the Minister of Public Works:

   (a) What progress has been made by her department to upgrade the road to the Kgalagadi Park between Askam and Tweerivieren and (b) when will this Expanded Public Works Programme be completed? C322E

The MINISTER OF PUBLIC WORKS: Hon Chair, I would like to thank you and the members for your understanding. With regard to the question asked by the hon C J van Rooyen regarding the progress on the upgrade of the road to the Kgalagadi Park between Askam and Tweerivieren, I would like to indicate to the House that this is a project which is funded by the provincial department of roads and transport as well as the Department of Environmental Affairs and Tourism.

The issue of interest to us is to ensure that, indeed, in the construction or upgrading of this road, the Expanded Public Works guidelines are integrated, that is, more labour-intensive work opportunities must be created. I could have easily said, “Well the question must be directed to the province.” But, given the interests that we have in this question, I therefore decided that we will answer.

In terms of construction, about 30% of the work has been completed. The details - even though I am not sure whether all of us will be competent to comprehend - are that a total of 17,6 km of the selected layer has been completed; 16 km of 27% of the sub-base layer have been completed; 21% of base course has been completed; and 10,5 km have been completed and sealed. Concerning the other technical answers, I am sure none of us would be competent to understand exactly what those bases are, except the engineers, but they all relate to the construction of the road.

In terms of the timeline, that is when the project will be completed, the business plan by the province and the Department of Environmental Affairs and Tourism is that the project must be completed by June 2007. However, they have indicated that there are certain challenges that they are facing, some of which are part of the tender specifications.

Unfortunately, some of those specifications may not actually be met. Those specifications relate to the capacity within the province and also relates to the supplies that are not available in Kimberley. Supplies have either to be brought in from Gauteng or Bloemfontein. So that might affect the pace of completion by those who are constructing the road.

However, with regard to the Expanded Public Works Programme, there are 230 persons who are working under eight learner contractors and supervisors whom we have trained so that they can get skills in the construction of the roads. The 230 persons are actually currently employed as labourers on that road.

Those who come from Kgalagadi or from North West will appreciate that part of the challenge that we face in that region is the distances between various communities. So, even to get people to work on that road you have to mobilise them from communities that are far afield, away from the road in question. There are unintended costs in keeping some of those people within the vicinity of the construction site as well as costs concerning the distances that they have to travel. So, I want to say to the hon member, indeed, the department of roads and transport in the Northern Cape and the Department of Environmental Affairs and Tourism will do everything possible to ensure that the upgrade of that road is completed within the said deadline. But if it is not met, you would appreciate that there are these challenges that I have already indicated. Thank you very much, hon Chair.

    Measuring the success of the Expanded Public Works Programme

84. Ms J F Terblanche asked the Minister of Public Works:

  Whether she will make a statement on how the success of the Expanded
  Public Works Programme is measured?                           C339E

UNGQONGQOSHE WEZEMISEBENZI YOMPHAKATHI: Sihlalo, ilungu elihloniphekile uTerblanche ufuna ukwazi ukuthi, kulolu hlelo lokwakha imisebenzi olubizwa kuthiwe phecelezi ngesilungu i-Expanded Public Works Programme, ngabe sinayo yini indlela yokubheka kumbe ukukala ukuthi lo msebenzi ngabe wenzeka ngendlela esasiyifuna na.

Ngifuna nje ukuchaza kabanzi ukuthi uhlelo lwezemisebenzi olwasungulwa nguhulumeni mhlawumbe umuntu angasho ukuthi alulusha ceke. Lolu uhlelo olusetshenziswa ngohulumeni mihla namalanga ukwakha amathuba emisebenzi. Okuhlukile kulolu hlelo lwaseNingizimu Afrika ukuthi sibone kubalulekile ukuthi, yize lolu hlelo lwemisebenzi luyinto ekhona, kufanele nokho thina sinezelele igalelo lokuqeqeshwa kwalaba abasebenzayo ngoba siyazi ukuthi lolu hlelo akulona uhlelo olubhekele ukuthi abantu bayoqashwa kuze kube mhlawumbe bathatha umhlalaphansi, kodwa abaningi kubona kusuke kuwukubanika isinkwa okwesikhashana. Ngokubaqeqesheka-ke sisuke sibanika amathuba ukuthi mzukwana beyeka bakwazi ukuthi mhlawumbe bangaziqasha bona ngokwabo noma bangathola ukuqashwa kwezinye izindawo.

Uma ngingenza isibonelo ngalokhu: Uma sibheka lolu hlelo lweZibambele kulaba abavela KwaZulu-Natali, eminingi yale mindeni namhlanje isiyakwazi ukuthi ingazondla nsuku zonke ngoba sebengabantu abangaqashwa uhulumeni ngolwazi abanalo ukuze baqhubeke njalo nokulungisa imigwaqo kulezo zindawo abahlala kuzo. Abaningi kulabo bantu ababeqashiwe ngenkathi mhlawumbe leyo migwaqo isasetshenzwa abaqashwanga, kodwa labo abanye asebesele, asebenolwazi, sebeyathola ukuhlomula ngokuthi uhulumeni abaqashe njalo, babe yizikontileka ezincane zokwenza lo msebenzi. Yingakho-ke ngithi lokho kuwumehluko kithina.

Izinhlelo-ke zokubheka ukuthi ngabe lolu hlelo luhamba ngakho yini, thina siwuhulumeni sazibeka ukuze sibone ukuthi ngabe lo msebenzi uya ngendlela esiyifisayo yini. Kodwa ezinye zezinto esazifaka kwaba ukubheka nokuqinisekeisa ukuthi abesifazane, intsha nabantu abakhubazekile bangakhohleki kule ngxenye yomsebenzi. Sabeka-ke izilinganiso zokuthi okungengani ama-40% abantu abasebenza lo msebenzi wezandla, ikakhulukazi ekwakhiweni kwengqalasizinda, kube ngabomama; ama-30% kube intsha; bese kuthi ama-2% kube abantu abakhubazekile. Asikusho lokhu ngoba sithi abantu abakhubazekile sibabukela phansi, kodwa sithi kwezinye izinhlobo zengqalasizinda kungaba lukhuni, esimweni sokukhubazeka, ukuthi labo bantu bakwazi ukuqasheka ngobuningi babo.

Ezinye-ke zezinto esazenza kwaba ukubheka ukuthi ngabe amathuba emisebenzi ayadaleka yini na kulolu hlelo nokuthi azoba mangaki. Sabheka futhi ukuthi ngabe abantu esibatholayo ukwenza le misebenzi ye-Expanded Public Works Programme ngabe babeke baqashwa yini ngaphambilini, futhi basebenza isikhathi esingakanani. Elinye iphuzu ukuthi, singuhulumeni, hhayi kuphela uMnyango Wezemisebenzi Yomphakathi kodwa Ezokuthutha, Ezezindlu, ezamanzi kanye nabanye abenza umsebenzi wengqalasizinda, ngabe ingakanani imali esiyisebenzisela ukuthi ukwakha kwenziwe ngemishini futhi namathuba omsebenzi avuleke maqondana nokuthi abantu kube yibona abakha leyo ngqalasizinda.

Okunye kwaba ukubheka ukuthi uma kwenziwa le misebenzi, ngabe mangaki amalanga esikwazi ukuthi laba bantu sibaqeqeshe ngawo. Ake ngenze isibonelo: Uma ngabe ukwakha isikole kuzothatha izinyanga eziyisithupha, kulezo zinyanga eziyisithupha mangaki amalanga laba bantu esikwazi ukuthi sibathole sibaqeqeshe ngawo, kanti futhi zingaki izinsuku abazisebenzayo, ngoba siyazi phela ukuthi uma sakha inkontileka, ngenkathi laba abanye bakha, labo abaplastelayo bona basuke besamile? Kuthi-ke uma sekufuneka kuplastelwe kube yilabo abaplastielayo abasebenzayo; uma sekufuneka kufulelwe kwesinye isikhathi kube ngabanye; nomapendane njalo njalo. Akusibo bonke abenza umsebenzi owodwa kuze kube sekupheleni. Yingakho-ke lokhu kubala kusisiza ukuze sibone ukuthi ngempela ngempela uma sithi lolu hlelo lwethu luyawadala amathuba emisebenzi, luyabaqeqesha laba bantu, isikhathi abeqeqeshwa ngaso sona singakanani?

Okunye futhi ukubheka ukuthi, njengalokho sazi ukuthi sihlukene ngokwezinhlanga nokwebala lapha eNingizimu Afrika, bangaki laba bantu esikwazi ukuthi sibathole abenza le misebenzi ngoba lokho kuzosiza ekubhekeni ukuthi yikuphi lapho kufuneka sigcizelele khona, kanye nokubheka ukuthi inani abalizuzayo lingakanani ukuze bakwazi ukuxosha indlala uma kuphela inyanga noma isonto, kuye ngokuthi leyo kontileka isebenza kanjani nokuthi imali ingakanani.

Sizokwenza-ke lokhu siqhubeka ukuze sibone ukuthi ngabe ngempela siyazama yini ukuthi sixoshe ikati eziko, abantu babe nendlela yokuthola umsebenzana okwesikhashana, bakwazi futhi ukuthi mhlawumbe bawuthole njalo nje umsebenzi ngokuqhubeka kwesikhathi nokuvuleka kwamathuba emsebenzini. Bengithi-ke angimphendule ngaleyo ndlela umhlonishwa uTerblanche ngombuzo awubuzile. Ngiyabonga. . (Translation of isiZulu paragraphs follows.)

[The MINISTER OF PUBLIC WORKS: Chairperson, the hon member Terblanche wants to know if we have a way to measure whether the Extended Public Works Programme still runs the way we wanted it to run.

I just wish to explain broadly that this Extended Public Works Programme which was started by government is not necessarily new. This is the programme used daily by the progressive governments to create job opportunities. What is different in this South African version of this programme is that we saw it as important, whilst this programme is still running, to add our programme of training for those who are already working because we know that this programme is not for permanent employment, but it is just for putting bread on the people’s tables for the time being. Our intention for training these people is that when their contracts are up, they may be able to find employment elsewhere or even be self-employed.

If I can give a practical example here about the programme called Zibambele from KwaZulu-Natal. Many people, who took part in this programme, can now support themselves because they are now eligible for employment by the government because of the skills they acquired. And they can continue renovating the roads in places where they leave. We understand that many of these people are now unemployed, but with the skills that they now have, they can now be hired as subcontractors by the government. It is for these reasons therefore that we say this does make a difference to us. We as government also put programmes in place to make sure that this programme runs smoothly, as we want it to. And some of the things we put in place were making sure that women and the youth as well as people with disabilities are also not forgotten in this kind of employment. We said at least 40% of people doing this job especially in the infrastructure should be women, and 30% should be youth whilst 2% should be people with disabilities. We do not say this because we undermine people with disabilities, but we understand that in certain parts of infrastructure building, it could be difficult for people with disabilities to be employed in their numbers.

The other thing that we did was to calculate how many work opportunities were to be created by this programme. We also checked as to whether the people we were getting to do the Extended Public Works Programmes had been previously employed, and the timeframe in which they worked with their previous employers, if they had been employed. The other point here is that as government - not only as the departments of Public Works, Transport, Housing, Water Affairs and Forestry and other departments that deal with the infrastructure- we sit down and look how much money do we use for these things to be done by the machinery as compared to the work done by the people themselves and the number of job opportunities created.

The other point that we looked at was the number of days that we employ these people to do this kind of job for us. Let me give an example here: If building a school, for instance, would take at least six months, in that span of six months, how many days does it take us to get those people and train them. The other thing is the number of days those people are going to work for because we all know that in a construction industry when the other people are still busy building, those who have to do plastering would be eagerly waiting on the sidelines. When the time for plastering comes, those who are good at plastering get a chance to do something and it is also the same thing with roofing. The same thing also applies to painting, etc. It is not as if it is only one group of people that does everything from start to finish. That is why this counting helps us a lot because if we say this programme does create job opportunities and it trains people we are at least in a position to say what length of time it takes us to train these people.

The other thing with this programme is also to look at the total number of people we help. It is a known fact that here in South Africa we have different racial groups and therefore different ethnicities. This helps us to know where we still need to put in more effort, and also to make sure that whatever these people get, is at least enough to eradicate poverty either on weekends or month ends depending on how that contract works and also the payment these people receive. We will continuously do this so that when we look back we can reflect and see if we are really eradicating poverty, with people at least getting temporary jobs which may in the end lead to permanent ones as time goes on. Well, that is the way I felt I should answer the question asked by the hon Terblanche. I thank you.]

Ms J F TERBLANCHE: Chairperson, I am not going to ask a question, but I would just like to request a copy of the answer from the Minister, please.

           Rebuilding of road, and situation of toll gates

1. Mr A Watson asked the Minister of Transport:

   With reference to his reply to Question 43 for oral reply on 5 September 2006 with regard to toll roads in Mpumalanga, (a) when will the envisaged rebuilding of the N17 between Springs in Gauteng and Ermelo in Mpumalanga, and from Ermelo to the Oshoek border post be completed, (b) where will the toll gates be situated and (c) what will the toll fees at each toll gate amount to? C337E

The MINISTER OF SCIENCE AND TECHNOLOGY (on behalf of the Minister of Transport): Chairperson, in fact, I’m in exactly the same position as Minister Skweyiya in the sense that I’m acting on behalf of the Minister of Transport. I’ve got a written reply here, but I may not be in the position he would have been to entertain follow-up questions. With that said, the procedure would be the same in that I ask permission to table the reply. Will that be your ruling, Chair?

The HOUSE CHAIRPERSON (Mr T S Setona): I think I’m tempted, hon members, to make a similar ruling, and really plead with members that the question will be referred to the member who asked it. Those members who are interested in the reply can actually refer to Hansard for further perusal of the response. I don’t think I would be fair to you, hon Mangena, in the light of some of the constraints, if I ruled otherwise. So, you are permitted to leave the question without responding.

The MINISTER OF SCIENCE AND TECHNOLOGY: Thank you, sir. I assume you are Nguni-speaking, Chair?

The HOUSE CHAIRPERSON (Setona): No, I’m a Sotho.

The MINISTER OF SCIENCE AND TECHNOLOGY: Yes, then, perhaps if we were not in the House, I would strangle you because my name is pronounced ``Mangena’’, sir! [Laughter.]

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

The MINISTER OF SCIENCE AND TECHNOLOGY: Mangena!

The HOUSE CHAIRPERSON (Mr T S Setona): Oh, sorry, I didn’t know that! [Laughter.]

The MINISTER OF SCIENCE AND TECHNOLOGY: But I thank you for your ruling. I’ll table the reply.

The HOUSE CHAIRPERSON (Mr T S Setona): Thanks very much.

          Steps to curb high rate of illegal farm evictions

1. Mr C J van Rooyen asked the Minister for Agriculture and Land Affairs:

   Whether she will criminalise illegal farm evictions in order to curb the high rate of these evictions; if not, why not; if so, what are the relevant details? C290E

The DEPUTY MINISTER FOR AGRICULTURE AND LAND AFFAIRS: Chairperson, through you, I’d like to say the hon Van Rooyen is still the old activist comrade. I know and I’m very glad about that, thank you very much.

Let me just give you the formal answer to this question. The first part of the question asks whether we will criminalise illegal farm evictions. The answer to that is that an illegal eviction is already a criminal offence in terms of section 23(3) of the Extension of Security of Tenure Act of 1997, Act 62 of 1997.

An HON MEMBER: The Esta.

The DEPUTY MINISTER FOR AGRICULTURE AND LAND AFFAIRS: Yes, the Esta. It’s written there.

But you know, there was a time when adultery was a crime, more than 100 years ago, and it was decided that it shouldn’t be in force anymore. Perhaps we should bring it back, but I don’t know whether it would stop adultery. [Laughter.]

Could I say, with respect, I’ll give the third part of the answer as well. Actually, the second part of the question technically falls away. Perhaps it’s not whether there is a crime and whether it’s criminalised. Perhaps one should ask whether it’s effectively criminalised, which is a long story.

Let me just answer the third part of the question. The Department of Land Affairs is now reviewing all land reform legislation. It’s a huge task and a very difficult one as well, I must say. Could I just comment that, especially with this reported high rate of evictions, we - that means the Ministry - have now impressed on the department the utmost sense of urgency, especially with regard to attaining the objectives of the Esta legislation. Regarding the high rate of evictions, I will just say it’s of grave concern.

The current effort the Department of Land Affairs is making is to look at what the real challenges are with regard to strengthening existing legislation. We can make many activities crimes, but it needs whole systems to make criminalisation effective. It’s policing. In this case the police have a huge load on them. It’s the magistrates. The law already says there must be alternative accommodation.

There is automatic review, which is a very difficult thing that we created by amending the legislation previously, but the effectiveness of the support systems is lacking, because, you know, people can be evicted if you just want to talk about being evicted. We’re worried about the result that is being obtained at the moment, and this review is being done to identify all the challenges in order to strengthen the existing mechanisms for, especially, monitoring compliance and the system in this regard, and the enforcement of legislation. That is what we must work on and it’s being done.

The department and this Ministry, of which I am a small part, are committed to ensuring compliance with the obligations in the Constitution, also. You should go and read it with section 25 of the Constitution, the one about property, but especially with subsections (6) and (9) of the property clause, which actually says that we must – it’s in the Bill of Rights! – ensure security for occupiers by affording them comprehensive protection if they reside on land.

If the results – really, this review must be hurried up, especially that of the Esta and related Land Tenure Act and others as well – of the legal protection are inadequate we will come to Parliament to see if we have suggestions to strengthen the legislation so that we can get better practical compliance. Thank you, sir.

    Claim for farms submitted by Bahurutshe Land Claims Committee

1. Mr A J L Moseki asked the Minister for Agriculture and Land Affairs:

   Whether the claim for farms that was submitted by the Bahurutshe Land Claims Committee on 15 December 1998 before the cut-off date has been attended to; if not, why not; if so, what progress has been made? C343E

The DEPUTY MINISTER FOR AGRICULTURE AND LAND AFFAIRS: Thank you very much, Chair. Hon Moseki, could I just say that it’s a pity the Minister of Science and Technology is not here. We have difficulty these days to pronounce and spell names correctly. Bohurutshe in the question is not pronounced as Bohuruche. Yes, I can answer that progress has been made. The claim was actually lodged by Kgosi Godfrey Moilwa of Bahurutshe bagaMoilwa traditional community. It is a big claim of 47 farms around Groot Marico, Zeerust. I passed it on my way to the PEC meeting this weekend.

Evaluation was done for a farm called Willow Park 41 JO portion 2 and a section 42D submission has been forwarded to the Chief Land Claims Commissioner. There are still notices for farms - it is a very complicated and big claim - Seekoei Valley, Weltevrede, Jagersfontein, Klippan, Sondagspan and Ottoshoop are currently being prepared. We are finding that some landowners are heavily disputing the land claims in this area. The practical problem is to arrange site inspections, because all these sites have to be inspected and there are graveyards and other remains that have to be looked at and be identified.

Basically, the problem is that our traditional communities didn’t live on surveyed and registered land and therefore it is very difficult to assist the areas. These days, everything is measured out and you must decide that this farm and that farm are included, but there are negotiations going on.

There is, for example, the Groot Marico Land Forum, which is under Agri North West, and consists of mostly reasonable people. The commission, at least, foresees that some cases will have to be referred to the Land Claims Court in cases where the validity is contested. However, negotiations are going on and this is a huge claim and it will eventually benefit about 14 000 households. I have seen one such a claim in the Limpopo and Mpumalanga areas. It included fifty farms. It was in ten thick files, like these ring files. It stood so high. That was one claim covering many farms. It is a huge work and I am sure that the commission is doing its best.

The HOUSE CHAIRPERSON (Mr T S Setona): I am not sure whether there will be a need for a follow-up question. You seem to be more relaxed than all other Ministers and Deputy Ministers who belong to the other House. Is there any follow-up question?

Rev P MOATSHE: Chairperson and hon members, the land claims seem to be going at a very slow pace. Is it because many claimants are disputing or they encounter people who are disputing their claims? As a result it is dragging on. Would the Deputy Minister say most of the cases would ultimately end in a Land Claims Court? If not, at what speed are we moving at this point in time to have land delivered to the rightful owners?

The CHIEF WHIP OF THE COUNCIL: Chairperson, with due respect, the follow-up question would be relevant if it is related to the question on the question paper. The way I understood it - I don’t know, it may be that the sound system is not good - he was asking a cross-cutting question, which is very important that the Ministry must respond to. My understanding is that our follow-up question should be specifically related to this, but I will leave it up to you and the Ministry to respond to this.

The HOUSE CHAIRPERSON (Mr T S Setona): Hon Chief Whip, I don’t have a problem if the Deputy Minister wants to respond, but my reading is that it is generic. The initial principal question was very, very focused. It was referring to a particular community under specific circumstances and history, but if the Deputy Minister wants to respond to the question, general as it is, you are at liberty.

The DEPUTY MINISTER FOR AGRICULTURE AND LAND AFFAIRS: I will not give a full response, but out of the respect that I have had for the Reverend, for many years, I will just tell him that we can give the facts and we can come to the select committee and give all the numbers. My impression is that it is surely going better at the moment. It is speeding up. There is delivery, though it is still not fast enough. I have been visiting some of these provincial offices. There is great urgency. Some people almost work themselves to death, but it is getting better. We can talk, but the facts must be given to the select committee. Thank you.

See also QUESTIONS AND REPLIES.

The Council adjourned at 15:55. ____ ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

                      MONDAY, 13 NOVEMBER 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) South African Airways Bill [B 35 – 2006] (National Assembly –
         proposed sec 75) [Explanatory summary of Bill and prior notice
         of its introduction published in Government Gazette No 29359 of
         3 November 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 of Finance

This tabling replaces item 1 under “Tablings” on page 2558 of the
Announcements, Tablings and Committee Reports of 9 November 2006:

 a) Agreement between the Government of the Republic of South Africa
    and the Government of the Islamic Republic of Iran regarding Mutual
    Assistance between their Customs Administrations, tabled in terms
    of section 231(3) of the Constitution, 1996.

 b) Explanatory Memorandum to the Agreement between the Government of
    the Republic of South Africa and the Government of the Islamic
    Republic of Iran regarding Mutual Assistance between their Customs
    Administrations.


 c) Agreement between the Government of the Republic of South Africa
    and the Government of the Democratic Republic of Congo regarding
    Mutual Assistance between their Customs Administrations, tabled in
    terms of section 231(3) of the Constitution, 1996.


 d) Explanatory Memorandum to the Agreement between the Government of
    the Republic of South Africa and the Government of the Democratic
    Republic of Congo regarding Mutual Assistance between their Customs
    Administrations.

1. The Minister of Trade and Industry

 a) Report of the National Industrial Participation Programme for 2005-
    2006.

1. The Minister of Water Affairs and Forestry

 a) Report and Financial Statements of Umgeni Water for the year ended
    30 June 2006, including the Report of the Independent Auditors on
    the Financial Statements for the year ended 30 June 2006.

 b) Report and Financial Statements of Albany Coast Water for the year
    ended 30 June 2006, including the Report of the Independent
    Auditors on the Financial Statements for the year ended 30 June
    2006.

COMMITTEE REPORTS

1. Report of the Joint Standing Committee on Defence on Employment of SANDF to the Kingdom of Lesotho, dated 3 November 2006:

 The Joint Standing Committee on Defence, having considered the letter
 from the President on the employment of the South African National
 Defence Force (SANDF) to the Kingdom of Lesotho, referred to the
 Committee, reports that it has concluded its deliberations thereon.

1. Report of the Joint Constitutional Review Committee on Annual Constitutional Review Report 2006, dated 13 November 2006: ANNUAL CONSTITUTIONAL REVIEW REPORT 2006 COMMITTEE: JOINT CONSTITUTIONAL REVIEW CHAIRPERSON: DR E A SCHOEMAN

Section 45(1) (c) of the Constitution provides that the Joint Constitutional Review Committee (the Committee) must review the Constitution at least once annually.

In giving effect to section 45(1) (c), the Committee placed several adverts in the media on 1 May 2006 which invited members of the public to make submissions that propose amendments to the Constitution. This year the Committee specifically encouraged the public to make submissions on the equality clause and on Chapter 9 State Institutions Supporting Constitutional Democracy.

In total, 11 submissions were received from the public.

The Committee also received a submission from the National Assembly Rules Committee as well as the Free State Legislature.

The Committee requested the Parliamentary Legal Services Office to consider the various submissions that proposed amendments to the Constitution in the light of current constitutional jurisprudence.

Hereunder are brief summaries of the submissions received and the Committee’s views and recommendations thereon.

A: REFERRAL FROM THE NATIONAL ASSEMBLY RULES COMMITTEE - THE LEADER OF THE OPPOSITION AS CONTAINED IN 57(2)(D) OF THE CONSTITUTION The National Assembly Rules Committee requested the Committee to consider the appropriateness of “the recognition of the leader of the largest opposition party in the Assembly as the Leader of the Opposition” as contained in section 57(2) (d) of the Constitution.

Recommendation

The committee deliberated this matter extensively and has communicated its decision to the National Assembly Rules Committee for further consideration.

B: REFERRAL FROM THE FREE STATE LEGISLATURE - SECTION 105(2) OF THE CONSTITUTION RELATING TO THE NUMBER OF SEATS IN A PROVINCIAL LEGISLATURE

The Free State Legislature submitted that section 105(2) of the Constitution be amended so as to increase the size of the respective legislatures to inter alia allow them to conduct more efficient oversight and ensure public participation.

Recommendation The Committee has written to all provincial legislatures inviting them to a meeting to be convened in the first term of 2007 to hear their views on the matter.

C: SUBMISSIONS FROM MEMBERS OF THE PUBLIC

1: SUBMISSIONS ON THE EQUALITY SECTION

1.1 Section 9(2)

It was submitted that whereas section 9(2) of the Constitution provides that equality requires that legislative and other measures must be taken to protect or advance persons or categories of persons disadvantaged by unfair discrimination, there are still inequalities in the provision of educational services between the Provinces as equality in education has not been progressively and equally achieved across all provinces.

The Committee was of the view that the petitioner did not propose an amendment to the Constitution but was instead of the view that there was an infringement of the right to education (as contained in section 29) read together with the right to equality and as such the remedy in this instance is judicial rather than a constitutional amendment.

Recommendation The Committee was of the view that the petitioner did not propose an amendment to the Constitution.

1.2 Section 9(4)

It was submitted that section 9(4) of the Constitution be amended whereas section 9(4) stipulates that no person may unfairly discriminate directly or indirectly against anyone and that national legislation must be enacted to prevent or prohibit unfair discrimination, “it does not create an obligation on provinces to enact legislation that prevents or prohibits unfair discrimination”.

The Committee noted that in terms of item 23(1) of Schedule 6 to the Constitution, the national legislation envisaged in section 9(4) had to be enacted within 3 years of the date on which the final Constitution took effect and that Parliament, in accordance with section 9(4) has already enacted the Prevention of Unfair Discrimination Act of 2000 (PEPUDA).

Furthermore, the Committee was also of the view that the legislation referred to in section 9(4) is an area of exclusive national legislative competence as it is not listed in Schedule 4 to the Constitution as an area of concurrent national and provincial legislative competence, nor is it an area of exclusive provincial legislative competence in terms of Schedule 5.

Recommendation

The Committee does not recommend that section 9(4) of the Constitution be amended as the legislation envisaged in section 9(4) has already been enacted and its scope falls within an area of exclusive national legislative competence.

1.3 Section 9

It was submitted that section 9 of the Constitution be amended as “it is unfair to declare some forms of discrimination as fair”.

The Committee noted that the Constitution was based on the achievement of substantive equality and noted that cases such as Brink v Kitshoff NO 1996(6) BCLR 752 (CC), emphasized that given the past patterns of discrimination, the Constitution prescribes that remedial action must be taken to achieve substantive equality.

Recommendation The Committee does not recommend that section 9 of the Constitution be amended so as remove provisions which allowed for “fair discrimination” as to do so would prevent any remedial or restitutionary measures to be taken to address past patterns of discrimination.

1.4 Section 214(2)

It was submitted that section 214(2) of the Constitution be amended and linked to the equality section to ensure that that the determination of each province’s equitable share of the budget must be linked to the equality provision to prevent unequal service delivery in the provinces.

The Committee noted that section 214 of the Constitution stipulates that an Act of Parliament must provide for the equitable division of revenue raised nationally among the national, provincial and local spheres of government, the determination of each province’s equitable share of the provincial share of that revenue, and any other allocations to provinces, local government or municipalities from the national government’s share of that revenue, and any conditions on which those allocations may be made.

The Committee was of the view that the Constitution currently sketches the broad outlines of the complex intergovernmental fiscal system which the three distinct but inter-related spheres of government must adhere to. At the same time the Constitution also contains an extensive Bill of Rights which includes social and economic rights and in terms of which the intergovernmental fiscal system must ensure cooperative service delivery. Furthermore, the Constitution is founded on human dignity, the achievement of equality and the advancement of human rights and freedoms and the state must respect, protect promote and fulfill the rights in the Bill of Rights (section 1(a) and section 7). Thus notwithstanding that an order of court will have fiscal or intergovernmental implications, where rights contained in the Bill of Rights are infringed, the Committee noted that the Constitution permits a court to order an appropriate remedy.

Recommendation

The Committee does not recommend the amendment of section 214(2) as such an amendment is superfluous.

1.5 Section 100

It was submitted that in the light of the unequal provision of services between the provinces, that section 100(1) of the Constitution be amended to ensure that where a province cannot or does not fulfill an executive obligation in terms of the Constitution or legislation, the national executive must intervene to ensure equality.

The Committee noted that the proposed amendment would impact upon the current system of co-operative government as provided for in terms of Chapter 3 of the Constitution which recognises that government is constituted as national, provincial and local spheres that that such spheres are distinctive, interdependent and interrelated. The Committee was of the view that section 100 is an exceptional measure and that the right to intervene is inter alia subject to the provisions of 41(1)(e), (f) and (g) which require all levels of government to respect the constitutional status, institutions, powers and functions of government in the other spheres, not assume any power or function except those conferred on them in terms of the Constitution and to exercise their powers and functions in a manner that does not encroach on the geographical, functional or institutional integrity of government in another sphere.

Recommendation

The Committee does not support the proposed amendment to section 100(1) as it would significantly alter the system of co-portative government and the independence of provincial spheres of government as it currently exists.

1.6 Schedule 4 of the Constitution

It was submitted that Schedule 4 to the Constitution “be amended so as to provide a legal space for intervention by national departments with clear warnings to provinces on areas where their competence may be “temporarily revoked” so as to ensure equality in the provinces.

The Committee noted that Schedule 4 lists areas of concurrent national and provincial legislative authority and does not pertain to interventions. Furthermore, as section 100 already provides for interventions, such an amendment will be superfluous.

Recommendation

The Committee does not support the proposed amendment to Schedule 4 to the Constitution as section 100 already provides for interventions.

1. SUBMISSIONS ON CHAPTER 9: STATE INSTITUTIONS SUPPORTING CONSTITUTIONAL DEMOCRACY (CHAPTER 9 INSTITUTIONS)

2.1 GENERAL SUBMISSIONS ON CHAPTER 9 INSTITUTIONS 2.1.1 Submission on the number of commissioners appointed to Chapter 9 Institutions

It was submitted that the Constitution be amended as there are too many Commissioners appointed to each of the Chapter 9 Commissions.

The Committee noted that the Constitution does not specify the number of Commissioners that must be appointed to each Commission as the composition of each Commission is governed by the relevant national legislation.

Recommendation

The Committee does not recommend that the Constitution be amended so as to limit the number of commissioners appointed to each commission as these numbers are already defined in national legislation.

The Committee was of the view that the submission be sent to the ad hoc Committee on the Review of State Institutions Supporting Constitutional Democracy for further consideration.

Furthermore as the matter pertained to national legislation the Committee was also of the view that the submission be referred to the Portfolio Committee on Justice and Constitutional Development.

2.1.2 Submission on the qualification and performance of Commissioners

It was submitted that the Constitution be amended to define the requirements and qualifications of Commissioners and yardsticks with which to measure their performance. The Committee noted that section 193 of the Constitution currently requires that the Public Protector, the Auditor-General and the members of any Commission established in terms of Chapter 9 must inter alia be “fit and proper persons to hold the particular office” and must comply with any other requirements prescribed by national legislation. Furthermore, section 194 provides that Commissioners may only be removed from office on the grounds of misconduct, incompetence or incapacity, on a finding to that effect by committee of the National Assembly and the adoption of an Assembly resolution calling for that person’s removal. The Committee noted that these measures were designed to protect the independence of commissioners and the Chapter 9 Institutions.

Recommendation

The Committee does not recommend that the Constitution be amended as it currently defines the requirements and qualifications of Commissioners as well as the grounds for their removal should they not perform their functions.

The Committee was also of the view that the submission be sent to the ad hoc Committee on the Review of State Institutions Supporting Constitutional Democracy to consider.

2.1.3 Merging Chapter 9 Institutions under a national government department to make them more accountable

It was submitted the Constitution be amended to make Chapter 9 Institutions more accountable by merging them and placing them under a national government department.

The Committee noted that section 181(1) and (2) of the Constitution provides that the institutions listed in Chapter 9 of the Constitution “strengthen constitutional democracy” and that these institutions “are independent, and subject only to the Constitution and the law, and they must be impartial and exercise their powers and perform their functions without fear, favour or prejudice”. Furthermore while section 181(3) provides that other organs of state, through legislative and other measures, must assist and protect these institutions to ensure the independence, impartiality, dignity and effectiveness of these institutions, section 181(4) provides that no person or organ of state may interfere with the functioning of these institutions.

The Committee was of the view that the independence of Chapter 9 were essential so that they could fulfill their roles as Institutions Supporting Constitutional Democracy.

Recommendation

The Committee does not recommend that the Constitution be amended so as to place Chapter 9 Institutions under the control of a government department as this would significantly diminish their independence, impartiality and effectiveness as currently provided for in the Constitution.

The Committee was of the view that the submission be sent to the ad hoc Committee on the Review of State Institutions Supporting Constitutional Democracy for further consideration.

2.1.4 Section 193(4) - selection of Commissioners and members of Chapter 9 Institutions

It was submitted that section 193 of the Constitution be amended to provide that instead of Parliament short-listing, interviewing and nominating members of Chapter 9 Institutions, that an external panel or independent committee similar to the Judicial Services Commission be constituted to deal with the selection of all members.

The Committee noted that currently the appointment provisions in section 193 gives effect to section 181(2) which provides that the Chapter 9 Institutions are independent, subject only to the Constitution and the law, and “must be impartial, and must exercise their powers and perform their functions without fear, favour or prejudice”. The Committee was also of the view that it was a matter of policy whether members are appointed by an external panel or independent committee similar to the Judicial Services Commission or in terms of section 193, provided that they are appointed in a manner consistent with section 181.

Recommendations:

The Committee decided to refer the above submission to the ad hoc Committee on the Review of State Institutions Supporting Constitutional Democracy for further consideration.

2.1.5 Chapter 9 Institutions need to be more accessible to the public, especially the uneducated and the poor

It was submitted that the Constitution be amended to ensure that Chapter 9 Institutions are more accessible to the public, especially the uneducated and the poor.

The Committee noted that whereas section 182(4) of the Constitution provides that the Public Protector “must be accessible to all persons and communities there are no specific provisions that require other Chapter 9 Institutions to be accessible to the public, especially those sectors that remain marginalized.

Recommendation

The Committee was of the view that while there was merit in the submission, it could be more comprehensively dealt with by the ad hoc committee on the Review of State Institutions Supporting Constitutional Democracy.

2.1.6 Members of Chapter 9 Institutions be appointed purely on merit

It was submitted that irrespective of any other criterion, that members of Chapter 9 Institutions must be appointed “purely on the basis of merit”.

The Committee noted that section 193 of the Constitution stipulates that the Public Protector, the Auditor-General and the members of any Commission established in terms of Chapter 9 must inter alia be “fit and proper persons to hold the particular office” and must comply with any other additional requirements prescribed by national legislation. In addition, section 193(3) provides that the Auditor-General must have specialized knowledge of, or experience in auditing, state finances and public administration.

The Committee also noted that section 193(2) also requires that the members of Chapter 9 Commissions must broadly reflect the race and gender composition of South Africa. The Committee was of the view that while it is a matter of policy whether or not to amend the above provision, it was necessary that the Commissions broadly reflect the race and gender composition of South Africa as this is essential to ensure that they have legitimacy in the community at large.

Recommendation

The Committee does not recommend that the Constitution be amended in the manner suggested as it is of the view that the Constitution and national legislation adequately provided for the appointment of appropriately skilled and suitable commissioners.

2.1.7 Measures to ensure the impartiality of Chapter 9 Institutions need to be included in the Constitution

It was submitted that the Constitution be amended so as to provide for the impartiality of Chapter 9 Institutions.

The Committee noted that section 181(1) and (2) of the Constitution provides that the institutions listed in Chapter 9 of the Constitution “strengthen constitutional democracy” and that these institutions “are independent, and subject only to the Constitution and the law, and they must be impartial and exercise their powers and perform their functions without fear, favour or prejudice”. Furthermore that the independence of these institutions are additionally strengthened and protected by section 181(3), which provides that other organs of state, through legislative and other measures, must assist and protect these institutions to ensure the independence, impartiality, dignity and effectiveness of these institutions. Furthermore section 181(4) provides that no person or organ of state may interfere with the functioning of these institutions.

Recommendation

The Committee does not support the proposed amendment as it was of the view that the Constitution adequately provides for the impartiality of the Chapter 9 Institutions.

2.1.8 The public needs to be informed on an ongoing basis about Chapter 9 Institutions, their functions and how to contact them

It was submitted that the Constitution be amended to stipulate that “the public needs to be informed on an ongoing basis about Chapter 9 Institutions, their functions and how to contact them”.

The Committee was of the view that such detail is usually not included in the Constitution itself, but rather in legislation or policy documents.

Recommendation

The Committee did not support the proposed amendment as it was of the view that such detail should not be included in the Constitution.

The Committee recommended that the matter be referred to the ad hoc committee on the Review of State Institutions Supporting Constitutional Democracy for further consideration.

2.2 SPECIFIC RECOMMENDATIONS ON CHAPTER 9 INSTITUTIONS

2.2.1 SUBMISSIONS ON THE COMMISSION ON GENDER EQUALITY 2.2.1.1 Section 187(2) - empowering the Commission on Gender Equality to ensure appropriate redress where gender discrimination occurred

It was submitted that section 187(2) of the Constitution be amended to empower the Commission on Gender Equality (CGE) to take steps to secure appropriate redress in cases of gender discrimination in a similar manner that section 184(2)(b) empowers the South African Human Rights Commission (SAHRC) to take steps to secure appropriate redress where human rights have been violated.

The Committee noted that any unfair discrimination on the basis of gender would also constitute a human rights violation and as such the SAHRC would have the requisite jurisdiction to seek appropriate redress on behalf of a complainant.

Recommendation

The Committee does not recommend that the Constitution be amended to provide that the (CGE) with the power to take steps to secure appropriate redress in cases of gender discrimination as the SAHRC already has the power to take such steps where human rights have been violated.

2.2.2 SUBMISSIONS ON THE PUBLIC PROTECTOR

2.2.2.1 Section 182 to be amended to allow the Public Protector to investigate violations in the private sector

It was submitted that section 182 of the Constitution be amended so as to enable the Public Protector to investigate “people and violations committed in the private sector”. The Committee noted that the Public Protector is by definition a high level official whose function is to strengthen and support constitutional democracy and not to adjudicate or investigate violations of the rights of the general public in all matters.

Recommendation

The Committee does not recommend that the Constitution be amended to expand the functions of the Public Protector to generally investigate violations committed in the private sector.

2.2.2.2 Term of office of the Public Protector be reduced to five years

It was submitted that the term of the Public Protector be reduced from seven years to five years to reduce the possibility of the abuse of power by the Public Protector

The Committee noted that that in Ex parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa, 1996 (10) BCLR 1253 (CC), the Constitutional Court did not regard the seven year term of the Public Protector as problematic. Furthermore the Committee was of the view that given that the Public Protector only served 1 term it did not regard the seven year term as problematic

Recommendation

The Committee does not recommend that the Constitution be amended to reduce the term of the Public Protector to five years as the seven year term is reasonable.

2.2.2.3 The Public Protector be empowered to review court decisions

It was submitted that the powers of the Public Protector be extended to enable the Public Protector to review court decisions

The Committee noted that section 182(3) stipulates that the Public Protector may not investigate court decisions and that this provision was consistent with section 165 of the Constitution which vests the judicial authority of the Republic in the courts and provides that the courts are independent, subject only to the Constitution and the law, which they must apply impartially without fear, favour or prejudice. Furthermore, the Committee also noted that section 165(3) stipulates that no person or organ of state may interfere with the functioning of the courts.

Recommendation

The Committee does not recommend that the Constitution be amended to enable the Public Protector to review decisions of the courts as this would conflict with section 165 and it would have a major impact on the impartiality of the courts and the separation of powers implied in our Constitution.

2.2.2.4 The Public Protector must report to Parliament regularly and make recommendations

It was submitted that the Constitution be amended so as to provide that the Public Protector “report to Parliament regularly and make recommendations” on his or her findings.

The Committee noted that section 182(5) provides that all Chapter 9 Institutions are accountable to the National Assembly and must report on their activities and the performance of their functions to the Assembly at least once a year. Section 182 also provides that the Public Protector has the power to investigate any conduct in state affairs that is alleged or suspected to be improper or to result in any impropriety or prejudice, to report on that conduct and to take appropriate remedial action.

The Committee was of the view that while the Constitution does not specify the remedial action that must be taken, section 6(4)(c) of the Public Protector Act inter alia provides that at a time prior to, during or after an investigation, if the Public Protector is of the opinion that the facts disclose the commission of an offence by any person, he or she may bring the matter to the notice of the authority charged with prosecutions. Furthermore he or she may make an appropriate recommendation regarding the redress of the prejudice resulting therefrom or make any other appropriate recommendation he or she deems expedient to the affected public body or authority.

Recommendation

The Committee does not support the proposed amendment to the Constitution as it is of the view that the suggested amendment will not confer any additional benefits or protection nor will it enhance the functioning of the Public Protector.

2.2.2.5 The Public Protector must devise mechanisms to shorten legal processes

It was submitted that the Constitution be amended so as to ensure that the Public Protector “must devise mechanisms to shorten legal processes”.

The Committee noted that while section 182(3) does not permit the Public Protector to investigate court decisions, the Public Protector may investigate complaints relating to delays in judicial decision-making.

Recommendation

The Committee does not support the proposed amendment to the Constitution as it was of the view that the role of the Public Protector is to investigate conduct in state affairs or in the public administration in any sphere of government that is alleged or suspected to be improper to result in any impropriety or prejudice and not to regulate judicial processes.

2.2.3 SUBMISSIONS ON THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION (SAHRC)

2.2.3.1 Expanding the powers of the SAHRC to enter any institution and peruse all documents in so far as human rights are concerned

It was submitted that the SAHRC be empowered to enter any institution to peruse all documents, including the policies of the institution in so far as human rights are concerned.

The Committee noted that section 184(2) of the Constitution currently provides that the Commission has the powers, as regulated by national legislation, necessary to perform its functions, including the power to investigate and report on the observance of human rights, take steps to secure appropriate redress where human rights have been violated and to educate the public on human rights issues.

Recommendation

The Committee does not support the proposed amendment of the Constitution as national legislation already empowers the SAHRC and as such there was no need to amend the Constitution in the manner suggested.

The Committee was however also of the view that the matter be referred to the Portfolio Committee on Justice and Constitutional Development and the ad hoc Committee on the Review of State Institutions Supporting Constitutional Democracy for further consideration.

2.2.3.2 The SAHRC must report regularly to Parliament with regard to progress in providing basic services such as health, housing, water and sanitation

It was submitted that the Constitution be amended so as to require the SAHRC to report regularly to Parliament with regard to progress in providing basic services such as health, housing, water and sanitation.

The Committee noted that section 184(3) currently provides that each year the SAHRC must require relevant organs of state to provide it with information on the measures they have taken towards the realization of the rights in the Bill of Rights concerning housing, health care, food, water, social security, education and the environment. In addition, section 181(5) stipulates that the SAHRC is accountable to the National Assembly and must report on their activities and the performance of their functions to the Assembly at least once a year.

Recommendation The Committee was of the view whether or not the SAHRC be required to report to Parliament on the measures taken in respect of housing and sanitation as a matter of policy.

The Committee recommends that the matter be referred to the ad hoc committee on the Review of State Institutions Supporting Constitutional Democracy.

2.2.3.3 The SAHRC to promote respect for all peoples regardless of their religious conviction or their lack thereof

It was submitted that the Constitution be amended to require the SAHRC to promote respect for all peoples regardless of their religious conviction or their lack thereof.

The Committee noted that section 184(1) of the Constitution, inter alia, stipulates that the SAHRC must promote respect for human rights and a culture of human rights as well as promote the protection, development and attainment of human rights. The Committee was of the view that this would include the promotion of the rights contained in section 15(1) which provides that everyone has the right to freedom of conscience, religion, thought, belief and opinion.

Recommendation

The Committee does not support the proposed amendment to the Constitution as it is of the view that the Constitution already provides that the SAHRC must promote the rights contained in the Bill of Rights and that there is thus no need to specifically promote the rights contained in section 15.

2.2.3.4 Prisoners should loose their right to vote

It was submitted that the Constitution be amended to provide that the SAHRC must ensure that prisoners must loose their right to vote.

The Committee was of the view that the rights of prisoners to vote are unrelated to the functioning of the SAHRC except in so far as a prisoner who is not allowed to vote may lodge a complaint with the SAHRC.

The Committee noted that the issue of prisoners’ rights to vote was before the Constitutional Court in August and Another v Electoral Commission and Others 1999 (3) SA 1 (CC), and Minister of Home Affairs v NICRO and Others 2004 (5) BCLR 445 (CC). In the latter case it was noted that given the history of disenfranchisement in South African, the right to vote occupies a special place in our democracy and that any limitation of this right must be supported by clear and convincing reasons. The court indicated that if the Government sought to disfranchise a group of its citizens, it must place sufficient information before the court demonstrating what purpose the disenfranchisement is intended to serve.

Recommendation

The Committee does not support the proposed amendment to the Constitution as the petitioners did not demonstrate or motivate why they are of the view that prisoners may not vote. The Committee also noted that such a view conflicts with the current jurisprudence of the Constitutional Court on prisoners’ right to vote.

2.2.3.5 The SAHRC to hold a referendum on the death penalty

It was submitted that the SAHRC should hold a referendum on whether the death penalty should be reinstated.

The Committee was of the view the submission did not propose an amendment to the Constitution. Furthermore it noted that neither the Constitution nor legislation empowers the SAHRC to hold such a referendum.

The Committee noted the judgment of the Constitutional Court in S v Makwanyane and Another 1995 (3) SA 391 (CC), in which it was held that the death penalty was unconstitutional as it inter alia violated the fundamental right not to be subject to cruel, inhuman or degrading form of punishment, the right to dignity and the right to life as protected in the Bill of Rights. The Committee also agreed with the view of the Court in respect of public opinion on the death penalty in terms of which the Court held that “[i]f public opinion were to be decisive there would be no need for constitutional adjudication. The protection of rights could then be left to Parliament, which has a mandate from the public, and is answerable to the public for the way its mandate is exercised, but this would be a return to parliamentary sovereignty, and a retreat from the new legal order established by the 1993 Constitution. By the same token the issue of the constitutionality of capital punishment cannot be referred to a referendum, in which a majority view would prevail over the wishes of any minority. The very reason for establishing the new legal order, and for vesting the power of judicial review of all legislation in the courts, was to protect the rights of minorities and others who cannot protect their rights adequately through the democratic process. Those who are entitled to claim this protection include the social outcasts and marginalized people of our society. It is only if there is a willingness to protect the worst and the weakest amongst us, that all of us can be secure that our own rights will be protected” (paragraph 88).

The Committee also noted that the reinstatement of the death penalty would conflict with South Africa’s international law obligations as Parliament ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights which inter alia provides that no one within the its jurisdiction shall be executed and that the state is obliged to take all necessary measures to abolish the death penalty.

Recommendation

The Committee does not support the proposal as the Court in Makwanyane held that the death penalty was, inter alia, a violation of the right not to be subjected to cruel, inhuman or degrading forms of punishment the freedom, the right to dignity and the right to life. The Committee was also of the view that the reinstatement of the death penalty would in all probability require amendments to fundamental provisions of the Bill of Rights including sections 9, 10 and 12, dealing with equality, human dignity and freedom and security of the person respectively and that it would also conflict with South Africa’s international law obligations.

2.2.3.6 The SAHRC should impose heavier sentences on offenders

It was submitted that the SAHRC should impose heavier sentences on convicted offenders.

Recommendation

The Committee was of the view that no specific amendment to the Constitution was proposed. It also noted that the imposition of sentences is not a matter to be dealt with by the SAHRC as it is either a matter regulated by Parliament in terms of legislation or by judges in terms of the common law.

2.2.4 SUBMISSIONS ON THE COMMISSION FOR THE PROMOTION AND PROTECTION OF THE RIGHTS OF CULTURAL, RELIGIOUS AND LINGUISTIC COMMUNITIES (CPPRCRLC)

2.2.4.1 The powers of the Commission be extended to enable it to put a stop to discrimination on the basis of cultural, religious and linguistic communities

It was submitted that the Constitution be amended to empower the CPPRCRLC to put a stop to discrimination against cultural, religious and linguistic communities.

The Committee noted that in terms of section 185(1) of the Constitution, the primary objects of the CPPRCRLC are to promote respect for the rights of cultural, religious and linguistic communities, to promote and develop peace, friendship and national unity among cultural, religious and linguistic communities on the basis of equality, non-discrimination and free association and to recommend the establishment or recognition in accordance with national legislation, of a cultural or other council or councils for a community or communities in South Africa and that section 185(2) further provides that the Commission has the power, as regulated by national legislation, necessary to achieve its primary objects, including the power to monitor, investigate, research, educate, lobby advise and report on issues concerning the rights of cultural, religious and linguistic communities.

The Committee was of the view that while section 185(2) does not empower the CPPRCRLC to itself investigate violations of rights, it may report any matter that falls within its powers and functions to the SAHRC for investigation.

Recommendation

The Committee does not recommend that the Constitution be amended as the SAHRC already has the power to investigate any violation of human rights.

2.2.4.2 The CPPRCRLC needs to be more visible and the public must be informed about the rights of minorities

It was submitted that the Constitution be amended to ensure that the CPPRCRLC becomes more visible and that it must inform the public about the rights of minorities.

The Committee noted that such detail is not usually included in the Constitution itself, but rather in legislation or policy documents.

Recommendation

The Committee does not support the proposed amendment as it is of the view that such detail should be contained in legislation or policy documents, rather than the Constitution.

The Committee also recommends that the matter be referred to the ad hoc committee on the Review of State Institutions Supporting Constitutional Democracy for further consideration 2.2.5 SUBMISSIONS ON THE AUDITOR-GENERAL (AG)

2.2.5.1 The Auditor-General must be empowered to act immediately against perpetrators of fraud and not just to report on irregularities

It was submitted that the Constitution be amended so as to empower the Auditor-General (AG) to act immediately against perpetrators of fraud and not just to report on irregularities.

The Committee noted that section 188(1) makes it clear that the function of the AG is to audit and report on the accounts, financial statements and financial management of all state departments and administrations, all municipalities and any other institution or accounting entity so required by national or provincial legislation and that in terms of section 188(2) the AG may also audit other state institutions that receive public monies for a public purpose.

Recommendation

The Committee does not support the proposed amendment as in its view the task of the AG is to report on financial irregularities and report thereon to the relevant authorities and thereafter it is the function of the South African Police Services and the National Prosecuting Authority to act on such information.

2.2.5.2 The AG must make concrete and practical recommendations to Parliament

It was submitted that the Constitution be amended to provide that the AG must make concrete recommendations to Parliament. The Committee noted that section 188(3) of the Constitution already currently provides that the AG must submit audit reports to any legislature that has a direct interest in the audit.

Recommendation

The Committee is of the view that as 188(3) of the Constitution already provides that the AG must submit audit reports to any legislature that has a direct interest in the audit, the amendment suggested is superfluous.

2.2.6 SUBMISSIONS ON THE ELECTORAL COMMISSIONS

2.2.6.1 The Electoral Commission must make more voting stations available, prescribe more stringent regulations with regard to the registering of political parties and become more visible

It was submitted that the Constitution be amended so as to ensure that the Electoral Commission make more voting stations available, prescribe more stringent regulations with regard to the registering of political parties and become more visible.

The Committee was of the view that such detail is not usually included in the Constitution itself, but rather in legislation or policy documents.

Recommendation

The Committee does not recommend amending the Constitution to provide that the Electoral Commission make more voting stations available, prescribe more stringent regulations with regard to the registering of political parties and become more visible as it is of the view that such detail should not be included in the Constitution.

2.2.7 SUBMISSIONS ON THE INDEPENDENT AUTHORITY TO REGULATE BROADCASTING

2.2.7.1 The IBA to promote locally produced programmes and design a cheaper and shorter process to apply for a broadcasting licence to benefit smaller and poorer communities

It was submitted that the Constitution be amended so as to ensure that the IBA must promote locally produced programmes and design a cheaper and shorter process to apply for a broadcasting license to benefit smaller and poorer communities.

The Committee noted that section 192 provides that national legislation must establish an independent authority to regulate broadcasting in the public interest and to ensure fairness and a diversity of views broadly representing South African society and as such the drafters of the Constitution did not specify the functions of the IBA.

Recommendation

The Committee does not recommend amending the Constitution to ensure that the IBA promote locally produced programmes and design a cheaper and shorter process to apply for a broadcasting license as such details should not be included in the Constitution.

1. OTHER RECOMMENDATIONS ON CHAPTER 9 INSTITUTIONS

2. Creation of a Chapter 9 Institution to promote and safeguard the rights of children

It was submitted that that a new Chapter 9 Institution be created to promote and safeguard the rights of children.

The Committee noted that section 28 of the Bill of Rights specifically protects the rights of children and that the inclusion in the Bill of Rights of a special section on the rights of the child was an important development for South African children as they are among the most vulnerable members of society.

The Committee was of the view that Chapter 9 Institutions were established to provide meaningful support for the system of constitutional democracy, open government and good governance and as such it would not be appropriate to locate an institution safeguarding the rights of children in Chapter 9 of the Constitution.

Recommendation

The Committee does not support the proposed amendment as it is of the view that it would not be appropriate for such a body to be included as a Chapter 9 Institution.

1. THER PROPOSED AMENDMENTS TO THE CONSTITUTION

3.1 Amendment of section 23(2)(c) It was submitted that section 23(2)(c) of the Constitution be amended so as to list essential services and prevent such employees from embarking on industrial action.

The Committee noted that section 213 of the Labour Relations Act of 1995 already defined essential services and regulated such employees’ right to strike.

Recommendation

The Committee does not recommend the amendment of section 23(2)(c) as it is of the view that the proposal is captured in various sections of the Labour Relations Act.

3.2 The President to be directly elected

It was submitted that the Constitution be amended so that the President is directly elected by the people rather than the National Assembly.

The Committee noted that it was possible for Parliament to amend the electoral system provided that it did so in accordance with the Constitution, the Committee was of the view that proposal was a far reaching one which would change our current system of elections and parliamentary democracy in general.

Recommendation

The Committee was of the view that the desirability of amending the electoral system was a far reaching policy consideration that would require more research and discussion before the Committee can consider the matter.

3.3 Floor-crossing

It was submitted that floor-crossing is a feature of many so-called “established” and “developing” democracies and as such was unsuitable to South Africa currently.

The Committee noted the judgment of the Constitutional Court in UDM v President of the RSA and Others (1) [2002 (11) BCLR 1179 (CC) which held that the that floor-crossing provisions were not inconsistent with the founding values set out in section 1 of the Constitution, with multi-party democracy, or with proportional representation.

Recommendation

The Committee noted that the matter was already before Parliament in terms of a private member’s legislative proposal which has been referred to the Standing Committee on Private Members’ Legislative Proposals and Special Petitions by the Speaker. As such the Committee was of the view that it was not feasible to engage in what would amount to a parallel process.

3.4 Free quality mother tongue education

It was submitted that the Constitution be amended so as to provide for “free quality mother tongue education”. The Committee noted that section 29(2) of the Bill of Rights provides that everyone has the right to receive education in the official language or languages of their choice in public educational institutions where that kind education is reasonably practicable. In order to ensure the effective access to, and implementation of this right, the state must consider all reasonable alternatives including single medium institutions taking into account equity, practicability, and the need to redress the results of past racially discriminatory laws and practices.

As such the Committee was of the view that the Constitution provides for the provision of mother tongue education at state cost in terms of the guidelines set above.

Recommendation

The Committee does not support the proposed amendment as it is of the view that the Constitution adequately provides for reasonable access to mother tongue education at state cost.

D. Other submissions that did not propose amendments to the Constitution

The Committee received a submission from the SAHRC which commented on the progress made in respect of persons with disabilities. While the SAHRC did not propose any amendments to the Constitution, the submission indicated that state departments were not giving effect to the rights of the disabled. As such the Committee referred the submission to the Portfolio Committee on Justice and Constitutional Development.

The Committee also received a submission from the CGE which proposed amendments to the Commission on Gender Equality Act, the Public Finance Management Act and the Promotion of Equality and the Prevention of Unfair Discrimination Act. As these submissions related to national legislation and not the Constitution, the Committee referred the submission to the Portfolio Committee on Justice and Constitutional Development for consideration.

In addition the Committee also received submissions from the public which • complained about the administration of Chapter 9 Institutions; • alleged that there was unfairness in the justice system; • and alleged that it is unfair that the state observes Christian public holidays such as Easter.

Report to be considered.

                      TUESDAY, 14 NOVEMBER 2006

ANNOUNCEMENTS:

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Translations of Bills submitted

 (1)    The Minister of Finance


      a) Aansuiweringsbegrotingswetsontwerp [W 32 – 2006] (National
         Assembly – art 77)


          This is the official translation into Afrikaans of the
          Adjustments Appropriation Bill [B 32 – 2006] (National
          Assembly – sec 77).

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)     Bill passed by National Assembly on 14 November 2006 and
    submitted for concurrence:


      a) Civil Union Bill [B 26B – 2006] (National Assembly – sec 75).


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


(2)     Bill passed by National Assembly and transmitted for
    concurrence on 14 November 2006:


    (a)      Transnet Pension Fund Amendment Bill [B 30B – 2006]
         (National Assembly – sec 75)


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

1. Referral to Committees of papers tabled

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

      a) Instrument for the Amendment of the Constitution of the
         International Labour Organisation (ILO), tabled in terms of
         section 231(2) of the Constitution, 1996.


      b) Explanatory Memorandum to the Instrument for the Amendment of
         the Constitution of the International Labour Organisation
         (ILO).

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

      a) Agreement between the Republic of Botswana, the Republic of
         Mozambique, the Republic of South Africa and the Republic of
         Zimbabwe on the Establishment of the Limpopo Watercourse
         Commission, tabled in terms of section 231(2) of the
         Constitution, 1996.

      b) Explanatory Memorandum on the Agreement between the Republic of
         Botswana, the Republic of Mozambique, the Republic of South
         Africa and the Republic of Zimbabwe on the Establishment of the
         Limpopo.

1. Report on Provincial Week

DRAFT REPORT OF THE NATIONAL COUNCIL OF PROVINCES ON THE PROVINCIAL WEEK VISIT BY PERMANENT DELEGATES TO PROVINCES

1. Background

Provincial Week was established after a workshop was held prior to the official launch of the NCOP in December 1996, where all delegates from the country’s provinces provided their perspectives of the country’s newly established House of Parliament.

The NCOP’s Provincial Week, is one of the mechanisms established to solicit provincial interest and ensure that provincial delegates keep abreast with developments, as well as the challenges that are facing their province.

The provincial week took place on 14-18 August 2006. During this period permanent delegates went to their respective provinces where they visited various sites and projects and interacted with political roleplayers. The objectives of the Provincial Week were as follows:

  - To interact with the provinces and report back on their  activities
    in the NCOP
  - To provide a forum  for  the  exchange  and  sharing  of  ideas  on
    progress made on service delivery
  - To meet  with  the  Premiers,  MEC’s  and  Departments,  Provincial
    Legislatures and their Speakers, Chief Whips  and  Chairpersons  of
    Committees and other stakeholders  such  as  the  local  government
    leaders including SALGA
  - To undertake an oversight visit to communities in order  to  ensure
    that they get information on the needs and challenges of the people
  - To visit  projects  that  are  implemented  by  both  national  and
    provincial governments in their provinces and the local people.

The delegations consisted of the following people:

Eastern Cape Ms B N Dlulane Ms D Qikana Mr D Mkhono Mr M Robertson

Free State Mr N Van Rooyen Mr T Setona Mr T Ralane Ms E S Mabe Dr F Van Heerden

Gauteng Ms N F Mazibuko Ms M N Madlala Mr S Shiceka Mr E M Sogoni Mr M A Mzizi Ms C Chen KwaZulu-Natal Ms M Oliphant Mr Z C Ntuli Mr D Gamede Ms A Mchunu Ms J N Vilakazi

Limpopo Mr M J Mahlangu Ms H F Matlanyane Mr M Sibiya Mr O M Thetjeng Mr D J Botha

Mpumalanga Ms F Nyanda Mr V V Windvoël Ms P Themba Mr BJ Mkhaliphi Mr BJ Tolo Mr W Watson

North West Mr Z Kolweni Ms J Masilo Mr P Moatshe Mr L Moseki Mr J Tlhagale

Northern Cape Mr C Goeieman Mr R J Tau Mr L Fielding

Western Cape Mr N Hendricks Ms D Robinson Mr F Adams Mr N Mack Ms N D Ntwanambi

1. Visit to the Eastern Cape Province

The delegation was invited to attend the Cabinet Lekgotla held on the 13 – 15 August 2006 in Wild Coast Sun in Wild Coast which constituted part of the objective of the visit.

The purpose of the Lekgotla was to get the report from the Provincial Clusters namely; Governance and Administration, Economic growth and Infrastructure and Social Needs, utilisation of Institutions of Higher Learning in the Province and progress made in the delivery of services by Municipalities

A. Report of the Governance and Administration Cluster

Academics from all the surrounding High Learning Institutions made presentations on their role and expectations. These institutions form part of government because they use public funds and they should be held accountable for their actions in terms of their curriculum to learners. The vision and mission of the institutions is to develop democratic institutions.

Development and involvement in building the country

Development could be done by developing a relevant research base which would help in capacitating learners. The academics saw the need to assist poor students who could not pay the fees. It was also said that the contribution of the academics to the society could be developed by consolidating skills as they are allocated strategically to build the education sector. Other factors that were discussed were the role of research entities in universities and rural development.

Challenges faced by Institutions of Higher Learning

• Redefining of the rural concept
• Absence of rural health policy units
• Policy dialogue with government entities need to be enhanced
• Knowledge of management policies to capacitate municipalities for them
  to be able to execute their duties/responsibilities.

Concerns raised by delegates to academics

These concerns were on how the following could be enhanced: • Visible actions to resolve the capacity building problem • Lack of illiteracy alleviation by South African Institutions • Coordination of Skills development and capacity building • Coordination of relevant curriculum that would suit the learners

Concerns about Rural development

The delegates felt that despite other developments in the rural areas, they still have a problem in rural electrification. Other concerns were around the following: • Strategies that could assist in complementation of income generation • Lack of community participation in the development of the country • Impact on the objectives of the Freedom Charter and PGDP which seemed a big problem • Influence by institutions on government policies

Response from the academics

In responding to the concerns of the delegates, the academics advised that; • Curriculum revolution in school management and development should be enhanced • Concept of growth development strategies • Sharing of experiences to innovate numerosity could assist communities in many ways

B. Report of the Economic Growth and Infrastructure Cluster

Concerns of the Economic Growth and Infrastructure • Roll out and support • Poverty versus inequality • Critique of PDGP • Capacity building • Development of SMMEs • Effective Rollout of Black Economic Empowerment Policy • National Business Initiative

Economic Growth and Infrastructure plan

The plans were tabled as follows: • The preparations for the Soccer World Cup 2010 • Resolutions of the Government Summit held in Port Elizabeth • Employment of unemployed learners • Rural power, contributions and emerging business • Expansion of provincial dimensions of provincial problems • Improvement of communication with all stakeholders to make the province efficient • Provisions of the PGDP • Characterisation of Political economy of the working class

Challenges

• Accelerated economic growth
•  Macro Social Report
• Monitoring and evaluation
• Alignment in spatial planning
• Economic growth
• Involvement of the marginalized communities in economic activities
•  Performance  of  state  campaigns  against  crime  and  international
  relations
•  Increase in Oil prices
• US budget and current account deficit
• Complexities in gender

Social Needs

The cluster provided an updated information on the activities of the Cluster and the stakeholders who are directly involved with the cluster, the achievements to date of the Cluster’s critical priorities for 2006 and the alignment of the Cluster’s critical priorities with the Provincial Growth and Development Plan and the National Government’s Programme of Action

C. Report of the Social Needs Cluster objectives

•  Systematic  Poverty  eradication  through  holistic,  integrated  and
  multidimensional approach to pro-poor programming by developing  human
  resource
• Develop an infrastructure skills plan for infrastructure  projects  to
  ensure that in 5 years, the Department of Public  Works  has  adequate
  staff complement
• Use every infrastructure project to  create  more  job  opportunities,
  monitor skills development, develop  emerging  contractors,  integrate
  HIV/AIDS in specifications
• Train DPW Project Managers in Labour Based Practise  to  optimise  job
  creation
• Funding for infrastructure Skills Plan for these programmes was to  be
  submitted to ASGISA & DBSA, National Skills Fund, DOL for  funding  to
  kick start the programme

Proposed Interventions

    1. Ground  work  done  around  critical  issues  contained  in  the
       National Macro-Social Report of 2006
    2. Roll-out Work Plan 2006/2007 of the Eastern Cape’s Macro- Social
       Report as outlined
    3. The proposed  compilation  of  an  updated  Provincial  Multi  –
       Dimensional Poverty Eradication Strategy: 2007 – 2014
    4. The identified challenges and proposed  strategic  interventions
       for the improvement of the functioning of the  cluster  and  its
       member-departments, in collaboration  with  other  clusters  and
       stakeholders

The Lekgotla did not take any resolutions, the reason for that was the fact that the recommendations made by clusters were to be adopted and implemented by Cabinet and the report would be forwarded to clusters after the approval of the cabinet.

D. Meeting with the Portfolio Committee on Local Government and Housing in Bisho

The delegation could not meet with the Premier because she extended an apology and the delegation only met with the Portfolio Committee on Local Government and Housing in Bisho. The committee discussed the petitions that were referred to them on issues pertaining to municipalities. Those municipalities were:

Buffalo City Municipality

The problem in this municipality is about the request for immediate intervention on an unfair dismissal of Mr. Mxolisi Tsika as a City Manager at Buffalo City Municipality.

Mnquma Municipality

The petition of this municipality was around administrative and Political crisis at Mnquma Municipality. Witnesses were called and testified under oath and a letter on behalf of one witness was sent to the committee, and a concern about this matter was critically looked at. The Portfolio Committee on Local Government and Housing was unhappy on the manner in which the former Buffalo City Executive Mayor handled the matter. Instead of coming to the committee he submitted a letter from the lawyers.

Nkonkobe Municipality

The petition of Nkonkobe municipality was about the council resolution pertaining to the payment of an exit package to Mr. SD Mdila, whose service were terminated as a City Manager.

Resolutions

The committee took a resolution that they need to subpoena the witness who sent the letter from the lawyers and other municipal matters would be dealt with because all necessary steps have been taken regarding their problems. Regarding Mnquma Municipality issue, the committee needed to prove the authenticity of the report as the MEC for Local Government and Traditional Affairs Mr. Sam Kwelita did not have any knowledge of the report that was in the committee’s possession, which formed part of the petition.

E. Site Visits

The Permanent delegates and Members of the Eastern Cape Legislature, Mr. Mnguni and Ms. Jamjam visited Nelson Mandela Metro Municipality and were welcomed by Her Excellency the Mayor who gave an overview of the Municipality activities and problems. She outlined the role played by the municipality during the disaster, which was caused by heavy rains. She identified areas that were mostly affected and requested Permanent delegates to accompany the officials to the sites. In her address she highlighted that Nelson Mandela Metro Municipality was not budgeted for the building of new houses for this current year therefore people could not be relocated. She acknowledged the integration of hospitals that are overcrowded and under - staffed.

Families that lost relatives because of the floods were visited and permanent delegates with the Members of Provincial Legislature and Councillors expressed sympathies on behalf of government. Municipality promised to assist where it could to try and support the families.

Areas affected by Floods

• Soweto
• Veeplaas
• Kleinskool
• Booysens Park

Permanent delegates, MPLs and Councillors visited the areas.

Recommendations

 1. Immediate intervention  by  Nelson  Mandela  Metro  Municipality  to
    assist those people that were affected by storms.
 2. Investigation of the whereabouts of  the  builders  to  rectify  the
    things that were not properly done.
 3. Relocation of squatter camps to better sites.
 4. Members to take the matter  of  housing  budget  to  Parliament  for
    intervention; this is because of  the  limited  funds  budgeted  for
    housing

Site visit to Women’s project

The women of Despatch near Uitenhage have a brick-making project and they were assisted by the Municipality to start their project. They received a brick making machine, 500 bags of cement and concrete as a kick-start. They have develop themselves, they supply the contractor that is building RDP houses and they hope to expand because they have received a big machine that would assist them in building 7 bricks simultaneously.

Problems encountered

Payment by the Municipality of supplied material was said to be very problematic. It takes more for them to get paid, and the Municipal official promised them that they would get money within seven days.

Conclusion

The leader of delegation, Mr. Mnguni, MPLs thanked the NCOP Permanent Delegates for their visit to the province and for interacting with them on issues that would benefit the poorest of the poor. He further acknowledged the dedication of the Nelson Mandela Metro Municipality and recommended that Members of Parliament should keep their obligation of working for the betterment of the lives of the people of our country.

1. Visit to the Free State Province

A. Background

The NCOP programme made provision for members to participate in the activities of the Legislatures. The delegation undertook a range of meetings and visits to various places including Maluti Bus Service and the Government Garage in Phuthaditjhaba.

B. Activities of the Free State Legislature

Meeting with Chairperson of Committees on activities of the Legislature

A presentation was made to assist NCOP permanent delegates to get a broader understanding on activities of the Legislature in undertaking oversight over the Executive Council. The chairperson highlighted that the Manto Management consultancy conducted a strategic planning workshop for Chairpersons of Committees of the Free State Legislature (FSL) in March 2006.

As a result Committee Reports are considered and tabled on quarterly basis to ascertain progress made in regard to goals set in the strategic plans.

A draft discussion document on the role of permanent delegates in the work of the Free State Legislature was also presented.

Programme of the Legislature

The Chairperson of Committees outlined the programme for the remaining months to the meeting. It was indicated that Free State would host “Taking Parliament to the People during the month of November 2006 and Lejweleputswa District is earmarked due to its centrality.

It was further indicated that the Free State Province will also host the Association of Public Accounts Committees (APAC) conference and logistical arrangements will be communicated to the National Council of Provinces (NCOP) Permanent Delegates as soon as it is finalised.

The meeting noted that Annual Reports from the Executive will be tabled in the House on the 20 and 21 September 2006 and it is envisaged that public hearings will be conducted around the province and NCOP Permanent Delegates will be invited to participate.

Concerns raised

    1. The Chairperson of Committees was  commended  for  systematizing
       the work of committees. However, the report on the activities of
       the committees is too generic and not explicit on  Key  Priority
       issues of Oversight per Portfolio
    2. The research capacity of the Regis House  remains  a  challenge.
       This matter was discussed during the era of  Honourable  Speaker
       J. Mohapi but the status quo remains.

    3. Poor communication among the Members of  the  Executive  Council
       (MECs), Committee Chairpersons and NCOP Permanent Delegates  has
       a negative bearing on the NCOP.

    4. The absence of Committee on Gender is worrying as  there  is  no
       particular focus on gender matters. Provisionally the  Committee
       on Finance does it; therefore there is  a  need  to  review  the
       scope of the latter Committee.

    5. NCOP Permanent Delegates do not receive  official  documents  as
       tabled or referred to Portfolio Committees e.g. Annual  Reports,
       Strategic Plans, Budget votes etc.

    6.  Report  of  the  Public  Protector  on  the  Free  State  Youth
       Commission should be considered.

    7. The role of special delegates must be clarified when they attend
       NCOP meetings.

    8. The costs incurred with regard to the participation of the  NCOP
       Permanent Delegates on provincial matters  deserve  primacy.  At
       the moment this matter remains the onus of  the  NCOP  Permanent
       Delegates.

Proposals by the committee

    1. The Free State Legislature is advised  to  budget  less  on  the
       programme 1 – legislation of the Legislature, as there might  be
       an unintended under-spending.

    2.  NCOP  Permanent  Delegates  must  be  furnished  with   details
       regarding Strategic Plans of Committees.

    3. The Legislature must introduce mechanisms that  will  assist  in
       linking  Constituency  offices   in   the   Province   and   the
       Legislature.

    4. A need to do follow up  visits  to  municipalities,  which  were
       under performing, and those that were placed under  section  139
       of  the  Constitution  by  the  Portfolio  Committee  on   Local
       Government and Housing should be attended  to  as  a  matter  of
       urgency.

    5.  A  political  decision  must  be  taken  to  provide  normative
       guidelines on the matter of the Free State Youth Commission.

C. Briefing on Free State Development Strategy

Currently the Free State Government is reviewing the Plan  in  order  to
accommodate  the  municipalities  with  regard   to   their   Integrated
Development  Plans  (IDPs).   The  final  revised  plan  was  issued  by
University of the Free State and sent to Chairpersons  of  clusters  for
final inputs. The government’s overall programme for  implementation  is
on track.

Challenges faced by the Legislature

    1. Biggest challenge with social development is budget.
    2. Health – transferring of conditional grants  and  infrastructure
       grants, not congruent to expenditure patterns.
    3. Local Government and Housing – assistance of older women who are
       heads of households.
    4. Education – outsourcing feeding scheme, uniforms.
    5. Economic cluster – economic growth and investment  opportunities
       in the Province, align all procurement services in the province,
       realignment of the FDC as a development agency.
    6. Governance and administration – report to  be  presented  on  15
       August 2006 to NCOP Permanent Delegates to confirm  progress  in
       this regard.
    7. The government will  administer  Justice  and  Crime  Prevention
       Cluster –Child Protection Act – Child  Care  Center  in  Qwaqwa,
       Welcome the Child Care Center.

  Critical issues

    1. Free State Growth and Development Plan is fully aligned  to  the
       budget format and tasks are added to the Department  but  budget
       is not adjusted in this regard.
    2. Interaction between the three spheres of government is  critical
       to address the issue of duplication.
    3. The fact that Xhariep Municipality underspent on  the  Municipal
       Infrastructure Grant (MIG) is of serious concern  and  that  the
       Portfolio Committee responsible for  the  Local  Government  and
       Provincial Treasury must intervene to address the matter.
    4. Filling of critical posts especially research  in  the  economic
       unit is ongoing but remains a challenge.
    5. Celebration of women's month by  the  government  must  also  be
       reflected in the reports of the government in regard  to  gender
       issues.
    6. Interaction with other provinces is being planned.
    7. There is a problem of human  trafficking  especially  women  and
       children. Though there are no statistical data on  this  matter,
       the province is currently grappling with illegal immigrants.
    8. Under-spending by municipalities, especially on  Local  Economic
       Development as opposed to their unabated  loans  at  DBSA  is  a
       worrying factor. In this regard the Premier promised  to  ensure
       that under-spending municipalities are  not  loaning  any  money
       from the DBSA.

D. Meeting with Maluti Bus Service

The mission of the company is to provide safe and reliable service to the public. Regular meetings between the company and the Department of Public Works, Roads and Transport are held. These relations helped to resolve misunderstandings between the company and Bethlehem Taxi Association. Currently the company has 35 buses operational and 4 stand-by busses and they render services to QwaQwa residents, Harrismith and Bethlehem areas.

Some of the challenges faced by the company are fuel increases and the state of the roads in which they are operating that impacts negatively on their transport. This results in losing huge amounts of money in fixing other models that they use, e.g. Volvos and MAS.

The company is proud of the excellent service they are rendering to their beneficiaries and has service points at Setsing Complex in Phuthaditjhaba and Harrismith. The service points open on Friday to Tuesday from 4am. The company has appointed an expert who deals with refurbishment of their systems, which they use to assess the safety of their vehicles.

Issues of concern

1. Verification of the amount and the formula of subsidy they receive from the Provincial Department of Public Works, Roads and Transport;
2. The names of the shareholders and owners of the company could not be verified;
3. Free State Development Corporation has 40% shares of which 10% is meant for community or workers and 30% is envisaged for taxi industry in the districts and the remaining 60% belongs to Scopel 21, trading as Maluti Bus Service;
4. The lack of transformation as no female representative was present during the meeting;
5. It was also not clear as to who are the trustees of the alleged community trust fund account, which was opened by the company.
6. Since the company entered into an agreement with the Provincial Department of Public Works, Roads and Transport, no money was deposited into the community trust fund account as part of social investment initiatives; and
7. One bus, which is accessible to people with disability, is not sufficient and all busses should be designed to be user friendly to people with disabilities.

Committee proposals

1. A meeting should be held between the committee and the Free State Development Corporation to look into some of the concerns;
2. Committee must have a meeting with the board of directors of the company;
3. Committee must have a meeting with the Provincial Department of Public Works, Roads and Transport;
4. The company should look into the issue of transformation as well as adhering to Batho Pele principles;
5. The company should look into the state of the busses and how this impact on the communities;
6. The company should look at self-sufficiency and how to become sustainable; and
7. A copy of the contract with Provincial Department of Public Works, Roads and Transport as well as audited financial statements since 2000 should be made available to the Committee for perusal.

E. Government Garage – Satellite Office at Phuthaditjhaba

This was a follow-up site visit to the one undertaken in Bloemfontein on June 2006, to Government Garage, head office. Regarding the details on the activities of the Government Garage, the management indicated that their report is congruent to the one presented at the head office. However, they promised to answer questions on issues peculiar to the satellite office. It became evident during this site visit that the Phuthaditjhaba Satellite offices of the Government Garage remain operational and effective. However, the Committee was dismayed by the redundancy of 62 public servants that are still in the employ of the Free State Government but without any job to do. These employees were supposed to be redeployed to other government departments in accordance with the provisions of Resolution 7. This implies that only 28 of the 90 employees constitute the staff complement of the Satellite office.

The Committee further committed itself to convene meetings with the Department to ascertain critical issues causing the delay in implementing the Resolution 7.

F. Meeting with Portfolio Committee on Education, Sport and Recreation on formulation of a negotiating mandate on the Second FIFA Amendment Bill

Public hearings were completed around the bill and issues were raised around the issue of Merchandising Mark. It was agreed that this was not part of the bill and should be taken up in another meeting. The committee agreed to have a negotiating mandate on the bill.

G. Meeting with the Free State Department of Education on allegations in “Die Son Nuusblad” on the Information Technology Bid

The newspaper made the allegations after the IT tender was awarded to certain companies. A member of the Portfolio Committee on Education, Arts, Culture, Science and Technology made a request to the committee that these allegations should be investigated.

Allegations made were the following:

 1. Department of Education has awarded IT contracts  of  approximately
    R40 million to businesses that are  having  misleading  names,  not
    credible and specializing in IT  services,  e.g.  construction  and
    catering services;
 2. There were deviations in the tender process;
 3. The companies which were awarded the  contract  are  not  going  to
    produce or work up to standard; and
 4. Some businesses apparently belong to the same family.

The department entered into an agreement with the State Information Technology Agency (SITA) to assist with the appointments. SITA did not comply with the cut-off date and the department in terms of resolution 17.1 and 17.6.1(a) of the State Information Technology Act 88 of 1998 as amended, decided to procure on their own.

The department conducted security screening for all companies and the preliminary investigation revealed the following: 1. Although most companies used local addresses, they are based outside the province; 2. Some of the directors of these companies are based overseas; 3. Some of the prime contractors are sub-contracted to themselves for same and different products and as a result competition is limited to themselves and current Procurement Transformational Policies are being thwarted; 4. Some of the Directors are “fronts”; 5. The preliminary findings were sent to National Intelligence Agency (NIA) for extensive investigation; and 6. Care should be taken that this matter is still sub judice.

A decision was taken in the meeting that it is not the responsibility of the officials of the department to answer to the committee and that this matter should be taken up with the relevant MEC.

H. Meeting with the Provincial Geographical Names Committee (PGNC) – Free State

The PGNC was established by the MEC for Arts and Culture in terms of section 2 (2) (a) of the South African Geographical Names Council Act,

1. Their function is to act as a liaison between the community and the South African Geographical Names Council (SAGNC) and is responsible for advising local authorities and working with them in ensuring that they apply the principles of the SAGNC to the names of their jurisdiction.

The PGNC face challenges of lack of support from the municipalities and government departments, funding, local committees that do not function and lack of full time personnel.

I. Meeting with South African Local Government Association (SALGA) and National House of Traditional Leaders (NHTL) – Free State

The purpose of this consultative session was to enhance working relations in pursuit of government responsibilities. In this regard reference was made to the public participation conference, which was recently held in Gauteng. At this conference it was agreed that SALGA should participate in activities of the legislative committees – especially on matters inevitably affecting the municipalities.

It was further proposed that at least one member of SALGA should be part of the meetings of Portfolio Committee on Local Government and Housing as well as other Portfolio Committees where needed.

The delegation of SALGA was informed that at national level, they participate in the plenary but not in Committees. The principle of Separation of Powers should always be considered when involving other spheres of Government.

Proposals from SALGA 1. Standing and Orders of the Free State Legislature and NCOP be amended to include the participation of SALGA in the business of both Houses. 2. It is not helpful to be invited to the sittings of the House but not be allowed to participate in the debates. 3. The regulations on Supply Chain Management must be applicable to all spheres of government.

J. House of Traditional Leaders

Traditional Leaders do not feel comfortable to participate effectively in ward committees. They have questions as to at what level should they participate in the meetings, who is responsible for their travelling allowance and there is no direction as how and when should they participate in the business of government. Free State is the only province that is not legislated to have permanent NHTL. In this regard, the Premier is responsible to address the matter. The NHTL is not clear as to whom to report to with regard to quarterly and annual reports.

K. Proposals by the committee

 1. Create a permanent and functional framework with regard  to  working
    relations within the 3 spheres of government.
 2. Quarterly meetings must be convened.
 3. Consider amending rules and orders to accommodate SALGA.
 4. MEC Mafereka must be invited to the meetings  as  the  custodian  of
    House of Traditional Leaders (HTL).
 5. Participation of NHTL in government should be clarified.
 6. Public education should be enhanced and championed by the HTL.
 7.  A  meeting  must  be  convened  between  HTL  and  SALGA  regarding
    participation in ward committees.
 8. A technical committee must be established to  deal  with  issues  of
    compliance and should be assisted by the Legal Advise Section.
 9. In the next meeting, it  will  be  reported  on  progress  regarding
    resolutions taken on the 17th August 2006.

All names of the nominees for the technical committee should reach the office of the Chairperson of Portfolio Committee on Local Government and Housing by Thursday, 24 August 2006.

1. Visit to the Gauteng Province

A. INTRODUCTION The delegation focused on two areas namely, safety and security and local government. The objective was to ensure that the principle of cooperative governance as provided for by chapter three of the Constitution of the Republic of South Africa is realised. The joint oversight visits were undertaken by the NCOP, Community Safety and Local Government Committees, referred to as the delegation.

                 B. BACKGROUND

The NCOP was hosted by two Portfolio Committees responsible for Community Safety and Local Government in Gauteng i.e. Local Government and Community Safety. The delegation held an initial briefing meeting with the two Portfolio Committees to clarify the purpose of the visit agree on the Programme and refine the Focus Areas from the originally proposed framework by the leadership of the NCOP and the Legislature. The Focus Areas as agreed largely constituted the basis for engagements.

C. APPROACH

The delegation held joint meetings and oversight visits with both the Local Government and Community Safety Committees in Gauteng. Local Government meetings/oversight visits were held with various stakeholders, including the Gauteng Local Government Department and SALGA.

The delegation further conducted oversight visits to selected police stations in Gauteng. The criteria used in the selection of the stations were to look at the best and worst performing stations within the Province. In this regard, the following stations were selected: Reiger Park in Boksburg (Ekurhuleni), Mamelodi (Tshwane), Wierda Brug Centurion (Tshwane), Midrand, Moroka (Johannesburg) and CCTV facility in Tshwane.

D. LOCAL GOVERNMENT

The following focus areas became the basis for discussion:

1) Report On the general state Of municipalities a. Provision of housing by municipalities b. Indigent policy

    c. Supply chain management

    d. Review of powers and functions

    e. Challenges of electricity and water supply

    f. Challenges regarding receiving free basic services    2) Progress Report on the financial management  and  accountability
  focusing on:
    a. Implementation of  the  Municipal  Finance  Management  Act
       (MFMA) by municipalities.
    b. What support or progress is being  made  in  ensuring  that
       municipalities receive unqualified audit reports.

3) The situation in Merafong

4) Progress around the implementation of the Gauteng City Region(A Single Metropolitan System of Municipal Governance for Gauteng) 5) Challenges in the implementation of development planning applications in relation to the Environment Impact Assessments (EIAs) 6) Progress in relation to the focus areas of Project Consolidate.

7) Progress report in relation to preparations for the 2010 FIFA World Cup by the Province and municipalities.

Meeting with the Gauteng MEC for Local Government

The following summary captures the deliberations with the Gauteng MEC for Local Government, by focus area:

Report On the general state of municipalities

The MEC described the overall state of local government in Gauteng as ‘sound’, based on the following assessment:

• Immediately after the  2004  Municipal  elections,  all  Gauteng
  municipalities successfully completed and submitted IDPs in line
  with the relevant legislative and statutory requirements;

• All vacancies for municipal  manager  posts  have  been  filled,
  except in 3 municipalities:  Westonaria,  Kungwini  and  Lesedi.
  These  vacancies  persist  largely  due  to  the  difficulty  of
  attracting suitable candidates to smaller  municipalities  where
  lower salary bands are applicable for municipal  manager  posts.
  The Department will  propose  a  protocol  whereby  metropolitan
  municipalities should not be allowed to recruit/poach from local
  municipalities.

  The Department is in the process of undertaking extensive work
  regarding capacity-building for Section 57 Managers.


• Regarding free basic services,  most  municipalities  have  made
  strides regarding the provision of  free  electricity,  although
  some challenges regarding targeting still persist.

• With regard to the provision of free water, the success has been
  more varied, with  some  having  achieved  universal  provision,
  whilst others not.

The MEC did however register a number of ongoing challenges, for example the challenges of Revenue-collection, billing, lack of payment by the people who can afford but evade payment, including some government departments and parastatals.

The MEC further noted that one of the greatest challenges is posed by the lack of alignment of plans by other spheres of government with MIDPs. This imposes an undue service delivery burden on municipalities, as planning by these spheres which has a bearing on municipalities, happens largely in isolation and without consideration of the commitments of municipalities as contained in their MIDPs.

The MEC referred the delegation to the Report on the 5-Year Review of the State of Local Government (circulated), which comprehensively and systematically evaluates the challenges and successes of Gauteng municipalities since 2000.

Overall, she however emphasised the generally healthy state of Gauteng Municipalities.

Financial management and accountability

The Department has entered into an agreement with the Provincial Treasury on how best municipalities can be supported in implementing the MFMA. This agreement outlines the agreed roles, responsibilities and functions of the 2 departments in implementing and managing the provisions of the MFMA. The agreement also outlines the objectives and principles which will guide the supporting role that the two departments will be assuming in the transitional phase and permanent phase of implementing the MFMA.

Work has already started in implementing the agreement that includes the following: • Supervision over local government • Failure to approve budgets by a municipality • Unauthorized, irregular or fruitless and wasteful expenditure • Comments on the establishment of Municipal Entities, where National Treasury and the Department must recommend whether municipalities should go ahead and establish. • Deviation from Supply Chain Management policies • Issues raised by the Auditor-General in audit reports • Reporting of transgressions on councillor remuneration to Provincial Legislature • Discretionary and Mandatory interventions

Establishment of Advisory Committee

An Advisory Committee on Municipal Finance (ACLGF) was established to assist the Department in dealing with the financial challenges facing municipalities. The focus area of investigations was on financial management, borrowing, revenue management (billing and debt management, credit control) and compliance with the MFMA. The draft report pronouncing on the state of local government finance is complete and will be presented on the 18 August 2006. It is expected that the ACLGF will also input on proposed intervention strategies to address identified financial challenges of municipalities.

Deployment of chartered accountants to local and district municipalities to assist with financial management Challenges

The Department, in conjunction with the South African Institute of Chartered Accountants (SAICA) has deployed 14 chartered accountants to local and district municipalities to:

        •  Review  and  evaluate  the  internal  control  systems   and
          processes  in  place   at   the   municipalities   and   make
          recommendations to  facilitate  proper  financial  management
          with a view to ensuring the issuing by the Auditor-General of
          clear audit reports in future in accordance with a  checklist
          to be provided by SAICA.

        • Review the Auditor-General's  reports  up  to  the  2004/2005
          financial years in relation  to  the  municipality  concerned
          with a view to clearing  up  items  raised  by  the  Auditor-
          General.

        • Assist with the transfer of skills to the relevant personnel,
          including  the  chief  financial  officer   (CFO)   of   each
          municipality  with  a  view  to  building   capacity   within
          municipalities to manage their own financial affairs.

        • Provide assistance and support to municipalities with  regard
          to the completion of the annual financial statements for  the
          2006/2007 financial years.

        •  Assist  and  provide  support  to  municipalities  with  the
          completion of monthly, quarterly and annual financial reports
          as  required  in  terms  of  legislation  inclusive  of   the
          requirements of the Department and the  Gauteng  Treasury  as
          and when required.

        •  Assist  and  provide  support  to  municipalities  with  the
          completion of financial compliance  reports  as  required  in
          terms of legislation inclusive of  the  requirements  of  the
          Department and the Gauteng Treasury as and when required.

        • Make  recommendations  regarding  training  of  personnel  to
          enable the  municipalities  to  manage  their  own  financial
          affairs.

        • Advise and assist with the implementation of the strategy  of
          the ACLGF.

Progress around the Implementation of the Gauteng City Region

The GCR is at present a concept. As such, no concrete strategies in support of the GCR concept are being embarked upon at municipal level. However, the MEC emphasised the features of the GCR perspective, which once officially adopted, will require some of the following sectoral and cross-sectoral interventions, with direct impact on municipalities:

  • Municipalities will remain as independent  entities.  However,
    they will be required to collaborate and co-operate with  each
    other.

  •  A  single  transport  authority,  which  would  regulate  all
    transport-related matters, both public and private across  the
    province would be established.

  • An  overarching  public  safety  strategy  and  plan  for  the
    province will be adopted.  (To date a draft provincial  safety
    strategy and plan has been developed under  the  custodianship
    of the Gauteng Department of  Community  Safety.   This  is  a
    document  produced  after  extensive  consultation  with   all
    sectors, including local government);

  • There will be improved planning across spheres of  government,
    including spatial development planning, rezoning,  etc.  which
    should involve both the Province and Municipalities; and

  • There will be improved branding and marketing of Gauteng as  a
    global  city-region,  promoting   co-operation   rather   than
    competition   between    Gauteng    municipalities,    greater
    integration of MIDPs across municipalities.

The development of the GCR will be marked by growing levels of Integration across the province in the above respects.

Overall, the principle reiterated was that development and growth should be government-led and government-regulated, to prevent further sporadic and uncurtailed development by the private sector, and as a means to ensure better access to economic opportunities for the people of Gauteng.

Challenges in the implementation of the Development Planning Act in relation to the Environment Impact Assessments (EIAs)

The Department is not directly involved, although the DACE is. However, the MEC indicated that the balance has not yet been achieved between developers having to endure an extremely protracted EIA process and the need to ensure development does not proceed in an unregulated manner.

A challenge for the DACE is the limited staff capacity within municipalities, especially staff responsible for drafting reports. Poor quality reports requires DACE to conduct much of the investigation that should have formed part of the reports themselves. This is at least one major factor contributing to the delays in processing EIAs within DACE.

Progress in relation to the focus areas of Project Consolidate

The Department’s Municipal Support Programme includes municipalities that fall under Project Consolidate. A short term capacity needs analysis was done and this led to the establishment of a Technical Assistance Team (TAT) to provide technical support such as civil engineering and project management to municipalities that are in dire need of this expertise.

Technical Assistance Team (TAT): Engineering Capacity

So far, 19 senior engineers and 34 students and graduates have been deployed in the following Project Consolidate municipalities:

  |Municipality        |No. of Engineers |Students and     | |                    |Deployed         |Graduates        | |Emfuleni LM         |4                |9                | |Kungwini LM         |5                |7                | |Mogale City         |5                |9                | |Randfontein         |2                |4                | |Merafong LM         |3                |5                | |Total               |19               |34               |

The senior engineers also provided coaching and in-house mentoring to staff responsible for infrastructure projects. The rollout of technical assistance teams (TAT) in five new non-projects consolidates municipalities (Metsweding, West Rand and Sedibeng Districts, Nokeng and Westonaria Local municipalities). The TAT will also include students and graduates as well as in-house staff that will receive mentoring and coaching as part of the capacity building initiative.

The implementation of a high-level technical assistance team (TAT) will be providing services at two levels. These two levels of intervention in the first instance relate to ensuring that its capacity and technical skills is utilised optimally to turn around municipalities into viable entities. Secondly, the TAT will ensure that a simultaneous process of transfer of skills takes place through a workplace skills program and a performance management contract/agreement.

Progress report on the Preparations for the 2010 FIFA World Cup by the Province and Municipalities

The Department is not integrally involved with the preparation. The MEC reported mainly on the structures and process for managing the preparations.

Structure: There is a 2010 inter-departmental structure and a programme manager responsible for the overall co-ordination. Sub-committees would be established on Disaster Management, etc. HODs and Sports Recreation, Arts and Culture should report to the Political Committee, which will report to the Premier and Executive Council.

Process: An audit has been done by the Department of Sport and Recreation, Arts and Culture (SRAC) in the province of commitments made by municipalities. Role-players convened over the past weekend and developed a clear programme with resource implications for the Province and municipalities. Provision of Housing by Municipalities:

The MEC indicated that Municipalities are not evading responsibility by providing only land and not accepting responsibility for delivery of top structures. The province is responsible for building houses and for paying contractors.

Breach of Section 106 or Section 139

No municipality was investigated for breach of the two Sections.

Indigent Policy

Does the Policy include funerals for the Indigent?

The policy includes funerals for the indigent. However, the process of qualification is long and it is usually quite some time before beneficiaries receive payments for funeral expenses. The Department is reviewing the Indigent framework in relation to Indigent burials.

Supply Chain Management

The problem relating to the supply chain management does not seem to be as relevant to Gauteng as municipalities are required to pay suppliers within 14 days.

Review of Powers and Function

The Department is undertaking a Review of Powers and Functions, a comprehensive review to make recommendations on the upward or downward adjustment of Powers and Functions.

A Single Metropolitan System of Municipal Governance for Gauteng

The 5-year review indicates that District municipalities are not financially viable and barely able to survive, if not for the equitable share allocation from national government. Moreover, municipalities are worse off since the abolition of RSC levies and over time some of their powers have been eroded.

Gauteng Province envisages a single system of metropolitan governance. This will also serve to even out disparities in levels of service delivery across municipalities in the province, especially between the metropolitan municipalities on the one hand and district and local municipalities on the other.

The Department has initiated discussions with the Demarcation Board on the question of a single system of local governance.

Challenges relating to electricity supply

REDs: Municipalities are in the process of restructuring. Of the 3 metro REDs, 2 metros, Johannesburg and Ekurhuleni, will be ready by the end of 2006. Tshwane will be ready by the end of March 2007. The neighbouring districts will be incorporated under the Tshwane RED.

The Department is recommending that all non-metro REDs be part of the proposed National RED, or that all non-metro REDs fall into the metro REDs.

Challenges in relation to receiving free electricity through the prepaid supply system

Most municipalities have reportedly made strides regarding the provision of free electricity, although some challenges regarding targeting still persist.

It appears to be a system error resulting in exclusion of prepaid users from accessing free electricity.

Progress regarding Merafong

The matter is before the Courts. Judgement is reserved and the Court is yet to make a pronouncement on the matter. In the meantime, the Department has a Service Level Agreement (SLA) with the other province regarding service delivery in Merafong. The budget for certain functions like educator salaries lies with Gauteng. North West has managing responsibility. Overall, the area seems to have stabilised.

Growth and Development Summit

  The  Department  is  assisting  District   Municipalities   with
  preparations for holding the Growth and Development Summit later
  this year.

Meeting with SALGA, Gauteng

Report from the Chairperson: SALGA, Gauteng.

  ▪  State  of  Municipalities:  Overall,  the   process   of   Gauteng
    municipalities becoming fully functional  following  the  Municipal
    elections  has  proceeded  much   faster   than   in   2000.    All
    municipalities have established Section 79 Committees.  The process
    of appointing municipal managers has proceeded with  the  necessary
    speed.

  ▪  Free  Basic  Services:  There   is   a   disturbing   trend   that
    organisations are advising people not to register as Indigents,  as
    they may forfeit some free basic services.  With the supply of free
    basic electricity, some municipalities are successful and some  are
    not.

  ▪ Provision of Electricity: power outages remain  a  huge  challenge,
    especially in the larger  municipalities,  where  there  are  ever-
    growing numbers of people.

  ▪ Provision of Water: the management of water  becomes  a  key  issue
    as municipalities pay for water ahead  of  revenue  collection  for
    water services.

  ▪ In some instances, Departments are negligent and does not  pay  for
    services like bills of schools.

  ▪  Indigent  Policy:  Limited  capacity   for   Monitoring   of   the
    Implementation of the Indigents Policy and ensuring only bona  fide
    beneficiaries actually benefit.

  ▪ There is a further related challenge of capacity  in  the  Auditor-
    General’s   Office,   which   is   a   general   complaint   across
    municipalities.  In the case of the West Rand, the municipality was
    unable to spend the grant intended  for  addressing  infrastructure
    and service backlogs due to the land (intended for  the  Cradle  of
    Humankind) being under  private  ownership.   The  district  cannot
    impose services on private land.

  ▪ Municipal  Public  Accounts  Committees:  All  municipalities  will
    have public Accounts committees.

  ▪ Gender representation  in  municipalities:  there  is  50/50  split
    amongst Councillors and MMCs in ANC-led municipalities.

  ▪  Representation:  Challenge  to  ensure   ward   committees   truly
    represent sectors, e.g. ‘Business Sector’.

  ▪ Ward Committees:

•  Most  municipalities  are  near  completion  with  the   process   of
  establishing ward Committees and agreed that ward committees should be
  formed by end of September

• Regarding the structure of ward Committees, all  ward  committees  are
  still being established on the basis of sectors.

• The fact that Johannesburg has been mandated to move away from Section
  80 Committees does not imply movement away from sectors.

• There is limited capacity at the level of  Ward  Committees  and  Ward
  Councillors.  SALGA is  mooting  for  all  municipalities  to  support
  working groups: Municipal managers should work  with  Deputy  CEOs  of
  SALGA in this regard (add senior  municipal  managers  not  supporting
  SALGA).

• Full-time ward  councillors  and  CDWs  are  pivotal  to  communities.
  Councillors use their own funds  to  support  their  work.   SALGA  is
  mooting for full-time Ward Councillors  to  be  remunerated  as  well.
  There is a general  issue  of  support  to  Councillors,  which  needs
  attention.

•  Councillors  are   often   berated   by   National   and   Provincial
  Parliamentarians when visiting their localities.  There is a need  for
  greater ‘sensitivity’ in this regard.

     ▪ Preparations for 2010 Soccer World Cup:  There  is  no  specific
       programme within SALGA for 2010.  However, SALGA reported on  an
       initiative which will be required of host municipalities  –  the
       establishment  of  public  viewing  places,  with  shelter   and
       catering,  to  allow  for  viewing  by  fans,  both  local   and
       international who might not be able to afford the ticket prices.

     ▪ GCR: SALGA perceives a  need  for  better  coordination  between
       municipalities and provincial government in this regard.   SALGA
       is however working with the provincial  government  to  identify
       legacies that are to  be  to  the  longer-term  benefit  of  the
       province.

     ▪ Johannesburg is piloting the  principle  of  the  separation  of
       powers between the executive and the  council.  The  section  80
       committees will not be chaired by MMCs. They will be chaired  by
       ordinary councillors.

     ▪ SALGA proposes that measures  including  the  possible  rotation
       of staff be considered to allow for sharing of capacity.

     ▪ Local government Capacity

There is ongoing capacity-building for both Staff and politicians. SALGA is capacitating CFOs, together with National Treasury and the Gauteng Department of Local Government.

SALGA’s own internal capacity is however acknowledged to be an issue, especially in the context of demands for inputs and participation being received at short notice from various other stakeholders like the Legislatures.

Issues SALGA proposes be taken forward by the NCOP

▪  The  cost  of  implementing  the  Property  Rates  Act  needs  to  be
  evaluated / assessed.  At  present,  one  of  the  challenges  is  the
  shortage of people to conduct valuations.

▪ There is  a  need  for  constant  engagement  between  SALGA  and  the
  NCOP/Portfolio Committee to report progress on  issues  raised  during
  the engagements. SALGA has committed to extending an invitation to the
  NCOP to attend its meetings.

▪ Lack of legislative compliance amongst municipalities is  sometimes  a
  question of capacity, rather than defiance. Recommendations


▪ SALGA, the NCOP  delegation  and  the  Portfolio  Committee  of  Local
  Government should meet on a quarterly basis. The relevant chairpersons
  will facilitate the meetings.
▪ NCOP delegation should have a follow  up  meeting  with  the  MEC  for
  Local Government.
▪ A meeting should be held with the  Portfolio  Committees  of  Finance,
  Local Government and ACE regarding development applications and EIAs.
▪ The department of Local Government  should  develop  a  framework  for
  support to municipalities by SALGA and sector departments.

D. SAFETY AND SECURITY

MEETING WITH THE PROVINCIAL COMMISSIONER AND AREA COMMISIONER

Deliberations with the Provincial Commissioner formed the basis of engagements with the SAPS and oversight visits to the selected Police stations. The deliberations focused on among others:

The six months Crime Prevention plan

The Commissioner indicated that Operation Iron Fist was undertaken as part of a response to the MEC’s Six Months Crime Prevention Plan, and that all police stations were required to immediately start implementing the operation. It was further mentioned that a number of successes were already recorded in this regard.

Resources

Though there has been an increase in resources annually, resources posed a challenge in the fight against crime. Transportation for members of the SAPS was for example cited as one of the biggest challenges, as this impacts on their performance. However, the Commissioner emphasised that the available resources were being utilized efficiently and effectively.

Restructuring of SAPS with respect to Area Offices

There is no information on the state of the restructuring process; however the Commissioner indicated that the information would be available by end of September 2006.

Progress in relation to the training of detectives & prosecutors

Training for detectives is an ongoing process. This includes the provision of refresher courses as well as sending detectives abroad to learn from other countries. There is also a new training programme of mentoring, in which new recruits are mentored by experienced detectives. Each new recruit is assigned to a particular detective.

Implementation of the Intelligence driven policing model

The Commissioner acknowledged the significance of intelligence driven policing in the fight against crime. The SAPS is working hard through its intelligence team to ensure that this is enhanced.

Cooperation between the law-enforcement agencies

There is a good working relationship between the SAPS and other law enforcement agencies. Senior management meet regularly to plan jointly. The Commissioner also indicted that Metro police are also part of Operation Iron Fist, and that councillors are playing a significant role in mobilising people around the operation.

Interaction with Prosecutors in dealing with cases

The relationship between the SAPS is good. Management from both sides meet frequently to discuss issues of common interest. Also, there has been consultation with the Prosecutors on Operation Iron Fist to ensure that the courts are prepared for the influx of suspects.

Challenges

• Poor support from the Department  of  Home  Affairs  in  dealing  with
  illegal immigrants.
• Insufficient resources to effectively  respond  to  the  challenge  of
  fighting crime.

Recommendations

The SAPS at National level should ensure that relations between the Department of Home Affairs and the SAPS are established.

D. OVERSIGHT VISITS TO POLICE STATIONS

1) Mamelodi Police Station Response to the MEC’s Six Months Plan

The station managed to develop a programme in response to the MEC six months plan. This programme includes the following: ▪ The drug task team works together with schools forum and engage learners and teachers with an aim of creating awareness on the danger of drugs and other crime related activities. The Ward Councillors are also participating in this programme. ▪ Crime prevention: the station conducts patrols twice a week, in which reservists and Community Police Forums participate.

Resources

Mamelodi Police Station currently has 323 personnel and the ideal structure is 420. The station recruited 76 reservists who assist with the daily operations of the station, especially with the Iron Fist 6 months crime prevention plan. Reservists are given allowances accordingly.

Relations between the stations and the community & CPFs

There is a good working relationship between the Police and the Community Policing Forum, such that the CPF developed their own programmes to complement the Iron Fist plan. The programme includes among others, Operation Bonakgala, Sms-Thetha project and Patrol groups.

Cooperation between detectives, intelligence services & prosecutors in crime prevention

Participants in the Criminal Justice System were consulted on operation Iron Fist in order to get support and cooperation. The station is able to maintain daily communication with prosecutors and there’s cooperation with all four courts that service Mamelodi police station.

Challenges

• There are not enough personnel.
• The station has been experiencing problems with  regard  to  resources
  especially vehicles.
• There are shortcomings on the  relationship  between  SAPS  and  Metro
  Police, due to inadequate number of staff  available  from  the  Metro
  Police.
• The Station faces problems when  they  have  to  transfer  victims  to
  social welfare offices  for  further  evaluation  due  to  demarcation
  issues.
• The court  system  and  the  South  African  Police  Services  do  not
  complement each other, e.g. the priority of cases in terms convictions
  and withdrawals is not the same.
• Long passages, unoccupied houses,  long  grass  &  poor  numbering  of
  streets and houses, poor and lack of street lighting are a problem.
• The station commissioner does not  participate  fully  in  the  budget
  process.
• Not all the needs of the station are catered for in the final budget.

Recommendations

• That the station be repositioned from the state it  was  under  during
  the time of the visit.
• That the station  and  senior  management  at  SAPS  engage  with  the
  relevant structures in order to ensure a close relationship with Metro
  Police Department. 2)    Wierda Brug Police Station

State of readiness of the station in relation to the implementation of the 6 months plan

The station managed to develop a programme in response to the MEC’s six months plan. The drug task team works together with Schools forum. The members of the station participate on school visits to educate learners on issues of crime and the dangers of school bullying.

Functioning of the police stations (what are the level of resources the station requires to function at full capacity, the current level and how those resources are utilized)

The Police Station has one hundred and thirty five (135) Personnel of which twenty eight (28) of them are civilians, servicing a population of ± 600 000. The ideal structure of the station is one hundred and seventy four (174). The station is expecting new members at the end of October 2006 from the students who are currently in training.

Relations between the police stations, the Community & CPFs

There is a good working relationship between the Police and the Community Police Forums, and there’s improvement in the attendance of meetings. The station is strengthening its working relationship with various stakeholders in combating crime.

Challenges Major challenge is the Olivenhoetbosch area which has a higher crime rate compared to the other areas. Olivenhoetbosch area is located 18km from the police station and this poses a challenge when they have to attend to crime scenes; and the community also travel long distances to report crime, leading to some crimes not being reported. There are new developments within the area and resources are not adequate to cater for the entire area. The fast growing population serviced by the station was also noted, and this would strain the already limited resources at the station.

The delegation noted the following:

• The good relationship  between  the  station  and  the  community  was
  acknowledged and encouraged, noting that this would greatly impact  on
  the fight against crime.

•  The  involvement  and  empowerment  of  female  officers  at   senior
  management level.

• There is a need  for  a  satellite  station  at  Olievenhoutbosch  and
  permanent mobile stations for all areas.


• The station is located in an area that is developing rapidly


• The Victim Empowerment Centre is fully functional and is  run  by  two
  trained co-ordinators with 15 trained volunteers.


• The station is expecting more vehicles.

Recommendations

That the police station establishes satellite stations in the areas that are far from it for easy access of services by members of the public, and that these stations must be properly managed, and that the process of building a satellite station be speedily facilitated.

3) Midrand Police station

State of readiness of the station in relation to the implementation of the 6 months plan The station has a programme in place that incorporates the 6 months plan. The detectives are working on operation Letsema as well as observation duties with CIAC members. Reservists are utilized on weekends for operations. The station also formed a tracing team as part of the operation.

Functioning of the police stations (what are the level of resources the station requires to function at full capacity, the current level and how those resources are utilized)

The Police Station has one hundred and seventy one (171) personnel with thirty six (36) reservists, utilizing 45 vehicles. The station is currently serving± 250 000, based on the 2001 census statistics.

Relations between the station, the Community & CPFs

There’s an improvement on the relationship between the station and the Community Police Forum, and cooperation between detectives, Intelligence & Prosecutors in crime prevention. There is a good working relationship with prosecutors, e.g. there are weekly meetings between the station and the prosecutors.

Challenges • The station is understaffed • Escape Routes • Long grass • Lack of Street lights • Lack of interest from community • Rapid development • The growing population • Street numbers not properly on gates • Influx of illegal immigrants • No support from JHB Metro. • Transportation for police members • Heavy traffic • Lack of flying squad vehicles

Comments

• The delegation noted the following:
• The station has holding cells categorised according to gender, type of
  crime and age.
• Illegal immigrants are placed in their own cells- arrested for serious
  and petty crimes.
• Contractors employing illegal immigrants without providing  them  with
  accommodation.
• There is no Morpho-touch attached to the station.

Recommendations

• Senior Management should engage with the City Council with  regard  to
  new  developments  in  the  area  in  order  to   allocate   resources
  accordingly.
• The Area Commissioner should ensure that there’s  a  Morpho-Touch  for
  the station as there was none during the visit.
• The station management should look into  empowering  women  at  senior
  level as this is a legislative requirement.

4) Moroka Police Station

State of readiness of the station in relation to the implementation of the 6 months plan

The station has a plan that complements operation Iron Fist. The station is holding two major operations per week to address crime in the area, priority days begin from Thursdays until Sunday mornings. Crime Prevention Unit members are sometimes deployed in civilian clothing to combat street robberies. Police hold stop and search and road blocks every week and chopper operations are conducted once per week to address property related crimes. The station has established a drug task team dealing with drug related crime.

Functioning of the police station (what are the level of resources the station requires to function at full capacity, the current level and how those resources are utilized)

Moroka Police Station has 399 personnel with 90 vehicles allocated to it. The station recruited 136 reservists. There are seven (7) sectors which include two (2) hostels; each sector has a sector manager to ensure effective policing and to improve response time to complaints.

Relations between the station, the community & CPFs Sector Crime Forums, Pastors and Councillors’ Forums have been established and they are fully functional to deal with crime in the station area. Sector managers visit local churches on Sundays to discuss crime and sensitize the community on how to combat crimes. Schools also participate in combating crime initiatives.

Cooperation between detectives, Intelligence & Prosecutors in crime prevention

A team of two police officials are deployed to ensure proper and continuous relationship and communication with prosecutors.

Challenges

• No proper management of Hostels- some of the rooms are vacant such
  that they become crime spots. Some houses within the hostels are child
  headed and become drug dens.
• Budget is allocated according to the 2001 census figures
• Shortage of personnel due to promotions
• Increase of liquor stores and Taverns
• Taxi owners park their taxis at petrol stations at night
• Insufficient security measures at residential premises
• The objectives of the court are different from that of the station

Comments

The delegation noted the following; • That there’s team work in the station • The station developed a system to ensure that dockets are not lost • The Victim Empowerment Centre is functional and headed by a female officer and one (1) trained volunteer • The station is able to retain trained reservists

Recommendations

The station should look into engaging the Liquor Boards on the licensing of taverns.

1. Reiger Park Police Station

State of readiness of the station in relation to the implementation of the 6 months plan

The station managed to develop a programme in response to the MEC’s six months plan. This programme includes the following: ▪ The gangsters have formed a peace forum. ▪ The station conducts patrols twice a week, in which Community Police Forums participate.

Functioning of the police stations (what are the level of resources the station requires to function at full capacity, the current level and how those resources are utilized)

The station is a satellite station. It is very small and buildings are not user friendly and are temporary structures. With the current staff complement, they are managing but they would like to have more. The station has a victim empowerment unit.

Relations between the stations and the Community & CPFs There is a good working relationship between the Police and the Community Police Forum, such that the CPF developed their own programmes to complement the Iron Fist plan.

Cooperation between detectives, Intelligence & Prosecutors in crime prevention

    There is a good working relationship with the Boksburg  police
    station.

Challenges

• Poor infrastructure
• Poor attendance of CPF meetings
• Delayed response from the MEC’s office regarding the issue of  handing
  over of guns by the gangsters.
• High unemployment rate which leads to crime
• Too many liquor stores and churches
• Shortage of personnel

Recommendations

The erection of a new police station should be speeded up.

E. Oversight Visit to Tshwane Metro Police Department’s CCTV camera Facility

The CCTV cameras were installed in 2005 within the Tshwane CBD. There are 68 cameras operating and plans are already in place to expand the project to other areas of the city. By September 2006, areas such as Marabastad, Belle Ombre and Brooklyn would be covered. The Tshwane Metro Police Chief indicated that the city was engaging with business to solicit support on this project. It was also indicated that the city was envisaging installing the cameras on the entry points in the city.

Comments

There has been a significant decline in crime in the inner CBD as a result of the CCTV cameras, and these crimes have been pushed outside of the CBD precinct.

There seems to be good cooperation between the Metro Police and SAPS in this programme e.g. SAPS members work jointly in the monitoring and response to incidents of crime.

Recommendations

The delegation recommends that the CCTV cameras should not only cover the CBD but the residential areas as well.

F. General Recommendations

The delegation recommends that:

• The SAPS should ensure that  women  empowerment  at  senior  level  is
  implemented.
• The SAPS at National level should ensure that  relations  between  the
  Department of Home Affairs and the SAPS are established.
• All municipalities should consult with the SAPS with regard to all
  developments applications.
• The MEC should ensure that the relationship between the SAPS and the
  Metro Police is strengthened.
• Gender equity within the SAPS should be prioritised.
• Resources should be deployed to the Intelligence component of the
  Police Services.
• Municipalities should develop local crime prevention strategies which
  will include grass-cutting, elimination of long passages, street
  lights, and rehabilitation or destruction of dilapidated houses.
• There should be a strengthening of CPFs and Sector Forums.
• There should be a sharing of best practices between best performing
  and poor performing police stations.
• There should be a strengthening of networks between stations in the
  same areas.
• Management within the SAPS should be trained on public speaking.
• The budgeting process should be democratised.
• Morpho-Touch should be allocated to all Police Stations in the
  Province.
• There should be a stipend for Counsellors in the Victim Empowerment
  Centres.
• Stats SA should coordinate with government departments when preparing
  for census, in particular the SAPS.
• Resources should be deployed according to population figures
• In future, when preparing for the NCOP week a task team should be
  formed consisting of all role-players.

1. Visit to the KwaZulu-Natal Province A. Objectives

The main objectives of the of the visit were to:-

• Look at the activities of the Province.


• strengthen  relations  between  the  provincial  legislature  and  the
  National Council of Provinces (NCOP).


• Ascertain progress in the preparations for the  World  Cup  2010,  the
  readiness of the municipalities and the working  relationship  between
  the various stakeholders in the province.


•  Determine  the  understanding  of  all  the  stakeholders   and   the
  departments of the 2010 World Cup.


• Establish how decisions taken by the national government impact on the
  Provincial government.

B. Meeting with stakeholders

The delegation met with representatives from various stakeholders such a KWANALOGA, the Department of Local Government and Traditional Affairs, the traditional leaders and municipal managers.

C. Inputs by the Stakeholders

  (i)   Department of Local Government and Traditional Affairs

The mandate of the department is to support municipalities to manage their affairs. However, there is not much that has been done by the Department with regard to the preparations for the 2010 Fifa World Cup.

(ii) KWANOLOGA

Ms Molapo, Deputy CEO SALGA KZN made the presentation on behalf of the organization. She said that there had been some recent developments in KWANALOGA. On the 8th of June 2006 there was a provincial conference where a new executive committee was elected. One of the key objectives of the executive committee is to deal with stakeholder relations.

KWANALOGA has good relations with the Provincial Legislature and other stakeholders. It has been given an opportunity to comment on legislation and takes part in a number of bodies such as interdepartmental committees. It is also a member of the Premier’s Co-ordinators Forum.

With regard to preparations for the 2010 World Cup, three years ago KWANALOGA spearheaded the KWANALOGA games. The intention was that all sport codes should participate. It has identified some football players to be trained who can also be fed into the 2010 soccer team. Interprovincial games can also feed in through 2010 World Cup.

The City of Durban (Ethekwini) municipality has started comprehensive preparations for the 2010 World Cup. Arrangements are also being made to assist district municipalities through the office of the Premier, making funds available for the 2010 World Cup. KWANALOGA is reconstituting itself to assist all the 61 municipalities to ensure that the key performance areas or objectives are achieved.

(iii) Portfolio Committee on Sports

Hon. Khuzwayo made a presentation on behalf of the Provincial Portfolio Committee on Sports. The Committee conducted public hearings from 1 – 4 August 2006, which started at Ugu, Durban and Metro, Zululand Ulundi and then to New Castle. On Friday 11th August 2006 the Sports committee met to consider the inputs.

The main concerns from the communities were :

         • Whether the communities will benefit from  the  2010  Soccer
           World Cup.


         • Whether the 2010 FIFA Bill would allow people from other
           countries to bring things such as medicines from their
           countries.


         • Whether FIFA will be  controlling  the  country  during  the
           world cup.


         • That some of the municipalities were not consulted  The
           people felt that the committee should visit all the
           districts and hear the views of the people.


         • Traditional leaders were not consulted or involved in the
           preparations for the 2010 FIFA World Cup. They feel
           neglected as all the development seem to be focusing on
           urban areas such as the building of stadiums. People from
           the rural areas have to pay a lot of money to go and watch
           these games in town.  The people would like to see these
           matches played in rural areas such as Empangeni, Kwa
           Mthethwa, etc.

(iv) Traditional Leaders’ Input

The traditional leaders came to the meeting not knowing the agenda or purpose of the meeting. However, they felt that the Department of Sport as the key role player should call all stakeholders and synchronize the programme and each stakeholder should be aware of the role they should play or their responsibility. The traditional leaders will go back as the House of Traditional Leaders and plan how to approach the 2010 FIFA World Cup.

G. Challenges faced with regard to the 2010 preparations

(i) In KZN the 2010 issue is approached in a disjointed or uncoordinated manner.

ii) There  is  a  steering  committee  from  the  Department  of  Local
    Government and Traditional Affairs, in the office  of  the  Premier
    and also other Provincial Committees.

iii) The focus in all the discussions and preparations is on 2010 and not beyond. Furthermore, the stakeholders focus on the infrastructure like stadiums and not other associated infrastructure such as roads and hospitals.

iv) The other loophole in the preparations is that  the  South  African
    Football Association (SAFA) has not been engaged.

Recommendations

On the issue of 2010 World Cup, there should be a more focused meeting between the affected committees and the various stakeholders soon, to discuss issues.

The chairperson of the Portfolio Committee on Local Government and Traditional Affairs in the provincial legislature should coordinate a meeting with the chairpersons of the Portfolio Committees on Sport and the Premier Portfolio Committee as soon as possible to try and address the challenges and improve communication between the stakeholders.

E. Meeting with the Speaker, Chief Whip, Chair of Chairs and Whips from all parties

  Hon. Oliphant outlined the following objectives of the visit:


  (a)    The  National  Council  of  Provinces  (NCOP)  in  this  year’s
      provincial  week  decided  to  send  permanent  delegates  to  the
      provinces to try and synchronize the  relations  and  to  try  and
      tighten up loopholes that may be there.


  (b)   With regard to the FIFA Bill before the NCOP, the delegation has
      learnt that the province has  conducted  public  hearings  on  the
      Bill.   The  delegation  would  also  like  to  know  whether  the
      leadership of the Legislature is monitoring that process.


  (c)   He appealed to the leadership of the legislature that whenever a
      S76 Bill is debated in the NCOP, special delegates  should  attend
      those sessions to give an explanation or an idea on  the  decision
      of the province  whether to vote for, against or abstain.


  (d)   Furthermore, when there are debates on budget votes or issues of
      public interest in the NCOP, the MECs and the leadership are  also
      requested to attend.


  (e)   In exercising oversight over the Executive, the  purpose  should
      be to assist the Executive and not to focus on the achievements.


  (f)   The province is also requested to monitor the implementation  by
      Provincial Departments of legislation passed by Parliament. One of
      the reasons  for  that  is  that  if  such  legislation  has  some
      loopholes,  the  legislature,  through  permanent  delegates,  can
      recommend amendment of such legislation.


  (g)   The province is  also  encouraged  to  familiarize  itself  with
      section 76 legislation, whenever such  legislation  is  tabled  or
      introduced in the National Assembly. This will enable the province
      to be able to effectively deliberate by the time  the  legislation
      comes to the NCOP because it will be familiar with its content.

Concerns raised by the Province

   a) The provinces are invited to attend debates in the NCOP,  but  are
      then given only five or ten minutes in debates.


   b) Timeframes for the Bills from NCOP to the provinces is a matter of
      concern. Provinces are not given sufficient time  to  process  the
      Bills.  Sometimes they do not follow the Cycle, but are just fast-
      tracked.


   c) When presenting submissions or mandates to NCOP Select Committees,
      the  provinces  are  told  there  is  no  time  to  discuss   such
      submissions.


   d) The NCOP does not provide provinces with the supporting  documents
      that they receive  from  the  departments,  and  submissions  from
      stakeholders.


   e) Clash of periods  of  considering  departmental  budget  votes  by
      Parliament and Provincial Legislatures.


   f) The Parliamentary Portfolio and Select Committees visit  provinces
      without checking the program of the provinces’ committees.


   g)  Many  of  the  meetings  between  the  permanent  delegates   and
      provincial members of the legislature do not progress in terms  of
      addressing or correcting the problems.


   h) There is also  a  problem  in  the  province  where  some  special
      delegates go to the NCOP and present their parties’ views  instead
      of those of the province.


   i) Cancellation of meetings (such as  joint  rules)  are  problematic
      such that they amount to a waste of time and money for provinces

Recommendations

 a. Whenever there are briefings in the provinces on  legislation,  the
    MEC, or if he/she is not  available,  the  provincial  departmental
    officials should attend to assist and brief the provinces  as  they
    receive the information in the MINMECs.


 b. Coordination and programming of activities should be reinforced  in
    order to strengthen communication.


 c. There is a need to improve on the manner of functioning


 d. Regarding oversight visits, the province should make sure that when
    joining national committees there is a measurable outcome.


 e. There must at least be a special delegate that permanently  attends
    the Joint Programme Committee meetings in Parliament.


 f. The MECs’ are requested to  attend  NCOP  debates  where  they  can
    participate rather than attend National Assembly (NA) debates where
    they just sit in the gallery.

F. Meeting with Premier and Cabinet: Cecil Emmett Hall

The permanent delegates met with the Premier and the Cabinet on Wednesday, 16 August 2006. The Premier welcomed the delegation and the delegation outlined the purpose of the visit.

The MECs raised the following concerns:

➢ The MECs do not get invitations to attend debates in Cape Town.
➢ Sometimes if they get the invitations, it is not clearly stated what
  is expected of them and they only become aware when they arrive in
  Cape Town that they should make a presentation.  The lines of
  communication/systems must be rectified to prevent these occurrences.
➢ The time allocated in the debates for MECs to make presentations is
  insufficient.
➢ The MEC for Sports is unable to attend the NCOP debates because his
  party does not qualify for special delegate.

G. Meeting with Local Government and Traditional Affairs stakeholders: Mondlo Stadium

Various stakeholders raised concerns on issues of local government and traditional affairs which include the following:-

(a) The abuse of power by some traditional leaders. For example, some traditional leaders are selling land to municipalities without consulting the persons involved.

(b) There is lack of consultation by ward councillors on budget issues.

(c) Ward councillors refuse to work together with the elected ward committees.

(d) There is confusion among the people on where their loyalties should lie where two chiefs claim to have jurisdiction in the same area.

(e) Councillors do not serve the interests of the whole community equally. Preference is given to their own political parties.

(f) Eskom, together with the Abaqulusi municipality refuses to accept responsibility of electrifying the rural areas of Mondlo.

(g) The Abaqulusi municipality spends big amounts on projects that are not visible to the communities.

(h) There is still a problem of water and sanitation and roads, especially those leading to the blood river and the Nquthu road.

H. Economic development

The MEC for Economic Development addressed the people.

The following concerns were raised by the people:

a. There is no butchery in Dumbe; people had to go to town to buy meat. b. Out of sixteen co-operatives in Mondlo, only one was recently financed. c. No training in rural areas e.g. Ulundi d. The instalments that are supposed to be paid to Ithala are too heavy and unaffordable. e. The Health Department was requested to market the Imbumba co-operative as they are doing disposable nappies, toilet rolls etc. f. How does Ithala help in cropping problems that were not in the original business plan? g. Ithala demand instalment from the first month, in most cases before any profit is realised. h. Certificates were promised after the training was done on co-operatives but they were never issued.

The MEC responded as follows:

1. A business plan should be submitted for a butcher co-operative and will be financed by Ithala when a clear business plan is submitted.

2. When doing business plans thorough research must be made.

3. Ithala would request for the first instalment in the fourth month.

I. Arts, Culture, Tourism: Cecil Emmet Rugby Stadium

Crafters of Zululand

Challenges:

-Lack of funds -Mondlo area is very remote and requires an office -People do not know where SARS office is -Finance and training

J. Premier’s Imbizo

Purpose of the Imbizo

The MEC for Agriculture Chief Ngubane outlined the purpose of the Imbizo. He said that the Premier and the Cabinet took a decision to interact with people and explain the programmes of government.

According to the contract with the people they promised to come to the people often, not only during elections, to get what the people say and explain the programme of government especially those of the departments, and to discuss everything that affect the lives of the people being health and economic development, local government etc.

Issues raised by the community

The community raised the following issues:

➢ Escalation of crime in the area to the extent that some  people  sleep
  outside their houses to guard their cattle, sheep and goats.


➢ Abaqulusi municipality – does not consult people when passing  budget.




➢ Revival of old debts by the municipality.


➢ Police work with political parties.


➢ Lack of roads and bridges especially from Blood River to Mondlo.


➢ Non-availability of electricity, housing and water and sanitation.


➢ Farm workers are unable to  bury  their  relatives  because  the  farm
  owners refuse them the right to bury them on the farms.


➢ There is only one lawyer for the whole Zululand district to attend  to
  land issues who is stationed in Pietermaritzburg.


➢ Problem with other traditional leaders selling government land to  the
  people.


➢ Schools are far from farms.


➢ People are employed according to party allegiance.


➢ There is no clinic in Ward 15. People have to walk long  distances  to
  the clinic.


➢ HIV/AIDS volunteers need resources/equipment.


➢  People  applied  for  grants  in  social  development  in  2004,  the
  scorpions took files, never heard anything until now.


➢ High rate of teenage pregnancy at schools specifically by educators.


➢ Ulundi Parliament buildings are not used.


➢ Closed teachers’ colleges should be re-opened.


➢ There is no arts centre in Mondlo.

Input by Prince Mangosuthu Buthelezi

Prince Buthelezi, Inkosi of the Buthelezi clan and Undunankulu kaZulu made a presentation on behalf of the traditional leaders. In his presentation he commended the Premier for the invitation to the imbizo. He also highlighted the problems faced by the traditional leaders in the province. The main problem is absence of communication between the Premier and his Cabinet and the traditional leaders after more than two years since the provincial government acceded to power in the province.

The traditional leaders tried to secure a meeting with the Premier and the MEC for Local Government and Traditional Affairs but without success. In some cases the traditional leaders met with the President of the country to raise their concerns and the President sent Minister of Provincial and Local Government, Minister Mufamadi and Inkosi Mzimela to see the Premier concerning the issue of traditional leaders. The traditional leaders were concerned about the unavailability of the Premier.

Response by the Premier

In his response the Premier mentioned that there were water projects in the province. The goal is that by December 2008 every household in the province will have access to water. By the year 2012 every household should be electrified. The Premier also thanked Dr Buthelezi for attending the Imbizo which showed his respect for the provincial government.

The Premier promised that there will be peace in KwaZulu-Natal. He requested all parties in the province to unite and go to Chief Albert Luthuli’s 40 years celebrations as a united force. The Premier promised Dr Buthelezi that he was going to find some time in his busy schedule to meet him for further discussions.

K. Evaluation and Assessment of the Provincial week

On day five the permanent delegates met with the Deputy Speaker, the Chief Whip, the Chairperson of Chairpersons, the whips from all parties and the Standing Committee on NCOP.

The purpose of the meeting was to evaluate and assess the trip and the success of the meetings held with various stakeholders. During the evaluation it was agreed that there is a problem of lack of communication and coordination between the stakeholders especially the NCOP and the Legislature. There is also no proper coordination between various stakeholders in preparation for the 2010 FIFA world Cup.

The other challenges raised were that Parliamentary Committees both from the National Assembly and the NCOP decide to visit provinces without taking into consideration the programmes of the provincial committees. The members agreed that these challenges should be addressed and corrected.

1. Visit to Limpopo Province

   The delegates met with relevant stakeholders, including the clinics, NGO’s, home based care facilities and various projects. The delegation set out to ascertain the following:

           • whether any progress has been made in service delivery;
           • the challenges faced at the various projects visited;
           • to get feedback from the communities on whether things have
             improved for them.
   

   A. Issues that arose from the two meetings held with the Executive Council and Members of the Provincial Legislature

   During these meetings, which were chaired by the Hon MJ Mahlangu (Chairperson of the NCOP), he re-iterated the need for better communication and co-operation between the Provincial Legislature and the permanent delegates of the Province.

   The Hon Mr MJ Mahlangu stated that it is of paramount importance that Members of the Provincial Legislature and permanent delegates function as a single unit, ensuring that the interests of the Province are properly represented especially when it comes to legislation affecting the Province.

   Hon MJ Mahlangu acknowledged that it is not always possible for Members to meet in person due to travelling constraints, informing everyone present that the NCOP is currently busy setting up a media / video conferencing network facility. This will enable Members and Presiding Officers to liaise and consult with the Provinces on a regular basis without inconveniencing anyone.

   It was further suggested that this type of meeting between the permanent delegates and the Provincial Legislature should be held twice yearly, discussing issues affecting the Province and how the Province is represented in Parliament.

   Concerns raised by Permanent Delegates • Permanent delegates serve on different committees in the NCOP and should be kept informed by the province on issues, decisions taken in provincial committee meetings and the views / opinions of the Province on matters. • Permanent delegates should be involved in Provincial Committee meetings, public hearings and other activities in the Province. • Proper co-operation should be afforded to Permanent delegates not belonging to the ruling party when they come to brief the Provincial Committee. • There should be proper co-ordination of Legislative and Parliamentary programmes. • Questions raised to the Executive by permanent delegates in the NCOP should come from the province, as they are representing the province. • Special Delegates should be present in the NCOP when matters affecting the province are being debated, also bringing subjects for debate.

Concerns raised by the Province

    • Documents and all relevant information from  the  NCOP  should  be
      made available to the Province on a continuous bases.
    • Any provincial visit to the Province should not  be  done  at  the
      last hour, resulting in criticism to  the  province  for  not  co-
      operating.
    • The two Houses of Parliament should inform  each  other  regularly
      when it comes to visits to the province, as in  some  cases  there
      are duplication of visits. This in turn has a negative  effect  on
      the budget of the province as these  duplicated  visits  were  not
      budgeted for.
    • The Province does not have committees  for  all  departments,  but
      should still be kept informed on matters affecting  the  province.
      There is a need for delegates in the NCOP to  consult  and  engage
      Chairperson of provincial committees on issues.
    • There is a need for  proper  communication  and  co-ordination  of
      Legislative and Parliamentary programmes.
    • There is a need for the province to  be  more  involved  and  give
      input when it comes to Section 75 bills, as this does  affect  the
      province. The province should be notified  timorously  when  Bills
      are discussed in meetings and in the House.
    • There should be  a  steady  and  continuous  flow  of  information
      between  the  NCOP   Presiding   Officers   and   the   Provincial
      Legislature.
    • Parliament should be more  sensitive  towards  issues  within  the
      province and not criticise the Province during public hearings for
      non-performance without knowing all the facts.

Outcome of meetings

The need for better communication and co-ordination was noted by all present with the following recommendations:

    • Members in both the NCOP and Provincial  Legislature  should  have
      the relevant contact details of their counterparts, informing them
      immediately of any developments affecting the province.
    • As challenging as it may be, MECs  must  attempt  to  attend  NCOP
      Provincial Caucus or send someone to represent them so  as  to  be
      informed.
    • NCOP delegates should when necessary inform the Province about the
      caucus agenda so that the MECs are better prepared when  attending
      caucus meetings.
    • Permanent delegates should also be able to request briefings  from
      provincial committees on matters before  Parliament  that  affects
      the Province.
    • Basic documents should be made available on  a  continuous  bases,
      enabling the relevant parties to respond and  raise  questions  in
      the House.
    • Better use should be made of the liaison officer situated in Regis
      house, as that office  should  be  the  key  to  keeping  everyone
      informed on a regular base.

B. Meeting at the Parliamentary Village with NGOs and CBOs dealing with Child Headed-Families and HIV/ Aids

Due to time constraints Members and all organisations present were not able to engage each other properly, whereafter a request was made that all questions and requests be put in writing and submitted to the Provincial Liaisons Officer who will do follow – ups.

Those organisations present were given the opportunity to give a background of their organisation and submit profile documents to that effect.

Itshepheng Community Health Care & Aids Educators (ICARE)

The aim of the group is to promote positive living style while partnering in the fight against HIV / AIDS, teenage pregnancy and drug abuse, addressing the needs of the youth within the community.

Vision

ICARE is primarily committed to rural regeneration, empowerment, social skills development and prevention of HIV / AIDS and other chronic diseases, and support of abused victims through:

            • Provision of community health  awareness  programmes  and
              provision of counselling;
            • Developing direct contact and support programme
            • Directly Observed Treatment Short-course (DOTS) programme
              to TB patients and other chronic illnesses;
            • Motivating and promote openness to HIV  /  AIDS  victims;
              and
            • Support to the terminally ill community members


  Mission

ICARE strengthens the sense of partnership in order to root out poverty, poor home health care and silence of women and child abuse cases, which contributes a great deal in the spreading of HIV / AIDS and other chronic illnesses. This is achieved through health care, life skills development, awareness campaigns and support services to individuals, groups and society.

Challenges

There is a need for financial assistance to sustain the programme, which happens to be the first in the municipality of Fetakgomo.

Sentahle Community Home Based Care Organisation

The organisation was established on the 1st June 2001 and is based in the Capricorn district of Polokwane. Due to the high mortality rate in the Province and the inability of the hospitals to cope with the high number of admitted patients, the organisation embarked on a project to provide home based care which has proven to be cost effective.

Objective

The organisation is devoted to giving care and support to orphaned and vulnerable children, HIV / AIDS, TB affected clients, child headed families and poverty stricken families including:

▪ People suffering from terminal illness; ▪ Aged and frail; ▪ People with mental or physical disabilities; ▪ Drug abusers; and ▪ Any disadvantaged group or person in need of care

Challenges

The shortage of health care professionals assisting patients in the clinic, medical supplies and funding.

Belabela Community Co-ordination Centre for Home Based & Orphan Care

The organisation was established in 1996 by the BelaBela Welfare Society,

Mission

To provide care and support to HIV / Aids infected and affected people in the community.

Activities

▪ Prevention and awareness campaigns ▪ VCT counselling and ongoing counselling ▪ Care for orphans and vulnerable children ▪ Training and Piloting of projects ▪ ARV treatment and roll out in the community

Achievements

  ▪ Campaigns are rendered to Churches, Schools, etc
▪  More  than  17000  people  have  been  tested  and  receive   ongoing
  counselling and support
▪ Yearly 200 terminally ill patients receive  HBC  provided  by  trained
  community volunteers
▪ Presently 315  orphans  and  vulnerable  children  are  assisted  with
  educational issues, nutrition and social support
  ▪ Training and Piloting to outside  communities  in  other  Provinces
    and
  relevant training to set up their own community based programmes

Challenges

▪ Keep track with demand for services ▪ Training of new and current staff ▪ Keeping in touch with community needs ▪ Funding and future security for the programme ▪ Accommodation upgrades

C. Projects visited

Lepelle Nkumpi Housing Project

The project was approved in 2005/06 with a budget allocation of R 6 385 800 for the completion of 200 units. To date 125 units have been completed with an amount of R 3 409 460 being utilised.

Observations from the delegates

Most of the houses visited by the delegation displayed poor workmanship, shoddy materials, cracks and opening in walls. A very serious concern raised by the delegates was the fact that people were now expected to stay in these inferior buildings that could pose possible threats to the young and the elderly.

The relevant authorities should be notified in order to remedy the situation.

Lafata Agricultural Youth Project (LAYP)

The LAYP was started in 2004 and is made up of 15 beneficiaries (7 male & 8 female), who were unemployed at the time but had a passion for farming. The Project is funded with a government grant and is registered as a trust.

The project is situated on a 407 hectare farm called Lisbon, which is 4km South West of the town called Mokopane. The farm was purchased by the Limpopo Department of Agriculture through the LRAD programme at a cost of R 1 050 000.

Objectives

▪ To empower beneficiaries with the management and farming skills
▪ To create meaningful job opportunities  for  beneficiaries  and  local
  residents
▪  To  supply  the  local  market  with  fresh  quality  and  affordable
  products

Accomplishments to date

 ▪ De-bushed a 55 ha area
 ▪ Drilled two additional boreholes for irrigation purposes
 ▪ Constructed 8 broiler houses with a capacity  to  carry  1000  birds
   each
 ▪ Completed a plan which has been approved for a chicken abattoir
 ▪  Completed  earth  works  for  the  construction  of  a   controlled
   environment broiler house
 ▪ Laying of water pipes for the water reticulation to  chicken  houses
   is in process
 ▪ Construction of ablution facilities is in progress
 ▪ Construction of a marketing pen is in progress

Activities still to be undertaken

▪ Construction of a chicken abattoir
▪ Installation of a drip irrigation system
▪ Construction of the controlled environment broiler house
▪ Goat production

Challenges

▪ Lack of communication between beneficiaries  and  the  officials  from
  the Department of Agriculture
▪ Beneficiaries who are absent from the project
▪ The absence of the trustees from the project

Observations from the delegates

The extension officers from the Department of Agriculture should visit the project more often and arrange for the necessary skills training that members of the project require.

It is highly irregular that so much money was invested into this project and yet the project has no constitution or founding document to guide members of the project. The delegation also found it strange that the Department has allowed the trustees of the project to be absent for such a long time, preventing the members from opening a bank account to deposit the proceeds of transactions.

The delegation recommends that the Department takes the necessary steps to have the current board of trustees dissolved and form a new board, whereafter a bank account must be opened in the name of the trust.

EPWP Fencing Project: D4045, D4295 & D1547 This project entails the erection of an animal-proof fence on both sides of the road for a distance of 111.7 km starting from the bank of the Lepelle River and ending at Motetema Township by labour intensive methods.

The project is situated in the Sekhukhune District Municipality and runs through the following local municipalities in that area: Makhuduthamaga and Greater Groblersdal.

The project started on the 1st January 2006 and is expected to be completed on the 6th October 2006. To date 191 people have been employed with the amount of R 4 000 000 allocated to the project.

Observations from the delegates

The delegates were happy with the progress made at the fencing site.

Makumeke Integrated Enterprise (Vhembe)

A baseline community study was conducted in 2002 for problems and needs identification. The whole community was involved in this exercise, where the need was found to be employment and wealth creation.

The enterprise combined poultry and vegetable production and currently occupies an area of 3ha for poultry and 60ha for vegetable production.

Challenges

▪ Poor soil fertility management, resulting in low yields
▪ Soil erosion associated with degeneration of production fields
▪ Lack of knowledge as to how to break the poverty cycle

Observations from the delegates

Despite the challenges that the members of the project faced, they managed to turn the project around and make something meaningful of the project that was able to support and feed their families.

The delegates also noted the dedication of the extension officers in assisting the members of the project where necessary, complimenting them for their hard work and dedication.

Murunwa Bakery Project

The project was initiated by the Department of Health and Social Development, Nutrition Directorate during the 1996/97 financial year. The project was funded with the capital amount of R 6000 in order to phase out food hand outs as a strategy to discourage the dependency on food hand outs.

The objective was to alleviate hunger and improve the status of nutrition through developmental projects and nutritional education in the district. The target group was the poorest of the poor in the disadvantaged villages, namely; Murunwa, Matshavhawe, Tshitavha and Tshedza.

The project initially started as a vegetable garden and developed into a bakery with 8 female beneficiaries.

Challenges

▪ High electricity bill
▪ Transport
▪ No tender to supply bread to Hospitals and Health centres for the
  current financial year.

Observations from the delegates

Members of the delegation were of the opinion that something was afoot at this project, as responses to questions posed to the Departmental official were very vague. They observed the following:

▪ The project was not visited  on  a  regular  bases  by  the  extension
  officers
▪ The Department, through its extension officers  did  not  monitor  the
  project and assist them with proper bookkeeping.
▪ Why did the Department allow the tenders  to  lapse,  when  they  knew
  that it was up for renewal? The members of  the  project  should  have
  been properly advised.
▪ Why did the Department  allow  members  of  the  project  to  spend  a
  monthly amount of R 1500 on transport, whereas  the  Department  could
  have tried to assist with transport somehow?

The delegation was informed that the projects tender to provide bread to clinics will be renewed, which was the first time the project members heard of this. The Departmental Official was requested to provide written proof that the tender will be renewed and that extension officers should visit the project regularly.

Seleka Home Based Care

The Seleka Home Based Care was established in 2001 with the aim of providing support, care and training to individuals. The project is located around Ga-Seleka area which covers 13 rural villages namely: Matlhahedi, Kauletsi, Letlora, Lerupurupuing, Moong and Segale.

The organisation is being managed to establish a Home Based Care project with and for the community, with the number of beneficiaries increasing on a monthly bases.

Objectives of the project

▪ To provide basic care for patients at home, focusing  on  HIV  /  AIDS
  and other chronic illnesses
▪ To provide basic care for orphans and vulnerable children
▪ Train caregivers to provide quality care and support
▪ To provide support to TB patients and affected families
▪ To provide health education to the affected communities
▪ To provide nutritional support to patients
▪ To monitor the smooth running of the Drop-in-Centre (Orphan Care).

Observations from the delegates

The delegates were happy with the progress of the home Based Care Centre and very impressed with the facilities being built and services rendered.

They were glad that the community was being serviced by such a well organised Home Based Centre, reiterating that people’s lives are being changed for the better.

Vongani Child and Youth Care Development Project

Vongani Youth and Child Care Development Project was established in 2001 and registered in 2002 as a Non Profit Organisation. The project was established after the problems of teenage pregnancy and school dropouts were identified. The organisation was focussing more on issues related to child and youth care activities i.e. Children’s rights and Youth at Risk Programme.

During 2002 a need was identified for information about a Victim Empowerment programme, addressing the issue of child abuse, domestic violence and substance abuse. Vongani is now doing referrals, debriefing and continuous counselling to homes through home visits.

Objectives

▪ To have a One Stop Centre
▪  To   strengthen   partnerships   with   communities,   organisations,
  institutions in civil society and the government sector.
▪ To support the community through home visits
▪ To educate the community about  chronic  diseases  including  HIV  and
  AIDS
▪  To  promote  the  establishment  of  entertainment   facilities   for
  children and youth
▪ To respond to all forms of violence and  empower  women  and  children
  and come up with effective strategies to deal with  victims  of  crime
  and perpetrators
▪ To offer training in skills development for youth and women
▪ To promote awareness, knowledge  and  understanding  amongst  children
  and youth

Challenges

▪ Proper capital funding for vehicle and building structure
▪ Retention of professional and skilled staff

Observations from the delegates

Due to time constraints the delegation was not able to properly engage members of the project. They were, however, given an opportunity to give a background of their project and submit profile documents to that effect.

Lepellane Catchment Project

The Lepellane catchment was initiated during 2004/05, as a result of water shortages at the lepellane irrigation scheme since 1990. As a result of water shortages, 250 small scale irrigation farmers could not continue with production. The catchment area covers 34 villages under the leadership and guidance of 32 Magoshi (traditional leaders).

During an investigation it was discovered that the dam has silted to 80% of its capacity, and the municipality was approached for assistance. It was later discovered that the irrigation farmers were not the only people affected, as an area of 78 000ha covering Fetakgomo and Makhuduthamaga on the upper catchment area was also prone to erosion.

After much consultation with stakeholders, different Departments and Municipalities, it was agreed that desilting the dam would not solve the problem. It was agreed to construct a conservation structure on the upper lying areas before desilting of the dam could commence. The funding amount of R 4 100 000 for the first phase was granted during 2005/06.

Institutional Arrangements

A committee of 10 members was established on 23 April 2005 comprising of five members from each of the two municipalities, with a project co- ordinator from each municipality. Two members of the District Land care committee serve as advisors to the committee.

Awareness creation

As a result of members attending two Planning-for-Development workshops, the Lepellane committee was able to host awareness campaigns throughout the catchment.

During 2005/06 the committee succeeded to create awareness at 24 villages (9 in Fetakgomo and 15 in Makhuduthamaga).

Soil conservation

23 Gabions of different sizes were constructed. Fencing

A 26km fence for the division of grazing from arable lands was constructed.

Bush Encroachment

45 hectares of Fern trees in the grazing areas have been brought under control.

Partnerships

▪ Department of Public Works
▪ Two Local Municipalities
▪ Department of Water Affairs
▪ Department of Economic Development, Environment and Tourism
▪ Agricultural Research Council (ARC)
▪ Department of Education
▪ Tompi Seleka Agricultural College
▪ Green Growth

Future Plans

▪ Desilting of the dam
▪ Construction of Gabion Structures for soil conservation
▪ Construction of waterways
▪ Construction of contour banks
▪ Planting of Vertivae and Sisal
▪ Construction of storm water banks
▪ Construction of fences
▪ Control of bush encroachment
▪ Capacitate beneficiaries
▪ Create jobs through the Expanded Public Works Programme.

Observation from the delegates

Members of the delegation commended the members of the project for their hard work and dedication. It was further suggested that the project should be discussed at a political level in order to make it a pilot project.

1. Visit to Mpumalanga Province

A. Findings

Meeting with MEC J L Mahlangu –Department of Local Government and Housing and Leader of Government Business.

The permanent delegates outlined briefly the objectives of the visit as to: - check the problem of in-complete houses, and how the department is dealing with those who could not finish the work. - assess how far is the department with the eradication of Bucket system in the Province - raise a concern over the minimal participation of MECs in IGFR – Public Hearings Budget Debates in the NCOP.

MEC JL Mahlangu responded as the Leader of Government Business to the issues raised by the Delegation. He admitted that the attendance was poor in Budget Debates due to clash of programs, NCOP’s programme with one of the Province.

The leader of Government Business also explained that MECs invited by Select committees to account are constitutionally not obliged to honour the invitations. He also raised his dissatisfaction in the manner in which the NCOP handles this matter. It was agreed that further discussions on the matter would be pursued.

Department of Local Government and Housing

Three senior officials from the Department accompanied MEC JL Mahlangu. The MEC mentioned that there were 17 840 incomplete houses and +- 6 000 completed. The rebuilding of incomplete houses is costly. The Department of Housing has allocated R108 173 320 towards this program. Small contractors who were involved in unfinished work and those who fraudulently made claims are facing legal action and were off-loaded from the system. Due to incompetence of small contractors, the Department appointed big contractors to do the work and the small contractors are subcontracted.

Eradication of the Bucket System

The Department has eradicated the Bucket System in most municipalities. The outstanding area is in Delmas where there is a shortage of land and the Department was negotiating for land to be made available for people to be relocated. Municipal workers who serviced the buckets in the past were redeployed to do maintenance work for the new toilets.

Visit to Albert Luthuli Municipality – Silobela Township -Carolina

The Delegation visited Silobela Township to observe the eradication of the Bucket System. Complete eradication of the bucket system in Silobela. Toilets are waterborne and water is recycled for consumption and purified water flow back to the river nearby. Health inspectors visit the place regularly.

Ekulindeni

One of the areas where bucket system toilets has been eradicated.There were 330 VIP toilets; they are structured in a way that they could be converted into waterborne sewerage system in future.

Municipality No of Toilets completed |Dipaleseng |1146 | |Lekwa |1201 requested and identified 973 | |Msukaligwa |1090 | |Albert Luthuli |5140 | |Govan Mbeki |3383 | |Delmas |350 |

Meeting with the Head of Department (HOD) of Sport, Culture, Arts and Recreation, Mr EJ Magagula.

The delegation outlined the objectives of the Provincial Week, as amongst others, to: assess readiness of the province regarding the up-coming 2010 World Cup.

The HOD responded that FIFA has allocated R2, 2 Billion to SAFA. FIFA had already established offices in the country. Dr Jordan CEO has briefed officials. The Province has interdepartmental committee of six (6) MECs. Department has come up with Sectoral Structure. In the office of the Premier, the DDG has also been appointed to manage all business pertaining to 2010 World Cup. The Department has appointed a Director specifically to deal with 2010 World Cup preparations in the province. Swaziland and Mozambique have been roped in to participate.

The building of a stadium should commence on 1 September 2006 and there are two schools that need to be relocated. The Province held a Soccer Indaba with all stakeholders so that they could input into the preparations of 2010 World Cup.

CHALLENGES

Generally, the province is faced with the challenge of resources for the building of Sports facilities. The actual challenge is that funds meant for sport facilities are not ring-fenced, they are lumped into the Municipal Infrastructure Grant (MIG) and they are often used to finance other pressing MIG projects and thereby sport facilities lose out.

With regard to the development of the game of soccer, the Province is looking at having at least two (2) players in the Bafana-Bafana team by

1. It has introduced Mayoral Cups in all municipalities so that children can start immediately to be involved in sport. Each Municipality has a Sport Facility for which they are trained to look after.

Compounding the problem of accommodation is the question: what will all these facilities be used for after the World cup. The Province needs to come up with tourism packages and intensify participation in sport.

Accommodation is the problem in the Province. There are often not enough facilities to accommodate patrons attending massive events. Part of the solution might be that people need to come up with Bed and Breakfast establishments.

Meeting with the Head of Department (HOD) of Education and his team

The NCOP Delegation outlined briefly the objectives of the Provincial Visit as to: - assess challenges in Scholar Transport - check the readiness for Matric examinations - assess the implementation of no-fees schools policy as stated in the recent legislation - check implementation of School Nutrition program - check infrastructure in schools (whether there are learners taught under trees).

CHALLENGES IN SCHOLAR TRANSPORT

The Department acknowledged that there are problems with the scholar transport in the province. There is a phenomenal escalation of costs in this program resulting from fraudulent claims by some service providers in collusion with certain officials. In 2001/02 the budget was R10 million and when the costs escalated to R59 million in 2005 the cabinet decided to investigate and appointed Price Waterhouse Coopers to do the probe. There was over-claiming of more or less R6 Million. The Department investigated and some officials were found guilty and disciplined. The Department introduced a Supply Chain Management that replaced the Tender Board. The scholar transport had 435 routes and 51 are expiring by December 2006. They transport 54 000 learners. The Department paid out R176 Million, R17 million are unpaid claims and the sum is R193 Million.

The routes went out on Tender and there was a demand for temporary routes and that caused problems. Letters were sent out to extend temporary routes and it opened up for fraud. More routes are to be cancelled as schools in farms are closing down due to decline of learner numbers. The service providers who won tenders then claimed that the department promised them not to tender until 2007 and now are taking the Department to court.

After submitting the interim report, the Cabinet resolved that the investigation should go in-depth and pinpoint culprits as well as the extent of loss suffered by the Department due to the fraudulent activities. The appointment of Price Waterhouse Coopers was extended for this purpose and the Department is still waiting for the progress report due in three months time. The Department promised that by March 2007 tenders would be in place.

READINESS FOR MATRIC EXAMINATION

About the improvements of Matric results, the Department has formed a unit called Ayihlome Ifunde for all under- performing schools. It is new and is still employing staff. There were 157 schools that had a pass rate under 50%. After investigation it was found that Management in schools was the problem. Departmental officials were deployed to assist principals who were not coping but there were still problems because they also had their jobs to do. The Department had liaised with the University of Pretoria to offer orientation to 450 teachers of the Province because they lack mastering of content. Learners are attending Saturday classes and extra classes during school holidays.

INFRASTRUCTURE AT SCHOOLS

The Department of Education has a turnaround strategy for infrastructure service delivery 2006/07. It has a backlog of approximately 4000 classes and up to 7 500 when includes unsafe and unsuitable structures. In the MEC’s budget speech that it will deliver 709 classrooms, 1291 toilets and provide 85 schools with water and provide 40 schools with electricity.

Meeting with the Speaker, YN Phosa and Deputy Speaker BJ Nobunga

The Delegation briefed the Speakership about the aim of the visit as follows: - Functioning of Regis / Constitution House needs to be strengthened, especially the capacity of the Liaison Officers who are mostly doing administration and not assisting politically and in processing bills - A researcher is needed at the Regis/ Constitution House because of the vacancy caused by resignation - The New six weeks cycle - Uniformity on Provincial Mandates - Questions and Motions - Leadership in Regis/ Constitution House - Opening of Legislatures - Clarity on coordination between the NCOP and the Legislature - NCOP office in the Legislature

RESPONSES AS FOLLOWS:

CONSTITUTION HOUSE

Constitution House needs to be beefed up as Liaison Officers are tasked with administration. Research capacity is not only needed in Constitution House but in the Legislature as well. Legislature needs to prioritise the appointment of a researcher, as it is a very essential resource.

It was mentioned that Provincial Whips are the leaders of the Provincial delegations. They are supposed to work with Liaison Officers to communicate with the province.

SIX WEEKS CYCLE

The province welcomed the six weeks cycle as they will be able to conduct public hearings effectively.

QUESTIONS AND MOTIONS

Legislature leadership needs to look at the proposal on how to conduct the process and procedures to deal with questions and motions. Below are some of the matters which permanent delegates need to take up:

In the meeting with the Finance and Fiscal Commission (FFC) it was stated that Mpumalanga Province carries financial burden as trucks carrying coal pass through Gert Sibande Region and destroy roads. 80% of entrances to Kruger National Park are in the province and people who grew up in the province and have spent their productive years in Gauteng Province, come back to the province when they are on pension and that also affects financial growth of the province.

PROVINCIAL MANDATES

Uniformity is needed when it comes to Provincial mandates. Speakerships were not aware about the Draft Mandate Bill that was before the NCOP.

The province is experiencing problems with the Joint Tagging Mechanism (JTM) as State Law Advisers tag bills as Section 75 whereas they have provincial interests e.g. in the Cross Border Bill, the province was not pleased because they were not given an opportunity to hold Public Hearing as the Bill was tagged Section 75. Some bills came from the department tagged. The Province felt the need to play a role in the tagging processes.

Bills that take long in the National Assembly, and come to the NCOP with the request to be fast-tracked do not do justice to the NCOP. The province feels that there must be a horizontal communication so that if there is a problem in tagging as it happened to the 2010 FIFA Bill, which resulted in splitting the bill, it could be avoided.

The Speaker raised a concern that permanent delegates are not visible in the province, however, clarification was made that primary responsibility and duties are in the NCOP as provided in constitution.

The committee further agreed that in important events, inter alia, the State of Nation Address, Provincial (GDS) permanent delegates need to attend. The Speaker was concerned about the financial implications as a result of the preparations of TAKING PARLIAMENT TO THE PEOPLE that it draws a lot of money in the budget.

MEETING WITH CHAIR OF CHAIRS MR CNM PADAYACHEE AND COMMITTEE CHAIRPERSONS

NCOP permanent delegates outlined briefly the objectives of the visit as follows: - New six weeks cycle - Uniformity on Provincial Mandates - Question and Motions - Correlation of matters affecting the NCOP and the legislatures - Public Hearings

CHAIR OF CHAIRS MR PADAYACHEE AND CHAIRPERSONS

NEW SIX WEEKS CYCLE

The province welcomed the new six weeks cycle, as people will be engaged in the law making process. An indication is needed when the Bill is tabled in the NCOP so that committees can prepare themselves.

MANDATES

It was of concern that mandates are an issue but the discussion will be held over until the draft bill on Mandates is dealt with by all the provinces.

PUBLIC HEARINGS

The Legislature felt that Public Education is needed to educate the public about issues before Public Hearings. Public participation became minimal when dealing with bills because the public don’t have information.

MEETING WITH THE PREMIER, MR TSP MAKWETLA

The Premier mentioned that is important for the NCOP and his office to meet regularly. The Premier mentioned that according to the Constitution NCOP Permanent Delegates represent the province in the NCOP therefore, there is a dire need to meet constantly.

The Premier mentioned that the NCOP has a responsibility to conduct oversight over the National Departments. Therefore, it is important for NCOP delegates to conduct proper oversight over these departments, as the Province has no mandate.

The provincial legislature also has a responsibility to conduct oversight on provincial departments. The Premier further mentioned that it was not appropriate for the NCOP to engage in a follow-up visit to KwaMhlanga since the MECs of various provincial departments and top officials are required to be present as well. He also mentioned that the NCOP follow-up visit has financial implications to the province.

The Premier reported that he has written a letter to the Chairperson of the NCOP requesting postponement of NCOP follow-up visit to KwaMhlanga until certain issues are clarified.

B. RECOMMENDATIONS:

The Department needs to provide the delegation with the report on the Soccer Indaba that took place in the province.

1. Visit to the North West Province

A. Introduction

In order to ascertain that the North West NCOP Permanent Delegates ensure that their province plays an integral role in the activities of the NCOP, they will have to be continuously kept abreast with the developments in the North West Province through programmes such as the NCOP Provincial Week. In this context the provincial week programme had afforded the North West Permanent Delegates an opportunity to interact with various communities and departments within the Province by listening to the views and also to exchange and share ideas on progress that has been made around service delivery issues and challenges confronting the North West Province in fulfilling its mandate. All meetings that were attended by Members, as guided by the NCOP provincial week programme were created in the context of establishing the collaborative approaches in seeking solutions and devising mechanisms that will address the needs of the North West people.

B. Objectives of the North West Provincial Week

The objectives of the Provincial week were:

a) To enhance dialogue and interaction between the NCOP and the people. b) To provide an opportunity for the NCOP to communicate its programme of action and the progress being made. c) To listen to people about problems needing attention and identify blockages in implementation of policy areas that may need review. d) To enable the NCOP direct access about what people say and feel about government and service delivery, and also to listen to their grievances and advice about the pace and direction of government work.

C. Day One: Monday 14 August 2006 Meeting at Provincial Legislature

The North West Permanent Delegates met with the Chief Whip of the Legislature and Chairpersons of Portfolio Committees, in an attempt to strengthen the provincial week objectives. Members adopted tools of oversight as mechanism to be used to conduct effective oversight throughout the provincial week. The leader of the delegation outlined the actual purpose of interacting with the Chief Whip and Chairperson of Committees as harmonising the provincial week objectives with Provincial Interests and perspectives as viewed by Provincial Stakeholders like Provincial Component, the structure of traditional leaders and leaders of the Civil Society. The delegation then went further and introduced the draft document titled “The Provincial Week as a Strategic Mechanism for Strengthening the Representation of Provincial Interests in the National Council of Provinces”.

There were in-depth deliberations and engagements on the document, whereas the trust and the spirit of the draft was adopted with slight amendments.

D. Meeting with Zeerust Police Station Management

Background

Zeerust Police Station is situated in the North West Province, about 150 km from Botswana in the town of Zeerust, which falls under Ramotshere Moiloa Local Municipality. The biggest service area in Zeerust is predominantly rural area consisting of farms and villages. The population in this area is estimated at an average of 39 000 people. The influx of visitors from the neighbouring countries, including Bangladesh, China and India is estimated at an average of 3900. Area demarcation average is 294 km per square metre; most of the areas are farms. The Zeerust Police Station like any other police station in South Africa, derives its mandate from the constitution which involves the prevention, investigation and combating of crime in general in order to ensure the safety and security of everyone within Zeerust.

During the meeting the following issues were raised: • Armed robbery • Common robbery • House breaking • Assault • Car theft • Theft

Currently there is no satellite police station in the station’s jurisdiction area.

Challenges

The Zeerust police station management indicated that the station was facing a number of challenges, which hinder progress that the station was working towards achieving. These challenges are as follows: a) Shortage of police vehicles. b) Shortage of police officers. c) Inadequate supply of police resources. d) Ghost police officers that are remunerated monthly despite having resigned from the service. e) Shortage of competent detectives. f) Unavailability of females holding cells. g) Lack of adequate working space. h) Stock Theft.

Crime Prevention

There are currently ten police members and one clerk and the station has implemented sector policing, which is not done adequately due to personnel shortage. Six sectors are implemented with ten members in each sector and 2 LVD vehicles as most of the areas are farms and roads are not in good conditions. The 10 members work in shifts per sector, twenty hours for better service delivery.

Community Service Centre (CSC)

There are currently 20 police members at this centre, namely one commander, 16 members divided into four shifts, 2 members for court duties and one in exhibit stores. At least two members with one vehicle attend to complaints and two members remain in the CSC. Two members are posted outside to do patrols and arrest suspects. It is very difficult to meet the community needs with few resources.

Detective Service

The detective service is currently under staffed. There 10 police members, namely a commander and 9 investigating officers with 4 vehicles. Under normal circumstances the investigating officers each carry 40 dockets on hand but currently each is carrying more than 90 dockets. This situation is really frustrating the detectives and it hampers service delivery. Dog Unit

The dog unit is currently serving the areas of Madikwe, Zeerust, Lehurutshe, Groot Marico and Swartruggens, which are predominantly rural areas. There are only 7 police members, namely 1 commander and 6 members with 3 vehicles. The dog unit is a specialising unit with different sections, namely narcotics, explosives, patrol and track dog handlers. Service cannot be delivered when the above needs are as limited as they are.

Public Service Personnel

Four data typists are needed to work a four-hour shift at each Community Service Centre. Two typists and 7 administration clerks are needed to serve all station sub components and two grounds, infact men are also needed to keep the station’s premises clean at times.

Buildings

Members’ input

Members noted that to enable the Zeerust police station to adhere to the greater challenge of stabilizing and normalising crime, with limited resources, Crime Zones must be earmarked. During this meeting it was noted that crime prevention in Zeerust must be based on principles of policing and should be a partnership between the community and the SAPS. Sector policing must be used to increase the visibility and accessibility of police officers, particularly in areas that have high levels of crime.

Members stated that they had not come to this police station to police the police officers but their visit will enable them to understand the challenges facing the SAPS of Zeerust and this will help them to seek solutions during the debate in Parliament. During this meeting members further noted that the SAPS has to be fully aware of the mammoths challenges it faces and have to make progress towards meeting challenges. It was noted that the strategic direction of SAPS in Zeerust must remain focus on organised crime, serious and violent crime, crime against women and children and improving basic service delivery, as these priorities reflect the needs of the community

  E.    Meeting with Groot Marico Police Station Management

Groot Marico police station is situated 40 km away from the town of Zeerust and located in the small town of Groot Marico, which is surrounded mainly by rural areas. This meeting sought to enhance dialogue and interaction between the NCOP and the Police and to allow members to listen to police officers who articulated on challenges and blockages in implementation of policy areas that need attention and review. Similar challenges as at Zeerust Police Station were identified.

Members acknowledged that police officers are working hard to combat crime and further stated that police officers must continue to discourage the occurrence of all crimes through the provision of a proactive and responsive policing service that must prevent the priority crimes rate from increasing. The provision of Community Service Centres (CSC) must be intensified and must be regarded as the Centre that must satisfy the community.

The management of Groot Marico police station reported that despite having limited detectives their police officers were working hard to contribute to the successful prosecution of crime by investigating and gathering all related evidence, and preventing the detection rate from decreasing. Members commended the police to gather evidence, ensure that accused persons and witness are present at criminal trials and present evidence at criminal trials. Members learnt that the most common crime that is often committed by perpetrators is housebreaking and stock theft. Due to understaffing and lack of police vehicles, the Groot Marico police officers are often not able to assist in the prevention of stock theft, which has undermined the confidence of communities in the legal and police system. Members further noted that the crime combating strategy must be applied and must be intensified at all times. The police must continue to execute the crime combating strategy because its implementation is impacted on negatively by the prevailing, unfavourable socioeconomic conditions in Groot Marico. These socioeconomic conditions, such as wide-scale poverty, lack of access to basic services, etc, contribute to the root causes of crime, thereby increasing the likelihood for the perpetration of crime.

The station has 7 holding cells for males, females and foreigners. Members have noted with concern that foreigners that are detained in this police stations are kept in cells for longer than they should stay in cells.

F. Meeting with Lehurutshe Magistrate Board

Problem areas

During the meeting the following issues were raised:

  ▪ The Court Building is dilapidated despite the recent renovations.
  ▪ There are no extra courtrooms within the  Magistrate  Court.  There
    is a lot of confusion around the precinct  of  the  court  and  the
    public can’t differentiate between the criminal and civil court.
  ▪ There is a shortage of courtrooms.
  ▪ An application for a new court to be built in Mosana  in  Supinstad
    was made.  The  Board  is  still  awaiting  an  approval  from  the
    Department of Justice.
  ▪ Ministerial  boundaries  are  not  yet  solved.  The  public  still
    travels a long distance to reach the Lehurutshe Court.
  ▪ The court offices do not have Internet and email connection.
  ▪ The magistrates use the Jutastat to enable themselves  to  get  the
    information on major conviction from other courts.
  ▪ There is a cash hall where the public  pay  maintenance  fees.  The
    cash hall building is extremely small and it does not have safes to
    lock up maintenance money.
  ▪ The court hall and rooms are not bullet proof.
  ▪ R2 million was allocated to renovate the court but money  has  only
    been used to make paintings of offices. The renovations  are  still
    incomplete.
  ▪ There is  a  shortage  of  security  personnel  and  the  available
    security personnel are not armed.
  ▪ The needs of this  Court  were  sent  to  the  higher  office.  The
    Lehurutshe Magistrate Board felt that the Justice  Department  does
    not take it as seriously as the District Court because its approval
    regarding the application containing its  resource  needs  is  long
    overdue.
  ▪ The Court does not have a Court Manager.
  ▪ There are no recording machines.
  ▪ There are insufficient Social Workers to deal  with  social  grants
    applications.
  ▪ There is a shortage of computers.
  ▪ Staff  is not empowered to operate computers.
  ▪ There are security risks as holding cells are adjacent  to  offices
    of Magistrates.

Members’ Input

Members noted the presentations of the Magistrate Board and undertook to hold the Provincial Department of Public Works accountable to the Provincial Portfolio Committee on Public Works, regarding the R2 million spent on renovating the Lehurutshe Court District Court Building.

G. Meeting with the Chief and the Community of Supingstad

The following persons were present at the meeting:

  i) Chief of Supingstad
  ii) Ward Councillor
  iii) Local Councillors
  iv) Speaker of local municipal council
  v) NCOP North West Permanent Delegates
  vi) Community of Supingstad.

Meeting with the Chief

Members and the local government representative met the Chief of Supingstad. The Chief highlighted the following:

▪ After the 2005 local government elections the  Speaker  of  the  local
  municipality and the local councillors came to introduce themselves to
  the Chief and the Traditional Leaders in order to  forge  healthy  and
  holy relations that are informed by co-operative governance.
▪ This co-operative governance is still in existence and  the  Chief  is
  in full support of the local councillors.
▪ There is a  lack  of  indispensable  skills  amongst  ward  and  local
  councillors. The Chief stated that during the first meeting with local
  government representatives he had proposed that  a  capacity  building
  workshop be  arranged  for  traditional  leaders,  councillors,  where
  Speaker should discuss their role as Traditional Leaders.

H. Public Meeting with the Supingstad Community

The following challenges facing the community were identified:

▪ The current fixing of the road  poses  a  significant  danger  to  the
  community. Due to the reckless fixing of the road by the contractor  a
  car accident had occurred on the road, which had  taken  a  resident’s
  life. The contractor did not co-operate with the deceased  family  and
  the community at large and  this  has  caused  animosity  between  the
  community  and  the  contractor  because  police  are  alleged  to  be
  conniving with the perpetrator.
▪ A water  shortage  problem  and  lack  of  infrastructure  denies  the
  community its basic right to the free basic service. The community  is
  dependent on borehole water.
▪ The community in this village  complains  about  what  they  call  the
  dictatorial and arrogant behaviour of their Chief.
▪ Lack of sufficient public transport to town and  other  parts  of  the
  municipality from this village is one of the unending demands and  not
  much has been done to respond to this need.
▪ The police station is very far from  this  village  and  it  would  be
  better if the police  station  earmarked  for  Nietverdient  could  be
  erected in Supingstad.
▪ Crime such as drug, alcohol and other substance abuse seems to  be  on
  the rise.
▪ There is a high rate of unemployment and poverty.
▪ There is a lot of stock theft.
▪ There are border gate problems between the border of Botswana and
  Supingstad. This has caused the theft of stock by Botswana residents,
  because the border gate/fence is dilapidated.
▪ Only one Clinic is available and no ambulance is  available  for  this
  clinic.
▪ Volunteers from organised and  recognised  community  projects  to  be
  remunerated with  stipends  to  assist  them  to  make  ends  meet  to
  alleviate poverty.
▪ There is a need for local transport and buses to ferry  the  community
  to the nearest local town. The  distance  from  this  village  to  the
  nearest town is 75 km and the community pays R80.00  taxi-fare  return
  to Zeerust town.
▪ A shopping complex that is nearer to Supingstad will be built.
▪ RDP houses are needed.
▪ Additional Schools  such  as  Primary,  Middle  and  High  School  are
  needed.
▪ There is lack of fences in the agricultural fields.

Responses and Recommendations

The presenters responded to questions and concerns raised from the floor as follows:

▪ The NCOP delegation was requested  to  inform  the  Health  Department
  about the unavailability of an ambulance, through the report that will
  be submitted in Parliament.
▪ The community was informed that it should apply for RDP houses.
▪ In an attempt to strengthen co-operation between  government  and  the
  community in terms of reducing unemployment, the community was advised
  to form organised community clubs and open businesses to  assist  them
  to make ends meet.
▪ Councillors stated that they  would  report  the  matter  of  lack  of
  water  to  the  local  Department  of   Water   Affairs   within   the
  municipality.
▪  The  Chief  should  make  an  application  to   the   Department   of
  Agriculture to request fencing.
▪ On unavailability of local transport such as  the  taxis  and  busses,
  the speaker of council mentioned that he would take the matter up with
  the municipality.
▪ Members mentioned that they met with the police the previous  day  and
  requested the police to  curb  the  high  rate  of  stock  theft.  The
  response from the police was that  they  do  not  have  enough  police
  vehicles to assist the community of  Supingstad  accordingly.  Members
  further advised the community to strengthen its co-operation with  the
  police through its Community Police Forum (CPF).
▪ The speaker mentioned that the plan to build a  new  shopping  complex
  had been submitted to the municipality and the Speaker and  the  Chief
  of Supingstad should make follow-ups.

  I.    Meeting with North West Deputy Speaker

Honourable Mr G Madoda, Deputy Speaker apologised for the absence of the Speaker, Honourable Ms T Modise who was reported to be attending a conference in America.

Framework for Provincial Week

The NCOP North West Provincial Whip mentioned that the provincial week has been challenging for the NCOP. The Provincial Whip stated that last year the provincial week did not achieve the desired results and emphasised that there is a need to develop a consolidated framework for provincial weeks and further proposed that all stakeholders must support these efforts. The leader of the delegation reintroduced the Provincial Week concept paper for further engagement whilst amendments made during day one with the Chief Whip was endorsed. In addition, it was agreed that two months prior to the actual Provincial Week the NCOP Provincial Whip with two Permanent delegates will be invited to the Province so that jointly they could develop a workable and appropriate Provincial Week Programme.

The Provincial Speaker, Chief Whip, and Chairperson of Committees will facilitate the development of the desired programme. It was further proposed that the Provincial Week should serve as a window of opportunity for inviting National Government Agencies and Parastatals. This would be a means to interact with MPLs and Provincial SALGA leaders for a better understanding and information sharing on service delivery related issues.

Both Chief Whip and Deputy Speaker reiterated that the NCOP Permanent Delegates are first and foremost representing the Provincial Interest as a unit from the Legislature. As such they are expected to set a good example in their performance and dedication in fulfilling and executing their duties in the NCOP. Furthermore they were happy to learn that the NCOP Programme makes provision for Permanent Delegates to meet and take stock of their performance as a unit representing the provinces. However they both encouraged the Provincial Whip to keep the Province informed of all developments pertaining to their mandate.

Legislature, NCOP Work and Co-ordination

The Provincial Whip proposed that the legislature must have the NCOP desk to co-ordinate issues of communication between the Legislature and National Parliament. The Deputy Speaker stated that the legislature has adequate budget for its Portfolio Committee Chairpersons to attend briefings in Parliament when invited. Members mentioned that, the negotiating and final mandate from North West Province always reaches the NCOP late and asked for an improvement on the matter.

  • The next Provincial Week must be planned well in advance,
    preferably two months ahead.
  • It was further suggested that,  the Department that drafted the
    Bill must accompany members to the Legislature for briefings that
    must take place on Thursdays not on Fridays.

J. Unannounced or Surprise Visit at Bophelong Hospital

The following questions were asked and responses provided during the discussion with the Hospital Management:

1. Is there is a proper Waste Management System in place with regard to TOP?

   The hospital does have a Waste Management System in place. One of the challenges of the Waste Management System are the sewage system and stagnant water.

2. Does the hospital experience any revisits by patients?

   5% of patients revisit the hospital. The hospital serves 90 to 100 patients per month. The hospital also helps patients from Botswana to terminate pregnancy, because termination of pregnancy is not allowed in Botswana.

3. What is the average waiting time at the admission desk?

   The average waiting period is 4-6 hours and this is due to small space and an improper filing system.

4. Does the hospital experience any Emergency Medical Service (EMS) problems with regard to response time?

   Yes, the Emergency Services take longer to respond.

5. Does the hospital have a generator in case of blackouts?

   Yes, the hospital has a generator for back up.

6. Does the hospital have any learnerships and interns and if yes is the hospital in a position to absorb these learners?

   Yes, the Hospital has learnerships and they are allocated in Finance and IT. The issue of learnership is centralised in the Head Office and doctors from the Head Office have been deployed as interns to render health services. Absorbing these learnerships is still a challenge and the hospital has to have a vacant post to absorb the learners.

7. Does the Department of Home Affairs have a space or office for online birth registration?

   Yes, it has space in the Maternity Department.

8. Are there any vacant positions and if yes how many post are vacant? The hospital has 305 vacant posts.

9. Has the hospital has been fully accredited through the Council for Health Service Accreditation of South Africa (COHSASA) accreditation programme?

   The hospital is in the process of being accredited as a hospital in order to enhance rendering quality service that is in line with Batho Pele principles.

10. What is the size of the population served by the hospital?

    The hospital serves 3.5 million of the North West population.

11. How many beds are available in the hospital?

    The hospital has 1500 beds.

After the meeting with the hospital management members toured the hospital and visited each ward. Members were in general impressed by the conditions of the hospital.

k. Meeting with Mmabatho Police Station

Members raised the following issues during the meeting:

▪ The nature of crime and the crime that is on the rise.
▪ Response time on crime that occurs.
▪ Community participation in Community Police Forum.
▪ Sector Policing strategy.
▪ Are there any highly trained police to deal with domestic violence?
▪ Stock theft.
▪ Police vehicles.
▪ Reservists.
▪ Investigation capacity.
▪ Conditions of holding cells.
▪ The strength of the station in terms of Human Resource Personnel.

The police station management responded to the questions raised by members as follows:

The station has a Crime Prevention Unit and it prioritises its crime as follows: 1. House breaking 2. Robbery 3. Assault 4. Theft 5. Rape

The station has 7 vehicles that are used in crime emergency response and has 19 police officers in the prevention unit and 104 reservists. The station is also assisted by the participation of the community through community police forums. The investigation capacity of the station is extremely vigorous and robust because it had police officers that underwent training courses in investigation. The station reports 50 to 90 cases per month and juveniles between the ages of 15-21 years mostly commit this crime. They mostly steal electrical appliances. Crime that is on the rise is housebreaking, theft and robbery.

Overcrowding of cells

The station has 7 holding cells and they are often overcrowded because the crime prevention officers arrest many people who commit crime and these holding cells are also used to accommodate people from Mafikeng, Mokgobung and Itsoseng because these areas do not have holding cells. Another aspect that causes overcrowding is because the justice system is very slow in terms of expediting the facilitation of the court cases of the accused. Each cell is certified to accommodate 20 people but 50 people are held in one cell and foreigners are mixed with the local people. The station has separate cells for women.

Human Resource

The station has a total of: 148 Police Officers. 112 Male Police Officers. 36 Female Police Officers.

The station has adopted a cop programme at public schools and police officers do unannounced visits at schools. The station has 37 vehicles in total. 10 vehicles are in good condition. 7 vehicles are in semi good condition. 20 vehicles are not in good condition and have exceeded 12 000 km. The station has a cordial relationship and work together with the home affairs officials.

Challenges facing the Police Station

• Shortage of detectives. • Demoralised police officers, on go slow  performance   because  they  were   not promoted to higher ranks. • Police officials who are booked medically unfit  for  longer  periods  and   their absence from work affect the performance of the station.

L. Meeting with Motsealore Secondary School

This school is situated in the Khunotswane village in Zeerust APO. It was established in 1982. The school had an enrolment of 389 registered learners in the 2006 academic year. It has 17 educators and receives section 21- quintal subsidy from the government. The school receive R25000 a quarter as a section 21 school. During the meeting the following challenges/issues were identified:

• The MEC of Education, Mr Tselapedi who saw the appalling conditions of
  the school, visited the school. The MEC instructed the Provincial
  Education Officials to renovate the school accordingly.
• Learners are overcrowded in classrooms.
• Only 9 out of 10 classrooms are operational for teaching and learning.
• The tenth classroom is used as a computer centre.
• The condition of the 9 classrooms is very poor and risky.
• Floors are damaged.
• Roofs are leaking.
• Lack of consumable water and sanitation.
• No first aid kit.
• Members were informed during the meeting with Education Regional
  Officials that the school made its application for renovation in 2004.
  The school is on the priority list and the construction of school
  toilets will take place soon.
• The school has a governing body that is not active.
• The school still uses the old bucket system.
• The school received 10 donations of cement from PPC.

M. Recommendations

Police Stations

  • The capacity of Zeerust Police  Station  and  Groot  Marico  Police
    Station must  be  enhanced  by  recruitment  of  additional  police
    officers.
  • The enlistment of additional  personnel  must  be  complemented  by
    simultaneous expansion of the police vehicle  fleet  and  equipment
    supplies of IT infrastructures.
  • All Police Reservists must be employed  on  a  permanent  basis  to
    boost the police stations because they are dedicated and  committed
    in executing their duties.
  •  The  Select  Committee  on  Safety  and  Security  must  call  the
    Provincial Commissioner of Police in the North West  in  accordance
    with Section 69 of the Constitution to account on the conditions of
    Zeerust and Groot Marico Police Stations.
  •  Salaries of police officers who have resigned  but  still  receive
    salaries must be stopped with immediate effect.

Lehurutshe Magistrate Court

  • Court staff must be trained to enable them to deal with the demands
    of the new human rights culture.
  • At Lehurutshe a Court Manager must be appointed immediately and
    must be accorded basic delegation rights to manage court
    operations, such as procurement of consumables such as stationery
    for the court to operate unhindered.
  • The Internet cables must be installed within the court offices to
    enable court staff to utilise Email and for research purposes.
  • Court Staff must be trained to use computers.
  • The Select Committee on Justice must exercise Section 69 of the
    Constitution and call the Department of Justice to account on the
    R2 million that was spent to refurbish the Lehurutshe Court.

Bophelong Hospital

  • The 305 vacant positions must be filled immediately because the
    shortage of hospital staff compromises service delivery.
  • The hospital should be granted accreditation.
  • The hospital should be granted more budgets to expedite service
    delivery.

Motsaalore Secondary School The following renovations are recommended: - Floor Repairs - Ceilling - Leaking roofs - Painting - At least 8 classrooms must be constructed.

The school must be provided with the following: - Science laboratory. - Library. - Toilets for both learners and Educators. - Administration Block to house the Principal’s Office, Deputy Principal and Heads of Departments. - Home Craft centre. - School Hall. - Store rooms. - Erection of fence. - Telkom line. - Staff room.

The Portfolio Committee on Education of the North West Legislature should call the North West Provincial Education Department to account for the slow pace of renovating Motsaalore Secondary, and should also instruct the Department to fast track the renovations at the school.

The municipalities around the school must be engaged in terms of assisting the school with sports facilities.

Free flow of information in the context of co-operative governance, must be monitored by the Office of the Speaker.

The principal and council must participate to assist the region with developing the community.

The School Governing Body and the principal should participate in the Ward Committee.

N. Conclusion

The provincial week is an indication that the NCOP North West Permanent delegates take their mandate of representing their province in Parliament seriously. These permanent delegates represent the interest of their province at national level. The provincial week programme was designed to allow the permanent delegates to go to their provinces to interact with people in the interest of promoting public participation and carrying out the oversight function. Due to the Provincial Cabinet Lekgotla that also took four days, the NCOP delegation could not be able to meet either the Premier of the Province nor the leader of Governance. However the Premier blessed the Provincial Week Oversight Visit.

O. Challenges

The following areas have been observed and earmarked as challenges:

  • Communication gap and co-ordination between NCOP, N/A and
    Provincial Legislature on activities.
  • Response time by Province to NCOP and N/A special invitations.
  • Public Participation and sourcing of Provincial mandates.
  • Police reservists dedicated to community police service must be
    considered for appointment.
  • In the light of fast growing population and politicised community,
    police resource allocation must be reviewed.
  • Rural communities require more cluster approach co-ordination on
    service delivery.
  • Police Station Cells in rural areas require renovations and must
    have female facilities.
  • The old order demarcation in the Judiciary System “(Bop & SA)
    around Mafikeng and Zeerust is imposing an untold frustration to
    poor and underesourced communities who are compelled to travel or
    walk longer distance to access SAPS and the Department of Justice.
  • The SAPS Personnel have no confidence in a system currently used to
    managing promotion from a lower rank up, because those who
    undermine transformation eagerly manipulate it.
  • Court Offices in Zeerust are not only congested and inferior but
    they leave Magistrates open and vulnerable to attacks by suspects
    at any hour of the day.
  • Magistrates complain that the renovation underway by Public Works
    hardly address the above-mentioned concerns.
  • The newly introduced incentive for health skilled workers to rural
    health centres is giving rise to unintended consequences because
    key skilled personnel leave the semi-urban hospitals without
    replacements.

1. Visit to the Northern Cape Province

The Northern Cape permanent delegates of the National Council of Provinces and the Northern Cape Provincial legislature conducted oversight visits to the numerous sites. The delegation wanted to ascertain the following:

a) whether any progress has been made in service delivery; b) the areas that the different sides felt were still challenges; c) to get feedback from the communities on whether things have improved for them.

The delegates held meetings with relevant stakeholders, including the municipalities, schools, hospitals, and visited an army base.

A. Meeting with officials from the 93 Ammunition Depot

The 93 Ammunition base was built in 1941 for the British Navy. It was decided to build the base in Jan Kemp due to it being centrally located in the country. It is the second largest depot in the Southern Hemisphere. In 1996, it was decided that the depot should be closed. The base went through restructuring from 1997 – 2000 and the intention was to close it in March 2005. The base currently stores ammunition that can’t be used for military operations and needs to be destroyed. A peace treaty was signed in 1996 making it unlawful to dump ammunition in the sea. There are currently only two places in the Northern Cape where ammunition can be blown up i.e. Vastrap and the 93 Ammunition Depot. The 93 Ammunition Depot currently stores about 75% of condition D ammunition inside the base.

A colonel, Mr Van As, who is in charge of the depot, felt extremely stressed due to him not receiving the necessary support from his superiors. The colonel said that he felt that his superiors did not trust him due to the fact that he is a white male and his loyalty was questioned. The colonel expressed the following concerns:

  • With the limited amount of explosives that the depot  can  detonate
    it will take another 35 years before the whole pile  of  ammunition
    currently at the base is destroyed;
  • The colonel is only authorised to spend up to R1000 of the  budget,
    anything more than this requires paperwork and  he  felt  that  the
    bureaucracy has a negative impact on his work;
  • The project became a political ball because the SANDF is  not  sure
    on how to address the issue of destroying the ammunition;
  • As part of the arms deal process, Germany was going to  supply  the
    necessary  technical  skills  and  expertise  to  break  down   the
    ammunition in a safe environment. A place had to be  identified  to
    erect the  plant  that  should  be  funded  by  the  South  African
    government. A choice had to be made between De Aar  and  Jan  Kemp,
    and this issue  has  gone  back  and  forth  without  coming  to  a
    conclusion. Whilst no decision is being made on erecting the plant,
    the category D ammunition is growing, making it an urgent  need  to
    erect the plant;
  • Some ammunition cannot be moved due  to  its  explosive  nature.  A
    serious concern was raised that should the ammunition detonate,  it
    would level all areas from Vryburg to Kimberley;
  • Recommendations were made to the SANDF on  the  volatility  of  the
    base, but it seems the colonel is being ignored. According  to  the
    Occupational Health and Safety Act that deals with  explosives,  no
    areas should be  erected  within  or  near  bases  that  deal  with
    explosives. An informal settlement is bordering the base and should
    anything happen at the base, the people living  there  will  be  in
    danger;
  • Conditions at the base are deteriorating as staff are  demoralised;
    the fire brigade service at the base is not  operational;  and  the
    doctor on the base resigned. The lightning conductors  need  to  be
    replaced at a cost of R500 000 per conductor.  No  money  has  been
    allocated from the SANDF to replace these conductors
  • The colonel felt that he was in a constant  battle  to  get  things
    done and that his superiors were making his job difficult.

B. Meeting with officials from the Warrenton Public Primary School

The Warrenton Public Primary school has a shared food security programme that provides food to scholars. It has a school garden to train people on the importance of good nutrition, and has a procurement strategy to use SMMEs at community level to supply the products.

The Department of Education transferred money to the school to start the shared food security programme by forming a school governing body committee that will oversee the functioning of the programme. The local community must then ensure that it acts in the best interest of the scholars. The Department assists by providing advocacy training for parents and teachers. The Department has certain guidelines that must be adhered to, which include that a feeding calendar must be drafted indicating when food will be distributed as well as the menu that will be served; there should be a budget that indicates the financial transactions; and the district should indicate how many times a school was visited in a certain period.

Issues that were raised in the meeting

The Department indicated that the programme is time consuming as all invoices must be checked physically for correctness. The women of the area get training on basic food hygiene and they receive a stipend of R500 per month. After successfully completing the 12 month training programme, a certificate is issued. This allows people to be able to enter the formal job market once they completed the training.

Challenges

Some school children took the food that was given at school home to share with their siblings. There are no kitchens at some schools and classes need to be used to prepare the food. Due to the high administrative demand, there is a need to appoint people to deal with the administrative side of the programme. There is no medical aid provision made for when one of the kitchen staff gets injured and in certain instances there is no compliance with the Occupational Health and Safety Act. The subsidy for learners is not enough as not all school days are catered for. It has become evident that scholars only attend school when it is feeding day and are absent when no feeding takes place. The programme is a definite necessity but the R1 subsidy per child a day is not sufficient. The vegetable gardens are not doing well due to the demand to water the gardens and the huge cost involved in doing that. The school requested the delegates to assist in raising the huge water charges that the school must pay with the municipality. A concern was raised that schools are charged like a business for water use.

Observations by the delegates

There is a need to broaden the scope of the programme and to have more money allocated for it. The Department should ensure that local citizens are trained to be able to form co-operatives to tap into the economic potential. The hygiene of the food should be above board and people should ensure that scholars receive proper food and nutrition. The delegates re-iterated that the primary concern should be to ensure that scholars are fed a good quality meal. Some concerns that were raised by the parents and staff must be addressed but these should be secondary to the feeding of the scholars.

C. Meeting with the Phokwane Municipality

The Municipality has a high unemployment rate that is estimated at 43%, with the agriculture and government sector the main employers. The labour force is largely unskilled and poorly educated. The free basic services are provided to 4395 indigents. The municipality has a backlog on services per household for housing at 4093, water at 3708, sanitation at 3699, electricity at 4755, high mast at 88, refuse removal at 4382 and roads at 79 km.

Service delivery challenges

Water

There is a need to upgrade the bulk supply infrastructure in Jan Kempdorp. The municipality foresees eradicating the backlog by year 2013. There is a need to provide water to the farm areas and to save water through fixing leaks and burst pipes. The municipality needs to ensure that it maintains current and newly developed infrastructure.

Electricity

There is a problem between Eskom and the municipality about lack of coordination. The network capacity needs to be improved to accommodate the ever increasing new connections due to informal settlements mushrooming. The municipality is still unsure how the REDS will affect their functioning as electricity provision is currently a huge revenue base.

Refuse removal

There is a need to relocate the Hartswater landfill to a place where it is positioned right where it does not create health problems to residents. The maintenance of the four landfills is vital as the municipality currently has insufficient equipment. Due to lack of equipment the municipality is struggling to ensure cleanliness in townships.

Housing

Some contractors deliver shoddy work and use inferior material when erecting houses. There is currently a shortage of land to be used for housing developments and some land belongs to tribal authorities. The migration from farms to towns places an additional burden on the municipality to provide sufficient housing.

Land

There is a shortage of land to be used for housing projects and some agricultural land cannot be easily converted for other purposes. With the assistance of the Department of Land Affairs an audit was done to ascertain what land belongs to the municipality. Some farmers wanted to sell their farms but wanted exorbitant prices for it. A process has been put in place with the Department of Land Affairs to see how much land can be acquired.

LED

The unavailability of land is threatening economic growth in the area. There is a need to resuscitate factories and cooperatives that existed before in Phokwane. Some products will need to be processed in the area and not transported to other areas for processing. There is a need to tar the road between Hartswater and Christiana.

Financial Viability

The municipality is financially stable but if the economy doesn’t grow the municipality may soon become financially unstable due to the growing number of indigents. The current debtors to the municipality amount to R23 902 860. The municipality did not apply the credit control policy strictly due to discrepancies in the indigent policy. A contractor was appointed to correct the indigent register and to collect the outstanding money on behalf of the municipality. Observations by the delegates

The delegates expressed concern at the fact that only 17.5 % of the budget is allocated for infrastructural development whereas the salary bill amounts to over 30% of the budget. The municipality was instructed to investigate how to use the agricultural richness of the area to the benefit of the whole community. The municipality has shown a need to do away with the backlogs but the pace needs to be intensified.

D. Meeting with the Northern Cape Housing Federation: An affiliate of the S.A. Homeless People Federation

The Northern Cape Federation is an NGO that believes that through lending, saving and repayments of the Housing Savings Scheme, it can create responsible communities that care for one another. The Federation acts on behalf of communities to negotiate for land from the provinces. People are then encouraged to build their own houses through the Peoples Housing Project (PHP). This venture allows for people to get skills and to build bigger houses due to labour cost being minimal.

Challenges

1) Municipality

The Municipality made land available but then said it did not have budgets to service the land. The municipality did not come to the Housing Federation to inform them of decisions that were taken. The municipality caused the project to halt due to allegations that the Housing Federation was including people on the lists illegally. There is however confusion with the municipality that wants R4 per square meter and as the housing federation was not informed of this; no payments were made to the municipality.

2) Involvement of Councillors

The Mayor indicated that the land should be given to the Housing Federation for free and that the Federation should not be charged for it. On 6 March 2005 a councillor informed people who were not beneficiaries on the list of the Housing Federation that they could move to the new development. People occupied the land illegally and a court interdict had to be obtained to remove them from the area. The Premier intervened and indicated that the evictions should not happen. The municipality was supposed to give alternative land to the squatters within 5 days. There is no communication happening between the mayor and the Housing Federation.

3) Suppliers and materials

Dumisane African Trading is one of the suppliers that were paid in advance and did not deliver the material as requested. The material that is on the premises of the Federation is getting rusted due to the project being at a standstill.

4) Concerns from Housing Federation

The following issues were highlighted as serious concerns:

Officials and other people that were supposed to assist the Federation have now become its biggest challenge. The new councillor appointed a ward committee to take over the housing project from the Federation. The project could have been finalised if no interference was experienced. Every year wasted on the project means more cost and request for extra funding for the project.

The Housing Federation requested the delegates to remove the stumbling blocks to allow it to complete the project and to address the issue of councillors making the project a political toy and hampering progress on the project.

5) Observations by the delegates

A meeting should be held with the Department of Housing, the municipality and the Housing Federation to sort out the beneficiary lists. The delegates were concerned with undue influences being used by councillors to deter organisations / people that work with government, from fulfilling their mandate. The Housing Federation completed the beneficiary lists and now the Department wants to allocate beneficiaries. This is where the problem lies and it needed to be sorted out immediately.

E. Site visit to Sol Plaatjie housing project

The site was supposed to have 960 houses built, but only 550 have been completed to date. It seems as if the project will only be completed in September or early October. Some of the households that were visited complained about the quality of houses, damp walls, cracks / openings in the walls and shoddy material that was used.

Observations by the delegates

The delegates were disturbed with the quality of the bricks that were used by the contractor. There was also concern with the fact that the project has been delayed and that impacted on the costs. A very serious concern from the delegates was the fact that people were now staying in inferior buildings that could pose health problems to the young and the elderly.

F. Meeting with the Lerato Park Community

The community raised the following concerns:

  • There are no lights in Lerato Park and the area is  dark  early  in
    the evenings. People fear for their safety.
  • The people still use the bucket system and once collected  it  does
    not even get cleaned. These dirty buckets are  returned  to  people
    and they then have to clean these buckets themselves.
  • The water pump is not working and the elderly must then request the
    youngsters to collect water for them. The  water  pump  is  also  a
    distance away from people’s houses.
  • Most  people  are  unemployed  and  only  worked  when  there  were
    contracts for projects. Once these  projects  were  finalised,  the
    people could not find employment again.
  • Different delegations came  to  the  area  but  no  development  is
    happening in Lerato Park.
  • Due to  the  absence  of  road  infrastructure  in  the  area,  the
    ambulances cannot even collect the sick in the area.
  • Speed humps should be erected on the main road to safeguard  people
    crossing the road.
  • A report back should be given, because people feel  that  they  are
    not informed after these visits have occurred.

The Department and the Speaker responded as follows:

The Department took aerial photos of the area to identify where development will take place. A city planner has been appointed and the post of project manager has been advertised. The infrastructure for services will happen shortly and after that the housing development will start. The community was involved in the IDP process to indicate what they wanted. A crèche has been erected in Lerato Park and a map has been posted to inform them about the plans for the area.

Observations by the delegates

The delegates took note that there are plans for the development of Lerato Park and that the community was informed about the plans for the area. The delegates indicated that ward meetings needed to happen regularly and that the PR Councillor should compliment the work of the ward committees. It is important that the two organisations work together for the betterment of the area. The delegation expressed a view that the community needs to organise itself to raise issues consistently and in a coordinated matter.

G. Site Visit to the new Barkley West Hospital

The new Barkley West hospital is currently under construction at a cost of R34 million. It employs 105 people and mostly makes use of the local labour market. The project should be completed by June or soon thereafter. The project experienced some delays due to weather conditions or some unforeseen factors. The hospital will be a flagship project and one that the community will be proud of. It is envisaged that the hospital will have all medical facilities under one roof including physiotherapy, a heli-pad and speech therapy units.

Observations by the delegates

The delegates were happy with the progress at the construction site and were glad for the much needed services that it will bring to the community.

H. Meeting at the Dikgatlong Municipality

The Dikgatlong municipality is a category B municipality with a plenary ward system. The council consists of 13 councillors i.e. 7 ward councillors and 6 PR councillors.

Organogram of the municipality

 1) The technical department consists  of  104  posts,  with  14  posts
    currently vacant. The gender composition includes 84  males  and  6
    females. All posts have been budgeted for.
 2) The financial department has 22 posts of which 2  are  vacant.  The
    gender composition in this department is 11 females  and  7  males.
    All the posts in this section have been budgeted for.
 3) The Corporate Services Department has  22  posts  of  which  3  are
    vacant. The gender composition includes 16 females and 3 males. One
    of the vacant posts has been budgeted for  and  the  remaining  two
    vacancies have not been budgeted for.
 4) There are 3 posts in management that are occupied by males.    The municipality has  a  policy  on  free  basic  services  and  indigent    beneficiaries are households with an income  of  two  old  age  pensions.    Dikgatlong has an indigent rate of above 60%.

The Dikgatlong municipality is made up of the former disestablished municipalities of Barkley-West, Windsorton and Delportshope. According to statistics S.A the population stands at 35 765 but the actual population figure according to a survey done by Urban Dynamics indicate the population figure at 68 968. The difference in the stats has a negative impact with regard to the equitable share allocation. The number of the actively employed population amounts to 5923 (which includes seasonal workers). The unemployed amounts to 5576 and the not economically active stands at 11257.

Challenges

a) The ageing infrastructure results in regular service breakdowns. b) The vehicle fleet is in a poor condition and is costly to repair and maintain. Vehicles stay out of operation for long periods resulting in a negative impact on service delivery. c) Personnel at the technical department need training. Although the skills plan makes provision for training, no funds could be accessed from SETA because the municipality did not pay its levies to SETA. d) Previously MFMA reporting was not done. e) Internal financial controls are poor and this directly resulted in the negative audit queries. f) Reporting of grant funding is not up to standard. g) Due to financial constraints the licence for the selling of pre-paid electricity could not be renewed. h) Critical positions in the corporate services department will not be filled due to financial constraints. i) No land audit has been done yet. j) It is difficult to attract and retain skilled / qualified employees.

The biggest concern to the municipality is the Department of Minerals and Energy (DME). It was alleged that DME issues licences for mineral rights but do not inform the municipality on who receive these licences. There is no good working relationship between the municipality and DME.

Observations by the delegates

The Chief Financial Officer (CFO) was requested to attend the meeting and to answer some questions. The individual refused to attend the meeting and this infuriated the delegates. The delegates requested that a report be submitted indicating the actions the municipality will undertake to deal with the individual’s misconduct and insubordination.

The delegates indicated that the municipality should request assistance from DBSA in its skills development strategy. The old infrastructure needs to be replaced to ensure that service delivery happens. The LED strategy should identify the key economic points and address unemployment. The IDP should be redrafted and then be taken to wards for discussion.

I. Meeting with the community from Pniel

History of the Pniel Land Claim

The community instituted their first claim in 1997 to have the land returned to them. The community met with the church that initially wanted R71 million for the land. After negotiations a price of R36 million was agreed to. The claim was validated and up until December 2005 everything was on track. On 22 December a meeting was held with Sugar Ramatlane and Adv Matshepe and they requested that a Community Property Association (CPA) be formed. The community did a needs analysis and identified mining, game farming and irrigation as possible ventures that the land could be used for. A meeting was scheduled with Land Affairs and the community identified a strategic partner. Some people did not want to recognise the strategic partner and wanted the community to accept investors of their choice. The community wanted to use people of their choice and did not accept the proposal of the investors.

The community feels that certain people are abusing their power and getting richer at the expense of poor communities. The permit that was granted by the church was stopped. The politicians are not comfortable with the strategic partner chosen by the community and want to enforce their choices on the community. The community informed the delegates that they are sick and tired of politicians messing them around and not acting in their interests. The region of Pniel voted 99.9% in favour of the ANC and they feel betrayed by some politicians and officials.

The overwhelming plea from the community was for National and Provincial government to intervene and to ensure that the community of Pniel get their land.

Observations by the delegates

The delegates requested the community to remain united and not to allow outside forces to sow division in Pniel. The CPA was requested to hand over all information to the Standing Committee on Local Government to address the concerns raised. The delegates will ensure that clarity is gained from the stakeholders and to report back to the community.

1. Visit to the Western Cape Province

A. The interaction between the Western Cape Legislature and the NCOP

The delegates met with the Deputy Speaker and the Chief Whip. The Deputy Speaker stated that the procedures between the NCOP and the Provincial Legislature needed to improve. Discussions should take place before legislation is sent to the province. Problems relating to bills are e.g. that incorrect versions of bills are sent to the legislature.

The permanent delegates to the NCOP stated that the NCOP was trying to get all Section 76 legislation introduced in the NCOP, but that all of this depends on the National Ministers. The issue would be taken up by the permanent delegates.

The permanent delegates also stated that some Bills were being fast-tracked e.g. 2010 FIFA Bill.

The Chief Whip stated that public hearings were conducted on all bills in the province and many of the problems encountered were administrative problems. He noted that the department comes up with one bill and the NCOP has another version. He stated that it would be important for permanent delegates to link up with the department to sort out these problems. The Deputy Speaker stated that the Permanent delegates should brief the Standing Committees on legislation. This should be done on behalf of the NCOP, to brief the Standing Committee on the essence of the legislation. The role of the Provincial whip should be clear and any arrangements from the permanent delegates’ side should be done through the Provincial Whip, even if it is an emergency. The Provincial Whip must clear his responsibilities with the NCOP.

B. Meeting with the Chairpersons and Members of the Standing Committees (all Members) – to identify key issues to be highlighted in the week.

The oversight visits was divided into three delegations, consisting of Members of the Provincial legislature (MPL’s) and Permanent Members of the NCOP (MP’s).

C. Legislature session

With regard to the floods in the Southern Cape, the Premier thanked everyone, including SAPS, business, EMS personnel etc. for their efforts during the past weeks in the region. He also noted that the community of the region assisted very well in all its efforts. The Premier noted that the initial costing was done and the overall cost was estimated at around R353 million, which was broken down as follows: R150m for insurance, R89m infrastructure and R51m bridges and roads. The Premier said that in the Klein-Karoo the agricultural damage was estimated at R40m and growing and that the rail damage was estimated at R25m.

The Premier said that Cabinet would be sitting on 16 August 2006 to assess the figures. He noted that the region would not be declared a disaster area, the reason being that it would have a negative effect on the tourism of the region and that it would be a disincentive for the Garden Route.

D. Meeting at De Doorns

Briefing by SANRAL and Goba Consulting Engineers

SANRAL briefed the delegation on the pedestrian safety project on the N1 in De Doorns.

Briefing by the Breede Valley Municipality

The Municipal manager briefed the delegation on the Progress of the De Doorns Housing Project. He outlined its historical background and aims of the project, the problem areas, the implementation of the project and the current situation with regard to ASLA Devco.

ASLA Devco stated that all further relocation was stopped and that it would continue as soon as funds were made available to Breede Valley Municipality and when the Municipality instructs Asla Devco to continue with the process.

Briefing by the Councillors

One Councillor stated that the information given to the delegation was not a true reflection of what was happening in the area. She stated that people were living in the riverbed and that people were displaced. She added that Asla had not been honest with the project and that they were playing petty politics. The community was split up and Asla played a role in that. Relocators were working for Asla and they undermined the Councillors.

Tour of Ekuphumleni informal settlement The delegation visited the site where some of the dwellings were in the riverbed. It was apparent that many of the homes were built in the riverbed, and in the event of a flood many homes and even lives would be in danger.

Meeting with Kannaland Municipality

• There is no disaster management plan at the municipality.
• kannaland depends on other municipalities for human resources.
• There should be a system of time limits for occupation of houses after
  completion to avoid vandalisation of finished houses.
• The  municipality  had  a  Local  Economic  Strategy  that  was  never
  implemented because there are no officials available to implement  the
  strategy. Staff should be allocated to work on the strategy.
• The committee request the department to make public  findings  of  the
  forensic audit of the Municipality.
• The state of ambulance services in the  area  is  a  cause  for  grave
  concern as people have to phone George in order to get  an  ambulance,
  which takes two hours to reach Kannaland.

E. Meeting in Knysna on the proposed Knysna B-pass with SANRAL and the Knysna Municipality.

  The Chairperson stated that the completion of the by-pass  was  urgent
  and that the barriers with regard to what was holding up  the  process
  needed to be identified. The delegation felt that  given  the  terrain
  and the urgency of the problem and its high costs, the by-pass had  to
  be created, whichever route was the  final  one  even  if  alternative
  funding  had  to  be  obtained  from  either  national  or  provincial
  government. The delegation requested that the MEC concerned be brought
  up to speed regarding the urgency of the matter.


  A recommendation was made by the  delegation  that  the  Environmental
  Impact Assessment (EIA) be re-looked at to ascertain if there could be
  improvements. The Chairperson noted that the costing was a  big  issue
  and  that  the  costing  modules  should   be   beyond   reproach.   A
  recommendation was made that SANRAL should give a detailed briefing on
  the costing and financial model to  the  Standing  Committee  and  the
  Select Committee on Transport in the NCOP.


  The delegation raised concern regarding the safety of pedestrians  who
  walked across the N1 even though there were pedestrian bridges.

F. Meeting with the George municipality

• The disaster  management  plan  of  the  Municipality  must  be  drawn
  together with the Eden District Municipality  and  the  Department  of
  Local Government and Housing. This sentiment was also  shared  by  the
  SALGA representative in the meeting.
• The committee wishes to congratulate  the  Municipality  for  spending
  their Municipal Infra-Structure Grants (MIG)
• The LED strategy is not creating jobs for the people  of  George  i.e.
  even thought the town economy is  booming  people  are  still  without
  jobs.
• The committee is also impressed with the five-year plan but  cautioned
  the practicality of the plan, as  it  does  not  include  mapping  and
  evaluation process.
•  Concern  was  raised  on  the  long  housing  waiting  list  of   the
  municipality, and the policies which do not assist in  addressing  the
  housing backlog.
• The municipality was requested to submit all the Environmental  Impact
  Assessment reports  to  the  provincial  Department  of  Environmental
  Affairs, and the delegation promised to help if the delays were coming
  from the side of the provincial government.
• Concern was raised that the province owned large traces of land in the
  area and the municipality was struggling to get the  land  transferred
  to it.
• It is also a concern that only one contractor manages all the  housing
  projects in George.
• The provincial Department of Housing appointed Thubelitsha to  unblock
  the housing projects without consulting the Municipality.

G. Meeting at the Nyanga, Manenberg and Oudtshoorn police stations

Findings

The delegation received presentations from Ms Y Takaka from the office of the Western Cape Provincial Commissioner, but was not satisfied with the presentation. The Department of Community Safety is required to forge relations with the Department of Home Affairs to address the influx of illegal immigrants. The lack of crime intelligence and failure to track gangsters is a matter of concern.

Recommendations

• The committee expresses its dissatisfaction with regard to the absence
  of Provincial Commissioner and the fact that no apology  was  tendered
  from his  office.   The  committee  recommends  that  the  chairperson
  address this issue. The presentation from  the  Commissioner’s  office
  was of a general nature and did not address all the issues.

• The witness  protection  unit  will  be  invited  to  explain  to  the
  Committee whether witnesses  are  given  protection  after  they  have
  testified and what challenges are facing the unit.

• The Justice Department should explore retention strategies  to  retain
  state advocates who often leave for the private sector.

• The Committee recommends that the Department of Community Safety, SAPS
  and Department of Home Affairs should engage in discussions to develop
  a control plan to stop foreign drug dealers from entering the country.

• The community  raised  concern  about  criminals  being  granted  bail
  easily. It is recommended that  the  Department  of  Justice  and  the
  Magistrates should conduct outreach programmes to inform the public on
  bail procedures.

• The committee expressed with grave concern the lack of facilities at
  Bongolethu Community Service Centre as compared to Bridgeton (CSC) and
  that the department (MEC) should give attention to this challenge and
  provide a computer and a clerk.  The committee noted that Bongolethu
  is one of the disadvantage areas where most of the criminal activities
  took place.

• The committee expressed its appreciation on the informative
  presentation by Oudtshoorn Police Station. The delegation also
  expresses appreciation on the progress made by Oudtshoorn in tackling
  gangsterism and good working relations between communities and SAPS. H. Briefing by the Department of Cultural Affairs  and  Sport  on  the  2010 FIFA World Cup South Africa Special Measures Bill

The Standing Committee on Education, Cultural Affairs and Sport was briefed on the legislation by Mr Boschoff (Legal Advisor), National Department of Sport and Recreation.

After the briefing, the Committee continued with the public hearings on the Bill.

Mr Boschoff undertook to courier the Organising Association Agreement between FIFA and SAFA to members by Monday 21 August 2006.

One submission was received from the public, which suggested that the entire bill be rejected because the state would be giving away a very large and important area of its jurisdiction to a body (FIFA).

After submissions were heard, the Committee agreed that the negotiating mandate be sent to the NCOP for concurrence of the Bill, and that another meeting be scheduled for the final mandates.

I. Meeting with SALGA and the Department of Local Government and Housing – problems facing Local Government in the province and issues they feel should be raised in the NCOP.

Intergovernmental relations

SALGA consider it crucial that an open and frank discussion and assessment should be undertaken of the workings and operations of intergovernmental relations in the province. SALGA stated that they “desperately and urgently need to find a mechanism for provincial departments and national sector departments to interact with local government in a structured and coordinated way. The relationship with the legislature is only at its early stages and it is for that reason that SALGA want to reflect the critically important imperative of effective community participation and representation and SALGA would therefore want its members to play a much more active and dynamic role in the legislature’s committee system.

LED’s and IDP’s

Much has been done to improve the quality of IDP’s and the development of implementable LED strategies, but SALGA stated that there is the absence of a process for local government to engage with the PGDS process. SALGA stated that in order for the IDPs and LEDs to be credible and implementable, they must be informed by a proper appreciation of the national and provincial policy perspective, so too must the PGDS be informed by local inputs and concerns. SALGA requested that a draft PGDS be discussed in all their districts as soon as possible.

Service Delivery

SALGAWC is keen on meeting the millennium goal targets. SALGA encourages and assists municipalities to have clear service delivery plans so that they are able to deliver on those plans.

With regard to streamlining the relationship with the Provincial Department of Economic Affairs and Tourism, SALGA stated that there are initiatives taking place and that they are currently in discussions with the department.

SALGA stated that there are municipalities which are over-capacitated e.g. the Metro, and those that are not, but that SALGA has a programme which is ongoing to deal with the issue and that audit reports are being undertaken.

With regard to capacity SALGA is in the process to address the issue of scarce skills. Municipalities are in the process to start learnerships with the assistance of the Department of Economic Affairs and Tourism.

J. Meeting with the Premier, MECs and HODs – briefing on issues identified in the visits

The delegations met with the Premier, the MECs and Heads of Departments to brief them on their findings during the visits.

K. Closing remarks by the Premier

The Premier stated that the high flyers programme of the SAPS is a success; however, the fact that gangsters were granted bail easily was problematic. He suggested that the NCOP must undertake to vigorously investigate the importance of the witness protection programme with the Department of Justice and Constitutional Development. He added that the conditions attached to conditional grants were too stringent and were taking away the discretion of the provinces.

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

 b) General Report of the Auditor-General on Audit Outcomes for 2005-06
    [RP 247-2006].

 c) General Report of the Auditor-General on the Audit Outcomes of
    Local Government for the year ended 30 June 2005 [RP 172-2006].

1. The Minister of Safety and Security

 a) Report of the National Commissioner of the South African Police
    Service (SAPS) for the period of January 2006 to June 2006, in
    terms of section 18(5)(d) of the Domestic Violence Act, 1998 (Act
    No 116 of 1998).

1. The Minister of Trade and Industry

 a) Government Notice No R.967 published in Government Gazette No 29265
    dated 6 October 2006: Withdrawal and replacement of the compulsory
    specification of circuit breakers, in terms of the Standards Act,
    1993 (Act No 29 of 1993).

COMMITTEE REPORTS

National Council of Provinces

1. Report of the Select Committee on Economic and Foreign Affairs on the Accreditation for Conformity Assessment, Calibration and Good Laboratory Practice Bill [B 29B – 2006] (National Assembly – sec 75), dated 1 November 2006:

   The  Select  Committee  on  Economic  and  Foreign  Affairs,   having
   considered  the  subject  of   the   Accreditation   for   Conformity
   Assessment, Calibration and Good Laboratory Practice Bill  [B  29B  –
   2006] (National Assembly – sec 75), referred to it and classified  by
   the Joint Tagging Mechanism as a section 75 Bill, reports that it has
   agreed to the Bill.
   

2. Report of the Select Committee on Economic and Foreign Affairs on the Measurements Units and Measurement Standards Bill [B 21B-2006] (National Assembly – sec 75), dated 1 November 2006:

   The Select Committee on Economic and Foreign Affairs, having
   considered the subject of the Measurements Units and Measurement
   Standards Bill [B 21B-2006] (National Assembly – sec 75), referred to
   it and classified by the Joint Tagging Mechanism as a section 75
   Bill, reports that it has agreed to the Bill.
   

3. Report of the Select Committee on Finance on the Adjustments Appropriation Bill [B 32 – 2006] (National Assembly – sec 77), dated 13 November 2006:

   The Select Committee on Finance, having considered the subject of the
   Adjustments Appropriation Bill [B 32 – 2006] (National Assembly – sec
   77), referred to it and classified by the Joint Tagging Mechanism as
   a section 77 Bill, reports that it has agreed to the Bill.
   

4. Report of the Select Committee on Finance on the Revenue Laws Second Amendment Bill [B 34 – 2006] (National Assembly – sec 75), dated 13 November 2006:

   The Select Committee on Finance, having considered the subject of the
   Revenue Laws Second Amendment Bill [B 34 – 2006] (National Assembly –
   sec 75), referred to it and classified by the Joint Tagging Mechanism
   as a section 75 Bill, reports that it has agreed to the Bill.
   

5. Report of the Select Committee on Finance on the Revenue Laws Amendment Bill [B 33 – 2006] (National Assembly – sec 77), dated 13 November 2006:

   The Select Committee on Finance, having considered the subject of the
   Revenue Laws Amendment Bill [B 33 – 2006] (National Assembly – sec
   77), referred to it and classified by the Joint Tagging Mechanism as
   a section 77 Bill, reports that it has agreed to the Bill.
   

6. Report of the Select Committee on Labour and Public Enterprises on the Postal Services Amendment Bill [B 22B – 2006] (National Assembly – sec 75), dated 31 October 2006:

   The  Select  Committee  on  Labour  and  Public  Enterprises,  having
   considered the subject of the Postal Services Amendment Bill [B  22B-
   2006] (National Assembly – sec 75), referred to it and classified  by
   the Joint Tagging Mechanism as a section 75 Bill, reports that it has
   agreed to the Bill.
   

7. Report of the Select Committee on Economic and Foreign Affairs on the Free Trade Agreement (FTA) between the Southern Africa Customs Union (SACU) and the European Free Trade Association (EFTA), dated 1 November 2006:

   The  Select  Committee  on  Economic  and  Foreign  Affairs,   having
   considered the request for approval by Parliament of the  Free  Trade
   Agreement (FTA) between the Southern Africa Customs Union (SACU)  and
   the  European  Free  Trade  Association  (EFTA),  referred   to   it,
   recommends that the Council,  in  terms  of  section  231(2)  of  the
   Constitution, approve the said Agreement. Report to be considered.
   

8. Report of the Select Committee on Security and Constitutional Affairs on Withholding of Remuneration of Magistrate M Matereke, dated 7 November 2006:

   The Select Committee on Security and Constitutional Affairs , having
   considered the report on the withholding of remuneration of Mr
   Matereke, tabled by the Acting Minister for Justice and
   Constitutional Development on 12 October 2006 in terms of section
   13(4A)(a) of the Magistrates Act, 1993, reports as follows: The
   Committee recommends that the House approves the suspension of the
   salary of Mr Matereke as recommended in the report tabled by the
   Acting Minister for Justice and Constitutional Development. Report to
   be considered.
   

9. Report of the Select Committee on Security and Constitutional Affairs on the Firearms Control Amendment Bill [B 12B-2006] (National Assembly- sec 75), dated 7 November 2006:

   The Select Committee on Security and Constitutional Affairs, having
   considered the subject of the Firearms Control Amendment Bill [B 12B-
   2006] (National Assembly – sec 75), referred to it, recommends
   approval of the Bill with the following proposed amendments:
   

10. On page 2, in line 10, before the word ‘calibre’ to insert: “by the insertion, after the definition of “Appeal Board”, of the following definition:”
11. On page 3, in line 6, before the word ‘dispossession’ to insert: “by the insertion, after the definition of “Designated Firearms Officer”, of the following definition:”
12. On page 4, in line 28, to omit “section” and to substitute “subsection”.
13. On page 7, in line 17, to omit “11” and to substitute “25”.[1]
14. On page 9, in line 12, to underline all the words in that line.
15. On page 10, in line 35, after “(a)” to insert “of subsection (2)”.
16. On page 19, in line 33, to omit “Authority” and to substitute “Agency”.[2]
17. On page 20, in line 39, in the second column, to omit “Two” and to substitute “Three”.[3]
    1. On page 23, in the Memorandum on the Objects of the Firearms Control Amendment Bill, 2006, in paragraph 1.3, after the word “possess” to omit “9”.[4]

[1] The correct reference to the National Heritage Resources Act, 1995, is: (Act No. 25 of 1999) [2] The correct name is the South African Heritage Resources Agency. [3] The Firearms Control Act, 2000, presently provides for Three years imprisonment in respect of a contravention of section 19(4)(b). The reference to two years in the Bill, is a typing error. [4] There is no limitation on the number of firearms which may be possessed for professional hunting. The number “9” is a typing error, and is also not reflected in the text of the Bill.