National Assembly - 06 March 2007
TUESDAY, 6 MARCH 2007 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:02.
The Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS, AND COMMITTEE REPORTS – see col 000.
NEW MEMBER
(Announcement)
The SPEAKER: Order! I have to announce that the vacancy which occurred owing to the death of Mr Z J Kati on 29 September 2006 has been filled with effect from 28 February 2007 by the nomination of Ms N M Twala.
OATH
Ms N M Twala, accompanied by Ms E Ngaleka and Mr N B Fihla, made and subscribed the oath, and took her seat. NOTICES OF MOTION
Mr M SWART: Madam Speaker, I hereby give notice that I shall move on the next sitting day of the House:
That the House debates the practical application of the policy of the Department of Environmental Affairs and Tourism in respect of the allocation of long-term fishing rights and the resulting impoverishment of hundreds of fishermen and their families.
The ACTING CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I hereby give notice that I shall move on the next sitting day of the House:
That the House debates the 50th anniversary of the independence of Ghana and its significance for Africa today.
CONDOLENCES EXTENDED TO FAMILIES WHO LOST LOVED ONES IN EASTERN CAPE FLOOD
(Draft resolution)
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, I move without notice:
That the House extends its condolences to the families who lost loved ones in the floods that have devastated the Eastern Cape since 3 March 2007, and expresses the hope that they can find the strength to overcome this tragedy.
Agreed to.
CONGRATULATIONS TO ANTON HAIG
(Draft Resolution)
Mr M J ELLIS: Madam Speaker, I move without notice:
That the House –
1) congratulates South African golfer Anton Haig on his historic
victory in the Johnny Walker Classic Golf tournament at Phuket,
Thailand; and
2) notes that Anton Haig is the youngest person ever to win this
tournament and wishes him well in his future career.
Agreed to.
GHANA CELEBRATING 50 YEARS OF INDEPENDENCE
(Draft Resolution)
Mrs R A NDZANGA: Madam Speaker, I move without notice:
That the House –
1) notes that today, 6 March 2007, Ghana is celebrating 50 years of
independence from Britain;
2) further notes that Ghana’s independence gave great impetus to the
decisive struggle for freedom and independence throughout Africa –
freedom from colonial rule;
3) recalls that this act asserted the ancient pride of the people of
our continent and gave us hope and conveyed the message that the
long interregnum of humiliation was over;
4) further recalls that Ghana’s founding fathers recognised the
challenge that their freedom and independence would be meaningless
unless it is linked with the total liberation of the African
continent;
5) believes that the new challenges confronting us today demand of the
people of Africa to unite in action to work for the further
strengthening of the African Union and Nepad as we pursue the goal
of a peaceful, democratic, prosperous, healthy and stable continent
fully living up to its promise and potential;
6) calls upon all humanity to celebrate together with the people of
Ghana and to unite in the struggle for the entrenchment of the
culture of human rights and the eradication of poverty in Africa and
the world; and
7) extends its congratulations to the people of Ghana on the historic
occasion of the 50th anniversary of their independence.
Agreed to.
SOUTH AFRICA ASSUMES PRESIDENCY OF UN SECURUTY COUNCIL
(Draft Resolution)
Ms F HAJAIG: Madam Speaker, I move without notice:
That the House –
1) notes that last week, on Thursday, 1 March 2007, South Africa
assumed the presidency of the United Nations Security Council;
2) believes that, coming two months after our assumption of a non-
permanent seat on the United Nations Security Council, this
responsibility is indeed an honour for our government and the people
of our country;
3) further believes that our country will use this opportunity to work
with all members of the Security Council to ensure a collective
response to the global challenges and placing the United Nations at
the centre of the process of resolving the challenges facing
humanity; and
4) congratulates our government on assuming this important
responsibility on behalf of our country and our people.
Agreed to.
AFRICA FORUM ON FIGHTING CORRUPTION
(Draft Resolution)
The ACTING CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:
That the House –
1) notes that last week, from 28 February to 2 March 2007, the
government of the Republic of South Africa (RSA), the African Union
Commission (AUC) and the United Nations Economic Commission for
Africa (ANECA) co-hosted the Africa Forum on Fighting Corruption
(AFFC);
2) further notes that about 300 participants from all over Africa,
comprising ministers, parliamentarians, anticorruption agencies,
civil society, regional economic communities, former African heads
of state and international organisations – including donors –
attended the forum;
3) recalls that the main objective of the forum was the consolidation
of African anticorruption initiatives as Africa needs to pursue a
common understanding of corruption within the continent and globally
in order to advance the African agenda;
4) further recalls that the forum is a precursor to the Global Forum V
on Fighting Corruption and Safeguarding Integrity, which will be
hosted by South Africa in April 2007 and that the African
anticorruption agenda needs to be promoted at the Global Forum V on
Fighting Corruption and Safeguarding Integrity; and
5) calls on all South Africans, the private sector, civil society and
all government departments to applaud, actively support and promote
the collective efforts by African governments to consolidate
anticorruption initiatives in all our countries.
Agreed to.
LOCAL GOVERNMENT DEMONSTRATION AND UNLAWFUL BEHAVIOUR
(Member’s Statement)
Dr M SEFULARO (ANC): Thank you, Madam Speaker.
ANC e etse tlhoko maemo a a sa iketlang mo dikarolong dingwe tsa porofense ya Bokone Bophirima. Re le Palamente ga re itumelele gore baeteledipele ba megwanto e le balatedi ba bona ba ikgatholosa dikomiti tsa dikgaolo le ditheo tse dingwe tse di tlhomilweng go ya ka Molaotheo wa naga le melao e e tshwanang le Municipal Systems Act le Municipal Structures Act.
Re le ANC, re tshegetsa ditshwanelo tsa baagi botlhe go tshwara dikopano, go bua ka tokologo, go ipelaetsa le go dira ditshupetso ka ntlha efe kgotsa efe e e ba tshwenyang. Se re se nyatsang le go se kgalema ke mokgwa wa go dirisa ditshwanelo tse tsa demokerasi go tsweletsa bosenyi, tlhaselo go batshabi le baagi ba Aforika Borwa ba ba tswang dinageng tse dingwe, le tshenyo ya dithotho le tsa batho ba ba senang molato.
Re kgwela mathe maiteko afe kgotsa afe a a sa yeng ka demokerasi a go fetola dikhansele tsa bommasepala kgotsa go tlosa baemedi ba ba tlhophilweng ka 1 Mopitlwe 2006. Re kgalema, re sa kgale mathe ganong, botlhe ba ba tlhaselang le go tshosetsa makhanselara le ba malapa a bona. Ka jalo, re ipelatsa go matsholo tshireletso le makgotla a bosiamisi go sireletsa setšhaba le go otlhaya botlhe ba ba tlolang molao le go gataka ditshwanelo tsa ba bangwe. Ke a leboga. [Legofi.] (Translation of Setswana member’s statement follows.)
[The ANC is monitoring a tense situation in some parts of the North West province. We are not happy, as Parliament, about the fact that the leaders and the supporters of this protest ignore the ward committees and other government structures which were established as enshrined in the Constitution of our country, and other laws such as the Municipal Systems and Municipal Structures Acts.
The ANC supports the rights of all citizens to exercise their freedom of expression, to hold meetings and demonstrations about any issue on which they need clarity. However, we condemn the abuse of democratic rights. We would like to warn anyone who commits crime, launches attacks on refugees and South African citizens and vandalises the property of innocent people.
We would like to condemn, in the strongest possible terms, the undemocratic processes which are followed to replace leaders and unseat municipality councillors who have been elected on the 1 March 2006. We would also like to further warn strongly all those who are attacking and harassing councillors and their families. Therefore, we are making an appeal to the police and the justice system to protect the nation and to punish all those who do not abide by the law and violates the rights of others. Thank you. [Applause.]]
AGGRESSIVE MANNER OF MINISTER JORDAN AGAINST AFRIKAANS AND NAME CHANGES
(Member’s Statement)
Mev D VAN DER WALT (DA): Mevrou die Speaker, die aggressiewe trant van die Minister van Kuns en Kultuur, Dr Jordan, se onlangse omstrede uitlatings oor Afrikaanse plekname is direk teenstrydig, eerstens, met die gees van die Grondwet van Suid-Afrika, en tweedens met die visie van sy eie departement wat dit ten doel het om nasiebou te ontwikkel en te beskerm.
As beskermheer van bogenoemde, wanneer, vra ek die Minister, gaan hy wegbeweeg van ’n “ons” en ’n “hulle” mentaliteit en hyself daarna streef om na Suid-Afrikaners te verwys as “ons”? Ek verwys u weereens na die 1947 Afrikaanse vertaling van Nkosi Sikelel’ iAfrika, en ek haal aan:
Ek kyk, en sien die skare voor my staan; Zoele en Kosa, Soeto en Sjangaan, en ek; ‘n blanke … vele volkre, ja .. almal verenigd om Gods seën te vra op net een tuiste, net een vaderland, want die Alwyse het ons saam geplant en saam laat worstel in Suid-Afrika… seën Heer, die land wat vele volke dra.
Die Minister skuld hierdie groep mede-Suid-Afrikaners ’n verskoning vir sy onsensitiewe en ondeurdagte uitlatings. Ek dank u. [Applous.] (Translation of Afrikaans member’s statement follows.)
[Ms D VAN DER WALT (DA): Madam Speaker, the aggressive tone of the recent controversial pronouncements by the Minister of Arts and Culture, Dr Pallo Jordan, on Afrikaans place names is in conflict, firstly, with the spirit of the Constitution of South Africa, and secondly with the vision of his own department, whose aim it is to enhance and protect nation-building.
I ask the Minister, as custodian of the above-mentioned department, when he intends to move away from an attitude of “them” and “us”, and when he will strive to refer to all South Africans as “us”? I refer once again to the 1947 Afrikaans translation of ‘Nkosi Sikelel’ iAfrika, and I quote:
Ek kyk, en sien die skare voor my staan; Zoeloe en Kosa, Soeto en Sjangaan, en ek; ‘n blanke … vele volkre, ja .. almal verenigd om Gods seën te vra op net een tuiste, net een vaderland, want die Alwyse het ons saam geplant en saam laat worstel in Suid-Afrika… seën Heer, die land wat vele volke dra.
The Minister owes this group of fellow South Africans an apology for his insensitive and ill-considered pronouncements. Thank you. [Applause.]]
FIFTIETH ANNIVERSARY OF GHANA’S INDEPENDENCE
(Member’s Statement)
Mr M B SKOSANA (IFP): Madam Speaker, if I was in the House of Commons in Britain I would have said that my learned friend who spoke about Ghana just shot my fox, but because this is South Africa, I will continue. [Laughter.]
Today the IFP joins President Thabo Mbeki and Foreign Affairs Minister Nkosazana Dlamini-Zuma in celebrating with the leadership and people of Ghana their 50th anniversary of freedom and independence from British colonial rule.
The authors of African nationalism in the 20th century in 1965 wrote that as he was leaving the United States of America in 1945, after 10 years of study and hardship, and as his ship passed the Statue of Liberty, Kwame Nkrumah, with misty eyes vowed: “I shall never rest until I’ve carried your message to Africa.” Indeed, 12 years later, on 6 March 1957, Ghana became a free and independent country. True to his quest for a united Africa, Nkrumah called the Conference of Independent African States, which met in Accra, Ghana, in 1958.
Like most of his African-American contemporaries, among others Tom Boya, Nnamdi Azikiwe, Julius Nyerere, George Padmore and W E B Du Bois, Nkruma believed that the African personality, cultures and identities had been traumatised and adulterated in the name of civilisation; that self- government of a free and independent Africa would restore the collective historical consciousness so impaired by colonial rule. Thank you. [Applause.]
Determination of parole AND CORRECTIONAL SUPERVISION
(Member’s Statement)
Mr D V BLOEM (ANC): Madam Speaker, I wish to bring to the attention of this House and the public at large that the parole boards, and not the Minister of Correctional Services, have the competency and prerogative to consider and make recommendations on parole and correctional supervision. This is in line with the policy and legal imperatives, as outlined in the Correctional Services Act, which states that inmates, or any person nominated to represent them, can make a submission or an application to the department’s Case Management Committee for parole or correctional supervision.
It is the duty of the Case Management Committee, therefore, to advise on, or refer qualifying parole cases to the parole boards, which are constitutional structures comprising members of the community, representatives of justice and of safety and security. Only the parole boards are vested with the powers to grant or decline parole, for stipulated reasons.
It is only when a decision not in favour of the request for parole has been made by the parole boards that inmates can write to the Minister to request a review of the parole decision, citing valid reasons. In that instance, the Minister will write to the parole review board for a review of the decision. However, the review board’s decision to uphold or overturn the earlier decision of the parole boards is final and binding. After this process no further applications are made for another decision.
It is therefore incumbent upon us - public representatives - to educate the public of South Africa about the pieces of legislation that this House passes. And it is for this reason that we support the public education campaign of the department to raise awareness about these core functions, especially those related to the role of parole boards and the processes of granting parole and correctional supervision. The SPEAKER: Order! Hon member, your minute has expired.
Mr D V BLOEM: We also commend the Minister for ensuring that the public knows about it. Thank you very much. [Time expired.] [Applause.]
MURDER OF SHELDEAN HUMAN
(Member’s Statement)
Mr J BICI (UDM): Madam Speaker, the UDM extends its condolences to the parents and family, as well as the classmates, of seven-year-old Sheldean Human, who was discovered murdered yesterday. Our thoughts and prayers are with them during this time of bereavement.
After two weeks of trepidation and hope, the worst possible news broke yesterday. We draw a small degree of comfort from the fact that the police have a suspect in custody, and that he apparently confessed. Justice must follow swiftly so that guilty persons can be locked up and the keys thrown away.
We are horrified by the regularity of these despicable crimes against children in our country. A democratic and caring society cannot tolerate the presence of these predators in our midst. Yes, there are many broad strategies against crime in general, but the question needs to be asked: “What is the government doing specifically and efficiently to counter these particular crimes?” Thank you.
The SPEAKER: The FF … Plus! [Laughter.]
Mnr P J GROENEWALD (VF Plus): Dankie, mevrou die Speaker, die “Plus” is belangrik! [Tussenwerpsels.]
Die Grondwet van Suid-Afrika bepaal in artikel 205(3) die taak van die Polisiediens is om misdaad te bestry en om die inwoners van die land asook hulle eiendom te beskerm en te beveilig. Dit is hoekom mense belasting betaal. Die regering kom egter nie sy grondwetlike plig na nie.
As ’n mens met die agb Minister van Veiligheid en Sekuriteit daaroor praat, sê hy jy moet ophou kla of die land verlaat. Inwoners moet hulself beveilig en self hulle eiendom beskerm.
In dié verband het die VF Plus ook die inisiatief geneem en onder leiding van sy Gauteng-leier, mnr Jaco Mulder, die Nasionale Burgerlike Veiligheid- en Sekuriteitsaksie gevestig.
Hierdie artikel 21-maatskappy sonder winsbejag het ten doel om gemeenskappe te aktiveer om saam te staan teen misdaad, om gemeenskappe te bemagtig om misdaad op proaktiewe wyse te beveg en om slagoffers van misdaad te ondersteun. In kort is die missie om deur middel van ’n nasionale inisiatief burgers van die land, ook in die buiteland, te mobiliseer tot ’n geïntegreerde veldtog vir die herstel van wet en orde.
Omdat die regering te sleg is om misdaad te bestry word die publiek gevra om hierdie inisiatief te ondersteun, en meer inligting kan verkry word by www.nacissa.org.za. [Tussenwerpsels.] Ek dank u. [Tussenwerpsels.] (Translation of Afrikaans paragraphs follows.)
[Mr P J GROENEWALD (FF Plus): Thank you, Madam Speaker, the “Plus” is important. [Interjections.]
The Constitution of South Africa stipulates in section 205(3) that the tasks of the police services are to combat crime and to protect and secure the inhabitants of the Republic and their property. That is why people pay taxes. This government is, however, not performing its constitutional duty.
If one speaks to the hon Minister of Safety and Security about that, he tells you to stop complaining or to leave the country. The inhabitants must safeguard themselves and protect their property.
In this regard the FF Plus have also taken the initiative and under the leadership of its Gauteng leader, Mr Jaco Mulder, established the National Civil Safety and Security Action.
This non-profit seeking section 21 company aims to activate communities to stand together against crime, to empower communities to fight crime in a proactive manner and to support the victims of crime. In short, the mission is to mobilise the citizens of the Republic, including those abroad, through a national initiative into an integrated campaign for the restoration of law and order.
Because the government is too feeble to combat crime the public is being asked to support this initiative, and more information can be obtained at www.nacissa.org.za.[Interjections.] I thank you. [Interjections.]]
WISHING FATHER KIERAN CREAGH A SPEEDY RECOVERY AND SUPPORTING THE FIGHT AGAINST CRIME
(Member’s Statement)
The ACTING CHIEF WHIP OF THE MAJORITY PARTY (ANC): Madam Chair, I am deployed to the ANC parliamentary constituency office in Atteridgeville in the Tshwane Metro, together with the hon Lulu Xingwana and the hon Richard Ntuli. On Thursday, 1 March 2007, we were shocked to hear that Father Kieran Creagh had been shot twice outside his house at Leratong Hospice in Atteridgeville West.
Father Kieran, a Catholic priest from Dublin, Ireland, was instrumental in setting up and running the hospice. He has also volunteered to be injected with a trial HIV vaccine. In 2004 he was named Irish International Personality of the year. On Sunday, Dr Gwen Ramokgopa, the Mayor of Tshwane, ward councillor Antoinette Swart and I visited Father Kieran’s father, Jim, and his brother, Paul.
The spirit of ubuntu that pervades his work was evident from the moving way in which they described his commitment to the hospice and the community of Atteridgeville West. The SA Police Service in Atteridgeville has given the assurance that they, working together with the members of the community, will leave no stone unturned to get to the bottom of this terrible crime.
We call upon all members of the community to answer the call made in the ANC 8 January Statement to participate in an extensive mass campaign to mobilise communities to assume leadership in the struggle for peace, stability and safer places to live by strengthening partnerships between communities and the police services, and between the public and private sectors, and by intensifying the struggle against the causes of crime.
We wish Father Kieran a speedy recovery, and would like to say to the entire Creagh family that they are in our thoughts and prayers. We pledge our support to the patients, staff and board of Leratong Hospice during this difficult time. [Applause.]
BUILDING OF SCHOOL AND DESTRUCTION OF WETLAND AREA
(Member’s Statement)
Moulana M R SAYEDALI-SHAH (DA): Chairperson, the decision by the ANC-run Nelspruit municipal Town Council to bulldoze and destroy a wetland area in order to build a school speaks of a flagrant disregard for proper procedure and relevant legislative requirements. Specifically, no environmental impact assessment was undertaken and no environmental management plan was drafted. The consequence is that the entire exercise was, in fact, illegal.
While the DA understands the necessity for relocating the school in order to make way for the 2010 Mbombela Stadium, this incident is completely unacceptable. Those individuals responsible must now be brought to account. It is simply no good to impose a general and relatively small fine on the municipality.
Both the Ministers of Local Government and Environmental Affairs must take urgent action and find out who in particular, was responsible and what action was taken against them specifically. If none, they must move to make an example of them.
There is a culture, I might add, of unaccountability that has come to define the ANC government’s management style. Too often mismanagement is simply glossed over and dismissed. The country’s rules and regulations mean nothing, unless there is a strong leadership to support and implement them. Thank you. [Applause.]
PREVENTION OF ILLEGAL MONEY LENDING BY LOAN SHARKS
(Member’s Statement)
Mnr C T FROLICK (ANC): Mevrou die Voorsitter, die praktyk van onwettige geldvoorskietery in arm gemeenskappe moet kortgeknip word ten einde te verseker dat kwesbare groepe, soos vroue en kinders, beskerm word teen uitbuiting en finansiële verwaarlosing.
Persone wat dié praktyk toepas, of te wel die sogenaamde skoppers, wat hulle skuldig maak aan hierdie wanbedryf, skiet gewoonlik teen buitensporige hoë rentekoerse geld, kos of alkohol voor aan ontvangers van maatskaplike toelae. Dit word gedoen met die voorvereiste dat so ’n persoon se identiteitsdokument, bankkaartjie en maatskaplike toelaekaart aan die skopper oorhandig moet word as ’n waarborg dat die lening terugbetaal sal word.
Die gevolg is dat die ontvangers van maatskaplike toelae wat betrokke is by hierdie wanpraktyk nie meer in besit van hul persoonlike items is nie, en oorgelewer word aan manipulasie van die geldvoorskieter. Gevolglik kan sulke mense nie in aanmerking kom vir die regering se armoedeverligtingsprogramme en gratis munisipale dienste nie. Verlede week het ’n lid van die gemeenskap ’n plastieksak vol persoonlike dokumente, insluitende identiteitsdokumente en bankkaarte, by my kiesafdelingkantoor kom inhandig nadat dit in ’n vullishouer gevind is. Die samewerking van die plaaslike polisie en amptenare van die Departement van Maatskaplike Ontwikkeling het daartoe gelei dat twee persone wie onwettig geld voorskiet aangekeer is en eendag sal hulle in die hof verskyn op ’n reeks aanklagte van bedrog. Die ANC doen ’n beroep op alle ontvangers van maatskaplike toelae om die geld op ’n verantwoordelike wyse aan te wend om hulle lewensomstandighede te verbeter, en nie die prooi te word van gewetenlose skurke nie. Ek dank u. [Applous.] (Translation of Afrikaans member’s statement follows.)
[Mr C T FROLICK (ANC): Madam Chair, the practice of illegal money lending in poor communities must be stopped in order to ensure that vulnerable groups, such as women and children, are protected against exploitation and financial neglect.
People who practice this, the so-called loan sharks, who are guilty of this malpractice, usually advance money, food or alcohol at exorbitantly high interest rates to the recipients of social grants. This is done on condition that such a person’s identity document, bank card and social grant card are handed over to the loan shark as a guarantee that the loan will be repaid.
The result is that the recipients of social grants who are involved in this malpractice are no longer in possession of their personal effects, and are subject to the manipulation of these loan sharks. As a result such people cannot qualify for the government’s poverty alleviation programmes and free municipal services.
Last week a member of the community came to hand in a plastic bag filled with personal documents, including identity documents and bank cards, at my constituency office, after it had been found in a rubbish bin. The co- operation of the local police and officials from the Department of Social Development led to the arrest of two people who advance money illegally and one day they will appear in court on a series of fraud charges. The ANC calls upon all recipients of social grants to use the money in a responsible manner to better their living conditions, and not to fall prey to such unscrupulous thugs. Thank you. [Applause.]]
The HOUSE CHAIRPERSON (Ms C-S Botha): Before I call the IFP, could the DA remain slightly quieter? Thank you.
LANGUAGE EQUALITY AND PROTECTION IN THE CONSTITUTION – MULTILINGUALISM
(Member’s Statement)
Mr V B NDLOVU (IFP): Wenza kahle-ke impela. [You are absolutely doing the right thing.] Deputy Chair, the IFP knows that the FW de Klerk Foundation and the Premier of Western Cape have recently reached an agreement to respect and uphold the language rights of non-English-speaking police officers in the Western Cape.
The original case was brought by the foundation after complaints by the Afrikaans-speaking officers. This was the result of an unconstitutional order by the Boland Area Commissioner four years ago that only English must be used by police officers for internal communication purposes. The IFP welcomes this agreement but deplores the fact that the foundation had to threaten court action before an amicable settlement could be reached. Surely, the authorities must have known that the original order was unconstitutional and illegal? It was also a contravention of standing national police orders.
Furthermore, the Constitution protects South Africa’s 11 official languages and places them on an equal footing. It also promotes multilingualism and especially promotes indigenous languages. This constitutional protection is not optional and open to different interpretation. It is cemented in the Constitution. The IFP therefore calls on the government to accelerate the promotion of multilingualism, especially the promotion of indigenous languages in all organs of state. Thank you.
WOMEN’S ECONOMIC EMPOWERMENT WORKSHOP HELD IN LENASIA
(Member’s Statement)
Mr S J NJIKELANA (ANC): Chairperson, an economic empowerment workshop which was a joint effort between Lenasia, Palestine and Kliptown parliamentary constituency offices and the Department of Trade and Industry was held for 280 women in Lenasia in the deep South last month. This workshop was a follow-up to the one held at Orange Farm last year, which was attended by 349 women. The focal point was to expose women and other marginalised sectors to government services that are aimed at empowering them economically.
Whilst around 25 officials from various government departments participated in last year’s workshop, the one held this year resolved to establish a business forum for women in the deep South and develop a long-term programme on economic empowerment that goes beyond the mere running of workshops.
Fellow MPs, we need always to be mindful of the ANC’s commitment to the creation of material and cultural conditions that would allow the abilities of women to flourish and enrich the life of the nation. This was also a response to the President’s call in his state of the nation address last year which emphasised paying particular attention in this regard to broad- based black economic empowerment and the development of women and the youth.
As I stand here, I wholeheartedly salute all the women who worked with me to make this endeavour a resounding success; the Department of Trade and Industry, particularly Deputy Minister Elizabeth Thabethe; MPs Vadi, Dr Ebrahim Saloojee, Mazibuko and Prof Mohamed. Ndiyabulela. [Thank you.] [Applause.]
DEATH OF SHELDEAN HUMAN AND SAFETY OF CHILDREN
(Member’s Statement)
Mr M WATERS (DA): Chair, the terrible death of seven-year-old Sheldean Human is yet another sad reminder that no child in South Africa is safe from sexual and violent predators. The DA sends its deepest condolences to her family.
Real South Africa and E-Block Watch are declaring Friday a pink day in remembrance of Sheldean as it was the colour she wore on the day of her abduction. Flowers are also to be laid at the gates of Parliament.
But we must not forget the three children that are murdered every day in our country, and that’s according to official government figures. There are practical and affordable steps that the government, the private sector and concerned residents can take to protect children better. The first few hours after a child goes missing are the most crucial. It is during this period that we need to implement targeted intervention strategies.
The DA released a policy in 2005 outlining proposals that could be used in combating this scourge and we propose the following, firstly, that a voluntary partnership between the police and cellphone companies be adopted using photos and SMS messages: cellphone users in the area where the child was reported missing would then receive the information first and the circle would widen as time progressed; secondly, that a similar partnership between the police and broadcasters be set up so that as soon as radio stations in the vicinity of a reported abduction receive an alert from the police, they will immediately broadcast all available information about the child and the alleged abductor; thirdly, that in large shopping centres and retail stores, procedures should be put in place to immediately alert customers and staff to a child reported missing.
We also propose a compulsory inclusion of fingerprints on birth certificates after the age of one year to be included on a national database linked to the SAPS. Finally, we propose using chips and street bags and cool drink cans to raise awareness of both children and parents about the safety of children. Thank you very much. [Applause.]
DOUBT CAST ON ABILITY TO HOST SOCCER WORLD CUP
(Member’s Statement)
Mr M M DIKGACWI (ANC): Madam Chair, late last year certain sectors of society persisted in casting doubt on the ability of our country to meet the guarantees to host the Fifa 2010 Soccer World Cup. At the time the focus was on the progress made in the awarding of tenders for construction and the upgrading of the venues earmarked to host this prestigious event.
No effort was spared in driving a concerted campaign to undermine the sterling work done in preparation for the event, and this went so far as to suggest that our country was at risk of losing the host status for the event.
The confidence displayed by Fifa executive and by President Sepp Blatter in our country’s ability to host a successful event is simply ignored by the prophets of doom. It is thus not surprising that the hon Leon could not resist the temptation in his weekly on-line publication self-righteously to cast aspersions of corruption in the tender and bidding process for the construction of the stadium in the Nelson Mandela municipality.
The Local Organising Committee, through the National Treasury, provided technical support to municipalities to ensure that all provisions of the Public Finance Management Act and the Local Government: Municipal Finance Management Act were adhered to. The final decision remains the responsibility of the municipality after meeting the requirements.
It is surprising that more often when black people get to be involved in business, some sections of our society raise the flag of corruption, even before establishing the facts on the ground. They are more interested in creating negative perceptions about black people than about finding and telling the truth. Ilo ndaba! [That is the problem.] Thank you. [Time expired.] [Applause.]
The HOUSE CHAIRPERSON (Ms C-S Botha): Two parties did not use their opportunity for making statements. The ANC has another opportunity.
COMMUNITY CENTRES AND SERVICES IN BOLUBEDU
(Member’s Statement)
Manana C NKUNA (ANC): Muchaviseki Mutshami wa Xitulu inkomu. Hi siku ra 3 ra n’hweti ya Nyenyankulu lembe leri, Muprimiya wa xifundzankulu xa Limpopo, yena Tatana Sello Moloto u simekile multipurpose community centre endhawini leyi vuriwaka Mukwakwaila, etikweni ra Hosi Mudjadji. Eku sunguleni xikongomelo xa muako lowu a kuri ndhawu ya vutiphini hi ku hambana hambana ka byona, ku nga ri vukorhokeri bya tiko.
Hofosi ya Palamende eka Mokwakwaila, mfuno wa xikaya kunye na Ndzawulo ya Vuhlanganisi va endlile leswaku muako lowu wu va wa vukorhokeri bya vaaka- tiko hi lembe ra 2005. Tindzawulo leti kumekaka eka vukorhokeri lebyi hi ti, i Ndzawulo ya Vutisirheleli na Ndzawulo ya Swa Nhlayiso kasi tindhzawulo leti taka kan’we hi vhiki hi leti, Ndzawulo ya Swa Mintirho, Ndzawulo ya Makhotso, Ndzawulo ya Timhaka ta Xikaya na Ndzawulo ya Swa Vutleketli. Tindzawulo leti ti nga ri ki kona i Ndzawulo ya Dyondzo, ya mintirho, ya rihanyo ni ya mati.
Holobye wa xifundzankulu xa Limpopo u komberile no hlohlotela vaaka-tiko ku tirhisa vukorhokeri lebyi. U tlhele a vula leswaku ku akiwa ka patu ra xikontiri swi ta engetela vukorhokeri na mingingiriko eBolubedu. Inkomu. (Translation of Xitsonga member’s statement follows.)
[Mrs C NKUNA (ANC): Thank you, hon Chairperson. On 3 March this year, the Premier of Limpopo, hon Sello Moloto, launched a multipurpose community centre at a place called Mukwakwaila, in the jurisdiction of Chief Mudjadji. The initial purpose of this institution was to provide various entertainment activities and not to provide community services.
The local Council at Mukwakwaila, the local government and the Department of Communications turned this building into a community service centre in
- The Departments of Defence and of Social Services are represented in this building, while those of Labour, Correctional Services, Home Affairs and Transport only come once a week. The Departments of Education, Public Works, Health and Water Affairs and Forestry are not catered for.
The Premier has asked and encouraged community members to make use of these services. He also said that the construction of a tarred road would further enhance service delivery as well as other activities at Bolobedu. Thank you.]
SUSTAINABILITY FOR ENVIROMENTAL POLICY ON GLOBAL WARMING
(Member’s Statement)
Mrs S V KALYAN (DA): Chairperson, there is no doubt that, as a country, we need to change our attitude and mindset in relation to the natural environment. Our resources are running out fast. Water, land and air pollution is on the increase. The drastic impact of global warming and climate change is there for all to see, and its effect continues to threaten the very survival of both animal and human life. Put plainly, we are living on borrowed time unless we put the issue of climate change high on the country’s agenda. Surely it can’t be business as usual?
The DA therefore calls on government to formulate and implement a vigorously green sustainable policy, actively seeking the co-operation of all relevant stakeholders, including the private and government sectors. [Applause.]
DETERMINATION OF PAROLE AND CORRECTIONAL SUPERVISION AND GOVERNMENT
COMMITTED TO FIGHTING CRIME
(Minister’s Responses)
The MINISTER OF CORRECTIONAL SERVICES: Chairperson, I am rising on two matters. One, on the issue of parole and correctional supervision. I do want to thank the chairperson of the portfolio committee for assisting in spreading the message of parole and correctional systems to all the people of our country, and for the call he made on all of us as public representatives to assist communities to understand this new system of correction and rehabilitation.
It is a new system that was accepted by our Cabinet in 2005, and therefore we call upon those families to assist their offenders or inmates to understand how it works – that it doesn’t work via the Minister, but via the case management systems, which they know of. It goes to parole boards and thereafter to the Parole Review Board. Should you not be happy with the decision, you can then write to the Minister who will, in turn, write to the review board. The Minister does not interfere in that.
As Minister, I will try to adhere to these systems and processes, and there will be no back door or nonprocedural requests directed to me. The integrity of this department must be protected by me and by all who work in it. Thank you very much. [Applause.]
With regard to the second matter, there is no doubt that the government of South Africa, the ANC, is committed to fighting crime and to bringing about safe and peaceful as well as stable communities. We therefore ask communities to work in partnership with our Police Service to intensify the struggle against the causes of crime and crime itself.
Therefore, our thoughts and prayers go to Father Kieran, to Sheldean and her family, and to all the families that are affected by crime. Thank you. [Applause.]
NAME CHANGES
(Minister’s Response)
The MINISTER OF ARTS AND CULTURE: Madam Chairperson, the issue of name changes has been on the agenda in South Africa since 1998, when the relevant legislation was passed. Since then a number of changes of place names have been executed. During my incumbency, I have agreed to a number of changes to place names as well.
Why this should be seen as an issue impacting negatively on national cohesion or nation-building still eludes me. The terms that were used by the hon speaker on the other side of the House: insensitivity, violation of the spirit of the Constitution, etc, I think, are absolutely inappropriate. Let us understand that sensitivity is not only sensitivity about the feelings and the pride of one section of our community. Every place that is occupied by human beings in South Africa had a name before Jan van Riebeeck landed here at the Cape in 1652 – every place - including Cape Town itself. [Applause.] Every river had a name; every mountain had a name. We don’t use those names anymore. They are not even on the maps, because those who came with Van Riebeeck and afterwards obliterated those names without one gram of sensitivity to the people who were here before. So, please, do not lecture us on sensitivity - please! [Applause.] Please don’t lecture us on that.
Reconciliation means a two-way street, not a one-way street, which seems to be what the hon member proceeds from. [Time expired.] [Applause.]
CLIMATE CHANGE
(Minister’s Response)
The MINISTER OF PUBLIC WORKS: Madam Chair, hon members, I just want to say about the issue of climate change that, indeed, there might be a need for engagement, particularly with the Ministry of Environmental Affairs and Tourism, together with the department.
There have been processes in which an interdepartmental committee, including researchers from other institutions, as well as academia, have looked at the South African situation with regard to climate change, at the global situation and therefore at the mechanisms we as a country can put in place in order to mitigate the situation, and also at working with other countries in managing this important issue that has been mentioned by the hon member.
I will say that if there is a further detail that is required, I think it would be proper that maybe the Committee on Environment with those who are interested may engage on this discussion to look at how far South Africa has gone in managing, as well as having foresight into, what might be required in terms of policy or regulation to ensure that we can meet this challenge, all of us.
MICROLENDERS WHO DEMAND PIN NUMBERS FROM CLIENTS
(Minister’s Response)
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Dr R H Davies): Chairperson, I want to respond to the statement that was made by the hon Frolick. The practice of microlenders’ holding identity cards and bank cards and demanding pin numbers from clients has actually been an offence and has been a prohibited practice for a number of years. I am glad that in the particular case he mentioned, action was taken against the perpetrators.
I just want to take this opportunity to urge members who come across these practices in their constituencies to approach the police, the Micro Finance Regulatory Council, the National Credit Regulator - when that body is up and running - or to approach the department through us. This is because we are actually determined to stamp out all practices which prey on vulnerable poor people at the expense of unscrupulous moneylenders. Thank you very much. [Applause.]
CONSIDERATION OF REPORT OF MEDIATION COMMITTEE ON FOODSTUFFS, COSMETICS AND DISINFECTANTS AMENDMENT BILL
There was no debate.
The ACTING CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move that the Report be adopted.
Motion agreed to.
Report accordingly adopted.
FOODSTUFFS, COSMETICS AND DISINFECTANTS AMENDMENT
(Consideration of Bill)
The HOUSE CHAIPERSON (Ms C-S Botha): I now call the co-chairperson of the Mediation Committee.
Mr L V J NGCULU: Chairperson, the Bill itself was presented to the Chamber and thus referred to the Mediation Committee on the basis of some of the concerns arising from some amendments relating to some specific clauses and/or definitions of the Bill itself.
I won’t take much time of this House in terms of going back to the objects and other related matters of the Bill, suffice perhaps to say in particular here that the amendments that were actually proposed by the portfolio committee to the House, especially around the species of mollusc, were actually referred to the NCOP. In the NCOP amendments, I think, they made certain amendments that in practice might have tended to create problems in the implementation of the Bill.
In that regard therefore the Portfolio Committee on Health heard certain suggestions around these issues and could not technically agree with the amendments of the NCOP. Our own view in particular was around the definition of the mollusc. I don’t really want to go into the detail of the scientific definitions of the mollusc for the purposes of this House, because it may not be of great interest in this regard.
But in terms of our own view as a portfolio committee, having met with the Mediation Committee on 21 February 2007, we agreed that in fact the proposal of the portfolio committee on the definition of the mollusc was more limited in terms of the definition of the species itself rather than presenting examples - because if you make examples in the law of interpretation it means you exclude others.
We felt it better to make the definition in the strictest sense of the definition, without reference to the amendments in this regard. In this regard, therefore, those amendments of the portfolio committee were accepted, and I think we would like to thank in particular our Acting Chief Whip who assisted greatly in terms of accepting this. We also would like to thank the parliamentary law advisers and the state law advisers in this regard. Thank you very much. [Applause.]
The ACTING CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move that the Bill be passed.
Motion agreed to.
Bill accordingly passed.
The House adjourned at 14:50. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
MONDAY, 5 MARCH 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Classification of Bill by Joint Tagging Mechanism
(1) The Joint Tagging Mechanism, on 1 March 2007 in terms of Joint
Rule 160(6)(b), classified the following Bill as a section 75
Bill:
(a) Convention on International Interests in Mobile Equipment
Bill [B 1 – 2007] (National Assembly – sec 75).
The Speaker
-
Membership of Assembly
1) The following member lost his seat in the National Assembly with effect from 14 December 2006:
Goniwe, M T.
2) The vacancy which occurred in the National Assembly owing to the death of Mr Z J Kati on 29 September 2006, has been filled with effect from 28 February 2007 by the nomination of Ms N M Twala.
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Social Development
(a) Strategic Plan of the Department of Social Development for 2007 to 2010 [RP 23-2007].
(b) Strategic Plan of the National Development Agency (NDA) for 2006/07 to 2010/11 [RP 15-2007].
-
The Minister of Safety and Security
(a) Report of the National Commissioner of the South African Police Service (SAPS) for the period of July 2006 to December 2006, in terms of section 18(5)(d) of the Domestic Violence Act, 1998 (Act No 116 of 1998).
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The Minister for Agriculture and Land Affairs
(a) Strategic Plan of the Department of Land Affairs for 2007 to 2010.
National Assembly
- The Speaker
(a) Report of Public Protector in terms of section 8(1) of the Public Protector Act, 1994 (Act No 23 of 1994), on a complaint by Mr L Khumalo.
Referred to the Portfolio Committee on Justice and Constitutional
Development for consideration.
(b) Report of the Public Service Commission on Managing Conflicts of Interest in the Public Service – 2006.
COMMITTEE REPORTS
National Assembly
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Report of the Portfolio Committee on Labour on the International Labour Conference (ILO), dated 27 February 2007:
The Portfolio Committee on Labour, having been represented by a multi- party delegation at the International Labour Conference, reports as follows:
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Background
The Committee resolved to send a multi-party delegation to attend the annual International Labour Conference (ILC) in Geneva. Ms Kasienyane (ANC), Mr BM Mkongi (ANC) and Ms H Weber (DA) accompanied by the Committee Secretary, Ms P Jayiya, attended the Conference from 12-16 June 2006. The delegation attended meetings of the Africa group, tripartite alliance, proceedings in Committees and plenaries.
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Introduction
The report gives a synopsis of the proceedings of the 95th Session of the International Labour Organisation (ILO) which took place in Geneva from 31 May to 16 June 2006. The agenda consisted of standing items and items placed on the agenda by the Conference of the Governing Body, items that were dealt with by various Committees, the reports of the Director-General of the ILO, a summary of the activities of the Africa group, a summary of discussions in Committees, and instruments that were adopted at the Conference.
Standing items
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Report of the Chairperson of the Governing Body and the Director- General
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Global report under the follow-up to the ILO Declaration on the Fundamental Principles and Rights at Work
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Programme, budget and other questions
- Information and reports on the application of Conventions and Recommendations Agenda:
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The occupational safety and health- standard setting, second discussion with a view to adopt a Convention and a Recommendation.
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The employment relationship-standard setting, single discussion with a view to adopt a Recommendation
- The role of the ILO in technical co-operation- general discussion
- Official opening
The official opening took place on 31 May in Palais des Nations and was addressed by Mr Trotman (Worker Vice-President). The following people were elected as officials of the 95th session of the Conference: President: Minister Khalil, Minister of Labour:Jordaan Worker: Sir Trotman, Barbados Employer: Mr Fuernes, Argentina Having outlined the procedures and identified other officers at the meeting, the Chairperson suspended the plenary until Monday, 6 June 2006.- AFRICA GROUP
The Africa Group met daily under the co-ordination of Kenya. These meetings discussed the continent’s common position in the various committees, and progress and feedbacks on agreed interventions. During the discussions of the Africa group, amendments were discussed and agreed to before submission to committees. The spokesperson of different committees provided written reports of their presentations so that members could familiarise themselves with the document. Member states that would appear before the Standards Committee were expected to provide written submissions so that other member states could be able to support them. The representation of the African group in Committees was agreed as follows: Committee on Finance and Administration: Senegal Committee on Employment Relations: South Africa Committee on Occupational Safety and Health: Uganda Committee on Technical Cooperation: Morroco Committee on the Application of Standards: Nigeria The group had an honour of being addressed by President Johnson- Sirleaf of Liberia.- Governing Body Membership
The Governing Body is the executive council of the ILO that takes decisions on policy and establishes the programme and budget of the 178 member states of the ILO. This body meets three times annually in Geneva. The Governing Body elected Minister Mdladlana as Chairperson for the 2006/07 session. Sir Leroy Trotman, General Secretary of the Barbados Worker’s Union and spokesperson of the Workers’ group, was elected as Workers’ Vice-Chairperson. Mr Daniel Funes de Rioja, President of the Social Policy Department of the Argentine Industrial Union, and Chairperson of the Employers’ group was re-elected as Employer Vice-Chairperson. The Governing Body also approved the Report of the ILO Committee on Freedom of Association and examined 102 cases. Reports of the Director-General and Governing BodyReport on the changing patterns in the world of work
The report on changing patterns in the world of work provided a synthesis of the global context in which the ILO was advancing the decent work agenda. It also provided an integrated view of the multiple changes and processes in the world of work and how the ILO tools could be used, shaped and adapted to address these changes.
The report was aimed at putting experiences and knowledge about work in the global perspective. It acknowledged the centrality of work as a source of dignity and fulfilment in people’s lives. Whilst work is recognised as diverse, the report alluded to the dignity of work having been devalued and thought as simply a factor of production. However, that connects with the reality of the ILO’s mandate. The report stimulated a debate around issues that will contribute to the achievement of the strategic objective of making decent work a global and national reality.
The report acknowledged changes brought about by the liberalisation of trade and capital flows resulting in more workers and employers competing in a global market.
The report related to the significance of human rights as an anchor of values at work. It argued that the management of change in the workplace will depend on the quality of work organisation. It called for the balance of the need for flexibility and security which required a strong based approach to the governance of labour markets that foster social dialogue.
The item on the creation of work was part of the report. It emphasised the importance of investment and enterprise development and skills development in the creation of work.
The Director-General commended the manner in which tripartism had contributed to explaining and promoting the decent work agenda. He reiterated that although tripartism was not perfect in every country, the decent work programmes would progressively become the main instrument for co-operation by member states. He acknowledged that the ILO was faced with a challenge of stepping up its efforts in translating the global political support into policies that make decent work a national reality. He also suggested that if the decent work agenda had a connection with politics, there was a need for the ILO to assist governments and social partners to align this approach to policies and translate it into meaningful change in people’s lives.
The ILO is working with multilateral, regional and individual development co-operation agencies, including the International Monetory Fund and the World Bank, to systematically integrate the objectives of productive employment and decent work in their policy dialogue .
The Director-General pointed out that while the international community was analysing and giving support to the decent work agenda, the ILO had continued its regular business of discussing, negotiating and agreeing on action on some key policy approaches to make that agenda happen. In order to respond to the challenges that might be faced, there would be a need to strengthen the capacity of the ILO. There should be a global commitment and recognition of the role that tripartism played in stabilising societies, ensuring consensus building, as well as having good industrial relations.
Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work
The Director-General of the ILO, as part of the follow-up to the Declaration on Fundamental Principles and Rights at Work, adopted by the Conference at its 86th Session in 1998, is expected to table a report annually that provides a global picture that relates to one of the four categories of the fundamental principles and rights.
This year’s global report focused on the effective abolition of child labour in member states that have ratified and those that have not ratified the relevant fundamental ILO Conventions, namely the Minimum Age Convention, 1973 (No. 138) and the Worst Forms of Child Labour Convention, 1999 (No. 182).
The report indicated that the involvement of children in work had declined, especially in the areas of harmful work. The highest incidences were, however, still found in Sub-Saharan Africa. According to the report, in 2004 it was estimated that out of 317 million economically active children in the world, 218 million were child labourers. Of these, 126 million were engaged in harzardous work.
The report also focused on the different policy choices governments made to address child labour and why certain countries have managed to reach a critical threshold in achieving universal education and the elimination of child labour. It concurred that coherence in policies such as poverty alleviation, provision of quality education, social protection measures, including the protection of worker rights, were important to eliminate child labour.
The report pointed out that co-operation between employers and workers was critical in the fight against child labour. Corporate social responsibility and capacity building were also identified as important elements in addressing child labour.
Mainstreaming of child labour issues was highlighted as one of the interventions in dealing with child labour. The focus was on gender mainstreaming, i.e to promote gender equality and get children back to school.
What emerged from the report was that although there was a high rate of activity in policy formulation and the adoption of plans of action, limited attention was given to the most vulnerable children and even less to the situation of girls. It was also felt that very few governments were giving attention to forced and bonded labour. Less action was reported on improving legislation against the use, procuring or offering of children for illicit activities.
The value of Time Bound Programme (TBP) measures was discussed thoroughly in the report. The TBP is a tool that was developed to deal effectively with the worst forms of child labour. The effectiveness of the TBP could be achieved through the empowerment of key agencies and institutions, governments, organised business and labour, and non-governmental organisations (NGOs).
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Summary of discussions in Committees
Committee on Freedom of Association
Special attention was drawn to the cases of Cambodia, Djibouti and Zimbabwe because of their serious and urgent nature.
With respect to Cambodia, the Committee urged the government to take measures to ensure that trade union rights of workers were respected, and that trade unionists were able to exercise their activities in a climate that was free from intimidation.
In the case of Djibouti, the Committee requested the government to take measures concerning the reinstatement of trade union officials and workers who were dismissed following a strike, and to launch an independent inquiry into allegations of harassment and unfair dismissal of trade union officials.
In the case of Zimbabwe, the Committee reiterated its deep concern about the general trade union climate in Zimbabwe. It requested the government to accept a direct contact mission.
The Committee also drew the attention of the Governing Body to the case of the Islamic Republic of Iran. It urged the government to institute an independent inquiry into allegations of interrogation, threats and harassment by the Ministry of Intelligence against trade unionists and to keep it informed of the outcome.
Committee on Application of Standards
This Committee is a standing Conference Committee whose terms of reference are defined in article 7 of the Standing Orders of the Conference. Its mandate is to report on the extent to which member states fulfill their standards-related obligations.
The work of this Committee is based on the report of the Committee of Experts on the Application of Conventions and Recommendations, which is composed of legal experts from different regions of the world.
Part of the general discussions in this Committee included examining the General Survey of the Committee of Experts concerning the following:
- Labour Inspection Convention, 1947 (No. 81);
- The Protocol of 1995 to the Labour Convention, 1947 (No. 81);
- Labour Inspection Recommendation, 1947 (No. 81);
- Labour Inspection (Agriculture) Convention, 1969 (No. 129);
- Labour Inspection (Mining and Transport) Recommendation, 1947 (No.82); and
- Labour Inspection (Agriculture) Recommendation, 1969 (No. 133).
The Committee elected its officers as follows: Chairperson: Mr Sergio Paixao Pardo (Government member, Brazil); Vice Chairpersons: Mr Edward E Potter (Employer member, US); Mr Luc Cortebeeck (Worker member, Belgium); and Reporter: Ms Carine Parra (Government member, France).
The Committee’s work during this session involved the examination of individual cases. Twenty-Five governments were invited to discuss the implementation of the law and practice of specific ratified Conventions. Of these, five were African countries. In addition to fundamental Conventions, several technical Conventions such as those relating to indigenous people, asbestos, wages, vocational rehabilitation and employment of disabled persons, were covered. These Conventions were of great importance to achieve decent work in the context of the poverty reduction strategy.
The Committee requested the Office to adopt all possible measures to improve the situation and solve problems mentioned by governments. It further suggested that particular attention be given to countries that were registered at the Conference.
Committee on Occupational Safety and Health
The 93rd Session of the Conference decided, by resolution adopted on 15 June 2005, to place on the agenda of its 95th Session an item entitled ‘Occupational safety and health“ for the second discussion, with a view to adopt a Convention and a Recommendation.
The Committee, however, during the 95th session discussed Report IV (2A) on the Promotional framework for safety and health which was drafted on the basis of contributions from governments, employers and workers organizations. It also focussed on Report IV (2B) which contained the texts of the proposed Convention and Recommendation These were linked to other relevant ILO occupational safety and health instruments, particularly the Occupational Safety and Health Convention, 1981 (No. 155). The Convention further called for member states to consider steps that could be taken at national level to ratify and implement some key ILO occupational safety and health instruments.
The Conference adopted a resolution concerning asbestos which aimed to help prevent the unnecessary asbestos diseases and deaths in the future. This resolution reaffirmed the ILO’s longstanding policy on the protection of workers from cancer-causing substances.
Committee on Employment Relationship
The Conference dealt with this important subject for the second time in three years. The aim was to examine the increasingly frequent situations in which it was difficult to establish the existence of an employment relationship. The Conference considered the possible adoption of an international labour recommendation on the basis of a draft. The main lines were drawn from the debate, general discussion and conclusions on the employment relationship which took place at the 91st session of the ILC in 2003. The draft encouraged member states, in consultation with the social partners, to formulate and adopt a national policy that aimed to guarantee effective protection for workers carrying out their work in the context of an employment relationship.
The Conference dealt with two reports as a basis for this item. The first report, namely The employment relationship, Report V (I) International Labour Conference , 95th Conference, 2006, which contained a general presentation and a comparative analysis of the question, as well as a questionnaire to which governments were asked to give reasoned replies, in consultation with the representative organisations of employers and workers. The second report which consisted of Report V(2A) and Report (2B) included summaries of replies received and Office commentaries, and the proposed Recommendation to be submitted for discussion respectively.
The Recommendation, however, addressed the key issue in the world of work, and employment relations as the foundation on which most labour standards were built. The Recommendation recognizes that there were threats to the employment relationship which arose from different sources such as disguised and ambiguous employment, multiple and contractual arrangements and develops helpful responses to such threats.
The Recommendation provides for criteria, indicators and mechanisms to determine the existence of an employment relationship. It also addresses the gender dimension of the employment relationship and the challenges faced by women, as well as the cross-border movement of workers. The instrument also recognizes that laws and regulations, as well as their interpretation, should be compatible with objectives of decent work. The Recommendation laid a solid basis for future work by the ILO through guidance it gives to member states.
Committee on Technical Co-operation
Since 1999, significant changes took place in the approach and modalities for the development and implementation of ILO programmes and activities. The 2006 report of the Conference dealt with how the recent changes had affected ILO technical cooperation, and outlined the current developments in international development policies and programmes with a view to assist the Conference in making its views known on the role of technical cooperation in promoting the ILO decent work agenda. The report dealt with trends in technical cooperation, reviewed the substantive work conducted under strategic objectives and raised cross- cutting issues of mainstreaming tripatism and gender equality. Subsequently, in reviewing the programming framework for technical cooperation, the report described the integration of technical cooperation into the system of strategic planning and budgeting, discussed reform in the United Nations (UN) system aimed at harmonizing activities and creating synergies and partnerships, assessing the needs of constituents, and described Decent Work Country Programmes.
The Committee adopted conclusions that will lead the ILO’s work in the coming years, and recognized that technical co-operation was at the core of the ILO’s work. The conclusions identified priorities for action and challenges ahead of the ILO. The Conference reiterated that decent work country programmes would require an active involvement of social partners and the mobilization of financial and human resources for their operation. Tripartism and social dialogue were recognized as fundamental pillars in the design, implementation and evaluation of technical co-operation activities and in the realization of the decent work agenda. In the area of public-private partnerships, the conclusions clearly stated that the Governing Body should establish and monitor the implementation of clear guidelines and criteria for such partnerships.
Finance Committee
This Committee is responsible for discussing and concluding the budget of the ILC. The items discussed during the 95th session included the following:
- The status of the collection of contributions;
- The assessment of the contributions of new member states;
- The scale of assessment of contributions to the budget;
- The composition of the Administrative Tribunal on the ILO; and
- The programme and budget proposal for 2006/7.
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Instruments adopted
The Conference adopted the following instruments:
• The Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187);
• The Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197); and
• The Employment Relationship Recommendation, 2006 (No. 198).
The Committee notes the following resolutions of the Conference:
• Employment Relationships; • Resolution on asbestos; and • Occupational Health and Safety
With respect to employment relationships the Committee resolved the following:
1) The Committee should commission a study, with the assistance of DOL, on the impact of labour brokers in South Africa. 2) The Committee should invite DOL to present to it all the instruments that were adopted in the 95th International Labour Conference. 3) The budget of the Committee should be increased to allow for more members to attend the International Labour Conference.
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Report to be considered.
- Report of the Portfolio Committee on Provincial and Local Government on an International Oversight Visit to Kerala, India, dated 27 February 2007:
The Portfolio Committee on Provincial and Local Government, having undertaken an international oversight visit to Kerala, India, reports as follows:
A. INTRODUCTION
1. The Portfolio Committee on Provincial and Local Government
undertook a major study tour of municipalities from 20 to 30
January 2003 covering 41 municipalities, 3 metro sub-councils, 7
MECs and provincial departments, 4 ward committee and public
meetings, 3 urban and rural nodes, and 3 Planning and
Implementation Management Support Centres (PIMS). In several
districts, the local municipality representatives not only raised
issues about the districts to which they belong, but also the
specific challenges and other issues relating specifically to their
respective local municipalities. Several, in fact, gave full
reports on the conditions in their local municipalities.
2. Flowing from the study tour of 2003, a report and supplementary
report was produced and adopted by Parliament (See ATC No 53 – 2003
dated 13 May 2003 and ATC No 69 – 2003 dated 6 June 2003). One of
the main challenges emanating from the report was that of public
participation. The Committee felt that public participation and the
involvement of residents in matters of local government was of
strategic significance. More importantly it is at the heart of
strengthening our system of local government and requires further
study. Current mechanisms were partly drawn from international
experience and therefore we thought Kerala in India, being thought
of as one of the pioneers in this field, would yield interesting
lessons.
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Kerala was specifically chosen because there are a number of features of the Kerala system of government that are either similar to those obtaining in South Africa, or which have a bearing on possible future developments here. The Committee’s goal was to study the various dimensions of the decentralised and participatory developmental initiatives in Kerala. The Committee was keen to understand the different models of participatory development programmes currently being explored in Kerala - where huge leaps have been made in the devolution of powers and funds to local bodies.
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Those who participated in the tour were: Mr Solomon Lechesa Tsenoli (Chairperson, African National Congress), Mr Mpho Morepye Sephwe Lekgoro (African National Congress), Mr Isaac Dank Mogase (African National Congress), Mr Willem Phillips Doman (Democratic Alliance), Mr Peter Francis Smith (Inkatha Freedom Party) and Mr Llewellyn Alexander Brown (Committee Secretary).
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The central government and the regions (provinces) of Kerala were visited. These included visits to the Kerala Institute of Local Administration (Kila), Thrissur, Cochin, Varkala, Thiruvananthapuram, the Velookkkara Village Panchayat, the Thycattuseery Block Panchayat, the Perumbalam Village Panchayat, the Kudumbashree Units, the Municipal Corporation of Cochin, the Ernkulam District Panchayat and sessions with the Ministers of Local Government and Finance. Meetings involved a range of stakeholders including regional parliamentarians, local government councilors, government officials, academics and elected and official functionaries. All relevant institutions and role players were readily available to share their experiences with us in meetings supplemented by books and journals.
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The study tour was facilitated by the South African High Commission in New Delhi in conjunction with the Department of Foreign Affairs. The Committee records its appreciation to the Commission and Department and in particular Ms M L Minnie, Acting High Commissioner, Dr S George the programme coordinator and Ms Lynne Abrahams of the Parliamentary Research Unit for the valuable research material she was able to supply the delegation prior to the departure. The Committee is also especially grateful to its secretary, Mr L Brown, for the enormous amount of work he did to ensure the success of the study tour.
B. OBJECTIVES OF THE STUDY TOUR
Apart from all of the above mentioned - the main objectives of the
study tour were:
• To interact with key policy makers behind the system of
public participation.
• To interact with implementers and practitioners.
• To examine the systems institutional, financial, regulatory
framework that underpins public participation.
• To examine the history and other contextually relevant
issues that support public participation.
C. BACKGROUND ON KERALA
1. Kerala is one of India’s 25 states, situated in the south-
western tip of the
country, with the capital Thiruvananthapuram. Critical to Kerala’s
governance model is the state’s political and social history. It
was formed in 1956, by integrating the Malayalam-speaking states
of Travancore and Cochin and the British province of Malabar.
Kerala’s coastal area and its somewhat isolated location
contributed to the State’s very specific climatic, religious,
socio-political and economic characteristics. Its location allowed
Kerala since very early to maintain contact with foreign cultures,
and kept it little affected by the many wars that took place in
India (Pillai, 1994). Kerala’s contact with foreign cultures in
the past is still reflected in its unique pattern of religious
affiliations, the most heterogeneous in India with 57% Hindus,
21.5% Christians, 21% Muslims and the remaining 0.5% Buddhists,
animists and others (Pillai, 1994). Kerala combines this unique
social structure in one of the most densely populated regions in
the world.
Kerala's experience challenges conventional business arguments
that for poor regions to progress they must first have economic
growth. Kerala has taken a different path. Rather than waiting to
increase the State's wealth, popular movements and left-wing
governments have redistributed a significant level of the existing
wealth. As a result the State has achieved a broad-based basic
living standard
2. Kerala's unemployment runs about 25%. A quarter of the State GDP
actually comes from remittances of Keralans working abroad. While
this testifies to the high education levels achieved it also makes
Kerala quite vulnerable to external events. As in much of the
developing world, corporate practices have savaged the
environment. Industrial fishing methods have destroyed fish
stocks. Kerala has experienced major deforestation - leading the
State to nationalise much of what remains. Villages have sued Coca
Cola for destroying their water table through a bottling plant
that extracts 1.5 million litres a day. Green revolution crops
have drastically reduced biodiversity in coconut, bananas, and
other plants leaving farmers highly vulnerable to changes in
climate and pest conditions. Eighty-five percent of the State's
cultivatable land focuses on rice and just ten cash crops. It has
a population of around 32 million.
3. According to the census of 1991, the rate of literacy in Kerala is
94.59%. This literacy rate is more than double that of the
country. This is attributed to the fact that throughout much of
the 20th century, Kerala’s people organised to bring about near
first world levels of literacy, life expectancy, birth rates and
infant mortality, an effective public food distribution system, a
land reform that undercut the exploitation of the privileged
castes, and an agricultural labourers’ act that codified wages,
working conditions, and benefits.
4. The Kerala Model therefore means that across the State one finds
an educated population that has experienced major social reforms
in recent times.
D. POLITICAL AND ADMINISTRATIVE STRUCTURES
1. India had a 3-tier system of government with the centre being the
national government, the State and the Village Assembly at the
micro level. Other intermediary government levels (District and
Block) involved in development planning processes have since been
introduced.
2. Previously, government structures tended to consolidate power and
authority at the centre, however recent constitutional amendments
in India have decentralised power and authority to the grassroots,
especially political power. Sectoral committees at village level
have been created to cater for general administration, education,
health and social welfare, construction and development, and those
receive their mandates from the Wards (the lowest but most
important units of development planning in the villages).
3. The main aim of devolution of the planning process was explained
as attempting to reduce bureaucracy and to allow people to take
responsibility for development. Nevertheless, villages are still
dependent on the higher levels of government for financial
support. The national government provides a development framework
and guidelines, and is generally responsible for ensuring that
development happens and that the needs of the people are met.
Finances are therefore mobilised at the centre and allocated down
to the state, districts, and eventually to the blocks.
4. Decentralisation aims to strengthen and promote democracy to
enable local participation in development processes as well as
providing transparent, accountable and responsive governance. Thus
the salient features of the 73rd Amendment included the following:
• To provide a 3-tier system of Panchayat Raj;
• To hold Panchayat elections regularly every 5 years;
• To provide reservation of seats for Scheduled Castes,
Scheduled Tribes and women (not less than 33% of total
seats);
• To appoint State Finance Commissions (SFCs) to make
recommendations regarding the financial powers of the
Panchayats, and
• To constitute District Planning Committees to prepare draft
development plans for districts.
- The new decentralised governance model is structured to provide an enabling environment for ordinary people to participate in the planning processes, especially the disadvantaged groups of the Indian society living in rural areas. Schedules 73 and 74 made allowance for what is known as the Reservation Clause. The states (provinces) have gone a long way in decentralisation though the Reservation Clause – reports received suggested a deep level of mobilisation (politically and socially). This clause provides for inclusion and representation of women and lower castes in the political structures. The representation is aimed at being proportional to the percentage population of Panchayats at all levels. In terms of the Reservation Clause, 30% of the seats and positions should be reserved for women and 10% for Other Backward Castes (OBC)
E. STRUCTURE OF PANCHAYATS
The Panchayat is an India political system that groups five villages
in a quincunx (four peripheral villages around a central one). Each
had appointed tasks and responsibilities, such as cart-making or
basket-weaving. The central village, usually the largest of the
Panchayat, traditionally handled food storage and meeting places for
the officials, as well as their residence.
1. Village Panchayat - A Village Panchayat consists of between 1000
– 5000 voters and 10 – 20 members serving 10 to 20 wards. Voters
in the Village Panchayat elect one member per ward to form a
Village Panchayat Committee. This Committee is led by an elected
Sarpanch or Village Head. In addition to this committee,
residents of each village form committees to deal with local
issues – these committees are coordinated by a Village Assembly.
The Village Assembly is the lowest form of local government.
2. Block Panchayat – A Block Panchayat is composed of 10 – 25
Village Panchayats. Each Village Panchayat elects one member to
represent it on the Block Panchayat Committee. The Block
Panchayat Committee is headed by a president elected by the
committee members.
3. District Panchayat – A District Panchayat consists of 10 –25
Block Panchayat. Each Block Panchayat elects one member to
represent it on the District Panchayat Committee. This committee
is headed by a CEO, who must be an appointed government official
(rather that an elected politician).
4. Gram Swaraj - Provides for village self-rule that is expressed
through the Village Panchayat. The political representation at
the Village Panchayat level is one way in which communities can
express their development needs.
In addition to the general functions prescribed by the Constitution,
the Village Panchayat also has the power to raise its own revenue by
imposing local taxes, conduct social audit of programmes and schemes
implemented in the village, review, monitor and evaluate local
development plans and ensure that regular Village Assembly meetings
are held. F. VILLAGE ASSEMBLY (GRAM SABHA)
1. At the village level, the concept of village self-rule (Gram
Swaraj) is expressed through the “Gram Sabha” or Village
Assembly. Each village has a Village Assembly which is composed
of 7 standing committees, namely for Education, Health,
Agriculture, Public Property, Infrastructure, Security and Social
Justice. The specific roles and functions of these committees
include:
• Ownership of minor forest produce;
• Approval of development plans;
• Selection of beneficiaries under various programmes;
• Consultation on land acquisition;
• Management of minor water bodies;
• Control of mineral leases;
• Regulation/control of sale of intoxicants;
• Prevent alienation of land and restore unlawfully alienated
land;
• Management of village markets;
• Control institutions and functionaries in all social
sectors.
2. Each committee may have up to 12 members and must elect a
president. The presidents of these seven committees plus the
Village Sarpanch form the Village Development Committee of the
Village Assembly. This committee is responsible for coordinating
development plans and priorities at village level. The Village
Panchayat Committee in turn, consolidates the plans from the
various villages under its jurisdiction, in the form of an annual
development plan.
3. The Panchayats substantially remain only as implementing
agencies and suppliers of inputs of government-conceived schemes.
Resources such as budgets and staff largely remain with the
government, and funds are provided to Panchayats tied to specific
schemes.
G. THE PLANNING PROCESS
1. Village Panchayat Level
Each village elects a Village Assembly to facilitate the village
level planning process. The Village Assembly (Gram Swaraj) is a
statutory body that can sue and be sued. The Village Assembly
prepares plans at the village level through its 7 sub-
committees. The Assembly meets every month with a quorum of at
least one third being women. Decisions are unanimously reached.
The planning process has the following essential features:
• Planning at the village level starts with ward meetings
(usually attended exclusively by male household heads).
During these meetings issues are raised and priorities set;
• Those priorities are then submitted to the Village Assembly
for adjudication;
• Sub-committees of the Village Assembly consider the
priorities and submit ideas for solutions to the Village
Development committee;
• The Village Development Committee sends its consolidated
plans/priorities to the Village Panchayat.;
• The Village Panchayat assesses priorities, discusses options
and develops an integrated annual plan for the whole
Panchayat;
• The approved plan of the Panchayat with budget is then
forwarded to the Block Panchayat and then to the District.
The Block Panchayat cannot alter the plans submitted by the
Village Panchayat. The Block only exercises a monitoring role
over the Village Panchayat. The Village Assembly sometimes
receives direct projects or programmes from the Block Panchayat
for approval and implementation. In such cases it is the
responsibility of the Block Panchayat to ensure that funds are
made available for the execution of the projects or programmes.
2. Block Panchayat Level
The Block Panchayat receives plans forwarded by the Village
Panchayats under its jurisdiction. It then does an assessment on
all and consolidates them into an integrated annual plan for the
Block. Projects and Programmes that are beyond the jurisdiction
of the Block are forwarded to the district for approval. It is
the duty of the Block Panchayat to ensure that funds are made
available for the execution of the projects and programmes
approved by the Village Assemblies.
3. District Panchayat Level
At the district level, the District Planning Committee (DPC)
embodies all the plans from the Block Panchayats into an
integrated annual plan for the district. These plans are
prepared based on inputs from the Village Panchayats and Block
Panchayats. The approved plans including departmental budgets
are sent to the State Planning Commission (SPC) for approval.
4. State Government Level
At the State Government level, district plans are received,
discussed and voted upon by the State Planning Commission.
However, 30% of the State funds by-pass the District and Blocks
and go directly to the various Village Assemblies for project
implementation.
5. National Government Level
At the National Government level there is a National Planning
Commission (NPC), which is responsible for overall national
planning functions. It receives plans and proposals from all
State Governments, and considers them for funding.
H. DECENTRALISATION AND LOCAL GOVERNANCE
1. The democratic decentralisation process in Kerala has received
national and international attention. The political will shown by
the successive governments have been helpful in transforming the
local bodies into institutions of local self-governance. This has
contributed to enhancing the capacity of local governments to
broaden and deepen the democratic process at the local level.
2. The core objective of decentralisation was to:
• to promote local economic development by increasing
production and productivity of agriculture
• move towards greater social justice and reduction in
gender disparities
• improve governance i.r.o responsiveness, transparency
and management
• achieve improved efficiency of resources
3. Some of the challenges that decentralised governance in Kerala
faces included:
• the values generated have not been translated into
local governance and they are not yet institutionalised
• local governments have not internalised the concept of
self-governance
• lack of capacity to develop comprehensive plans and
strategies for sustainable local economic development
• redeployment of staff to local governments are still
incomplete and local governments do not have sufficient
staff to carry out the mandatory development
responsibilities
4. In Kerala, a third of the plan fund is devolved to local
governments for local level planning and separate guidelines are
issued by the government for the utilisation of the funds in core
sectors. Local government should earmark at least 30 percent for
the productive sector.
5. The State Government has taken initiative in promoting best
performance local governments through awards, certificates, prize
money and additional plan assistance. These awards are given to
three tier local governments at both state level and district
level.
I. KUDUMBASHREE MODEL (STATE POVERTY ERADICATION MISSION)
1. The State Poverty Eradication Mission was launched in Kerala in
1998 with the explicit mission to eradicate absolute poverty
within a period of ten years. Kudumbashree, which means
“prosperity for the family”, also works in partnership with The
National Bank for Agriculture and Rural Development (NABARD),
commercial banks and international agencies such as UNICEF.
1. Kudumbashree fosters community organisation through the formation
of Neighbourhood Groups (NHGs), each which consists of between 15-
20 women from families that fall below the poverty line. The
number of NHGs formed through the Kudumbashree totals more than
7800 in the urban areas, while in the rural areas 105 604 groups
has been formed, covering just fewer than 2 million families.
3. Each of these NHGs makes use of five volunteer organisers
consisting of a Community Health Volunteer, Community
Infrastructure Volunteer, Income Generation Volunteer, Secretary
and President. NHGs form a federation at the level of local
government wards, and these are in turn organised into Community
Development Societies (CDS). CDSs are registered with the State
government as non-profit organisations.
4. NHGs act as Thrift and Credit Societies (T&CSs) in which the
members each contribute small amounts weekly as savings. Members
are free to bring whatever amount they have as savings and there
is no compulsion on their contribution. Before the formation of
thrift societies, the only access for credit to the poor women in
the State was the local moneylenders, who lend money at an
exorbitant rate of interest. At the same time, the formal banking
system and its services were almost inaccessible to the poor.
Thrift societies pave the way for women to build up a credit
record (albeit informal), because they not only save, but also
lend to each other from the communal savings.
5. In its early stages, the money saved by the thrift society is
used mainly for daily necessities such as food or fuel; however,
it is the first step towards using the savings to start up income-
generating projects. These informal NHG banks are run on
transparent principles agreed on by the group, and members of the
group receive training from NABARD on accounting practices.
6. One of Kudumbashree’s core strategies is directly linking self-
help groups with financial resources, training and other
resources. At the more advanced stage of the NHG’s development,
the money saved by the women is deposited in a nearby bank in a
joint account operated jointly by the President and Secretary of
the NHG. Once a Neighbourhood Group has participated in their own
small savings scheme for at least six months, they are assessed.
Upon positive assessment, they are eligible for a government grant
of 25 000 rupees. The Group uses this money to secure materials
for income-generating projects that range from traditional
handloom weaving to wood carving to computer assembly and
maintenance.
J. POVERTY REDUCTION
1. Kerala has considerable achievements in the coverage of basic
minimum services. However, the poorest of the poor have not
benefited significantly from the anti-poverty programmes.
2. As an initial step the destitute have to be identified using
criteria developed by Kudumbashree. All families qualifying at
least seven out of the following nine criteria may be listed as
destitute families:
• Kutcha house.
• No access to safe drinking water.
• No access to sanitary latrines.
• Illiterate adult in the family.
• Family having not more than one earning member.
• Family getting barely two meals a day or less.
• Presence of children below the age of five in the
family.
• Alcoholic or drug addict in the family.
• Scheduled Caste or Scheduled Tribe family.
3. In addition to the above, the short listed families may be
verified with reference to the following factors at the next
stage. All the short listed families having at least one of the
criteria mentioned below would qualify to be called a destitute
family:
• Having no landed property to create their own
dwelling place.
• Spending nighttime in public places or streets.
• Unwed mothers, single parents or those separated
women living in distress.
• Young widows who are economically poor or women who
have passed the age of marriage and remain unmarried.
• Those subject to severe, chronic and incurable
diseases or physically and mentally challenged.
• No healthy member below the age of sixty to win bread
for the family.
• Beggars who resort to beggary as a vocation.
• Women subject to atrocities.
4. Once the list of destitute families has been drawn up by the NHGs
they would visit individual families to draw a profile of the
family. The list of identified families is placed before the Grama
Sabha for approval.
5. Once the list is finalised the trained volunteers interact with
these families and prepare family-based micro-plans to assist
families until they are no longer destitute and a tracking system
is put in place to monitor progress.
K. OBSERVATIONS
1. Municipalities in Kerala enjoyed extensive competence over a
number of matters that are in South Africa the prime competence of
provinces and/or the national government. This was particularly
applicable with respect to social services such as housing and
welfare. Kerala’s political leadership expressly subscribed to the
principle of subsidiarity in structuring its decentralisation
programme.
2. The Kerala system also has three categories (city, urban and
village), but there is no typology within each category. Moreover,
the rural system is three-tiered rather than two-tiered (as in
South Africa). The system appears to work.
3. In Kerala the state had devolved not only its powers and budget,
but also its staff. This resulted in capacity being present in
even the poorest and weakest municipalities.
4. The manner in which Community Based Organisations (CBOs) are
integrated into the governance system is striking. Indeed, it is
sometimes almost a misnomer that they are termed CBOs because they
are seemingly local welfare organs of state rather than autonomous
organs of civil society. Be that as it may, the system clearly
delivers.
5. The relationship between the state (province) and municipalities
seems healthy in as much as the state cannot interfere
unilaterally in municipalities as long as the latter execute its
function properly. It is praiseworthy that the state have to
consult the Municipal Ombudsman before it can interfere.
6. As far as planning is concerned, it is admirable that India
follows the approach from bottom up – starting at the local
village level. It is noteworthy that they plan in five year
cycles.
7. The emphasis on woman participation and upliftment was
outstanding. Because of the history of India, there is a
concentrated effort to mainstream women and women issues. One
third of positions on Panchayats (councils) are reserved for
women.
8. Weekly meetings with a structured agenda are held and all money
matters are dealt with at these meetings. An interesting project
of their municipalities was to provide for computer literacy for
one member per family to enable all families to derive benefit
from it. As far as officials are concerned the politicians
expressed that the two main concerns were corruption and lack of
execution of the policies of the council. One overall impression
is the thrust for decentralization in governance of India.
9. The success in Kerala lay in the high levels of literacy, long
history of social and political mobilisation and a thorough land
reform programme
L. RECOMMENDATIONS
The Committee would like to urge the Minister and Department to ensure the following:
1. That municipalities should have more input on public works
buildings and programs of government.
2. That municipalities should be encouraged to strengthen their
consultation process and reporting back to communities on a
regular basis and encourage participation by communities on issues
of basic services especially housing and sanitation.
3. That municipalities reinforce the need for concentrated efforts to
encourage the upliftment and support for effective participation
of women in matters that affect them. There was a need to focus
more sharply on women in the fight against poverty.
4. That municipalities investigate the utility for improving our
system of participation as per the Kerala model. Powers of ward
committees is a key issue.
5. That municipalities focus attention on the poor and marginalised
groups as demonstrated by the 10% quota on projects towards
scheduled tribes.
6. That municipalities examine innovative ways in which capacity at
local level can be improved using provincial staff (mentoring,
secondment, deployment etc).
7. That delivery partnerships between institutions of civil society
and government are strengthened.
8. That the creation of a relationship and partnership with the
Department of Local Self Government in Kerala and the Kerala
Institute of Local Administration in India because of their
particular experience be explored.
Report to be considered.
TUESDAY, 6 MARCH 2007
ANNOUNCEMENTS:
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Classification of Bill by Joint Tagging Mechanism
(1) The Joint Tagging Mechanism, on 6 March 2007 in terms of Joint
Rule 160(6)(b), classified the following Bill as a section 77
Bill:
(a) Appropriation Bill [B 2 – 2007] (National Assembly – sec
77).
TABLINGS:
National Assembly and National Council of Provinces
-
The Minister of Social Development
(a) Strategic Plan of the South African Social Security Agency for 2007 to 2010 [RP 16-2007].
-
The Minister for Justice and Constitutional Development
(a) Report of the Auditor-General on the Financial Statements of the President’s Fund for 2004-2005 [RP 25-2006].
(b) Report of the Auditor-General on the Financial Statements of the President’s Fund for 2005-2006 [RP 252-2006].
National Assembly
The Speaker
a) The President of the Republic submitted the following letter dated
16 February 2007 to the Speaker of the National Assembly informing
Members of the Assembly of the employment of the South African
National Defence Force in The Kingdom of Lesotho:
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE IN THE
KINGDOM OF LESOTHO, FOR SERVICE IN FULFILMENT OF THE INTERNATIONAL
OBLIGATIONS OF THE REPUBLIC OF SOUTH AFRICA TOWARDS THE KINGDOM OF
LESOTHO
This serves to inform the National Assembly that I have authorised
the employment of the South African National Defence Force (SANDF)
personnel to the Kingdom of Lesotho, in fulfilment of the
international obligations of the Republic of South Africa towards
the Kingdom of Lesotho, in support of the general elections which
will take place on 17 February 2007.
This employment was authorised in accordance with the provisions of
section 201(2)(c) of the Constitution of the Republic of South
Africa, 1996, read with section 93 of the Defence Act, 2002 (Act No
42 of 2002).
A total of twenty (20) SANDF members are employed as from 15
January to 20 February 2007 to assist in distribution and
collection of electoral material and transportation of party
representative. The Independent Electoral Commission (IEC) of
Lesotho will be responsible for cost of the employment. The total
estimated cost to be borne by the IEC of Lesotho for the deployment
is R 2, 233, 900.00.
I will communicate this report to the members of the National
Council of Provinces and the Chairperson of the Joint Standing
Committee on Defence, and wish to request that you bring the
contents hereof to the attention of the National Assembly.
Regards
signed
T M MBEKI