National Assembly - 21 August 2007
TUESDAY, 21 AUGUST 2007
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PROCEEDINGS OF THE NATIONAL ASSEMBLY
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The House met at 14:05.
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.
SOUND SYSTEM UPGRADED
(Announcement)
The SPEAKER: Hon members, it is my pleasure, first of all, to welcome you back and to announce that the sound system has been revamped. [Applause.] We are assured that we now have a vastly improved sound system which is far more reliable than the previous one. The interpretation devices have also been improved. You will notice the new devices on your desks. It is a wireless system. The floor language is on channel zero and English is on channel two. Members will be issued with a list indicating the allocation of channels to the different languages, for your convenience.
NEW MEMBER The Speaker announced that Ms Z A Ndlazi had been nominated with effect from 15 August 2007 to fill the vacancy that arose as a result of the passing away of Mr M Diko.
OATH
Ms Z A Ndlazi, accompanied by Ms N M Mdaka, made and subscribed the oath, and took her seat.
NEW MEMBER AND OATH
The Speaker announced that the vacancy caused by the vacation of a seat in the National Assembly by Mr P D N Maloyi had been filled by the nomination of Ms N Hlangwana with effect from 25 June 2007. The member had made and subscribed the oath in the Speaker’s office.
The SPEAKER: Orde! Is daar enige lid wat kennis wil gee van ’n voorstel? [Applous.] [Order! Is there any member who wants to give notice of a motion? [Applause.]]
NOTICES OF MOTION
The LEADER OF THE OPPOSITION: Agb Speaker, ek kan hierdie mosie nie in Afrikaans doen nie. Ek is jammer. [Hon Speaker, I cannot move this motion in Afrikaans. I am sorry.]
Speaker, I hereby give notice that I intend moving the following substantive motion in the light of the following:
That this House –
(a) has no confidence in the Minister of Health of the Republic of SA – the hon Manto Tshabalala-Msimang. The Minister, while holding the position of Medical Superintendent of the Athlone Hospital in Botswana, in the period 1973 to 1976, was convicted on a criminal charge of theft and was dismissed from her position and declared a prohibited immigrant by the Botswana government for a period of ten years. The existence of this conviction was never disclosed to the South African public, despite the position of trust she was placed in as Minister of Health, which made any conduct reflecting on her honesty and integrity highly pertinent;
(b) the medical fraternity in particular and civil society in general have lost faith in the Minister’s ability to effectively discharge her duties and responsibilities. The Minister’s decision to downplay the crisis in Frere Hospital is the latest in a long list of examples of poor management of our nation’s health care system. The Minister, together with the President, saw fit to have the former Deputy Minister of Health dismissed from office for political reasons, unrelated to her performance as Deputy Minister;
I will, therefore, move that this House has no confidence in the Minister of Health and that she should resign forthwith. If she fails to do so, the President should dismiss her. [Applause.]
The SPEAKER: I have listened carefully to the Notice of Motion from the hon Leader of the Opposition. I think there might be some confusion between a substantive motion or a motion of no confidence. What I am going to do is rather to take this for further consideration. I will come back to the House with a ruling.
Mr G R MORGAN: I hereby give notice that I intend to move on behalf of the DA:
That this House debates the contents of the Brink Report, as commissioned by the National Nuclear Regulator into the radiological risks to the public within Wonderfontein Spruit catchment area.
Thank you.
BIRTHDAY OF FORMER PRESIDENT MANDELA ON THE 18 JULY
(Draft Resolution)
Mr N B FIHLA: Madam Speaker, I move without notice:
That the House-
1) notes -
(a) that 18 July has become an important date on the South African
calendar as a day when we celebrate former President Nelson
Rolihlahla Mandela’s birthday; and
(b) that, as we mark the achievement of this milestone in his life,
we celebrate together the contribution that he continues to
make towards the realisation of the goal of a better life for
all;
2) recognises that his long years of commitment to the struggle for
peace and social justice, and his exemplary leadership as the head
of the Government of National Unity and the Republic of South Africa
are some important landmarks in the path traversed towards
democracy; and
3) wishes Madiba a belated happy birthday.
Motion agreed to.
NATIONAL WOMEN’S DAY CELEBRATIONS
(Draft Resolution)
Mrs N B GXOWA: I move without notice:
That the House -
1) notes that 9 August is National Women’s Day;
2) recalls that we observe this day to salute the millions of heroic
South African women who engaged in struggle both before and after 9
August 1956, to whom we owe the freedom we enjoy today, and also
remembers that on that day the women of South Africa converged on
the Union Buildings from every corner of our land, thereby creating
one of the enduring landmarks of our country’s history;
3) recognises that, as long as women are bound by poverty and as long
as they are looked down upon, human rights will lack substance and
as long as outmoded ways of thinking prevent women from making a
meaningful contribution to society, progress will be slow because
if a nation refuses to acknowledge the equal role of more than half
of itself, it is doomed to failure;
4) further recognises that it is the women who sustain life, who care
for children and elders, and who do so against all odds and with
little resources, support and infrastructure while many women in
our country live in conditions of poverty and poor location in
rural areas and that the underdevelopment in these areas is
responsible for the poor conditions under which our people live;
5) believes that it is incumbent upon each and every one of us to be
agents of change, to win the battle against sexism and racism and
to shape the new nation; and
6) calls on all South Africans to ensure that the agenda for women’s
emancipation is given the consistent attention and the prominence
it deserves so that we can move with due speed towards a non sexist
society.
Motion agreed to.
RECENT NATURAL DISASTERS IN SOUTH AFRICA
(Draft Resolution)
The ACTING CHIEF WHIP OF THE MAJORITY PARTY: I move without notice:
That the House – (1) notes that -
(a) since 2 July 2007 various parts of our country have
experienced different kinds of natural disasters: veld fires
in the provinces of Mpumalanga, KwaZulu-Natal and the Free
State and floods in the Western Cape; and
(b) the veld fires have been described as the worst our
country has experienced since the 1980s;
(2) recalls that more than 49 areas in the Western Cape have been affected by floods and 38 000 people have been left homeless;
(3) remembers that these disasters have resulted in great suffering to our people, especially the poor in the affected areas;
(4) recognises the significant role played by disaster management and Working on Fire teams as well as the civil society organisations that came in to lend a hand in an effort to alleviate the pain of those affected;
(5) calls on communities and municipalities always to take proactive steps aimed at preventing the recurrence of such painful situations; and
(6) conveys its support and solidarity to all the communities who have been affected by the disasters and also its condolences to the families who lost their loved ones.
Motion agreed to.
RATIFICATION OF DECISION OF SPEAKER
(Draft Resolution)
THE ACTING CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move the motion as it stands on the Order Paper:
That the House ratifies the decision of the Speaker to extend the deadline for reporting by the Ad Hoc Committee on the Review of Chapter Nine and Associated Institutions from 31 July 2007 to 21 August 2007.
Motion agreed to.
Ms L B HENDRICKS: On a point of order: I just want to say that the Order Paper is not coming up on the screen. Can we have that sorted out, please?
SUNDAY TIMES DISCLOSURE OF CONFIDENTIAL INFORMATION OF MINISTER OF HEALTH
(Member’s Statement)
Mr L V J NGCULU (ANC): Hon Speaker, the publishing by the Sunday Times of the Minister of Health’s confidential medical records is a deplorable act of insensitivity and a potential crime.
Section 10 of our Constitution guarantees the protection and the respect of everyone’s human dignity. Section 14 of the Constitution entrenches the right to privacy, thereby giving legal expression to, among others, the long-established principle of the confidentiality of personal medical information. Section 14 of the National Health Act of 2003 stipulates that:
(1) All information concerning a user, including information relating to his or her health status, treatment or stay in a health establishment, is confidential.
(2) … no person may disclose any information contemplated in subsection (1) unless – (a) the user consented thereto in writing;
(b) a court order or any law requires that disclosure; or
(c) nondisclosure of the information represents a serious threat to
public health.
The Sunday Times has not only acted in a shameful and barbaric manner, it has also acted in a manner that clearly militates against the fundamental values enshrined in our Constitution and the National Health Act. It has thus undermined the efforts and sacrifices of many of our patriots who suffered and lost their lives to ensure that these values become a defining feature of our society.
The continued violation of the Minister of Health, Comrade Manto Tshabalala- Msimang’s human rights and dignity also undermines our people’s confidence in the capacity of our constitutional and legal instruments to protect the country’s citizens. The Sunday Times has abused press freedom and has acted in an unethical manner that deserves condemnation by all. Thank you. [Applause.]
VIOLENT ATTACK ON ELDERLY WOMAN
(Member’s Statement)
Mrs S M CAMERER (DA): Madam Speaker, on Saturday 4 August 2007 Mrs Roos was assaulted, robbed and raped in her own home on a hill in the southern suburbs of Johannesburg, my constituency for 13 years. She is 92 years old. She is well loved by her neighbours, as well as friends and family. What makes this particular event such a tragedy is not only Mrs Roos’s age, but also the fact that the point has been reached where her story does not even make headline news. How many people outside her circle knew about her?
Every day men, women and children who are not rich or powerful or connected to the rich and powerful fall victim to violent crime; at work, at school and at home, and only their immediate circle knows. We are becoming desensitised by the violence that surrounds us.
Government needs to stand loud, firm and clear on the issue of crime and criminal justice. Their contradictory and misleading statements made to the public do more harm than good. A non-negotiable emphasis on performance, as well as excellent standards of service delivery and professionalism need to be the defining characteristics of this time; not vagueness, corruption and political cronyism.
According to a recent survey, World Values Study 2006 by the University of Stellenbosch, South Africans have more faith and confidence in TV than in the South African government. This needs to change. [Applause.]
SADC ON ECONOMY OF ZIMBABWE
(Member’s Statement)
Mr M B SKOSANA (IFP): Madam Speaker, the resolution by the SADC Heads of State at the Government Summit in Zambia should be viewed as positive and commendable. This resolution is to urgently put together an economic recovery plan for Zimbabwe, to be led jointly by the Finance Ministers of SADC member states. The economy of Zimbabwe is relatively on the periphery of all other economies of SADC members and communities, and therefore an indispensable entity in the current process of regional economic integration and development within SADC.
On 12 May 1789, William Wilberforce remarked in the British Parliament:
Let us make reparations to Africa, as far as we can, establishing a trade upon true commercial principles and we shall soon find a rectitude of our conduct rewarded by the benefits of a regular and growing commerce.
Perhaps it is now opportune for Britain to consider leading the European Union to review the economic sanctions against Zimbabwe and establish, with SADC, meaningful ways of making the envisaged economic recovery plan a reality. It may be an appropriate development strategy at this point in the history of Zimbabwe and the region for the Finance Ministers, so charged by SADC, to introduce a participatory economic system, with the people of Zimbabwe participating, directing and managing their economy at all levels beginning with the community-based economies to deal directly with the immense challenges of poverty, unemployment and hardships. This is one important requisite for fair and free elections. Thank you, Madam Speaker.
DOMESTIC ABUSE OF WOMEN AND CHILDREN
(Member’s Statement)
Ms A VAN WYK (ANC): Madam Speaker, during Women’s Month we have the opportunity to take stock of the progress we have made in improving the lives, not only of women, but also of children in a democratic South Africa. While we acknowledge that significant progress was made, it is overshadowed by the continuous violence perpetrated against women and children.
The Domestic Violence Act was put in place to address the issue of violence within the family unit and at home, there where the most protected and safe place for women and children should be. Despite the legislation, many challenges still remain. Amongst these challenges is the involvement of the community to curb these abuses. We need to further strengthen the social status of women and children within society and in the family. Boys need to be raised respecting their mothers, their sisters and women in general within the community.
In terms of policing domestic violence, we need to entrench the will and commitment of members of the South African Police Services to police these crimes with determination and vigour. In our courts when sentencing perpetrators of domestic violence, the punishment should reflect the seriousness with which government and society look at these crimes.
More places of safety for victims of domestic violence and improved support for NGOs who work in the field are needed. Let us, in Women’s Month, strengthen this partnership between government, the communities and the private sector. [Applause.]
REPORT BY PRESIDENT MBEKI ON ZIMBABWE TALKS
(Member’s Statement)
Rev K R J MESHOE (ACDP): Madam Speaker, this past week, President Mbeki tabled a report at the SADC Heads of State Summit, which among other things stated that talks between the Zanu-PF government and the factions of the Movement for Democratic Change were “progressing smoothly”. The MDC’s spokesperson disputed the claims. The ACDP is disappointed that the SADC heads of state, on getting what should have been a progress report, failed to address issues raised by civil society groups and the opposition, or even to express their disapproval of the brutal assault of opposition leaders.
They again chose to ignore the suffering of millions of Zimbabweans, caused mainly by their colleague and comrade, President Robert Mugabe. Members of the opposition have been complaining for a long time that they are operating in a hostile environment with human rights abuses and restrictive media laws.
We question why the Zimbabwean President was cheered and given a hero’s welcome when his decisions and policies are causing his people so much suffering amid predictions that the Zimbabwean economy could collapse within four months.
It was equally sad to hear the new SADC Chairman, President Levy Mwanawasa, say that the problems in Zimbabwe have been exaggerated. This can only mean that these heads of state do not care about their own people. May God help Africa, and give Africa leaders who care for the poor and suffering, and who will protect the most vulnerable in society, rather than leaders who protect their colleagues and the rich and powerful in society. [Applause.]
CRISIS IN ZIMBABWE
(Member’s Statement) Mrs P DE LILLE (ID): Madam Speaker, the ID’s national caucus met with representatives from the MDC today and they were trying to find solutions to the crisis in Zimbabwe. We will also be meeting with the delegation from the Zimbabwean government in the next two weeks.
The ID proposed the following steps to ensure that the Zimbabwean elections in March 2008 are free and fair and are a true representation of the will of the Zimbabwean people: an immediate end to violence, and a repeal of all legislation that represents the violation of basic human rights and that prevents free political activity from taking place.
The Zimbabwean crisis will only be resolved through a negotiated settlement. The settlement must be completed in time for the March 2008 elections. The ID also believes that President Mbeki should be assisted in his role as a mediator and it further proposes that SADC invite two former heads of state, hon Joaquim Chissano and hon Kenneth Kaunda, to assist President Thabo Mbeki.
In terms of refugees, we agreed that our brothers and sisters from Zimbabwe must be handled in a humane way and we need to look at ways of getting assistance from the United Nations High Commissioner for Refugees, UNHCR, to deal with the massive influx of refugees.
In trying to find solutions to the problems of Zimbabwe, the process must be led by Zimbabweans themselves, and any assistance from the international community must be complementary. I thank you.
IMPROVEMENT IN HEALTH CONDITIONS OF THE POOR
(Member’s Statement)
Mrs M M MADUMISE (ANC): Congratulations to the leader of the ID on becoming the Head of State of the country.
Dankie, agb Speaker, vir die kans. [Thank you, hon Speaker, for this opportunity.]
Over the years the ANC has consistently worked to uplift the health status of our people. The mobilisation of our structures, communities and institutions in support of affordable medicines and the location of health workers in poor, rural and urban communities is the cornerstone of our health provision strategy. Our government is currently implementing, among others, the HIV and Aids and STI Strategic Plan for South Africa for 2007- 2011 - a product of the collective efforts by government and sectors of civil society over the past five years.
The recent malicious publications directed at our Minister of Health undermine our country’s commendable efforts in the fight against HIV and Aids. [Interjections.] These negative comments … Listen! … and publications are not only aimed at the Minister, but are also an attempt to undermine the people’s confidence in our country’s policies and the executive. We wish to reiterate our confidence in the Minister of Health, Comrade Manto Tshabalala-Msimang, and the executive within which she serves as well as the health policies our country has developed. Dankie, Mevrou. [Thank you, Madam] [Applause.]
FAILURE OF MUNICIPALITIES TO DELIVER BASIC SERVICES
(Member’s Statement)
Mr M T LIKOTSI (PAC): Madam Speaker, the PAC of Azania wishes to bring to the attention of this House the causes of violent protests in the country that have claimed the lives of some councillors and officials due to a lack of service delivery and a lack of protection. They are as follows.
Firstly, the total disregard for or violation of government policies by the lower spheres of government, provinces or municipalities. This has been evident in our oversight visits to provinces, where some municipalities or provinces are still battling to implement the Public Works Programme and other programmes. Secondly, the slow reaction of municipalities and provinces to communities’ concerns on the delivery of basic services, especially water, electricity and ablution facilities. Some cases in point here are Mafifing, Ward 127 settlement in Botshabelo in the Free State; the entire Fetakgomo Municipality in Sekhukhune, Mosepšhane village, and Ward 7 Straightskraal. The latter are all in the Limpopo province.
In the third place there is the racial tension between the whites and Africans in some farming communities, for instance the recent case of Mr Ramphethe Mofokeng of Reitz in the Free State who was abducted and almost beaten to death by two farmers.
Fourthly, there are the unresolved land claims such as in Kgotsong in Bothaville, where many residents are still waiting to hear from the Land Claims Commission regarding their claims and appeals. And lastly, the greediness of councillors of the ruling party, which results in fatal casualties among community members due to tenders and other opportunities found in the state.
The government must be supported in appointing the Public Protector to in- depth make findings about the causes of these violent protests, as they are destroying our economy. I thank you.
INDEBTEDNESS OF ZIMBABWE TO SOUTH AFRICAN ENTITIES
(Member’s Statement)
Dr S M VAN DYK (DA): Madam Speaker, if the government is propping up the despotic regime of President Robert Mugabe at the taxpayer’s expense, the people of South Africa deserve to know. In response to a recent DA question, the Minister for Public Enterprises, Alex Erwin, refused to disclose what Zimbabwe’s total indebtedness was to South African public utilities such as Eskom and Transnet, citing the supposed commercial sensitivity of the information.
How commercially sensitive can it be, Speaker? Neither Transnet nor Eskom has any competitors, and even if there were, it is doubtful whether they would be beating down the door of Zimbabwe’s earning dictator and its bankrupt regime for their business. What Minister Erwin calls “commercial sensitivity” looks all the more like another case of sabotage to the DA - the sabotaging of proper government in the interests of South Africa and the rest of the continent by a Minister who is fast running out of credibility. Minister Erwin needs to tell this House and consequently the people of South Africa and come clean about the debts owed to our utilities by Zimbabwe.
Thank you.
EFFECT OF FOOD PRICES ON RURAL PEOPLE
(Member’s Statement)
Mr D M DLALI (ANC): Madam Speaker, the basic food price is creating a very big problem among the poorest of the poor with the continuous increase in the price of basic items like milk, maize and meat. The poor are feeling the pinch. The general consensus is that it is definitely more expensive to fill up shopping trolleys at the current store prices than it was last year. Meat has become more of a luxury nowadays. The other problem is that when people go around shopping, looking for better prices, they still have to spend more on petrol while looking for such prices. The basic essentials have skyrocketed by 10,89% in rural areas while people in urban areas pay only 7,95% more. There is a difference of R5 on a 5kg bag of maize meal, while a 750ml bottle of cooking oil costs 80c more for people in the rural areas. It is clear that the rural people are paying more for everything. They are very poor people and transport costs are also high for them. The same comparison has been made for sugar, with rural consumers paying almost R3 more for a 5kg bag of sugar.
This is creating a very big difference and enormous pressure between these communities. Something has to be done to level the playing field and to assist the rural people. Thank you.
FAILURE OF EDUCATION DEPARTMENT’S RECOVERY PLAN
(Member’s Statement)
Mr A M MPONTSHANE (IFP): Madam Speaker, the IFP expresses its concern about the Department of Education’s recovery plan to help learners regain lost hours. Unfortunately, this plan has collapsed in most provinces as teachers are not being paid and have stopped attending classes.
Further, the department is deducting money from those teachers who were engaged in strike action. The IFP therefore calls on the Minister to act so that learners, especially those in Grade 12, will not suffer the dire consequences. Thank you.
BOTHO CAMPAIGN IN THE FREE STATE
(Member’s Statement)
Mr B A RADEBE (ANC): Madam Speaker, the MEC for Sport, Arts, Culture, Science and Technology of the Free State, Mr Sekgobelo Ace Magashule, initiated the Botho campaign which entails the adoption of orphans and the provision of financial and material support to vulnerable children.
During the last constituency period, the Phumelela Municipality and the Thabo Mofutsanyane District Municipality in the Free State distributed more than 1 000 pairs of school shoes and uniforms to vulnerable farm school children. The campaign also entailed the distribution of more than 2 000 blankets and broiler chicken starter packs to needy farmworkers. This ongoing campaign was successful because of the contribution of the businesspeople of the district.
As the ANC, we would like to make an appeal to other businesspeople to be in partnership with our municipalities to fight poverty and create a better life for vulnerable children in the rural areas. Thank you.
ALLEGATIONS MADE AGAINST DEPUTY MINISTER OF HOME AFFAIRS
(Member’s Statement)
Mr L B LABUSCHAGNE (DA): Madam Speaker, if the allegations made against Malusi Gigaba, the Deputy Minister of Home Affairs, are true, then he is unable to perform his duties in an ethical manner befitting his station.
He is alleged to have been paying for private individuals’ travel expenses from taxpayers’ money, and these individuals belong to a youth organisation that operates in his name. However, the organisation is not registered but is sponsored by other employees of the Department of Home Affairs. An investigation into this matter must take place immediately.
If Mr Gigaba is found innocent of the allegations, his name must be cleared. However, if Mr Gigaba is guilty of the accusations, it becomes imperative for the health of the department to properly discipline him. Home Affairs is in enough of a poor state without having unethical staff at its helm. Thank you.
FOETAL ALCOHOL SYNDROME
(Member’s Statement)
Mnr J SCHIPPERS (ANC): Agb Speaker, die ANC het met kommer kennis geneem van die verslag van prof Dennis Viljoen oor die voorkoms van fetale alkoholsindroom in Suid-Afrika in die algemeen, maar in die Wes-Kaap in die besonder. Prof Viljoen is uitvoerende hoof van die Foundation for Alcohol- related Research en funksioneer onder artikel 21 van die Wet op Maatskappye.
Dié organisasie is daartoe verbind om die voorkoms van fetale alkoholspektrumwanbalanse en ander probleme rakende alkoholmisbruik deur middel van klinies-diagnostiese dienste, epidemiologiese navorsing, voorkomende programme, onderwys en opleiding en monitering te bekamp. Volgens prof Viljoen se verslag is die voorkomssyfer in die Boland baie hoog en toon dit ’n stygende tendens. Dorpe soos Wellington, Rawsonville en Villiersdorp vorm deel van die studie.
Faktore wat ’n rol speel, is die oorblyfsels van ’n vernietigende dopstelsel, ’n kultuur van armoede, onkunde, misbruik van alkohol en ’n psigologiese toestand wat deur die apartheidsideologie gevestig is. Die ANC pleit by die relevante staatsdepartemente en private organisasies soos die FARR om te volhard met hul pogings om die probleem daadwerklik aan te spreek en uit die weg te ruim. Ek dank u. (Translation of Afrikaans member’s statement follows.)
[Mr J SCHIPPERS (ANC): Hon Speaker, the ANC noted with concern the report of Professor Dennis Viljoen on the general prevalence of foetal alcohol syndrome in South Africa, but in the Western Cape in particular. Professor Viljoen is the chief executive of the Foundation for Alcohol-related Research, and functions under clause 21 of the Companies Act.
The organisation is committed to combatting the prevalence of foetal alcohol spectral imbalances and other problems relating to alcohol abuse, through clinical diagnostic services, epidemiological research, preventative programmes, education and training and monitoring. According to Professor Viljoen’s report, the prevalence rate in the Boland is very high and indicates an increasing tendency. Towns like Wellington, Rawsonville and Villiersdorp form part of this study.
Factors that are playing a role include the remnants of a destructive tot system, a culture of poverty, ignorance, alcohol abuse and a physiological condition created by the apartheid ideology. The ANC is calling on all relevant government departments and private organisations such as the Foundation for Alcohol-related Research, FARR, to persevere with their vigorous efforts to address and eradicate the problem. I thank you.]
ATMs TARGETED BY CRIMINALS – SAPS BREAKTHROUGH
(Member’s Statement)
Adv Z L MADASA (ANC): Madam Speaker, the ANC would like to congratulate the SA Police Service on the recently reported breakthrough in their investigations and the arrests of the criminals behind the attacks on and bombings of ATMs in the country.
The ATM attacks were not only acts of criminality, but had put the lives of the public using these valuable facilities in danger. The ANC calls on the police to ensure that they get to the bottom of these attacks and arrest all involved. The ANC wishes to restate its belief that, despite challenges in reducing crime, the SA Police Service is determined to take the fight to the criminals and protect the public. Thank you.
SITUATION IN ZIMBABWE
(Minister’s Response)
The MINISTER OF FINANCE: Madam Speaker, let me deal with statements by four members relating to the situation in Zimbabwe; statements by members Skosana, Meshoe, De Lille and Van Dyk respectively. Let me start with the observations by the hon De Lille. Indeed, we’d like to confirm that the situation is as she describes, namely that the problems in Zimbabwe must be solved by Zimbabweans. There can’t be any regime change from anywhere outside of Zimbabwe! [Interjections.] Sorry, would you protect me, please, Madam Speaker? We listened intently. The SPEAKER: You are protected, hon Minister. Hon members, please let’s let the Minister respond.
The MINISTER OF FINANCE: In the history of Zimbabwe it’s important to recognise that Lancaster House was facilitated by outside agencies. Zimbabweans have to knuckle down and resolve their own problems. The position of the government in South Africa has consistently been – and this is the view of all of SADC – that we must encourage Zimbabweans to solve their own problems.
That is the most that we can do, because the solutions have to be durable and sustainable, and the decisions have to be carried by Zimbabweans into perpetuity - that is the essence of democracy. That is the gist of the statement that President Mbeki presented to the heads of state in Lusaka last week.
In dealing with this issue it’s important to recognise that Zimbabweans are not going to cross the border, come into South Africa illegally and then register themselves as refugees. They will meld into the South African community and become like us because they are our neighbours, they are of our blood, we share the same language with many of them and so they aren’t going to seek to be set apart from us.
This is the reality; the number of Zimbabweans who arrive at Beit Bridge or in Musina and register as refugees can be counted on one hand, but that doesn’t accord with the number of Zimbabweans here.
Our commitment must be to ensure that Zimbabweans will solve their issues, and that is why all the players in Zimbabwe need to be sitting around the table. [Interjections.]
Let me turn, then, to what the hon Skosana raised, because indeed it is a very important issue: How do we get the Zimbabweans to live out the responsibility of rebuilding an economy that clearly is severely stressed right now? We have … [Interjections.] Sorry, man. Like we got rid of you, you come and cause trouble on the other side of the House, because we elected you out of office. [Interjections.]
The point about Zimbabwe is that we’ve been working with them for a very long time, but understanding that decisions about their economic management have to be taken by Zimbabweans. We can’t sit south of the Limpopo and decide what kind of economy the Zimbabweans must have.
It must be inclusive; they must understand what the issues are, they must get the prices to work, they must drive the changes. We can’t commit financial resources of taxpayers elsewhere. Zimbabweans must take the decisions and then the deal can be structured, so there is an interlinkage between what the hon Skosana raised and what the hon De Lille raised. You need democracy, you need the people of Zimbabwe to take decisions about their own country.
For those who don’t know, I’m going to ask that President Bush recruit them and send them to Iraq, then they’ll understand about regime change! [Laughter.] We’ll send them there. We’ll send the hon Van Dyk and all those loudmouths there, then they’ll understand what regime change is about!
But if you want democracy, hon Meshoe, you must understand … I suppose his God also acts through the voice of the electorate. You see, people elect the governments they want, and the leaders who obtain in the Southern African region are the choice of the people. The fact that you and you are not on this side of the House is a manifestation, perhaps, of God’s will, but it certainly is a manifestation of the will of the electorate. [Applause.] Thank you.
VIOLENCE CONDEMNED
TV PROGRAMMES CONTRIBUTE TO VIOLENCE AGAINST WOMEN AND CHILDREN
POLICE SHOULD BE COMMENDED FOR GOOD WORK
(Minister’s Response)
The DEPUTY MINISTER OF SAFETY AND SECURITY: Madam Speaker, I would like to respond to a statement made by the hon Camerer. We also feel sad at the criminal attack on Mrs Roos. May I state that in this country there is no way we can allow any form of violence against any person, especially an elderly person who is 92 years old.
I think that, as this government, one of our responsibilities is to make sure that we have competent police officers and that at all times we make sure that the police carry out their duties in a way that meets the needs of the people of South Africa.
May I also indicate this to the hon member – unfortunately she’s not here - who said that South Africans are watching TV all the time. The problem we face in this country is that watching TV is not going to bring about solutions to our problems. The problems of South Africa need all communities to come together to fight crime. As you all know, TV programmes in South Africa have also contributed to the violence we see on a daily basis.
May I also indicate to hon Van Wyk that our TV programmes also contribute to the violence we witness against women and children in our country. I would urge members of this country that we need to continue to engage and challenge some of the things that we see on TV programmes that are unpalatable for our children and women to see. [Applause.]
The police will continue to make sure, at all times, that matters regarding women and children are a priority in our country. I want to say that we are committed to making sure that at all times the police carry out their duties in a diligent manner. Those that are not prepared to be part of a system that works for the eradication of violence of any form have no place in the police service of this country. We will only keep men and women who are keen to work for the eradication of violence against women and who are prepared to go all out to fight the various types of crime that we see in our society.
In response to hon Madasa, may I also thank him for his words of encouragement. Men and women like him do good work by always encouraging the police to do more good work, and not always condemning them even when they are trying their best to fight crime. We welcome that. We encourage people like you. Where wrong has happened, you condemn it, but where good has happened, you praise it. I thank you. [Applause.]
BOTTLENECKS IN LOCAL GOVERNMENT POLICIES
NOT ALL PROTEST ACTION STEMS FROM LACK OF SERVICE DELIVERY
CORRUPTION REPORTED TO THE POLICE
(Minister’s Response)
THE DEPUTY MINISTER FOR PROVINCIAL AND LOCAL GOVERNMENT: Madam Speaker, I would like to respond to a statement by the hon member from the PAC, concerning lack of delivery at local government level. We’ve been saying time and again, in this very House, that we have a successful programme called Project Consolidate, because we have identified bottlenecks at local government level. We know exactly what is happening among the municipalities. I don’t know whether people have not been listening. [Interjections.] Because you don’t want to acknowledge this!
Concerning lack of delivery, we fully agree with you, hon member, that in some instances there are bottlenecks, which we have identified. That is why the DPLG has taken a conscientious step to assist those struggling municipalities to carry out delivery. So we do acknowledge that there are shortcomings and we are dealing with them as the DPLG. It is our responsibility to assist municipalities; we can’t just sit back and not do anything about their problems. We will continue to assist municipalities.
I now come to the question of the protests, which is also linked to the struggling municipalities. What I have noticed about these protest actions is the manner in which they manifest themselves. In this country we have a constitutional provision that says that in order for you to qualify for a house, you must be of a certain age. However, you do see children, who are supposed to be at school, demanding houses and protesting at the lack thereof. [Interjections.] The ages of those children range from 12 to 14. They’re supposed to be at school. Where are their parents?
You see what happens, hon member, is that when people see a vacant piece of land, they occupy it illegally and then demand services. Bavela phi aba bantu? [Where do they come from?] Sometimes the old residents of that municipality would say: Asibazi aba bantu [We don’t know where these people come from]. You see, you’ve got to look carefully at these protests and not think that every protest action stems from lack of service delivery.
Those are arm-chair politicians that are sitting there. People who care about this nation, about their country and about the citizens of this country – retired, skilled individuals - have approached the DPLG and asked: Where can I assist? I have these skills; where can I make an intervention? Now, as a result 126 municipalities will benefit from the skills of those retired individuals. These are not arm-chair politicians that I’m talking about, but people who do work.
The one last issue that I would like to respond to is the issue of corruption by councillors around the issuing of tenders. The hon member specifically put it as “corruption by the councillors of the ruling party”. What I fail to … nyeh, nyeh! [Laughter.] This government has put in place systems in order to try and combat that corruption. We are not a banana republic.
The SPEAKER: Order! Hon Deputy Minister, please wrap up.
The DEPUTY MINISTER FOR PROVINCIAL AND LOCAL GOVERNMENT: Yes, I’m wrapping up, Madam Speaker. You see, when you come across such corruption by any councillor, report it to the nearest police station. Yiya emapoliseni. [Interjections.] That’s what you must do when you come across corruption; you must go to the police. Don’t come and make a noise here. Thank you, Madam Speaker. [Time expired.]
DEPARTMENT OF EDUCATION’S RECOVERY PLAN
(Minister’s Response)
THE DEPUTY MINISTER OF EDUCATION: Madam Speaker, I would like to respond very briefly to the hon member who stated that the national recovery plan is not working. I think it is important to avoid making sweeping generalisations without alerting the members about where the difficulties are in fact identified.
Madam Speaker, for the benefit of this House I should say to you that the national recovery plan is aimed at providing opportunities and benefits to millions of learners. It’s a plan that is designed to run from a month ago right to the end of October, from Grade R to Grade 12.
The success of the plan, however, depends largely on the commitment of educators to ensure that they provide extra time and extra hours in teaching the learners. The responses and reports that we receive are that the recovery plan is working extremely well in most of the provinces. Millions of learners are receiving the benefits of study material that we publish and distribute in different languages to different provinces.
It may well be so that, in certain instances, certain educators are taking advantage of the situation and trying to negotiate the monies that they have lost as a result of the industrial action to the stipends that they would receive from the Department of Education. But on the other hand, there are thousands of committed educators who spend extra hours, weekends and part of their vacation to ensure that those learners who have been disadvantaged directly as a result of the industrial action do make up the time.
What I am assured about is the commitment and the passion on the part of learners. Khutsong is a good example where more than 430 learners have gone to a Taung study camp to receive education notwithstanding the cohesion, notwithstanding the duress which they are subjected to. This means that there is a passion for learning amongst our learners where educators are willing and able to provide that support.
In addition to the support provided by the Department of Education, that will make the difference. Indeed, we are at a huge disadvantage as a result of the time that has been lost, but I do believe that we can make up the time, given the commitment of many of our educators to our learners. Thank you very much, Madam Speaker. [Applause.]
TOT SYSTEM OF PAYMENT ON FARMS
(Minister’s Response)
The MINISTER OF SOCIAL DEVELOPMENT: Madam Speaker, we have noted the statement on the foetal alcohol spectrum disorder that the hon member made. It’s quite a troublesome issue which government is basically beginning to tackle. The provincial government of the Western Cape has gone further to do that and I think as the national government we will work together as closely as possible. It might not necessarily be the Western Cape alone; it might be in other parts of South Africa as well. I thank you, Madam Speaker.
CONSIDERATION OF BILL AND OF REPORT OF PORTFOLIO COMMITTEE OF HEALTH
THEREON Mr L V J NGCULU: Madam Speaker, as the portfolio committee we would like to urge this House once again to endorse the amendments of this particular legislation. These amendments come from the NCOP and they are not fundamental in terms of changing the context and the nature of the Bill itself, but were actually meant more to strengthen the legislation. One of them is basically the section dealing with the question of whether a student should be part of the definition of a health practitioner. It allows the student to be part of the definition of the health practitioner, given the fact that at some point in time the students themselves must perform certain functions as health practitioners, and, therefore, should be liable in terms of the rules in the same manner as health practitioners.
The next amendment was the insertion of the definition on public representatives. This basically was meant to allow the Health Professions Council to establish an ad hoc committee from time to time in order to deal with issues affecting it.
The last and the most important one is the question of dealing with the powers of the council to search and seize documents. It was felt that the Health Professions Council cannot be given carte blanche here in terms of search and seizure of documents, but that such a process should actually be controlled and subject to the courts and the magistrates. In this regard, therefore, it is meant more to protect the citizenry of our country and avoid a situation of the abuse of powers in whatever way and it is also meant to ensure that these powers given to the Health Professions Council are in line with the Constitution and the rights of the citizenry of the Republic.
The more mundane one actually sets the date by which the Bill itself should be in place. We would therefore urge that the amendments from the NCOP be endorsed by this House.
I am aware that there are some members of our Portfolio Committee on Health who may have wanted to use the opportunity of this particular amendment to smuggle in issues not related to this particular substance. Sometimes what was also distressing was for them to invoke a redebate of legislation that was debated in this House and also, quite sadly, wanting even to cast aspersions on their former colleague, who participated in this thing by saying, with regard to whatever he said at that particular point in time, that they have no confidence. They want to say other things themselves now, which undermines and questions the continuation of powers. I think it’s quite a sad thing that sometimes people can eloquently play their divisions in the manner in which they were playing. Be that as it may, as the portfolio committee we think that these amendments should be endorsed.
Thank you very much, Madam Speaker. [Applause.]
The ACTING CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move: That the Bill, as amended, be passed.
Declarations of vote:
Mr M WATERS (DA): Madam Speaker, hon members, I just like to rectify what the chairperson of the committee said in his last few seconds where he said we question the judgments of our previous colleague, hon Mr Morgan. We did no such thing. We simply had to get a mandate from our caucus on the new amendments. You shouldn’t try and mix our words, hon Ngculu.
The new amendments to the Health Professions Act emanating from the NCOP are an improvement on the existing Act, which allows an investigating officer to investigate a suspected breach of this Act by a medical professional without having first obtained a search warrant. Investigating officers will now have to approach a magistrate or a judge to obtain such a warrant.
The DA strongly believes that doctors must be held accountable for their actions and that patients’ safety comes first.
It is unfortunate, however, that while these amendments seek to improve doctors’ ethics, the Act simultaneously stops them from exercising their democratic right to choose their own representatives on their respective boards. The warped reasoning used by the ANC and the Ministry is that elections are too costly. Is the next step the scrapping of elections for public representatives, because these too are too costly?
It seems, yet again, as if the ANC cannot stomach democracy when they do not win. They just have to control every sector of our society.
On 10 October 2006, in a debate on this legislation, my colleague the hon Gareth Morgan, in reaction to the ANC’s usual howl that the professional boards were not representative enough, provided some figures on the most recent membership statistics of a few professional boards. For the Medical and Dental Professionals’ Board, 68% of its members were previously disadvantaged individuals; for the Board for Psychology the figure was 64%; for the Board of Environmental Health it was 70%; for the Board of Dental Therapy it was 67%; for the Board for Physiotherapy it was 72%; and for the Board for Radiography it was 85%.
The ANC would have you believe that these boards are filled entirely with angry white males. The fact is that these boards are tremendously diverse, which we welcome, and more importantly these boards were elected under the existing legislation through free and democratic elections. What this tells us, hon members, is that the ANC is not concerned about transformation; they are obsessed with control, control of every professional board in the country.
And to add insult to injury these professionals must now wait until the Minister of Health has applied her sober mind and decreed that she approves their appointments. It just does not make sense.
This undemocratic and unilateral selection process will strip the professional boards of all independence as everyone serving on these boards will know that they are there only at the Minister’s behest. They will be forced to work as a collective and not express any opposing views. The sacking of the Deputy Minister is a clear sign of what will happen if you dare speak your mind. I thank your. [Applause.]
Mrs C DUDLEY: Madam Speaker, the ACDP acknowledges that these largely technical amendments put forward by the NCOP are actually positive and, of course, we support measures to ensure the protection of the public and advance public interests. The existing clauses in the Health Professions Amendment Bill, however, which give the Ministry of Health increased powers to control the Health Professions Council of South Africa and its allied professional boards are unacceptable.
The public should be confident that they can approach an independent council as opposed to a government-appointed body. The Minister’s questionable handling of the shocking numbers of babies’ deaths in an Eastern Cape hospital adds to the many circumstances which highlight concerns around the council under the Minister’s thumb. Like the previously amended Nursing Act, the Bill also denies members of these professions their democratic right to elect board members and diminishes their right to participate in regulation of their profession. The ACDP voted against the Health Professions Amendment Bill in 2006 as we believe it compromises the council’s independence and entrenches government control. Thank you. The SPEAKER: I see no other party wishing to make a declaration.
Mrs M M MADUMISE: Madam Speaker, I just want to make it clear to the House that indeed the declaration that was made by the DA is just a waste of time; you can take it from the DA person who was here. He said nothing about the amendments that we were supposed to speak about. And for Dudley to come and tell us about the babies that died at Frere Hospital, that is not what we are here for. What a waste of time! Batho ba, ba ya tshwenya. [These people are troublesome.]
The ANC’s position on the DA’s declaration regarding the Health Professions Amendment Bill is as follows. The portfolio committee has already dealt with all the substantive issues relating to the Health Professions Amendment Bill in accordance with the accepted procedures in processing legislation before it is referred to the NCOP for deliberations and processing.
Having dealt with the amendments by the NCOP, it is the view of the ANC that there are no substantive issues for debate and that this declaration is merely a political ploy, as you have seen for yourself right here. The former DA member of the portfolio committee was obliged to fully brief his replacement, which would include a briefing on this Bill. The ANC agrees with the amendments by the NCOP, which certainly do not warrant a declaration. They are as follows. The inclusion of “a student” under the definition of a health practitioner and the addition of the definition of a public representative.
The amendment that concerns the DA the most is the insertion of the subsection relating to the powers accorded the investigating officer. They make no mention of it as it makes provision for them to enter, search and seize documents or potential documents with or without a search warrant. It was clearly explained to the portfolio committee that this would be an invasion of the privacy rights of professionals and therefore susceptible to being contested against this background.
The clause was formulated to be in line with the Mokgajane case. It was also clearly explained that the investigating officers would be permitted only to investigate in the context of the Act and only in so far as it concerns a particular profession as registered in terms of the Act.
It is therefore clear to the ANC that no further debate is needed and there are no further substantive issues … [Time expired.]
The HOUSE CHAIRPERSON (Mr G Q M Doidge): Order! Order! Hon members. Are there any objections to the Bill as amended being passed? No objections? Agreed to. The Bill will be sent to the President for his assent. We will now take Orders number 2 to 5.
Motion agreed to.
Bill, as amended, accordingly passed.
Mrs S V KALYAN: Chairperson, I said yes.
The HOUSE CHAIRPERSON (Mr G Q M Doidge): You should have approached the mike, Mrs Kalyan.
Mrs S V KALYAN: I am doing that now. Will the objection of the DA please be noted?
The HOUSE CHAIRPERSON (Mr G Q M Doidge): The Bill has already been passed.
Mrs S V KALYAN: I said “yes” from the bench.
The HOUSE CHAIRPERSON (Mr G Q M Doidge): I didn’t hear you. We will now take Orders number 2 to number 5 together. These are reports of the Portfolio Committee on Water Affairs and Forestry as they appear on the Order Paper. CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON WATER AFFAIRS AND FORESTRY
PRICE INCREASES OF BULK RESOURCES (WATER) FOR PROVISION OF MUNICIPAL SERVICES – SECTION 42 OF THE LOCAL GOVERNMENT MUNICIPAL FINANCE
MANAGEMENT ACT NO.56 OF 2003
WATER BOARD HEARINGS 19-20 MARCH 2007
STRATEGIC PLAN AND BUDGET OF 2007/08 FOR THE DEPARTMENT OF WATER AFFAIRS AND FORESTRY: 03-04 MAY 2007
OVERSIGHT VISIT TO GAUTENG PROVINCE – 06-11 MAY 2007
Ms C C SEPTEMBER: Chairperson, the reports before us today cover the following: Price increases of bulk resources in respect of water tariffs by water boards; the report by water boards themselves; the report on the strategic plan and budget of 2007-08 for the Department of Water Affairs and Forestry; and the oversight visit to Gauteng province.
With regard to the proposed price increases of bulk resources in respect of water tariffs by water boards, it would be important to remind the House exactly why we are putting forward the following findings and why we are asking the House to adopt the recommendations that the portfolio committee has put forward. We are reminded that Section 42 of the Municipal Finance Management Act stipulates that … [Interjections.]
The HOUSE CHAIRPERSON (Mr G Q M Doidge): Order! Hom members, can we have your attention please? Will all hon members take their seats? Please proceed, hon September.
Ms C C SEPTEMBER: Thank you again, Chairperson. Section 42 of the Municipal Finance Management Act tells us that when the price increases of bulk resources for the provision of municipal services need to be brought to Parliament, a number of things need to be taken care of in so far as the Act is concerned. Therein are the findings and the recommendations of the portfolio committee as to why it is making a recommendation that the Minister needs to look at. It stipulates to us that a motivation of the reasons for the proposed amendment needs to be made and it has asked us for an explanation of how the amendment takes account of all government’s national inflation targets and other macroeconomic policy objectives. It also states that it must be motivated by the steps taken by the organ of the state to improve its competitiveness or its efficiency in order to reduce cost. And it also states any objectives or targets as outlined in the corporate or other governance plan applicable to that organ of the state.
When considering the report of the portfolio committee with regard to the water tariffs by water boards, it is here that the committee asked the House to adopt our recommendation that specifically says that in dealing with the tariff increases, the committee is of the view that 24,3% by the Botshelo Water Board does not appear to take into account the issues of Section 43(3) of the Act; and that whilst the committee does not have the explicit function of either adopting or rejecting the bulk resource increase, we therefore recommend that the Minister of Water Affairs and Forestry consider actively engaging with Botshelo Water Board on responsibly setting price increases in line with the national government’s inflation targets and that the Minister of Water Affairs and Forestry, in consultation with the Minister for Provincial and Local Government, be requested to consider a review of Section 42 of the Local Government: Municipal Finance Management Act. This is to provide for a role for Parliament when price increases in respect of bulk resources are considered. We ask that this consideration be taken into account by the House purely on the basis of what the MFMA tells us.
With regard to the Gauteng report that we have here before us, again we ask the House to adopt the recommendations that we are making and I am not going to take you through all of that. We want you to take into consideration in particular as you adopt the report and the recommendation that on page 1553 you exclude the words “Department of Local Government” and on page 1576 you exclude the word “non”. There was a mistake in putting these two words in there. We ask that the report on the Gauteng oversight visit be adopted.
We are also asking the House to adopt the recommendations of the report on the water boards as well as asking you to adopt the recommendations on the report on the strategic plan and budget of the Department of Water Affairs and Forestry, and in particular the recommendations that the committee is making with regard to ensuring that the eradication of the bucket system is realised in December 2007 and all the assistance that we are recommending that needs to be given in that regard. That takes care of all four reports, unless the House wants me to say more.
The HOUSE CHAIRPERSON (Mr G Q M Doidge): Hon September, before you leave the podium, will you please repeat the amendments that you are moving to the report?
Ms C C SEPTEMBER: Chairperson, on page 1553 of the ACT report the “Department of Local Government” needs to be taken out; and on page 1576 of the ATC report the word ``non’’ needs to be excluded.
The HOUSE CHAIRPERSON (Mr G Q M Doidge): So you are proposing two amendments, hon September?
The ACTING CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move:
That the Reports be adopted.
Motion agreed to. Reports accordingly adopted.
The House adjourned at 15:20. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
THURSDAY, 22 JUNE 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Classification of Bills by Joint Tagging Mechanism
(1) The Joint Tagging Mechanism, in terms of Joint Rule 160(6),
classified the following Bills as section 76 Bills:
(a) Traditional Health Practitioners Bill [B 20 – 2007]
(National Council of Provinces – sec 76(2)).
(b) Choice on Termination of Pregnancy Amendment Bill [B 21 –
2007] (National Council of Provinces – sec 76(2)).
(2) The Joint Tagging Mechanism also classified the Traditional
Health Practitioners Bill [B 20 – 2007] as a Bill falling within
the ambit of section 18(1)(a) of the Traditional Leadership and
Governance Framework Act, 2003 (Act No 41 of 2003).
- Translations of Bills submitted
(1) The Minister of Health
(a) Wysigingswetsontwerp op Gesondheidsberoepe [W 10 – 2006]
(National Assembly – sec 75).
This is the official translation into Afrikaans of the Health
Professions Amendment Bill [B 10 – 2006] (National Assembly – sec
75), as introduced in Parliament.
(b) Wysigingswetsontwerp op die Beheer van Tabakprodukte [W 24
– 2006] (National Assembly – sec 75).
This is the official translation into Afrikaans of the Tobacco
Products Control Amendment Bill [B 24 – 2006] (National Assembly –
sec 75), as introduced in Parliament.
MONDAY, 25 JUNE 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Referral of Bill to National House of Traditional Leaders
a) The Secretary to Parliament has, on 25 June 2007 in accordance with
section 18(1) of the Traditional Leadership and Governance Framework
Act, 2003 (Act No 41 of 2003), referred the Traditional Health
Practitioners Bill [B 20 – 2007] (National Council of Provinces (sec
76 (2)) to the National House of Traditional Leaders, which must,
within 30 days from the date of this referral, make any comments it
wishes to make.
COMMITTEE REPORTS
National Assembly
- Report of the Committee on Provincial and Local Government on Budget Vote 5: Provincial and Local Government, dated 19 June 2007:
The Committee on Provincial and Local Government, having considered Budget Vote 5: Provincial and Local Government, report as follows:
A. INTRODUCTION
-
The budget review of the Ministry and Department of Provincial and Local Government (DPLG) was undertaken on 13 March 2007 and the budget review of the statutory bodies accountable to the Portfolio Committee was undertaken on 14 and 20 March 2007.
-
The budget briefings also served to acquaint the Portfolio Committee with the plans, programmes and projects of the Ministry and Department of Provincial and Local Government.
B. PARTICIPANTS IN THE BUDGET HEARINGS
-
Those who appeared before the Committee included a delegation from the Department of Provincial and Local Government, Acting Director-General Mr E Africa; Deputy Directors-General Ms T Mketi, Ms S Makotoko, Mr D Powell, Chief Directors, Mr O Cupido, Mr L Williams, Mr T Fosi, Mr L Twaku, Mr C Clerihew, Ms B D Leon, Mr M Sigaba, Prof W Sobahle, Mr Y Patel, Mr F Radebe, Ms B Mdaka, Dr P Bouwer, Mr M Sigidi, Mr T Faba, Mr C Manyike and Mr K Naidoo.
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The South African Local Government Association (SALGA) was represented by Mr T O Mlaba and Mr S Wasa. The Municipal Demarcation Board (MDB) was represented by Dr V Mlokoti, Mr R Willemse and Mr R Somanje. The National House of Traditional Leaders was represented by Khosi Kutama, Morena Mopeli, Prince Makaula, Kgosi Suping, Inkosi Mahlalela, Inkosi Mzimela, Kgosi Maubane, Hosi Ngove, Inkosi Mavundla, Kgosigadi Moroka, Inkosikazi Mhlauli, Mr A Sithole, Mr R Khandhlela, Adv S Maifadi, Adv M Tshabalala and Mr M Linda. The Local Government Sector Education and Training Authority (LGSETA) was represented by Mr S Maloka, Mr S Mofokeng, Ms J Davies, Mr G Lobela, Mrs W Roberts and Mr E Mnyakeng. The Commission for the Protection and Promotion of the Rights of Cultural, Religious and Linguistic Communities (CRL Commission) was represented by Dr M Guma, Mr B Mgcina, Mr C Smuts and Mrs P Madiba.
C. STRATEGIC PLAN AND OVERVIEW OF THE BUDGET
- The Acting Director-General for Department of Provincial and Local Government, Mr. Elroy Africa, informed the Committee that the strategic focus and priorities of the Department over the medium-term period are embedded in the lessons of Project Consolidate and the 5 Year Local Government Strategic Plan. He indicated that the Department will continue to discharge its leadership role in respect of the three strategic priorities of the Five Year Local Government Strategic Plan, namely:
• Mainstreaming hands-on support to Local Government to improve municipal governance, performance and accountability. • Addressing the structure and governance arrangements of the State in order to better strengthen, support and monitor Local Government. • Refining and strengthening the policy, regulatory and fiscal environment for Local Government and giving greater attention to the enforcement measures.
-
The Department will also renew its focus on service delivery to meet government’s targets and objectives in the following areas:
• Bucket Eradication by the year-end 2007 • Water and sanitation at clinics by 2007 • Water Supply by 2008 • Sanitation by 2010 • Electricity by 2012 • Solid Waste by 2013 • Roads infrastructure by 2013 • Sport and Recreation by 2013 • Public Facilities by 2013 • Informal settlements through the housing programme by 2014 -
Mr. Elroy Africa indicated that over the next three years, the share of nationally raised revenue that will be allocated to local government will be R121.7 billion. Of this amount, a total of R68.2 billion will be allocated through the Local Government Equitable Share (LGES) in the form of an unconditional grant and R600m through the Municipal Systems Improvement Grant (MSIG).
-
The department will also address challenges in the areas of implementing the Municipal Performance Regulations, filling of key vacancies, extending the pool of deployees to municipalities, improving the quality and credibility of IDPs, building municipal financial management systems and establishing an effective monitoring, reporting and evaluation system for local government.
-
Over the Medium-Term Expenditure Framework (MTEF) period R24.7 billion will be allocated to the Municipal Infrastructure Grant (MIG), which will focus on broadening access to basic services in the areas of water, sanitation, roads and community facilities.
-
Specific attention will be given to those municipalities who have not performed well with their expenditure on the 2006/07 allocations. At the end of January 2007, municipalities spent 54.4% of the R6.265 billion allocated to MIG for the 2006/07 financial year.
-
Through the relevant provisions of the Division of Revenue Act (2006) the Department developed and is presently implementing a MIG Re- allocation Strategy. This Strategy is aimed at ensuring compliance with the Division of Revenue Act (DORA), whilst at the same time providing further incentives to those municipalities who have demonstrated the capacity to spend, whilst providing additional support to those that are under-spending on MIG.
-
It was also indicated that a total of R8.4 billion has been set aside for stadium development for the 2010 FIFA Soccer World Cup. In this regard the Department is also strengthening its own internal capability to support and monitor the obligations of host cities.
-
The Department is responsible for the transfer of funds to six public entities and associated institutions. Over the MTEF period R265.5m will be transferred to South African Local Government Association (SALGA), the Municipal Demarcation Board (MDB), the South African Cities Network (SACN), the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, the Commission on Traditional Leadership Disputes and Claims, and the National House of Traditional Leaders.
-
The Committee noted how the spending was affected by lack of capacity and noted that DPLG was having problems with staff deployment and high turnover in municipalities. The Committee acknowledged the Department’s commitment to providing support to municipalities through programmes such as Project Consolidate. However, the Committee recommended the Department should focus on the recruitment of personnel at a local government level.
D. ADMINISTRATION
-
The purpose of this branch is to conduct overall management of the Department, formulate internal policies, and provide for the leadership functions of the Senior Management within the Ministry and the Department.
-
The budget for the Administration branch is expected to grow from R130 million in 2007/08 to slightly above R141 million in 2009/10. The average annual increase in expenditure from 2003/04 to 2006/07 was 10, 7%, due to a need to adjust the baseline for monitoring and evaluation, communication, information systems and general office support systems to support the department’s external service delivery units. It is estimated that the expenditure of the programme will increase on average annual by 5,8% from 2006/07 to 2009/10.
-
Strategic priorities for 2007/08 include the following: • To improve customer services and enhance service delivery. • To align HR planning to the strategy and needs of the organization. • Enhance effective implementation and monitoring of internal administrative policies. • Apply systems, standards and specifications that enhance the quality of services delivered by DPLG service providers. • Develop a comprehensive Human Resource Management and Development (HRM&D) strategy • Implement organizational development interventions that align the structure and build employee performance and motivation. • Develop and align human resources policies. • Enhance customer service and service delivery. • Development of a Monitoring and Evaluation System to track communications impact. • To profile DPLG in respect of key national initiatives. • Development of an ICT Governance Framework for DPLG. • Enhance customer service and service delivery by developing a Service Management Framework. • Development of a service orientated and integrated architecture framework of DPLG. • Development of a Knowledge and Information System for DPLG. • Facilitate and strengthen ICT Local Government Forums and participate at external ICT fore.
-
The Department has not met the target of 50% for women at management level, of which it only managed 35%. However, the Employment Equity Plan and strategy has been revised to enable the Department to meet the new target of 50%.
-
On 28 February 2006, the profile for People with Disability was 0,5% and the Department’s Employment Equity plan and strategy have been revised to also address this gap of 1,5%.
-
The Committee raised a concern on the 41 vacant positions that are available within the branch, and the negative effect that these vacancies have on the output of the branch. The Committee recommended that the branch increases its efforts with regard to filling the vacant positions. E. GOVERNANCE, POLICY AND REASEARCH
-
The objective of the Governance, Policy and Research branch is to provide policy advice and research support for the development and monitoring of intergovernmental relations and the performance of provincial government, provincial-municipal relations, integrated development planning, local economic development, the institutions of traditional leadership, and international and donor relations.
-
For 2007/08, the branch will focus on improving intergovernmental processes, including the planning and implementation of the Integrated Development Planning (IDP). The department has developed a framework to assess IDPs, and there had been significant improvement in the IDP processes since this process was undertaken in the last two years. Some provinces had actually established their own IDPs. The Department reported that donor funds were being used to recruit technical expertise, which would then be deployed out to about 21 municipalities.
-
F. URBAN AND RURAL DEVELOPMENT
-
The objective of the Urban and Rural Development Branch is to manage, co-ordinate, monitor and measure the effectiveness of the integrated implementation of the urban renewal programme and the integrated sustainable rural development programme across all spheres of government.
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The Department reported that the rapid increase in expenditure from 2003/04 to 2006/07 was to provide adequate capacity for implementing the Urban Renewal Programme (URP) and the Integrated Sustainable Rural Development Programme (ISRDP). Expenditure for 2007/08 to 2009/10 is set to increase by 4, 8%. Expenditure in 2006/07 was low, because of difficulties in filling vacant posts on time. While these funds were used in another programme, the baseline has been adjusted in 2007/08 so that all posts can be filled.
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Amongst others, the branch held induction workshops for newly elected Councillors and also technical support was given to the rural nodes. The branch noted the following achievements for 2006/07:
• Induction workshops held for new councilors in Galeshewe, Cape Town, Umzinyathi, Umkhanyakude, Zululand, Ehlanzeni, Mopani, Sisonke, Chris Hani and Umzimkhulu. • Guidelines for sector department participation in the nodes produced and disseminated. • Orientation workshop held for support officials in Ministries who are political champions. • The URP Implementation Framework completed. • A Programme Management Toolkit for the URP nodes produced. • Technical support to rural nodes provided through the IDT. • Galeshewe Urban Renewal Programme (URP) supported with Local economic Development (LED) expertise. • Partnership established with the Development Bank of Southern Africa (DBSA) to support Monitoring and Evaluation. • Partnership with NDA to support the ISRDP nodes. • Partnership with Business Trust to support nodal economic development: economic development profiles completed for all 21 nodes and technical support facilities in place in Maruleng and Buskbuckridge. • Continued partnership with the Independent Development Trust (IDT) to support the ISRDP nodes: nodal coordinators in all ISRDP nodes.
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The branch’s strategic priorities for the 2007/08 financial year include the following:
• Continue the partnership with the Business Trust, aimed at strengthening economic development in the nodes: nodal economic development indaba, feasibility studies for potential investment projects, interventions to strengthen the institutional environment and entrepreneurial support programmes for some of the nodes. • Work with the National Development Agency (NDA) to target resources for the rural nodes. • Use the URP technical support facility to provide technical support to the urban nodes. • Complete the ISRDP mid term review and ISRDP lessons learnt. • Continue operationalising of the M&E framework: work with provinces and nodes. • Produce and publish the programme newsletters (Rural Focus and Urban News). • Continue support for political champion visits to the nodes.
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The Committee raised a concern about the support that is available to the nodal areas, especially the rural nodes. The Committee recommended that the Department should increase its efforts to ensure that other departments play their role with regard to providing support to nodal areas.
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The Committee also raised a concern about the effectiveness and capacity of Planning and Implementation Management Support (PIMS) centres, in the absence of any monitoring and evaluation process. G. SYSTEMS AND CAPACITY BUILDING
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The objective of the Systems and Capacity Building branch is to develop local government policy frameworks and provides support to local government through the building of systems, in particular financial management, administrative and institutional systems, performance management and capacity building. The branch also provides for the management of the National Disaster Management Centre.
- For this branch, the average annual growth in expenditure from 2003/04 to 2006/07 was 18, 7%. The growth rate is expected to fall to 12, 1% between 2006/07 and 2009/10. Project Consolidate interventions resulted in additional allocations in 2006/07 and 2007/08 and the incorporation of the Capacity Building Systems subprogramme allocation for the two years of Project Consolidate. Project Consolidate interventions are set to stabilise from 2008/09 and the available funding will go to the Capacity Building Systems subprogramme. Expenditure on the Disaster Management subprogramme grows at an average annual rate of 20, 7% from 2006/07 to 2009/10.
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The branch has the following strategic priorities for 2007/08:
• Implement legislative and policy refinements to existing Local Government laws arising from lessons on PC. • Regulate LG Administrative and HR Systems in line with the Systems Act, 2000. • Implementation of the Municipal Performance Management System. • National monitoring system on performance management fully developed. • Improve the skills and effectiveness of local Government leadership. • Rollout the Local Government Anti-Corruption strategy. • Local Government Gender Policy developed with focused Training and Development on Women in Local Government. • Implement the HIV/AIDS Framework, and establish Local Government Youth Development Strategy. • Support National Treasury on work towards finalising the Local Government Fiscal Framework.
H. FREE BASIC SERVICES AND INFRASTRUCTURE
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The objective of the branch is to strengthen the capacity of municipalities to deliver sustainable infrastructure and increase access to basic services through project management and infrastructure planning, including free basic services to the poor, who are predominantly found in the under-serviced areas of South Africa.
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The introduction of the municipal infrastructure grant and larger allocations for coordinating free basic services are the main reasons for the large increases in 2004/05 and 2005/06. Between 2006/07 and 2009/10, average annual growth for the Municipal Infrastructure subprogramme is expected to be 7, 7%, and 9, 4% for the Free Basic Services Co-ordination subprogramme. Overall, the increase in programme expenditure between 2003/04 and 2006/07 was R23. 7 million or 38,8%. Over the MTEF period it is expected to be 8, 1%.
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The Department reported the following achievements for 2006/07:
• The allocation for the Municipal Infrastructure Grant (MIG) for the 2005/06 financial year is R 5,436 billion, of this amount 99,6% (R5,415 billion) was spent on projects • The allocation for the MIG for the 2006/07 financial year is R6, 265 billion, of this amount 54, 4% (R3, 404 billion) was spent on projects as at the end of January 2007. • Additional Capacity has been deployed to 62 municipalities where 43 Senior Engineers, 77 students and 31 graduates. • 238 Municipalities have been supported to comply with DORA requirements, 168 Municipalities have shown a significant improvement particularly on reporting and spending. 32 GDS summits held in District and Metropolitan Municipalities. • Provided support to 39 municipalities on the drafting of contract and management of SLA • Presidential Izimbizo facilitated in Chris Hani, OR Tambo and NMMM. • A model for waste developed and ready for implementation. • Mobilizing Support from stakeholders to the Izimbizo action plans for the EC. • Guidelines on Municipal Services Partnerships (MSP) launched, distributed and conducting training.
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The Committee commended the department on its efforts to deal with the weaknesses and challenges faced by local government.
I. SOUTH AFRICAN LOCAL GOVERNMENT ASSOCIATION (SALGA)
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The South African Local Government Association (SALGA) is mandated to represent the interests of organised local government in the intergovernmental relations system. In January 1998, SALGA was recognised by government as the one national organization representing the majority of provincial organisations in terms of section 2 of the Organised Local Government Act (1997). The entity is funded through a combination of sources, including a national government grant, membership fees from provincial and local government associations that are voluntary members, and donations from the donor community for specific projects.
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For 2007/08, SALGA listed the following priorities:
• Increase SALGA’s effectiveness and efficiency. • Facilitate the strengthening of the system of communication in local government. • Mainstream issues of gender, youth and people with disabilities. • Promote a lawful governance system which will enable service delivery in a developmental state. • Facilitate, promote and encourage municipalities to meaningful position themselves for 2010 FIFA Soccer World Cup. • Facilitate the development of municipal finance and fiscal management capacity towards sustainable service delivery.
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The Committee raised a concern with regard to a decrease in donor funding for the 2007/08 financial year, and the impact it may have on the fulfillment of the strategic plans of the entity.
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The committee enquired the level of involvement by SALGA on the development and implementation of the Performance Management System in municipalities, and urged the entity to strengthen its participation in the process.
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The Committee also raised concerns about the lack of the monitoring and evaluation of the Project Consolidate, and how this problem negatively affects the development and adoption of best practices. J. MUNICIPAL DEMARCATION BOARD (MDB)
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Mr R. Willemse briefed the committee on the Board’s mandate and performance during 2006/2007. He reported that a draft work plan for the period 2007-2011, to meet the deadlines imposed in key performance areas by the upcoming elections in 2009 and 2011, was compiled and tabled by the Board. Some of the concerns included the lack of interest in demarcation issues by provinces and municipalities, the tight consultation timeframes, and the possibility of delay.
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Mr Willemse addressed the MDB’s financial management objectives and gave an overview of past budget, income and expenditure performance. Details were provided about the anticipated income and expenditure up to 2011, including budget trends. The Board has received an allocation of R20, 6 million, which is approximately 82% of its total budget. The Board reported that it was expecting an income of R164 500 from other sources. A breakdown of expected expenditure was given as well as the proposed acquisition of fixed assets for 2007/08 to 2010-11.
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The Board reported that it was experiencing challenges with regard to recruiting qualified personnel, and limited budget and inadequate infrastructure.
L. LOCAL GOVERNMENT SECTOR EDUCATION AND TRAINING AUTHORITY (LG-SETA)
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Mr Lobelo proceeded to give the Committee an update on the achievements for 2005/06 and indicated the Board’s resolve to support the sector in its sectoral priorities. He mentioned that memoranda of understanding were entered into with various departments, organisations and other stakeholders. Mr Lobelo also highlighted the strategic priority areas that have been approved for funding from the Discretionary Fund for 2006 – 2010.
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Mr Sidwell Mofokeng, Chief Executive Officer, reported that the all SETAs did not receive any allocation from government for 2007/08. The question whether the Department of Provincial and Local Government (DPLG) should be contributing to the administration was being discussed in line with a Cabinet resolution of 2003. The LGSETA’s total income was derived from levies from municipalities, which amount to 1% of the payroll, and donor funding.
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The Committee inquired about the training programmes and other developmental support that are available to traditional leaders and urged the LGSETA to collaborate with SALGA and other stakeholders to ensure that there is no duplication of services.
M. NATIONAL HOUSE OF TRADITIONAL LEADERS (NHTL)
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The Chairperson of the NHTL, Mr Sithole, reported on the mandate of the NHTL and its role and listed the type of assistance rendered by DPLG to the NHTL and the progress in respect of various programmes of the NHTL. He concluded with an overview of the visits to Botswana, Namibia and Zimbabwe.
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Mr Sithole indicated that there was a shortcoming in the Traditional Leadership and Governance Act as it did not allow for the NHTL to intervene in the local and provincial houses. The Act was being followed closely by all provinces but there was a need to look at certain aspects of the Act in future.
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It was reported that all traditional leaders were included during negotiations on remunerations and the NHTL was awaiting the report from the Limpopo Provincial House of Traditional Leaders on the issue.
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The NHTL reiterated their request for a chamber and two committee rooms to be allocated by Parliament. It was also indicated that the issue of lack of resources, funding and personnel of the newly established structures remained a problem.
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The Committee, in its 2nd Term Programme has made provision for a meeting with the department to discuss the programme of support for traditional leadership and institutions.
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The Committee also plans to have a full day workshop with the National House of Traditional Leaders to look at some of the challenges they are facing and issues they have raised.
N. COMMISSION FOR THE PROMOTION AND THE PROTECTION OF THE RIGHTS OF CULTURAL, RELIGIOUS AND LINGUISTIC COMMUNITIES (CRL COMMISSION)
- Dr Mongezi Guma, Chairperson of the Commission, indicated that for the last two years the Commission has mainly focusing on setting up the architecture of the entity. Most of the programmes had been informed by the decisions taken by the National Consultative Conference, which was held to test the parameters of the mandate and cope of the Commission.
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The reported that the Auditor General has previously highlighted that there was no separation of functions within the unit as a result of lack of staff, as there were too few to allow for separation of functions. There were also other concerns with regard to of adequate policies and the Commission confirmed that all policies had since been developed. After interacting with the DPLG and Treasury, the Commission was able to motivate for additional funds to improve the capacity, and was allocated an additional R2 million for the next three years. The Commission is planning to employ more staff in the areas of administration and financial management.
-
The Budget of the Commission is expected to increase from R15.4 million in 2007/08 to R20.39 in 2009/10. The budget made allowance for the National Consultative Conference, which was a statutory requirement every five years, and which would be held in 2008/09.
- The Portfolio Committee emphasised that the Commission should strengthen its relationship with traditional leaders as some of the challenges that have been identified by the Commission are also of concern to traditional leaders.
O. CONCLUSION
- The Committee believed that submissions are in part a response to past resolutions and mandates.
- The Committee further records some of its concerns and directives recorded in its Portfolio Committee Report in 2006, as adopted by Parliament and, directs the Department and institutions that appeared before it to implement the decisions of the Committee that are still outstanding.
- The Committee further commits itself to strengthening its oversight role through visits to Municipalities.
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The Committee thanks parties concerned for the progress made so far.
- Report of the Portfolio Committee on Provincial and Local Government on an oversight visit to the Kgalagadi, Alexandra and Maluti-A-Phofung Nodal Municipalities, dated 19 June 2007:
The Portfolio Committee on Provincial and Local Government, having undertaken an oversight visit to the Kgalagadi, Alexandra and Maluti-A- Phofung Nodal Municipalities, reports as follows:
A. Introduction
1. The Portfolio Committee on Provincial and Local Government
envisaged undertaking a study visit to various nodal
municipalities in the 2nd Term of Parliament. This had been on
the agenda of the Committee for some time and it was resolved
that the Committee would undertake this visit during the second
week of May 2007. Through various interactions with the
Department of Provincial and Local Government and other relevant
stakeholders, the Committee identified three nodal
municipalities to visit.
2. The delegation from the Portfolio Committee on Provincial and
Local Government comprised of Mr S L Tsenoli (ANC)
(Chairperson), Ms M Gumede (ANC), Mr I Mogase (ANC), Mr G
Phadagi (ANC), Mr S Mshudulu (ANC), Mr M Lekgoro (ANC), Mr W
Doman (DA), Mr M Swathe (DA), Mr P Smith (IFP), Ms M Mdlalose
(NADECO), Ms N Sibisi (Committee Assistant), Mr J Nkuna
(Parliamentary Researcher) and Mr L Brown (Committee Secretary).
B. Objectives
The overall objective of the oversight visit was to look into the
impact assessment of the Integrated Sustainable Rural Development
Programme (ISRDP) and Urban Renewal Programme (URP) in the identified
areas and receive presentations on the plans to deliver on targets and
addressing current challenges. The Committee also focused on
intergovernmental relations and service delivery - to check on the
progress in putting intergovernmental relations structures in place at
provincial and district level. To examine the lessons learned in
respect of intergovernmental relations collaboration. The Committee
also wanted national, provincial and local government to account for
how they had been using these structures to drive the achievements of
the service delivery targets. And, finally, the Committee wanted to
study what the level of community participation was in this regard.
C. Nodal Municipalities Visited
1. The nodal municipalities visited included Kgalagadi Nodal
Municipality in the Northern Cape, Alexandra Renewal Project in
Gauteng and the Maluti-A-Phofung Nodal Municipality in Free State.
2. Meetings involved a range of stakeholders including local
government councilors, government officials and elected and
official functionaries.
D. Kgalagadi Municipality – Northern Cape Province
The Executive Mayor of the Kgalagadi District Municipality, Cllr.
Mrs. B.S. Mereeotlhe, indicated that the district was identified as
a Rural Development Node by the President and it is part of the
Integrated Sustainable Rural Development Programme (ISRDP). The
district municipality is characterised by high unemployment rate
and a high density rural population that has poor access to basic
infrastructure and services. The majority of people in the area
are dependent on subsistence agriculture, while the public sector
and the mines are the two biggest sources of employment.
With regard to service delivery in the area the Executive Mayor reported the
following:
Integrated Development Plans
• All four municipalities within the district municipality
planned and executed their IDPs since 2001, in accordance with
appropriate legislation and guidelines.
• Municipalities were currently in the process of finalising
their Draft 2007/2008 IDP programmes.
• Each municipality identifies its own priority issues for which
appropriate objectives, strategies and projects are developed.
• Various structures and forums have been established to ensure
effective planning, such as the IDP Representative Forum and
the ISRDP Technical and Political Forum.
• The district municipality has aligned the planning and budget
process in all four municipalities as prescribed by the
Municipal Finance Management Act (MFMA).
Institutional Capacity
• For the last five years, the district municipality has
prioritised the training of councillors and officials - where
approximately R6 million was used towards the training of 50
councillors and 50 officials.
• Approximately, R800 thousand is budgeted for by all
municipalities to fund training and capacity building
programmes.
• All municipalities have personnel Skills Development Plans.
• An estimated R20 million was spent on the building of new
municipal offices and/or the improvement and expansion of
existing buildings for all four municipalities.
• Moshaweng Municipality has the least capacity compared to the
other municipalities but the situation has improved from five
employees in 2002 to 34 employees in 2007.
Financial Viability
• Various strategies were put in place to increase revenue
collection.
• Gamagara, Ga-Segonyana and the district municipality started to
raise minimum taxes from farmers and has installed water meters
in areas that were previously not metered.
• All municipalities implemented strict budget control mechanisms
resulting in a dramatic drop of unauthorised expenditure.
• Gamagara Municipality is considered to be in a better position
in terms of payment of services, however, the inclusion of
Olifantshoek after the recent elections pose a new challenge to
the municipality.
• In Ga-Segonyana 80% of the population resides on tribal land
where there are no street names and no individual land
ownership.
• Ga-Segonyana continues to rely on the Equitable Share to ensure
financial viability.
• The financial viability of Moshaweng Municipality is currently a
challenge, however, measures to improve the situation are being
investigated.
• Moshaweng has developed a valuation roll and is piloting water
meters and accompanied payment of services in Cassel Village.
Performance Management System
• All four municipalities have developed annual Performance
Reports.
• Gamagara and Ga-Segonyana Municipalities have both
organisational and individual performance measurement systems at
all levels.
• Kgalagadi has developed an organisational performance system and
is in the process of finalising the individual performance
systems - below level one.
• Moshaweng Municipality was recently identified as a pilot - to
receive intervention from province - however this process has
not unfolded.
• The Performance Audit Committee was recently established and is
functional.
• An Internal Audit Unit has been established and serves all four
municipalities.
Housing
• Kgalagadi District Municipality is currently in the process of
applying for housing accreditation, level 1 and 2.
• In Ga-Segonyana 546 houses were developed over the past two
years. Another 1100 subsidies were approved for the Ga-Segonyana
area.
• In Moshaweng 1100 subsidy houses were approved and are in the
process of being implemented.
• In Gamagara 485 subsidy houses were constructed. Due to the
expansion of the mines the Municipality is currently developing
an additional 1 986 residential sites to the cost of R77, 8
million.
• The district municipality developed 250 sites in Vanzylsrus for
subsidy housing. An application for the subsidies was submitted
to the Provincial Department of Housing and Local Government.
Water
• Most of the water and sanitation projects are funded from the
Municipal Infrastructure Grant (MIG). The Project Management
Unit (PMU) was established at district level to assist
municipalities with the management and implementation of this
grant.
• The funding required, to eradicate the water backlog within the
district municipality area of jurisdiction, amounts to R
60,027,130.
• Adequate funding for the eradication of the backlogs in
Gamagara, the Kgalagadi DMA and Gasegonyana exists, but
Moshaweng has a backlog of 8 386 households.
• Currently the MIG budget allows for an allocation of R28 mil for
the provision of RDP standard water infrastructure, thus
resulting in a R30,014 mil annul shortfall.
• An estimate of R46 million was spent over the past four years on
water provision, providing 15 333 households with water.
Observations and Issues Raised
• The Committee enquired about the effectiveness of the
performance management system that has been developed and
implemented by some of the municipalities. The Committee
indicated that the system could be used by other municipalities
to develop their own performance management systems.
• The Committee raised a concern about the participation by
Traditional Leaders in the IDP processes, as they represented
most of the communities in the area.
Committee Recommendations
The Committee recommended the following:
• A detailed report on the municipal performance management system
be forwarded to the Portfolio Committee, as such system could
also be helpful to other municipalities.
E. Alexandra Renewal Project – Gauteng Province
Mr Julian Baskin, the Director of the ARP, indicated that Alexander is
located on prime and valuable land within the principal growth
corridor, between key arterial roads to the Oliver Tambo Airport and
the Highway that connects Johannesburg and Pretoria. He reported that
approximately 350 000 people resides in 8 500 informal houses, 34 000
shacks, 3 hostel complexes and 2 500 flats. With an initial budget of
R1.4 billion (excluding housing subsidy), the ARP had a timeframe of
seven years, starting from 2002 and ending in 2008, but it was later
extended by three years. For almost two years, the programme struggle
to get off the ground, until the 2004 ARP Summit. The following
challenges and obstacles were identified by the 2004 ARP Summit:
• The escalation of costs as a result of inflated project structure
(approximately 50 consultants were involved in multiple projects).
• Lack of centralised project team, which resulted in government
structures working in silos.
• Too much emphasis on non-construction projects.
• Confusion over attainable and realistic project objectives.
• Resistance to relocation out of Alexandra.
• Focus on unaffordable social housing.
• Lack of coordination between the Provincial Government and the
City of Johannesburg.
• Little buy-in from Councillors.
The ARP Director reported on the substantial progress that has since
been made since 2004, including various sub-projects that have already
been concluded and some that are being implemented. He also noted the
following challenges:
• Development of a clear consensus with regard to the housing
allocations.
• Perceived and real corruption undermines housing allocations.
• Ensure quality of housing construction.
• The purchasing of newly identified land in Limbro Park.
• Increasing the participation and contribution of private sector
role players in the ARP.
• The need for a wider ministerial support and increase the
insufficient ARP budget.
• Increase the capacity in the Local Economic Development section of
the ARP.
Observations and Issues Raised
• Mr Julian Baskin indicated that one of the challenges to the
programme was the fact that government department often fail to
take ownership of completed projects.
• The compensation of landowners remains a challenge and this
affected the implementation of various infrastructure projects
such as the construction of roads in Alexandra.
• It was also noted that the maintenance of completed building
complexes was a growing concern and challenge, as the risk of
being dilapidated increases without any maintenance of the
properties.
• Affordability and the willingness to pay for rendered services
(levies and rates) is one of the key concerns for both homeowners
and those that will be renting.
• Mr Julian Baskin reported that the delay in payment of contractors
continues to have a negative impact on the cash flow of emerging
small contractors, and thus prevent them from benefiting from
business opportunities that are available.
• The Committee raised a concern with regard to the anticipated
delays in the proclamation of the remaining townships in Alexandra
before the 2009 target deadline.
Committee Recommendations
The Portfolio Committee recommended that:
• Communication networks and intergovernmental relations between
various spheres of government, including the Office of the
Premier, must be strengthened to ensure that the identified
challenges are addressed timeously.
• The acquisition of land in Limbro Park, which was in dispute, must
be prioritised and a process of thorough consultation must be
undertaken to ensure that residents of Limbro Park are able to
engage and participate fully in the process.
F. Maluti-A-Phofung Municipality – Free State
It was reported that the Maluti-A-Phofung Local Municipality has
developed a performance management system and all managers have signed
their performance contracts for the 2007/08 financial year. The
following issues were reported:
Integrated Development Planning
• The Provincial IDP engagement sessions were held in Bloemfontein
in May 2006, where all District Municipalities and sector
departments were in attendance.
• Subsequent to these sessions on 20 February 2007 the District and
Local Municipalities held their IDP review sessions to ensure that
it is aligned to the Free State Growth and Development plan.
Project Consolidate
• Maluti-A-Phofung was put under project consolidate to address
issues of service delivery.
• The Provincial Department of Local Government and Housing has
allocated R6 million to the Local Municipality for the development
of the Spatial Development Framework.
• The Independent Development Trust (IDT) has deployed one official
to the node to provide support in monitoring the implementation of
project consolidate.
• The IDT, in partnership with Nestle, is also involved with
providing support to local farmers in collecting and delivering
milk at different points.
The Golden Gate Declaration
• The node hosted a seminar with the sector departments, the private
sector, parastatals, the IDT and the technical and provincial
champions.
• Sector departments have since aligned their departmental strategic
plans to address issues on the node.
• The office of the Premier is fully represented in ISRPD and
provides ongoing support to the node.
• The seminar realised the Golden Gate Declaration where all the
stakeholders committed themselves to forge a partnership that will
ensure smooth implementation and success of the ISRDP.
Traditional Leadership
• The role of traditional leadership in the nodal area is visible
and traditional leaders are intensively involved in ward committee
structures as ex officio members.
Basic service delivery and infrastructure development
• The Project Management Unit (PMU) is fully functional within the
municipality and oversees the smooth implementation of the MIG
programme and other infrastructure projects.
• The municipality has been allocated R188,5 million for
infrastructure related projects for 2006/7.
Challenges
The following challenges were identified:
• The local municipality faces challenges regarding the construction
and maintenance of infrastructure, such as roads and bridges.
• Lack of commitment from senior managers of the municipality in the
implementation of the programme.
• The IGR structure in the municipality is not functional.
• Need to further reinforce integration and coordination of
financial resources from sector departments to maximize the impact
in the node.
• Shortage of social workers to meet the demand for social welfare
services.
• Recruitment and retention of health care practitioners for the
node.
• Implementation of rural health services due to the shortage of
resources.
• Procurement and replacement of critical medical equipment.
• Accommodation of health workers including community services
officers.
• Insufficient resources in providing water and sanitation in rural
schools and clinics.
• Communication of Free Basic Services to the end users.
• Shortage or lack of technical capacity for monitoring of
infrastructure projects.
• Accessibility of roads in the rural areas still remains a
challenge.
• Water, sanitation and electricity provision still remains a
challenge in some rural communities.
Observations and Issues Raised
• The Committee noted with disappointment the absence of the
delegates from the district municipality from the meeting, as no
apology was rendered.
• The Committee enquired about the level and magnitude of service
delivery backlogs in the nodal area, as these were not clearly
articulated in the presentation.
• The Committee raised a concern about the ability of the local
municipality to draft and implement its own IDP programme and
cautioned the local municipality against using service providers
to develop its IDP plans.
• The Committee raised a concern about achievements and progress
that has been made on the implementation of anchor projects in the
nodal areas, as there was under-reporting in this area.
• Some Councillors indicated that the municipality’s IDP has not
been properly consulted and discussed with the communities.
• Political champions have been appointed in the national,
provincial and local governments to service the 21 nodes. Their
primary mandate is to promote the principles of the programmes as
well as to remove blockages or impediments to the successful
implementation of the programmes. The Committee enquired about the
role played by political champions in the nodal area to ensure
that the intergovernmental problems are addressed.
Committee Recommendations
The Portfolio Committee recommended that:
Intergovernmental relations should be strengthened through the
enforcement of the Intergovernmental Relations Act to ensure that the
IDP programme is implemented successfully in the nodal area.
Report to be considered.
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Report of the Standing Committee on Private Members’ Legislative Proposals and Special Petitions on the Legislative proposal to amend Electoral Act, dated 24 May 2007:
The Standing Committee on Private Members’ Legislative Proposals and Special Petitions, having considered the Legislative proposal submitted by Mr G. Morgan, and consulted with the Government Communications and Information Systems (GCIS) and Independent Electoral Commission (IEC), recommends that permission not be given to the member to proceed with the proposal.
However the Committee recommends that the matter be debated in the House of National Assembly.
Report to be considered.
-
Report of the Standing Committee on Private Members’ Legislative Proposals and Special Petitions on the Legislative proposal to amend Lotteries Act, dated 15 June 2007:
The Standing Committee on Private Members’ Legislative Proposals and Special Petitions, having considered the Legislative proposal submitted by Mr L Labuschagne, and consulted with the Department of Trade and Industry, recommends that the Department of Trade and Industry incorporates the proposal into their reviewal process, with six-monthly reports to the Committee and the proposing member.
Report to be considered.
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Report of the Standing Committee on Private Members’ Legislative Proposals and Special Petitions on the Legislative proposal to amend South African Schools Act, dated 15 June 2007: The Standing Committee on Private Members’ Legislative Proposals and Special Petitions, having considered the Legislative proposal submitted by Mr G Boinamo, and consulted with the Department of Education, recommends that permission not be given to the member to proceed with the proposal since the education legislative do cover the first two portions of the proposal, and some aspects of the proposal be referred to the Portfolio Committee on Education for further consideration.
Report to be considered.
WEDNESDAY, 27 JUNE 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Assent by President in respect of Bill
(a) South African Airways Bill [B 35B – 2006] – Act No 5 of 2007
(assented to and signed by President on 14 June 2007)
COMMITTEE REPORTS
National Assembly and National Council of Provinces
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CREDA PLEASE INSERT - T070627-insert2 – PAGES 1449-1453 FRIDAY, 29 JUNE 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Introduction of Bills
(1) The Minister for Justice and Constitutional Development
a) Constitution Thirteenth Amendment Bill [B 24 – 2007]
(National Assembly – proposed sec 74) [Bill published in
Government Gazette No 29910 of 25 May 2007.]
Introduction and referral to the Portfolio Committee on
Justice and Constitutional Development of the National
Assembly, as well as referral to the Joint Tagging Mechanism
(JTM) for classification in terms of Joint Rule 160, on 29
June 2007.
In terms of Joint Rule 154 written views on the
classification of the Bill may be submitted to the Joint
Tagging Mechanism (JTM) within three parliamentary working
days.
(2) The Minister for Provincial and Local Government
a) Cross-Boundary Municipalities Laws Repeal and Related Matters
Amendment Bill [B 25 – 2007] (National Assembly – proposed
sec 75) [Explanatory summary of Bill published in Government
Gazette No 29992 of 15 June 2007.]
Introduction and referral to the Portfolio Committee on
Provincial and Local Government of the National Assembly, as
well as referral to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160, on 29 June 2007.
In terms of Joint Rule 154 written views on the
classification of the Bill may be submitted to the Joint
Tagging Mechanism (JTM) within three parliamentary working
days.
TABLINGS
National Assembly
-
The Speaker
(1) Report of the Public Protector in terms of section 182(1)(b) of the Constitution,1996 and section 8(2)(b) of the Public Protector Act, 1994. Report on an investigation into a complaint concerning the alleged failure by the National Assembly to comply with the Constitution and Parliamentary Procedures: Constitution Twelfth Amendment Bill.
(2) Written comments received from the public and provincial legislatures on the Constitution Thirteenth Amendment Bill [B 24 - 2007] (National Assembly – proposed sec 74), submitted by the Minister for Justice and Constitutional Development in terms of section 74(6)(a) of the Constitution, 1996.
Referred to the Portfolio Committee on Justice and Constitutional Development.
COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Water Affairs and Forestry price increases of bulk resources (water) for provision of Municipal services – Section 42 of the Local Government Municipal Finance Management Act No. 56 of 2003
A. Background As required by section 42 of the Local Government Municipal Finance Management Act, on 13 March 2007 Parliament received the proposed price increases of bulk resources in respect of water tariffs by Water Boards. B. Introduction The proposed price increases were referred to the Portfolio Committee on 13 March 2007. These were considered by the committee at a meeting held on 18 May 2007. C. Findings Fourteen Water Boards submitted price increases ranging between 0 – 24,3%. The Botshelo and Namakwa Water Boards have proposed tariff increases above national government’s inflation target. The Botshelo Water Board proposed a 24,3% increase , the Namakwa Water Board proposed a 10% increase. In terms of section 42(3) of the Act, submissions in relation to price increases of bulk resources for the provision of municipal services must be accompanied by: a) a motivation of the reasons for the proposed amendment; b) an explanation of how the amendment account of – i) the national government’s inflation targets and other macroeconomic policy objectives; ii) steps taken by the organ of state to improve its competitiveness or efficiency in order to reduce costs; iii) any objectives or targets as outlined in any corporate or other governance plan applicable to that organ of state; c) any written comments received from the National Treasury, organised local government or any municipalities; and d) any explanation of how such comments have been taken into account. D. Conclusions The Portfolio Committee in dealing with the tariff increase is of the view that the 24,3% increase by the Botshelo Water Board does not appear to take into account the issues in section 42 (3) of the Act. The Act is, however, not explicit on the function of Parliament including that of the Portfolio Committee’s obligation to deal with the submission. The Act does not empower the Portfolio Committee to recommend, adopt or reject the proposed bulk resources increases proposed. E. Recommendations The Portfolio Committee recommends the following: 1. That the Minister for Water Affairs and Forestry consider actively engaging with Botshelo Water Board on responsibly setting price increases in line with national government’s inflation targets. 2. The Minister for Water Affairs and Forestry, in consultation with the Minister for Provincial and Local Government, be requested to consider a review of section 42 of the Local Government Municipal Finance Management Act to provide for a role for parliament when price increases in respect of bulk resources are considered
Report to be considered.
-
Second Report of ad hoc Committee on operational problems in the office of the Public Protector, dated 28 June 2007:
The Committee, having concluded its inquiry, reports as follows:
-
INTRODUCTION
(1) The ad hoc Committee on operational problems in the office of the Public Protector was originally appointed on 31 July 2006 at the request of the Public Protector, Adv M L Mushwana. Its term of reference was to enquire into the operational problems being experienced in the office of the Public Protector as reported to the Speaker by the Public Protector.
(2) The Committee, having engaged with both the Public Protector and the Deputy Public Protector, Adv M T Shai, reported to the House on 5 September 2006. The Committee identified a range of operational problems in the office which impacted negatively on its ability to carry out its constitutional responsibilities optimally. The Committee accordingly made a number of recommendations aimed at strengthening the office and which should be implemented as a matter of urgency and included confidence-building measures to assist in removing potential sources of tension between the Public Protector and his Deputy.
(3) The Committee had learned of a serious rift in relations between
the Public Protector and his Deputy which had developed into a
public discord, culminating in the Public Protector initiating
legal action and the Deputy Public Protector instructing her
attorneys to prepare a counter-claim. The Committee in its
report expressed the view that it was undesirable that such
legal action remained in the public domain and unresolved as
that would unavoidably impede the effective functioning of the
office for as long as it continued.
(4) The Committee’s report was adopted by the House on 7 September
2006.
-
RECONVENING OF COMMITTEE
(1) Following a recommendation of the Committee, the House reconvened the Committee by resolution on 27 March 2007 for it to assess progress made with the implementation of the recommendations and to determine any further action that may be required to ensure that the office of the Public Protector was able to fulfill its constitutional and legislative mandate. The Committee was instructed to report by 2 July 2007.
(2) In advance of engaging further with the Public Protector and his Deputy, the Committee invited them to submit written reports or comments on progress that had been made. In response the Committee received a progress report and a document formally delegating powers to the Deputy Public Protector, both co-signed by the two office-bearers. Draft amendments to the employment policy of the office were also received.
(3) The Committee saw it as its main task to establish its satisfaction with what had been done in the previous six months to implement the recommendations and whether good working relations had been restored between the Public Protector and his Deputy.
-
FINDINGS ON PROGRESS
(1) Implementation of recommendations (a) The Public Protector and Deputy Public Protector jointly confirmed that steps had been taken to implement the recommendations and to resolve the operational problems that existed in the office. These included:
• The formal acceptance and observance of the overall
authority of the Public Protector as head of the
institution;
• The formal observance of the lines of authority and
accountability of the office in relation to organs of state
as envisaged in the Constitution;
• The formalisation of the delegation of powers to the Deputy
Public Protector;
• The Public Protector’s direct supervision of
responsibilities assigned to the Deputy Public Protector
and their direct interaction and co-operation on matters
relating to the functioning of the office;
• The filling of senior posts in the office including those
of the chief executive officer, a finance manager, a senior
IT manager and a senior communications manager;
• The preparation of formal procedures for the appointment
and transfer of staff;
• The preparation of a staff retention strategy;
• The proper application within the office of terms and
conditions of service of the Public Protector and the
Deputy Public Protector; and
• The adoption and subsequent review of a strategic plan for
the office.
(b) The Committee is pleased to report on these developments since
September 2006 and believes that they establish an adequate
foundation for the effective functioning of the office.
(c) The Committee also notes that as a result of these developments
cases are now processed more quickly and the majority of cases
in the office are less than a year old.
(2) Public Protector’s concern at nature of practical interaction with Treasury and Department of Justice and Constitutional Development
(a) The Public Protector in his Progress Report to the Committee
expressed concern at the role played in practice by Treasury and
the Department of Justice and Constitutional Development in
relation to the finances of the office, budgetary matters and
the determination of the remuneration and terms and conditions
of service of the Public Protector and his Deputy.
(b) Recommendation: The Committee recommends that the Public
Protector’s concerns regarding the role of Treasury and the
Department as reflected in the Progress Report be referred to
the ad hoc Committee on the Review of Chapter 9 and Associated
Institutions for consideration. (3) Formal delegation of powers to the Deputy Public Protector
(a) In submitting to the Committee the formal delegation of powers
to the Deputy Public Protector in accordance with the
Committee’s recommendation, the Public Protector indicated that
the exercise had not been an easy one and he would welcome any
form of guidance and suggestions.
(b) The Committee engaged with the Public Protector and his Deputy
on the contents of the document and advised that it should be
reworked, ensuring that the delegated powers referred directly
to core elements of the work of the office and governance issues
and that all administrative functions resorted under the newly
appointed Chief Executive Officer. The number of delegated
powers should also be reduced from 26 and banded into no more
than 6 or 7.
(4) Working relations between Public Protector and Deputy Public Protector and status of legal action.
(a) Both the Public Protector and the Deputy Public Protector
assured the Committee that with the implementation of the
recommendations and confidence-building measures, amicable
working relations between them had been restored and they met
regularly on operational matters.
(b) The Committee notes with concern that the Public Protector and
his Deputy had not formally met to discuss the Committee report
after its adoption in September 2006.
(c) The Progress Report and document on the delegation of powers had
been co-signed by them.
(d) The Committee learned, however, that the Public Protector’s
legal action and the Deputy Public Protector’s counter-claim
were still pending.
(e) Furthermore, despite the misgivings expressed in the report
regarding the inevitable impact on the optimal functioning of
the office if the legal action were to remain in the public
domain and unresolved, the Committee notes that no attempt had
been made by either party to settle their differences.
(f) Nevertheless, both assured the Committee that they took the
concerns expressed in the report and reiterated by the Committee
very seriously, and would continue to do so. However, they felt
that the court action related to personal matters and did not
impact on their working relations which remained professional.
(g) At the suggestion of the Committee the Chairperson approached
them individually in a further attempt to encourage a
settlement, but regrettably was not successful.
(h) The Committee has to accept the assurances of both parties that
good working relations between them will be maintained, but the
Committee remains of the view that in the interests of the
dignity, authority and effective functioning of this important
office it is undesirable that the legal action should continue
to be in the public domain and remain unresolved.
-
CONCLUSION
(1) This report concludes the Committee’s work. Apart from the continuing legal action, the Committee is satisfied that there has been progress towards resolving the operational problems in the office, and advises that no further action is required at this time. However, the Committee reiterates that it is inconceivable that the two most senior office-bearers of an institution that enjoys constitutional protection and status and that is committed to resolving disputes between citizens and public authority should persist in their intention to pursue legal action against each other.
(2) In conducting this inquiry into operational problems in the office of the Public Protector, one of the independent institutions supporting democracy as established by the Constitution, the Committee had to perform a unique task without precedent in our Parliament. The inquiry was indeed conducted at the behest of the Public Protector in person and the Committee sought in its inquiry to remain sensitive to the constitutional status of the office and to refrain from inappropriate interference.
(3) The Committee acknowledges the co-operation of Adv M L Mushwana and Adv M T Shai.
(4) The Committee expresses its appreciation to Mr Kasper Hahndiek, former Secretary to the National Assembly, and to the staff who supported the Committee for their assistance.
Report to be considered MONDAY, 2 JULY 2007
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Finance
(a) Agreement between the Government of Sweden and the Government of
the Republic of South Africa on Development Co-operation 1 July
2004 – 30 June 2007, tabled in terms of section 231(3) of the
Constitution, 1996.
(b) Explanatory Memorandum on the Agreement between the Government
of Sweden and the Government of the Republic of South Africa on
Development Co-operation 1 July 2004 – 30 June 2007.
(c) Government Notice No R. 478 published in Government Gazette No
29958 dated 1 June 2007: Rules made by the Minister of Finance
under section 771 of the Customs and Excise Act, 1964 (Act No 91
of 1964).
(d) Government Notice No R. 484 published in Government Gazette No
29951 dated 8 June 2007: Amendment of Schedule No 1 (No 1/1/1337)
in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(e) Government Notice No R. 485 published in Government Gazette No
29951 dated 8 June 2007: Amendment of Schedule No 3 (No 3/612) in
terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(f) Government Notice No R. 486 published in Government Gazette No
29951 dated 8 June 2007: Amendment of Schedule No 4 (No 4/306) in
terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
- The Minister of Safety and Security
(a) Agreement between the Government of the Republic of South Africa
and the Government of the Republic of Malta in respect of Police
Cooperation, tabled in terms of section 231(3) of the
Constitution, 1996.
FRIDAY, 6 JULY 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Introduction of Bill
(1) The Minister for Public Enterprises
a) Broadband Infraco Bill [B 26 – 2007] (National Assembly –
proposed sec 75) [Bill published in Government Gazette No
29879 of 11 May 2007.]
Introduction and referral to the Portfolio Committee on Public
Enterprises of the National Assembly, as well as referral to
the Joint Tagging Mechanism (JTM) for classification in terms
of Joint Rule 160, on 29 June 2007.
In terms of Joint Rule 154 written views on the classification
of the Bill may be submitted to the Joint Tagging Mechanism
(JTM) within three parliamentary working days.
- Assent by President in respect of Bill
(a) Convention on International Interests in Mobile Equipment Bill
[B 1 – 2007] – Act No 4 of 2007 (assented to and signed by
President on 29 June 2007).
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Finance
(a) Explanatory Memorandum to the Diamond Export Levy Bill, 2007.
(b) Government Notice No R.492 published in Government Gazette No
29966 dated 15 June 2007: Municipal Regulations on Debt
Disclosure, in terms of section 168 of the Local Government:
Municipal Finance Management Act, 2003 (Act No 56 of 2003).
(c) Government Notice No R.493 published in Government Gazette No
29967 dated 15 June 2007: Municipal Regulations on Minimum
Competency Levels, in terms of section 168 of the Local
Government: Municipal Finance Management Act, 2003 (Act No 56 of
2003).
- The Minister of Transport
(a) Report and Financial Statements of the Urban Transport Fund
(UTF) for 2005-2006, including the Report of the Auditor-General
on the Financial Statements for 2005-2006 [RP 45-2007].
FRIDAY, 27 JULY 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Draft Bills submitted in terms of Joint Rule 159
(a) Rental Housing Amendment Bill, 2007, submitted by the Minister
of Housing. Referred to the Portfolio Committee on Housing and the
Select Committee on Public Services.
(b) Social Housing Bill, 2007, submitted by the Minister of
Housing. Referred to the Portfolio Committee on Housing and the
Select Committee on Public Services.
(c) Local Government Laws Amendment Bill, 2007, submitted by the
Minister for Provincial and Local Government. Referred to the
Portfolio Committee on Provincial and Local Government and the
Select Committee on Local Government and Administration.
(d) National Gambling Amendment Bill, 2007, submitted by the
Minister of Trade and Industry. Referred to the Portfolio
Committee on Trade and Industry and the Select Committee on
Economic and Foreign Affairs.
-
Introduction of Bills (1) The Minister of Transport
(a) Transport Agencies General Laws Amendment Bill [B 27 – 2007] (National Assembly – proposed sec 75) [Bill published in Government Gazette No 30115 of 24 July 2007.]
Introduction and referral to the Portfolio Committee on Transport of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160. In terms of Joint Rule 154 written views on the classification of the Bill may be submitted to the Joint Tagging Mechanism (JTM) within three parliamentary working days.
(2) The Minister for Provincial and Local Government
(a) Local Government Laws Amendment Bill [B 28 – 2007]
(National Assembly – proposed sec 75) [Bill published in
Government Gazette No 30034 of 2 July 2007.]
Introduction and referral to the Portfolio Committee on
Provincial and Local Government of the National Assembly, as
well as referral to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the
classification of the Bill may be submitted to the Joint
Tagging Mechanism (JTM) within three parliamentary working
days.
(3) The Minister of Housing
(a) Social Housing Bill [B 29 – 2007] (National Assembly –
proposed sec 76) [Bill published in Government Gazette No
30022 of 6 July 2007.]
Introduction and referral to the Portfolio Committee on Housing
of the National Assembly, as well as referral to the Joint
Tagging Mechanism (JTM) for classification in terms of Joint
Rule 160.
In terms of Joint Rule 154 written views on the classification
of the Bill may be submitted to the Joint Tagging Mechanism
(JTM) within three parliamentary working days.
(4) The Minister of Housing
(a) Rental Housing Amendment Bill [B 30 – 2007] (National
Assembly – proposed sec 76) [Bill published in Government
Gazette No 30022 of 6 July 2007.]
Introduction and referral to the Portfolio Committee on
Housing of the National Assembly, as well as referral to the
Joint Tagging Mechanism (JTM) for classification in terms of
Joint Rule 160.
In terms of Joint Rule 154 written views on the
classification of the Bill may be submitted to the Joint
Tagging Mechanism (JTM) within three parliamentary working
days.
(5) The Minister of Trade and Industry
a) National Gambling Amendment Bill [B 31 – 2007] (National
Assembly – proposed sec 76) [Bill published in Government
Gazette No 30124 of 26 July 2007.]
Introduction and referral to the Portfolio Committee on Trade
and Industry of the National Assembly, as well as referral to
the Joint Tagging Mechanism (JTM) for classification in terms
of Joint Rule 160.
In terms of Joint Rule 154 written views on the
classification of the Bill may be submitted to the Joint
Tagging Mechanism (JTM) within three parliamentary working
days.
(6) The Minister of Correctional Services
(a) Correctional Services Amendment Bill [B 32 – 2007]
(National Assembly – proposed sec 75) [Bill published in
Government Gazette No 29893 of 18 May 2007.]
Introduction and referral to the Portfolio Committee on
Correctional Services of the National Assembly, as well as
referral to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the
classification of the Bill may be submitted to the Joint
Tagging Mechanism (JTM) within three parliamentary working
days.
- Membership of Committees
(1) The following changes have been made to the membership of Joint
Committees:
Budget
Appointed: Gumede, Mr D M (Alt); September, Ms C (Alt); Sotyu,
Ms M (Alt); Tsenoli, Mr S L (Alt); Zita, Mr L (Alt)
Defence
Appointed: Ngwenya, Ms W
Discharged: Matsemela, Ms M L
National Assembly
The Speaker
- Membership of Committees
(1) The following changes have been made to the membership of
Portfolio Committees:
Arts and Culture
Appointed: Biyela, Inkosi B P (Alt); Bhengu, Mr M J
Correctional Services
Appointed: Chikunga, Ms L S (Alt); Nawa, Ms Z N, Phala, Mr M J
Discharged: Nyambi, Mr A J
Foreign Affairs: Sub-committee on African Union
Appointed: Kalako, Mr M U; Magau, Ms K R; Nkuna, Ms C (Alt);
Sefularo, Dr M (Alt); Sibande, Mr M P
Discharged: Khoarai, Mr L P; Motubatse-Hounkpatin, Ms S D; Ntuli,
Mr R S; Ramgobin, Mr M; Turok, Prof B
Foreign Affairs: Sub-committee on International Affairs
Appointed: Khoarai, Mr L P (Alt); Luthuli, Dr A N; Malahlela, Mr M
J; Ntuli, Mr R S (Alt)
Discharged: Kalako, Mr M U; Magau, Ms K R; Nkuna, Ms C; Sefularo,
Dr M; Sibande, Mr M P
Health
Appointed: Sefularo, Dr M
Discharged: Mathibela, Ms N F
Labour
Appointed: Twala, Ms M
Discharged: Maduma, Mr L D
Minerals and Energy
Discharged: Mohamed, Prof I
Public Works
Appointed: Anthony, Mr T G (Alt); Gogotya, Mr N J; Huang, Mr S
Discharged: Nwamitwa-Shilubana, Ms T L P
Safety and Security
Appointed: Maziya, Mr A M; Ntuli, Ms B M
Discharged: Kholwane, Mr S E; Nogumla, Mr R Z
Science and Technology
Appointed: Twala, Ms M (Alt)
Transport
Appointed: Gabanakgosi, Mr P S (Alt)
Water Affairs and Forestry
Appointed: Bhengu, Ms P (Alt); Combrink, Mr J J
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
(a) Repositioning Strategy of the Financial and Fiscal Commission
(FFC) for 2007-2010.
- The Minister of Finance
(a) Report and Financial Statements of the Financial Services Board
on the Road Accident Fund for 2005-2006.
(b) Government Notice No 503 published in Government Gazette No
29984 dated 14 June 2007: Amendment of Schedule No 2 (2/290) in
terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
- The Minister of Transport
(a) International Convention for the Control and Management of
Ship’s Ballast Water and Sediments – 2004 (Ballast Water Management
Convention), tabled in terms of section 231(2) of the Constitution,
1996.
(b) Explanatory Memorandum to the International Convention for the
Control and Management of Ship’s Ballast Water and Sediments – 2004
(Ballast Water Management Convention).
(c) Report of the Railway Safety Regulator for 2005-2006 [RP 7-
2007].
- The Minister for Justice and Constitutional Development
(a) Government Notice No R.451 published in Government Gazette No
29898 dated 25 May 2007: Notice under section 47A(6) in terms of
the Promotion of National Unity and Reconciliation Act, 1995 (Act
No 34 of 1995).
(b) Government Notice No R.466 published in Government Gazette No
29914 dated 1 June 2007: Regulations regarding promotion of access
to information: Amendment of Regulations, in terms of the Promotion
of Access to Information Act, 2000 (Act No 2 of 2000).
(c) Report of the Railway Safety Regulator for 2005-2006 [RP 7-
2007].
- The Minister of Minerals and Energy
(a) Accession to the Framework Agreement for the International
Collaboration on Research and Development of Generation IV Nuclear
Energy Systems, tabled in terms of section 231(2) of the
Constitution, 1996.
(b) Explanatory Memorandum to the Accession to the Framework
Agreement for the International Collaboration on Research and
Development of Generation IV Nuclear Energy Systems.
COMMITTEE REPORTS
National Assembly
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TUESDAY, 31 JULY 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces The Speaker and the Chairperson
- Draft Bills submitted in terms of Joint Rule 159
(a) Education Laws Amendment Bill, 2007, submitted by the Minister
of Education. Referred to the Portfolio Committee on Education and
the Select Committee on Education and Recreation.
(b) National Environmental Management: Integrated Coastal
Management Bill, 2007, submitted by the Minister of Environmental
Affairs and Tourism. Referred to the Portfolio Committee on
Environmental Affairs and Tourism and the Select Committee on Land
and Environmental Affairs.
(c) National Environmental Management: Waste Bill, 2007, submitted
by the Minister of Environmental Affairs and Tourism. Referred to
the Portfolio Committee on Environmental Affairs and Tourism and
the Select Committee on Land and Environmental Affairs.
(d) National Environmental Management Laws Amendment Bill, 2007,
submitted by the Minister of Environmental Affairs and Tourism.
Referred to the Portfolio Committee on Environmental Affairs and
Tourism and the Select Committee on Land and Environmental
Affairs.
e) National Environmental Management Second Amendment Bill, 2007,
submitted by the Minister of Environmental Affairs and Tourism.
Referred to the Portfolio Committee on Environmental Affairs and
Tourism and the Select Committee on Land and Environmental
Affairs.
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Finance
(a) Annual Report of the Bank Supervision Department on the South
African Reserve Bank for the year ended 31 December 2006.
(b) Annual Financial Statements of the Corporation for Public
Deposits for 2006-2007, including the Report of the Independent
Auditors on the Financial Statements for the year ended 31 March
2007.
(c) Report and Financial Statements of the Financial Services Board
on the Registrar of Friendly Societies for 2005.
- The Minister of Transport
(a) Report of the Railway Safety Regulator on the State of Railway
Safety in South Africa for 2005-2006 [RP 7-2007].
Please note: The tabling above replaces item 3(c) under “Tablings”
on page 1472 of the Announcements, Tablings and Committee Reports
of 27 July 2007.
(b) International Convention on Oil Pollution Preparedness, Response
and Co-operation, 1990 (OPRC Convention), tabled in terms of
section 231(2) of the Constitution, 1996.
(c) Explanatory Memorandum to the International Convention on Oil
Pollution Preparedness, Response and Co-operation, 1990 (OPRC
Convention).
(d) Agreement between the Government of the Republic of South Africa
and the Government of the Republic of Senegal on Cooperation with
regard to Civil Aviation Security, tabled in terms of section
231(3) of the Constitution, 1996.
(e) Explanatory Memorandum to the Agreement between the Government
of the Republic of South Africa and the Government of the Republic
of Senegal on Cooperation with regard to Civil Aviation Security.
WEDNESDAY, 1 AUGUST 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, in terms of Joint Rule 160(6),
classified the following Bill as a section 75 Bill:
a) Broadband Infraco Bill [B 26 – 2007] (National Assembly – (sec
75)).
COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Minerals and Energy on the Mineral and Petroleum Resources Development Amendment Bill [B 10 – 2007] (National Assembly – sec 75), dated 20 June 2007:
The Portfolio Committee on Minerals and Energy, having considered the subject of the Mineral and Petroleum Resources Development Amendment Bill [B 10 – 2007] (National Assembly – sec 75), referred to it, and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B10A – 2007].
THURSDAY, 2 AUGUST 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces The Speaker and the Chairperson
- Classification of Bills by Joint Tagging Mechanism
(1) The Joint Tagging Mechanism, in terms of Joint Rule 160(6),
classified the following Bill as a money Bill:
(a) Diamond Export Levy Bill [B 22 – 2007] (National Assembly –
(sec 77)).
(2) The Joint Tagging Mechanism, in terms of Joint Rule 160(6),
classified the following Bill as a section 75 Bill:
(a) Diamond Export Levy (Administration) Bill [B 23 – 2007]
(National Assembly – (sec 75)).
- Assent by President in respect of Bills
(a) Immigration Amendment Bill [B 28 – 2007] – Act No 3 of 2007
(assented to and signed by President on 28 June 2007).
(b) Appropriation Bill [B 2 – 2007] – Act No 7 of 2007 (assented to
and signed by President on 24 July 2007).
(c) Taxation Laws Second Amendment Bill [B 19 – 2007] – Act No 9 of
2007 (assented to and signed by President on 24 July 2007). TABLINGS
National Assembly and National Council of Provinces
- The Minister of Finance
(a) Government Notice No R 621 published in Government Gazette No
30072 dated 13 July 2007: Amendment of Schedule No 2 (No 2/291) to
the Customs and Excise Act, 1964, made in terms of section 56 of
the Customs and Excise Act, 1964 (Act No 91 of 1964).
(b) Government Notice No R 622 published in Government Gazette No
30072 dated 13 July 2007: Amendment of Schedule No 2 (No 2/292) to
the Customs and Excise Act, 1964, made in terms of section 56 of
the Customs and Excise Act, 1964 (Act No 91 of 1964).
(c) Government Notice No R 624 published in Government Gazette No
30075 dated 20 July 2007: Correction Notice to Notice No 518 of
Government Gazette No 29455 dated 15 December 2006, Amendment of
Schedule No 1 (No 1/1338) to the Customs and Excise Act, 1964 (Act
No 91 of 1964).
(d) Government Notice No R 625 published in Government Gazette No
30075 dated 20 July 2007: Amendment of Schedule No 1 (No 1/1/1339)
to the Customs and Excise Act, 1964, made in terms of section 48
of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(e) Government Notice No R 626 published in Government Gazette No
30075 dated 20 July 2007: Amendment of Schedule No 1 (No 1/1/1340)
to the Customs and Excise Act, 1964, made in terms of section 48
of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(f) Government Notice No R 627 published in Government Gazette No
30075 dated 20 July 2007: Amendment of Schedule No 1 (No 1/1/1341)
to the Customs and Excise Act, 1964, made in terms of section 48
of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(g) Government Notice No R 628 published in Government Gazette No
30075 dated 20 July 2007: Amendment of Schedule No 3 (No 3/614) to
the Customs and Excise Act, 1964, made in terms of section 75 of
the Customs and Excise Act, 1964 (Act No 91 of 1964).
(h) Government Notice No R 629 published in Government Gazette No
30075 dated 20 July 2007: Amendment of Schedule No 3 (No 3/615)
to the Customs and Excise Act, 1964, made in terms of section 75
of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(i) Government Notice No R 630 published in Government Gazette No
30075 dated 20 July 2007: Amendment of Schedule No 3 (No 3/616) to
the Customs and Excise Act, 1964, made in terms of section 75 of
the Customs and Excise Act, 1964 (Act No 91 of 1964).
(j) Government Notice No R 631 published in Government Gazette No
30075 dated 20 July 2007: Amendment of Schedule No 3 (No 3/617) to
the Customs and Excise Act, 1964, made in terms of section 75 of
the Customs and Excise Act, 1964 (Act No 91 of 1964).
(k) Government Notice No R 632 published in Government Gazette No
30075 dated 20 July 2007: Correction Notice to Notice No R 105 of
Government Gazette No 29596 dated 9 February 2007, Amendment of
Schedule No 5 (No 5/85) to the Customs and Excise Act, 1964 (Act
No 91 of 1964).
(l) Government Notice No R 576 published in Government Gazette No
30051 dated 13 July 2007: Cancellation of an Authorised Dealer in
Foreign Exchange in terms of the Exchange Control Regulations,
1961.
(m) Government Notice No R 577 published in Government Gazette No
30051 dated 13 July 2007: Appointment of an Authorised Dealer in
Foreign Exchange in terms of the Exchange Control Regulations,
1961.
(n) Government Notice No 647 published in Government Gazette No
30074 dated 20 July 2007: Listing and delisting of public
entities, made in terms of sections 47 and 48 of the Public
Finance Management Act, 1999 (Act No 1 of 1999).
MONDAY, 6 AUGUST 2007
ANNOUNCEMENTS
National Assembly
The Speaker
(1) Mr E W Trent withdrew the following legislative proposal on 22 June 2007:
a) Legislative Proposal to amend the Public Finance Management Act
(Mr E W Trent)
COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Finance on the Diamond Export Levy Bill [B 22– 2007] (National Assembly – sec 77), dated 20 June 2007: The Portfolio Committee on Finance, having considered the subject of the Diamond Export Levy Bill [B 22 – 2007] (National Assembly – sec 77), referred to it and classified by the Joint Tagging Mechanism as a Money Bill, reports that it has agreed to the Bill.
-
Report of the Portfolio Committee on Finance on the Diamond Export Levy (Administration) Bill [B 23– 2007] (National Assembly – sec 75), dated 31 July 2007:
The Portfolio Committee on Finance, having considered and examined the Diamond Export Levy (Administration) Bill [B 23– 2007] (National Assembly – sec 75), referred to it, and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill without amendments.
TUESDAY, 7 AUGUST 2007
ANNOUNCEMENTS
National Assembly
The Speaker
- The following papers are referred to the Portfolio Committee on Finance for consideration and report:
(a) Convention between the Government of the Republic of South
Africa and the Swiss Confederation for the Avoidance of Double
Taxation with respect to Taxes on Income, tabled in terms of
section 231(2) of the Constitution, 1996.
(b) Explanatory Memorandum to the Convention between the Government
of the Republic of South Africa and the Swiss Confederation for the
Avoidance of Double Taxation with respect to Taxes on Income.
(c) Convention between the Government of the Republic of South
Africa and the Government of the Portuguese Republic for the
Avoidance of Double Taxation with respect to Taxes on Income,
tabled in terms of section 231(2) of the Constitution, 1996.
(d) Explanatory Memorandum to the Convention between the Government
of the Republic of South Africa and the Government of the
Portuguese Republic for the Avoidance of Double Taxation with
respect to Taxes on Income.
(e) Convention between the Government of the Republic of South
Africa and the Government of the Kingdom of Saudi Arabia for the
Avoidance of Double Taxation with respect to Taxes on Income,
tabled in terms of section 231(2) of the Constitution, 1996.
(f) Explanatory Memorandum to the Convention between the Government
of the Republic of South Africa and the Government of the Kingdom
of Saudi Arabia for the Avoidance of Double Taxation with respect
to Taxes on Income.
- The following papers are referred to the Portfolio Committee on Defence and the Joint Standing Committee on Defence:
(a) A letter submitted by the President of the Republic dated 13
June 2007 to the Speaker of the National Assembly informing Members
of the Assembly of the employment of the South African National
Defence Force within the Republic of South Africa during the
National Public Strike.
(b) A letter submitted by the President of the Republic dated 13
June 2007 to the Speaker of the National Assembly informing Members
of the Assembly of the employment of the South African National
Defence Force in Uganda.
- The following papers are referred to the Portfolio Committee on Finance:
(a) Proclamation No R.12 published in Government Gazette No 29921
dated 1 June 2007: Fixing a date on which section 147(1) of the
Revenue Laws Amendment Act, 2003 (Act No 45 of 2003), shall come
into operation.
(b) Government Notice No 467 published in Government Gazette No
29913 dated 1 June 2007: Definition of “Retirement Annuity Fund” in
section 1 of the Income Tax Act, 1962 (Act No 58 of 1962).
(c) Government Notice No 472 published in Government Gazette No
29913 dated 1 June 2007: Proviso to paragraph 9(3) of the Fourth
Schedule to the Income Tax Act, 1962 (Act No 58 of 1962).
- The following papers are referred to the Portfolio Committee on Justice and Constitutional Development:
(a) Proclamation No R.7 published in Government Gazette No 29831
dated 25 April 2007: Referral of matters to existing Special
Investigating Unit and Special Tribunal, in terms of the Special
Investigating Units and Special Tribunals Act, 1996 (Act No 74 of
1996).
(b) Proclamation No R.10 published in Government Gazette No 29831
dated 25 April 2007: Extension of the period of operation of
sections 51 and 52, in terms of the Criminal Law Amendment Act,
1997 (Act No 105 of 1997).
TABLINGS
National Assembly
- The Speaker
(a) The President of the Republic submitted the following letter
dated 20 July 2007 to the Speaker of the National Assembly
informing Members of the Assembly of the employment of the South
African National Defence Force in Zambia:
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE IN LUSAKA,
ZAMBIA, FOR SERVICE IN FULFILMENT OF THE INTERNATIONAL OBLIGATIONS
OF THE REPUBLIC OF SOUTH AFRICA, FOR PARTICIPATION IN THE SOUTHERN
AFRICAN DEVELOPMENT CUMMUNITY BRIGADE LAUNCHING PARADE IN ZAMBIA
This serves to inform the National Assembly that I have authorised
the employment of the South African National Defence Force (SANDF)
personnel to Zambia, in fulfilment of the international obligations
of the Republic of South Africa, for participation in the Southern
African Development Community Brigade launching parade in Lusaka,
Zambia.
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 thirty eight (38) members will be employed as from 6
August to 18 August 2007. The total estimated cost to be borne by
the government of the Republic of South Africa for the deployment
of the personnel is R 1, 435, 998.40.
I will communicate this report to 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
TM MBEKI
WEDNESDAY, 8 AUGUST 2007
TABLINGS
National Assembly and National Council of Provinces
- The Minister for Public Enterprises
(a) Report and Financial Statements of Transnet Ltd and the Group
for 2006-2007, including the Report of the Independent Auditors on
the Financial Statements for 2006-2007.
National Assembly
- The Speaker
(a) The President of the Republic submitted the following letter
dated 27 July 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 Union of Comoros:
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE IN THE
UNION OF COMOROS, FOR A SERVICE IN FULFILMENT OF THE
INTERNATIONAL OBLIGATIONS OF THE REPUBLIC OF SOUTH AFRICA
TOWARDS THE AFRICAN UNION
This serves to inform the National Assembly that I have
authorised the employment of the South African National
Defence Force (SANDF) personnel to the Union of Comoros, in
fulfilment of the international obligations of the Republic
of South Africa towards the African Union, as part of the
African Union Electoral and Security Assistance Mission to
the Comoros. The SANDF members were employed to give support
to members of the South African Police Services who were
deployed in the Union of Comoros to ensure a secure
environment conducive to credible, free and fair elections.
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 nine (9) members were employed as from 12 June to
10 July 2007. The total estimated cost to be borne by the
government of the Republic of South Africa for the deployment
is R 90, 3680.90.
I will communicate this report to 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
COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Justice and Constitutional Development on the Extradition Treaty between the Republic of South Africa and the Argentine Republic, dated 01 August 2007:
The Portfolio Committee on Justice and Constitutional Development, having considered the request for approval by Parliament of the Extradition Treaty between the Republic of South Africa and Argentine Republic referred to it, in terms of section 231(2) of the Constitution, recommends that the House approves the said Treaty.
Request to be considered.
-
Report of the Portfolio Committee on Justice and Constitutional Development on the Treaty between the Republic of South Africa and the Argentine Republic on Mutual Legal Assistance in Criminal Matters, dated 01 August 2007:
The Portfolio Committee on Justice and Constitutional Development, having considered the request for approval by Parliament of the Treaty between the Republic of South Africa and the Argentine Republic on Mutual Legal Assistance in Criminal Matters referred to it, in terms of section 231(2) of the Constitution, recommends that the House approves the said Treaty.
Request to be considered.
TUESDAY, 14 AUGUST 2007 ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Introduction of Bill
Please note: The following item amends the entry “Introduction of Bill”
(English text), published on page 1465 of the Announcements, Tablings
and Committee Reports of 6 July 2007:
(1) The Minister for Public Enterprises
a) Broadband Infraco Bill [B 26 – 2007] (National Assembly –
proposed sec 75) [Bill published in Government Gazette No
29879 of 11 May 2007.]
Introduction and referral to the Portfolio Committee on Public
Enterprises of the National Assembly, as well as referral to the
Joint Tagging Mechanism (JTM) for classification in terms of Joint
Rule 160, on 6 July 2007.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
- Assent by President in respect of Bills
(a) Taxation Laws Amendment Bill [B 18 – 2007] – Act No 8 of 2007
(assented to and signed by President on 5 August 2007).
Please note: The following item amends item (a) under the entry “Assent
by President in respect of Bill”, published on page 1530 of the
Announcements, Tablings and Committee Reports of 2 August 2007:
(b) Immigration Amendment Bill [B 28 – 2006] – Act No 3 of 2007
(assented to and signed by President on 28 June 2007).
- Classification of Bills by Joint Tagging Mechanism
(1) The Joint Tagging Mechanism, in terms of Joint Rule 160(6),
classified the following Bill as a Constitution amendment Bill:
(a) Constitution Thirteenth Amendment Bill [B 24 – 2007]
(National Assembly – (sec 74)).
(2) The Joint Tagging Mechanism, in terms of Joint Rule 160(6),
classified the following Bill as a section 75 Bill:
(a) Cross-Boundary Municipalities Laws Repeal and Related
Matters Amendment Bill [B 25 – 2007] (National Assembly – (sec
75)).
(3) The Joint Tagging Mechanism, in terms of Joint Rule 160(6),
classified the following Bill as a section 75 Bill:
(a) Transport Agencies General Laws Amendment Bill [B 27 –
2007] (National Assembly – (sec 75)).
(4) The Joint Tagging Mechanism, in terms of Joint Rule 160(6),
classified the following Bill as a section 76 Bill:
(a) Social Housing Bill [B 29 – 2007] (National Assembly – (sec
76)).
(5) The Joint Tagging Mechanism, in terms of Joint Rule 160(6),
classified the following Bill as a section 76 Bill:
(a) Rental Housing Amendment Bill [B 30 – 2007] (National
Assembly – (sec 76)).
(6) The Joint Tagging Mechanism, in terms of Joint Rule 160(6),
classified the following Bill as a section 75 Bill:
(a) Correctional Services Amendment Bill [B 32 – 2007]
(National Assembly – (sec 75)).
- Membership of Committees
(1) The following changes have been made to the membership of Joint Committees: Budget Appointed: Swart, Mr M; Van Dyk, Dr S M
Joint Monitoring Committee on Improvement of Quality of Life and Status
of Children, Youth and Disabled Persons:
Appointed: Marais, Mr K; Swathe, Mr M
National Assembly
The Speaker
-
The Minister for Justice and Constitutional Development has written to the Speaker, withdrawing the following report tabled in Parliament on 15 March 2007 in terms of the Magistrates Act (Act No 90 of 1993):
Report on the confirmation of the provisional suspension of Magistrate K Suliman, a magistrate from Durban, in terms of section 13(4)(b) of the Magistrates Act (Act No 90 of 1993).
-
Membership of Assembly
(1) The following member vacated his seat in the National Assembly
with effect from 1 August 2006.
Lekgoro, M M S;
- Membership of Committees
(1) The following changes have been made to the membership of
PortfolioCommittees:
Agriculture and Land Affairs
Appointed: Botha, Mr A (Alt)
Arts and Culture
Appointed: Opperman, Mr S E
Discharged: Kohler-Barnard, Ms D
Correctional Services
Appointed: Sayedali-Shah, Mr M R
Discharged: Loe, Ms S J
Defence
Appointed: Sayedali-Shah, Mr M R
Discharged: Botha, Mr A
Education
Appointed: Coetzee, Mr R
Discharged: Ellis, Mr M J
Environmental Affairs and Tourism
Appointed: Morgan, Mr G R; Julies, Mr I F
Discharged: Sayedali-Shah, Mr M R; Swart, Mr M
Finance
Appointed: Gibson, Mr D H M; Marais, Mr K
Discharged: Davidson, Mr I; Van Dyk, Dr S M
Foreign Affairs
Appointed: Leon, Mr A J
Discharged: Gibson, Mr D H M
Foreign Affairs: Sub-committee on African Union
Appointed: Leon, Mr A J
Discharged: Joubert, Mr L K
Foreign Affairs: Sub-committee on International Affairs
Appointed: Leon, Mr A J; Seremane, Mr W J
Discharged: Camerer, Mrs S M; Gibson, Mr D H M; Labuschagne, Mr
L B
Health
Appointed: Waters, Mr M; Kalyan, Ms S
Discharged: Morgan, Mr G R; Coetzee, Mr R
Home Affairs
Appointed: Lowe, Mr M; Labuschagne, Mr L
Discharged: Kalyan, Mrs S V; Swart, Mr M
Justice and Constitutional Development
Appointed: Delport, Dr J T
Discharged: Camerer, Mrs S M
Labour
Appointed: Dreyer, Ms A M
Discharged: Lowe, Mr M
Minerals and Energy
Appointed: Dreyer, Ms A M
Discharged: Morgan, Mr G R
Provincial and Local Government
Appointed: Swart, Mr M
Discharged: Swathe, Mr M
Public Enterprises
Appointed: Lowe, Mr M
Discharged: Stephens, Mr M; Minnie, Mr K
Science and Technology
Appointed: Farrow, Mr S
Discharged: Dreyer, Ms A M
Social Development
Appointed: Semple, Ms J
Discharged: Waters, Mr M
Water Affairs and Forestry
Appointed: Swathe, Mr M
Discharged: Semple, Ms J
(2) The following changes have been made to the membership of Standing Committees:
Standing Committee on Public Accounts
Appointed: Stephens, Mr M
Discharged: Dreyer, Ms A M
(3) The following changes have been made to the membership of Ad Hoc Committees: Review of Chapter 9 and Associated Institutions Appointed: Camerer, Mrs S M Discharged: Delport, Dr J T
-
Referral to Committees of papers tabled
(1) The following papers are referred to the Portfolio Committee on Finance for consideration and report. The Report of the Independent Auditors on the Financial Statements is referred to the Standing Committee on Public Accounts for consideration:
(a) Annual Report of the Bank Supervision Department on the South African Reserve Bank for the year ended 31 December 2006.
(b) Annual Financial Statements of the Corporation for Public Deposits for 2006-2007, including the Report of the Independent Auditors on the Financial Statements for the year ended 31 March 2007.
(c) Report and Financial Statements of the Financial Services Board on the Registrar of Friendly Societies for 2005.
(2) The following paper is referred to the Portfolio Committee on Transport for consideration:
(a) Report of the Railway Safety Regulator on the State of Railway Safety in South Africa for 2005-2006 [RP 7-2007]. (3) The following papers are referred to the Portfolio Committee on Transport for consideration and report:
(a) International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (OPRC Convention), tabled in terms of section 231(2) of the Constitution, 1996.
(b) Explanatory Memorandum to the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (OPRC Convention).
(4) The following papers are referred to the Portfolio Committee on Transport:
(a) Agreement between the Government of the Republic of South Africa and the Government of the Republic of Senegal on Co- operation with regard to Civil Aviation Security, tabled in terms of section 231(3) of the Constitution, 1996.
(b) Explanatory Memorandum to the Agreement between the Government of the Republic of South Africa and the Government of the Republic of Senegal on Co-operation with regard to Civil Aviation Security.
(5) The following papers are referred to the Portfolio Committee on Finance:
(a) Government Notice No R 621 published in Government Gazette No 30072 dated 13 July 2007: Amendment of Schedule No 2 (No 2/291) to the Customs and Excise Act, 1964, made in terms of section 56 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(b) Government Notice No R 622 published in Government Gazette No 30072 dated 13 July 2007: Amendment of Schedule No 2 (No 2/292) to the Customs and Excise Act, 1964, made in terms of section 56 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(c) Government Notice No R 624 published in Government Gazette No 30075 dated 20 July 2007: Correction Notice to Notice No 518 of Government Gazette No 29455 dated 15 December 2006, Amendment of Schedule No 1 (No 1/1338) to the Customs and Excise Act, 1964 (Act No 91 of 1964).
(d) Government Notice No R 625 published in Government Gazette No 30075 dated 20 July 2007: Amendment of Schedule No 1 (No 1/1/1339) to the Customs and Excise Act, 1964, made in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(e) Government Notice No R 626 published in Government Gazette No 30075 dated 20 July 2007: Amendment of Schedule No 1 (No 1/1/1340) to the Customs and Excise Act, 1964, made in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(f) Government Notice No R 627 published in Government Gazette No 30075 dated 20 July 2007: Amendment of Schedule No 1 (No 1/1/1341) to the Customs and Excise Act, 1964, made in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(g) Government Notice No R 628 published in Government Gazette No 30075 dated 20 July 2007: Amendment of Schedule No 3 (No 3/614) to the Customs and Excise Act, 1964, made in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(h) Government Notice No R 629 published in Government Gazette No 30075 dated 20 July 2007: Amendment of Schedule No 3 (No 3/615) to the Customs and Excise Act, 1964, made in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(i) Government Notice No R 630 published in Government Gazette No 30075 dated 20 July 2007: Amendment of Schedule No 3 (No 3/616) to the Customs and Excise Act, 1964, made in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(j) Government Notice No R 631 published in Government Gazette No 30075 dated 20 July 2007: Amendment of Schedule No 3 (No 3/617) to the Customs and Excise Act, 1964, made in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(k) Government Notice No R 632 published in Government Gazette No 30075 dated 20 July 2007: Correction Notice to Notice No R 105 of Government Gazette No 29596 dated 9 February 2007, Amendment of Schedule No 5 (No 5/85) to the Customs and Excise Act, 1964 (Act No 91 of 1964).
(l) Government Notice No R 576 published in Government Gazette No 30051 dated 13 July 2007: Cancellation of an Authorised Dealer in Foreign Exchange in terms of the Exchange Control Regulations, 1961.
(m) Government Notice No R 577 published in Government Gazette No 30051 dated 13 July 2007: Appointment of an Authorised Dealer in Foreign Exchange in terms of the Exchange Control Regulations, 1961. n) Government Notice No 647 published in Government Gazette No 30074 dated 20 July 2007: Listing and delisting of public entities, made in terms of sections 47 and 48 of the Public Finance Management Act, 1999 (Act No 1 of 1999).
TABLINGS
National Assembly
- The Speaker
Report of the Public Service Commission (PSC) on Financial Misconduct for 2005-2006 Financial Year [RP 13-2007].
WEDNESDAY, 15 AUGUST 2007
ANNOUNCEMENTS National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Draft Bill submitted in terms of Joint Rule 159
(a) Safety at Sports and Recreational Events Bill, 2007, submitted by the Minister of Sport and Recreation. Referred to the Portfolio Committee on Sport and Recreation and the Select Committee on Education and Recreation. COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Health on the Health Professions Amendment Bill [B10D - 2006] (National Assembly – sec 76), dated 14 August 2007:
The Portfolio Committee on Health having, considered the Health Professions Amendment Bill [B10D – 2006] (National Assembly – sec 76), amended by the National Council of Provinces and referred to the Committee, reports that it has agreed to the Bill.
-
Report of the Portfolio Committee on Finance on the Convention between the Republic of South Africa and the Portuguese Republic for the avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, dated 20 June 2007:
The Portfolio Committee on Finance, having considered the request for approval by Parliament of the Convention between the Republic of South Africa and the Portuguese Republic for the avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, recommends that the House, in terms of section 231 (2) of the Constitution, approve the said Convention.
Request to be considered.
-
Report of the Portfolio Committee on Finance on the Convention between the Government of the Republic of South Africa and the Government of the Kingdom of Saudi Arabia for the avoidance of Double Taxation and the prevention of tax evasion with respect to Taxes on Income, dated 20 June 2007:
The Portfolio Committee on Finance, having considered the request for approval by Parliament of the Convention between the Government of the Republic of South Africa and the Government of the Kingdom of Saudi Arabia for the avoidance of Double Taxation and the prevention of tax evasion with respect to Taxes on Income, recommends that the House, in terms of section 231 (2) of the Constitution, approve the said Convention.
Request to be considered.
-
Report of the Portfolio Committee on Finance on the Convention between the Republic of South Africa and the Swiss Confederation for the avoidance of Double Taxation with respect to Taxes on Income, dated 20 June 2007:
The Portfolio Committee on Finance, having considered the request for approval by Parliament of the Convention between the Republic of South Africa and the Swiss Confederation for the avoidance of Double Taxation with respect to Taxes on Income, recommends that the House, in terms of section 231 (2) of the Constitution, approve the said Convention.
Request to be considered.
-
PORTFOLIO COMMITTEE ON WATER AFFAIRS AND FORESTRY – OVERSIGHT VISIT TO GAUTENG PROVINCE – 06 MAY – 11 MAY 2007
- Introduction
Attention to water, sanitation and forestry policies in South Africa has turned to implementation. The new policies and associated legislation are not only about ensuring adequate quality and quantity of water for human need; they are also about protecting the resources available for current and future use. Due to the extent and multiplicity of the management functions associated with water quality management, it is no longer considered to be the sole obligation of a single authority, but is now increasingly the responsibility of all levels of the community, including industry, local government as well as individual water users.
The Committee, as mandated by the Constitution and Rules of Parliament, undertook oversight visit to the Gauteng Province from the 06-11 May 2007. This was to gauge the manner in which the responsibility of water, sanitation and forestry issues are being addressed by different levels of the community, including industry, local government, as well as individual water users. The Portfolio Committee having undertaken an oversight visit to Gauteng Province from 06 May – 11 May 2007 reports as follows:
1.1. Background
The Gauteng Regional Office is responsible for Water Resource Management in the Upper Vaal Water Management Area (WMA 8) and the upper part of the Crocodile West / Marico Water Management Area (WMA 3) and all services regulatory functions in Gauteng Province. Although the smallest province in the RSA, Gauteng Province contributes more to the Gross Domestic Product (GDP) than any of the other provinces. Water supply to this economic heartland in a sustainable manner, is thus of critical importance.
1.2 Objectives
• Monitor and evaluate the municipalities falling within Project Consolidate. Inspect challenges identified and solutions that are currently implemented to ensure the implementation of water, sanitation and forestry policies; and progress made achieving the targets set to eradicate the bucket system. • Examine how Catchment Management Agencies (CMAs), tasked with the management of water resources in the Water Management Areas, are working towards the sustainability of the resource base and water delivery mechanisms. • Investigate how CMAs are informed by local-level representation. • Investigate the interlinking communication channels established between the Department of Water Affairs and Forestry (DWAF), Catchment Management Agencies, Water User Associations, Water Services Authorities, Water Service Providers and Municipalities. • Focus on the human and financial resources set aside by DWAF and Municipalities for water quality protection, monitoring and evaluation, enforcement and oversight. • Obtain detailed information and first hand insight on the Working for Water Programmes and Working for Fire programmes. • Job creation initiatives in the water and forestry sectors in Gauteng • State of water quality of rivers, mining sector and recent spillage at the OR Tambo Airport with reference to steps taken by Airports Company of South Africa.
- DELEGATION
Ms C September, (ANC) – Chairperson, Ms M Maine, (ANC), Mr K Moonsamy, (ANC), Ms P Bhengu, (ANC), Mr J Arendse, (ANC), Ms A Lishivha, (ANC), Ms M Manana, (ANC), Ms J Semple, (DA), Mr H Cupido, (ACDP), Mr M Sibuyana, (IFP), Mr P Ditshetelo, (UCDP)
-
OVERVIEW OF GAUTENG PROVINCE
• Gauteng demographics: o Gauteng = 17 010 km2 (1,4 % of land area in SA) o Gauteng Population = 10 774 690 o Water consumption = 3 500 Ml / day o Electricity consumption= 60 000 Giga-watt-hours o 5 yr population growth rate of 20 % o Housing 3 Metro’s, 3 District Municipalities, 8 Local Municipalities o Seven Dams supply water to Gauteng. Successes in Gauteng are: • The leaks in the system are eliminated. Currently R2 million is saved per month in Emfuleni. • Within Gauteng, Project Consolidate is implemented as a joint initiative between the Department of Provincial and Local Government, Department of Local Government, South African Institute of Civil Engineers and the relevant municipalities. As at January 2007 the following staff had been placed in the Project consolidate municipalities: o 27 Senior Engineers o 16 Graduates, and o 34 Students • Ventilated Improved Pit latrines built can be converted to Water borne sewerage systems • Operation and Maintenance within municipalities is improving under the guidance of the South African Institute of Civil Engineers’ Engineers • Key revenue issues have been investigated and additional revenue secured in many instances. • Buckets o 12 332 Buckets identified o 11 054 completed o 278 left to be completed o Total cost R75 million – Municipal Infrastructure Grant R3.1 million o Completion date End 2007
Water and sanitation supply |MUNICIPALITY |POPULATION |% With |% With | | | |Adequate |adequate | | | |Water |Sanitation| |City of Johannesburg|3,790,324 |87% |77% | |City of Tshwane |2,242,247 |91% |85% | |Ekurhuleni Metro |2,712,456 |89% |86% | |Emfuleni LM |560,078 |100% |91% | |Kungwini LM |292,406 |84% |73% | |Lesedi LM |271,698 |96% |96% | |Midvaal LM |226,737 |99% |99% | |Mogale City LM |291,995 |91% |81% | |Nokeng tsa Taemane |69,627 |21% |15% | |LM | | | | |Randfontein LM |143,967 |96% |88% | |Westonaria LM |167,373 |99.9% |99.9% | |West Rand DMA |5,782 |100% |100% | |GAUTENG TOTAL |10,774,690 |90% |83% |
• Challenges that were highlighted in the presentation were:
o Job creation under the Municipal Infrastructure Grant and capital
projects has not been well addressed.
o In Kungwini, many rural people who do not have access to Water.
o In Westonaria- farming is affected due to access to water.
o Shack fires.
o Operation and Maintenance costs.
o The continuous growth and migration of people to Gauteng poses
challenges to water backlogs, sanitation backlogs, water
reticulation, and management of water quality, operations and
maintenance.
o The prevalence of sink-holes in Gauteng province.
o Integrated Development Plan alignment
o Integrated planning with other departments
o Project management unit structure and placement
o Lack of specifications
o Procurement Delays
o Counter funding
o National and Municipal Financial years
o Council approval
o Statistical Information and Government Information Services
- WATER QUALITY MANAGEMENT
The Committee undertook a visit to the Chamber of Mines and the Airports Company of South Africa to see progress made to improve the Water quality in the said industries.
4.1 Chamber of Mines
One of the Committee’s objective was to see the impact on water quality as experienced in the mining sector. The National Water Resource policy tabled by the Department highlighted that the mining industry as one of the largest polluters of water resources. In line with the Objectives, the committee undertook to see what the mining industry is doing about the purification of water pollution as a result of mining. The Chamber of Mines’ role between the mines is that of a strategic co-ordinator. The Committee visited the Chamber of Mines’ Western Basin Water treatment facility. There are four hydrological basins in Gauteng: o East Rand, o Central, o Western o Western Rand.
The inter-connectedness of the basins is an area of dispute since pollutants in one basin affect other basins. Due to the cross flow of water amongst the basins, all mines undertook to discharge water in a more environmentally friendly manner.
4.1.1 Chamber of Mines: Site visit -Western Basin Water treatment facility.
• A pre-treatment plant was set up at the source of the Western Basin
Decant. A seepage tank was constructed so as to treat the water as
close to the source. The pH level of the water when it comes from the
ground is 2.
• The water is further neutralised and oxygenated before it is used by
the mine or discharged of in the adjoining Nature Reserve.
• A marked improvement has been noticed in the Nature Reserve, re-growth
of flora and the return of fauna is occurring.
• Harmony has a rehabilitation liability of R 645 550 000 for the 2006
financial year.
4.1.2 Analysis
• The impact of the mining sector taking responsibility and neutralising
the water discharges is improving the quality of the water.
• Due to the four water tables being interconnected, a marked
improvement will also be passed on to other areas.
• Chamber of Mines plans to roll-out water purification plants at other
mines, which will have positive spill-over effects for the affected
communities.
4.1.3 Challenges
• Implementation of Chapter 14 of the National Water Act, since remedial
steps are only taken once a significant amount of pollution damage is
incurred. It is difficult attach a monetary value to the environmental
damage caused by pollution.
4.2. Airports Company of South Africa
Currently Airports Company of South Africa and Department of Water Affairs and Forestry are working together to rehabilitate the Blaauwpan surrounding area. The aim of visiting ACSA was to see the progress made in cleaning up the spillage from its pump station at OR Tambo Airport to the Blaauwpan Dam, and to see adherence to the relevant legislation and frameworks guaranteeing water quality.
The three spillages that took place at OR Tambo Airport, the first incident was a mistake, a contractor hit a pipe while excavating. The second instance, a valve was installed. The third instance, the gasket broke. The airport has 46 million litres fuel storage space. Approximately 40 million litres of fuel is pumped per week; therefore the impact of any accidents is significant. When the gasket broke, the system registered a loss in pressure, and it automatically increased the pressure, which meant that the leak increased. The pressure in the system is 9-12 barrs. The actual size of the gap through which the fuel leaked was 1.5 mm. Steps were taken immediately to stop the leak and contain as much fuel as possible before it spilt into the Blaauwpan dam nearby. To contain the Hydrocarbon pollution from contaminating the dam and jeopardising the water quality of the nearby residential area surrounding Blaauwpan Dam the following steps were taken: • The Blaauwpan dam was cleaned up until it was at an acceptable level and left so that the necessary natural processes could clean the area further. There is a wetland on the OR Tambo airport, which is a natural water purifying ecosystem. • Monitoring systems and contingency plans were put in place • The faulty gasket was sent to the Department of Environmental Affairs and Tourism (DEAT) for investigation • 1, 2 million litres of fuel was spilled. • 1142259 litres of jet fuel was recovered. • Rehabilitation of approx 4000 tonnes of soil at the Rietfontein Centre • Animals affected by the spill have been cleaned at the ‘free-me’ rehabilitation centre and re-introduced into their environment. • A wetland was established at Brakpan Dam in Ekurhuleni, which purifies the water naturally • No contamination of ground water took place, since fuel floats on water. • Airports Company South Africa has taken steps to implement an internal monitoring unit that measures the air- and water quality of the area surrounding the airport. • The broken Gasket was sent to the Department of Environmental Affairs and Tourism’s green scorpions and the South African Police Services for further investigation.
4.2.1 Site visit: OR Tambo Airport • The Committee visited where the naturally occurring wetland is on the O. R Tambo airport property, the natural stream that runs to Blaauwpan Dam and the remnants of the constructed retention pond that was put in place to contain the spillage and pump the petrol out of the wetland. • The Committee was assured that Airports Company South Africa is compliant with all legislation.
4.2.2 Analysis
• The impact of any malfunction/ accident is significant. An internal
monitoring system has been put in place, and the reaction time is
reduced significantly.
• Rehabilitation and the introduction of wetlands assist in the
purification of water naturally.
• Responsibility taken by Airports Company South Africa for the
quality of water and air has significant long term effects on the
environment and the quality of water.
• The implementation of legislation needs to occur.
- WATER BOARDS
Water Boards are strategic institutions in terms of service delivery. It is important that a high level of accountability is maintained in them. To ensure this, business plans, strategic plans, annual reports and financial statements are submitted to the Minister. In the Water sector value chain, Water Boards treat raw water; in some instances they also reticulate the water, thus providing water to end users.
The aim of visiting the Water Boards was to see the interlinking communication channels established between the Department, Catchment Management Agencies, Water User Associations, Water Services Authorities and Municipalities.
5.1 Rand Water –Vaal Barrage
Rand water supplies the following areas: • City of Johannesburg Metro • City of Tswane • Dr JS Moroka District Municipality • Ekhuruleni Metro • Emfuleni • Greater Groblersdal • Greater Marble Hall • Highveld East • Kungwini • Lesedi • Mdala Nature Reserve • Merafong City • Metsimaholo • Midvaal • Mogale City • Nokeng tsa Taemene • Randfontein • West Rand • Westonaria
Rand Water is also responsible for management of the Vaal Barrage. A barrage is an artificial obstruction, such as a dam in a river designed to increase its depth or divert the river’s flow. The four rivers flowing into the Vaal Barrage are Suikerbosrant, Klip River, Taaibos & Leeu. 87% of the Klip River flow is effluent discharges. Grunpunt prison and Emfuleni Municipality also pollute the river. Due to the exceptionally high nutrient load in the Barrage Reservoir, excessive algae blooms are evident for most of the year. This results in several water supply problems to Rand Water. The cost of cleaning this water will increase Rand Water’s costs by (40%, and will require different methods of cleaning.
Long term trends: o A change from mining (salinity) to sewage (bacteriological) pollution problems o Mines are closing down which results in an uncontrolled rising of underground levels o Malfunctioning sewage works at Local authorities o Impact on downstream users – cost to treat, usability, relationships, corporate image
5.1.1 Settlements on Rand Water’s Pipe lines
Rand water also expressed a concern about habitation occurring on top of their pipelines.
5.1.2 Site visit: Rand Water Zuikerbosch Water Treatment Works
The Committee was shown the water treatment plant of Rand Water and its functioning. The security at the plant and in the engine room is strictly adhered to. Observations:
1. Rand Water has several feeds of electricity from different
areas. There is an agreement in place with Eskom for the supply
of electricity. But if a power outage occurs in one area, then
the plant will still operate since it gets electricity from
other areas.
2. Rand Water conducts security checks on new staff recruited,
these checks that are in line with National Intelligence Agency
security standards
3. If lime used in the purification process is depleted, the
alternative chemical that can be used is Poly electrolyte.
5.2 Magalies Water Board
Magalies Water’s area of supply is: • Bulk Water and Sanitation • Retail Water Supply • Laboratory Services
The Operational areas are divided into: • The Westonaria • The Vaal Kop water supply system • The Bospoort water supply • The Rustenburg sewage treatment plant • The Boitekong sewage treatment system
5.2.1 Magalies Water Site visits: Bronkhorstspruit Water treatment plant The plant is receiving assistance from Rand Water, but the state of plant is in disrepair. There were leaks all over the plant.
The process of purifying the water works differently from Rand Water. Floculent is added to raw water, the scum floats to the top of the water, where it gets scooped off. The clean water is channelled out from the bottom of the tank. ‘Operations and maintenance’ of the plant were severely challenged: o Thick layers of sludge were on top of the water. o The sludge scoopers were broken, on more than one tank. o The water that was channelled was not purified or cleaned adequately. o The system further down could not cope with the scum that was left behind in the water. o The Water in the storage tank was not clean and the tank was not full. This meant that if any shortages of the supply of water occurred, there would be little reserve in place to sustain the communities served by this water treatment plant. o The water that was pumped to the areas was not clean. o Only three of the five pumps were in operation. The three pumps that were pumping water were leaking. o The Plant manager explained that if one of the pumps could burst/ break then it would mean that the Tembisile area/ community would be without water. o Plant safety has deteriorated, improper electrical wiring is exposed, and there are pools of water all over the plant, which is a safety hazard for the personnel.
5.2.1.1 Problems highlighted on the site visit:
• Municipal Infrastructure Grant calculations does not seem to
incorporate costs of maintaining the plant, since monies
required to fix the plant is more than what is allocated; R7
million is allocated, R33 million is required. R12 million is
required to fix the pipes, alone. Securing funding for operation
and maintenance is challenging.
• Problems experienced with maintenance of the plant’s
infrastructure, the staff are not skilled adequately to perform
this function.
• Problems were identified and reported to DWAF timeously. Rand
Water is also assisting the plant for twelve months, but
problems experienced are persistent.
• If funding could be made available, it might take eight to nine
months to get plant fully operational.
• Retention of skilled staff is difficult, this is further
complicated by the fact that the plant is far out and the
working conditions are difficult.
• The Committee asked if the budgets given in the past were fully
utilised, since the provincial and local authorities ask for
more money but are unable to spend effectively.
• At the Committee’s public hearings, Rand Water indicated that
they were responsible for the supply of Water in the Westonarea.
• Infrastructure- Operations and Maintenance has been neglected
for a long time.
• An audit report was given to the Committee detailing the
problems experienced with the plant and the status of the
specific items highlighted in the Bronkhorstspruit water
treatment plant.
5.3 Findings and Analysis
• There is a vast difference in the plant and machinery between
Rand Water and Magalies Water.
• Magalies indicated that Rand Water is assisting them for a
period of 12 months, however, Rand Water indicated that they are
supplying water to Westonaria.
• Small repairable leaks are not attended to at Magalies Water.
• Magalies has submitted proposals to the Department of Water
Affairs and Forestry for repairs.
• If a pump breaks at Magalies plant, a whole community will be
without water, whereas Rand Water’s plant has excess capacity to
accommodate maintenance and repairs.
• The Communication channels between the Department and the Water
Boards are established, with both Rand Water and Magalies Water
communicating the problems experienced with the Vaal Barrage and
the Bronkhorstspruit Water treatment plant, but nothing has been
done yet to resolve the problems experienced.
- MUNICIPALTIES FALLING WITHIN PROJECT CONSOLIDATE
6.1 Metsweding District Municipality
Metsweding covers 4070.81 square kilometres. The area is 22.45% of Gauteng Province. Estimated population is 170 000. It is situated on the North- Eastern side of Gauteng Province, bordering the Limpopo Province and Mpumalanga Province. It is also bordered by the Major Urban Centres of Tshwane and Ekurhuleni. The economy is influenced by Tshwane. There are four Small Economic Centres: Bronkhorstspruit, Cullinan Rayton and Ekangala.. The area is predominantly rural. The area is characterised by high levels of poverty and unemployment, pressure is received from Tshwane for residential development. Metsweding consists of two local municipalities, i.e. Kungwini and Nokeng tsa Taemane. The total number of wards is twenty: o Kungwini local municipality has fourteen wards o Nokeng TsaTaemane local municipality has six wards • Both Local Municipalities are Water Service Authorities. • Rand Water is a bulk water supplier for Kungwini west • Magalies Water is the bulk supplier for the entire Nokeng tsa Taemane.
Challenges highlighted are: • Ageing infrastructure • Insufficient budget available • Non-observation of protocols in the disbursements of the Municipal Infrastructure Grants. The presentation on Metsweding highlighted the following: • It is the poorest and smallest district in the Gauteng Province • It does not have good reserve base in place • Challenges/ backlogs highlighted: o At the Silver Lakes Waste Water Treatment Works, rising main and pump stations will cost R120 million. o At the Bronkhorstspruit/ Zithobeni Waste Water Treatment Works, rising main and pump stations will cost R 53 million o At the Ekangala, Ekandustria and Rethabiseng upgrade Waste Water Treatment Works, rising main and pump stations will cost R 48 million o At the Doornkloof Upgrade Waste Water Treatment Works, rising main and pump stations will cost R40 million o The provision of water supply in rural areas will cost R 30 million. Other issues highlighted by the presentation included: • Water backlogs in and the budget required for the upgrading, building operation and maintenance of several water infrastructures. • The Municipal Infrastructure Grant is inadequate.
6.2 Site visit: Plot 175 Visit- Kameeldrift.
A brief background was given of Plot 175: Eviction notices were served on community by private owners. The Municipality bought plot 175 and adjoining plot, 174 from the private owners, and formalised the houses occupied by the community. Currently, the roll-out of sanitation and water services is happening in the area. Thus far, six communal taps ensures access to water, forty chemical toilets temporarily ensures that the 800 households have access to sanitation, while the provision of housing is rolled out.
Challenges the Local Authorities raised are: • Fully fledged water treatment works for sewerage are fifteen kilometres away. An alternative to this is a package plant, which is five kilometres away. • Migration of people to the area, since plans to improve the area and provision housing has been revealed. • An application was made to the Department of Water Affairs and Forestry for drought relief, but no feedback was received. • No information is available about the area and thus an audit is proposed in order to establish the assets of the municipality. • National and Provincial tiers of government do not give inputs into Integrated Development Plans (IDPs) of Municipalities. In smaller municipalities, it creates difficulties since there is no clear mandate for service delivery on national government targets set.
6.3 Visit to Johannesburg Metro Area
6.3.1 Presentation by Johannesburg Water – Operation Gcin’Amanzi
The Johannesburg Water, Water Demand Management develop targeted strategies to promote more efficient usage of water. It also aims to reduce non-revenue water by minimizing physical and commercial losses and replaces deemed consumption with metered consumption (Operation Gcin’amanzi).
Johannesburg Water purchases 460 000 mega litres (ML) of water per annum from Rand Water. An average of 1236 ML are purchased daily and 30% of deemed consumption bulk water is purchased to supply Soweto. 90% of Soweto’s volume consumed is not billed. Deemed consumption is billed at 20KL per month per household, which is the flat rate. Seven million kilolitres is lost monthly that amounts to a monetary value of R20.2 million per month hence, selection of Soweto was a priority for the project.
The objectives of the project are to:
• Reduce unaccounted for water through the installation of prepaid
meters.
• Rehabilitate the water network infrastructure in Soweto
• Change customers from deemed consumption to metered consumption
• Create awareness on water conservation
6.4 Presentation on Project Thonifho
“Thonifho” is derived from Tshivenda which means respect / dignity. The purpose of the project is to restore dignity to informal settlements communities through the provision of basic services within the City of Johannesburg. The project’s scope entails the provision of basic water and sanitation services through the installation of water, communal standpipes and sanitation, Ventilated Improved Pit latrines. The current backlog (growing at 4%) is water backlog, for 112,000 households and sanitation backlog for 206,000 households.
The objectives of the project are to eradicate water and sanitation backlog, improve quality of life and restore people’s dignity, protect the environment from pollution, and create health and hygiene awareness.
The Johannesburg Water intervention with regard to sanitation was to provide ventilated improved pit latrines (VIPs) and other types of dry sanitation. The advantages of these VIPs are that they use no chemicals and are owned by individual households. They provide privacy, can easily be assembled and the system does not use water.
Johannesburg Water also provides communal standpipes. The advantages of these standpipes are that they have a water reticulation system, which provides adequate quality drinking water to communities, has multiple draw- off standpipes with six taps, can be placed within 200m of each other, and has reasonable maintenance costs and bulk meters to measure consumption. The project made the following progress: • Serviced (VIPs and Communal Standpipes) - 2002/2003 to 2005/2006 – 15,500 - 2006/2007 to date – 7,900 • Provided Sector Education Training Authority accredited training - 30 health facilitators - 9,500 households educated on health and hygiene • 630 jobs created in 2006/2007
6.4.1 Findings and analysis
• A sense of Ownership engenders the community to maintain the
sanitation technology installed.
• Sector Education Training Authority accredited training improves
the employability of trained facilitators
• Migration of people to the area means that despite
implementation by the municipality, the backlogs of sanitation
is growing at 4%
6.5 Westonaria Local Municipality-Bucket Eradication Progress
Westonaria is a local municipality falling within the West Rand District Municipality. The population in Westonaria is 167 373. There is a total of 57 communities, of which 17 stay in an urban area. The economy in the area depends primarily on mining, manufacturing and agribusiness. Unemployment and illiteracy is high in this area. All bulk water is received from Rand Water.
Most of the land is dolomatic, and thus unstable, therefore the housing that is provided to the poor is spaced out. The Local Government authorities have tried to relocate the people, but the community does not want to move. An overview was also given of the spin-offs of VIPs, namely job creation and owner maintenance. Thus far, 2400 toilets have been built at a cost of R4500 per toilet.
6.5.1 Site Visit: Bekkersdal-Bucket Eradication Progress • The area visited was consisted of informal housing in a formal housing environment. It was clear that the Councillors were experiencing reluctance from the community to move. • Thirty families in the informal area still have buckets. • The families will be relocated as soon as houses are built for them, despite the reluctance to move. • Access to water has been provided by a communal tap in place. • A single toilet serves for two to three families.
6.5.2 Findings and Analysis • Community is reluctant to move, despite offers by the Municipality to relocate them. Demands have been made that people be accommodated where they are currently staying • The Buckets will be eradicated before the end of December 2007 • Emptying the Ventilated Improved Pits has created jobs and a central place in the community has been identified where the community can communicate the readiness of the pit for emptying. • The Dolomitic condition of the land poses a challenge for water and sanitation infrastructure implementation and housing.
6.6 Visit to Sebokeng sewage treatment plant
6.6.1 Presentation by Emfuleni Local Municipality
Emfuleni Local Municipality is the Water Services Authority (WSA) with Metsi-a-Lekoa the Water Services Provider (WSP). The Water Act requires a WSA to prepare a Water Services Development Plan (WSDP) each year.
Emfuleni Local Municipality comprises Sebokeng, Sharpeville, Evaton, Bophelong, Boipatong, Vereeniging, Vanderbilj Park and Rural Areas. The Municipality has a population of one million people. The Municipality is servicing 213731 stands with a water budget of R400 million, and a capital budget of R28 million. Emfuleni Local Municipality provides water and sanitation through ring-fenced internal mechanism, known as ‘Metsi-a- Lekoa’
Statistics for the operation of water and sanitation is as follows:
• 135 191 serviced formal stands.
• 77 540 informal stands.
• 2 215km water pipelines (Internal).
• 479 km bulk water pipelines.
• 2084km sewer pipeline (Internal).
• 454km bulk sanitation pipelines.
• 9 reservoirs + 5 pressure towers.
• 126 376 metered connections.
• Daily distribution of approximately 200 000 litres of water to
approximately1,3 million residents.
• 3 waste water treatment plants.
• 48 sewer pump stations.
• 1 water purification plant (20 mega litres).
• staff = 400.
• bulk water purchase = R180 million.
The Municipality provides 93% of water to full service, whilst 7% are provided for basic usage (stand pipes). Sanitation is divided into 91% full service and 9% on Ventilated Improved Pits (VIP’s) and buckets (backyard shacks in Evaton, Sebokeng, and small farms).
The figures below reflect the position of the Municipality’s position up until 2004, in relation to service provision:
• Unaccounted water = 26%.
• None billed water = 25 million kl per annum. Maintenance backlog
of R110 million.
• Free basic water supply of 6kl/hh.
• Legal non-compliance.
• Poor effluent quality control.
• Operational budget deficit of R40 million.
• Spillages cause bad publicity.
• Rand Water debt of R20 million.
• Inability to service monthly bulk water account.
• Payment levels of 48%.
In response to the above, the municipality established turnaround interventions that comprised a new vision and mission, applied by National Treasury for restructuring Grant Conditions. This entailed the appointment of the Department of Water Affairs and Forestry as a Government Monitoring Agent. The Municipality agreed on a five year Business Plan that involves organisational restructuring, Project Consolidate and the collaboration of South African Local Government Association peer review committee.
Analysis
• A regional sewer scheme proposal was accepted and DWAF provided a
preliminary amount of R9.5 million, Gauteng Province R50 million,
and National Treasury R20 million. Negotiations with Rand Water
with regard to the debt of R20 million are in progress.
• The progress will cost over R600 million, upon completion in late
2010.
Over and above, the major socio-economic benefits, the project will bring to this rapidly developing section of Gauteng, the cash injection, which will promote numerous job opportunities.
The first phase of the plan is to close over 48 of the existing and generally old pump stations that present an ongoing potential for operational problems and sewer spillages. This will be achieved by the installation of over 100 kilometres of new gravity sewer lines to bring the sewage to a location on the north bank of the Vaal. The second component is to construct a new single regional treatment works at this location.
The works will eventually serve the areas of Walkerville, Meyerton, Vereeniging and Vanderbijlpark to create a major drainage basin to the south of Johannesburg and Meyerton. This new facility will enable the three older municipal plants at Meyerton, Leeuwkuil and Rietspruit to be closed as well as numerous other small privately run plants. By operating a single large works and utilising the latest available technology, high quality of water discharged to the Vaal will benefit not only the residents of Emfuleni, but also downstream users such as Parys.
Rand Water has agreed to join the team (which also includes the Department of Local Government) and to act as the Project Manager. The first consultant would have been appointed by the end of April 2007, to undertake detailed environmental studies and engineering feasibilities.
Some of the challenges faced by the municipality were: • Funding for the Bulk Regional Sanitation Scheme. • Implementation of approved Council Tariff for Water and Sanitation (Tariff Equalisation). • Eradication of buckets and VIP toilets by June 2007. • Non payment by consumers. • Conclusion of agreement with Johannesburg Water. • Signing of bulk water supply agreement with Rand Water. • Mittal Steel long- term charge for water to be in line with industry tariff. • Continuous supply of water in Palm Springs – Low pressure from Johannesburg feed as a result of developments in Orange Farm – possible long term solution by installing new pipeline from Rand Water supply point. • Water quality in Vaaloever. • WCW’s non compliance to license requirements – still at 70% to 75% compliance for Leeukuil and Rietspruit • By-laws for enforcement on Industrial Effluent Discharges.
6.6.2 Findings and analysis • There has been vast improvements in water savings and water management since 2004 • Clearly established communication channels between the Department and the Municipality have been developed. • The Department’s assistance in providing technical skills to the municipality. • Enforcement legislated at a Local Government level on Industrial Effluent Discharges specifically addresses industrial effluent discharges at local level. This type of legislative enforcement addresses local level defaulters. The effluent discharge adversely affects the local communities, thus addressing the defaulters at a local level, addresses the problem locally.
6.6.3 Visit to Water Demand Management Chamber – (Evaton pressure control area)
High pressure is the principle cause of high leakage in most water distribution systems. If the pressure can be lowered during off-peak periods, the level of leakage will be reduced. Pressure management is often the most cost effective method of leakage reduction especially in areas with high internal household leakage. The Sebokeng / Evaton pressure management project has led to major savings in water by reducing water pressure received in the area during periods of low demand.
• A second phase of the project was implemented in order to
increase water conservation even further, the concentration is:
o Identifying and reducing wastage at a zone level
o Further pressure reductions at a zone level
o Public awareness and education.
• A Challenge experienced is that limited technical actions can be
taken during periods of peak demand. A pressure control system
that cost R5 million was constructed. In return, R30 million in
water wastage was saved.
6.6.3.1 Site visit to Bophelong Domestic Leakage repair project
The Bophelong domestic leakage repair project falls within the ambit of the Emfuleni Local Municipality. The purpose of the project is to repair leaking taps, toilets cisterns in order to reduce water wastage as a result of plumbing installations. The project attempts to repair 1000 houses in the area.
The project commenced in May 2006 and is due for completion in May 2007. It is funded by the Department of Water Affairs and Forestry (R1 million), Emfuleni Local Municipality (R500 000) and Rand Water (R400 000) which amounts to R1, 900 000 million.
Two professional staff members were provided to the project. The project also created 25 temporary employment positions and trained 25 plumbers with SETA accreditation, which include nineteen female and six youth. Services that are provided include: labour intensive construction, capacity building and community participation.
Benefits of the project are: • improved water demand management • customer education • 15% of unaccounted water is saved.
6.6.4 Findings and Analysis • The intervention in the municipalities has positive spin-offs as it also creates jobs. • Awareness of water saving techniques is raised. • SETA Accreditation for the 25 temporary plumbers.
6.7. Bapsfontein- Sinkholes The National Water Act of 1998 states that all existing water users have access to the amounts water users were using at the time of the Act’s inception. Due to Mining in the area, extensive farming and the overuse of borehole water resulted in the rapid decrease in the water table. This resulted in the sharp acceleration of erosion of the dolomite. The erosion took place over decades, instead of over thousands of years.
Development accelerates the erosion of the soil. This results in sink-hole depressions occurring overnight in instances. The damage to land and property is extensive. Most of the Sink-holes are so vast that it cannot be established how deep the hole is. Aerial photographs have assisted the studies done on sinkholes.
Extensive studies have been done on land in several areas in Gauteng recently, to establish the levels of Dolomite in the soil. This information assists the planning of settlements in the province. In several cases, informal settlements are built close to, or on dolomitic land. Despite reluctance of communities to move to safer land, an urgent resolution needs to be taken, to prevent the loss of life.
6.7.1 Site visit: Bapsfontein- Sinkholes
• There was an informal settlement next to the sink hole in
Bapsfontein
• The Community has been educated of the dangers of sinkholes.
• The Sink hole has been fenced off to prevent negligent accidents of
persons falling into the hole.
• The Committee was informed that due to the recent rains, the sink
hole was filled with water. The consultants found children swimming
in the sink-hole after the rains.
• Emergency measures are to be put into place and relocation of
people is difficult since the community supplies labour to the
surrounding farms and is reluctant to move due to the fear of loss
in jobs that might result.
6.7.2 Findings and analysis
• Community reluctant to move, despite the awareness of the danger to
life the sink-hole poses due to job security
• Monitoring of the sink-hole is needed, since children had been
swimming in it
6.8 Winterveldt Sanitation Project
The area is classified as “urban-edge”, it is 99% privately owned. There are only three stands in the area without sanitation. A monitoring programme is in place on the programme. Thus far, 1200 Ventilated Improved Pit (VIP) toilets have been installed and 2203 Urine Diversion systems (UDS) have been installed. The UDS technology is best suited to the environment, since the area is classified as a water scarce area; the maintenance of the UDS technology is low, and cheap. The Brick makers are locally trained and sourced for the bricks. The quality of the bricks made is in line with the South African Bureau of Standards. Quality controllers are employed to ensure a high standard of quality of the materials sourced locally 6.8.1. Challenges experienced
• Sourcing of raw materials is expensive, the programme is supposed
to enhance the local economy’ Small- Micro- Medium Enterprises but
the unavailability of the materials locally renders the project
unable to source certain materials locally.
• Teaching the recipients that the old toilets pollute the limited
ground water.
• The design of the toilets is not considerate of disabled people.
• After the pit latrines were replaced, the community was unwilling
to hand these latrines in. These latrines are still in use and
continue to contaminate the ground water.
The Department’s involvement in the provision of the services:
• Delivery of the services should be immediate, due to the right to
dignity of the recipients of the sanitation services.
• The technology available has been considered, and the one selected
in this case was best suited for the region.
• Due to the fact that the land was privately owned, extensive roll-
out of services was not in line with what is outlined in the
Municipal Finance Management Act.
Concerns the Steering Committee will consider for the following year:
• An HIV/AIDS programme
• Design of the toilets to accommodate disabled persons and children.
• Timeframes for the removal of toilets
6.8.2 Site visit - Winterveldt Sanitation Project
BMW had sponsored the School’s gardening project. The School usually has workshops whereby ploughing and tilling skills are shared with the local community. To encourage the local economy, the harvesting of Marula trees has also begun. Marula trees are a protected species according to the National Forestry Act. In terms of Water Roll-out in the area, Rand Water is currently installing a 30 m pipe; the existing pipe had burst recently before the committee’s arrival.
6.8.3 Findings and analysis
• 99% of the budget allocated was spent
• Sanitation technology implemented is well suited to environment
• Municipality cannot fully roll-out services due to the land being
privately owned
- JOB CREATION
The Committee went to see what job creation initiatives are in the Water and Forestry sectors in Gauteng.
7.1 Site Visit to Orange Farm – Centre for Community Development
7.1.1 Centre for Community Development
The Centre for Community Development was established in 1983. Since 1986, it played an active role to support people reallocated to Orange Farm. The centre provides the community with the basic requirements of life such as access to food, skills training, clothes, education, health, and job creation, etc. The Centre is also in the process of developing an ecological centre, and provides a service toward the Department of Water Affairs and Forestry’s Greening Project. It also intends to set-up an Information Technology unit to promote networking with schools abroad.
7.1.2 Analysis and challenges
• Ownership of the centre poses a problem for the provision of
services towards the Department of Water Affairs and Forestry’s
greening project.
7.2. Working for water and working for fire
The Committee undertook to obtain detailed information and first hand insight into the working for Water Programmes and the Working for fire programmes
7.2.1 Working for Water Project: Rietvlei
An overview was given of the procedure of how the alien vegetation is removed. Proper health and safety measures were adhered to, that is protective clothing, boots and helmets were worn at all times by workers when clearing alien vegetation. The Rietvlei reserve belongs to Tswane municipality, the budget allocated is R23 million per annum. This budget is split into 30% for overheads and 70% for salaries. The people are recruited from Tembisa, which is the closest township. With regrowth of the alien vegetation, follow-up is required. Gum Trees need several follow- ups.
7.2.1.1 Site visit: Rietvlei
The Committee was briefed by the authorities of the Working for Water programme. A tender process is established as the process for awarding areas to for clearance of alien vegetation. The size of the area that is awarded for clearing depends on the density of the alien vegetation. This project is labour intensive and absorbs and skills unemployed persons from Thembisa. Weather conditions and sick leave was taken into account, when calculating the wages of workers. The wages of contracted teams is broken down as follows: o Contractor: R154 per day o Supervisor: R78 per day o Health and Safety representative: R64 per day o General Worker: R54 per day
7.2.1.2 The staff raised the following concerns:
• The increase in the number of teams employed, without increasing
either the area to be cleared or the money each team is paid at
the end of the contract. Therefore, the contracted team earns
less.
• The workers depend on the contractors to get work. Therefore
they requested that something be done to ensure that the budget
allocated is enough or more.
• The delay of processing payment after the contract has expired
is a concern that was raised. It was suggested that this process
be sped up.
• After work is done, the invoice is signed by the Area Manager,
and submitted to DWAF. There are delays in payments because DWAF
wants to minimise fraud. The land owner’s signature has to be
verified. This process takes approximately 22-25 days to receive
payment.
• The extent of poverty alleviation accomplished is questionable,
due to the fact that workers have to wait for approximately a
month before they get paid for work completed.
• Finance at regional level is problematic, since the turnaround
time of invoices was takes a long time.
7.2.1.3 Proposals made on-site
o DWAF should process invoicing within a month of when the
contract is awarded but sign off paperwork only when
inspection of work is done. This will enable payment closer
to the time after the work is done.
o This system will need to be streamlined. Workers will say
that payment is late if not informed of timeframes and
results in a misunderstanding regarding payment time.
o An exit strategy was proposed whereby the training
contracted workers undergo incorporates non-job related
training, so that the staff can exit the industry/job more
qualified in other areas/skills.
o An upward mobility programme should be put in place. The
scale at which programmes are implemented is not significant
enough.
7.3 Working on Fire Group
Working on Fire is a labour-intensive initiative to develop an integrated capacity to prevent and manage wild fires in South Africa. Unemployed people are trained to work as fire fighters in the Working on Fire Programme. The main objectives of the Programme are to:
• Limit the effect of veld fires on poor communities in areas
exposed to such fires.
• Create opportunities for labour-intensive work in the
preparation of fire-protection measures in the participating
Fire Protection Associations (FPAs), for example clear invading
alien plants, create firebreaks and reduce fuel-load.
• Develop skills, capacity and opportunities in affected
communities.
The Committee met with the Working on Fire Group. The group highlighted the following challenges:
• Staff shortages.
• Not enough presentation of black management.
• Insufficient R42.60 per day that is paid to an ordinary fire
fighter.
• Repairs to equipment.
• Request government assistance.
• Integrated statistics programme
- WATER RESOURCES, WATER QUALITY OBSERVATIONS AND FINDINGS
Site visit to Leeuwkuil Water Care Works and Laboratory – Sebokeng
The Works operated first in the 1950’s. In the late 80’s, the work was extended with a 12MI/d Biological Nutrient Removal (BNR) reactor. In 2005, the Bio-filters and the inlet screen upgraded. In 2006, the BNR reactor was augmented with a new fixed bridge aeration system. The current capacity is 32 MI/d and the current inflow is 25MI/d. The municipality will spend R20 000 000 in 2007 on the current upgrade program. The Works is operated by a Plant Manager, 6 operators and 14 general workers
8.1 Site visit to Pump station No.8
Pump station No. 8 is just one of 48 pump stations in the Emfuleni area, many of which are 50 years old. By contrast, virtually the entire flow from Three Rivers and Three River East is pumped by pump station No. 8 to the 32 MI/d Leeuwkuil WWTW for treatment. Pump station No.8 was upgraded in 2005, with two T10 Gorman Rubb pumps and two 75Kw motors and state of the art MCC (Motor Control Centre). The T10 pumps can pump 120I/sec while the motors draw 150 Amps.
It is apparent that Pump station No. 8 was not originally designed for the flow currently received from all the feeder pump stations. This is an old installation, which is extremely difficult to upgrade by adding extra pumps. It is also not practical to increase the capacity, as the rising main effectively limit the flow. Apart from the immediate problem of the pumps and motors themselves, the brittle condition of the pumping mains is of great concern. Frequent bursts occur, and repairs are difficult and time consuming, while sourcing the correct fittings for out of date pipe sizes and materials is another complicating factor. This pump station is on a line of 48 pumps. If one of the 48 pumps closes down the whole line of pumps is inoperative.
During the last two years, pump station No.8 was vandalised three times, very often, the electrical cables inside the pump station and the supply cable to the pump station were stolen. Emfuleni Local Municipality’s first priority is to attempt to limit raw sewer spillages at all the pump stations. Emfuleni purchased the 500 and 100KVA diesel driven generators and two pump sets to keep vandalised pump stations up and running.
8.2 Presentation on Catchment Management and Water Quality
The key functions of the Environment Management are to protect the river ecosystems, water conservation and protection of the ecological reserve. In addition, it also coordinates, integrates and mainstreams water resource issues through cooperative governance and institutional mechanisms. Environment Management is also responsible for monitoring and compliance of policy and regulation.
Some of the analysis highlighted by the Environment Department is:
• The decaying sewage emanating from manholes.
• Illegal connections, soil and roots growth ingress into sewage
network.
• Mines and industrial pollution.
• Illegal occupied housing buildings.
• Informal settlements that is located within floodlines, inadequate
service.
• Vandalism, for example missing manholes covers and behavioural
problems.
• Lack of reporting of pollution incidents.
• Sewage flows for days without reporting.
• Problems with tracking down the source in hot spot areas (Wynberg
has complex stormwater network, Alexandra has occupation of
tributaries and infrastructure.
• Funding problems in Kaalspruit (cross boundary issues) and Klip
River System.
• Weak enforcement by regulatory authorities, for example mine
drainage mainly from defunct mines and is often reliant on other
regulatory authorities.
The Water Management Tools used are the Surface Water Quality Monitoring Program that reflects changing needs and water quality issues. The program has 136 sites in the city, which monitor each site at least twice a month. Monitoring is undertaken at strategic points depending on the development characteristics of the catchment. This is an important tool, which gives early warning of problems areas and it informs and facilitates intervention measures.
The monitoring program does the following: • Assesses the performance and effectiveness of Waste Water Treatment Works facilities. • Determines the bacteriological health (e.g. Cholera) of the river ecosystems. • Gives information on the sources and water quality impacts of non- point source pollutants. • Assists in tracking the pollution to its original source, that is identify illegal discharges, once off spills and non-compliant environmental behaviours, particular those which are not immediately apparent (for example, no odour, not visible pollution, hidden locations). • Documents long-term trends and changes in water quality • Informs policies, strategies, projects and programmes by identification of priority intervention areas.
8.2.1 Findings and Analysis
The key functions of the Environment Management are to protect the river ecosystems, water conservation and protection of the ecological reserve. It has identified several areas of concern and has communication channels set up with the Department of Water Affairs and Forestry, but no policing of resources takes place. The information gathered informs planning and strategies, but does not create an obligation for defaulters of Section 14 of the National Water Act.
9 Visit to the Department of Water Affairs and Forestry: head office
The Committee visited the Department of Water Affairs and Forestry’s Head Office. The focus of the oversight was on the human and financial resources set aside by the Department for water quality protection, monitoring and evaluation, enforcement and oversight.
Mr. T Balzer, the acting Director-General welcomed the Committee to Head Office. He apologised for the absence of Director-General. It was not possible to do an extensive walkabout since the Department is spread over five buildings. The context of the walkabout was to enable the Committee to put into context information the Committee receives quarterly from the department on tackling issues of capacity, systems and transformation of the department.
9.1 Registry
DWAF is following the system put in place by Archives South Africa that is the data will be stored alphabetically. Senior Management and Ministry files are stored in a different section. IT software will allow for better follow-up systems to be put in place. The names of bursars awarded funding for studies should be showcased; currently DWAF sponsors 1128 students for studies. Since Bar-coding of the files has been done, the files are better controlled. DWAF plans to update the registry in three phases: a) Eradication of the backlog, b) Checking and verification the data in the files and code the information, c) Computerising the information in each file.
9.2 Finance
9.2.1 SAP training Centre The Committee visited the SAP training centre. There are ten centres like this established across the country. DWAF is training people but experiences difficulty in retaining people since the SAP accounting software is also used by the private sector, which pays higher salaries. The problem DWAF experienced is that the salaries of the public sector are regulated and thus the problem of retaining staff persists. This also has a negative impact on the financial management of the Department. The Department has looked at the difference in salary that a person earns in other organisations if working with SAP software, the wage discrepancy is large. The Department’s asset base of R45 billion is significant, and that low salaries did not retain highly skilled people that are responsible for the management of this large asset base. DWAF is the only National Department to implement the SAP accounting system.
9.2.2 Finance Under the National Water Act, DWAF employs 2100 employees that are paid through the BAS system instead of the PERSAL system, which is the system through which Department staff get paid. The finance office has few staff. There is skeleton staff in the office due to a large number of employees studying. The problem experienced with salary overpayments is that when people leave the Department, the Finance office is not informed timeously. This leads to salaries being paid automatically. Currently the debt owed to DWAF from ex-staff members totals R8,5 million. Some of the debts owed the department are older than five years. Finance can be linked up to the HR database, once established. The Communication channels between HR and management needs to be refined so that this problem can be resolved.
9.2.3 Procurement Procurement is short of its targets set for awarding tenders to Historically disadvantages individuals. An overview of the tender process was given. Two standing committees that were supposed to be established were not established, but the functions are being fulfilled through the Budget Committee. On Fridays, each week, the budget committee meets. The Procurement section is divided into two sections: Goods and Services, and consultants. Tenders that were currently under review are the De Hoop Dam: Re-alignment of the Road and Rehabilitation of the Dam Structure, and the Gamtoos Dam Wall rehabilitation.
9.2.4 Staff views on the Department The Department is viewed internally as a training institution and the salaries are low compared to other organisations. There is currently a 15- 20 % vacancy rate experienced by the Department. The staff indicated that the 12% increase in salaries will be welcomed.
9.3 Water Services Sector Development and the proposed institutional reform and sector support are the services that this Unit offered. Revision of the Water Services Bill was mentioned as a legislative intervention that could improve the service delivery for this unit. Provision of Water and sanitation to residents on private land is an area that could be reviewed. Planning and information services are also in the process of being developed. Planning, monitoring and evaluation of the municipalities are also in the process of being established. A drought relief team has been established. Challenges experienced are capacity related.
9.4 Institutional Oversight
The section is responsible for: • The oversight of the Water Boards and the TCTA. • The establishment of Catchment Management Agencies and Water User Associations
DWAF is investigating an organisational design project and an institutional design project. The organogram of the Department should support the Department’s strategic objectives and daily operations. There are discussions in the Department around this.
9.5 Policy and Regulation
Currently only four people are dealing with the fifteen Water Boards. Water Demand management also deals with qualitative issues. Migration of people and the skills required in specific areas is a challenge for the section. The South African Institute of Civil Engineers does not recognise Public Sector Engineers; also the salary that is earned working in the public sector is far less than what can be earned in the private sector. The Department has large projects that will require skilled staff to stay with the Department for the successful completion of the projects. The Water Research Council and the Department are currently doing a Sector Capacity Survey to ascertain what skills are available, what is needed and how the gap can be bridged. The Committee proposed that when DWAF reports quarterly to the Committee that Policy and regulation also attends the meetings, so that the issues under review of capacity, under-expenditure and policy are linked so that the Committee can see how the plans/ strategies are implemented.
The Committee highlighted that during the Oversight visit, people expressed dissatisfaction with the turnaround time for the approval of licensing. The Unit acknowledged the problem; gaps in the policy have been identified. The Unit is currently formatting the policies. A tracking system is proposed, guidelines and training. A problem that this unit experiences is the retention of skilled persons. Internally the unit is competing with the National Water Resources Infrastructure Agency that will be launched soon.
9.6 Findings and Analysis
• Non- South African Institute of Civil Engineers (SAICE)
accreditation of Engineers in the public sector is problematic
since remuneration and accreditation differs from private sector
engineers.
• Intensive investment in staff development not resulting in staff
retention.
• Some staff still being paid through BAS under the National Water
Act, instead of PERSAL. This could prove problematic for the
Department’s annual audit. Staff indicated that the salaries
paid for the skills required are not on par with what other
organisations paid, this led to staff being recruited by other
organisations shortly after being trained by the department.
• The Department is competing internally for staff with the Agency
that will be launched soon
• Finance and Human resource communication channels were
highlighted as requiring streamlining around salary
overpayments.
• The financial resources set aside for the water quality
protection, monitoring and evaluation, enforcement and oversight
are satisfactory. What marred this is the low level of staff
retention. The low level of skilled staff retention hampered the
ability of the Department to meet its mandate of oversight,
monitoring and evaluation.
• The SAP training Centre is an example of the financial resources
availed for the implementation of the Department’s mandate, but
the low level of trained staff retention, due to low salaries
means that the Department is training employees for other
organisations.
• The financial compensation of staff is not determined by the
Department. The Department of Public Service and Administration
should be approached by the department on behalf of staff to
negotiate higher wages.
- CONCLUSION
The Portfolio Committee and the Provincial Government legislature Portfolio Committee on local government and housing met with MECS, Councillors, Mayors, municipal management of project consolidate municipalities, DWAF regional management, SALGA, working for water and working for fire officials, recipients of service roll-out, students and recipients of training, Airports Company South Africa management, Chamber of Mines, Rand Water and Magalies Water and Forestry. The aim of the committee to meet with all the key stakeholders in the provision of water services to the people of Gauteng was achieved.
The Committee achieved the objectives of its oversight visit.
- RECOMMENDATIONS
It is against the above information that the following is recommended: 11.1 Chamber of Mines
The Committee applauds efforts made by Harmony to improve the quality of water discharged from its plant. However the Committee urges the Department of Water Affairs and Forestry to engage the entire mining industry in Gauteng on water quality management, as mandated in Chapter 14 of the National Water Act (Act 36 of 1998) and report progress thereof to the Committee.
11.2 Airports Company of South Africa
The Committee notes that after three cases of water pollution Airports Company South Africa started to attend to water quality issues. The Committee requests to be provided with a report by the Department of Water Affairs and Forestry detailing the steps taken to enforce the obligations that arises out of acquiring a water licence.
11.3 Settlements on pipelines
The Committee recommends that the Department should review relevant legislation with regard to settlements on pipeline and report to the Committee on challenges experienced in this regard.
11.4 Rand Water Zuikerbosch Water Treatment Works
Various financial options should be explored by the department of Water Affairs and Forestry to finance the refurbishment of Zuikerbosch plant. A vigorous campaign by the Department around vandalism of water infrastructure should be undertaken.
11.5 Magalies Water - Bronkhorstspruit Water treatment plant
Various financial options should be explored by the Department of Water Affairs and Forestry to refurbish the entire Bronkhorstspruit Water treatment plant.
The Department should report back to the Committee on progress made in alleviating the problems encountered with both water boards, Magalies Water Board and Rand Water Board.
11.6 Metsweding Area
The Department should investigate the technical and financial support that should to be given to the Municipality, with regard to refurbishment for the severely aged infrastructure.
11.7 Plot 175 Visit- Kameeldrift
The Department should report back to the Committee on the delay in the application by Department of Water Affairs and Forestry head office for drought relief.
11.8 Johannesburg Water – Operation Gcin’Amanzi & Project Thonifho
The Department together with the entities should place more emphasis on the Expanded Public Works Programme as it creates more jobs. To improve the water conservation, the Department should empower communities to conserve water.
11.9 Visit to Water Demand Management Chamber – (Evaton pressure control area)
The Department should investigate the possibility of installing and financing pressure control systems as seen in Evaton, throughout the country where feasible. 11.10 Bapsfontein- Sinkholes
The Department should provide a map indicating Dolomitic land to municipalities to assist in planning for water services roll-out.
11.11 Winterveldt Sanitation Project
The Department should investigate the possibility of reviewing legislation concerning private land to ensure roll-out of services.
11.12 Working for Water Project: Rietvlei and Working for Fire
The Department should review the need for integrated skills development programme, as well as how it relates to the exit strategies of the project.
FRIDAY, 17 AUGUST 2007 ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Assent by President in respect of Bill
(a) South African Red Cross Society and Legal Protection of Certain
Emblems Bill [B 25 – 2006] – Act No 10 of 2007 (assented to and
signed by President on 9 August 2007).
- Classification of Bill by Joint Tagging Mechanism
(1) The Joint Tagging Mechanism, in terms of Joint Rule 160(6),
classified the following Bill as a section 76 Bill:
(a) National Gambling Amendment Bill [B 31 – 2007] (National
Assembly – (sec 76)).
National Assembly
The Speaker
- Membership of Assembly
(1) Mr Y S Bhamjee has resigned as a Member of the National Assembly
with effect from 10 August 2007.
TABLINGS
National Assembly and National Council of Provinces
- Minister of Environmental Affairs and Tourism
(a) Government Notice No 505 published in the Government Gazette No
29996 dated 19 June 2007: Establishment of the new Mokala National
Park, made in terms of section 20(1)(a)(i) of the National
Environmental Management: Protected Areas Act, 2003 (Act No 57 of
2003).
(b) Government Notice No 514 published in the Government Gazette No
29999 dated 21 June 2007: Constitution of the National
Environmental Advisory Forum, made in terms of Chapter 2, section
6(1)(a)(i) of the National Environmental Management Act, 1998 (Act
107 of 1998).
(c) Government Notice No 830 published in the Government Gazette No
30057 dated 206 July 2007: Notice of intention to establish the
National Framework , made in terms of section 7 of the National
Environmental Management: Air Quality Act, 2004 (Act No 39 of
2004).
MONDAY, 20 AUGUST 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Draft Bill submitted in terms of Joint Rule 159
(a) Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Bill, 2007, submitted by the Minister for Justice and Constitutional Development. Referred to the Portfolio Committee on Justice and Constitutional Development and the Select Committee on Security and Constitutional Affairs.
- Introduction of Bills
(1) The Minister of Education
(a) Education Laws Amendment Bill [B 33 – 2007] (National
Assembly – proposed sec 76) [Bill published in Government
Gazette No 30107 of 20 July 2007.]
Introduction and referral to the Portfolio Committee on Education
of the National Assembly, as well as referral to the Joint Tagging
Mechanism (JTM) for classification in terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
(2) The Minister for Justice and Constitutional Development
(a) Repeal of the Black Administration Act and Amendment of
Certain Laws Amendment Bill Education Laws Amendment Bill [B
34 – 2007] (National Assembly – proposed sec 75) [Bill
published in Government Gazette No 30172 of 13 August 2007.]
Introduction and referral to the Portfolio Committee on Justice
and Constitutional Development of the National Assembly, as well
as referral to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
National Assembly
The Speaker
- Membership of Assembly
On 8 March 2007 it was announced that Ms N M Mdaka had lost her seat in
the National Assembly with effect from 6 March 2007.
The High Court ruled on 3 August 2007 that the decision by the
purported national executive committee of the UIF to expel Ms Mdaka
from the UIF is of no force or effect. Ms Mdaka therefore never ceased
to be a member of the UIF. Consequently Ms Mdaka never lost her seat in
the National Assembly.
TABLINGS
National Assembly and National Council of Provinces
- Minister of Environmental Affairs and Tourism
Please note: The following item amends item (c) under the entry
“Minister of Environmental Affairs and Tourism” published on page 1581
of the Announcements, Tablings and Committee Reports of 17 August 2007:
(a) Government Notice No 830 published in the Government Gazette No
30057 dated 6 July 2007: Notice of intention to establish the
National Framework, made in terms of section 7 of the National
Environmental Management: Air Quality Act, 2004 (Act No 39 of
2004).
TUESDAY, 21 AUGUST 2007
COMMITTEE REPORTS
National Assembly
-
Report of the ad hoc Committee on the Review of Chapter 9 and Associated Institutions, dated 21 August 2007:
The ad hoc Committee on the Review of Chapter 9 and Associated Institutions, having concluded its review of the 11 identified institutions, presents its report to the National Assembly.
Report to be considered. (An electronic copy of the report is obtainable from www.parliament.gov.za).