National Assembly - 06 September 2007
THURSDAY, 6 SEPTEMBER 2007 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:07.
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.
CHANGE IN PARTY MEMBERSHIP
(Announcement)
The SPEAKER: Hon members, I wish to announce that Mr M T Likotsi has today left the Pan Africanist Congress of Azania and joined the African People’s Convention. [Interjections.]
MEMBER’S CONDUCT REGARDING QUESTION ADDRESSED TO MINISTER OF HEALTH
(Ruling)
The SPEAKER: Hon members, before we proceed with the business of the House this afternoon, I wish to reflect on the disturbing events that occurred in the Chamber yesterday afternoon and the way in which they have cast a reflection on the NA.
The Constitution determines that members have freedom of speech in the Assembly and its committees. This is an unfettered right, a jealously guarded one at that, subject only to the Constitution and the rules and orders that the House imposes on itself. This it does solely for the purpose of the orderly conduct of proceedings and to prevent it from being impeded in continuing with the important business it has in the interest of the people of this country.
One such rule is Rule 63, which deals with offensive language or, as it is otherwise known, unparliamentary language. This is a broadly framed rule that allows a presiding officer to take into consideration, inter alia, the context and tone of a particular remark or inference. In its interpretation this rule is further elucidated by years of established practice and convention.
In this House, since 1994, there have already been a number of rulings from the Chair that members may not impute improper motives to other members or cast personal reflections on their integrity as members or verbally abuse them in any other way. This approach is also in keeping with the practice in many other parliaments. If such accusations, whether made directly or by inference, were to be generally allowed in debate in this House they would not only seriously undermine members in the performance of their duties, but they would also undermine the image and effectiveness of Parliament itself to function as the Constitution intends.
Accusations are equally offensive and damaging if they are made indirectly by reference to views held by others or even if they are put forward by way of a question because then clearly no substantiation is being offered which could give credence to the allegation. This is not to say that if a member has good reason to believe that another member may have acted improperly such matters should not be brought to the attention of the House. Action should, however, be taken in the proper manner. In such circumstances it is sound practice to require that a member institutes a charge against the member concerned by way of a separate substantive motion which requires a distinct vote of the House. For such a charge to be brought before the House by way of a substantive motion, the charge would incidentally have to be clearly formulated and properly substantiated.
In view of what I have just explained, members will agree that Question 254 to the hon Minister of Health by the Hon Mr Mike Waters on yesterday’s question paper was in clear violation of Rule 63. Regretfully, owing to an administrative oversight, the question was not ruled out of order earlier. However, this does not detract from the fact that the question was indeed improper and that the matter should have been brought to the House by means of the mechanisms the House has created for itself to enable it to deal with such issues in the appropriate manner.
This brings me to a matter which requires some reflection on the part of all members, namely the object or purpose of questions. Questions are a mechanism created to hold the executive to account. However, in order to ensure that they remain an effective mechanism for obtaining information from the executive and pressing for action, they are required to conform to a series of rules and conventions. As such, the rules of debate and maintenance of order apply also to questions. Members would do well to familiarise themselves once again with the contents of Chapter 13 of the National Assembly Guide to Procedure, of which they ought to have copies, before they submit questions. The guide contains a comprehensive explanation of the scope and nature of the questions to Ministers, of what is allowed and what is not. I do not need to repeat it here.
Having now had an opportunity to reflect on the conduct of the hon Waters yesterday and having studied the Hansard pertaining to the incident, I wish to make the following ruling. Yesterday during question time I instructed the hon Waters to withdraw from the Chamber after he had pointedly refused to abide by my ruling that the matter at hand was not open for debate. He even attempted further to cross-examine the Chair. Mr Waters initially refused to obey my instruction to leave the House; in fact, he repeatedly stated that he would not do so, thereby posing a direct challenge to the authority of the Chair. He furthermore engaged in conduct which cannot be described other than as outrageous, disrespectful and grossly disorderly.
In the remarks he directed at the Chair, subsequent to being instructed to leave the House, he cast serious aspersions on the competence and integrity of the Speaker and on the proceedings of this House. He also repeated several times, deliberately and brazenly, the allegation contained in the question which had already been ruled unparliamentary.
I want to remind hon members that according to parliamentary practice, the application of the Rules is entirely in the discretion of the Presiding Officer. A member may disagree with a ruling in a civilised manner, but must accept the word of the Presiding Officer. We need to ensure that our conduct in this House at all times reflects an awareness of the grave responsibility we have of representing the people out there to the best of our ability. Yesterday this certainly was not the case.
Though I have the power in terms of Rule 52(a) to immediately suspend a member, I thought it prudent at the time rather to restore order to the proceedings and to continue with the business at hand. However, I was then and I still am now of the opinion that instructing the member to withdraw from the Chamber is not sufficient vindication of his conduct following my instruction to leave. Hon Waters is, of course, here and I now wish to address myself to the hon member. [Interjections.]
Hon Waters, I wish to address you and I would like you to stand. Your conduct yesterday was of so serious a nature that I am left with no choice but to suspend you for a period of five parliamentary working days, as provided for in Rule 54. I would like you now to please withdraw from the Chamber and the precincts of Parliament immediately. [Applause.]
The CHIEF WHIP OF THE OPPOSITION: Might I address you on that, Madam Speaker?
The SPEAKER: Hon Davidson, I would not like to be addressed on the ruling. The ruling is final and that is the end of this particular matter.
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker …
The SPEAKER: You can approach me in my chambers if you wish to do so, but presently I am proceeding with the business of the House. [Applause.]
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, I don’t wish to address you on your ruling itself …
The SPEAKER: I am saying I do not want to be addressed on the ruling. I do not want to be address on this ruling. I have ruled. If you want to discuss the matter, you are free to approach me in my chambers. This is the end of this matter, Mr Davidson, I would like you to take your seat so we can proceed with the business of the House.
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker …
The SPEAKER: Hon Davidson, please, I wouldn’t like us to now get into another wrangling match on this matter.
The CHIEF WHIP OF THE OPPOSITION: I don’t want to, Madam Speaker, and that is precisely the reason why I am rising to address you. [Interjections.]
The SPEAKER: I do not want you to address me, that is what I’m explaining to you.
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, it makes it very difficult for …
The SPEAKER: Hon Davidson, I am not allowing you to address me on this matter on which I have again made a ruling. [Interjections.] [Applause.]
NOTICES OF MOTION
Dr S M VAN DYK: Agb Speaker, graag gee ek hiermee kennis dat ek sal voorstel:
Dat hierdie Huis ’n debat voer oor die prosedures wat gevolg word ten opsigte van die oorweging asook die huidige beleid wat van toepassing is ten opsigte van die aanstelling van direkteure van openbare korporasies. (Translation of Afrikaans notice of motion follows.)
[Dr S M VAN DYK: Hon Speaker, I hereby take in pleasure in giving notice that I shall move:
That this House debates the procedures followed with regard to the consideration of directors of public corporations, as well as the current policy applied in respect of their appointment.]
Mr G R MORGAN: Madam Speaker, I hereby give notice that I shall move on behalf of the DA:
That this House debates the government’s planned nuclear expansion, including issues relating to nuclear governance and the implications of advancing nuclear energy for both the current and future generations.
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, I would like to move the following substantive motion:
That this House –
1) notes that the Minister of Health was convicted of theft in 1976 or
thereabouts while employed at the Athlone Hospital in Botswana; and
2) resolves that an ad hoc committee be appointed to investigate
whether she is fit to hold public office.
BLACK CONSCIOUSNESS WEEK TO MARK STEVE BANTU BIKO’S DEATH
(Draft Resolution)
Mr P J NEFOLOVHODWE: Madam Speaker, I move without notice:
That this House –
1) notes that on 12 September 2007 it will be 30 years since the
brutal murder in detention of Steven Bantu Biko;
2) further notes that 6 September is the official start of the Black
Consciousness Week to mark, acknowledge and remember the profound
contributions that Biko made to the development of Black
Consciousness;
3) recognises that Biko was an organiser, an unwavering visionary, a
selfless patriot and a theoretician, who made a significant
contribution to the development of black political thought;
4) acknowledges that Black Consciousness has at least two profound
implications for the liberation struggle:
a) All forms of liberation are meaningless if they are not
preceded by the liberation of the mind.
b) Unless the oppressed realised the importance of unity their
efforts will be meaningless.
5) believes that Biko’s vision of bestowing upon our country a more
humane face is more relevant today than it ever was before; and
6) calls on all our people to join in the celebrations that are meant
to mark the 30th anniversary of the death of this noble son of the
soil.
Agreed to.
DEATH OF FORMER AUDITOR-GENERAL HENRI KLUEVER
(Draft Resolution)
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, I move without notice:
That the House –
(1) notes with profound sadness the death of former Auditor-General Henri Kluever on 28 August 2007;
(2) notes that he served in this post from 1993 to 1999, as well as in the post of deputy auditor-general since 1986;
(3) recognises the fundamental role he played as the first auditor- general in our new democracy by establishing this office as a leader in promoting effective accountability at all times;
(4) further recognises the instrumental role he played in ensuring that this office has become a world-class national audit office leading to the World Bank recognising it as a leading organisation regarding best government auditing practices in 1996;
(5) acknowledges current Auditor-General Terence Nombembe’s statement that: “To honour his courage and sterling work, we need to work even harder to take this office to even greater heights”; and
(6) conveys its condolences to his wife, Marinda, and their three children.
Agreed to.
DEFECTION OF Kent Morkel and Kobus Brynard to ANC
(Member’s Statement)
Mr M R SONTO (ANC): Madam Speaker, two leading members of the DA in the Western Cape Legislature Kent Morkel and Kobus Brynard joined the ANC yesterday. [Applause.] This constitutes a major setback for the DA and a valuable acquisition for the ANC.
Both Morkel and Brynard declared themselves being persuaded by the conviction that the ANC is the major vehicle to nation-building in the country and the party best placed to address poverty, and that the divisive policies of the DA have made it untenable for them to remain in such a destructive party.
This latest acquisition by the ANC in the Western Cape strengthens the ANC’s majority in the provincial legislature even more. It also places the ANC in a favourable position for a decisive victory in the 2009 general elections in the province.
The ANC will continue to welcome public representatives from other parties who wish to adopt the objectives of transformation, poverty alleviation and nation-building. I thank you. [Applause.]
The SPEAKER: I see that the DA is missing and so their opportunity will go by unutilised.
SITUATION OF RURAL women and children
(Member’s Statement)
Ms C N Z ZIKALALA (IFP): Madam Speaker, for many years the rights of women as well as women’s issues were not afforded the attention that they deserved. Women were treated like second-class citizens who were regularly subjected to abuse, degradation and denied access to the opportunities that their male counterparts had.
However, government has greatly increased efforts to remedy the situation and tried to protect and advance the rights of women and children. These efforts have been largely successful, but more needs to be done as many women and children, especially in rural areas, are still subjected to the injustices that we are working so hard to stamp out.
In uMsinga in Northern KwaZulu-Natal, a man was arrested recently for allegedly killing three of his children by butchering them with an axe. This gruesome slaughtering of the innocent highlights the extreme nature of domestic violence that some women and children still endure. The emancipation of many urban women and children is in stark contrast to their rural counterparts.
We therefore urge government and the relevant authorities to focus and develop specific programmes to advance the rights to opportunities of women and children in rural areas and to attempt to change the mind-set of the many men who still treat women like their possessions. We must keep the spotlight focused on the plight of women all year round, and not just designate certain dates. I thank you.
THE DEVELOPMENT AT UMSINGA
(Member’s Statement)
Nk P BHENGU (ANC): Ngiyabonga Sihlalo. Intuthuko eMsinga iyaqhubeka. Umphakathi womkhandlu ongunombolo 7 eMsinga endaweni yasehlanzeni kwaDolo naseNadi ube nenkulu inhlanhla lapho iKhansela lomkhandlu ongunombolo 7 owengamelwe uKhongolose, uKhansela uKhetheyakhe Ngubane ewulethele intuthuko ngokuthi wakhelwe izindlu zangasese. UKhansela Ngubane wafaka isicelo wasithumela eNdiya enhlanganweni okuthiwa iSulap Interantional eyinhlangano engekho ngaphansi kukahulumeni ngonyaka ophelile.
Kuthe ngo Agasti lafika ithimba lase Ndiya selilethe impendulo yokuthi UKhansela Ngubane isecelo sakhe samukelwe, ngakho bazothatha ithimba labantu kulo mphakathi liyoqeqeshelwa lolu hlobo olukhethekile lwezindlu zangasese ukuze babuye bathole namathuba emisebenzi.
Sithi sowuKhongolose siyawancoma amaKhansela angabheki nje izimali ngaphakathi eNingizimu Afrika kuphela kodwa afune nasemazweni angaphandle ukuze kusizakale imiphakathi yawo, ukuze iphile impilo engcono nenesithunzi. Sithi phambili nentuthuko eMsinga phambili. [Ihlombe.] (Translation of isiZulu member’s statement follows.)
[Ms P BHENGU (ANC): Thank you Chairperson. Development is going on in uMsinga. The communities of Ward 7 in uMsinga, at Dolo and at Nadi, were very fortunate because Councillor Khetheyakhe Ngubane, from that area, which is under the control of the ANC, brought development by building toilets for them. Councillor Ngubane made an application last year to an NGO in India, known as Sulap International.
The said NGO sent a delegation to uMsinga in August with a positive response to Councillor Ngubane`s application. The delegation was going to take a group of people from the community to be trained in the building of this special kind of toilet so that they can create job opportunities.
As the ANC, we commend councillors who do not look for money only from within South Africa but also raise funds from abroad, so as to ensure that their communities live a better and a dignified life. Forward with development at uMsinga, forward! [Applause.]]
Withdrawal of question 254 TO MINISTER OF HEALTH
(Member’s Statement)
Mr J BICI (UDM): Madam Speaker, the UDM believes that a member of the opposition was unjustly deprived of the opportunity to exercise his right to ask a question. The belated decision to have the particular question withdrawn is especially odd, since it seemed that the hon Minister of Health was ready to respond to the hon Mike Waters. [Interjections.] What happened yesterday in this House was disgraceful and goes against the grain of true multiparty democracy.
The institution of parliamentary accountability and the asking of questions are designed exactly to deal with those issues that the ruling party might find uncomfortable to address. If this institution is upheld when sweetheart questions are asked but resisted when the real issues arise, then it becomes an extravagant charity. Thank you.
The SPEAKER: Hon member, I allowed you to finish, but you should know deep down that you are out of order. [Interjections.]
FF PLUS’ OPPOSITION TO FLOOR-CROSSING LEGISLATION
(Member’s Statement)
Dr P W A MULDER (VF Plus): Agb Speaker, die VF Plus was een van die min politieke partye in hierdie Raad wat van die begin af teen oorloopwetgewing gekant was. Ons het voorspel dat dit op die langtermyn allerlei negatiewe gevolge en onbedoelde gevolge gaan hê. Die huidige berigte oor omkopery en tjekboek-politiek bevestig watter gemors oorloop geword het.
Verlede jaar het die VF Plus ‘n spesiale debat oor die saak aangevra, omdat ons ernstig glo dat oorloop tot nadeel van die demokrasie is en dat oorloop alle politici se beeld benadeel. Die oorloop van politici word deur die kiesers met reg gesien as die steel van hul stemme en laat ons almal in die Raad na politieke opportuniste lyk. Die VF Plus het in die debat oor oorloop aangetoon hoe oorloop in ’n land soos Indië slegs die regerende party bevoordeel het en na 14 jaar afgeskaf is vanweë allerlei korrupte en onaanvaarbare praktyke waartoe dit gelei het.
In die lig hiervan verwelkom die VF Plus die feit dat die ANC by sy onlangse beleidskonferensie die hele kwessie van oorloop bespreek het. Die VF Plus wil die hoop uitspreek dat die saak spoedig na die huidige oorlooptydperk verby is, aandag sal kry en finaal afgeskaf sal word. Die VF Plus sal alle voorstelle wat tot die afskaf van oorloop sal lei, ondersteun. Ek dank u. (Translation of Afrikaans member’s statement follows.)
[Dr P W A MULDER (FF Plus): Hon Speaker, the FF Plus was one of the few political parties in this Assembly that was against the floor-crossing legislation from the beginning. We predicted that it would have various negative and unintended consequences in the long term. The current reports of bribery and chequebook politics confirm the mess that floor-crossing has become.
Last year, the FF Plus requested a special debate on this matter because we firmly believed that floor-crossing was detrimental to democracy and did an injustice to the image of all politicians. The floor-crossing of politicians is correctly seen by voters as the stealing of their votes and causes all of us in this Assembly to look like opportunists. The FF Plus indicated in the debate how floor-crossing in a country such as India only benefited governing parties and that it was abolished after 14 years because it had led to various corruptive and unacceptable practices.
In the light of this, the FF Plus welcomes the fact that the ANC, at its recent policy conference, discussed the whole issue of floor-crossing. The FF Plus hopes that the issue of floor-crossing will be considered and abolished soon after the current crossing period has passed. The FF Plus will support any proposals that lead to the abolition of floor-crossing. I thank you.]
WELCOMING THE POSSIBLE ESTABLISHMENT OF A NEW CARBON STEEL PLANT
(Member’s Statement)
Mr L ZITA (ANC): The ANC welcomes the announcement in the National Industrial Policy Framework that the Department of Trade and Industry has embarked on a feasibility study into the viability of establishing a new carbon steel plant.
The ANC further welcomes the involvement of other government departments and public entities, such as the Departments of Public Enterprises, and of Minerals and Energy, as well as the Industrial Development Corporation and the national minerals research organisation, Mintek, in this important project. The successful co-operation of all these entities and the eventual establishment of a state-owned carbon steel plant have the potential to make a substantial difference to the lives of our people.
The Freedom Charter states clearly and unambiguously that all the people will share in the country’s wealth, which is the inheritance and the patrimony of all people of South Africa. The ANC believes that it is not only economically beneficial, but also just that the state takes an active hand in ensuring that the people of South Africa benefit fully from the state-ownership and control of national resources such as steel. Thank you.
POOR SERVICE AT HOSPITALS
(Member’s Statement)
Mong S L DITHEBE (ANC): Sepikara se kgabane, ka 17 August 2007, mme e mong mane tleliniking ya Bophelong Ward 21 Matjhabeng Municipality - Freistata, o ile a tjamelwa ke bothata ba hore ngwana wa hae a hanelwe ho thuswa ke e mong wa baoki hobane mooki eo a ne a na le qabang le mma ngwana eo. Hona ho ile ha baka hore mola oo bakudi ba bang ba neng ba eme ho ona, o eme tsi, hobane mooki eo, o ne a ikana ka hore a keke a thusa mme eo ha feela a ntse a le moleng. Ha ntle-ntle ngwana eo, ke yena motho eo ditokelo tsa hae tsa bophelo bo botle le botho ka kakaretso di ileng tsa thunthetswa.
Serapana sa 28 sa Molaotheo se supa hore maemong ohle moo ngwana a amehang teng, ditokelo tsa hae di tla pele ho tsohle, ebile o lokelwa ke tlhokomelo e ntle ka nako tsohle; le hore ha a lokela ho sotlwa ka tsela efe kapa efe.
Ka yona nako eo ho ile ha ba le mokudi e mong ya akgehang yaba e mong wa baoki o mo sheba feela are: “Ha se letsatsi la phano ya meriana ya batho ba nang le lefu la ho wa”. Mokudi eo o ile a ba a hlaphohelwa ka boyena a sa ka a fumantswa thuso. Ruri, bona ke boitshwaro bo sa amoheleheng bathong ba borona. Serapana sa 185 sa Molaotheo se tlama basebeletsi bohle mekgahlelong yohle ya mmuso hore boitshwaro ba bona ba phano ya ditshebeletso e be bao maemo a hodimo, ebile e be bo kgahlisang.
Leano la Batho Pele ke katoloso ya molao oo o kgabane. Re le ANC, re a tseba hore boitshwaro ba baoki bana, ke mohlala wa ditholwana tse mmalwa tse bodileng, empa boholo ba baoki le basebeletsi ba bang ba mmuso ba ikana ka leano la Batho Pele, ebile ba phethisa dikateng tsa lona ka matsatsi ohle.
Re ipiletsa ho baoki bohle ba sa natseng ditokelo tsa bakudi ho fetola mekgwa ya bona le ho hlompha ditokelo tsa bafumani ba ditshebeletso tsa bophelo bo botle ka nako tsohle. ANC e tla dula e sebeletsa bophelo bo botle bakeng sa bohle le tlhompho ya ditokelo tsa moahi e mong le e mong. Ke a leboha. (Translation of Sesotho member’s statement follows.)
[Mr S L DITHEBE (ANC): Hon Speaker, on 17 August 2007, a certain lady at the Bophelong Clinic in the Free State found herself faced with the problem of her child being denied treatment by one of the nurses because the nurse had a grudge against the child’s mother. This resulted in a situation whereby the queue in which the child was standing came to a halt because the nurse had sworn that she was not going to help the child as long as her mother was in the queue. In fact, the child is the one whose right to health care and whose basic human rights were trampled on.
Section 28 of the Constitution shows that a child’s best interests are of paramount importance in every manner concerning the child, and he or she is entitled to good treatment at all times; and that he or she is not supposed to be ill-treated in any manner whatsoever.
At that very moment one of the patients collapsed and yet one of the nurses just looked and said: “Today is not the day for dispensing medication to people with epileptic fits.” That patient eventually regained consciousness on his own without receiving any kind of assistance. This is really unacceptable behaviour on the part of our people. Section 195 of the Constitution commits all employees at all levels of government to promote and maintain a high standard of professional ethics, and to also ensure that their conduct in the delivery of services is provided impartially. The policy of Batho Pele is an extension of that impeccable law. As the ANC, we are aware that this type of behaviour from these nurses is just a part of a few rotten apples. However, the majority of nurses and other government employees swear by the policy of Batho Pele, and are committed to its provisions at all times.
We appeal to all the nurses who violate patients’ rights to change their ways and respect the rights of the recipients of health care services at all times. The ANC will always strive for better health care for everyone and the respect of the rights of every citizen. Thank you.]
PROPOSAL OF HEALTH LAWS TO IMPROVE PUBLIC HEALTH
(Member’s Statement)
Dr R RABINOWITZ (IFP): Madam Speaker, in an attempt to refocus the attention of the nation on the health of the public, rather than on the health of the hon Minister of Health, the IFP proposes the introduction of certain laws that will support the people our Ministers are supposed to represent.
The first concerns general health. It is that no product containing trans fats should be sold in the Republic of South Africa, since trans fats aggravate diabetes, obesity, inflammation and heart disease.
The second concerns HIV, and is that all persons who seek marriage contracts or civil unions shall be required to sign a document stating that they have been tested for HIV and know their status and that of their partner.
The third concerns alcoholic beverages. It is that all beverages containing any form of alcohol shall be labelled. The label will state the percentage of alcohol in the bottle, the amount that would cause blood levels above the legal amount and the suggested limit to consumption at any one time. Labels will also enumerate the harmful health effects of excessive alcohol consumption.
We also propose that the effect of committing a crime under the influence of alcohol should be a subject for widespread public debate and information. Thank you.
RESEARCH FINDINGS INTO CROSS-BORDER MIGRATION INTO SOUTH AFRICA
(Member’s Statement)
Mrs M M MAUNYE (ANC): Madam Speaker, the ANC takes note of the research findings into cross-border migration into South Africa that were released on Monday, 3 September this year, by the Witwatersrand University.
The survey on Zimbabweans crossing into South Africa shows little evidence of increased patterns of crime in the border areas. The research dispels a number of widely-held beliefs on cross-border migration from Zimbabwe into South Africa. The findings of the Forced Migration Studies Programme at the university further show that while the number of Zimbabweans crossing the border into South Africa has increased, the media and opposition parties have exaggerated the numbers.
The research findings, amongst others, acknowledge the efforts of government to respond to the situation by increasing the operational capacity of the detention centre that is located in Messina where undocumented migrants are housed before being deported across the border. It further mentions reports from the SA National Defence Force, in particular, that they have substantially increased their number of patrols over recent months.
The media and the opposition should take note of the findings of this independent study, instead of making irresponsible statements which create a hype about general lawlessness at our borders. We further commend the government for the efforts made in dealing with this challenge. Thank you. [Applause.]
NEW ORPHANAGE TO BE BUILT AT KWANONGOMA
(Member’s Statement)
Mnu B Z ZULU (ANC): Somlomo, laphaya KwaNongoma, uNkk Fikile Magwaza ungumuntu ozikhathazayo ngempilo yezingane ezingenabo abazali. Kwathi ngonyaka we-1998 wanquma ukuthatha izingane ezine ezazingenabo abazali waya kohlala nazo ekhaya lakhe. Kwathi ngokwanda kwezingane ezazidinga usizo lwakhe, uhulumeni wabe esezakhela izindlu ezingorondaveli abayisithupha ukuba zihlale kubo. Isibalo sezingane asehlala nazo sesikhulile saze safika kwezinga-21. Lona ngumsebenzi omkhulu noncomekayo awenzela isizwe.
UNgqongqoshe Wezenhlalakahle wasesifundazweni kuthe uma ezwa ngosizi lokuphila kwalezi zingane wasukumela phezulu, ukuze zisizakale. Ngomhla zingama-31 Agasti, kuwona lo nyaka, uNgqonggqoshe wasesifundazweni ubehlaba isoyi lapho kuzokwakhiwa khona isithabathaba somuzi esezezizohlala kuwo ozobiza igidi ezi-4 zamarandi.
Isinyathelo esithathwe nguhulumeni ka-ANC sivule isahluko esisha kubantu bale ndawo yaseWela, KwaNongoma, KwaZulu-Natali. Namuhla bakuqonda kahle ukuthi nguhulumeni oholwa u-ANC ozobalethela izimpilo ezingcono. Phambili ngentuthuko KwaNongoma, phambili! [Ihlombe.] (Translation of isiZulu member’s statement follows.)
[Mr B Z ZULU (ANC): Madam Speaker, at Nongoma, there is a person by the name of Mrs Fikile Magwazwa who is concerned about the lives of orphans. In 1998, she decided to take four orphans into her home to stay with her. As the number of children who needed her help increased, the government built them six rondavel huts. The number of children staying with her has since increased to 21. She is doing a great and commendable job for the nation.
When the MEC for Social Welfare heard about the plight of these children, he acted quickly to help them. On 31 August this year, the provincial Minister turned the sod on the site on which a mansion is going to be built, at a cost of R4m, for these children.
The step taken by the ANC government has opened a new chapter for the people of Wela, at KwaNongoma, in KwaZulu-Natal. They now know very well that it is the ANC-led government that will bring them better lives. Forward with development at Nongoma, forward! [Applause.]]
DEATH OF LUCIANO PAVAROTTI
(Member’s Statement)
Mrs S A SEATON (IFP): Madam Speaker, the IFP expresses its sadness at the death of the world’s famous legend, Luciano Pavarotti, who was also known as the greatest tenor, the voluminous voice.
He died in the early hours of the morning. His work is known throughout the world. He helped bring opera to the masses. Today South African schools are having Luciano choral competitions, where learners compete on Pavarotti works. South Africa enjoys the entertainment of the three tenors from South Africa, who imitate the three tenors from Italy. Those boys are famous because of the works of Luciano Pavarotti, Placido Domingo and Jose Carreras. The Departments of Arts and Culture, and of Education have lost a legend, because through him, we have learners who have earned scholarships to go abroad to further their educational music.
We in the IFP send our condolences to the bereaved family and friends. May his soul rest in peace. Thank you.
2007 ANNUAL INDIGENOUS GAMES
(Member’s Statement)
Ms M M NTULI (ANC): Madam Speaker, the Department of Sport and Recreation hosted the annual indigenous games at Sisa Dukashe Stadium at Mdantsane, Eastern Cape, during the weekend of 1 September 2007.
This festival forms part of the country-wide heritage month celebrations. Participation at the festival was in the eight indigenous games such as ugqaphu, morabaraba, dibeke, jukskei, kho-kho and lintonga. The North West province emerged as the 2007 indigenous games champion, having survived stiff challenges from Mpumalanga, KwaZulu-Natal and Limpopo, who came second and joint-third respectively. The North West has won the indigenous games championship for the fourth time, having previously won in 2003, 2005 and 2006.
A delegation from the Democratic People’s Republic of Korea, led by the Minister of Sport, Mr Mun Jae Dok, attended the opening ceremony, and were entertained with a colourful gymnastrada display by young gymnasts who recently also attended the World Gymnastrada in Austria.
The ANC congratulates the department and all the participants at the festival for their contribution in popularising traditional indigenous games that are part of our diverse heritage. However, the department and the provinces need to ensure that athletes with disabilities also participate in the games, and a concerted effort must be made by all provinces to involve women as provincial co-ordinators for the indigenous games. Thank you. [Applause.]
NO FLOOR-CROSSERS FROM THE UDM
(Member’s Statement)
Mnu G T MADIKIZA (UDM): Somlomo, i-UDM eminyakeni bekusithi rhoqo xa kufike ithuba lokukreqa kwiqela lezopolitiko ubani ebelimele ibe lixhoba kangangokuba abahlalutyi neentatheli bebesoloko beyithatha njengobethw’ esinqeni. Ndifuna ukwazisa le Ndlu ke ngoku, ukuba kulo nyaka sililitye lenyengane, akucholwa naphantsi kwi-UDM. Enkosi. [Kwaqhwatywa.] (Translation of isiXhosa member’s statement follows.)
[Mr G T MADIKIZA (UDM): Speaker, over the years during the floor-crossing period, the UDM has always been the victim. As a result, political analysts and journalists regard it as a party that is beaten below the belt. I want to inform this House therefore, that this year we are solid as a rock, and nothing will be scored from the UDM. Thank you. [Applause.]]
EFFICACY OF THE LAND BANK IN ITS CURRENT FORM
(Member’s Statement)
Dr P W A MULDER (VF PLUS): Mevrou die Speaker, die VF Plus maak beswaar daarteen dat die Minister van Landbou apartheid en gebeure voor 1994 blameer vir die huidige probleme van die Landbank. Die Landbank het 13 jaar tyd gehad om `n stelsel te ontwikkel waardeur opkomende boere doeltreffend gehelp kan word om suksesvol te boer. Tot op datum was daar enkele suksesse, maar heeltemal te min.
As die Landbank nie gaan slaag om meer opkomende boere te help om suksesvol te boer nie, sal daar indringend na die Landbank se funksionering en besluitnemingsprosesse gekyk moet word. Dankie. (Translation of Afrikaans member’s statement follows.)
[Dr W A MULDER (FF PLUS): Madam Speaker, the FF Plus objects to the fact that the Minister for Agriculture and Land Affairs blames apartheid and events before 1994 for the current problems of the Land Bank. The Land Bank has had 13 years to develop a system through which emerging farmers could be effectively assisted to farm successfully. To date, there have been some successes, but far too few.
If the Land Bank is not going to succeed in helping more emerging farmers to farm successfully, we will have to look incisively at the functioning and decision-making processes of the institution. Thank you.]
EXPULSION OF HON M WATERS FROM THE HOUSE AND THE DEBATE THAT FOLLOWED
(Minister’s Response)
The MINISTER OF EDUCATION: Madam Speaker, perhaps we should say to the hon member from the UDM that …
… mhlawumbi abakho abashiya i-UDM ngoba akukho mntu ubafunayo. Nakhona ixesha alikapheli, asikavali, ngoko kha ume, uza kubona xa sele kuvaliwe. [Kwahlekwa.] [… maybe there is no one who is leaving the UDM because nobody wants them. And the period is not yet over, we are not closed yet, therefore you must hang on. You will see when the period is over. [Laughter.]
Madam Speaker, I hope you’ll allow me to respond because the hon member from the UDM chose to address the Speaker via the executive. I believe it is incumbent upon the executive to react to the hon member’s statement.
The hon member indicated that what happened in the House was disgraceful, and yet proceeded to then cast aspersions on the Speaker who was presiding. It is clear that the hon member has very little understanding both of the Constitution and the Rules of the House.
It is our obligation, in terms of the Rules of the House and the Constitution, that our conduct reflects both the integrity and dignity of this institution. The rules are very clearly spelt out in the Rules of the NA, the Joint Rules of both Houses, as well as the Constitution as to what form of dignity and integrity we should uphold. I think it is incumbent upon us to ensure that the dignity of Parliament is upheld by every Member of Parliament.
The embodiment of that dignity in convention is the Speaker of the House, and no other individual. The hon Waters does not enjoy a higher status than the Speaker who is responsible for the conduct of our business and the observance of our adherence to the spirit and heart of the Constitution.
Because the hon member has never stood up and read any statement that was as long as the statement he read, I wondered when he crafted it and where he actually got it from. I would urge the hon member not to be a messenger.
Perhaps, Madam Speaker, it may be necessary to examine whether the member meant that the hon Mike Waters conducted himself in a proper manner. Concerning the disgrace he referred to in his statement, if it is directed at you, Madam Speaker, I would think that you may need to rule again on it at the next sitting of the House. [Applause.]
SITUATION OF RURAL WOMEN AND CHILDREN
(Minister’s Response)
The MINISTER OF SAFETY AND SECURITY: On a number of occasions in the past in this House, I have referred to a particular issue that I believed was supported by most of us here. I am standing up to react to a statement that was made by the hon Zikalala. We regret, and I am sure that this is the position of every South African of goodwill, the fact that there continues to be so many deaths that are unnatural in South Africa.
In the financial year that ended on 31 March this year, more than 19 000 of our people were killed. But the greater number of those deaths were related to what we have defined as social crimes. These are crimes that happen mostly between people who know one another in social circumstances where both the perpetrator and the victim will be found.
The issue of domestic violence is a very big problem for South Africa. The matter she referred to in uMsinga is indeed part of social violence in South Africa which happens within the domestic environs of our country. But she has called upon the government to create conditions so that we can curb this kind of crime. Yes, government has a responsibility to do that. But government, including the law-enforcement agencies of this country, cannot succeed in that task unless we mobilise all our people. This is not the function of government alone.
I am therefore, on the basis of her statement, making a broader appeal which I have indicated and have made in the past in this House that we should all combine against these crimes that continue to happen so that we can fight them. It will not help for us to deploy police in the various streets of our country, because no police official will know that the people who are going past them en route to their own homes intend to get into their houses, pull out firearms, and kill their wives and children in those homes before turning the firearms on themselves. No police official will know that.
No police official will know that the argument which is heated in a drinking hole which both the perpetrator and the victim patronise is going to develop into a fight where a life will be lost. No police official will know that. But if we as the population of this country do not combine our efforts and raise issues that relate to moral regeneration, raise issues that relate to the system where our children are growing up and all of those matters, for so long shall we continue to bury people who have died from unnatural causes. Thank you.
POOR SERVICE AT HOSPITALS
(Minister’s Response)
The DEPUTY MINISTER OF CORRECTIONAL SERVICES: I would like to respond to the statement made by the hon Dithebe around Batho Pele. Firstly, I would like to say that as government, we will never condone any slackness on the part of our civil servants who don’t deliver a service which they are in fact being paid for; secondly, as government we will also deal harshly with those who fall foul of this responsibility; thirdly, we also call on communities and individuals within communities to identify by name, and I am stressing this, those who don’t deliver the expected service so that we can take the necessary action against them. All government officials and staff members are expected to wear name tags, whether they are on the front desk or in the back room or wherever they are. This is the only way in which we can actually take decisive action against those responsible for these actions. Lastly, I want to also commend and congratulate the millions of civil servants who abide by the principles of Batho Pele. I say millions because they are in the majority who many a time also go beyond the call of duty to deliver the service that they are expected to. Thank you. [Applause.]
RESEARCH FINDINGS INTO CROSS-BORDER MIGRATION INTO SOUTH AFRICA
(Minister’s Response)
The DEPUTY MINISTER OF HOME AFFAIRS: We wish to support the statement by hon Maunye on the migration between Zimbabwe and South Africa. We agree that it dispels the widely held beliefs on cross-border migration from Zimbabwe into South Africa. But we also believe that it assists to dispel the negative stereotypes about African immigrants into our country which continue to inform a lot of discourse about the issue of migration. As a result, it is easy for many people to immediately and recklessly associate African immigrants with crime while those from other continents and regions are taken to be coming into our country and are making a positive contribution.
We continue to be of the view that immigration contains a lot of positive benefits for our country, but we also continue to hold the belief that everything must be done to assist the people of Zimbabwe to resolve the challenges of their country. South Africa must continue to approach the Zimbabwean situation informed by the principles of progressive internationalism, as well as our principles of international and human solidarity.
The UN High Commissioner for Refugees, His Excellency Mr Guterres, who was in our country two weeks ago, praised our progressive migration and refugee policies. We have, as a department, committed ourselves to finding further ways to assist the people of Zimbabwe, in particular their migrants, during this difficult period in their country. Thank you. [Applause.]
WELCOMING THE POSSIBLE ESTABLISHMENT OF A NEW CARBON STEEL PLANT
(Minister’s Response)
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Dr R H Davies): Madam Speaker, I would like to respond to the statement made by the hon member Langa Zita on the task team that has been formed to deal with the setting up of a state carbon steel plant on the industrial policy.
I think this is one of the milestones of this government’s attempts to deal with the legacy of the past through economic empowerment. The Industrial Policy Framework sets the tone through which this economy can be transformed. This is the first of its kind and, according to the DTI and the economic cluster of government, this will make sure that we are able to unearth those issues that are impediments to job creation, unemployment and underdevelopment. This is one of the measures that will really enable us to meet the Millennium Development Goals by 2015.
We had hoped that, through working together with communities and the private sector, we would have been able to meet a lot of those challenges.
It is quite clear that, given the magnitude of the work that was put into the industrial policy, we are headed in the right direction. The customised sector programmes as laid out will allow us to deal with a lot of other departmental co-ordination.
But this is truly stating to us that we are one of the countries that are respected globally for having the right policies. The economic policies have never been so good under the ANC leadership government for the past 10 years. Thank you.
TRANSPORT AGENCIES GENERAL LAWS AMENDMENT BILL
(Second Reading debate)
The MINISTER OF TRANSPORT: Madam Speaker, hon members, let me remind this House that the existing ex-transport entities have, up to now, been established in accordance with various principal Acts of Parliament.
As a result, uniformity and standardisation across entities have always been very elusive, particularly in the appointment of board members and chief executive officers. Quite frankly, the Transport Agencies General Laws Amendment Bill will simplify the complexities and delays of appointing the board members and CEOs of transport entities.
It will also bring the missing link of streamlining, standardisation, as well as allowing transport entities to sing from the same hymnbook.
This Bill also provides for the necessary measures to regulate the integration and management of transport entities.
It also seeks to ensure that appointments within entities are a fundamental component of service delivery.
Specifically, our criteria for the appointment of board members will move beyond just general skills and experience in the legal- corporate governance and financial management, to more sector-specific skills and experience. We believe that this will contribute immensely towards service delivery. We also believe that the tenure period of board members is fundamental in realising their full potential and contribution to these entities. It proposes a standardised appointment period of a three-year cycle and thereafter a board member will be eligible for reappointment for a further three years. We also believe that this approach will allow board members to realise their full potential in contributing towards achieving the objectives of entities while the department will get value for money.
Hon members, in summary, the Bill seeks to standardise practices within entities by streamlining the processes of selection and appointments of board members and CEOs of entities. Particularly, it will ensure uniformity in the appointment of CEOs with more emphasis on the consultation between the Minister of Transport and relevant boards, prior to appointment. Quite noticeably, the Bill also emphasises the need to appoint and deploy senior departmental officials, as and when required, in order to ensure harmony between national policy directives and the strategic objectives of these entities, with a view to strengthening the oversight responsibility of the Department of Transport. The signing of the performance agreements with these entities will also be central in the amending Bill, which is in line with the Public Finance Management Act.
Hon members, let us all remember that the principal objective of this Bill is to amend the principal Acts that established the following entities: The Cross-border Road Transport Agency; the South African Maritime Safety Authority; the South African National Roads Agency Limited; the Transport Appeals Tribunal; the South African Civil Aviation Authority; the Road Traffic Management Corporation, and the National Railway Safety Regulator. Therefore, the amendment before this House included a lengthy process of consultation with all these entities and our stakeholders. Simply put, it is through this Bill that we will be able to set the same rules of the game for all transport entities.
Madam Speaker, I request this august NA to pass this Bill, please. Thank you.
Mr J P CRONIN: Thank you, Madam Speaker. During the first democratic Parliament of 1994 to 1999, all government departments were, understandably, actively restructuring themselves. Now, this restructuring sometimes took the form of the creation of dozens of new stand-alone agencies, often with a corporate or quasi-corporate character, each with its own board and its own CEO, usually with quite nice plush head offices somewhere in Sandton or Midrand or Centurion.
In the course of staffing these agencies, many senior personnel were often lost to departments, and there was a loss of capacity sometimes and of institutional memory within departments themselves. It would be wrong, I think, to generalise too easily. Some of these new entities have performed very well, particularly in the case of entities with good leaderships and clear mandates. But others, including some in the transport sector, have often performed in a rather mediocre fashion, if the truth be told.
The creation of relatively independent entities has also often resulted in a lack of executive coherence, parallelism, uncertainty about who is doing what, and dangers of fragmentation.
Now, this is not a uniquely South African problem. In fact, in this period of 1994 to 1999, our country was often awash with consultants coming from the UK, from Australia and places like that. And, they were often telling us to corporatise and to fragment government in this way. In those countries themselves now, they are busy with the painful process of trying to “reknit government”, as they call it. Since taking over this portfolio, Minister Radebe has been working hard, I think, to ensure much more effective departmental oversight, supervision, strategic guidance and assistance to the dozen or so transport entities that fall under our budget. As a committee, we have detected a distinct improvement in the performance of some of these entities.
This amending Bill, as you have said, takes the process a step forward. The Transport General Laws Amendment Bill in front of us deals with six transport agencies, and you have listed them. We would particularly like to welcome the provisions in this amending Bill that provide for the Minister to conclude performance agreements with the various entities. This should improve the reknitting that we have referred to and enhance the output of these agencies, and it will also help us as a committee in our oversight work. If we have an understanding of what the performance agreements are, we will be better able to measure what they are doing or not doing, as the case may be.
We would like to thank the staff of the Department of Transport, who came and accompanied us through the process of working on this amending Bill, and also thank the state law advisers. When you are amending six or seven principal Acts it is quite a complicated effort in terms of cross- referencing, and they really helped us.
Specifically, when we looked, as a committee, at the amending Bill, we spent some time carefully scrutinising the spread of competencies that the principal Acts envisaged in regard to the respective boards. In this regard, we have introduced, at the committee level, several amendments. In the case of the board of the SA Maritime Safety Authority, Samsa, we have added organised labour as a sector that we believe should be represented on the board. The safety of seafarers and others working in the maritime environment is a very key central mandate of Samsa, and it surely makes sense to ensure that an organised labour presence is on the board.
When it came to the Road Traffic Management Corporation, we could not understand why members of the board required expertise in the field of, to quote the principal Act, “commercial banking and financing”. We couldn’t understand that. So we referred back to the objectives in the principal Act and that helped to explain the mystery. I should say that it was the hon Patricia de Lille who was chairing the committee at that stage, so we claim no responsibility for this.
At that stage, it was envisaged that the Road Traffic Management Corporation would “phase out all public funding and phase in private-sector investment in road traffic on a competitive basis” - I’m not quite sure what that means – and “introduce commercial management principles to inform and guide road traffic governance and decision-making”. Minister, we resisted the temptation of actually, then and there, amending this aspect of the principal Act – that is, the objectives of the corporation. But, in describing the desirable competencies of the board of the RTMC, we thought that we should rather focus not on commercial banking – we’re not sure what that’s doing in the RTMC – but on the core functions of the RTMC. So, corporate governance is an important requirement. Regarding information technology, the RTMC is the entity now charged with eNaTIS, and we know that there are quite a lot of challenges on that front and they relate to IT. And there are, of course, competencies in regard to road traffic management.
With these friendly amendments - and the colleagues from the department were in agreement with the amendments we were proposing; these amendments that we introduced during the committee stage to the amending Bill – the ANC certainly strongly supports the amending Bill.
I’m also in possession of the speech that the hon Stuart Farrow, on behalf of the DA, was going to deliver. He kindly provided me with a copy. I noticed that the DA firmly and also warmly supports this Bill. If I could be allowed another seven minutes, I could talk on behalf of the DA, but I will resist that temptation. Thank you, Speaker. [Applause.]
Mr E J LUCAS: Madam Speaker, I must say upfront that I was not the IFP representative on this committee. My speech is solely based on reports I’ve read and discussions I have had with our study group. We do believe that there was wide consultation on this subject, and many of the inputs were taken into consideration.
The Bill’s objective is to provide for the appointment of members to various boards on recommendation by the Minister. It is essential that the competent members be appointed to the various boards. There is also provision for the extension of terms of office for board members in order to process the appointment of new members.
We welcome the performance agreement which will measure financial achievements of objectives, accountability and business planning performances. This will assist the Minister to ensure that the objectives set out are achieved. The IFP supports the amending Bill. Thank you.
Ms N C NKABINDE: Madam Speaker, hon members, the Bill before us relates to the appointment of the board as well as some related matters of the agencies that report to the Department of Transport. These agencies are the Cross-Border Roads Transport Agency; the SA Maritime Safety Authority; SA National Roads Agency Limited; SA Civil Aviation Authority; the Road Traffic Management Corporation and the Railway Safety Regulator.
As can be seen from the extensive list, these agencies are responsible for a wide range of very important and indeed complex transport issues. Each of these agencies is governed by separate Acts, and the Bill before us consequently amends each of these Acts.
The importance of the work of these agencies cannot be exaggerated, and it is therefore vital that the functions and the appointment of their boards and management structures are not unduly interrupted or delayed.
Under the current dispensation there are overly complex and time-consuming procedures that affect these appointment processes. Therefore, the Bill seeks to streamline this. The Bill also seeks to establish uniformity across these agencies as far as these processes are concerned.
The UDM concurs with the objectives of the Bill and therefore supports it. Thank you. [Applause.]
Mr S N SWART: Madam Speaker, hon Minister, as has been pointed out, the main objective of this amending Bill is to short-circuit and improve the currently cumbersome process of appointing board members. The amendment further clarifies the specific skills and expertise required of board members and the necessity of performance agreements, as well as setting out the tenure of the chief executive officers and the board members. In the run-up to the 2010 Soccer World Cup there are clearly huge challenges regarding transport infrastructure and we undoubtedly need persons with the necessary qualification, skills, expertise or experience to sit on the boards of these various entities. Performance agreements will assist in ensuring that board members are diligent in performing their duties which, as we understand in certain cases, has lacked in the past.
The ACDP supports these provisions as well as the provision that requires that Parliament will have oversight and must be informed about board appointments as it will then be able to exercise its oversight function.
The ACDP supports the provisions of this amending Bill. I thank you.
Mr R B BHOOLA: Madam Speaker, the MF welcomes the amendments and provisions that appear to bring a number of places of transport legislation under one roof and clearly streamline the management and the appointment of board members and the chief executive officers. It is extremely important to maintain a system of checks and balances throughout our bureaucracy and to ensure their preservation against the autonomy of power.
In line with the expansions for the 2010 football games to be hosted in South Africa, the country has been expediting much road work throughout the provinces. While motorists may be disgruntled by this inconvenience of traffic throughout the day, the MF feels that an appeal has to be made that these are in preparation of the upcoming games and in developing South African road transport.
We use this platform to call on motorists and pedestrians to take heed when using our roads and to invest in our Arrive Alive campaign. We would also like to again invite motorists to use their headlights on a 24/7 basis.
The MF will support the Bill. Thank you.
The MINISTER OF TRANSPORT: Madam Speaker, hon members, in view of the comments we should all remember that this Bill will definitely transform these entities into robust machines of service delivery. It will also ensure the streamlining and appointment processes and procedures, and remove certain limitations to service delivery.
Above all, it will boost performance through strict monitoring of performance agreements with entities, as well as harmonise national policy directives with the strategic objectives. Finally, we will also have one point of reference in the form of this Bill.
In conclusion, I wish to restate that this House will not have erred by putting its stamp of approval on this Bill. Ngiyabonga. Thank you. [Applause.]
Debate concluded.
Bill read a second time.
THE NEED OF REALISING SUSTAINABLE HUMAN SETTLEMENTS WITH ACCESS TO LIVELIHOODS, PROPER RECREATION, EDUCATION, HEALTH, ARTS AND CULTURE, AS
WELL AS BASIC SERVICES SUCH AS SANITATION, CLEAN RUNNING WATER AND
ELECTRICITY SO THAT THE DIGNITY OF OUR PEOPLE IS RESTORED
(Subject for Discussion)
Ms C C SEPTEMBER: Madam Speaker, over the years this concept of sustainable human settlements has been broadened to become a framework for an overall national socioeconomic development in the context of formulating global shelter strategies. It is now contended that sustainable human settlements are the special dimension as well as the physical expression of economic and social activity.
No creative act takes place without being influenced by conditions of settlement. In turn, the creation of workable human settlements inevitably becomes an objective of and an indicator and pre-requisite for social and economic development.
Settlements are objectives of the development in that places where people can live, learn and work in conditions of safety, and comfort and efficiency are fundamental and elementary needs. Settlements are also an indicator in that they are the most visible expressions of society’s ability to satisfy some of the fundamental needs of its members. They can mark accomplishment, as well as expose destitution, neglect and inequality.
Sustainable human settlements are a prerequisite for social and economic development. We are reminded that sustainable human settlement means the totality of the human community, whether in the city, the town or the village with all social, material, organisational, spiritual and cultural elements that sustain it. The fabric of human settlements consists of physical elements and services to which these elements provide the material support.
Issues surrounding the sustainability of human settlements are a human rights issue. Reinforcing the right of every woman, man, youth and child to sustainable human settlements is universal. Human rights standards are defined in the Universal Declaration of Human Rights, CIDO - the international governance convention - and the other widely adhered to human rights treaties and declarations. Powerful tools that must be put to use in implementing are also the Habitat Agenda and the commitments that all of us made in Rio, Cairo, Copenhagen and Beijing.
The human rights issues, inter alia, are the human right to adequate housing, to safe and healthy environments, to development, to an attainable standard of health, standard of living, including access to adequate food, water and sanitation, including energy for cooking, eating and lighting, basic services, school transportation and employment opportunities, as well as the human right of the child to live in an environment appropriate for physical and mental development; the human right to work and receive wages that contribute to an adequate standard of living; the human right to freedom from discrimination based on race, sex and any other status; the human right to equal access to education and information.
Conscious attempts to align South African settlements with the precepts for sustainable human settlements as outlined in Chapter 7 of Agenda 21 of the UN Conference on Environment and Development, began with the democratic elections in 1994 and the subsequent drafting of settlement-related policies and legislation that sought to address the segregated nature of the country’s economy. South Africa’s experience in implementing Agenda 21 with regard to sustainable human settlements has been determined by the provision of social services and infrastructure to the poor and formerly disadvantaged communities in the country, and the structure and the nature of government and nongovernmental organisations responsible for effecting change to South African settlements. As such, Africa’s response for creating sustainable settlements has focused on three of the programme areas that are indeed outlined in Chapter 7 of Agenda 21. They are the provision of adequate shelter for all; the improvement of human settlement management and the promotion of sustainable land use management.
The state of human settlements in South Africa as far back as 1992 was such that colonial and apartheid planning had left an extremely negative legacy in the settlements of South Africa. High levels of poverty among urban and rural communities were linked to the high levels of unemployment and a lack of social stability. In many cases there was a lack of access to even the most basic municipal services, limited or no access for the poor to land for housing, and a highly destabilised housing environment. Poor environmental quality of these settlements was exacerbated by the lack of basic services.
The above factors and many more had resulted in 1992 in a situation where South African human settlements were characterised by spatial separation of residential areas according to class and population groups. This was accompanied by the desperate levels of service provision, urban sprawl, low levels of service provision, low levels of suburban population density and the concentration of the poor in relatively high density areas on the urban peripheries, which were often environmentally inhospitable.
South Africa and indeed the rest of the developing world are faced with a multiplicity of challenges addressing sustainable development. It is within the context of these multiple challenges that the Johannesburg Plan of Implementation was formulated and these principles were further augmented by the UN habitat strategy for the implementation of what we all now refer to as the MDGs, or the Millennium Development Goals, that set us all the different targets.
Priority areas within the national governments may draw their development strategies to achieve sustainable human settlements. These would include provision of adequate shelter for all, improved human settlement management, the promotion of integrated provision of environmental infrastructure, and they would also include water, sanitation, drainage and solid waste management.
At the recent ANC policy conference this year, the ANC recognised that one of the most significant constraints to accelerated and shared growth remains the spatial distortions created by apartheid. On the other hand, it is common in all capitalist societies for growth and development to be highly skewed and concentrated in a small geographic space. On the other hand again, apartheid spatial planning deliberately exacerbated these tendencies, ensuring that people would be located far from social and economic opportunities, denying many people access to opportunities of employment, wealth creation and social progress.
We must act decisively to reverse the pattern of spatial marginalisation at all levels. It also means government should target its social and economic investments in localities that will become major centres of growth in South Africa.
Parliament needs to look at legislative reform and all these different areas so that we realise sustainable human settlement. Committees in Parliament must, in their various clusters and in the individual committees, see what oversight needs to be done with regard to all of that. And indeed, we need to look at policy formulation from time to time. But, we must participate in such a way that we can use the oversight tool that is there in Parliament, for us to realise and ensure that indeed we can live up to creating a situation where we can say South Africa has arrived with regard to sustainable human settlements.
I thank you, Madam Speaker.
Mrs I MARS: Madam Speaker, firstly, I would like to thank the hon September and I think the debate could not have come at a more appropriate time, as public frustration with government service delivery is at boiling point in numerous communities across the country. We’ve even had the Public Protector recently announcing that his office would launch a special investigation into service delivery and the protests as a result thereof.
Clearly, public frustration of this magnitude spells danger for our young democracy, as social instability could lead to destabilisation of the democratic state and its institutions. It is something we must all guard against vigorously. The public frustration with service delivery is understandable, if one remembers that the housing backlog is not being eradicated quickly enough. Millions of people still have no running water, sanitation or electricity and that informal settlements have grown at the quickest pace.
It would be disingenuous to suggest that government has failed completely in service delivery, but we must also acknowledge that the pace of service delivery is too slow and leads to disillusionment and frustration amongst the poor. Also, how can we reasonably expect a person with no access to housing, basic services and other amenities to live a life of dignity and honour? The hon September, in introducing this debate, referred to creating sustainable human settlements to restore dignity, and the IFP agrees with her on the absolute need for this and we would just like to take this further. We would suggest creating sustainable human settlements especially in the rural areas of our country. We know that rural areas remain underdeveloped and that a lack of infrastructure and services is increasingly driving people to the city. This exacerbates the problem of unemployment, and urban schools have already experienced that.
If rural areas were included more in developmental action, it would alleviate some of the pressures being experienced by the cities. What rural areas need are proper roads, sanitation, water provision, electricity, telecommunications and the creation of job opportunities for our local communities. If these aspects could be put in place, rural communities would have the opportunity to fight their own way out of poverty.
Rural communities also need improvement in services, such as health and education, and they certainly need public facilities services such as Home Affairs offices, to access the benefits of state interventions in places where this is most needed. Multipurpose centres should go to all these communities to enable them to participate in those things that are their right. If the infrastructure and services in rural areas are improved it could reasonably be expected that investment and businesses would increase there by creating jobs, and that local economic growth will have positive spin-offs, not only for the community but for all of us.
Madam Speaker, our Constitution guarantees everyone the same rights and no distinctions are made between a person living in the city and a person living in the rural areas. The inhabitants of rural areas, therefore, have the same rights to dignity as other citizens and they do have the same expectations. But only concerted efforts on the part of all of us to do more for rural development would mean that the citizens of rural areas could have their dignity restored. Thank you.
Ms S N SIGCAU: Madam Speaker and hon members, housing is the central pillar of basic service delivery that provides the anchor for other basic service deliveries such as electricity and potable water. Despite the valiant efforts involved in building or subsidising about two million houses since 1994, the department faces an uphill battle to catch up with the housing backlog.
Population growth, massive urbanisation and the mushrooming of informal settlements create an ever-increasing demand for decent housing. A housing backlog in excess of 2,8 million units and growing is cause for great concern. The rapid growth of housing in certain areas also leads to environmental degradation and it means that those settlements are not sustainable in the long run. The UDM remains convinced that large-scale and co-ordinated infrastructure development is the only answer to this complicated issue.
Inequality in economic and infrastructure development leads to massive urbanisation and migration towards those areas that are perceived to be offering the best services and opportunities, which results in further strain on the resources there. Once government has begun to eradicate the economic and infrastructure backlog in certain cities, regions and rural areas will see a more manageable and sustainable development trajectory for housing and service delivery in general. Thank you, Madam Speaker.
Mrs Z A KOTA: Madam Speaker, Madam Mars – you can’t speak here and say the government is taking too long - we are dealing with unlimited needs and limited resources. So, the huge backlog that this government is dealing with is something that we have to take into account.
In September 2000, at the UN Millennium Summit, world leaders agreed to set time-bound and measurable goals and targets for combating poverty, hunger, disease, illiteracy, environmental degradation, and discrimination against women. Placed at the heart of the global agenda for the 21st century was the Millennium Declaration which was adopted by 189 nations. The Millennium Declaration contains eight goals, with 18 related targets, and 48 indicators, which have to be achieved by 2015.
Parliament is a critical role-player in overseeing the implementation of the MDGs by government because of its unique legislative oversight and budgetary authority. In his state of the nation address President Thabo Mbeki said that government remained committed to intensifying the housing programme. This was also shown by the increase in the budget allocation for housing. Furthermore the President emphasised the need for the speeding up of the eradication of informal settlements in South Africa, in line with the MDGs of 2015. He added that this fast-tracking must integrate communities and build a nonracial society.
The ANC-led government has approved more than two million housing subsidies between 1994 and mid-2006. The quantity of housing provision is unprecedented in South African history. To build on this foundation, government has adopted an integrated human settlement programme for the next decade. In addition to the speeding up of the delivery of housing the programme is aimed at making new developments more sustainable, and integrating them with other social amenities and, in so doing, improving access of residents to economic opportunities.
Work is also being done to expedite delivery of shelter to the most vulnerable and those in distress. This happens when communities are confronted with natural disasters, especially as we are confronted with the issue of global warming. Taken together with the issues of land restitution and land redistribution and tenure reform, the housing programme has seen the transferring of billions of rands’ worth of assets to the poor. Much still needs to be done to reach out to all those who have not yet benefited from those government programmes in ensuring the provision of housing and land is undertaken with communities in an integrated and sustainable manner.
However, there are a number of challenges with regard to land acquisition for housing purposes. There are a number of pieces of legislation that prohibit the housing department from delivering houses in an integrated manner, especially with regard to allocated land. These pieces of legislation are the Development Facilitating Act, Act 67 of 1995, and the Less Formal Township Establishment Act of 1991, which must be repealed. There are a number of other laws that are blocking the process of housing delivery. The Departments of Land Affairs and of Housing must work together to review these pieces of legislation.
Land is a public good, and the state is a custodian of land. It needs to provide land for the poor. It must determine priorities for the land, and not the private sector. We can’t integrate our communities on 13% of land, while 87% still resides in the past. Provincial ordinances must be scrutinised, including municipal bylaws. They must be in line with the Breaking New Ground Strategy if we are to succeed in integrating our communities.
The challenge of providing houses is also coupled with the issue of related services, meaning that central planning is critical at government level. When houses are built, there should be schools, parks, clinics, police stations, roads and trading areas so that when we build houses, we build communities. Provision of houses must create an enabling environment for the provision of basic services, water, electricity, sanitation and so forth.
We welcome the government’s commitment in ensuring that by the end of 2007 no community will still be using the bucket system for sanitation, and that all communities have clean water and decent sanitation by 2010. They must have electricity by 2012. These are the targets which are measurable, and we as Members as Parliament need to monitor them in our respective constituencies.
Yesterday, we had a housing dialogue focusing on the issue of the people’s housing process. It became clear to us that domestic workers of Sea Point, Muizenberg, Claremont and Kenilworth are saving because they want to build houses closer to their places of work, but the critical aspect is that there is no land available for them to build houses. It is critical that we assist these people because, at the end of the day, domestic workers are critical people in terms of making us able to do our work. If we don’t provide them with resources to have accommodation so that their children also have their dignity, it is not useful to say that we can integrate our communities when we say that domestic workers must stay in Delft or in far- off areas.
It means that, as a caring government, we must be able to assist these people. We are happy that the provincial government in the Western Cape is saying that it is going to assist them. We are calling upon Cape Town Municipality to also join in assisting these people in building those houses. We understand that we have the Social Housing Bill that is coming up, which will assist people who are not able to rent on the free market, but even that piece of legislation does not accommodate domestic workers.
We are saying that, as government, we should find an instrument that will assist domestic workers also to be part and parcel of living closer to their places of work. The ANC government is always committed to assisting its people, and we believe that the issue of domestic workers will be looked at by us. Before passing that Social Housing Bill we will ensure that there is an instrument that will accommodate this cry of domestic workers; we are also not forgetting the issue of farmworkers, as we do so.
In conclusion, we thank the social cluster for having this debate here today, because we feel that the ANC government is committed to bringing about a better life for all our people. Thank you. [Applause.]
Mrs C DUDLEY: Madam Speaker, sustainable human settlements with necessary amenities and services make obvious practical sense, and will help in developing fully functional communities. Health, education, socioeconomic and recreational facilities are essential aspects of community life, and without them, communities exist without hope of improving their circumstances. Projects aimed at addressing the ever- increasing desperate situations in our cities, where large percentages of millions of inhabitants lack access to basic services and amenities, including housing, offer some hope.
However, these and similar projects must be accelerated and carefully monitored. Capacity must be beefed up, and funding made available. Quality, affordable, sustainable and suitable housing must also include the renovating and managing of existing housing and flats for rent. Provincial subsidies, grant funding and loan funding are all key in order to provide affordable and quality housing for the people of South Africa. A strong emphasis must be placed on the development of mixed density, low-cost housing units, targeting households earning between R1 500 and R7 500 per month.
Housing backlogs in our cities are of course accentuated by continued migration, and low-cost housing presents a particularly daunting challenge in this regard. Sustainable human settlements with essential amenities and services in order to restore the dignity of our people are long overdue. I thank you.
Mr L R R REID: Madam Speaker, hon members, my contribution to this debate is to look at what role sport and recreation can play to bring about sustainable human settlement. The RDP correctly states:
One of the cruellest legacies of apartheid is its distortion of sport and recreation in our society, the enforced segregation of these activities and the gross neglect in providing facilities for the majority of South Africa’s people. This has denied millions of people, and particularly our youth, the right to a normal and a healthy life. The old way of planning settlements for black people used to be to throw them away, forget about them and let them live in squalor - far removed from everything. Blacks were simply dumped in those areas with no access to basic services and amenities.
In apartheid South Africa the white sections of towns were properly developed. Houses in these sections were built in the best areas, with all the necessary infrastructure and access to water and sanitation, electricity and First World sporting facilities that included stadia with turf tracks and indoor sports facilities.
At the same time, there was absolutely no such infrastructure in black areas. Communities in black areas often had to put up sports fields themselves, even on gravel tracks. These sports fields were not fenced and there was no electricity or water.
Previously, there were integrated communities who played on these sports fields. For example, here in the Western Province, that was the pride of the old SA Rugby Union; they played at the Green Point Stadium. But the infamous Group Areas Act put an end to all that. Blacks were gradually moved farther and farther away from towns - up the hills and later over the hills. [Laughter.] Communities were uprooted; for example, those in District Six. These people were moved to areas that had no sporting facilities. Furthermore, the Separate Amenities Act denied blacks access to certain facilities in town. The White Paper on Sport and Recreation of South Africa states: “The challenge in the provision of facilities in South Africa is not simply about a shortage of facilities but rather the location of these facilities.” It is for this reason that Sport and Recreation South Africa, through the building of a sport and recreation programme, has built sporting facilities right across the country, and especially in the communities, that ensure that the masses of our people have access to these facilities. Even the smallest community like rural Klaarstroom in the Karoo region has a sports field.
Here in Cape Town the Blue Downs Stadium and the stadium between Mitchells Plain and Khayelitsha are examples of those being built in the communities. The latter stadia will unite the communities of Khayelitsha and Mitchells Plain. As a result of a lack of sports facilities in Khayelitsha the youth in that area turn to drugs, gangsterism and crime.
These new stadia will help to create a safer community because the youth will now be able to participate in sport. [Applause.] This, because there were no sporting facilities where they could play home matches and therefore they were forced to play away games at great cost. This problem will now be addressed by this new stadium.
The 2010 Fifa World Cup will have an impact on the expansion of transport networks such as the Moloto Rail Corridor, the Klipfontein Rail Corridor and the Gautrain. Other spin-offs will be the provision of services to poor communities at grassroots level and on a mass participation basis. The building of these facilities will also create jobs, as will their maintenance. This will help turn back the frontiers of poverty.
The building of these multipurpose sports facilities, together with the multipurpose centres, will ensure that communities now have access to recreational activities such as mass participation programmes in their communities.
To ensure sustainable human settlement, local government in general and town planners in particular must ensure that through proper planning the people must have access to basic needs. There must be sufficient open spaces or green areas such as parks. No human settlement can be sustainable without proper sport and recreational facilities that are accessible to our people. I therefore want to urge communities to actively participate in the IDP processes at local government level to ensure that through the Municipal Infrastructure Grant more facilities are built in close proximity to where people live.
The provision of sports facilities together with decent housing will help water and sanitation, local economic development, road transport and education facilities to go a long way towards realising sustainable human settlement and restore the dignity of our people.
I thank you, Madam Speaker. [Applause.]
The SPEAKER: Order! Hon members, before I call on the next speaker, I wish to take this opportunity, on that note of sports and the dignity of our people, to give a rugby update. The information is that the Parliamentary Rugby team played the last game just now and they have beaten England 19-0. [Applause.]
Mr R B BHOOLA: Madam Speaker, South Africa will always be a sporting and a winning nation. When we became a democracy we made a promise to the South African people that we shall bring to them a better life, equality, freedom and opportunity.
The MF acknowledges that South Africa has made great progress over the past 13 years. It is reported in our forthcoming South Africa Survey that living conditions have improved overall and that 88% of households had potable water in 2005. However, this does not excuse the many homeless and shanty- town domiciles that have little or no sanitation as well as minimal access to potable water.
The MF also feels that it is not a condition that we may accept a delayed delivery upon. There are living conditions that human beings are being forced to live under. It is inhumane and we need to speed up delivery. We cannot allow any backlogs or frozen funds, or unreliable contractors to sabotage our progress. We need to adopt an urgent delivery approach to this matter. This reminds me, Madam Speaker, of the profound words of Mahatma Gandhi, that as long as there are tears and suffering our work is not over.
I thank you.
Ms M N S MANANA: Madam Speaker, the Minister present and hon members, access to safe and healthy shelter is essential to a person’s physical, psychological, social and economic wellbeing and should be a fundamental part of national and international action. The right to adequate housing as a basic human right is enshrined in the Universal Declaration of Human Rights and the International Convention on Economic, Social and Cultural Rights. Despite this, it is estimated that at present at least one billion people do not have access to safe and healthy shelter and that, if appropriate action is not taken, this number will increase drastically by the end of the century and beyond.
The overall sustainable human settlement objective is to improve the social, economic and environmental quality of human settlements and the living and working environment of all people, in particular the urban and rural poor. Such improvement should be based on technical corporation activities, partnership among the public, private and community sectors and participation in the decision-making process by community groups and special interest groups such as women, indigenous people, the elderly and the disabled.
The Department of Housing is at the forefront of the National Agenda for the delivery of housing and the ANC-led government is taking the overall responsibility for providing houses to all. It is well known that government inherited a critical housing shortage, with the 1996 census reflecting a housing backlog of 2,2 million. The Department of Housing has built 2,8 million housing units, providing more than five million people with secured homes.
The Human Settlement Redevelopment Programme initiated in 1999 aims at improving the quality of the urban environment and redresses the imbalances and backlogs inherited from the apartheid government. These involve yearly roll-on housing development plans spanning all three tiers of government. So far government has spent more than 40 million in 15 areas in all nine provinces in the human settlement programme.
On health issues, since 1994, the Department of Health has been radically transforming the increased access to the poor, improving quality and making the system more cost-effective; free health services are now offered at public primary health care clinics and community health care centres across the country. Up until now the Department of Health has built more than 700 clinics and upgraded 298 clinics. There are now more than 3 500 clinics in the public sector. Free health care for children under six years and for pregnant and breastfeeding mothers is also available at these clinics.
Over the past years the health sector has undergone a rapid change to make it more equitable and accessible to the needy. A district-based health system is being developed to ensure local level control of public health services and to standardise and co-ordinate basic health services around the country to ensure that health care is affordable and accessible to everyone.
Regarding the water issues, 19% of the population still lack access to safe water and 33% lack basic sanitation services. Public institutions also suffer from the lack of access to safe water and sanitation services. Fifty- nine percent of all schools and clinics lack access to acceptable sanitation facilities while 27% of all the schools and 48% of all the clinics lack access to safe water supply.
Water-related epidemics and diseases such as cholera, diarrhoea and others occur in South Africa. Malaria is also a common disease. Between 2000 and 2004 there were 7 854 reported incidents of malaria infections, 875 of which ended with fatality. Each year some 2,5 million people fall ill with bilharzia, of whom about 10% are severely infected although only a few die of this disease.
The free basic water programme to ensure access to effective water supply and sanitation services in association with the access to health and services, plays a major role in addressing water-related diseases and improving the health and quality of life of all. The ANC government is also promoting improved hygiene practices through national programme campaigns and education awareness at schools and in communities.
Furthermore, the provision of free basic water to the poor has become a national policy since 2000. This programme aims to ensure that poor households receive six kilolitres of free basic water per month. Beyond this basic allowance, users must pay for their consumption. The programme is being progressively implemented by the Water Services Authorities and over 76% of the population already receive access to their free basic water. Progress has been made to ensure access to water supply and sanitation. [Time expired.][Applause.]
Mr L M GREEN: Madam Speaker, the need for sustainable human settlements will remain a priority for our nation and for our government for a very long time. Thirteen years into our new democracy we must continue to pursue our people’s needs and desire for sustainable human settlements. Throughout the year local governments throughout our country had to fight fires and deal with floods in predominantly informal settlements. This year’s winter has brought great misery to certain areas where houses have been built in high-water catchment areas.
It is reported that earlier this year about 15 000 people were affected by the heavy rains in the Cape Peninsula and that about 49 residential areas, mainly in the informal settlements, have indicated a need for assistance. According to the MEC for Local Government of the Western Cape, there were about 306 fires in informal settlements last year, which affected the lives of more than 3 000 families.
People ought to have access to basic services such as water, sanitation, education, transport, economic opportunities and a healthy lifestyle. Local and provincial governments must take stronger action to ensure that human migration activities to certain areas subscribe to criteria governing human settlements. Failing to do this, government should take responsibility if people are allowed to locate in conditions that do not subscribe to sustainable living standards.
In conclusion, there are a number of informal settlements throughout the country that need to be upgraded, especially where the land is suitable for human habitation, rather than uprooting and relocating people to other areas. Greater participatory relations are needed between local and provincial governments and communities to design a framework on how to improve the human conditions in especially informal areas. Thank you.
Mr B MTHEMBU: Madam Speaker and hon members, the need for sustainable human settlements is informed by the type of society we seek to create, as articulated in the Freedom Charter. The Freedom Charter says:
There shall be houses, security and comfort. All people shall have the right to live where they choose, be decently housed and to bring up their families in comfort and security. Unused housing space to be made available to the people; rent and price shall be lowered; slums shall be demolished, new suburbs built where all have transport, roads, lighting, playfields, crèches and social centres. Rest, leisure and recreation shall be the right for all. Fenced locations and ghettos shall be abolished.
The sustainability of settlement as envisioned in the Freedom Charter is a multidimensional challenge. It involves settlement dimensions, environmental conditions, economic viability, institutional ability and structure; social relations, values and aspirations. We talk of sustainable human settlement which is also being informed by the global moves to ensure that we bring a good life; all the goodies of a good life, which everybody is entitled to enjoy. We want sustainable human settlement which will be enjoyed not only by the current generation, but also by our children’s children. We want all the goodies of life through sustainable human settlement which will ensure that we enjoy life to its fullest.
When the ANC came into power in 1994 it promised to bring a better life for all and that all people shall have life in abundance.
There is a bias towards urban areas and I briefly just want to touch on the need for the creation of sustainable human settlements in rural areas.
On the Rustlers Valley farm, there is a farmworkers’ village called Naledi village. When the owner turned to tourism as a means of income, instead of evicting the 150 farmworkers who were living on his farm, he decided to place a chunk of his farm in a trust for the village and set about making them self-reliant. Naledi village is now a prosperous community that provides a range of services to other communities in that area. [Applause.]
In Witbank there is a Presidential project, unfortunately it is called Idingindoda, which is settled right in the town. It has single, double and three-roomed flats. It caters for blacks, whites and Indians. It is accessible, has shops, recreation and creates jobs. That is what the Freedom Charter states; new suburbs which will integrate and move forward in creating a new nation where we would all live together.
Similarly in the Mpumalanga province, along the N4 road to Mozambique, there stands a huge chunk of land that has been turned into a trust called Mjajane trust through the land restitution process. It is envisaged that this trust will form part of the tourist attraction; the beneficiaries will have shares in the hotels, built settlements, clinics, school facilities, and have access to investment and the Kruger National Park. Most importantly, those beneficiaries who want to farm will be given training.
These are the kinds of initiatives which are more innovative. They are trying to make human settlements in rural areas sustainable. They are trying to address the various aspects of life so that people can enjoy all the goodies of a good life; to have human settlement that is sustainable, that causes people to regain their dignity and to be emancipated from the indignities which they have suffered for so long.
The approaches promote active community participation in all aspects of social and economic life, strengthen social relations and economic participation by individuals, households and communities, and thus reduce poverty and hunger and achieve sustainable livelihoods. If we are to promote sustainable human settlements in rural areas we need to speed up ownership of property, especially land.
I want to argue that it is important, when we talk of sustainable human settlements, especially in rural areas, that the question of property rights, the question of land, the question of property assets, be addressed as soon as possible. A challenge that we have in rural areas is a shortage of land.
In conclusion, I want to say that it is important that we address the structural challenges, especially knowledge assets, through equitable and quality education in rural areas. Property assets and the acquisition of land are very critical. Most importantly, we need to create infrastructural development in rural areas; then we will be able to create an inclusive and caring society. In this way we will be able to curb the migration from rural areas to the urban areas that creates unplanned informal settlement. Thank you. [Applause.]
Ms C C SEPTEMBER: Chairperson, I would like to thank all the hon members that have participated in the debate. The responses received in the debate clearly emphasise the need for Parliament to look again at the role that it needs to play in the targets that have been set. If we look at all the targets that have been clearly set - the Millennium Development Goals - they are aimed at allowing us to go a long way in creating sustainable human settlements, and a very good role that Parliament can play is to ensure that when departments come with their annual reports, we can see whether we are indeed making strides in this manner. So, I think there’s quite a need for Parliament to find a focused way in regard to how it wants to ensure that we have sustainable human settlement, and to do so through looking at the targets that have been set by the President and also those that South Africa accepted in Johannesburg, the Millennium Development Goals, as well as numerous other targets.
Chairperson, allow me to take this opportunity – Madam speaker started it and I just want to finish it. Madam Speaker was informing the House on what our team did today, but Madam Speaker left out the other two results. Maybe it would be important to tell the House that the team started off by scoring 10-3 and that the team also won against France, and the score was 22-12. A very sustainable team we have there in France, and we should maybe do something when they come back.
Having listened to the scoring of the team, it’s important to also add also that one of the other methods of ensuring the completion of sustainable human settlement is to remind the House that today we are celebrating Arbor Day. And what better way of doing this than by ensuring that in all our different schools, clinics, townships, houses and everywhere, we plant a million trees in South Africa? And this year the Million Trees campaign has started with planting fruit trees so that we can ensure that we bring nutrition and we alleviate poverty where it grows. The challenge is for the House here today to double or better the million trees that have been set out by the President for us here today.
Thank you very much. [Applause.]
Debate concluded.
THE ROLE OF PARLIAMENTS IN STRIKING A BALANCE BETWEEN NATIONAL SECURITY, HUMAN SECURITY AND INDIVIDUAL FREEDOMS, AND IN AVERTING THE THREAT TO DEMOCRACY
(Debate on IPU Topic)
Mr L T LANDERS: Chairperson, as is the case in other countries like Canada, New Zealand, the USA and Australia, in South Africa, the oversight of our security and intelligence services is underpinned by legislation. South Africa has a rights-based Constitution which determines that our national security is subject to the authority of Parliament and the executive or the Cabinet.
The subject of today’s debate compels one to seek a clear definition of the concepts: national security and human security. The current definition of national security is: Freedom from fear and want. Implicit in this definition is human security or the need for the individual, as opposed to the state, to be free from danger, threats or insecurity, all of which are common basic human requirements. Human security, therefore, is a concept that affects the daily lives of each and every South African.
Set against this background, Parliament’s role and oversight function is significant. However, one needs to sound a warning. Someone once said that when watchdogs morph into lap dogs, lazy dogs or yellow dogs, the nation is in trouble. We know that in and of itself oversight does not necessarily safeguard or guarantee democracy or human security.
Indeed, our experience has shown that abuses can be committed by security services despite the existence of oversight. However, we also know that democracy and the security of a nation’s people are best served when Parliament and its oversight bodies not only have a clear and comprehensive legislative authority to act but also to do so in a robust and consistent fashion. This often requires integrity, wisdom and courage of parliamentarians in carrying out that oversight role.
The ANC has thus advocated for a democratic state with institutions based on the will of the people as being the only way to serve the wellbeing of all our citizens. The ANC’s perspective on national security is that all security apparatus should be rooted in and accountable to the communities in whose name they serve.
To this end, and in order to ensure their legitimate conduct, our Constitution provides an imperative that all members of our security services must act in accordance with our Constitution and the law. It is also an imperative that our intelligence services may not engage in party- political matters nor may they have loyalty to any political party or faction thereof.
The mandate of our security services, therefore, is to act in the national interest by contributing to and enhancing the security and welfare of all our citizens irrespective of party-political affiliations. In doing this, members of our security services must demonstrate allegiance to the Constitution and the law.
The events of “Terrible Tuesday”, commonly known as 9/11, give added significance to democratic accountability of our security services. Moreover, the presence of hard security matters such as terrorism, organised crime, people smuggling, drug trafficking and weapons smuggling, to name a but a few, impacts on our human security.
What exacerbates this, of course, is the globalisation of our world economy, which has placed enormous pressure on limited and fast diminishing resources such as energy, water, minerals and fertile land, which in turn results in increased competition and conflict. We also find ethnic, religious and ideological differences, as well as intolerance and polarisation added to the above.
A case in point is the attempts by outside interests to destabilise West Africa following the discovery of oil reserves in that region. It is an established fact that with energy shortages being imminent the use of hydrogen fuel as an energy source is now being seriously investigated.
Platinum is being advanced as a possible catalyst to convert hydrogen into the proposed new form of energy. Given that South Africa sits on some 86% of the world’s platinum reserves, it is necessary that we take steps to create stability in our region and continent and to protect such resources for the benefit of all our citizens.
Chairperson, if you would allow me to express a personal opinion at this point, it is my view that oversight of the security services as conducted by the committees and members of this Parliament is of the highest standard. However, the challenges facing this Parliament are to maintain the fine balance between secrecy and the constitutional rights of our citizens and to help place our government in a position to be the catalyst for stability and positive development in Africa. I thank you.
Mrs S A SEATON: Chairperson, the IFP would like to thank the presiding officers for scheduling this debate well in advance of the IPU’s annual conference in Geneva, Switzerland. This topic will be the subject of this panel discussion in October and again will be debated further at the IPU’s 118th Assembly in April 2008.
The main objective of today’s debate is to arrive at a common departure point for the SA Parliament when it participates in the assembly in October. We will be going there, not as individual political parties but as a collective delegation from Parliament.
The world in 2007 is an infinitely more dangerous and unstable place than the world of 20 or 30 years ago. The end of the balance achieved by two competing superpowers has led to the rise of more dictatorships, totalitarianism, regimes, wars, ethnic and religious conflicts, and ultimately the rise of international terrorism. As a result, democracy has come under sustained attack and in many parts of the world it has gone backwards rather that forwards.
In addition, human rights and individual freedoms have also come under attack. Even in the established democracies, a steady erosion of human rights and freedoms in the face of a greater perceived need for national security is apparent. This is even more so in those democracies that are targets for international terrorism. In some instances, these democracies have responded with national security measures that many consider antidemocratic and antifreedom. But they have been able to convince their public that some freedoms must be curtailed in order to protect the security of the state of the nation. This is not a new dilemma for democracies. The need for a trade-off between pursuing national security and human rights and freedoms is almost a given when democracies have come under attack. But there is also a contradiction. These democracies have struck the optimum balance between these competing needs. Their survival has been promoted while they have erred on the side of repressive national security measures and have experienced more problems of instability and even erosion of fundamental democratic values. What, then, is the role of parliaments in finding the balance?
We believe, as Mr Landers has just said, that there needs to be a check on the state and the potential abuse of power for position. Parliaments must execute their oversight responsibly and vigorously as representatives. We must check on the executive at all times. We cannot allow the executive to proceed and just do what they wish. We have to ensure that there is a balance continuously and that human rights are not abused in any way. We have to ensure that we do not accept half-baked answers and solutions; that the executive has completely seen this thing through and is doing what is right for the country as a whole; and that everybody in the country must be happy that they are in fact being taken care of.
I thank you, Chairperson.
Mr G T MADIKIZA: Chairperson and hon members, the intersection between national security and individual freedom has always been a problematic political phenomenon. For the greatest part of history, it was national security that trumped individual freedoms. With the advent of democracy and the attendant gradual entrenchment of individual freedoms, the question has been more vexed.
It is inarguable that individual freedoms cannot simply be suspended in the name of national security. Yet, it becomes a much more troubling question when the national security we are referring to includes averting directorates to democracy. In that context, it seems almost inevitable that individual freedoms cannot be the highest priority when the production of a democracy as a whole is paramount.
This argument presents a slippery slope because countries which claim to be legitimate democracies, whether they are the apartheid government in the 1980s or modern-day America, can engage in grave subversions of individual freedoms in the name of national security and averting threats to democracy. Undoubtedly, parliaments as institutions present some of the best bulwarks against this sort of abuse of power. It is only through parliamentary accountability that the national security can be balanced and monitored against individual freedoms.
It is in parliaments that this simple question can be asked: Can the threat to national security only be addressed and managed through the curtailment of individual freedoms because often, as is the case with any security establishment, there is overzealousness and eagerness to increase its own power and influence at the expense of individual freedoms? I thank you.
Dr A N LUTHULI: Chair, thank you for the opportunity to address you this afternoon. I will begin by outlining a political background perspective to the topic of discussion. The ANC has always articulated a clear vision of the role of democratic governance institutions and their role as legitimate platforms for representing the aspirations of the people. The ANC has thus advocated for a democratic state and institutions based on the will of the people - I refer you to the Freedom Charter - as the only way to secure the birthrights of all citizens without any regard to race, sex or beliefs.
The ANC’s perspective of national security, human and individual security is coined in a collective security for people without an overemphasis on individuality; this is due to the nature and character of the struggle for liberation which was and continues to be significantly based on a holistic liberation of the people. The security apparatus is therefore an integral part of such a thorough-going liberation character, whereas on the one hand the apartheid government security outlook was mainly meant to be the security of the state and its ruling elite, as well as the broader white minority group.
On the other hand, the security architecture being elaborated by the ANC is fundamentally driven by the notion of the security of the people. To further illustrate this point, the ANC policy on the Police Service states that the police must be accountable to the people whom they serve. It has been, and continues to be the view of the ANC that all security apparatus should be rooted in and accountable to the communities in whose names they serve.
The oversight role of Parliament should as such be driven by the aspirations of the people with regard to national security, human security and individual freedoms. This is derived from the Freedom Charter’s clarion call that the rights of the people shall be the same regardless of race, colour or sex. Within the ANC policy paradigm, human security and individual freedoms - as presented in this discussion topic - border on issues of human rights.
Then I will discuss the role of us as parliamentarians in striking a balance between national security, human security and individual freedoms, and in averting the threat to democracy. The role of Parliament as an oversight body over the executive and its role in providing checks and balances is an important role in fostering democratic and accountable governance. In this regard, the ANC always advocated a strong and effective Parliament capable of dealing with the great tasks of reconstruction, of overcoming the legacy of apartheid and of nation-building. This kind of perspective is the one that guides the ANC’s engagement with the role of parliaments in general.
On occasions that relate to engagement with international institutions like the Inter-Parliamentary Union, or IPU, on this subject, a combination of the ANC’s foreign policy perspective as well as its political position on the role of Parliament becomes the prevailing line of engagement. For instance, at the level of the IPU, which is mainly a dialogue platform, the ANC’s position on parliaments being important both for the oversight function over the executive and as a democratic platform for the expression of the interests of the people, remains the main point of departure. At the heart of this perspective is the importance of participatory democracy and mutual accountability, thus ensuring the ownership of democratic institutions by the people in averting the threat to democracy.
Accordingly, the struggle for an apartheid-free South Africa within the ANC perspective has always been about fundamental human rights. As such, human rights have been canonised as the cornerstone of the ANC’s foreign policy perspective. In addition, the foreign policy perspective of consolidating the African Agenda; ensuring peace and stability in Africa and in the world; creating partnerships for development; the south-south relations; the north-south relations; good governance; and creating a global situation where human rights are respected, guides the ANC’s approach to platforms such as the IPU. This, however, is not without the fact that there is a need for a strong and effective central government to handle national tasks such as defence and ensure the basic security of the country and the people. This further provides a mutually reinforcing approach of accountability and transparency of the executive towards the people while Parliament also ensures the executive’s accountability through a transparent and democratic platform.
The notion of a balance between the role of a parliament and its oversight towards the executive only emerges where there is not a clearly articulated vision between the legislative arm of the state and the executive arm of the state. Accordingly, instances of sensationalism in public debate and wild accusations aired under parliamentary privilege are potentially dangerous and could amount to a security risk with regard to issues of national security and defence.
The kind of balance that could be raised can only arrive under such circumstances, particularly when it comes to the security sector and intelligence. This is where parliaments should exercise their oversight role to a level of a broader strategic approach of ensuring first and foremost the security of people and the respect of civil liberties. There is, however, an absolute affirmation that parliamentary oversight of the security and intelligence services is a necessary and acceptable phenomenon in democratic societies. Parliamentary oversight in these areas of national security and defence, however, needs to be afforded the level of discreteness required, yet maintaining a good balance of upholding the constitutional prescriptions without posing a threat to democracy.
The kind of openness and accountability that the ANC has always fostered in constructing a democratic ethos in all spheres of government is derived from the notion that government must be the government of the people, by the people, for the people. It must be chosen by the people in free, fair and regular elections. This amplifies the point that the security architecture of South Africa and the role that Parliament is constitutionally mandated to play reinforces the ANC’s approach of the security of the people.
Consistent with these views, the ANC believes that the organs of government shall be accountable to Parliament and to the whole community. It is not their function to serve the interests of any party or sectional grouping.
Impartiality presupposes a balanced composition of the bodies concerned and sensitivity to the needs and aspirations of all sections of the community. The ANC further articulates its perspective on the role of Parliament in relation to both the Constitution and national security as stated in its principles for a democratic South Africa that the Constitution will make provision for a state of emergency to be declared when the life of the nation is threatened. Such power will be subject to strict controls by Parliament and the judiciary. The Constitution will provide for the recognition and the protection of fundamental rights during the period of emergency, as far as possible. This approach would as such be translated into all platforms engaged on these issues, like the IPU in this instance. I thank you.
Mr S N SWART: Chairperson, the ACDP believes that whilst it is imperative to take steps to combat international terrorism such as we have done with the passing of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, we need to be vigilant against excesses of state power, particularly where human security and individual freedoms are infringed upon.
Section 56 of the Constitution provides that Parliament must ensure that all executive organs of state are accountable to it and to maintain oversight over all organs of state. This includes the whole ambit of state security apparatus such as the police, defence force and intelligence agencies. We need, as parliamentarians, to ensure that our security services operate at all times lawfully and within the confines of our Constitution and the enabling legislation.
This is the basic question or the answer to the timeless question: Quis custodiet ipsos custodes? [Who will guard the guards?] The incident last year of the unlawful investigation of Mr Saki Macozoma by the NIA highlights the need for Parliament to exercise an effective oversight function over the security apparatus, particularly in this case, the intelligence sector. There must thus be oversight, but with the necessary degree of confidentiality to enable security organs to protect citizens and to avert any threats to our democracy. I thank you.
Ms S RAJBALLY: Chairperson, I quote the then Secretary-General of the UN, Kofi Annan, at the Workshop on Human Security held in Mongolia in 2000, where he defined human security:
Human security in its broadest sense embraces far more than the absence of violent conflict. It encompasses human rights, good governance, access to education and health care and ensuring that each individual has opportunities and choices to fulfil his or her own potential.
He described the building blocks of human security as, “freedom from want, freedom from fear and the freedom of future generations to inherit a healthy natural environment”.
South Africa has attained a democracy and we are signatories to many UN treaties that advocate the necessity to preserve human rights globally. On the African continent we have progressed with Nepad, the SADC and the PAP. We have a responsibility beyond our borders, and as one of the greatest democracies on the continent we cannot afford to turn a blind eye.
As a country we still have a long way to go before we overcome our challenges in health, education, poverty, and rural and urban land development. But we need to investigate how much of this we have inherited from our neighbours through the high rate of illegal immigrants that are tapping into our social benefits system. I thank you.
Mr B A D MARTINS: Chairperson, hon members, ladies and gentlemen, the Inter- Parliamentary Union topic for discussion and debate namely: “The role of parliaments in striking a balance between national security, human security and individual freedoms, and in averting the threat to democracy”, is an important one, as the contributions of previous speakers show.
Within the time at my disposal, I will make a few cursory remarks on some elements of the topic under discussion. History reveals that until the advent of the Second World War, in the main, what shaped relations among states was relatively straightforward, namely that nations needed military power to exert influence and security, and this was achieved mainly through military alliances.
In the second half of the 20th Century, however, the militarist dispensation was displaced by another system of relationships characterised by the UN rules governing international relations. These rules are based on dialogue, negotiations and collective decisions. Today, in the 21st century after the advent of globalisation, political, economic and national security relationships are becoming increasingly complex. Although international relations are still governed by traditional notions of military and political power, multilateral and regional relationships are increasingly playing a more important role.
In terms of national security, section 1 of the Constitution of the Republic of South Africa states, amongst other things, that the Republic of South Africa is one, sovereign, democratic state founded on:
(a) Human dignity, the achievement of equality and the advancement of human rights and freedoms. (b) Nonracialism and nonsexism. (c) Supremacy of the Constitution and the rule of law.
Furthermore, section 12(1), which deals with freedom and security of the person, states that:
Everyone has the right to freedom and security of the person, which includes the right –
(a) not to be deprived of freedom arbitrarily or without just cause;
(b) not to be detained without trial; (c) to be free from all forms of violence from either public or private sources.
As governments derive their rights and legitimacy from their citizens, it should first and foremost be citizens who should evaluate the role of parliaments in balancing national and human security and individual freedoms in the context of a democratic state. The oversight role of parliaments should thus be driven by the aspirations of citizens.
However, it should also be borne in mind that parliaments cannot take decisions on behalf of their governments. As the legitimate representatives of the constituency who elected them, parliamentarians have a constitutional mandate to fulfil; that of forming an important link between government, the public and civil society.
Critically linked to any decision-making process is the consultation process which should shape the nature and substance of decisions.
Furthermore, it is for governments to govern and to negotiate international treaties on behalf of states and it is the prerogative of parliaments to scrutinise government action, influence policies, ratify agreements and implement them through appropriate legislation and budget allocations, and also to oversee the implementation process as a whole. Finally, for democracy to thrive and flourish, it is important for electorates to keep an eye and a finger on the pulse of their governments, parliaments and judiciaries. I thank you. [Applause.]
PARLIAMENTARY OVERSIGHT OF STATE POLICIES ON FOREIGN AID
(Debate on IPU topic)
Ms J L FUBBS: Hon Chairperson, members of the House, parliamentary oversight of state policies on foreign aid is a very critical component of people’s participatory democracy. Indeed, I know that I am not just talking to myself, but all of us here in the House, and also in our country, broadly speaking, know that Members of Parliament have been entrusted to protect and ensure not only the sovereignty of the state, but also that the mission we actually came into Parliament on is effectively delivered to members of the public, the people of South Africa, our citizens.
Now what has this got to do with state policies on foreign aid? A great deal. The ANC has made it clear that development partners, otherwise known as recipient countries of aid, need to create an environment where these countries can author their own developmental framework. Just as we understood that our freedom could not be won by others, so too we understand that only our actual deliberations and development of programmes, when it comes to foreign aid supporting them, will be adopted and effectively implemented and accepted by the people of South Africa.
The challenge today in foreign aid is how to separate rhetoric from reality. Recipient countries know only too well how their achievement of independence has been undermined. This undermining has involved the privatisation of industry that robbed African countries of a key source of revenue. The conversion of these resources into shares held by foreigners has also placed unsustainable pressures on these economies.
What amounts to the impoverishment of African countries has led to huge foreign debts which in so many cases are exacerbated by foreign aid. This robbery, conducted with such impunity in Africa by the North, could arguably be interpreted as the first money-laundering exercise, and to boot, conducted by sovereign countries and not simple gangsters that we know today.
Having said this, though, it’s quite clear that the multilateral approach of the South African government, and indeed our people and country, in the pursuit of structural change in the Bretton Woods Institutions of the IMF and the World Bank, has in fact achieved some progress. This includes a recognition by these institutions that the ownership of programmes is essential, albeit not sufficient, for the effective achievement of things such as the Millennium Development Goals. In short, what do the Millennium Development Goals mean? They mean the eradication of poverty, not simply the alleviation thereof. They mean making history of the high infant mortality rate, increasing women’s empowerment, enhancing education, eradicating diseases like malaria, HIV/Aids and similar terrible diseases. They also mean, in fact, developing our institutions and looking at maternal welfare.
Our decision to reintegrate the South African economy with the global economy created unprecedented challenges in addressing the various pressures, risks and opportunities that derived from that process.
But, notwithstanding that, perhaps it was our own ideological preparation since 1912, expressed more recently in the Freedom Charter, in the RDP and indeed in the work that this Parliament has done and the policy that the ANC government has brought to bear on transforming the structures in our country, that recognised that foreign aid alone or foreign investment alone will not transform our country, but that we will require to develop programmes and to adjust ourselves fiscally to ensure that we create the fiscal space that will in turn enable us to allocate more funds socially and to governance mechanisms to ensure that we can implement our goal of eradicating poverty.
We have often heard of the so-called soft options and hard options. The North has a way of trying to impose its views on other countries. Some of us may call it peddling policy; the kind of thing that technocrats draw up and you hardly recognise. Now parliamentary oversight is critical in this. It is not only critical in the rest of Africa, but also right here in our own country.
What are portfolio committees, what is the finance committee, the Joint Budget Committee, doing about ensuring that indeed the allocations in the budget are aligned with the strategic plans, number one, and that in the very first place, these allocations reflect the policies of our party and government? What has this got to do with aid? A great deal, because so often we find even within our own budget that it has been distorted because certain programmes not transparently clear are being funded by foreign aid. So, we are not sure just how efficiently, how effectively, our own policies are working and what the impact is of that.
We are not saying we do not need foreign investment and that foreign aid only has a negative impact on a country. What we are saying is that it is increasingly important for us to be able to separate foreign aid, foreign investment, from our own direct generation of investment, our own revenue gained from the people of this country, and ensure that the two together are effectively used. So, we need to unpack that global amount of expenditure by departments and ensure that we know how much foreign aid is coming into the country.
The soft option on foreign aid and so on is often linked to phrases such as, not battle fatigue, but aid fatigue. I am sure many of us have heard on TV, we have read in the press, about donor countries saying Africa is a bottomless pit. Indeed, it wouldn’t have been so bottomless if they hadn’t taken the bottom away! But be that as it may, South Africa, as I’ve said before, has developed its own RDP and therefore it is no surprise that we feel a sense of ownership here.
But I want to alert members of this House to the other aspect of foreign aid that we should be mindful of. Foreign aid has not always been used only in a human rights manner for humanity; it has also been used, and more frequently, to achieve strategic imperialistic objectives. For example, what I am talking about is issues since the Second World War, for example the Marshall Plan. Long before that was to deliver bread in Germany it was motivated by the national security agenda of the United States. It was also motivated by the desire to prevent Soviet expansion.
Again, during the Cold War, funds were allocated in aid to Korea, South Korea, South Vietnam and even Zaire. And of course, we know more recently that Americans themselves funded people on whom today they have just dropped their bombs, trying to destroy the civil population.
Aid has also been used to promote regional security agendas in Egypt and Israel in support of Camp David accords and others. Again, what I want to point out is that aid, as I have said before, has had this strategic significance long before it was accepted by the Bretton Woods Institutions, and that global poverty was far more critical than anything else, and that eradicating global poverty would be their best insurance against any interpretation of terrorism.
It would be interesting to learn, for example, that they actually gave aid to the Democratic Republic of the Congo, or DRC, that really amounted to 82 cents in the dollar per capita; Ethiopia, $2,11 per capita; Egypt, $7,26 … and I am reeling these off. Consider the populations in these countries, consider the poverty in these countries, the underdevelopment achieved by privatisation of industry and removing the primary wealth, and then understand that even after serious cuts they continue to fund Israel $71,88. Now you can see the distortions in the foreign aid agenda.
But let me come back to the importance of this particular debate in the oversight of state policy on foreign aid. It is extremely critical for Parliament; Parliament as an institution that in our country in some measure is only second to the Constitutional Court, but in the three arms of government is the premier instrument for ensuring, not simply what the North would want to term law and order and security for its citizens, but in ensuring that the potential of our people is developed and we eradicate poverty and so on. But the problem that is posed here in this dilemma is: how do we exercise oversight effectively, not only within our own Parliament, but also in ensuring that we play a key role in influencing the Bretton Woods Institutions, the Doha round, the WTO, other international institutions by way of the Inter-Parliamentary Union, of which we are a member and in which one of our own Members of Parliament is also sitting on the Executive, and where I believe we can play a very influential role?
Oversight, we should remember, is not simply oversight, forgetting to do something. It is not simply a visit to a building site or whatever. But oversight in its essential understanding and defining of the word means the custodianship which is effectively implemented through rigorous analysis and evaluation of policy against implementation. I thank you.
Mrs I MARS: Chairperson, thank you for allowing us this opportunity to debate the issue of parliamentary oversight of state policies on foreign aid. The Inter-Parliamentary Union is an international organisation which considers the question of international interest and concern, and expresses its view on such issues in order to bring about action by parliaments and parliamentarians.
Foreign aid is defined as international aid or development assistance when one country helps another country through some form of donation. Usually, this refers to helping out a country that has a special need caused by poverty, underdevelopment, natural disasters or armed conflicts.
In essence, foreign aid as it was originally intended, namely assistance from one country to another, was a good thing, but in many cases it causes more problems than good and aid often comes with strings attached. It is right here where the problems lie and why proper oversight over state policy on foreign aid is extremely necessary. For example, food aid has at times been disastrous for Third World countries, especially on our continent, Africa.
Dumping millions of tonnes of surplus grain and other foods on a country lowers the agricultural prices, driving many of the country’s farmers into bankruptcy. In turn, this then leads to more food shortages and more appeals to foreign aid, causing a dependency on handouts.
In some cases, it also leads countries to believe that their dire situation is beyond their control and therefore they must depend on begging for food or money rather than being able to rebuild and revive their own economies themselves.
Foreign aid, in other words, creates an enormous moral problem. Unfortunately, the uncomfortable truth is also that some donors of foreign aid are not always motivated by generous causes either.
Yet, some of the donors do believe in giving to solve a humanitarian crisis, but to other countries it is a practice of giving aid which amounts to buying influence in the recipient country’s government.
In some cases, the recipient country then loses some of its sovereignty, which is not the way in which it should be done.
So, the question then is how does Parliament exercise proper oversight over state policy on foreign aid? The IFP believes that it should be done through our constitutional duty which states that parliamentarians from all parties as leaders and the representatives of the country should exercise meticulous oversight over the executive, oversight that is robust, strong and without fear. Parliamentarians should exercise oversight that will serve as a deterrent against the executive offering or receiving foreign aid with hidden motives.
As the Inter-Parliamentary Union we have a duty to do so. We have a duty to make sure that countries don’t become morally impoverished through foreign aid. I thank you. [Applause.]
Mrs L MALONEY: Chairperson, hon members of Parliament, distinguished guests
- if they are still here - it is an honour for me to take part in this crucial debate.
The topic is straightforward: What is Parliament’s oversight role on foreign aid? Parliament as an institution is regarded as one of the powerful state machineries in the allocation of state funds. Funds are scarce resources which should be handled with proper care. Proper structures and institutions are put in place in order to control the movement of this scarce resource.
As a country, so far, we have progressed very well in making sure that the fiscal institutions and supporting staff of our democracy are in place. South Africa has a systematic way of collecting money through revenue collection. This cake grows on a yearly basis, because of our political awareness campaign led by the ANC government in embarking on making sure that people are contributing more and more to our tax revenue.
One of the good strategies that the government has implemented was to do away with functions that the government has no capacity to perform, which sometimes is called privatisation. This has released government’s burden in respect of the issues that are not so very important to it.
Revenue collection alone is not enough in addressing the social development legacy that our country is confronted with. Government should be met halfway in achieving this economic strategy goal.
As Members of Parliament we salute the role the private sector plays in assisting government in achieving these economic goals. Donor funding is one of the injection tools to sustain our social development programmes. Foreign aid is not just a hand-out, it is about forging a lasting relationship between countries, but the terms of reference should be sound and clear between participating countries. It should not be a Big Brother- type of relationship.
Parliament should play a crucial role in monitoring those institutions that are handling that foreign aid. As much as we should welcome the kind of willingness to assist, we should not lose sight of intended consequences in terms of manipulation and dictatorship. Although foreign funding is welcome, we should stay vigilant and always be aware that there is no such thing as a free lunch.
Our sovereignty, the state principle of democracy and our legitimacy should always be guarded. We should not enjoy the comfort of foreign aid all the time. Although this is a good gesture, we should not find ourselves putting our democracy on sale.
Chair, the ANC-led government …
… akalelanga, uguqe ngamadolo. Uza kuyijonga ngeliso elibukhali le nyewe. [… is not sleeping, but kneeling. It is going to look at this matter with a hawk’s eye.] No country should take our country for granted.
Ndiyabulela. [I thank you.]
The HOUSE CHAIRPERSON (Mr G Q M Doidge): The next speaker is the hon Madikiza. My sincerest apologies for having passed you by.
Mr G T MADIKIZA: Chairperson, the apology is accepted.
Chairperson and hon members, the provision of foreign aid is globally a multibillion-dollar annual occurrence that involves every nation, either as a recipient or donor, or member of one of the multilateral organisations. In principle the concept of foreign aid is a laudable expression of goodwill and compassion among nation states. It reflects our basic human compassion that we would come to the aid of our neighbours and peers when they are struck by disaster or conflict, or when we realise that we have wronged them and need to recompense them.
Regrettably, good intentions do not mean the suspension of realpolitik in global relations. Foreign aid has become a political football, often promised, but far less often actually delivered. Also, it is unfortunately true that foreign aid can become part of a carrot-and-stick type of diplomacy for the donor country to entice and punish other countries according to the whims of its current bureaucracy. This is where parliaments are best placed to analyse and monitor the disbursement of foreign aid.
In a similar vein it is vital that parliaments in recipient countries must carefully monitor the management and application of foreign aid that is received. It is important to ensure that the foreign aid actually reaches the intended beneficiaries. This can only be enhanced and ensured with effective financial accounting policies which are consistently applied by the oversight agencies or public accounting bodies. I thank you.
Mrs C DUDLEY: Chair, the ACDP notes with interest that a recent study by the World Bank assessing aid offers useful insights. It found that aid had a positive relationship with growth in countries where the recipient policy environment was supportive. It concluded that with good management aid can reduce poverty and attract private investment.
In fact, supportive recipient policy environments apparently tend to be equated with the economic policies of privatisation, deregulation and trade liberalisation, amongst other things.
The study states that when donor projects fail it is often because of weak institutions and organisations in recipient countries. It is also often the case that aid agencies have difficulty understanding the local environment and lack the capacity to manage the complex interventions they choose to implement.
The need for government reform in recipient countries, however, is also a factor, as accountability, transparency, democracy and protection of human rights impact on the failure or success of aid interventions. Government officials and politicians who protect their interests by excluding or misrepresenting aid projects in terms of public budgetary processes and fiscal statistics are problematic.
The ACDP of course supports parliamentary oversight of state policies on foreign aid. I must say, it’s quite interesting; my experience in committees is that it is near impossible to get relevant information from departments during the budget process in terms of foreign aid expenditure. Hopefully this will change. I thank you.
Ms S RAJBALLY: Chairperson, oversight is extremely crucial in a democracy if we are to secure development and the inculcation of our system effectively. However, this is progressing in every relationship South Africa has paved beyond our borders. We have progressed greatly with global relations with the UN and the African continent.
However these relations may be forged, growth and development should under all circumstances be representative of South African values, principles and dignity. However, having overcome apartheid and survived its horrific treachery, we need to relate to the struggle of nations in similar circumstances, and we need to expand our commitment to human rights and dignity by assisting global peacemaking to oversee these processes in terms of parliamentary duty, policy, legislation and oversight.
The MF calls on Parliament to bring to the table a foreign aid policy. Zimbabwe has had a major retarding effect on our country, and though its government may portray a very democratic electioneering system, the sabotaged economy and horrific standard of living that people are being forced to live under, is enough reason for concern. I thank you.
Mr B A MNGUNI: Chairperson and hon members, does the government have any policies on foreign aid that it gets, whether it is financially, military or humanitarian? That is the question we should be asking ourselves.
Unfortunately, hon Mars, dumping does not only create the dependency syndrome, but it also kills initiatives of our country as far as economical development is concerned. It will be difficult for Parliament to answer this question because I personally have not come across such a policy, nor have I heard of any. Foreign aid has played a crucial role in sub-Saharan Africa for decades and there are still countries on our continent that rely heavily on financial aid for their survival and development. Consequently, Parliament needs to be abreast of all foreign aid flowing into the country. It should not be the preserve of the Cabinet only to determine foreign policy on aid. Ideally, civil society should do so through Parliament in a democratic state such as ours.
Such policies need to be robustly debated. Why is it important for Parliamentarians to do a robust oversight of foreign aid policy? It is because most aid comes in the form of donor funds with conditions attached. This has a tendency to override local priorities and needs in favour of donor country interests. As a result, the country’s foreign economic policy or even foreign policy, for that matter, is determined outside its borders, depending on who the highest bidder is.
To our advantage, as the ANC, we have vast experience on donor funding and have had an opportunity to come up with appropriate organisational policies as far as this issue is concerned.
We do, however, seem to have erred by being complacent regarding donors’ agenda and funding after we took over the reins of power. Parliament exercises very little if any oversight work over donor funds. They are usually channelled through the RDP fund, which resides with the National Treasury.
According to the Budget Review of 2007, there will be a yearly inflow of R1,5 billion over the Medium-Term Expenditure Framework period. To hon Madikiza, it amounts to R4,6 billion over the MTEF period from now until 2010.
The International Development Co-operation unit is responsible for the establishment of an effective and efficient policy framework and management systems that deal with official development assistance, ODA, to South Africa. The crux of the matter is, how much oversight does Parliament exercise over policies attached to these funds?
The parliamentary Portfolio Committee on Finance, PCOF, had an interaction with the Minister of Finance on 29 August to be briefed about his international commitments. The committee touched on broad developmental and economic issues discussed on these international forums but it did not discuss policy on foreign aid per se.
As outlined earlier, that aid from international communities could be in different forms. I believe that the ultimate responsibility for robust oversight work in respect of these donor funds and the conditions attached to them rests with the portfolio committees overseeing departments where these funds are disbursed. Rigorous interrogation of the policy positions attached to these aid funds should be in line with organisational policy positions espoused in the Freedom Charter.
I think a new international framework for aid must ensure first and foremost that it is used to encourage and supplement national resource mobilisation and to fill the gap between national rates of savings and rates of investments required to meet national developmental goals, including the Millennium Developmental Goals.
There is now greater recognition of the need for aid to be increasingly used for budget support, thus implying that it should be seen as part of a comprehensive fiscal and financial package for the implementation of national programmes and priorities, and as such it should be subject to parliamentary oversight and scrutiny in the recipient countries.
Such a process will reinforce both the ownership and national programmes and the accountability of governments to their national constituencies rather than to foreign donors or multinational financial institutions.
However, the institutional capacity of the receiving countries has been regained by the pressures to reduce the size and function of the state, a prominent feature of the adjustment programmes driven by international finance institutions, commonly known as the Bretton Woods Institutions. The situation is exacerbated by the presence of numerous new bodies such as nongovernmental organisations through which aid is often dispersed with little or no oversight by the recipient government to national institutions such as Parliament.
In conclusion, the development committee of the World Bank held on 15 April 2007, remarked that if donors’ recognition of the need for greater local ownership of aid programme is to be taken at face value, the depoliticisation of aid, greater policy space for the recipients of aid and less intrusive policy conditions are all prerequisites for ensuring that aid results in more positive outcomes. This, however, does not water down the need for rigorous interrogation of the policies attached to donor funding in developing countries. Thank you. [Applause.]
Debate concluded.
The House adjourned at 17:20. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Assent by President in respect of Bill
(a) Pension Funds Amendment Bill [B 11B – 2007 (Reprint)] – Act No
11 of 2007 (assented to and signed by President on 26 August
2007).
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Transport
(a) Report and Financial Statements of the South African National
Roads Agency Limited (SANRAL) for 2006-2007, including the Report
of the Auditor-General on the Financial Statements for 2006-2007
[RP 27-2007].
- The Minister for Public Enterprises
(a) Report and Financial Statements of Eskom Holdings Limited
(Eskom) for 2006-2007, including the Reports of the Independent
Auditors on the Financial Statements for 2006-2007.
- The Minister of Trade and Industry
(a) Report and Financial Statements of the National Lotteries Board
for 2006-2007, including the Report of the Auditor-General on the
Financial Statements for 2006-2007 [RP 170-2007].
(b) Report and Financial Statements of the Competition Tribunal for
2005-2006, including the Report of the Auditor-General on the
Financial Statements for 2005-2006 [RP 125-2007].
(c) Report and Financial Statements of the National Credit Regulator
(NCR) for the ten months ended 31 March 2007, including the Report
of the Auditor-General on the Financial Statements for the ten
months ended 31 March 2007.
(d) Report and Financial Statements of the South African Quality
Institute for 2006-2007, including the Report of the Independent
Auditors on the Financial Statements for 2006-2007.
(e) Report and Financial Statements of the Estate Agency Affairs
Board for 2006-2007, including the Report of the Independent
Auditors on the Financial Statements for 2006-2007.
(f) Report and Financial Statements of the Estate Agency Affairs
Board for 2005-2006, including the Report of the Independent
Auditors on the Financial Statements for 2005-2006.
(g) Report and Financial Statements of the International Trade
Administration Commission of South Africa for 2006-2007, including
the Report of the Auditor-General on the Financial Statements for
2006-2007 [RP 91-2007].
(h) Report and Financial Statements of Khula Enterprise Finance
Limited for 2006-2007, including the Report of the Independent
Auditors on the Financial Statements for 2006-2007.
(i) Report and Financial Statements of the South African Micro-
finance Apex Fund for 2006-2007, including the Report of the
Auditor-General on the Financial Statements for 2006-2007
(j) Report of the Strategic Industrial Projects (SIP) for April 2002
to March 2007.
COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Trade and Industry on the National Gambling Amendment Bill [B 31 – 2007] (National Assembly – sec 76), dated 5 September 2007:
The Portfolio Committee on Trade and Industry, having considered the National Gambling Amendment Bill [B 31 – 2007] (National Assembly – sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B 31A - 2007].
-
Report of the Portfolio Committee on Science and Technology on the Human Sciences Research Council Bill [B 16 - 2007] (National Assembly – sec 75), dated 4 September 2007:
The Portfolio Committee on Science and Technology, having considered the subject matter of the Human Sciences Research Council Bill [B 16 - 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 [B 16A - 2007].
-
Report of the Portfolio Committee on Science and Technology on the Astronomy Geographic Advantage Bill [B 17 - 2007] (National Assembly – sec 75), dated 4 September 2007: The Portfolio Committee on Science and Technology, having considered the subject matter of the Astronomy Geographic Advantage Bill [B 17 - 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 [B 17A - 2007].