National Assembly - 11 March 2008
TUESDAY, 11 MARCH 2008
____
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:01.
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.
NOTICE OF MOTION
Dr S M VAN DYK: Madam Speaker, I hereby give notice that I intend moving the following motion:
That the House debates the performances, bonuses and bonus shares paid to Eskom management and their justification for these payouts.
Thank you.
DRAMATISTS AGAINST CRIME
(Member’s Statement)
Mr H P MALULEKA (ANC): Thank you, Madam Speaker. Two weeks ago, the youth of Mafikeng in the North West province embarked on a campaign aimed at using drama as an outlet for young people to avoid crime and educate their peers about the national efforts against crime. The event was known as Dramatists Against Crime.
Thousands of youth attended the festival. The festival was established by a group of young people in Gauteng province and was later on introduced in other provinces with the same aim of raising awareness among their peers in other provinces.
The Department of Sport, Arts and Culture, the National Arts Council, ABSA and The Sowetan have since sponsored the initiative. Members of the SA Police Service in the province have announced that they will be leading a march against crime on 27 March 2008.
As the ANC, be it in the communities, political organisations, business or civil society, we support this campaign by the youth to encourage them to mobilise themselves against crime and to volunteer to assist the police. I thank you, Madam Speaker. [Applause.]
THE CABINET AND ESKOM’S HANDLING OF POWER CRISIS
(Member’s Statement) Adv H C SCHMIDT (DA): Madam Speaker, last week President Mbeki stood here, clearly uninformed about Eskom’s handling of the power crisis and the commitment his Cabinet had made on 25 January not to freeze construction projects.
South Africa is capable of acting in unity to confront common national challenges such as the electricity crisis. However, the people need a government that is accountable to them to depend on rather than a self- serving government that closes ranks, using the defence of so-called “collective” responsibility.
The raft of contradictory statements from Eskom and the Mbeki Cabinet show clearly that neither can be trusted to supply answers to several burning questions. These range from Eskom’s management of its coal stockpiles to why Eskom appears to be selling electricity at below cost to bulk consumers while taxing private consumers and concealing resultant losses to safeguard directors’ bonuses.
The DA therefore reaffirms its call for an independent commission of inquiry into the conduct of Eskom’s management, including in its brief whether negotiations should be held with relevant mining companies such as BHP Billiton to mutually agree to terminate electricity supply to aluminium smelters in order to save roughly 2 700 megawatts of electricity. This is enough to safeguard the 400 000 jobs which are currently at risk in the mining sector. I thank you. UPLIFTMENT OF PREVIOUSLY DISADVANTAGED SOUTH AFRICANS
(Member’s Statement)
Mr M B SKOSANA (IFP): Thank you, Madam Speaker. It is imperative that members of this House remain ever vigilant about the substantive freedoms enjoyed by poor, marginalised and underdeveloped South Africans. A truly free and egalitarian African democratic society can only be realised through the total emancipation of the historic, political, economic, social, psychic and linguistic aspects of the existence of the formerly oppressed.
For this reason the IFP agrees with the Minister of Arts and Culture, Dr Pallo Jordan, that all the official languages must be integrated into all domains of our life particularly in business transactions and economic growth and development. We believe that failure to do so perpetuates the linguistic, cultural and economic domination of English-and Afrikaans- speaking South Africans and enhances the continued social and economic deprivation of the majority.
We also agree with the Minister of Science and Technology, Mr Mosibudi Mangena, that the ravages of superiority and inferiority complexes continue to linger dangerously in the minds of both the former oppressor and the former oppressed, thereby rolling back the frontiers of the freedom won through the long and hard African struggle. I thank you, Madam Speaker. [Applause.]
ESTABLISHMENT OF ISIVANDE DEVELOPMENT FUND
(Member’s Statement)
Ms N F MATHIBELA (ANC): Madam Speaker, the establishment of a Women’s Project Fund and the strengthening of initiatives such as the Malibongwe Project are intended to assist with creating an enabling environment for women.
A dialogue on socio-economic issues affecting women was held on 8 March
- It was jointly hosted by the Departments of Arts and Culture and Trade and Industry and the Presidency. It was held under the theme “A Fight Against Poverty: A Partnership for Investing in Women and Girls to Eradicate Poverty”. The dialogue brought women and stakeholders together to debate socioeconomic issues affecting women, with specific reference to poverty.
This occasion provided an opportunity to connect women across the globe and united them in renewing their pledge for solidarity in the relentless pursuit of emancipation, promotion of empowerment, demand for equality and eradication of poverty. As part of the national effort to empower women, the Department of Trade and Industry has announced the establishment of a Hundred Million Fund known as ``Isivande’’ that is aimed at supporting women-owned enterprises.
Through this and other measures, the ANC-led government continues to intensify collaboration efforts with the people to ensure that every target of the national war room against poverty is realised. I thank you. [Applause.]
INVESTIGATION OF HIGH FOOD PRICES
(Member’s Statement)
Ms S N SIGCAU (UDM): The UDM notes that economic developments over the past year are placing increasing pressure on the household budgets of all South Africans. Rising interest rates are making it more expensive to repay debts. Inflation is driving the cost of transport and food up. It is especially working class and poor households that are being pushed towards destitution.
In this difficult environment, we have seen the Competition Commission exposing price-fixing in the bread industry and questions are now being asked about the prices of other basic food commodities. But the truth is that prices have gone through the roof across the board and are out of all proportion considering the rate of inflation.
We appreciate that the Competition Commission is looking into isolated cases on a case-by-case basis but it seems necessary to institute a broad investigation into food prices, such as the one that was conducted several years ago.
Again, there are signs that certain producers and traders are engaged in ridiculous price-fixing schemes and are fleecing people who have no choice but to buy these basic commodities. If that is the case, we must expose these cruel and greedy people. They must face the full force of this society’s ridicule and must be prosecuted. I thank you.
INVESTIGATION OF CHANCELLOR HOUSE
(Member’s Statement)
Dr P W A MULDER (VF Plus): Mevrou die Speaker, die VF Plus wil die ANC gelukwens met die aankondiging van hul tesourier-generaal, dr Matthews Phosa, dat ’n forensiese ondersoek na alle bedrywighede van die beleggingsmaatskappy Chancellor House gedoen gaan word. Die VF Plus verwelkom ook die ondersoek van die Openbare Beskermer na Chancellor House en veral die ondersoek na beweringe dat groot Eskom-tenders aan ondernemings wat bande met Chancellor House het, toegeken is.
Die belangrikste rede vir die probleme rondom Chancellor House is die huidige gebrek aan deursigtigheid ten opsigte van die finansiering van politieke partye. Deursigtigheid en die demokrasie veronderstel dat politieke partye op ’n gelyke vlak met mekaar moet meeding, om fondse en kiesersteun te kry tydens verkiesings. As Chancellor House winste uit swart bemagtigingstransaksies van die regering na die ANC teruggekanaliseer het, veroorsaak dit, sonder twyfel, ’n konflik van belange. Dit bring die hele wese van demokrasie in Suid-Afrika baie ernstig in die gedrang.
Om bogenoemde redes en in die belang van demokrasie in Suid-Afrika, wens die VF Plus die nuwe ANC-leierskap geluk met hulle ondersoek na Chancellor House, en eintlik indirek ook na die ou ANC-leierskap. Ons wil opreg die hoop uitspreek dat die ondersoek daaroor gaan om billike verkiesings en demokrasie in Suid-Afrika te verseker en so die beeld van politiek en politici in die land te verbeter en dat dit nie net deel is van die ANC se interne stryd nie. Ek dank u. (Translation of Afrikaans member’s statement follows.)
[Dr P W A MULDER (FF Plus): Madam Speaker, the FF Plus wants to congratulate the ANC on the announcement by their treasurer-general, Dr Matthews Phosa, that a forensic inquiry will be launched into all activities of the investment company, Chancellor House. The FF Plus also welcomes the inquiry by the Public Protector into Chancellor House and especially the inquiry into allegations that large Eskom tenders were given to companies that have ties with Chancellor House.
The most important reason for the problems surrounding Chancellor House is the current lack of transparency regarding the financing of political parties. Transparency and democracy presuppose that political parties should compete with one another on an equal fooling to secure funds and muster voter support during elections. If Chancellor House had channelled profits of black economic empowerment transactions of the government back to the ANC, this results, without a doubt, in a conflict of interest. This brings the whole essence of democracy into serious question.
For the above-mentioned reasons and in the interest of democracy in South Africa, the FF Plus wishes to congratulate the new ANC leadership on its inquiry into Chancellor House and, in fact, indirectly also into the old ANC leadership. We genuinely hope that the inquiry will entail ensuring fair elections and democracy in South Africa, thereby improving the image of politics and of politicians in the country and that this is not merely part of the internal struggle within the ANC. I thank you.]
MINING OPPORTUNITIES FOR THE YOUTH
(Member’s Statement)
Mr A J NYAMBI (ANC): Madam Speaker, the ANC believes that the participation of the youth in the political, social and economic life of the country is crucial in strengthening and enhancing cultural democracy.
The Limpopo Youth Commission, in partnership with the De Beers Venetia Mine, will host a three-day mining indaba at Tshipise Aventura in the Vhembe District. Amongst the objectives of the mining indaba is to explore opportunities for young people in the mining sector.
We commend the persistent efforts by the youth, whose efforts are aimed at creating work and fighting poverty. We ask the mining industry to emulate this example and ensure that the future of the country, the youth, is well represented in the mining industry. I thank you.
Poverty eradication PROGRAMMES OF government
(Member’s Statement)
Mr I S MFUNDISI (UCDP): Madam Speaker, poverty has come to be the number one enemy of people in this country, though some are having it easy as they are enriched by their disloyal ways and means.
While government is trying to alleviate poverty, the latter seems to be getting more rooted by the day. Poverty reduction programmes of government seem to be ineffective because there is insufficient capacity in government to implement the programmes.
Land distribution projects that have been handed over to people are collapsing because government does not give enough support and training to the new owners, while in some instances such tracts of land are not properly handed over to provincial agriculture departments.
Interest is mainly focused on the public relations exercise of handing over the land with great fanfare in the glare of television cameras with no follow-up visits or programmes thereafter. Government tends to function like a traffic light — once it has given a green light, it does not bother about what happens afterwards.
The UCDP feels strongly that the responsibility for handing over poverty reduction projects, be it in agriculture, as part of the Extended Public Works Programmes or any other initiative, should be supported by ongoing training until these people have acquired the necessary skills to perform their duties. People have to be provided with financial skills on how to run the projects.
So many people who were awarded tenders for capital projects scarcely complete them because they can’t manage their finances well and sooner or later they are broke and out of business and end up once again in the cycle of poverty and, in some cases, are bankrupt.
The UCDP maintains that allocating projects to people to earn a living enhances their dignity as against doling out grants. The dictum of each living by the sweat of their brow should be our guide in life. I thank you.
NUCLEAR TECHNOLOGY IN DEVELOPING COUNTRIES
(Member’s Statement)
Dr S E M PHEKO (PAC): Madam Speaker, one day the oil wells of this planet will dry up. The search for alternative forms of energy is imperative. The electricity crisis in our country is a signal that finding new forms of energy is an indispensable necessity. This is where nuclear technology comes in.
Some countries in the world today have developed their nuclear technology to a point where they have piles of weapons of mass destruction. But they are resisting the sovereign right of developing countries to develop their own nuclear technology for peaceful purposes.
It is a conundrum of conundrums, therefore, that in the UN Security Council, our country voted against the right of Iran, another developing country, to develop its nuclear power for peaceful purposes. This is despite the fact that the Director-General of the International Atomic Energy Agency reported that Iran was co-operating. Sooner on later, the Iran case will be used as a precedent against our country when we exercise our sovereign right to develop our nuclear technology.
Don’t we intend developing our own nuclear technology? If so, why do we keep on exporting our uranium to countries hostile to our nuclear technology capability?
Selling our uranium to these countries while they refuse us the right to develop our nuclear technology is like providing help to an enemy army to acquire weapons superior to ours – thus guaranteeing our own defeat.
Developing countries must stand together in defence of their common interests. They have a sovereign right to develop their nuclear technology for peaceful objectives and scientific advancement. I thank you.
abAlone harvesting and brutal police actions
(Member’s Statement) Mnr S E OPPERMAN (DA): Speaker, voor die opskorting van die uithaal van perlemoen op 1 Februarie 2008 kon polisietaakmaglede nie daarin slaag om onwettige perlemoenstropers in hegtenis te neem nie.
Vir die laaste drie weke tree polisiebeamptes soos barbare op. Die vissersgemeenskappe in die omgewing van Gansbaai en Hawston se huise word deursoek sonder enige lasbriewe; huise se deure word oopgeskop; ’n hond is drie weke gelede in die aangesig van sy eienaar doodgeskiet; pepersproei word in mense se gesigte gespuit; vuurwapens word op weerlose mense gerig; mense word geslaan.
Hierdie barbaarse, brutale optrede kan nie geduld word nie. Die DA sal vir ’n kommissie van ondersoek vra so spoedig as moontlik sodat hierdie onaanvaarbare optrede ondersoek kan word en die skuldiges dienooreenkomstig gestraf kan word. Onwettige stropers moet in hegtenis geneem word, maar binne die raamwerk van die wet. Dankie. [Applous.] (Translation of Afrikaans member’s statement follows.)
[Mr S E OPPERMAN (DA): Speaker, prior to the suspension of the harvesting of abalone on 1 February 2008, members of the police task force could not succeed in arresting illegal abalone poachers.
In the past three weeks police officers have been behaving like savages. The houses of the fishing communities in the Gansbaai and Hawston areas are searched without any warrants; doors of houses are kicked open; three weeks ago, a dog was shot and killed in front of its owner; pepper spray is sprayed in people’s faces; fire-arms are pointed at defenceless people; people are beaten up.
This barbaric, brutal behaviour cannot be tolerated. The DA will request a commission of inquiry as soon as possible so that this unacceptable behaviour can be investigated and the culprits can be punished accordingly. Illegal poachers must be arrested but within the framework of the law. Thank you. [Applause.]]
SKILLS DEVELOPMENT OF THE YOUTH IN THE EASTERN CAPE
(Member’s Statement)
Nksz N M MDAKA (ANC): Somlomo, umbutho wesizwe i-ANC kunye norhulumente bathe gqolo besakha izakhono zabantu beli, ngakumbi ulutsha. Kwiintsuku ezimbalwa ezigqithileyo iNgqurha Industrial Development Project phaya kweliya laseMpuma Koloni, ithe yatyikitya isivumelwano sotyalo-mali esixabisa izigidi ngezigidi zeerandi. Le mali, iya kusetyenziselwa ukwakha amathuba emisebenzi kunye nezakhono zolutsha lwephondo.
Inkoliso yolutsha lwethu alunawo umonde wokwakha izakhono. Lona lufuna imisebenzi ngokungxama okukhulu. Thina singamalungu ale Ndlu, sibambisene nabahlali ngokubanzi, masiphume iphulo sikhuthaze ulutsha lwethu ukuba lube nomonde xa lufuna impumelelo. Umbutho wesizwe uya kuthi gqolo usebenzela ubomi obungcono kubantu bonke. (Translation of isiXhosa member’s statement follows.)
[Ms N M MDAKA (ANC): Madam Speaker, the ANC-led government is very consistent in capacitating the people, particularly the youth. The Coega Industrial Development project in the Eastern Cape has, in the past few days, signed an agreement for an investment of millions of rands. This money will be utilised specifically for job creation and skills development for the youth of this province.
The majority of our youth do not have the patience required in the skills development process. They want to get employment as quickly as possible. We, as members of this House, in co-operation with the community, should embark on an operation to encourage our youth to be more patient if they want to succeed. However, the people’s organisation will always strive for a better life for all.]
PROPERTY RATES AND VALUATION OF PROPERTY
(Member’s Statement)
Mr P F SMITH (IFP): Madam Speaker, the IFP is concerned about the uncertainty surrounding the implementation of the Local Government: Municipal Property Rates Act. It is clear from daily reports in the media that there are simply too many instances of poor valuations. We therefore urge anyone who believes that their property has been wrongly valued to take advantage of the objections process to have their properties revalued.
In the light of widespread public concerns, we also call on the Minister for Provincial and Local Government to reassure this House that he is satisfied that the valuations process has been properly implemented in all the municipalities that have completed or are presently engaged in a valuations process.
The reason people are concerned about valuations is the fear that their rates will skyrocket. People do accept increases but they do not accept unreasonable increases, and people may have sound reasons to fear the latter since there are cases where rates revenue collected has increased by more than 350% in the past year.
We therefore call for the urgent finalisation and implementation of an existing draft regulation which seeks to cap the extent to which rates may be increased year-on-year, and we call on the Minister to ensure that it applies to rates raised during the current implementation phase of the Local Government: Municipal Property Rates Act. Thank you.
PARTICIPATION IN HUMAN RIGHTS DAY FUN RUN
(Member’s Statement)
Mr T J BONHOMME (ANC): Madam Speaker, to be active in sport is an integral part of the reconstruction and development of a healthier society. Sport cuts across all development programmes and should be made accessible and affordable to all South Africans.
Thousands of community members will take part in this year’s Human Rights Day fun run, which forms part of the build-up to 21 March. The event is organised in partnership with the Gauteng Department of Sport, Arts, Culture and Recreation, the Sedibeng District Municipality and Vaal Athletics.
The fun run is open to all communities. It is aimed at raising awareness around the importance of the history of Human Rights Day and highlighting key government achievements in addressing human rights issues. We urge members of the public to take part in the event. I thank you.
OUTRAGEOUS STRIKE BY MUNICIPAL WORKERS
(Member’s Statement)
Mr E W TRENT (DA): Madam Speaker, whilst supporting the right of workers to strike legally, the DA condemns, in the strongest terms, the outrageous behaviour of a group of rogue Nelson Mandela Municipality workers who have gone on the rampage in the city since last Wednesday, causing chaos. They did so by, inter alia, flooding and trashing buildings; destroying property and smashing doors, furniture and office equipment, including computers. They threatened and intimidated their colleagues, who wished to work, with steel pipes, sjamboks and knobkerries.
It is important to note that this illegal and violent strike action was taken despite the fact that the Labour Court had granted them an order in terms of which they had to undertake to ensure that their members complied with the laws of this country and respected the rights of other citizens. I am publicly challenging the members of the ANC here today to distance themselves from and condemn those who are guilty of such behaviour.
I have noticed that the Minister of Safety and Security, the Minister of Justice and the Minister of the Public Service and Administration are here. Minister of Correctional Services, you can keep them where they belong once they get there and I hope that you will note what I have said. You need to make sure that the perpetrators face the full force of the law. You must do this as a deterrent to those who may, in future, contemplate such action as a means to settle their grievances.
CAMPAIGN TO APPLY FOR IDENTITY DOCUMENTS AT SCHOOLS
(Member’s Statement)
Ms N N SIBHIDLA (ANC): In an effort to bring ID application services to high schools across the country, the Department of Home Affairs will unveil the ID-of-the-self campaign. The campaign is aimed at motivating young people to apply for ID books. The campaign will be undertaken in partnership with the Department of Education, the National Youth Commission, the South African Broadcasting Corporation or SABC and the Independent Electoral Commission. It will be facilitated by the deployment of mobile units to schools across the country to provide on-site applications and registration assistance.
With an ID book, everyone among our people acquires the capacity to open the door to a better future. Among other things, IDs are enabling tools for people to further their education, apply for jobs, access social grants and other government services and decide how the country is run. We urge all Members of Parliament to use their constituency offices to support these initiatives. I thank you.
ACCOUNTABILITY OF MANAGEMENT OF ESKOM
HIGH FOOD PRICES
(Minister’s Response)
The MINISTER OF FINANCE: Madam Speaker, let me respond to a few of the statements, starting with that of the hon Schmidt. Now, we need to be very careful; there are norms that are set out in the Companies Act and its operation. The Companies Act asks of shareholders to appoint a board to represent its interests and that board holds management accountable. Any company listed in terms of the Companies Act including Eskom in this instance, is structured like that and the norms are set out in, amongst other places, the King I and King II reports.
If you then ask Parliament to be involved in holding management accountable, you destroy the lines of accountability. We need to be careful about how we exercise this power. Clearly, it’s very important for the board of Eskom to be able to answer to Parliament for what management did or did not do. If we don’t do that, I think the lines are completely blurred and management doesn’t know who to account to. I’m saying that we need to exercise a great deal of caution in regard to these issues.
I’d also like to respond to hon Sigcau and hon Mfundisi together. Now, I think the points about food prices are well taken. One issue that we need to be aware of is that food prices have increased across the world. Since 2005 the wheat price has increased by just over 200% at last count; over the past 12 months the price of rice has increased by just over 100%; all of the grain crops have increased in price, and, of course, maize prices have increased to the extent that they have.
The food price monitoring committee - located primarily in the Department of Agriculture – is preparing a fresh report and I think they should be encouraged to place the report on the table.
The one issue that has arisen very sharply in the analysis is that government interventions don’t always work. There’s been a very recent story about bread price subsidies in Egypt, where the wheat price is subsidised but where a lot of the bakers are selling the subsidised flour and are then only baking a limited amount of bread for the poor. These issues arise too frequently. We know that in this country, where there’s VAT on white bread but no VAT on brown bread, you can’t see the 14% price differential in the prices. These are issues that Parliament will have to deal with.
The DEPUTY SPEAKER: Order, hon Minister. Your time has expired.
The MINISTER OF FINANCE: Oh, I’ve got a few more …
The DEPUTY SPEAKER: Well, you may take more time, as long as your colleagues know that they will then have to forfeit their allocated time for responses in the process.
DRAMATISTS AGAINST CRIME
ABALONE POACHING
STRIKE BY SAMWU IN PORT ELIZABETH
(Minister’s Response)
The MINISTER OF CORRECTIONAL SERVICES: Deputy Speaker, he’ll get more time towards the end of Ministers’ responses. The youth of Mafikeng in North West and of Gauteng and our country as a whole have really heeded the call by the ANC and by the government that all hands must be on deck to fight crime. Dramatists Against Crime must be commended for raising awareness and assisting our communities in fighting crime. That’s the quick one.
Ons, die ANC, die regering en die polisie stem saam dat onwettige stropers in hegtenis geneem moet word. [We, the ANC, the government and the police agree that illegal poachers should be arrested.] We cannot have a situation where these gangsters continue to do all these things and get away with them.
Coming to the last one, Samwu in Port Elizabeth did undertake, as a union, to ensure that its members comply with the laws of the country. Therefore, the Minister of Safety and Security and the MEC from the Eastern Cape, Thobile Mhlahlo, will definitely look into this whole situation. Surely, we will be able to get a report at the end of it all. Thank you.
NUCLEAR TECHNOLOGY IN DEVELOPING COUNTRIES
(Minister’s Response) The MINISTER OF DEFENCE: Madam Deputy Speaker, I think it is important, first of all, to reiterate the position of South Africa in support of developing nations having the right to use nuclear energy for peaceful developmental purposes where such needs arise. Therefore, our support for this goal has not been unselfish because we have the need and will indeed want to use nuclear energy for peaceful developmental purposes. We are therefore in full support of developing countries in this regard.
Nevertheless, that support is based on the understanding that prescriptions of the International Atomic Energy Agency, agreed to by nations of the world, must be complied with. Where we are uncertain or where the International Atomic Energy Agency is not satisfied that there is full compliance, South Africa cannot be expected to blindly go ahead and support these actions. I thank you.
ESTABLISHMENT OF ISIVANDE FUND
(Minister’s Response)
The MINISTER FOR THE PUBLIC SERVICE AND ADMINISTRATION: Thank you very much, Deputy Speaker. I would like to comment on the statement on socio- economic dialogue and the establishment of a women’s development fund and say that, in addition to supporting this statement and reflecting on the commitments and strides made by government to ensure the empowerment of women through the Isivande Women’s Fund, this also coincides with the 99th anniversary of International Women’s Day on 8 March as well as the Commission on the Status of Women’s focus this year.
In line with the Beijing Platform of Action resolutions, which deal with the issue of financing for gender equality and women’s empowerment, South Africa has shown, once again, that it is a leader in this field and we should applaud ourselves. Thank you. [Applause.]
ID CAMPAIGN AT SCHOOLS
SKILLS DEVELOPMENT OF YOUTH
(Minister’s Response)
The DEPUTY MINISTER OF HOME AFFAIRS: Deputy Speaker, the ANC, in its January 8 Statement, directed the Department of Home Affairs to engage in a national campaign that targets young people, especially those who are 16 years old, to obtain identity documents. As a result of this, last week Friday The Minister of Home Affairs launched the campaign in Gugulethu and issued 200 identity documents to learners.
We shall continue to focus on this group of our people and later this year, leading up to 2009, we will try to reach out to all South Africans. We therefore support the view that all hon members should utilise their constituency offices and mobilise their constituencies to ensure that this campaign succeeds.
The second issue that I would like to comment on briefly concerns young people and skills. It is a known fact that in our country 70% of all those who are unemployed are below the age of 35. Most of these young people are unemployed because they lack the requisite skills.
University education is becoming more and more expensive and therefore increasing numbers of young people are failing to access it. Even though further education and training colleges are becoming more and more accessible - and there is a lot of work that is being done to improve that
- there are still very serious gaps, which means that there are increasing numbers of young people who are still unable to acquire skills.
I don’t think we should blame young people for not having skills. I also don’t think that it is because young people are impatient and seek jobs but don’t want to acquire skills. I think we need to do a lot of work to ensure that the youth of our country are able to acquire skills so that they can go ahead and get jobs. Thank you. [Applause.]
The DEPUTY MINISTER OF AGRICULTURE: Statements pertaining to any portfolio having already been responded to, I will stand back for my bench mate. I don’t know whether I heard you correctly, Deputy Speaker?
INVESTIGATION OF CHANCELLOR HOUSE
ARREST OF PERLEMOEN POACHERS
(Minister’s Response)
The DEPUTY MINISTER OF SAFETY AND SECURITY: Deputy Speaker, I just want to respond to the issue of Chancellor House which was raised by the FF Plus. I would like to bring to the attention of the hon member that there is no investigation being conducted by the ANC Treasurer-General on the issue of Chancellor House. [Interjections.]
An HON MEMBER: Not yet?
The DEPUTY MINISTER OF SAFETY AND SECURITY: It’s not about “not yet” but it is what you need to know. Any new person who takes up a position in any environment wants to know exactly what he is going to inherit. So, it’s not an investigation; it’s an assessment and evaluation of the assets within Chancellor House.
The second issue is that transparency is one of the fundamental principles which the ANC believes in. This House did not know anything about transparency until we came here. We have taught you how transparency works. We are happy that you understand that transparency is a principle and that the ANC will not compromise that principle.
The third issue to which I would like to respond … [Interjections.]
Dr C P MULDER: Madam Deputy Speaker, is the hon Deputy Minister prepared to take a question? It’s a very easy question.
The DEPUTY SPEAKER: Are you prepared to take a question?
The DEPUTY MINISTER OF SAFETY AND SECURITY: If you allow me, Madam Speaker.
The DEPUTY SPEAKER: Would you like to take the question now?
The DEPUTY MINISTER OF SAFETY AND SECURITY: Yes!
The DEPUTY SPEAKER: So, you’d better take your seat so that you can take a question.
Dr C P MULDER: Madam Deputy Speaker, the hon Deputy Minister … [Interjections.]
The DEPUTY MINISTER OF SAFETY AND SECURITY: Deputy Speaker, if I give him an opportunity to ask the question, I hope I will be able to have extra time to respond to the second issue.
The DEPUTY SPEAKER: Unfortunately it will be taken from your time.
The DEPUTY MINISTER OF SAFETY AND SECURITY: No, I am therefore not going to take his question, Madam Deputy Speaker.
The DEPUTY SPEAKER: Continue with your response then.
The DEPUTY MINISTER OF SAFETY AND SECURITY: Madam Speaker, with regard to the issue raised by the hon member of the DA, we and the police are not going to tolerate any members of the police who behave in a manner which is unacceptable. [Interjections.]
You shut up! May I bring to your attention, hon member, that one of the issues is that we expect communities where crimes are committed … [Interjections.]
Mr T D LEE: Madam Deputy Speaker, on a point of order: Is it parliamentary to use the phrase ``shut up’’?
The DEPUTY SPEAKER: Order! Hon members, the phrase ``shut up’’ has been used several times. That does not mean that, because it has been used several times, we should therefore continue in that direction. We need to moderate our language as we address one another but the hon Deputy Minister is not out of order. Please just conclude your response.
The DEPUTY MINISTER OF SAFETY AND SECURITY: Thank you, Deputy Speaker. I want to say that communities that continue to harbour criminals will always have problems with the police. We would like to urge the communities of Coega, especially around issues of perlemoen, to continue co-operating with the police. If the police are there for searches and all that, they must co- operate, but if they continue behaving in a manner that obstructs the police in doing their work, indeed they will have problems. Thank you. [Time expired.]
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Dr R Davies): Madam Deputy Speaker, I am also covered by the Minister of Finance. I wanted to respond to the statement on food prices.
The DEPUTY SPEAKER: Minister Manuel, we have one and a half minutes left.
PROPERTY RATES AND VALUATIONS
(Minister’s Response)
The MINISTER OF FINANCE: No, Madam Speaker, I wanted to respond to the points raised by the hon Smith. He is looking so dapper in his Guayabera today. He has gone to show it to the world.
Indeed, the issue of rates valuations is a very important matter. What we need to ensure is that the legislation empowers local government. He is a confederalist of note but now he is asking national government to intervene in respect of local government.
There will be a measure of excesses in the early valuations. I think that the objections processed will probably see some return to normality. There clearly is an ongoing discussion in Johannesburg right now, where some of the valuations are excessive. There will be a return to normality but I think we must help it along rather than shout from the rooftops as though there is a new calamity. Thank you.
The DEPUTY SPEAKER: I just want to go back to the Rules. Usually, we do have members of the executive complaining. We allow a maximum of six Ministerial responses at two minutes each. The reason why we allowed more responses this afternoon is because you saved us a lot of time. We therefore decided: Let us hear more from the executive. If you are brief in your responses, we will hear more responses from the executive. That concludes Ministerial responses. We now come to the statement by the Minister of Water Affairs and Forestry.
STATEMENT BY MINISTER OF WATER AFFAIRS AND FORESTRY: NO WATER CRISIS
The MINISTER OF WATER AFFAIRS AND FORESTRY: Deputy Speaker and hon members, thank you for the opportunity to make a statement on the so-called water crisis facing our country.
Water is a source of life and such a strategic resource that it is important that Parliament and our society openly discuss and debate the issues around it. To engage in this debate, we must be armed with information and empower ourselves to better understand how this sector works. Misinformation will only create unnecessary panic and discontent, and I am sure that no one would desire that. So those who bandy about words like ``crisis’’ must surely have facts and information at their disposal before using such strong terms.
I am therefore hoping, through this statement, to set the record straight so that we all take responsibility for what we say around this issue. As the Minister of Water Affairs and Forestry, I have nothing to hide on the state of our water sector and we have been open and transparent in our presentations and inputs to Parliament’s Portfolio Committee on Water Affairs and Forestry which, I must say, has been playing an excellent oversight role over the sector.
At the outset, I would like to share with you what the water situation in the country is. Now this is in terms of water storage and therefore we are talking water security. The 2007-08 summer rainfall season started off in October 2007 with well above-normal water storages due to the good rainfall over the largest part of the country. The above-normal rainfall resulted in good run-offs which is reflected in the good storage situation in our dams and rivers across most parts of the country.
The result is that water storages in all provinces are well above the average storage and most of the provincial storages equal or exceed last year’s storage. On a national level, the current storage equals last year’s storage of 86%. So, in terms of macro water availability, there is no crisis.
But we do face challenges in some other areas and I am going to talk about the challenges and what we are doing to try, collectively, to address them. My department has in-depth knowledge about the situation, with particular reference to hot spots. The department is well organised in terms of proactive water resource planning, in terms of project planning and design as well as national infrastructure implementation.
Although South Africa is a water-scarce country with highly skewed rainfall distribution patterns and subject to droughts, we have planned for this by having a number of dams and by having strict allocation processes, extensive networks of infrastructure that transfer water from different parts of the country and a consistent campaign to remind our citizens to be water-wise by using water sparingly, although from time to time it becomes necessary to impose restrictions during periods of drought.
South Africans, therefore, can rest assured that we do not have a water crisis arising from poor planning. Our planning systems are strong and we have looked at future needs. However, we cannot allow that comfort to lead to inaction. Water should be a concern for all South Africans. Water in South Africa is supplied on a regional basis and so drought conditions and low dam levels in one part of the country can result in water restrictions in that particular area. However, dams in another part of the country may be full as a result of good rainfall.
I would like to say that we have enough water in our rivers, dams and underground to supply water for socio-economic growth and development and we have programmes in place to ensure timely development of infrastructure to ensure the future supply of water to our growing economy whilst, at the same time, trying to address the imbalances of the past with regard to access to water for drinking purposes as well as productive use for the majority who have been excluded.
To improve on our water availability, we shall also be clamping down on illegal water users and we have plans in place for major new dams. Each of the large metropolitan areas is required to do water reconciliation studies to determine scenarios of future water use and whether new infrastructure will be required to meet future needs. Climate change and its possible impact on water resource availability has been considered in these studies.
I just want to share something with you. Much work has been done in this area. Between 2004 and 2006, nine water resource capital projects were completed at a cost of R1,3 billion. Here we are talking about the Nandoni Dam in Limpopo and the Mooi-Mgemi Transfer Scheme in KwaZulu-Natal.
We are also currently implementing another six major water resource infrastructure projects at a projected cost of R8,8 billion to be completed between 2008 and 2012. Here we are talking of De Hoop in Limpopo, the Berg River Dam in the Western Cape and the Vaal River East-Subsystem Augmentation Scheme, which will supply sufficient water to Eskom power stations and Sasol. In addition, a further nine major water resource capital projects are in the planning stage and these will be built in the next five to 10 years at an estimated cost of R12 billion.
Through our planning processes, we have determined that a new dam will be required to service Gauteng by 2019. The feasibility studies to determine the location of this new dam have already been completed and a decision on the location will be made in the coming months.
In addressing the infrastructure challenges, we must distinguish between national water infrastructure and municipal infrastructure. In terms of the national water infrastructure, the Department of Water Affairs and Forestry is well advanced in developing a comprehensive asset register.
Based on its commitment to ensure effective management, the department initiated a study to investigate the condition of its works including dam safety issues and, based on this study, the need was identified to improve the situation which resulted in special funding being allocated to the Department of Water Affairs and Forestry by the National Treasury to address the national water infrastructure needs.
I request members to please not confuse dam infrastructure with other forms of infrastructure such as waste water treatment plants, which I will be addressing a little later on.
We have provided information to Parliament on several occasions on dams that require maintenance - as you have just requested – so as to bring them up to international standards. There have been some claims that our water infrastructure is now crumbling. This is most definitely not the case.
A plan is in place to do the necessary rehabilitation and refurbishment of our dams. In 2006 we set aside R1,3 billion over a five-year period to ensure that our dams are maintained and that they are in line with international standards. The maintenance programme has already started, with repair work being done on 42 of our dams.
South Africa has an excellent record with respect to the safety of dams, and conducts compulsory safety inspections at regular intervals. The identified shortcomings on DWAF-owned dams are being attended to. Our important storage dams are structurally safe and the communities around them need not be concerned.
I now turn to the state of our drinking water. At the outset, I would like to say that drinking water quality management is the responsibility of municipalities, and the Department of Water Affairs and Forestry has an oversight and regulatory role on the quality of tap water.
Over the past few years my department has implemented a countrywide system to assist with the overall management of the quality of drinking water. On average over 3 000 samples have been taken nationwide from water supply systems, and from the latest results available, we are pleased to report that more than 94% of the analyses complied with the health aspects of the national standard for drinking water quality.
The quality of drinking water from our taps is among the best in the world and these findings serve as proof that we can still claim our rightful place as one of the countries where one can drink water directly from the tap. However, 6% of the analyses do not comply with this standard.
My department, as part of our oversight responsibility, is working with the municipalities in the small towns to ensure that they meet the required standards of delivering safe and clean drinking water to our people. Armed with information from our monitoring system, we are able to be proactive in addressing any noncompliance.
Of concern to me is the state of our rivers, which are prone to pollution. I am very concerned about this pollution and I have directed my department to strengthen its oversight role so that we address this problem more comprehensively.
The pollution can come from the mining industry – what is referred to as acid mine drainage; from poor municipal infrastructure which fails to treat waste water to the required standards before releasing it back into the rivers; as a result of industrial activity; informal settlements that are established alongside rivers; and agricultural activities.
As part of our regulatory responsibilities, my department monitors the health of our rivers. All is not well. We have identified 142 high-risk sites where there is pollution. Despite what some will have you believe, we are aware of the pollution in these areas and, together with relevant stakeholders, we see it as our priority to bring them back to good health through our river health programme.
More can be done, of course, and we will be doing more. We will also be expanding the capacity of our regulatory and compliance unit. As you can imagine, for you to be able to implement the policy of the polluter pays principle, you need somebody to identify that there is pollution. So more hands are needed to inspect, to identify, to report and to police our water resources.
So we are going to be enforcing the polluter pays principle so as to make sure that those that pollute our resources pay for the resolution of the problem they have created.
I think that another important area to address is municipal wastewater treatment plants. The responsibility for the running of the wastewater treatment plants rests with municipalities. Here again we are expected to play an oversight role.
We have done an audit and found that the situation in many municipalities is dire and must be addressed as a matter of urgency. The pollution in some of our rivers, as I have already said, can be attributed to failure on the part of these municipal wastewater treatment plants. There is no denying that some of this infrastructure is old and dilapidated. Indeed, from our side, we have recognised the need to support municipalities so that they are able to comply with our guidelines. We have set guidelines for them in order for them to comply with our own standards.
The following actions are under way, over and above the continued hands-on support that we provide to municipalities over the period: We have now started an extensive database on all the wastewater treatment plants; the monitoring system is being extended to also include functionality management, governance and condition; the initial audit that we started is to be extended to all wastewater treatment plants; a special bulk infrastructure fund has been established; a dedicated programme on infrastructure planning is under way, and we have developed special guidelines to deal with infrastructure management.
An asset management programme has been initiated, and special attention is being given to institutional capacity development with the focus on sustainable management. Special attention is also being given to the regulation of the sector, which includes accountability, performance monitoring and legal intervention. Of course, there is continuous one-on- one intervention with the stakeholders in the areas which we call “hotspots”.
Finally, a concern that has been raised continually is the issue of skills. To perform the work in the sector, you require a particular skill. So, like all sectors in this country that require engineers and scientists, we face challenges in recruiting and retaining suitably qualified staff.
Whilst we acknowledge that more can be done, we have put mitigation measures in place to ensure that we do not run into a crisis. Those measures include: The use of international experts and deploying engineers to needy municipalities to train those municipalities; the deployment of officials and experts to our regional offices to train the staff there; the establishment of a training academy for young graduates, which is located at head office and we are also looking forward to improved compensation from the Department of the Public Service and Administration by means of the implementation of a special dispensation allowance for scarce-skill occupations such as engineers.
In summary, what I would like to communicate today is that our drinking water is safe and is actually getting safer by the day. There are concerns, however, as I have stated, with regard to our rivers. There are challenges, particularly around wastewater treatment by municipalities, which require urgent attention. I have stated how we are urgently intervening in those areas.
What I am saying is that our planning is strong and that we are planning way ahead of our needs. There are areas of concern, perhaps KwaZulu-Natal and some others, but the planning that is in place is going to take care of those concerns. I am saying our dams are safe.
So, hon members, this is a complex message that requires us to engage meaningfully with water issues. We must remember at all times that we live in a water-scarce region and that our water is not unlimited. We must conserve and protect our water resources.
I think the time allocated for this debate will not do justice to the amount of work, commitment and dedication by all involved in the sector, as this is not a Water Affairs and Forestry issue only; this is a DPLG issue, so we have to look at the augmentation and ring fencing of the Municipal Infrastructure Grant to ensure that it does what it was meant to do.
We also need to augment the areas where municipalities find it necessary to use the MIG finance because they do not have access to any other funding resource. So we need to deal with those matters that always come up in our interaction.
There is the matter of housing, and the sooner we have better houses and eliminate informal settlements, which are actually in large part responsible for the untreated effluent that not only does not go through any of our water treatment plants but also pollutes the rivers, particularly after heavy rains, the better. Housing will help us to deal with this problem.
There is the matter of health and water institutions and academia, which must continually help us with research for the future. Research institutions and the private sector are also involved a great deal in many of our intervention efforts, including NGOs and communities. I really want to thank all of them for the hard work that they are doing and I would like to say: Aluta Continua!
Before I sit down I would like to share with hon members that we have information about most of the issues that they have raised because, having been faced with these questions of the water crisis, we have to get a status report from each of our regional offices in the provinces. We do have such information and hon members are invited to continuously ask questions about areas of concern in their areas of work.
That information will be forthcoming and I invite members to engage honestly and openly and debate this in a constructive manner without calling it a crisis. It is an issue of concern and a challenge facing a whole lot of stakeholders, and I think we are dealing with it collectively in a way that will ensure that the situation in the areas where there are problems does not result in a crisis. I thank you. [Applause.]
Mr M M SWATHE: Chairperson, the hon Minister of Water Affairs and Forestry would be well advised to remember that today South Africa is facing an electricity supply crisis because the government ignored the warning it was given more than 10 years ago.
We need open and honest leadership that will ensure that problems are confronted head on and not ignored or simply wished away. The reality is that at present South Africa is confronted with a looming crisis as a combination of polluted water resources and poor management of dams, sewage works and treatment plants has led to a situation where our water supply is under serious threat.
A safe and reliable water supply is essential to the proper functioning of any nation. There would be catastrophic implications for our nation’s health and wellbeing if such systems were to break down. The reality is that a threat does exist. As we speak, there are already localised areas of crisis which, left unchecked, will bring about a worse crisis in South Africa than what we are currently experiencing in relation to the electricity supply.
There are three main areas of concern. The areas where our water originates are being damaged by generalised official disregard for the environmental consequences of industrial activity. The problems are exacerbated by shortcomings in the management of our dams, which reduces the supply of water we have available and also affects its quality. The Minister herself admitted last year that only 60% of 294 dams were owned and managed by her department and that only 54% of these dams comply with modern safety standards. To compound this problem, the water treatment plants themselves and the pipes that deliver clean water to our cities and towns are old and dilapidated.
Most municipal sewerage systems in South Africa are 30 to 50 years old, but few councils are doing anything more than band-aid maintenance. The dire situation has been obvious for several years and has been made known to DWAF, the Department of Water Affairs and Forestry. While it has estimated that R180 billion would be needed for a complete overhaul of the system, it has allocated only R1 billion, less than one per cent of what is needed this year.
Last week the DA sent the Minister a copy of our report on the state of South Africa’s water infrastructure. Included in that document was a comprehensive list of solutions. Instead of hiding her head in the sand, in a manner similar to that of her Cabinet colleague Alec Erwin, the Minister would be well advised to face this problem head on in the interest of all South Africans, failing which … [Time expired.]
Mr M W SIBUYANA: Chairperson, hon members, hon Minister, let me kick off by saying that it would be a very sad moment for me one day to hear the Minister say, “I apologise to the people of South Africa for the water crisis.” Indeed, forewarned is forearmed and the failure to heed any warning results in consequences too ghastly to contemplate. In statements read out in this House, the IFP spoke of water pollution reported in different newspapers and spoke of the vandalising of water supply infrastructure.
Municipalities hide behind the department’s failure to resuscitate defunct boreholes and turn them into usable assets. Some municipalities, as reported in newspapers, are failing to prevent sewage water from polluting rivers in KwaZulu-Natal, the Eastern Cape and parts of the Western Cape.
Despite the Department of Water Affairs and Forestry telling us that the media is blowing events out of proportion, there is a water crisis in South Africa. The department’s failure is there for any person of ordinary prudence to see. It cannot avoid sewage spills from old water infrastructure.
In this regard, the people who elected us are indeed in need of a quality water supply. We do not anticipate the fate of soccer coaches who fail to deliver. [Time expired.]
Ms S N SIGCAU: Chairperson and hon Ministers, the hon Minister says that there is no water crisis but it is so unfortunate that we have heard this tune before. For years there were warnings about the electricity infrastructure in this country not being maintained and expanded as it should be.
Now, again, we see certain realities and warning signs. Water usage has escalated. The number of end users has increased dramatically. Infrastructure development and maintenance have not kept pace with demand.
We know that certain water and sanitation facilities depend on electricity to operate. We also know that we live in a water-scarce country with a rapidly growing population in the midst of a major urbanisation trend that puts increased pressure on infrastructure. A full-scale risk assessment of our water infrastructure in respect of projections of future demand needs to be undertaken. I thank you, Chairperson.
Mr H B CUPIDO: Chairperson, the ACDP trusts that the serious debate on water availability and the quality of water will kick local government, in particular, into a higher gear because the results of poor water quality are mostly felt by the poorest of the poor in informal settlements. Today’s Cape Times carries a very serious article on the struggle of the Red Cross hospital and the Tygerberg hospital in their fight against gastroenteritis.
If there’s no crisis in South Africa, why do we have so many outbreaks of cholera in different provinces in our country? In 2007, it was reported that there were 77 cases of cholera outbreaks in the township in Queenstown in the Eastern Cape. In 2005, typhoid left five people dead and 3 346 others were also diagnosed with water-borne diseases in Delmas.
The quality of water that municipalities are delivering to our people, in many cases, is not good. In 2004 … [Time expired.] Thank you.
Dr C P MULDER: Chairperson, if we don’t have electricity, we can make a fire or light a candle but if we don’t have clean drinking water, we don’t have clean drinking water. It’s as simple as that. The Constitution stipulates very clearly that everyone has the right to have access to sufficient food and water.
If you’ve listened to what the hon Minister said this afternoon in terms of planning the question is: Are we planning sufficiently in terms of the needs that will exist in 2025 and 2030? Are we planning for that, because we have to do that? Are we taking the necessary steps to clean our rivers, because we hear on a daily basis of problems in the river system in South Africa?
The hon Minister did also give us figures indicating that there was a problem with 6% of drinking water samples, but in the end, if problems really come to the fore in respect of drinking water, it’s not going to be the Minister of Provincial and Local Government who’s going to be in the dark but the Minister of Water Affairs and Forestry. What we are saying is: Let us, in due course, have a discussion so that we do not have the same situation that we ended up with in respect of the electricity supply in South Arica. Let us address this – the sooner the better.
Mr P H K DITSHETELO: Chairperson, I agree with the hon Minister that there is no water crisis because our water resources are well-monitored for pollution and other elements that could, otherwise, create a crisis. There are many challenges that face us, including pollution, sewerage and fertilisers containing nutrients such as nitrates and phosphates. These are areas that are properly monitored even though they cause some pollution.
The excessive growth of these types of organisms consequently clogs our waterways, uses up dissolved oxygen and decomposes and blocks light to deeper waters. This, in turn, proves very harmful. These anomalies are well monitored. However, I say they are challenges and we have to face … [Time expired.]
Mr R B BHOOLA: Chairperson, it is reported that the World Health Organisation, WHO, estimates that in 2003, approximately 1,1 billion people had no access to safe water and 2,4 billion had no basic sanitation. It is well known that this can potentially lead to a number of diseases, such as cholera, typhoid, malaria, yellow fever, scabies and many more. Water-borne disease kills one child every eight seconds.
However, it is encouraging to note that the Minister of Water Affairs and Forestry has said South African tap water is among the safest potable water globally. The MF, however, holds that the water supply and its condition cannot always be controlled by man and that we always need interim measures to secure us from water shortages or water-borne diseases. It is interesting to note that affluent countries use up to 10 times more water than poverty-stricken countries like South Africa.
We, then, hope that since the earth is covered mostly by water, the threat of water shortages experienced in Cape Town in 2005 may see us taking measures that, in the future, would perhaps see us pumping water from the sea. We are reassured by the Minister’s statement that there is no water crisis and that industrial waste contamination by mines has been contained with an investment in securing the management of waste over the next five years. I thank you.
Mr S SIMMONS: Chairperson, no water crisis? This is becoming a trademark statement of this government’s denial. When ordinary South African citizens taste their water and it’s different or notice a difference in the clarity of the water, they do not need the Minister to come and tell them that there is no crisis. However, having been a member of the portfolio committee, I know of the excellent levels of expertise that the department had at its disposal.
My question is whether the Minister can categorically state today that her department, the provinces and the municipalities have retained this vital expertise, because in short, our very disturbing Eskom situation tells us that a loss of expertise inevitably leads to a crisis. So, if there is no crisis, as the Minister claims, then one is looming. I thank you.
Ms C C SEPTEMBER: Chairperson, the ANC welcomes this debate this afternoon. We welcome the debate because uppermost in the mind of the ANC continues to be ensuring the quality of life of our people and building a caring society that includes the provision of water, sanitation and making sure that we achieve the Millennium Development Goals. Water, lest we forget, is one of our enduring human symbols of life, regeneration, purity and hope. It is one of our potent links with the sacred, nature and our cultural inheritance.
This is our opportunity to bring water forward as a medium for a global project that unifies humanity in a single course for peace, stability, amity and ecological sustainability – not this funny attempt that we heard here today to divide. The healing powers of water, the simple pleasure of drinking pure water and the awesome power of waterfalls have the potential to bring us together as one with each other and as one with nature.
Given the limited financial and labour resources, both on a global and a local scale, decisions must be taken, hon Minister, on the basis of feasibility, urgency and tolerable levels of economic and social costs relative to socio-political, economic and ecological benefits. Yes, hon Bhoola, desalination may be the most satisfactory solution in one situation but rainwater harvesting may be the optimal one in another. What we require, hon Minister, is the institution of a global managerial strategy. This cannot be achieved without the adoption of enduring principles of justice and hope.
The key principle and culprit in this is the fragmentation of water management. Indeed, from a historical perspective, what is needed is an integrative ethic of water management which deals with local problems of water availability as a function of water resources, its transportation, distribution and consumption in a trans-regional and global context. We heard here this afternoon that some of them have started already. Choices will have to be made about the rate of consumption, the wasteful practices, recycling, and other solutions.
Different users, policy makers, financial agencies and professionals have come together many times to exchange information and to achieve trust and promote accountability and transparency, in this instance, in respect of water. Of course, there are issues that are associated with disease, water and sanitation. However, many of them were established even in the mid 19th century. A great deal of the research conducted on bacteria developed during this period. This is not a little South African problem only here and now. Many times, even in 1937 and 1938, we’ve had cholera outbreaks. We’ve had situations of industrial areas and smelly open sewers that affected people and, therefore, solutions had to be found then, they still need to be found and this will continue to be the case.
One of the influential reports on public health that was publicised was the report of Chadwick. He demonstrated and argued that unsanitary housing conditions caused disease and poverty, but he established the correlation between poor sanitation, defective drainage, inadequate water supply and overcrowded housing with disease, high mortality rates and low life expectancy. This is why we have, today, in South Africa the National Water Act and the National Water Resources Strategy that speak to all of these issues. But then we heard some statements today that, of course, there is a water crisis despite the fact that this morning, in the portfolio committee, we had a detailed briefing of the reserve, infrastructure and dams in the country.
Unfortunately, hon Mr Swathe, we understand that you couldn’t deviate from your speech. You had to say all those things and we can see that hon Swathe, hon Sibuyana and the hon member from the UDM have started a campaign by themselves – a campaign that says there is a crisis and that is aimed at breaking down the leadership responsible for government, the ANC and systems of governance it has put in place, and completely ignores everything that was said today.
They stand up in this House and deny the fact that we knew those things. In fact, what we see is that they are now snatching at straws after having not had their say about electricity. They are so dissatisfied that they even asked the President to let the Cabinet go, after it was explained to them that all of that is not going to happen - and here they come with the water issue.
Hon Minister, we ask you, please, not to despair. You must continue with the duty that the ANC-led government has entrusted to you and that is: We must make sure that we achieve the Millennium Development Goals. The portfolio committee had public hearings on water quality. We are surprised now to hear that there is a crisis.
When we had the public hearing two years ago, of course, what came out of that hearing was that there’s a disparity between cities and rural areas, insufficient local education on the ground and there are pollution in mining areas. The different departments told us how they are working together. We had the situation of a query around the implementation of the Drinking Water Quality Framework for SA and, of course, the responsibility that goes together with receiving a licence.
Hon Minister, those things would be important to focus on. Of course, we dealt with infrastructure, wastewater and treatment plants. On our oversight visits, there was no cry of “there’s a crisis” after we came from the Vaal River, the Hartebeespoort Dam and back to Cape Town. Indeed, what we are saying is that we should maybe have a look at ring-fencing the Municipal Infrastructure Grant so that we can make sure that the moneys allocated are being ring-fenced. [Interjections.]
The HOUSE CHAIRPERSON (Mr M B Skosana): Just a point of order, hon member! Is that a point of order, sir?
Mr A M MPONTSHANE: I was just wondering whether the hon member can take a brief and simple question.
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon member, are you prepared to take a question?
Ms C C SEPTEMBER: Well, of course, I must first make sure that I say what I have to say - if I can continue.
Hon Minister, as we are looking at the National Water Resources Strategy, whose five years are about to be completed, the ANC would be interested in having a discussion on what the elements are that we should now put into the National Water Resources Strategy in the next five years, because we think that strategy has provided the country with some important things that it has put together.
Secondly, what we would want to concentrate on is that much needs to be done with regard to water conservation. [Time expired.] Thank you, very much. There’s no crisis, hon members. [Applause.]
Debate concluded.
PRECEDENCE TO ORDER OF THE DAY
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Sawubona, Sihlalo. Wena kaMhlanga kaMusi! [Greetings to you, Chairperson. You, the descendent of Mhlanga, the son of Musi!]
I move:
That after Order 1, precedence be given to Orders 3 and 4 under further business.
Agreed to.
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF INTERNATIONAL CONVENTION ON THE CONTROL OF HARMFUL ANTI-FOULING SYSTEMS ON SHIPS AND CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF 1991 AMENDMENTS TO
THE CONVENTION ON INTERNATIONAL MARITIME ORGANISATION
Mr J P CRONIN: Chairperson, hon members, thank you for the applause. However, this speech is going to be very boring and I don’t think there will be any applause at the end of it.
Basically, these are two simple conventions which are both from the International Maritime Organisation. The department has only recently developed its capacity in the maritime sector and therefore there is quite a backlog of international conventions that we have not dealt with. Some members will remember that a few weeks ago we were also dealing with a couple of maritime conventions.
The first one is the International Convention on the Control of Harmful Anti-fouling Systems on Ships. I think you know about fouling. However, it’s not the kind of fouling committed by Schalk Burger or Bakkies Botha. It’s the fouling that happens to ships below the water line, where algae, barnacles and shells accumulate underneath the ship. In order to prevent that kind of fouling they paint on an anti-fouling substance, using different kinds of paint. Some of the paint that they have been using is therefore quite toxic and dangerous to ecosystems, habitats and species. So, in terms of this international convention, those particular kinds of paints are outlawed. That’s what this convention deals with and it empowers local authorities – in our case, the SA Maritime Safety Agency – to inspect ships and to stop them, if need be, to make sure that they are not carrying this kind of paint.
We are only dealing with internationally flagged ships. Having been alerted to this kind of issue, we have asked the department to give us a sense of whether local ships that don’t fall under this convention are nonetheless using these dangerous anti-fouling paints. We have not yet received a response from the department but we are awaiting that.
The second convention is even more boring than the first one. It’s called Amendments to the Convention on the International Maritime Organisation and dates back to 1991. It recognises a committee called the Facilitation Committee, which does what it is supposed to be doing – facilitate - and it basically recognises it as a fully fledged committee of the International Maritime Organisation, IMO.
The Portfolio Committee on Transport spent time with the department and with responsible officials, who then explained to us what these conventions were about. We had no problem in agreeing to what the conventions require and we therefore recommend to this House that we should approve them. [Applause.]
There was no debate.
International Convention on the Control of Harmful Anti-Fouling Systems on Ships approved.
1991 Amendments to the Convention on the International Maritime Organisation (IMO) approved.
Consideration of REQUEST FOR approval by Parliament of agreement establishing the collaborative africa budget reform initiative (CABRI)
and
consideration of REQUEST FOR approval by parliament of convention on
temporary admission (ISTANBUL CONVENTION)
Mr N M NENE: Chairperson and hon members, these conventions are just as boring as the ones Comrade Jeremy was dealing with.
One of the resolutions of the 52nd National Conference of the ANC deals with international relations, and it reminds us that the world has changed radically in recent years, with more people living in democratic societies
- particularly in Africa. It is this situation that gives us confidence and hope that we are on the right path towards a just world and a better Africa for humankind.
It is in this spirit that the ANC continues to lead on initiatives, such as the Collaborative Africa Budget Reform Initiative that we put before the House today for ratification. This is a professional network aimed at supporting African senior budget officials in their reform efforts to accelerate service delivery, improve budget management and contribute towards the achievement of development goals.
This initiative was initially conceptualised by the Ministers of Finance of South Africa, Mozambique and Uganda and has since grown tremendously, attracting more than 20 countries across Africa since 2004 - and membership is still open and continues to grow.
We are also tabling the Convention on Temporary Admission, which was adopted by the Council of the World Customs Organisation on 26 June 1990 in Istanbul, Turkey, and came into force on 27 November 1993. This convention is one of the main international agreements of the World Customs Organisation that is aimed at harmonising and simplifying customs procedures.
In a sense, this convention establishes a consolidated regime governing the temporary admission of goods and means of transport and terminates and replaces all existing instruments dealing exclusively or mainly with the temporary admission of goods.
Due to the strong expansion of international trade, there has been a proliferation of conventions, agreements and recommendations with the same objective and hence this one consolidates them.
In terms of section 231(2) of the Constitution and on behalf of the Portfolio Committee on Finance, I put these two conventions before the House for ratification after the committee has considered them and found them to be in order. I thank you. [Applause.]
There was no debate.
Agreement Establishing the Collaborative Africa Budget Reform Initiative (CABRI) approved.
Convention on Temporary Admission (Istanbul Convention) approved.
The House adjourned at 15:36. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 7 MARCH 2008
ANNOUNCEMENTS
National Assembly and National Council of Provinces The Speaker and the Chairperson
-
Draft Bills submitted in terms of Joint Rule 159
1) Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill, 2008, submitted by the Minister of Housing. Referred to the Portfolio Committee on Housing and the Select Committee on Public Services.
-
Introduction of Bills
(1) The Minister of Health
a) Tobacco Products Amendment Bill [B 7 – 2008] (National
Assembly – proposed sec 76) [Explanatory summary of Bill and
prior notice of its introduction published in Government
Gazette No 30824 of 29 February 2008.]
Introduction and referral to the Portfolio Committee on Health
of the National Assembly, as well as referral to the Joint
Tagging Mechanism (JTM) for classification in terms of Joint
Rule 160.
In terms of Joint Rule 154 written views on the classification
of the Bill may be submitted to the JTM within three
parliamentary working days.
(2) The Minister of Housing
a) Prevention of Illegal Eviction From and Unlawful Occupation of
Land Amendment Bill [B 8 – 2008] (National Assembly – proposed
sec 75) [Explanatory summary of Bill and prior notice of its
introduction published in Government Gazette No 30458 of 16
November 2007.]
Introduction and referral to the Portfolio Committee on
Housing of the National Assembly, as well as referral to the
Joint Tagging Mechanism (JTM) for classification in terms of
Joint Rule 160.
In terms of Joint Rule 154 written views on the classification
of the Bill may be submitted to the JTM within three
parliamentary working days.
(3) The Minister of Defence
a) Castle Management Act Repeal Bill [B 9 – 2008] (National
Assembly – proposed sec 75) [Explanatory summary of Bill and
prior notice of its introduction published in Government
Gazette No 30803 of 22 February 2008.]
Introduction and referral to the Portfolio Committee on
Defence of the National Assembly, as well as referral to the
Joint Tagging Mechanism (JTM) for classification in terms of
Joint Rule 160.
In terms of Joint Rule 154 written views on the classification
of the Bill may be submitted to the JTM within three
parliamentary working days.
(4) The Minister of Justice and Constitutional Development
a) Reform of Customary Law of Succession and Regulation of
Related Matters Bill [B 10 – 2008] (National Assembly –
proposed sec 76) [Explanatory summary of Bill and prior notice
of its introduction published in Government Gazette No 30815
of 25 February 2008.]
Introduction and referral to the Portfolio Committee on
Justice and Constitutional Development of the National
Assembly, as well as referral to the Joint Tagging Mechanism
(JTM) for classification in terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the classification
of the Bill may be submitted to the JTM within three
parliamentary working days.
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
a) Report of the Auditor-General on a performance audit of the
provision of sanitation services at the Department of Water Affairs
and Forestry [RP 11-2008].
b) Report of the Auditor-General on a performance audit of grant
management at the National Lotteries Board [RP 12-2008]. COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Justice and Constitutional Development on the Mandating Procedures of Provinces Bill [B8B-2007] (National Council of Provinces – sec 76), dated 6 March 2008:
The Portfolio Committee on Justice and Constitutional Development, having considered the subject of the Mandating Procedures of Provinces Bill [B8B-2007] (National Council of Provinces – sec 76), referred to it and classified by the Joint Tagging Mechanism as a sec 76 Bill, reports the Bill with amendments [B8C-2007].
MONDAY, 10 MARCH 2008
ANNOUNCEMENTS
National Assembly
The Speaker
-
Withdrawal of referral
Please note: The referral of the Budget and Strategic Plan of the Auditor-General for 2008-2011 [RP 231-2007] to the Portfolio Committee on Finance, published on page 410 of the Announcements, Tablings and Committee Reports of 5 March 2008, is withdrawn.
-
Referral to committees of papers tabled
a) The following paper is referred to the Committee on the Auditor- General for consideration:
i) The Budget and Strategic Plan of the Auditor-General for 2008- 2011 [RP 231-2007]
TABLINGS
National Assembly and National Council of Provinces
-
The Minister of Foreign Affairs
(a) Strategic Plan of the Department of Foreign Affairs for 2008- 2011.
TUESDAY, 11 MARCH 2008
ANNOUNCEMENTS
National Assembly
The Speaker
-
Membership of Committees
(1) Public Service and Administration
(a) Mr M R Baloyi has been elected as Chairperson of the Portfolio Committee on Public Service and Administration with effect from 5 March 2008.
TABLINGS
National Assembly and National Council of Provinces
- The Minister for Agriculture and Land Affairs
a) Strategic Plan of the National Agricultural Marketing Council for
2008 to 2011.
COMMITTEE REPORTS
National Assembly
The following item replaces item 3, published in the ATC of 31 January 2008 on page 91:
Report of the Portfolio Committees on Justice and Constitutional Development on a joint oversight visit to Pollsmoor Prison to consider the position of awaiting-trial prisoners, dated 21 November 2007. The Portfolio Committees on Justice and Constitutional Development, and Correctional Services, having undertaken the above oversight visit reports as follows:
-
Aim of the visit
On 23 October 2007, the Portfolio Committees on Justice and Constitutional Development, and Correctional Services, and the Select Committee on Security and Constitutional Affairs undertook a joint oversight visit to the Pollsmoor Correctional Facility. The aim was to consider overcrowding in our prisons, particularly the position of awaiting-trial prisoners. Representatives from the Magistracy, the National Prosecuting Authority and the Judicial Inspectorate of Prisons were also present.
-
Participants
The following members of the Portfolio Committees on Correctional Services, and Justice and Constitutional Development, and the Select Committee on Security and Constitutional Affairs visited the Pollsmoor Correctional Centre:
Portfolio Committee on Correctional Services: Mr D Bloem (Chairperson), Ms LS Chikunga (ANC), Mr S Mahote (ANC), Mr E Xolo (ANC), Ms W Ngwenya (ANC), Mr J Selfe (DA) and Mr H Cupido (ACDP).
Portfolio Committee on Justice and Constitutional Development: Mr B Magwanishe (Acting Chairperson), Mr JB Sibanyoni (ANC), Ms M Meruti (ANC) and Ms C Johnson (ANC).
Select Committee on Security and Constitutional Affairs: Kgoshi L M Mokoena (Chairperson) – Limpopo, Ms F Nyanda (ANC) – Mpumalanga and Mr L H Fielding (DA) – Northern Cape.
The Committees were accompanied by the following parliamentary support staff:
Ms R Lawrence (Personal Assistant to the Chairperson of the Portfolio Committee on Correctional Services) and Ms G Dinizulu (Committee Secretary to the Select Committee on Security and Constitutional Affairs), Ms C Balie (Committee Secretary to the Portfolio Committee on Correctional Services), Ms N Skaka (Committee Assistant) and Ms C Silkstone (Researcher to the Portfolio Committee on Justice and Constitutional Development)
Pollsmoor Correctional Facility was represented by: Mr Mkabela (Area Commissioner), Mr Nthombeni ( Regional Commissioner: Corporate Services), Mr Modisadife (Head: Admission Centre), Ms Dayimani (Head: Medium B Centre), Mr Molefe (Head: Medium C Centre), Mr Scholtz (Acting Head: Medium A Youth Centre) and Ms Claassen (Head: Female Section)
The Department of Justice was represented by the following members of the Judiciary: Ms M van Eeden (Acting Senior Magistrate, Wynberg) Mr M Dimbaza (Chief Magistrate, Wynberg), Mr H Swart (Acting Chief Magistrate, Cape Town) and Mr Zantsi (Senior Public Prosecutor, Athlone)
The Judicial Inspectorate of Prisons was represented by: s Pritima Osman (Acting Director: Functional Services), Mr T Titus (Visitor’s Committee Co-ordinator)
-
Overview of proceedings The Department of Correctional Services gave a short briefing to the Committees on the Pollsmoor Management Area, which was followed by extensive discussion. MPs then spoke with a number of awaiting-trial prisoners, especially pregnant women, juveniles and children.
-
Briefing on the Pollsmoor Management Area
-
Pollsmoor is overcrowded. The present occupancy rate is 168%. While Pollsmoor is designed to accommodate 4 252 offenders it currently has 7 296 offenders. 4 823 (66.8%) are awaiting-trial prisoners. At the Female Centre, which MPs visited, there are 397 offenders, of which 47% are awaiting trial. The occupancy rate is 162%.
The Department provided the Committees with the breakdown in the table below of awaiting-trial prisoners, who had either not been granted bail or had been granted bail but could not afford to pay. Sentenced juvenile offenders as well as awaiting-trial juveniles (18-21) are housed in the Medium A section.
4.2 | |Admission Centre |Medium A |Female | |No bail |2 531 |877 |152 | |Less than R |851 |242 |40 | |1000 | | | | |Above R 1000 |124 |60 |10 |
The Department also provided information, which is set out in the table below, on the number of successful conversions to correctional supervision in terms of sections 62 (f), 71 and 72 of the Criminal Procedure Act 51 of 1977 from 1 March 2007 to 30 September 2007. Section 62(f) of the Criminal Procedure Act 51 of 1977 empowers the court to release an accused on bail under the supervision of a probation officer or a correctional official. Section 71 of the Criminal Procedure Act provides that awaiting-trial juveniles may be placed in a place of safety or under supervision, instead of being released on bail or being detained in custody, while section 72 refers to release of an accused on warning.
-
| Month | Admission | Medium A | Female | |||
| Submitted | Successful | Submitted | Successful | Submitted | Successfu | |
| l | ||||||
| March | 69 | 48 (69.5%) | 59 | 47 (79.7%) | 0 | 0 |
| April | 75 | 32 (42.7%) | 29 | 14 (48.3%) | 0 | 0 |
| May | 48 | 32 (66.7%) | 23 | 19 (82.6%) | 1 | 0 |
| June | 48 | 38 (79.2%) | 15 | 12 (80%) | 0 | 0 |
| July | 43 | 43 (100%) | 44 | 28 (63.6%) | 8 | 8 (100%) |
| August | 104 | 21 (20.2%) | 90 | 48 (53.3%) | 5 | 2 (40%) |
| September | 96 | 56 (58.3%) | 225 | 129(57.3%) | 14 | 10 |
| (71.4%) |
4.3 Interventions to address overcrowding at Pollsmoor include:
• The appointment of four additional court officials (now a total of
seven) to assist with the reduced bail applications and alternative
placements for awaiting-trial prisoners.
• A list of section 62(f) and 63 applications (to reduce bail) is
submitted weekly by the court officials to the various courts.
• Heads of centres attend monthly case-flow meetings to address the
management of overcrowding.
• A list of awaiting-trail children is provided to various courts and
at case flow meetings on a monthly basis.
• The names of awaiting-trial children are given to the Department of
Social Development each Friday.
• There is constant interaction between the in-house social workers
and the Department of Social Development for available bed space at
places of safety.
-
Issues Arising
-
Applications in terms of section 62(f) of the Criminal Procedure Act
In response to queries about the granting of applications to place an accused under the supervision of a correctional or probation officer in terms of section 62 (f) of the Criminal Procedure Act of 1977, representatives from the Magistracy expressed doubt that the Department of Correctional Services has sufficient capacity to monitor those released in terms of this section. It was said that magistrates are unable to simply release people awaiting-trial without the assurance that there are arrangements in place to ensure that they will return to court. MPs also heard that a common concern is that the majority of juveniles are being held for ‘aggressive’ offences. Their parents do not always want them at home for reasons that include being unable to guarantee that they will be able to bring their children to court on the appointed dates. There are also not enough places of safety and secure care facilities. -
Conditions of Bail
Pollsmoor officials explained that there were many awaiting- trial prisoners who could not afford bail, even if it was below R1000, as shown in the Table in paragraph 3.2. above. However, they could not provide the Committees with a breakdown of the bail amounts under R1000, nor could they tell the Committees the precise details of the alleged crimes committed. It emerged that the factors involved in granting bail are complex: bail is intended to ensure that an accused returns to court on the appointed date, and is meant to take into account the affordability of the accused. Where the bail amount is small, it does not necessarily mean that the offence is not serious. Magistrates also take into account the seriousness of the offence, the strength of the case against the accused and the personal circumstances of the accused. The number of previous convictions is also taken into account. Amendments to the Criminal Procedure Act were designed to make it more difficult to get bail: Schedules 5 and 6 to the Act state that bail may not be granted for the offences listed in these Schedules, unless there are exceptional circumstances. -
Lack of information on the committal warrant
Awaiting-trial prisoners are not assessed when first brought to Pollsmoor. The committal warrants that accompany awaiting-trial prisoners do not provide sufficient details of the crime for which the accused is being detained. Typically, the committal warrant will simply state in broad terms the crime for which the accused is being held. This makes it difficult for prison officials to establish whether a particular awaiting-trial prisoner’s case should be brought to the attention of the authorities. The lack of information means that awaiting-trial prisoners can spend unnecessary time in prison. Prison officials need access to the court file in order to properly understand why an awaiting-trial prisoner is being held. -
Legal facilities available to awaiting trial detainees
Correctional Services officials said that there are facilities available to awaiting-trial prisoners to meet with their legal representatives. The Committees were informed that the Legal Aid Board visits the facility on Tuesdays, Thursdays and Fridays. Officials from the Department of Justice have also visited to explain plea bargaining. However, through further engagement with the officials, MPs established that the Legal Aid Board does not always visit the facility and that consultations between attorneys and their clients tend to take place at the courts. The representative from the Office of the Inspecting Judge was of the view that if the Legal Aid Board visited the facility more regularly there would be far more applications for reduction of bail. The Legal Aid Board, however, has a shortage of available practitioners, which impacts on its ability to conduct prison visits. It was also alleged that awaiting-trial prisoners, who are children or juveniles, are often not given a chance to contact their parents when first arriving at Pollsmoor.-
Co-operation and liaison between Departments of Correctional Services and Justice and Constitutional Development.
The Committees heard that there are inter-sectoral structures in place to streamline or facilitate the processing of awaiting- trial prisoners. These structures meet monthly. The Committees heard that awaiting-trial prisoners are considered to be a priority for magistrates, and that magistrates are well versed on issues such as juveniles in custody and the granting of bail of relatively small amounts.
-
-
Visits from Magistrates
While magistrates used to visit offenders in prisons, this is no longer common practice. With the creation of the Office of the Inspecting Judge, magistrates no longer feel that this is part of their function, and only visit when invited. -
Caseload Backlogs
Although there are systems in place, the enormous in-flow of cases creates backlogs. The Committees were informed that the Department of Justice has once again, from September, instituted backlog courts to reduce this problem.- Interventions to reduce the number of Children Awaiting Trial at Pollsmoor There are interventions to reduce the number of awaiting-trial children in Pollsmoor. Every month a list of names is provided to courts and to the case flow meetings. Every Friday, Pollsmoor provides the Department of Social Development with a list of sentenced and awaiting-trial children. Pollsmoor is also provided with information on the number of places available at places of safety and at secure care facilities. There is constant networking taking place between the in-house Social Workers regarding diversion, as well as available bed-space at places of safety. This has seen a reduction in the number of male children incarcerated from the end of August 2007, from 195 to 140 in late October 2007.
-
Committees’ Recommendations
1. In different forms, several of the observations and recommendations in this section have been made before. They are not particularly novel or exceptional and can even be seen as predictable. The difference however is in the current approach of the Committees. We are determined to follow up on these recommendations and actively monitor progress in regard to them. We are acutely aware of the challenges the relevant departments and other roleplayers face, but we believe that incremental improvements are possible and certainly necessary – and it is these modest, incremental improvements that our Committees are seeking to pursue. We are also aware of our own limitations, with our “over-loaded” programmes and inadequate research, technical and other support, and so we should not be too ambitious in setting our own oversight targets. We need to be strategic and selective in our oversight targets. In this respect, our main aim is to see incremental improvements in the position of awaiting- trial prisoners in Pollsmoor and put appropriate pressure, consistent with our oversight role, on the relevant departments and other roleplayers for incremental improvements in the position of awaiting trial detainees in other correctional facilities. The Correctional Services Portfolio Committee will, of course, focus more on the general conditions at correctional facilities and further advance its oversight role in this regard. However, our two Committees will work closer together to follow through on the recommendations set out below. This will mean working both jointly and, in a complementary way, in our own respective portfolios to monitor progress in respect of the recommendations. We might also work with other relevant portfolio and select committees to follow through on the recommendations below. 2. As part of the monitoring process, this report will be referred to the Departments of Justice and Constitutional Development and Correctional Services for an initial written response within two months of the date of its adoption. The aim of the response would be to provide information to the Committees, convey the initial views of the departments on the recommendations below, and set the basis for the briefing referred to in 5.3 below. The report will also be referred to the Pollsmoor management and other relevant stakeholders. 3. The Committees will also convene a joint meeting of the relevant Departments, the Pollsmoor management and other stakeholders within six months to monitor progress in regard to the issues raised in this report and take matters further. 4. While the Committees appreciate the challenges, we feel that for awaiting-trial offenders to constitute 66.8% of the Pollsmoor offender population is altogether unacceptable. The Committees require a more comprehensive explanation than we got during our visit on why this is the case and what is being done to improve the situation, even if gradually over time. The Committees are keen to get a better sense of how Pollsmoor fares compared to other correctional facilities. 5. The Pollsmoor officials explained their approach to dealing with the high number of awaiting-trial prisoners, especially children. However, the Committees are not clear that this approach is being implemented effectively – and will engage further on this at the briefing referred to in 5.3 above. The Committees welcome the reduction in the number of male children incarcerated, from 195 to 140, between the end of August and late October this year. 6. The Committees are concerned about the number of awaiting-trial prisoners who are being detained in prison simply because they are unable to meet bail, especially when the bail is below R1000. It is not cost-effective to accommodate awaiting-trial prisoners where the bail amounts are small. The Committees note that the Department of Justice and Constitutional Development’s 2006/07 Annual Report refers to section 63(A) of the Criminal Procedure Act that allows for the release of awaiting trial prisoners, who have been granted bail, but are unable to pay the bail. The Committees note that the Department of Correctional Services was requested by the Criminal Justice System Review Project to prioritise the release of such prisoners, and to submit a report by end of May 2007, indicating progress. The Committees are interested in what progress there has been in this regard. 7. The Committees feel that the judiciary should, where possible, make use of alternative sentencing so as to ensure that those who have committed petty offences are not sent to the already overcrowded prisons. Prison should be for serious offenders. 8. The Committees are concerned that Legal Aid Board practitioners do not regularly visit Pollsmoor, except when they are informed that an accused does not have legal representation. More immediate access to a legal representative will result in more applications for reduction of bail, and a decrease in the number of awaiting-trial prisoners. However, the Committees are aware that there was no representative from the Legal Aid Board present during the oversight visit. The Committees are also aware of the capacity constraints that face the Legal Aid Board. The Committees will refer this report to the Legal Aid Board and request a report, within two months, on the Board’s visits to Pollsmoor and other correctional facilities and the challenges it faces in this regard. 9. The Committees feel that when an awaiting-trial prisoner is committed to a correctional facility, adequate information of the crime, in respect of which the accused has been charged, has to be contained in the accompanying documentation. This information is usually contained in the case docket or court file. If the information is made available, stakeholders will be better able to ensure that awaiting-trial prisoners do not spend unnecessary time in prison. The Committees request the Department of Justice and Constitutional Development to report on the feasibility of providing the Department of Correctional Services with such information.-
The Committees feels that, within their constraints, magistrates should seek to visit correctional facilities, particularly in respect of awaiting-trial prisoners. The Committees are keen to understand what the difficulties are in regard to this and how they might be addressed. The Committees will raise this with the Magistrates Commission and also confer with the Judicial Inspectorate of Prison.
-
While it is clear that there are structures in place that provide for inter-sectoral engagement, it is not clear to what extent these structures are effective. The Committees will engage on this further at the briefing referred to in 6.3 above.
-
The Committees feel that there should be greater collaboration between all role players around ensuring better conditions for and the speedy sentencing of awaiting trial detainees – co- operation between the Departments of Justice, Social Development, Safety and Security and Correctional Services should be ongoing in this regard.
-
The Committees note that while sentenced children and juveniles take part in education, sport and developmental programmes in Pollsmoor, awaiting-trial children and juveniles are not allowed to take part. This is apparently because the latter category “fall under justice, not correctional services”. The Committees are clear that this “silo” approach is not acceptable and inconsistent with the notion of an integrated justice system, and feel that all children and juveniles, both those sentenced and awaiting-trial, should be allowed to take part in the above- mentioned programmes. Some of the awaiting-trial juveniles have been awaiting trial for long periods, some as long as three years.
-
The Committees note the interventions to address overcrowding in Pollsmoor. There is obviously a need for more places of safety as children and juveniles released from prison cannot always go back to their homes; sometimes there are not even contact details of the families of those released, especially if their families are in rural areas or provinces other than the Western Cape. The Committees note that the Department of Social Development also serves on the intersectoral task team, referred to in 6.11 above, and are interested to receive more information on the availability of places of safety. The matter will also be raised with the Social Development Portfolio Committee and, if necessary, the Department of Social Development will also be asked to attend the briefing referred to in 6.3 above.
-
The Committees welcome the use of “backlog courts” and are interested in progress in this regard.
-
The Committees believe that more should be done to ensure that pregnant women, who have committed petty crimes, are not detained in prison but are diverted to community correction or other appropriate intervention programmes.
-
The Committees will follow through on the recommendations set out above and are keen to see progress in regard to them. We do not believe that we should simply carry out oversight visits and write reports for the sake of doing so; there have to be material outcomes. The responsibility for this does not reside solely with the executive. Parliament also has a major responsibility - and, consistent with our oversight role, we commit ourselves to working with the relevant departments and other stakeholders to achieve progress in regard to the above recommendations.
-
Acknowledgements
The Committees express their appreciation to the Department of Correctional Services, the Pollsmoor management and other stakeholders for their co-operation in ensuring that the study visit was productive. The Committees acknowledge the assistance of Ms Christine Silkstone of the Parliamentary Research and Information Unit in the preparation of this report.
Report to be considered
-