National Assembly - 19 March 2008
WEDNESDAY, 19 MARCH 2008 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:04.
The Deputy 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
Mr G R MORGAN: Madam Deputy Speaker, I hereby move on behalf of the DA:
That the House –
1) notes the value of transfrontier conservation initiatives for the
protection of biodiversity and the creation of sustainable
employment in the tourism sector;
2) further notes their importance in enhancing regional integration;
and
3) debates the success of the transfrontier park initiatives in
Southern Africa and the barriers that prevent them from reaching
their full potential.
ROAD SAFETY DURING EASTER WEEKEND
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: I move without notice:
That the House-
(1) notes that on Thursday, 20 March, our national roads will experience high volumes of traffic as a result of people who will be going in various directions to be with their loved ones and others to observe the Easter Weekend;
(2) further notes that this coming weekend and the festive seasons are periods in which many families are exposed to dangers on our roads and, whilst bringing happiness to many, also results in pain and misery for many among us as a consequence of road accidents that claim numerous lives and drain our families’ and country’s economic resources;
(3) appeals to all road users to be patient on the road, take regular rests when travelling long distances, observe speed limits, fasten their seatbelts and never drink and drive;
(4) commends the many law enforcement officers who give up their Easter Weekend to make our roads safer; and
(5) wishes all our people safe journeys and all our law enforcement agencies success in their effort to curb road accidents.
Agreed to.
BEGINNING OF EASTER WEEKEND
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: I move without notice:
That the House -
(1) notes that Friday, 21 March 2008, marks the beginning of the
Easter Weekend;
(2) believes that Easter is one of the most important religious
feasts in the Christian liturgical year;
(3) recalls that the faith community in this country has made a
great contribution to the defeat of apartheid colonialism and to
the creation and deepening of democracy, and continues to play a
significant role in dealing with the challenges facing the most
vulnerable in our society; and
(4) wishes all Christians a happy and peaceful Easter Weekend and
safe journey to their destinations of worship.
Agreed to.
PRECEDENCE GIVEN TO FOURTH ORDER OF DAY
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, want to move that, after the Second Order on the Order Paper, precedence be given to the Fourth Order under “Further Business” on the Order Paper. That’s printed on the next page.
The DEPUTY SPEAKER: Okay.
The CHIEF WHIP OF THE MAJORITY PARTY: Thank you.
Mr M J ELLIS: Madam Speaker, I’m sure we may have no real objection to it, but I think some kind of explanation or reason would be useful to us because this has not been discussed with us at all.
The DEPUTY SPEAKER: I’m told that the Order relates to the business we are just about to deal with, unless there is any further explanation. It does make a lot of sense to put them together.
Mr M J ELLIS: Madam Deputy Speaker, we’ve got no problem with it, but normally it is customary for the Whips to discuss it amongst themselves. Thank you.
The DEPUTY SPEAKER: The hon Ellis has no problem with it, but there is an appeal to the Whips that they do the usual and contact each other whenever they want to put any changes to the Order Paper. I think that’s agreed to, isn’t it?
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: That’s absolutely agreed to. I think it was a minor technical oversight. It’s just a Joint Budget Committee report which should be dealt with. Thank you.
APPROPRIATION BILL
(Resumption of First Reading debate)
The MINISTER OF FINANCE: Deputy Speaker, hon members, let me thank the members of this House for the spirit in which the discussions and debates on the Appropriation Bill have been conducted.
In a country as divided as ours, and given the sometimes acrimonious debates in this House on various social, political and economic challenges, it is clear that there is remarkable consensus on issues related to the Budget. In particular, on the fact that our key public spending priorities are education, health, infrastructure, basic household services and fighting crime, there’s almost complete agreement.
We may disagree with the exact balance of spending. We may disagree with the state of the capacity to implement and we may differ on precisely how to deliver these various objectives. Nevertheless, the debates in this House show that we agree on many things about our national Budget and I think that, in many respects, this National Assembly is exemplary in the world of legislatures.
The call by the President, in his state of the nation address, to deal with matters as “business unusual,” has certainly taken hold, and our call – “Siyimbumba; we are in this together” - has galvanised our country and the political parties in this House to come together to face the challenging times ahead, united …
The DEPUTY SPEAKER: Hon Minister, if I may disrupt you for a second. I want Mr Nel and Mr Ellis to go and have their meeting outside, because I’m struggling to hear what you are saying. You may continue now, sir.
The MINISTER OF FINANCE: The last time the hon Ellis invited me out, it was different.
Our call – “Siyimbumba; we are in this together” - has galvanised our country and the political parties in this House to come together to face the challenging times ahead, united as one country.
From listening to the debates and in reading the reports of the various committees that have deliberated on the Appropriation Bill, there are as many views on where budgets should be increased as there are on concerns about the absorptive capacity or capacity to spend.
I welcome all these views and comments; they help enrich the debate and keep us on our toes. I also trust that many of these detailed issues on the quality of spending, the capacity to spend or the value for money will be taken up by the various portfolio and standing committees in deliberations on individual Votes, and I’ll return to the issue of value for money in a moment.
The process of putting the national Budget together is a long and complex one. We take seriously the views expressed by members in debates in this House and in various committees that debate the Budget. Through the Minister’s committee on the Budget, we assure South Africans that the Budget is not a technical exercise, but indeed a deeply political one, with oversight provided by the executive and legislatures at various points.
We also take into account the views of various social formations, including the People’s Budget Coalition, and of various political parties. We have to balance the needs of all South Africans in the interest of growth and development.
The Budget must also be set within both the political and economic contexts, which recognise the gains we’ve made since 1994 and the challenges that we continue to face in ensuring a better life for all.
In October, the “weather forecast” suggested a high likelihood of global economic slowdown. That was with the Medium-Term Budget Policy Statement. In February, the advent of a global slowdown was upon our doorstep, though there were still questions about its severity and longevity.
In just four weeks since the Budget, the global economy is looking decidedly more battered and worn. The sale of Bear Sterns to JPMorgan Chase for about a tenth of its value, just a week before, is a clear sign that the global financial system is in deep trouble and that we’ve not yet seen the end of the fallout from the subprime mortgage crisis.
The United States has cut interest rates from 5¼%, just a few months ago, to 2¼% this week. The last three-quarters of a per cent was cut by the Fed just yesterday. The massive injection of liquidity into the US financial system and the steps taken by the US Fed – actually the New York Fed – and the US Treasury to arrange the sale of Bear Sterns are unprecedented. In fact, there’s never been a move like this in the US economy since 1929, on the eve of the Great Depression.
From the beginning of this year and up to 12 March, our stock market has fallen by about 7½% in US dollar terms. During the same period, the Dow Jones Industrial Index has fallen 8,7%; the Shanghai Exchange in China by 20½%; the Mumbai Stock Exchange by 22,3%; the London FTSE by 9,2% and the French CAC 40 by 11,3%.
So yes, the world economy is taking strain, but our shock absorbers are helping to cushion against the worst effects of this crisis. But, in the global context, I think we must also recognise, “Eish, siyimbumba”.
We have what it takes to ride out the storm. We will be affected, but the policies that we’ve put in place since 1994 will put us in good stead to avoid the worst effects of the present crisis.
Two factors that are making the present global economic crisis more severe for the world’s poor are food and oil prices. The global food price index, produced by The Economist magazine, is up 70% in the past year. The spot price of maize, a staple diet for many South Africans, has gone up by 30% in the past year. In the year to January, food inflation in South Africa stood at 13,4%. Over the same period, the figure for China is 18,2%, for India 11,4%, and for Russia, 16,7%.
The factors that are driving up food prices include the rising demand for meat owing to rising incomes in India and China – where people eat meat, that is – the increased use of cereals and soya beans for biofuels, rising input costs, variable rainfall in major producers such as Australia, and the fall in the US dollar. These are global phenomena that impact on the poorest of our people.
This morning the SA Reserve Bank released the Quarterly Bulletin and, on the occasion, Governor Tito Mboweni addressed South Africa through the press, and reminded us of the steps we have taken to reduce our vulnerability to global shocks: We have over $32 billion in foreign exchange reserves; we’ve reduced our debt, especially our foreign and short- term debt, and our financial system is strong and well-regulated.
However, it’s also worth reminding ourselves that our large current account deficit increases our vulnerability. We have a shortfall between our savings and our investment needs. To fill this gap, we need almost R4 billion a week of foreign savings. We do not want to slow down investment. We need even higher levels of investment to grow this economy, to reduce the scourge of unemployment and to bridge the divide between rich and poor.
To do these things, we have to attract foreign investment in even greater quantities than we have in the past. So, we call on all parties to support our endeavours to make this country an attractive destination for foreign investment. We seek a wider partnership with all players - business, labour and community organisations - to attract the capital we need, because the alternative is lower growth and even fewer jobs.
Many commentators have suggested that our 4% growth forecast for this year is optimistic. I wish to draw attention to two facts:
Firstly, over the past seven years, our macroeconomic forecasts have been closer to the mark than any private sector forecasts. Secondly, because we only get two bites at announcing our forecasts, we take great care and diligence in making them. We are confident that we will meet the 4% growth rate and that the economy will accelerate in the outer years of our medium- term horizon.
In announcing the Accelerated and Shared Growth Initiative for South Africa, Asgisa, we identified several binding constraints to faster growth. These include the need for more infrastructure spending, better outcomes on the skills front, higher levels of foreign exchange reserves, lower levels of crime and improved public sector performance.
The Budget that we’ve tabled speaks to each of these constraints, seeking to unblock the constraints on higher growth and more inclusive growth.
Our Budget reinforces the view that the state is not a passive bystander in the development of this economy. The Budget is an instrument of an activist state that seeks to intervene to support higher and more equitable growth.
The public sector has an important role to play in investing in the infrastructure required to ensure faster growth and that will crowd in private sector investment.
Our economy faces a series of constraints to higher growth, ranging from skills shortages to electricity constraints, and so on. These issues were broadly canvassed in the debate yesterday. Only higher levels of investment, in building both human and physical capacity, will allow us to break these constraints.
The better planting season in 2007 has meant that, for many products, our prices have not increased by as much as the rest of the world. Nevertheless, a 30% increase in the price of maize and a 13,4% increase in the food component of our inflation basket, has meant severe hardship for many South Africans.
In the Budget, we took steps to increase the School Nutrition Programme by over 30% in the new year. Social grant increases take account of higher inflation, with the state’s old-age grant rising by 8½% and the child support grant by 10%.
We’ve also budgeted for a continual expansion of the social security system, extending the number of beneficiaries that receive grants beyond the 12,5 million at present.
We continue to monitor the situation and will act in the interest of our people to attempt to protect them from these hardships. But, we also know that what we do has to be sustainable.
The Income and Expenditure Survey, released two weeks ago, shows some interesting trends about income distribution in South Africa. Between 2000 and 2005, average income per person increased by 33% in real terms. The poorest 10% of households have seen increases of 79%, while the poorest 30% of the population have enjoyed real increases above the national average.
It is also true that the richest 10% have seen very strong growth in income by some 37% in real terms over the period. It is worth pointing out that all South Africans have seen real growth in their incomes.
Our social security system has made a significant impact on poverty in the lives of the poorest 30% of the population.
Given rising returns to skilled labour and the fact that we operate in a global market for these skills, reducing inequality remains a key challenge for us. It’s also clear that we are making progress in fighting poverty and inequality.
The Income and Expenditure Survey pointed out that the share of spending on food has fallen from about 25% in 2000 to 16% in 2005. This is a positive development and is indicative of rising prosperity, where the proportion of household spending on other, more discretionary items is rising, and spending on food as a share of spending is falling. Nevertheless, the poor still spend a considerable share of their income on food.
The policy of gradually expanding our social grant system is complemented by efforts to expand the social wage and in creating more jobs. Poverty reduction depends on more than just social grants. To focus exclusively on social grants is antithetical to our vision of a developmental state. We seek to achieve a balance between an expanding social security system and investment in the things that allow for people to break out of poverty by themselves.
Our Constitution implores us to go beyond seeing the poor as passive victims of poverty and recipients of state grants or services. Social grants are not an alternative to better schooling, investing in water, in land reform, in creating jobs, nor can it ever be an alternative to using the fallow land to grow the crops that will make a difference to the lives of our people. [Applause.]
Oil prices have increased by over 87% in the past year. South Africans were shocked this month when the petrol price increased by over 60 cents to R8,11 a litre. The Financial Times this week reported that all oil futures contracts entered into in the past weeks for delivery between the present date and 2016 were struck at a price of over $100 a barrel.
This suggests that, while oil prices may fall, it is clear that we are in an environment where oil prices are likely to stay above the $100 a barrel mark for a considerable amount of time. This has implications for how we think about the future shape of our cities, our spatial geography, our public transport systems and its implications for moving people and goods in a more efficient manner. Our adoption of inflation targeting in the late 1990s has enabled our economy to grow and to become more competitive. We recognise that interest rates are a blunt instrument to achieve the objective of a lower inflation.
However, it is also evident that even the nonfood and oil components of inflation are increasing and so, during this time of heightened turbulence, it is important that we continue to use inflation targeting as our anchor upon which we steady the economy and invest for higher growth. We cannot, as the hon Bekker suggested, at the first signs of stress, abandon our anchor.
Several members have raised the appropriateness of increasing the general fuel levy and the Road Accident Fund levy at a time when fuel prices are rising. The general fuel levy is being increased by 16 cents a litre, or 5%. This is below the projected rate of inflation. It is true that fuel taxes do impact on the poor and that rising fuel costs impact negatively on disposable income.
However, we must also accept that certain products create negative environmental externalities and that it is appropriate that taxation be used to encourage conservation and more efficient use.
Going forward, as we invest in the public transport system, we have to see that the tax system has to play a role in encouraging the greater use of public transport. The 5 cents a litre increase on the Road Accident Fund levy is above the present inflation rate, but is below the overall rate of increase in petrol.
On the Road Accident Fund, hon members, we do indeed have a problem, which several members have raised in this debate and which was canvassed in the Portfolio Committee on Transport, yesterday. Parliament has a role to play in helping to resolve this problem, both through its legislation and its oversight of the Road Accident Fund.
In this Budget we announced an allocation of R60 billion over five years to support Eskom’s capital investments. These investments are critical to ensuring that economic growth will be available well into the future. We are working with Eskom to ensure that they have the resources to meet their investment needs.
We’ve also been clear that cheap electricity, which has had benefits for the economy over the past 15 years, certainly must give way to more appropriately priced energy so as to provide the resources to raise investment levels and to ensure that we use electricity more efficiently.
We are firm in our view that the shift to a more energy-efficient economy has long-term benefits for our country and has the potential to enhance the labour absorption capacity of the economy. We recognise that there are shorter-term adjustment costs that have to be met. Our policies must ensure that these costs are orderly and take account of the impact on employment.
There has been vigorous debate in these Chambers on the fiscal stance adopted by government. Such debate is, of course, welcomed as it ensures that more South Africans understand what we seek to achieve.
Given the high current account deficit, rising inflation and volatile international environment, the measures we have taken to raise national savings, I insist, are correct and will provide a degree of protection in these troubled times.
The economic reforms that have been put in place and have been there since 1996 seek not to pander to international capital or the whims of any one interest group. They are firmly aimed at providing our economy with the resources and protection required to grow and to grow more equitably.
Furthermore, fiscal policy has provided the public sector with the resources to impact on the lives of all South Africans. We might debate the magnitudes and levels of savings we seek to garner through our fiscal stance, but we all recognise the fact that fiscal policy has created a stable platform upon which we can achieve our social, political and economic objectives. There’s also unanimity in this House that Budget allocations in themselves do not change people’s lives. It is the translation of financial resources to quality schooling, bricks and mortar, better roads and public transport networks, improved health care and more effective policing that our people seek.
Judging from the many remarks by members, we recognise a growing frustration with the pace of service delivery, notwithstanding the allocation of significant amounts of money.
We accept that, in many parts of the Public Service, we do not get good value for the billions we spend. This House has a critical role to play in raising the bar on the performance of the public sector. In this regard, I welcome the steps taken by Parliament to hold the executive, departments and senior managers to account for the money that this House allocates to them in legislation. [Applause.]
Over the past decade, we have steadily improved the amount and quality of information that we provide to the legislatures and the public on service delivery. It is your task to use this information to hold government to account. Where the information provided is of poor quality, make a noise. Make a loud noise so that we can step up our game even further.
I fully agree with the sentiments expressed yesterday by the hon Mashiane, who implored this House to have greater attention to detail.
This government will not allocate resources to poorly conceived plans and will not pander to the wild ambitions of some departments that seek resources for what the hon Cronin referred to as “vanity projects”.
We seek your vigilance in ensuring that the hard-earned fiscal space that we have created is allocated towards and is used effectively on projects that will have greatest impact on the lives of our people, not those that are driven by personal aggrandisement.
Finally, I’d like to thank both the Portfolio Committee on Finance and the Joint Budget Committee for their hard work and diligence in processing this Bill, in taking on board the views of groups both inside and outside this House and in supporting our collective efforts to steer the Budget towards the objectives we all hold so dearly.
In particular, I want to thank the Chairperson of the Portfolio on Finance, the hon Nhlanhla Nene, and the joint Chairs of the Joint Budget Committee, Ms Louisa Mabe and Mr Buti Mkhalipi.
In conclusion, I wish to repeat that we are all in this together - siyimbumba. We face a difficult set of challenges in the period ahead. We are confident that our ship is strong and that we will weather the present storms that are raging worldwide.
We have steadily built up our defences. Yes, we are going through a difficult period, but this economy has the resilience to continue growing, and we are well-placed to benefit from a global recovery in the near future.
When one looks beyond the storm, we can see the tremendous potential of our economy. Similarly, when we look at our public finances and at our public sector, we can see that the bigger picture shows steady progress in developing our capabilities and improving the lives of the poor. We will ride out this storm; we will create a better life for all. Siyabulela. [Thank you.] [Applause.]
Debate concluded.
Bill read a first time.
APPROPRIATION BILL
(Consideration of Report of Portfolio Committee on Finance)
There was no debate. The CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, I move:
That the Report be adopted.
Motion agreed to.
Report of Portfolio Committee on Finance on Appropriation Bill accordingly adopted.
BUDGET AND MEDIUM TERM EXPENDITURE FRAMEWORK
(Consideration of Report of Joint Budget Committee)
There was no debate.
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, I move:
That the Report be adopted.
Motion agreed to.
Report of Joint Budget Committee — Budget and Medium-Term Expenditure Framework accordingly adopted.
TAXATION LAWS AMENDMENT BILL
(Introduction)
The MINISTER OF FINANCE: Deputy Speaker, hon members, before us today is the first instalment of the annual tax package, formally known as the Taxation Laws Amendment Bills, 2008.
The 2008 Budget made a number of reductions in tax rates, as well as changes in thresholds. The main objective of this Bill is to give effect to these new rates and thresholds. Though a second set of annual Bills will follow later in the year dealing with more complex issues, the Bills tabled today address pension issues, administrative measures to assist in the coming filing season as well as the closing of certain loopholes.
The 2008 Budget proposed several adjustments to tax rates and thresholds, including the reduction of the corporate rate from 29% to 28%. This 1% drop represents a long trend of gradual company rate reductions in line with global trends. It is hoped that this rate reduction will assist companies during these turbulent times so as to promote employment rather than being a means of excess profit-taking through executive bonuses.
These Bills also fulfil our ongoing commitment to protect individuals from the indirect effects of inflation by adjusting personal marginal brackets and thresholds for all income groups. For instance, at the low end, income up to R46 000 will now be exempt, instead of the previous R43 000. At the top end, the 40% rate now comes into effect for taxable incomes above R490 000 instead of the previous R450 000.
With the rise of global inflationary pressures, this year’s tax changes represent a gradual shift towards a supply side approach. Personal savings continue to be a priority. The tax-free interest and dividend thresholds are increased as well as the tax-free capital gains thresholds.
Before returning to the details of the Bill before us today, it would do well to remember the positive changes that have occurred over the years in terms of overall taxes. Corporate and individual rates have been significantly reduced. The headline corporate rate has decreased from a high of 40% plus secondary tax on companies to 28% without it, and the top marginal personal income tax rate has dropped from 45% to 40%. The income level at which this top marginal rate becomes effective increased from R120 000 in 1999-2000 to R490 000 in the proposals before us now. At the bottom end, the marginal personal income rate decreased from 19% to 18%. All of these changes have lessened the tax burden on wage and salary earners and business operations.
However, given our success in broadening the base, these rate reductions have been achieved without undermining the revenues. Our tax-to-GDP ratio has risen from 22,8% in 1994-95 to a projected 28% in the present financial year. Over 80% of our revenue comes from three tax instruments: personal income tax, corporate income tax and value-added tax, VAT. What has changed over time is the proportion contributed by each of the three instruments with a shift away from individuals bearing most of the burden. The SA Revenue Service, Sars, repeatedly collects more revenue than originally budgeted, thereby giving scope for further fiscal reforms.
Let me turn to the closure of anti-avoidance schemes, because the Bill also deals with the pension streamlining and a series of matters that are considered broadly under administrative modernisation. Although the first set of annual tax Bills is generally designed solely for rates, thresholds and other straightforward matters, urgent closure of tax avoidance schemes remains an unfortunate but necessary priority. This closure is important if we are to maintain the necessary ingredient of a broad base to facilitate low rates.
The most notable target of concern was the misuse of the corporate intragroup roll-over regime. Although this regime was intended solely as a mechanism for deferring taxable gains when a group of companies passes assets from one group member to another, certain manipulated schemes achieved a whole lot more. In these schemes deferral became outright exemption, thereby allowing group companies to be sold to independent parties wholly free from tax. It is worth noting that some private equity stakeholders played a central, but by no means exclusive, role in this arena. At the end of the day, our approach has been to be tough but fair. After fully taking into account all comments received, we chose a course that fully closed the loopholes of concern without undermining legitimate commercial transactions.
One final note worth mentioning is another avoidance scheme uncovered during the informal hearings process. In these schemes, legitimate and important commercial transactions such as black economic empowerment, BEE, are used to generate artificial deductions through excessive financing. Whilst we do not wish to hinder the transactions necessary for our economy, we cannot sit idle while legitimate transactions are used as a masquerade for tax avoidance. In order to remedy this newly uncovered concern, a media statement will shortly be issued in this regard.
Again, I would like to thank the hon Nene and members of the portfolio committees for their valuable role in the process. Some of these hearings are difficult and we don’t have a procedure to amend money Bills, so we listen carefully and take these issues away with us. I think members of the portfolio committee would know that there are changes that take place in the process. The committee’s intervention helped bring some very important facts to light. On that note, Deputy Speaker, I have pleasure in tabling the Taxation Laws Amendment Bill, 2008. Thank you. [Applause.]
Bill referred to the Portfolio Committee on Finance for consideration and report.
CROSS-BORDER ROAD TRANSPORT AMENDMENT BILL
(Second Reading debate)
The DEPUTY MINISTER OF EDUCATION: Deputy Speaker, hon members, distinguished guests, on behalf of the Minister of Transport, Jeff Radebe, I have the privilege of addressing you.
The Cross-Border Road Transport Amendment Bill seeks to amend the Cross- Border Road Transport Act of 1998. The Act established the Cross-Border Road Transport Agency and provides for the regulation of cross-border transport activities, i.e. international, road passenger and freight transport. The Act has been in operation since 1 April 1998 and, in the process of implementing it, certain amendments to it have become necessary, as will be indicated below. Furthermore, international agreements to which the Act relates are constantly being entered into or amended. The Bill seeks to bring the Act in line with the current agreements and current practice.
The main objectives of the proposed amendments are the following: to amend the Cross-Border Road Transport Act of 1998 so as to insert a table of contents; to insert and amend certain definitions; to regulate the granting of permits; to provide for special emergency measures; to provide for transformation in the cross-border road transport industry; to update references to traffic legislation and to formulate properly certain offences; to amend certain provisions of the National Land Transport Transition Act, Act 22 of 2000, so as to effect certain consequential amendments, and to make provision for matters connected therewith.
The Bill seeks to introduce new definitions, describe more fully the scope and functions of the board and the allocation of powers to the agency. The Bill also seeks to empower the chief executive officer to appoint the staff of the agency to enhance the powers of inspectors, and sets out factors for consideration in issuing permits as well as withdrawal and suspension of permits. It also deals with the introduction of publication of applications only if permit conditions are to be amended, as opposed to the publication of renewals in the Government Gazette, and deals with the enhancement of consultative structures, etc.
With regard to consultation, I may mention that there’s been a lengthy and intensive period of consultation. The consultative process was as follows: An amending Bill was published for comment in May 2000. A plenary conference for stakeholders was held in February 2002. The Bill was referred to the Minmec in April 2003, where all provinces and other stakeholders were provided with the opportunity to consult fully. The Bill was published again for comment on 5 September 2006. The Cabinet Committee for Justice, Crime Prevention and Security has been consulted and it concurred with the Bill. The border control co-ordinating committee has also been consulted. The Bill was certified by the state law adviser.
The amendments which are now put before you are extremely urgent and compelling. I am therefore fully confident that the amendment of the Cross- Border Road Transport Act will put in place the smooth functioning of the Cross-Border Road Transport Agency in line with international road passenger and freight transport systems. For those of you who will be travelling, arrive alive. I wish you well over the Easter Weekend. Thank you very much.
Mr J P CRONIN: Deputy Speaker, the Deputy Minister who stood in at the last moment to enable us to have this debate.
The Cross-Border Road Transport Agency which we are dealing with today is actually a relatively less known agency which has a fairly important mandate: to improve the unimpeded flow of passengers and goods within our Southern African Development Community, SADC, region. It also serves to reduce the operational constraints on cross-border road transport operations to ensure that there is regulated competition in cross-border road transport as well as to empower our cross-border road transport industry to improve its safety, security, reliability and the quality of its services.
The agency has a fairly small staff of about 120 people, most of whom, as is appropriate, are out on the roads as part of the inspectorate. It is an agency which is governed obviously by the principal legislation which we are amending today but also by a series of international agreements and treaties between South Africa and its various partners. In 2006-07, for example, it issued almost 60 000 permits for tourists, passengers and goods in cross-border operations.
The Bill in front of us which amends the principal Act is one that we in the committee didn’t simply rubber-stamp. There are a number of amendments proposed in the Bill that we do accept, but there are others that we have rejected. Amongst those that we have accepted are the special emergency powers which this amending legislation seeks to give to the Minister of Transport who, after consulting with the regulatory committee and the relevant provincial MEC, would be empowered then to suspend cross-border operations, but not for more than 21 days. This would be in case there are serious acts of violence and so on, as does sometimes occur, alas, in the public transport field from time to time.
We have also, amongst other things, cleaned up the principal Act in order to make it very clear that it is the job of the chief executive officer, and not of the board, to appoint the inspectorate. The problem is of course that it seems that, in the recent past, the board got muddled up in the process of appointing staff. One of those who petitioned us to look at this more carefully was the union in the sector, the Police and Prisons Civil Rights Union, Popcru. In their written submission to the committee, they have endorsed what in fact was already in the amending Bill.
There are a couple of things that we did reject as well. One was a clause which sought to give the Cross-Border Road Transport Agency the power to levy and collect tolls on behalf of the SA National Road Agency Limited, presumably at tollgates or toll plazas. Frankly, I could not make out what they were trying to do here. Only this morning, coincidentally, when we were meeting with Sanral in our budget hearings, did the penny begin to drop - at least for me.
I am saying this because, a year ago, the Cross-Border Road Transport Agency came to us and said that, in some of our neighbouring states, their counterparts are imposing feudal levies on South African operators who are going across the borders. They said that they want to do the same. We said that is not what we want to do as South Africans. We want to encourage the free and effective flow of passengers and goods throughout our region. We do not want to start a price war of a feudal kind. We rejected it and I do not know if this is true, but maybe this is what came back in disguise - which is to say that they did not mention anything like that, but they said we would like to act as an agency on behalf of Sanral at the toll plazas to collect their tolls. We said as a committee that this is not their mandate. It is scrambling up mandates, and so we rejected that - which is not to say that there isn’t an important requirement for the SA National Road Agency and the toll plazas to work very closely with the Cross-Border Road Transport Agency.
This morning, in our hearings, Sanral assured us that this is what they are doing. For example, they are building significant facilities at the Musina border post for the Cross-Border Road Transport Agency. There are also other interesting possibilities. For instance, when the Zimbabwean bus operator who takes passengers from Harare to Johannesburg has a legitimate permit to do so, then that is absolutely fine, but we need to be careful that the bus does not wander off on the way, picking up, loading and off- loading passengers and therefore, in that way, steal the business of South African operators. He would be very unwise to do it and I doubt whether Zimbabwean operators would do that, given the track record of our own operators in these matters thus far. We don’t want that to happen.
What the tollgates do is provide an electronic record of exactly where a vehicle has been. An interface between Sanral, the toll plazas and the Cross-Border Road Transport Agency is something that we certainly want to encourage, but we do not want them to be sitting in the toll plazas collecting tolls on behalf of Sanral. That is why we rejected that.
The slightly more complicated area that we bumped into in this amending Bill was that we were reminded that, in the principal Act, as well as in the National Land Transport Transition Act, there are requirements which require that if you are dropping off passengers within one kilometre of an international border in South Africa, you must have a cross-border permit. This is strengthened by saying that the burden of proof is on you to prove that the passengers you are dropping off within one kilometre of the border are not going to be walking across the border and that they are in fact local people living in the village nearby to the border. That immediately struck us as being very wide open to constitutional challenge. As we probed the matter further, we began to wonder about the wisdom of the principal Act itself in saying that you require a cross-border permit if you are dropping off passengers within one kilometre of a border. We could see its intentions.
In our conversation with the Cross-Border Road Transport Agency in the course of the hearings, they said they have a huge problem in the Free State. What is happening in the Free State, according to them, is that the buses that take mineworkers from the Gold Fields back to Maseru are stopped illegally by taxi associations in big towns near the border with Lesotho and they charge them R3 000 in order to be able to proceed. If they do not pay, the passengers have to get off and then the taxis take over the business. They don’t have a cross-border permit and then they take the passengers close to the border-post crossing. We do not want that, absolutely. It is terrible for the mineworkers that they have to get on and off and, in the process, they lose their goods. This is not something that we think you will try to address through preventing people dropping off and picking up passengers within one kilometre of the border, as it will create its own kind of chaos.
We have also called in the Free State MEC and the Free State operating licensing board and made them aware of the existing problem. We do not want to legislate for the problem in this manner. We think it is inappropriate and that it will result in other things. What will happen is that the taxi associations will still stop the buses, but they will drop the passengers 1,2 km short of the border and it will be perfectly legal and create even greater disruptions. This has to be sorted out at the enforcement level. We have impressed that on the MEC in the Free State, as well as on the operating licence board and they fully agree. So, we have rejected that amendment and we have gone and amended the original principal Act as well as the National Land Transport Transition Act which contain references to this notion of one kilometre, which we think is unworkable.
In conclusion, I would like to thank the Department of Transport staff, particularly Deputy Director-General Marius Luyt who is always very co- operative and helpful in these matters; the CEO for the Cross-Border Road Transport Agency, Mr Mabuza; the Southern African Bus Operators Association, Samboa, Popcru and others who made submissions and the members of the committee, including Stuart Farrow.
The ANC supports the Cross-Border Road Transport Amendment Bill. Thank you.
Mr S B FARROW: Madam Deputy Speaker, I think the chairman of the portfolio committee has said more or less what I wanted to say because we did reach a lot of consensus here. This Bill before us required amending due to necessary compliance with the existing international agreements and memorandums of understanding between our neighbouring countries of Botswana, Lesotho, Namibia, Swaziland, Malawi, Mozambique, Zambia and Zimbabwe.
Further, this Bill needed to align itself with the already proclaimed National Land Transport Transition Act. What appeared, to the committee, as a simple procedure turned out to be a little bit more complex than we thought. As was said, this resulted in extended sittings in order to get a bit more of a clearer perspective on the implications and the complexity of certain sectors of the Bill. Notably, these were whether the agency should levy and collect tolls on behalf of the SA National Roads Agency, Sanral, and prevent picking up or setting down of passengers within 1km of an international border, and to check some related alignments, as was said, to the original National Land Transport Transition Act. Finally, it was also to get better definitions of cabotage and other such matters in the Bill.
In dealing with the first issue, the committee felt that the Cross-Border Road Transport Agency should not see itself embroiled in aspects of toll collection as, clearly, this was a function of Sanral and its concessionaires. And, rather than legislate for this process, it could, where applicable, deal with any arrangements of this nature as a memorandum of understanding or even an internal bilateral arrangement. Permits and tolls, by necessity, should not mix. Both Sanral and the CBRT Agency should stick to their mandates.
On the second issue, the proposed clause 16(d) in the original Bill could be seen as unconstitutional, and how it got there we don’t really know and as a hindrance to seamless cross-border transport. This was complicated even more by virtue of the fact that it could clash with permits issued by the operating licensing boards that operate in these areas, for taxi associations operating to and from border posts, and those permits issued by the CBRT Agency. The case in question, which was mentioned, was brought to the notice of the portfolio committee in the public hearing process, and, in the Free State, there was a clear case of conflict arising out of operating licensing board permits and CBRTA permits. To this end, the MEC of Transport and the chairperson of that operating licensing board actually appeared before the portfolio committee to clarify the situation, where it was alleged that there is a sum of R3000 imposed on cross-border transporters and it was a common occurrence before affected vehicles could cross into Lesotho.
The committee felt that it would be improper and difficult to manage and control aspects of that clause, where proof was needed to be able to pick up and set down passengers within a kilometre of an international border. In fact, somebody could go with a measuring tape if you wanted to really prove where that was, and drop them off at 1,2km or 900m as the case may be.
But, needless to say, after discussing this particular issue, the MEC and the operating licensing board of the Free State and the agency agreed to resolve these different understandings and clarify their roles in regard to the current practice that was taking place, and we felt it wasn’t necessary to legislate for that and that it should just come to a stop and the law should be enforced.
And then, further, this was endorsed by modifying the amending section 46 of the National Land Transport Transition Amendment Act, by ensuring that no one may now set down passengers at or near an international border where it was clear that such passengers intended to cross the border into another state. No one may pick up passengers at or near a border where it is clear that such passengers come from another state, having crossed that border into the Republic.
It sounds very complex, but, all in all, the Bill, once promulgated, will ease the burden of passengers having to disembark from buses or taxis at border posts, walk through these borders, and alight again on the other side, particularly when they are carrying large items of baggage and packets. This would make life much more comfortable for those passengers while, at the same time, ensuring that their journeys are safer and unencumbered during their stays in SADC countries. The DA supports the Bill. Thank you, Chair.
Mr E J LUCAS: Madam Deputy Speaker, South Africa is a major destination for neighbouring states. It is therefore important for us to harmonise the free flow of traffic which will encourage the economic development of the region. This amending Bill will certainly help to improve customer service, and the Inkatha Freedom Party supports the amendments. Hopefully, with the streamlining of border operations, the long traffic delays and loss of revenue will be reduced. We welcome the extension of permit periods to five years. This will render much comfort to the permit holder as it will reduce the risk factor, produce the return on investment and will also encourage new entrants into the industry.
The unfair practice of transferring and hiring permits from individuals will cease. The compulsory annual testing of vehicles with permits is very important, as this will help in keeping vehicles in roadworthy conditions which will in turn reduce unnecessary accidents. It will also be a great help if traffic officers could check vehicles for safety and not only concentrate on trapping for speed.
Cabotage will assist in ensuring vehicles will be able to load and off-load between two points. This practice must be closely monitored because it may be open to abuse by unscrupulous carriers. Transportation of people can also be a major challenge. I am not convinced that there is a watertight method by which the authorities can enforce the permit system on people crossing the borders. These amendments have to be closely monitored as the required results will only be visible if enforced correctly. I thank you.
Mr S N SWART: Chairperson, the ACDP supports this Bill as amended by the transport portfolio committee, as it brings our obligations in line with international treaties. We do, however, note that the presumption referred to by the chairperson, relating to offences and initially included, to the effect that an operator picking up or dropping passengers within 1km of an international border is presumed to have undertaken cross-border road transport of those passengers was reconsidered and removed by the portfolio committee, and that we welcome.
We also, however, share the view that tougher measures are needed to control cross-border transport, particularly in view of organised crime syndicates smuggling vehicles, drugs and other contraband as well as the scourge of human trafficking. The ACDP also supports section 46(a), aligned for special emergency measures where this is necessary in border areas which are characterised by violence, unrest or instability. Our innocent commuters cannot be held hostage by transport providers who don’t hesitate to use violence to achieve their aims.
So, the ACDP will support this Bill and we, together with the chairperson and others, trust that all travellers will have a safe time and will arrive alive. Thank you very much.
Ms S RAJBALLY: Chairperson, the MF respects the amendments made to this Bill that clearly indicate an intention to effectively and efficiently manage our cross-border road transport. The legalities that this Bill aims to address shall certainly secure the industry’s compliance with the law. We have recently heard of many people entering the country illegally via this manner of transportation and we seek stringent methods to curtail the problem. We also hope that, in managing this sector, rules of keeping the road safe will also be adhered to.
We have had so many fatal accidents throughout the country involving trucks that are transporting goods. We suggest a clear period be insisted upon so that drivers can be monitored and, in doing so, attempt to stop the exceeding of speed limits.
We are also pleased that the granting of permits and collection of tolls will be handled by the Cross-Border Road Transport Agency. The MF supports the Cross-Border Road Transport Amendment Bill. I thank you.
The DEPUTY MINISTER OF EDUCATION: Thank you very much, Chairperson. At the outset, I thank the portfolio committee and its Chair as well as the members for their diligent scrutiny of this Bill. Certainly, the Bill has been enriched as a result of their efforts.
I could just perhaps raise the point of the value and importance of co- operative governance in the manner in which you were able to deal with the issue in the Free State and I think that has its own use. I certainly agree with the hon Mr Lucas that monitoring would be very critical in terms of this particular process.
Indeed, Mr Swart, you are correct that the presumptions that applied in legislation of yesteryear do not apply or are not consistent with the Constitution. So, thank you very much for the suggestions and the amendments to the legislation. I do believe it provides this Parliament and this House with a better Bill than was placed before it. Thank you very much. [Applause.]
Debate concluded.
Bill read a second time. SECOND-HAND GOODS BILL
(Second Reading debate)
The DEPUTY MINISTER OF SAFETY AND SECURITY: Thank you, Chairperson. Hon Minister Mr Charles Nqakula and Members of Parliament, may I take this opportunity to congratulate the chairperson of the portfolio committee and the portfolio committee in dealing swiftly with this Bill without compromising on the consultation process. I am convinced that the consultations, which preceded the Bill, contributed much to ease the process in the committee.
The Bill was twice published for comment, and business and the industry itself participated intensively in the consultation process. The Bill was also tabled at the National Economic Development and Labour Council, Nedlac, and all the parties involved in that process supported it. When the portfolio committee invited comments on the Bill and participation in the public hearings, there was a quick response from the industry - mostly supportive of the Bill. I welcome the portfolio committee’s input by refining and making this Bill user-friendly.
The Second-Hand Goods Bill intends to repeal the Second-Hand Goods Act, Act No 23 of 1955, which is outdated and, in some respects, inconsistent with the current Constitution.
The Bill aims at stamping out crimes which have a negative effect on our economy: Thefts that not only require replacement at huge cost, but also result in losses in the form of power cuts, the interruption of commuter train services and communications services. Eskom, Telkom and Transnet lose millions of rands every year as a result of the theft of copper cables and power cables, whilst the public and business have to carry the cost in terms of the loss of income as well as inconvenience to the public at large.
One of the main deficiencies of the present Act is that the issue of metal recyclers is not addressed sufficiently in it. The Bill addresses this by providing for the registration of the metal recyclers and the prohibition and the possession of recycling equipment by persons not registered as recyclers.
An important contribution was proposed by the industry, namely to prohibit the dealing in burnt copper wires - unless a proper explanation can be provided. Experience has taught us that the burning of insulation covering of copper wire is a cheap and effective manner to disguise the origin of stolen copper wires.
I believe that one of the largest groupings in the second-hand goods industry approached the portfolio committee to be excluded from the operation of the Bill. The Retail Motor Industry Organisation of South Africa argued that it is already highly regulated in terms of other legislation and that the Bill will place unnecessary burden on the industry. It needs to be mentioned that the second-hand car business had been exempted for many years from the present Act. The extent to which the business had been abused as a market for stolen vehicles forced the Minister to withdraw these exemptions some years ago. I agree fully with the portfolio committee which responded strongly by making it clear that there is no possibility of excluding it from the operation of the Bill, not when hijacking is so high in our country and leads to the loss of many lives. It was therefore good of the portfolio committee not to grant that.
Another issue which was raised is an objection by the National Automobile Dealers’ Association against the provisions in the Bill that second-hand goods may not be changed in appearance or form for seven days from the date of acquisition. The argument that was made that dealers in the motor vehicle industry will not be able to service or value a vehicle in that period is simply not what the Bill intends to provide. This requirement is provided for in section 7 of the present Act, and is therefore not a new obligation that is being created in the Bill. This was a flimsy excuse by this association.
The Bill provides that a comprehensive inspection must be performed by the police officers at least once a year at each dealer. I appreciate that the effective policing of an industry of this nature is the key to the success of fighting crime in our country. It is realised that some sectors of the industry are highly specialised. Furthermore, there are islands of self-regulation within the industry which set an example of how the industry could contribute to the ethical standards in the industry and strengthen the task of the SA Police Service in executing their work. It also establishes the possibility of a structured self-regulation by means of accredited associations which will be tasked to improve standards and ethics in the industry. They are obliged to inspect the businesses of their members. The associations will play a role in recommending the registration of dealers. Dealers who are members of accredited associations may be exempted from some of the requirements, but it must be made clear that exemptions will not be given – which may undermine the basic principles of the Bill.
The Bill provides for the registration of second-hand dealers and recyclers. Each premise on which business is carried out must be registered. If a person commits an offence which disqualifies him or her as a dealer or recycler, he or she must be deregistered. In case of an offence in terms of the Bill, there is discretion to deregister the dealer or the recycler. Administrative processes, in conformity with the Promotion of Administrative Justice Act, are prescribed in respect of the decision- making process to deregister a dealer or recycler.
In respect of policing the industry, provision is made for routine inspections without a warrant during business hours. In addition, search and seizure warrants may be obtained from the judiciary where the commission of an offence is suspected. In cases where there is a danger that obtaining a warrant may defeat the purpose of a warrant, a search may be done without a warrant after business hours.
The provisions in this regard are aligned to similar provisions in the Criminal Procedure Act and the constitutional requirements. The Bill also provides that, upon the strength of a warrant, the business premises may be sealed off for the purpose of a police investigation.
The enforcement of the Act will be further strengthened through inspections performed by the accredited associations. A further new feature that the Bill provides is that the National Commissioner may, in writing, delegate any functions conferred upon him or her by this Act to any official in the service of the state or employed by a statutory body. An official to whom a function has been so delegated must perform the functions subject to the control and directions of the National Commissioner. This will also supplement the SA Police Service in policing the industry.
Dealers must keep prescribed registers on the acquiring and sale of second- hand goods. These registers will be valuable as investigation tools and in ensuring compliance with the Act.
A further new feature is an obligation on dealers to report suspicious transactions to the police. A dealer will open himself or herself to prosecution by closing his or her eyes to suspicious goods. For example, where identifying numbers such as serial numbers are removed, it is clear that the goods might be stolen.
In particular, the Bill provides for communication equipment such as cellular phones and complementary legislation, such as the relevant provisions in the Regulation of Interception of Communications and Provision of Communication-related Information Act of 2002.
The Bill also provides for regulations that the Minister for Safety and Security may make. Regulations, which are tailor-made for each industry sector, are envisaged.
The Bill further provides for the basic framework as well as the minimum requirements for the industry. The regulations will dovetail with the issue of limited and controlled self-regulations. In order to make the Bill operational as soon as possible, an appeal is made to the industry to organise itself in respect of associations, which can be accredited, and to participate in developing appropriate standards in respect of each industry segment.
Chairperson, I submit the Second-Hand Goods Bill, as amended by the portfolio committee, for acceptance. I thank you. [Applause.]
Ms M M SOTYU: Chairperson, the Second-Hand Goods Bill seeks to amend and build upon the foundation laid by the Second-Hand Goods Act, Act 23 of
- It has been found that the principal Act is not adequate to prevent trade in stolen goods.
Trade in stolen goods has encouraged more housebreaking, carjacking and assaults. This Bill will address each market segment uniquely, and legitimate second-hand goods dealers will benefit from this Bill.
The Portfolio Committee on Safety and Security held public hearings and deliberations from 3 to 12 March, 2008, where public opinion was invited. Amongst the organisations that attended the hearings were Telkom, the retail motor industry, second-hand goods dealers, pawn boards, scrap metal dealers, recycling associations and many more others.
It became very clear that this long-awaited piece of legislation was welcomed by most organisations. One of the issues that were raised by the organisations, such as Business Against Crime, was the worrying factor that copper-cable theft costs the South African economy an estimated R5 billion per year. The indirect cost of cable theft also includes loss of income, which leads to job losses and unnecessary labour costs to repair those cables.
In February 2008, there was an article on organised crime, which indicated that, in Cape Town alone, R22 million was used by the City of Cape Town to replace and repair damage caused by cable theft. Sihlalo, siyabacela abemi nabantu ngokubanzi ukuba bapheze ukuba nokuthenga iintambo zogesi ezibiweyo. Kaloku le mali ingaka urhulumente ayisebenzisa ekulungiseni iintambo zonxibelelwano ngeyisebenzisa ekwakheni izindlu nasekulungiseni iindlela, ngakumbi kweli leNtshona Koloni.
Sibongoza abantu bethu ukuba bayeke ukuthenga impahla ebiweyo kuba kaloku izaphula-mthetho azisoze ziyeke ukuqhekeza ezindlwini zethu, ngoba zisazi ukuba bakhona abathengi phaya ngaphandle. (Translation of isiXhosa paragraphs follows.)
[Chairperson, we appeal to the citizens of this country to stop buying stolen cables. The huge amount of money that the government spends on repairing these communication cables could be spent on building houses and rehabilitating roads, especially here in the Western Cape.
We appeal to our people to stop buying stolen goods as criminals will never stop breaking into our homes because they have buyers in their communities.]
This piece of legislation deals with both the seller and the buyer. Each has a role to play to combat crime in this industry.
Telkom indicated in their submission that the SA Police Service is currently very co-operative in addressing the problem of cable theft. However, they felt that the SAPS seems to lack adequate enforcement powers to clamp down on cable theft. It was on this basis that the portfolio committee requested that the police search and seizure powers be extended when conducting routine inspection, especially in situations where a person is loitering about the premises of any second-hand goods dealer in suspicious circumstances.
The Second-Hand Goods Bill also gives the accredited dealers associations an obligation to monitor their own member organisations for compliance. It also puts in place stricter punishment for noncompliance.
Community mobilisation is the key to ensure success of this piece of legislation. Dealing in second-hand goods has a direct bearing on poor communities. It mostly attracts communities as buyers and sometimes as sellers.
The Portfolio Committee on Safety and Security is concerned about the implementation of this piece of legislation, and therefore the committee will monitor the implementation processes around this specific legislation, because of the nature of this industry.
Siyacela koosomashishini abasakhulayo phaya ngaphandle ukuba bayeke ukuthenga izinto zobusela, ngoba loo nto iza kwenza ukuba babonwe njengabaphula umthetho, into leyo engakhokelela ekubeni urhulumente awavale amashishini lawo, ngoko ke baphulukane namashishini abo. (Translation of isiXhosa paragraph follows.)
[We kindly appeal to the small business owners in the community to refrain from buying stolen goods, because that will make them appear as criminals, something which could lead to the closure of their businesses by the government.]
My colleague, Comrade Van Wyk, will deal with other issues that the Deputy Minister has alluded to. Therefore the ANC supports this Bill, and we hope that our colleagues on the other side will also support us, including the hon Ms Kohler-Barnard. Thank you very much. [Applause.]
Ms D KOHLER-BARNARD: Chair, this Bill should have been made a top priority five years ago. Our levels of crime were reaching unprecedented levels. This House had, and indeed continues to have, an obligation - to the citizens of South Africa in this instance - to do everything in its power to shut down the outlets that criminals were using to turn stolen goods into cash.
Instead, last year, the portfolio committee did not deal with this legislation, nor did they deal with the South African Police Service Amendment Bill, the National Key Points and Strategic Installations Bill and the Private Security Industry Regulation Bill. In fact, despite our country crying out under the burden of crime, we did nothing. We did not begin or complete a single piece of legislation. Yet, I hesitate to place the blame on the shoulders of the portfolio committee.
Sadly, in the face of the ANC’s insecurity in this country - unlike so many true democracies, our portfolio committees are not led by members of the official opposition - but, nonetheless, the committee is currently ably headed by the hon Maggie Sotyu. So, where has the logjam been? Well, after an extensive investigation on my part, there is only one possible answer - the Cabinet. This group of highly paid individuals, on the evidence, is also patently highly incompetent. Instead of focusing on strengthening and tightening legislation to deal with the unscrupulous dealers in stolen goods, we lost, year after year, as internal ANC wrangling struck at the very edifice of this institution.
The only reason why this Bill has made it through to this stage, during a process in which the DA participated fully every inch of the way, is because the decks suddenly had to be cleared so that the ANC could continue its full-frontal attack on the most successful and certainly most admired crime fighting unit this country has ever created. So, here we are, hustling this Bill through after dragging our heels for five years so that, according to all reports, the ANC might fabricate a Bill - the General Laws Amendment Bill - to destroy the Scorpions; go on to pack public hearings with ANC members to ensure the pretence of due processes and move on to hustle the unit under the SAPS to shut them up once and for all.
Indeed, it was announced to the safety and security portfolio committee that in order to make the necessary changes to the legislation that the proposed disbanding of the Scorpions requires, the portfolio committee has had to shift back the schedule of current Bills due to be processed this year. I will tell you right here and now that not one of those other Bills, so desperately needing attention, will be dealt with during this parliamentary term. That is five years gone, and what have we achieved? One disastrous piece of legislation that has ensured that no law-abiding citizen will be granted a firearm licence without huge expense and a time lapse of upwards of three years, if at all; and this, the Second-Hand Goods Bill.
Frankly, I am ashamed. The other members of the portfolio committee should be too. When it is considered that the Second-Hand Goods Bill has been sitting on the committee agenda since 2005, why should it be expected that the “kill the Scorpions” General Laws Amendment Bill can be processed any faster without compromising the process? Well, the short answer is, it can’t. The chair of the safety and security committee, hon Maggie Sotyu, who I complimented at the beginning of this address, is leading a special committee set up to do just that. A poisoned chalice indeed.
If we had focused our combined energies on this Bill five years ago, countless outlets for stolen goods would have been shut down. The trade of stolen goods has been flourishing as this Bill languished. Thieves have made millions. Indeed, R19 million worth of copper was exported from this very province last year. It was not mined somewhere near the V&A Waterfront or on a wine estate. It was simply stripped from the hundreds of kilometres of telecommunications cabling in this province, crippling industry and literally helping Eskom to leave us in the dark. Then there are the chop shops where our cars are disassembled into their composite parts and, of course, the outlets where our stolen computers, cameras, televisions and cellphones are snapped up by willing buyers.
Over the many years that have passed, there has been extensive consultation with the industry. Initially, a draft Bill was published in 2003. But, after factoring in the findings of the consultations, it was seen that it was utterly useless. So, it was back to the drawing board for the legal advisers. They tried again two years later, and here we are trying again another three years after that. This has hardly been dealt with as a matter of urgency. In fact, the legal team’s consultations with key role-players were so extensive that the need for public hearings was more or less rendered redundant. Yet a handful of representatives of various interest groups did do presentations. We hardly expected the people this Bill aims to shut down to arrive with Powerpoint presentations to show us how to wriggle through any loopholes. Indeed, I do not believe there is a single loophole in this legislation.
This Bill does not, of course, apply to dealers who are members of an accredited association. They will apparently be exempted by the Minister, but all dealers of second-hand goods will be obliged to report suspicious goods to the police, and they had better. We had some difficulty with attempts to have every second-hand sale registered and ID details recorded. A threshold of a R1000 was suggested and that all second-hand goods under that amount would be exempt. Sadly, the cost of a second-hand, or should I say stolen, cellphone is far less than that. So, we had agreed on a R100 threshold so that someone buying a second-hand screwdriver, Tupperware or compact disc does not have to produce an ID. Yes, of course, this Bill needs to focus on the point of entry of stolen goods into the legitimate commercial sector, but for investigative purposes, we also need to know where the goods have gone.
It was also noted and accepted that some members such as the Retail Motor Industry Organisation of South Africa were already highly regulated. Equally so, reputable members will ask for exemption from the Minister, and I trust they will be given due consideration. But, for every reputable second-hand car dealer, the sad truth is that there are 10 of them who are nothing more than chop shops. The regulations will assure that any forms needed for inspection are in line with those needed already, for example, for the Financial Intelligence Centre Act of 2001, so as to keep extra administration to a minimum.
I am also pleased to report certain suggestions made by our ever eager-law advisers, for example, that every record be printed out at the end of every day and that the most minor administrative error would lead to the closing down of the entire business be scrapped, saving at least two forests and as many ulcers as possible on the part of management in the process per annum. Each dealership is ring-fenced. If an unscrupulous manager breaks the law, his or her business alone will be penalised.
During our deliberations, the focus on stolen copper cabling, in particular, was extensive. Any dealer found in possession of burnt copper cable, cable that has been stolen, that has been set alight to strip off the plastic covering or indeed if any attempts have been made to strip it off, will soon experience the comfort of the back of a SA Police Service van firsthand. Another addition to the Bill was made following a presentation by the Copper Development Association Africa during which it was pointed out that cobalt was the new copper. It was also pointed out that the growth in the illegal trade of this metal - an extremely lucrative metal to steal and resell - was thriving just north of the borders. Dealers beware.
This Bill is long, long, long overdue. While it is up to the DTI to put a stop to the export of copper cabling, it goes a long way to ensure that the dealers who have been blithely selling stolen goods to an unsuspecting public will now face jail terms of 10 years per transgression – a take-and- sell on stolen goods in the full knowledge that they are stolen is 10 years; pawning firearms is 10 years; selling a stolen vehicle is 10 years; lying about your registration is 10 years and, if you fiddle with your registers, you will go down for 10 years.
Hon members, this Bill is more than five years late. But at last, today, we have done something not to destroy an already successful crime-fighting unit, but to strengthen the fight against what is arguably the most pressing problem in this country today - crime. [Applause.]
Mr H J BEKKER: Chairperson, the main objective of this Bill, today, is to create a new framework for regulating dealers in second-hand goods and pawnbrokers so that trade in stolen goods can be limited. This is a laudable objective, which the IFP supports and we will vote for the Bill as a definite step in the right direction.
Chairperson, I have said earlier that the IFP broadly supports the Bill, but we have one overriding concern. While the Bill attempts to deal with scrap metals and copper retrieved from burnt cables, we feel that this provision does not go nearly far enough in addressing the scourge of cable theft in South Africa.
The IFP previously has drawn attention to the devastating effect of cable theft in South Africa. This is one of the most serious economic crimes that are, today, being committed in our country. Not only does this disrupt essential services, but it also has serious cost implications for our economy.
Last year, Business Against Crime reported that the theft of copper cables cost the South African economy an estimated R5 billion per year. According to figures from Eskom, Telkom and Spoornet, these three companies spent approximately R5 billion replacing stolen cables during that financial period. Now, just think about the absolute devastation to the economy, in the industry and of people that have been the sufferers of being not able to get their services.
In response to a question to the Minister of Communications, the Minister’s reply, to me, was revealing. Telkom reported operational expenditure to repair cable theft incidents in that year amounting to R203 million while estimated outbound revenue loss amounted to R368 million.
I also asked the Minister of Public Enterprises what damages Eskom suffered. His reply was R25 million was lost by Eskom. Just think about the cable theft at Spoornet when people, disgruntled with travelling, then started burning, at a time, coaches with R7 million. These are shocking figures which underpin the need for urgent legislative steps to combat cable theft. Last year, in consultation with the IFP, I tabled a private legislative proposal to include cable theft in the legal definition of sabotage, and criminalise cable theft in the same class of crimes that can potentially threaten democracy and national security. The IFP believes that this private legislative proposal will be ideally complementary and supplementary to the provision which is provided for in this Second-Hand Goods Bill.
We urge the government to take our proposals also on board in order to get this economic crime of cable theft under control, once and for all. I thank you.
Rev K R J MESHOE: Chairperson, one of the objectives of the Second-Hand Goods Bill is to limit trade in stolen goods, a practice that is costing our country millions of rands annually.
It was reported that, between April 2007 and the end of January 2008, copper cable theft has cost Telkom R863 million. Their operations chief, Motlatsi Nzeku, is reported to have said that copper cable theft is spiralling out of control, and that criminals have become more daring and adventurous. This causes a rapid deterioration of service quality, and severely affects the delivery of sustainable information and communication technology services to their customers. Most of the comments from the public and private bodies about the Second- Hand Goods Bill were not incorporated in the Bill, but we have been assured that they will be incorporated in the regulations. Some of the proposals that were not accepted include the proposals from the Retail Motor Industry Organisation of South Africa. They argued for a self-regulating environment, based on industry body membership, as they claimed that they were already highly regulated. The committee could not agree with them, as there are too many unethical practices in the second-hand goods trade. Stolen goods, including cars, are traded on a daily basis in our country.
This past week, the police uncovered a multimillion rand syndicate involving high-ranking policemen who allegedly helped criminals to clear hijacked and stolen vehicles that were then sold to the unsuspecting public. Some of the stolen vehicles are exported to neighbouring countries.
The chairperson of the committee has correctly stated that we are concerned about the implementation of this Bill. As I’m one of those thousands of South Africans whose cars were stolen and never recovered, my car may be one of those which are in one of the neighbouring countries. Therefore, the passing of this Bill is giving rise to high expectations to motorists that they will not suffer a loss as many of us have.
The ACDP hopes that the passing of the Second-Hand Goods Bill will drastically reduce trade in stolen goods, which will subsequently reduce car and truck hijackings, thus making our roads and communities much safer. The ACDP supports the Bill. Thank you.
Ms S RAJBALLY: Chairperson, the MF is extremely pleased with the introduction of this amending Bill which clearly serves to make theft so much more difficult in South Africa.
The contents of the Bill all appear sound in assuring the management, sale and acquisition of second-hand goods. We do however ask how this may affect those who advertise the sale of old items in the classified section of newspapers. With regard to this, we would find it necessary that the media should publish this section of the provisions of the Bill and, in turn, also ensure that the advertisements for goods they place in the papers are compliant with the necessities required by the Bill on certain items.
Further, it should be made public so that criminals may be made aware of the difficulty they shall encounter as of now. We were concerned with the timeframe of keeping goods for a week, but we do believe that the required supportive documents will assist in catching the criminals.
Further, we are pleased that the Bill allows for the SA Police Service to oversee second-hand goods stores at any time during working hours. We do certainly believe that the sale of second-hand goods does generate income, and that the opportunity to resell should be exercised as long as it coincides with the rules of this amending Bill.
The Minority Front supports the Second-Hand Goods Bill. I thank you.
Ms A VAN WYK: Chairperson, the passing of this piece of legislation allows for a framework in which each of us can play our small part in fighting crime. In order to make it attractive for criminals to steal, a market needs to exist for those stolen goods. If every law-abiding citizen of South Africa undertakes not to buy anything that they have reason to believe to be stolen or are suspicious of the origin of the product, that will immediately limit the market.
The reality of crime in South Africa is that people lose their lives for something as invaluable as a cellphone. We need to establish the principle that if you buy that cellphone, television set or any other item that originated from that robbery, and in the worst-case scenario, murder, you are an accomplice to that crime. We also need to protect those people who innocently, many times, as a result of their economic situation, are obliged to buy a second-hand product.
While not a guarantee that it will eliminate this scenario, the legislation goes a long way in providing some sort of protection.
During the committee’s public hearings on the Bill, it was clear that the majority involved in the second-hand goods industry are supportive of the aims of the Bill. Presentations made to the committee were valuable, and although not every opinion could be accommodated, the input in general strengthened the Bill.
While the Bill aims to discourage those in the second-hand goods industry from buying stolen products, at the same time, it protects those honest dealers against unscrupulous dealers within the industry. Some of the strongest opposition came from the second-hand car dealers who were objecting specifically to clause 24(d) which determines that the appearance of an item cannot be altered until after the expiration of seven days. This view was not accommodated by the committee as the current legislation determines exactly the same, and it was further felt that the hijacking of motor vehicles in which the victims more often than not suffer great bodily harm or even death simply does not allow for such leniency.
However, the mere suggestion in this regard by the industry raises some serious questions. Does this mean that the industry is ignoring that prescription in the current legislation? If not, why do they now have problems with it? If they are not adhering to the current determination of seven days before they can alter the appearance of the vehicles, why are they getting away with it?
I am asking these questions not to attack the second-hand car industry, but in order to highlight that the success or not of this legislation lies within its implementation. Such members must not look at this legislation as another administrative burden, but must see it as an empowering tool that can and should assist them to apprehend those involved in crime more easily and quickly. Proper contact by the station with the second-hand dealers in whatever product they trade will empower the police station in that area.
It speaks for itself that when a burglary takes place and the investigators of that burglary have a description of the stolen goods and can send an alert to the pawnshops or second-hand dealers to be on the look out for these goods, they will be able to be far quicker on the track of those involved in the burglary. This means that the SA Police Service must not only do what is required administratively from them through the law, but must utilise this Bill to initiate proactive policing.
Dealers indicated that the database of stolen items that is managed by the SAPS, and which they, the dealers, can access in order to compare goods offered to them with stolen items, will assist them greatly. In order for this to work, however, the SAPS and management at stations will have to see and accept the value that this Bill can hold if they treat it as a tool in fighting crime. This kind of interaction between dealers and the SAPS is what underpins the principle of community policing. It is for this reason that the committee inserted into the Bill the requirement that inspections of registers must be done at least once in every 12-month period.
This Bill will go a long way in addressing the theft of copper cables though on its own it will not stop it. It puts a clear obligation on those buying these cables to establish the source of it. Whilst in itself it would not stop the theft of cables, it certainly makes the buying of stolen copper that much more difficult. Again, like many other issues in dealing with crime, we must make use of all the different instruments available in order to successfully address crime.
It was mentioned during the public hearing and reported in the media that more than R19 million worth of copper was exported from the Western Cape last year. This from a province with no copper mining! While we must accept that all copper exported from the Western Cape was not illegal, we must ask ourselves how the export permits were obtained and why customs did not pick up on that either.
I think one of these days, when criminals watch the broadcast of this parliamentary sitting, they will rejoice because, once again, politicians cannot unite on the issue of crime. You know, the hon member from the DA supported this Bill, but I had difficulty believing it after I heard her speak. On two occasions during her speech, she was actually advocating for constitutional changes, the first being that the members of the leading party should not be the chairpersons of committees, and secondly, that we should ignore public participation because the people, in any case, agree with this Bill so why go through the public participation process. [Interjections.]
That is exactly what you said! Go back and listen to what you said.
Furthermore, this Parliament was today misled to the greatest extent. At no point did the chairperson of the portfolio committee indicate that the legislative programme of this committee would change so that we can deal with the issue of the Scorpions. At no point! In fact it was the ANC, when we met with the department at the beginning of the year, that interrogated the department about the fact that we have been waiting for legislation since last year. And that is another thing that is misleading this House.
Legislation is not with Cabinet, but still with the department; that is why we are waiting for it. It is not delayed at Cabinet level; it’s delayed at departmental level and that is why we are waiting.
Furthermore, she is attacking officials who have not the right to stand up in this Parliament and protect or defend themselves. I think it is sad when politicians cannot make use of the opportunity to show criminals that we are united in the fight against crime, but instead go back to our voters and tell them that nothing is being done about crime. I thank you. [Applause.] The DEPUTY MINISTER OF SAFETY AND SECURITY: Chairperson, I welcome the support from the various parties who are in favour of us passing this Bill.
I would like to agree with and welcome the IFP’s support for this Bill because it’s important for us to know that we are together in fighting crime.
Mfundisi, we thank you very much; it’s the first time that you have been so positive. We are together in fighting crime. Also, given that it’s Good Friday, you will again help us in praying together, making sure that we come back to this Parliament, fight together and are more determined to make sure that we reduce crime in our country.
Hon Rajbansi, as a mother, thank you for your support. [Interjections.] … Rajbally, I am sorry. We welcome your support. We also hope that you continue, as a mother, to raise your voice in supporting us, making sure that whatever comes out of this House is positive to address the people but also shows that this Parliament does not tolerate any crime perpetrated against our people.
The hon member who is at his “sell-by-date” or “long overdue”, what can you do with someone who comes here and has passed his sell-by-date? He comes here and mentions all the issues that are not helping us in fighting crime. You find a member who comes here and makes sure that the criminals out there are happy after she has spoken. They get very excited because they’ve got partners in this House. I’m saying this because this member is also the member, who during the night … [Interjections.] … what she does … She must tell the House what she does during the night. She gets lobbied by the same people who come to this Parliament and who come to the portfolio committee and seek support from her. She doesn’t tell this House the negative … [Interjections.] … not fight crime and make sure that we are successful. That’s the hon member; that’s how fallacious this member is. I want to say that even if she can support that, she is fallacious because she speaks in many tongues.
Let us all be together in fighting crime in this Place. Let’s make sure that we articulate it without whingeing. There’s no use saying that you support, but continuously whingeing, making those criminal elements out there happy.
So, as we stand here today, this is not the place. I’m not sure, when you say you are clean, who is clean, because you, you are in bed and in cahoots with some of these people who are … [Interjections.] …criminal activities … [Time expired.]
Ms D KOHLER-BARNARD: On a point of order, how dare that woman!
The HOUSE CHAIRPERSON (Mr M B Skosana): Order, order, please! Who is taking that?
Mr M J ELLIS: Chairperson, I think the hon Deputy Minister exceeded the bounds of parliamentary decency in what she said at the end. I would ask you please, sir, because she said a great deal of things in a very short time, to make sure that you read Hansard and give this Parliament a ruling as soon as you possibly can as to whether she was unparliamentary or not.
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon member, we will definitely do that.
Debate concluded.
Bill read a second time.
DEBATE ON HUMAN RIGHTS DAY: GENDER EQUALITY - BUILDING A NONSEXIST SOUTH AFRICA
The CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, we thought that as part of this very important debate on human rights, we need to talk about gender equality. We need to talk about the process of building a nonsexist South Africa, because we know that human rights will always be hollow without women’s rights.
Human rights and fundamental freedoms are the birthright of all human beings. Their protection and promotion is the responsibility of society as a whole. All human rights, be they civil, cultural, economic, political and social, including the right to development, are universal, indivisible, interdependent and interrelated, as expressed in the Vienna Declaration and the Programme of Action adopted by the World Conference on Human Rights.
The international theme for Human Rights Day for 2008, “Dignity and Justice for all of us”, reinforces the vision of the Universal Declaration of Human Rights as a commitment to universal dignity and justice for women especially - it is not a wish list or a luxury. The UDHR and its core values, namely inherent human dignity, nondiscrimination, equality, fairness and universality apply to everyone, everywhere and always.
The declaration is universal, enduring and vibrant, and it concerns all of us, not only women. African women suffer the worst oppression in the world. However, in South Africa, we have one of the most progressive constitutions in the world insofar as gender equality is concerned. The Constitution guarantees the right to bodily integrity and overrides customary law, should there be a contradiction between the two.
The struggle waged by women in different phases, particularly from 1913, planted the seeds of mass political work in our country. On this important day, it is imperative to acknowledge some of these pioneers and heroines of our struggle. Here I speak of Ma Gabashane, Ma Kgotsi, Ma Lou who said no to the notorious pass laws. Moreover, it would be improper for us not to acknowledge the role played by Ma Charlotte Maxeke in this pioneering work.
The ANC conference in 1957 acknowledged the role of women and honoured them with the slogan, “Malibongwe igama lamakhosikazi!” [Praise the name of women!]
HON MEMBERS: Malibongwe! [Praise!]
The CHIEF WHIP OF THE MAJORITY PARTY: Let women’s name be praised, which we continue to use today.
It was against this background of active participation that the ANC committed itself to a vision of a nonsexist, democratic, nonracial and prosperous South Africa.
Gender equality and the emancipation of women found expression in ANC policy pronouncements. This commitment was evident during the period of negotiations to end apartheid, the writing of the interim constitution and the development of the Reconstruction and Development Programme, the RDP. It laid the foundation for issues of gender discrimination and their resolution to be mainstreamed into our present Constitution, government policies, laws and programmes. To date the ANC is the only party - I repeat, the only party - in South Africa to have introduced quotas to ensure the representation of women in politics and decision-making. This system was introduced before the first general election for a democratic South Africa in 1994. The system is not legislated. Instead, it is found in the ANC’s guidelines for nomination of public representatives. South African women, particularly women members of the ANC, have come a long way to achieve this.
Driven by the constitutional imperative of gender equality and non- discrimination, the ANC government has put in place clear targets to enable the advancement of women in political and decision-making positions. Our Parliament is ranked 10th out of 130 parliaments in the world in terms of women’s advancement in governance. [Applause.] I would have been shocked if you hadn’t applauded. This is very important indeed.
Approximately one third of Members of Parliament are women. Forty-three per cent of members of Cabinet are women, and four of the nine provinces are led by women Premiers. At local government level, 40% of councillors are women and three out of six metros are led by women mayors.
In this regard we have already surpassed the initial target of 30% representation of women in decision-making structures called for in the Southern African Development Community, SADC, declaration on gender and development. We need to work further to meet our new target of 50%.
As the United Nations Development Programme’s 2006 Human Development Report also points out, and I quote:
One of the greatest returns to improved access to water is in the time savings for women and girls and the expansion of their choices.
Why does this matter for human development? Time is an important asset for the development of the capabilities. Excessive time demands for essential labour lead to exhaustion, reduce the time available for rest and child care and limit choice - they reduce substantive freedoms that women enjoy.
Time-poverty also contributes to income poverty. It reduces the time available for participation in income generation, limits the scope for women to take advantage of market opportunities and impedes their ability to expand capabilities and skills, reducing further economic returns.
At this moment I would like to honour one of the leaders of Africa and sons of this soil, who dedicated much of his life to this matter of women’s emancipation. President Thomas Sankara, the first president of Burkina Faso, was assassinated 21 years ago. He writes thus on this matter:
Dialectical materialism has shed light on problems and conditions women face, which is part of a general system of exploitation.
Dialectics defines human society not as a natural, unchangeable fact, but as something working on nature. Humankind does not submit passively to the power of nature, but takes control over it.
This process is not internal or subjective in practice...
It takes place objectively in practice.
... once women cease to be viewed as mere sexual beings and we look
beyond their biological functions and become conscious of their weight
as an active social force.
The importance of dialectics lies in having gone beyond essential biological limits and simplistic theories about our being slaves to nature and having laid out the facts in their social and economic context. From the beginning of human history, humankind’s mastering of nature was extended beyond his or her bare hands or his or her physical organisation.
The hand reached out to the tool, which then increased the hand’s power. It was thus no physical attribute alone, musculature or the capacity to give birth, for example, that determined the unequal status of men and women. Nor was it technological progress as such that institutionalised this inequality. It was rather the transition from one form of societal evolution to another which institutionalised inequality, breeding exploitation of women by men. From slavery, feudalism, capitalism, etc the common denominator has always been the subjugation of womenfolk.
Frederick Engels…
…backed by the most advanced palaeontologist…
… explained that for millennia, from the Paleolithic to the Bronze Age, relations between the sexes were positive and complementary in character.
He also continues to say that:
… relations were based on collaboration and interaction, in contrast to patriarchy, where women’s ‘exclusion’ was a generalised characteristic of the epoch.
Thank you. [Time expired.]
Ms J A SEMPLE: Chairperson, I’m sorry we didn’t get to hear the end of the Chief Whip’s speech. I was really enjoying it and I think all the women in this House would appreciate his support of this debate. [Applause.]
A recent international poll showed widespread support for government and United Nations, UN, action to prevent discrimination against women. In fact, the WorldPublicOpinion.org poll of 16 nations from around the world found that there is widespread consensus for women to have full equality of rights. These poll results were released in advance of International Women’s Day on 8 March.
The third of the Millennium Development Goals announced in the 2000 Declaration aims to promote gender equality and empower women. It differs from the other goals in calling for one of its targets to be achieved by 2005, far in advance of the overall 2015 deadline. Oxfam International has reported that, in the event, over 90 countries failed to eliminate gender disparity in primary and secondary education by the deadline. The UN Population Fund’s State of World Population report for 2005 showed that, in South Asia, only 69% of girls complete primary school, whilst in Sub- Saharan Africa the figure is less than 50%.
Most would agree that the two most important steps to accelerate progress are to remove fees for primary school, so that parents would have less reason to favour boys over girls, and to improve school’s sanitation facilities to allow appropriate privacy for girls. All South African children, regardless of their gender, have to go to school by law but whether this happens in practice is another matter. Adequate sanitation in many schools, especially rural schools, is still lacking and so girls do not attend school as regularly as they should.
One of the major international instruments ratified by South Africa is the Convention on the Elimination of All Forms of Discrimination Against Women, Cedaw. Chief Whip, I’m proud to say that the then DP was the first political party in South Africa to insist that government did so. The Cedaw obliges signatories to establish the national gender machinery and to introduce the legislation to address social, economic and political inequalities between men and women.
The DA questions the effectiveness of our national gender machinery, which hardly seems to be functioning or providing leadership at present. We welcome the official establishment of the parliamentary Multiparty Women’s Forum yesterday as an essential component of the gender machinery, and look forward to participating in a vigorous programme of action. We are, however, deeply concerned by reports of insufficient budget in the Office on the Status of Women in the Presidency, so much so that emergency funding had to be allocated for Women’s Day projects last year.
Of even greater concern is that the South African country report was apparently not presented to the Commission on the Status of Women at the UN this year. This is an annual requirement under Cedaw. Women in this Parliament have for many years complained that they, as the elected representatives of South African women, are never consulted about the report before it goes to New York, but for no report at all to be given shows just how far things have deteriorated.
It is well known that the South African Constitution forbids discrimination based on gender, sex, race, age, pregnancy or marital status. However, the equality provisions of the Constitution and Cedaw have yet to become a reality. Women in South Africa generally earn less money than men for similar jobs, which is an economic inequality; they bear the burden of family responsibility, which is a social inequality, and are not represented in leadership roles, which is a civic status inequality.
To South Africa’s credit, there are specific laws that have been passed which give women protection against discrimination in the workplace, for example, the Employment Equity Act, the Basic Conditions of Employment Act and the Labour Relations Act. These laws are beginning to make the equality and antidiscrimination ideals of the Constitution and Cedaw a reality for women.
Other legislation aimed at ensuring gender equality are the Recognition of Customary Marriages Act, the Domestic Violence Act and the Maintenance Act
- to name a few.
This debate cannot ignore the huge problem our country faces in terms of violence against women. Gender-based violence is a formidable and corrosive challenge to women’s rights, equality and dignity. Our Constitution guarantees the people of South Africa the right to freedom from all forms of violence. The Constitution also said that men and women are equal and discrimination against anyone is outlawed. It stands to reason therefore that, when women are abused, it is a violation of their constitutional right.
I’m sure all members of this House condemn just such a violation which occurred recently at the Noord Street taxi rank in Johannesburg. The problem sadly is not just confined to men. Women also participated in this gross human rights abuse of the young woman wearing a miniskirt. It has been argued that there is a cultural objection to women being dressed in such a revealing fashion but, on the other hand, it is also argued that it was colonial beliefs that are blamed for imposing long skirts and high necklines.
I personally am of the opinion that the way a woman dresses does not mean she is asking for it, ie sex. Women have every right to be proud of themselves and their bodies. [Applause.] It is their choice what they wear. The question then is how do we get everyone to understand that right? We have achieved much in achieving a nonsexist South Africa through legislation and policies but laws alone cannot bring about a change in attitude. Government policies alone cannot do this. Gender equality is just like nonracism. It has to be actively practiced and demonstrated by all of us every day.
Let us start in our homes. Let the boys help with the cooking and the girls play soccer outside. [Interjections.] Our children must learn from us that they are equal. They must be taught to respect one another at school and at church. The former Chairperson of the Commission on Gender Equality, Joyce Piliso-Seroke said, and I quote:
It’s how we, as parents, promote gender equality that matters. I’m calling on mothers, fathers and siblings to teach each other how to value girls and women, and to recognise them as human beings.
Most of all we cannot and must not turn a blind eye to gender discrimination. It must be everyone’s concern and responsibility. [Applause.]
Ms C N Z ZIKALALA: Chairperson, we are working very hard to unite as women of South Africa, and we don’t expect some leaders of this House to divide us. [Applause.]
From the minute a human being is born, he or she is entitled to fundamental human rights. Human Rights Day is commemorated to remind all South Africans of their human rights such as the right to equality, life, education, health, economic opportunities, etc.
Since the dawn of democracy in our country, the South African government has been trying hard to build a nonsexist and nonracial society, but this is a very difficult thing to accomplish. The main reasons for this failure lie in the history of racial and gender discrimination because our people still find it difficult to change their behaviour, stereotypes and prejudices.
Patriarchy still continues to dominate our country, especially in the rural areas and in the labour markets. It is a fact of life that many men find it very difficult to accept the idea of gender equality and women’s rights. Even though government and civil society create platforms to address issues pertaining to gender equality, women still face various constraints in relation to the social norms and values of society. Women are still being discriminated against in the job market; when it comes to access to land, credit and technology, and in a variety of other ways. This level of gender discrimination affects women so much that some don’t even know their rights and don’t claim them. Some even find it difficult to raise their own children because at school children are taught to fight for and exercise their human rights. This creates an unbearable situation of conflict between parents and their own children.
There is still also a conflict in socialisation patterns due to the old norms and values of our society clashing with the new norms and values enshrined in our Bill of Rights. Our government and civil society must first educate and conscientise women on gender equality and their human rights, especially in rural areas. Education affects women’s capacity to make effective choices about their lives and surroundings. Very few women in South Africa own land or have access to other means of production and assets. Countries with high gender equality statistics tend to have lower poverty rates. This is how we would like to see our country in the future. High levels of gender equality should effectively lead to lower levels of poverty. [Interjections.] I thank you. [Time expired.]
Mr J BICI: Chairperson, hon members, we live in a society that has taken great strides towards gender equality since the inception of democracy, but we still have a long way to go yet.
We know that the scourge of discrimination based on gender continues and that it is our mothers, sisters and children who suffer. We also know that horrific crimes are committed, especially against women and children.
While we celebrate a handful of women with the highest achievements, we fail to adequately support the countless women that are stuck at the lowest level of our society, living in a state of poverty and neglect. While we salute the women who excel, we don’t do enough to punish the men who abuse and violate women. The rate of domestic violence and rape in this country is staggering. The shame it casts upon this country is immeasurable and it is only exceeded by the injustice and shame of our near complete failure to successfully prosecute and punish those who commit these crimes. Perhaps our dedication to gender equality should be measured not by the successes we celebrate, but by the injustices that we should swiftly rectify. Thank you, Chairperson.
Ms D M RAMODIBE: Hon Chairperson, hon Ministers and Deputy Ministers, hon members, ladies and gentlemen, this month is important in that it marks Human Rights Day. It also marks an occasion involving women’s groups around the world, International Women’s Day. Both days are being commemorated worldwide.
My area of focus is women in governance. In the field of women’s political empowerment, much attention is paid to numbers and the need to achieve significant objectives in this regard. Things have gone significantly well in the country in terms of the numbers of women Ministers, premiers, mayors, Members of Parliament, Members of provincial legislatures and the Speakers.
Numbers do indeed matter. Whilst the issue of raising numbers is of primary concern, it is equally important that once we are in Parliament, we should use our positions of influence to contribute substantively to policy- making.
Our Parliament must become gender-sensitive, and mainstreaming of gender equality in committee work and parliamentary outputs is essential to ensuring respect for women’s rights.
For this country to realise a nonsexist society, we, as parliamentarians, should start believing in the principle, with this being reflected in how we conduct ourselves in our respective communities, political parties, parliamentary committees, etc.
We are the ones that must see to it that norms promoting equal opportunities for women and men translate into national laws. We have a duty to oversee the implementation of policies and programmes to ensure that they meet the set standards and goals. As parliamentarians, we are also well-placed to raise gender equality concerns in public debates and to help forge national consensus.
We also have an additional role to play in raising awareness around Cedaw, the Convention on the Elimination of All Forms of Discrimination against Women. Furthermore, we have to monitor government implementation of legislation and review legislation to bring it in line with the Cedaw principles. There is no doubt that, from the many interventions that we have made, it is clear that gender equality spans all policy areas as it is at the core of society’s wellbeing and development.
Despite the policy interventions we have made, our challenges are still immense with regard to addressing poverty, poor health care, low levels of education, violence and HIV and Aids.
Let me address myself to the issue of violence against women. We need to move beyond mere criminalisation, prevention and assistance measures and include initiatives aimed at changing the environment in which women live in terms of health care, housing, security and stereotyping in the media.
The Noord Street taxi incident is a case in point. What should our response be as parliamentarians? It should not just be to debate the issue, but also to agree on a multisectoral approach: awareness-raising, education, multiple messages on TV, radio, movies and advertisements.
Women form more than 50% of the population and, therefore, if this is reflected in decision-making, it will provide the balance that is needed to strengthen democracy and to promote its proper functioning. This will not promote democracy only, but also the interests of women in society. Integration of the equality dimension in government’s policy-making will not be feasible without equality in political decision-making.
Participation as well as the incorporation of women’s perspective at all levels of decision-making can help in achieving the goals of equality, development and peace.
If I may define them, women are workers, organisers, managers, educators and nurses. Yet even those countries that underwent fundamental political, economic and social changes have had an insignificant increase in the number of women represented in legislative bodies.
The unequal division of labour and responsibilities within households, based on unequal power relations, also limits women’s potential to find time to develop the skills for participation in public forums.
At the Beijing Platform for action, women took a resolution to have 30% women representation in decision-making bodies. This has since been implemented by the South African government. I think we need to applaud the ANC-led government for having adopted a resolution on 50% representation for women in all structures. I thank you.
Rev K R J MESHOE: Chairperson, I first want to wish all Christians throughout South Africa a peaceful and blessed Easter Weekend. We urge those that will be travelling, particularly to Moria, to be more vigilant on the road to ensure that they have a safe journey.
It is unfortunate that this year’s Human Rights Day coincides with one of the most important holy events on the Christian calendar, called Good Friday, which is the day we celebrate the death of the only begotten son of God, Jesus Christ, our saviour, redeemer and Lord.
The ACDP wants to ensure that Human Rights Day celebrations do not overshadow Good Friday services by urging Christians to prioritise going to church first, to thank God for Jesus, who died for the sins of the world and to raise the status of women.
We want to remind our nation that rights and responsibilities are two sides of the same coin. Rights cannot endure without the commitment to the responsibilities that come with them. Individuals should ensure that they exercise their rights with due regard for the rights of others.
In building a nonsexist South Africa, government must be seen to be doing more to stop the sexual abuse and molestation taking place in public places, such as crowded train carriages. Hon members must now excuse me for being graphic as I relate some shocking realities of what women are experiencing on some of our trains.
Yesterday morning I decided to come to Parliament by train and travelled in a third-class coach. This was after I had received various complaints and disturbing reports about the molestation taking place on some of our trains. Victims say, among other things, that their molesters grope them all over, manoeuvre themselves beside them, take hold of their private parts and rub up against them.
These victims are disgusted and humiliated by such behaviour, and are equally embarrassed when getting off the train with dresses wet by men who have used them in this demeaning way. Many of these female commuters live in constant fear of their daily journey to work.
I therefore want to request this Parliament, particularly the Minister of Safety and Security, to look into these complaints urgently with the aim of stopping these outrageous abuses and the molestation of women, who are our mothers, our wives, our sisters and grandmothers.
The ACDP believes that the perpetrators of these abhorrent and barbaric violations must be severely punished, otherwise these abuses on our trains will not stop, and any talk of gender equality and a nonsexist South Africa will remain pipe dreams for the victims on our trains.
To conclude, Martin Luther King Jr once stated that “Injustice anywhere is a threat to justice everywhere”, and “Whatever affects one directly, affects all indirectly”. I thank you. [Applause.]
Mr I S MFUNDISI: Chairperson and hon members, the UCDP is on record as saying that each person should be loved, respected, served, consulted and tolerated for being human and being created in the image of God. No one is less than any other person, regardless of their wealth, culture, background or educational status.
With this in mind, we accept the principle of gender equality. In keeping with the long-standing policy of nonsexism, nonracialism and nondiscrimination, the government of this country is also strongly committed to equality, whether in terms of gender, race or other distinctions.
We note with pain that the status and authority of African women of precolonial society of being agricultural producers has been denuded because colonialism changed their patterns in that society as it looked for workers for the colonial masters. Women lost status because farming became less important to the economy. It is unfortunate that customary law was changed by the same colonialists, giving women fewer rights than men, in the process stipulating that women’s access to land depended on their relationship to men, even when those men spent most of the year in urban areas while women worked the land. It is the very policy that made the late stalwart of the struggle, Ellen Khuzwayo, see red when her husband died and the authorities in Johannesburg informed her that the house they occupied had to be transferred to her dependent son simply because she was a woman, and even though she was the breadwinner.
Gender equality in this country has put paid to all discriminating laws that affected women, such as a woman losing her job in the Public Service on getting married; a woman being denied, by law for that matter, the right to own property, and laws dictating that women may not inherit from their deceased fathers. We have capable and successful women executives in the public and private sectors.
In most cases practices such as the hidden curriculum in schools perpetuate gender inequality by causing only girls to sweep the floors, while boys are made to carry desks and play soccer. Only girls are made to look after their younger siblings, while boys laze around. We should guard against such practices as they have unintended results.
We are grateful, however, that the rights of all people have been restored. It depends on the partnerships of husbands and wives to amass their wealth or otherwise. I thank you. [Applause.]
Ms B THOMSON: Sihlalo, namalungu ahloniphekile eNdlu … [Chair, and hon members …] … the topic I’m speaking to is “rural women and traditional leaders”. The Beijing Platform for Action, created at the United Nations Fourth World Conference on Women that was held in 1995, stated goals for empowering all women, including rural women.
This was a commitment on behalf of all signatory countries to advance the status of women worldwide. This had to be done by addressing 12 critical issues. For the purpose of this debate, I will focus on a few areas: The persistent and increasing burden of poverty on women; lack of respect for women; inadequate promotion and protection of the human rights of women; inequality in economic structures and policies in all forms of productive activities and access to resources and gender inequalities in the management of national resources and in safeguarding the environment.
Bakwethu angizukugeqa amagula ngoba angemuki. Ngibhale nje amaphuzu ambalwa. Ngiyaqonda kamhlophe ukuthi odadewethu basemaphandleni abayazi ngokucacile le ngxoxo yethu yase-Beijing. Sasikwitiza khona lena. Iningi labo lalingeyona ingxenye yethu ngazo njalo belu izizathu zensumansumane yobuphofu. Cha, iningi lezinto ezaxoxwa zazibathinta nabo.
Kunezinhlelo-ke zikahulumeni eziningi ezakhiwe ukusiza omama basemaphandleni abahluphekayo abazithola bekukho. Ake ngithathe ithuba lokuzibala. Lokhu kubandakanya izinhlelo ezithile ezakhiwe yiwo lohulumeni wethu njengoMthethosisekelo, uhlelo olwaziwa nge-Accelerated and Shared Growth for South Africa, i-Asgisa, iKhomishane ebhekelele ubulili, iKhomishane yamalungelo esintu, uhlelo olwaziwa nge-Land Redistribution for Agricultural Development Programme, i-LRAD, kwezolimo, uMthetho owaziwa nge- Communal Land Rights Act, uMafisa, iBhange Lomhlaba, njl.
Okubalulekile kithina njengamalungu ale Ndlu ukuthi sibheke ngeso lokhozi futhi silalelisise kahle ukuthi esikushoyo nesikubumbayo kuyenzeka na. Uma kungenzeki, sibheke ukuthi yiliphi ikhambi esingaqhamuka nalo ukuthi kwenzeke? Kukhona lokhu esikubiza ngokuthi ama-Millennium Development Goals lapho sifunga sigomela singuhulumeni ukuthi ngonyaka ka-2014 kuyobe kungophansi nongaphezulu phakathi kwethu nobuphofu. Lona umbono omuhle futhi onobuchule obukhulu.
Lo mbono wethu omuhle kangaka udinga izikhondlakhondla zamadoda nodadewethu abazobhukula benze leli phupho libe yiqiniso. Inselelo-ke engiyibeka kumalungu ale Ndlu ikakhulukazi koNgqongqoshe bethu engibahlonipha kakhulu ukuthi … (Translation of isiZulu paragraphs follows.)
[Colleagues, I am not going to talk too much on this, lest it be said that I am leaving. I have only noted down a few points. I know that our sisters in rural areas are not aware of our Beijing talks. We were talking English there. Most of them could not be part of that because of the same old story of poverty. Yet, most of the issues which were discussed there affect them.
There are many government programmes which are meant to assist rural women against the suffering they find themselves in. Let me take the opportunity to try and count them. These include programmes established by our government such as the Constitution; the programme known as the Accelerated and Shared Growth Initiative for South Africa, Asgisa; the Commission on Gender Equality, the SA Human Rights Commission; the Land Redistribution for Agricultural Development, the LRAD in agriculture; the Communal Land Rights Act, Mafisa, and the Land Bank, etc.
What is important to us as the members of this House is that we must be vigilant and be very attentive to see if what we are saying here is indeed being passed on to the people. If that does not happen, we need to find a solution for it to happen. We have the Millennium Development Goals where we, as government, pledge that at least by 2014 we will be fighting tooth and nail against poverty. This is a good and intelligent vision.
This good vision of ours needs strong men and women of character who will tighten their belts and make this dream a reality. This is the challenge I am putting to the members of this House, especially our Ministers, whom I respect very much …]
… yes, there is hope for rural women, because they are endowed with natural talent. They need… amacansi, izimbenge, amavovo, ubuhlalu, izinkamba, izidwaba, njalo njalo.[… grass woven mats, bowl covers, traditional beer strainers, beads, clay pots, traditional skin skirts, etc.]
Therefore, there is great potential. Over and above the agrarian potential that lies in our very hands and should be utilised, we need to provide support, and thereafter undertake our oversight role to check whether monies allocated do reach the intended beneficiaries.
Ngamanye amazwi imali sithi ayingapheleli endleleni ingakafiki kubanikazi bayo. [In other words, we are saying that funds should not vanish along the way before reaching their beneficiaries.]
It is, however, of great concern that despite the potential that rural women possess, we still find so much poverty in rural areas. In some areas people do obtain government support, and yet poverty still remains. Perhaps no amount of money will ever end poverty, but effort and commitment will.
On another note, perhaps members of this House also need to question how it comes about that some of our own departments fail to spend monies allocated to them, yet, on the other hand, our people find themselves trapped in the sea of poverty, particularly in rural areas.
Sinxusa abaholi bethu endabuko ukuthi babe yingxenye yomzabalazo wamalungelo abantu besifazane. Asifisi ukubona odedangendlale bamasimu angenakudla kodwa abantu benkosi bebe bekhungethwe ubuphofu nezifo. Ingani endulo babephila ngamasimu ababewasebenze bona ngezithukuthuku zabo. Namuhla sithi obaba abashiye amafa abo bayoba ihlo lamanye amadoda. Asikho neze isidingo sokuthi bashiye omama behlupheka emakhaya le emaphandleni. [Kwaphela isikhathi.] [Ihlombe.] (Translation of isiZulu paragraph follows.)
[We invite our traditional leaders to be part of the struggle for women’s rights. We do not want to see large portions of ploughing fields with nothing in them whilst the inkosi’s subjects are living in dire poverty and disease. In the olden days, people lived on ploughing fields which they toiled on their own. Today we invite men to leave the glamour of town life and go back home. There is really no reason for them to leave women suffering back home in the rural areas. [Time expired.][Applause.]
Ms S RAJBALLY: Chairperson, 14 years of a democracy governed by the constitutional supremacy that firmly, in the Bill of Rights, advocates that all males and females are equal has seen much transformation in both legislation and the community. Today I stand here asking whether this has really changed, and whether women are really being treated equally to men in South Africa.
In this rainbow nation, we are home to a number of religions and cultures that firmly continue to advocate patriarchal families. [Interjections.]
The HOUSE CHAIRPERSON (Mr K O Bapela): Order! Hon members, the noise level of the discussion is very high. Can you please listen to the speech?
Ms S RAJBALLY: With all respect, I wonder how much of this continues to put women in inferior positions and I wonder whether this inferiority continues in the workplace. The MF does not in any way say that for progress in gender equality we need to abandon our religions and cultures, but we certainly believe that if women want to be treated equally and indulge in equal opportunities, just like our male counterparts, then we need to seize the day. No one can keep you from celebrating your freedom, and it is up to us all to open up the roads.
We, however, would like to voice our disapproval of always blaming racism or sexism for our inability to get a post. This can easily be fixed. If a company has a balanced representation of the sexes in its company, then certainly it is quite possible that positions are granted on the basis of merit. We certainly cannot give posts just to fix a colour or gender ratio. We need to give serious consideration to capacity and ability to work effectively and efficiently in that position. We believe that gender equality has to, however, be revived by being vocal on the topic and by not labelling activities as being either “male” or “female” activities any longer.
We would like to take this opportunity to applaud all our women who have seized the opportunity to liberate themselves from patriarchy and our male counterparts who recognise us as being equal to them. I thank you, Chairperson. [Applause.]
Mr R D PIETERSE: Chairperson, hon members, please allow me to thank Ma Storey for allowing me to participate in this debate. Indeed gender rights are human rights. Gender rights are not exclusively women’s rights, but are relatively wide and inclusive. Dit sluit ook mans in. [It also includes men.]
On women’s issues, the social transformation resolution as adopted at the ANC’s Polokwane Conference says the following, and I quote:
In considering the matter of establishing a Women’s Ministry, the
commission recommends that a thorough assessment be undertaken by the
ANC to analyse current instruments and their relevance, strategies and
areas of focus and programmes on matters of women and the impact these
programmes made. These assessments should then advise on comprehensive
recommendations on the form and content of whatever institutional
mechanisms are put in place in pursuit of women’s emancipation and
broadly addressing gender matters.
Hon members, we do have good programmes and policies in place, but I guess the implementation remains a challenge.
In the struggle for a free and liberated South Africa, women were always at the forefront.
Vandag is Suid-Afrika vry, maar die stryd vir die algehele bevryding van vroue duur nog voort. Daardie stryd is en word moeiliker wanneer dit gekoppel word aan die ekonomie of armoede, ras, geslag en of gestremdheid. Agb lede, baie keer is ons as mans die oorsaak daarvan of ons is diegene wat dit vererger.
Die optrede van byvoorbeeld die blanke studente by die Universiteit van die Vrystaat, wil ek beskryf as barbaars, eerder as rassisties. Dieselfde wil ek sê van die boewe wat hulle voordoen as taxibestuurders wat die vroue ontklee en aanval, bloot omdat hulle minirokke dra. Ek dink egter die grootste kritiek wil ek uitspreek teenoor onsself, as mans, wat niks doen, behalwe om ’n paar voorstelle in die Huis te lees, wanneer sulke goed gebeur nie. As mans het ons geskitter in albei gevalle. In die optog van die vroue na die “taxi rank” toe, was daar nie een man nie – ’n paar polisiemanne wat toekyk en die vrede bewaar, asook net ’n paar mans by die Universiteit van die Vrystaat.
Waar was ons? Wat het geword van “jou kind is my kind, jou ma is my ma en jou suster is my suster”? In albei gevalle glo ek daar was genoeg ruimte vir ons as mans om iets prakties te doen. Waarom staan ons as hoof van die huis, as leiers, as pa, as broer of seun, maar bly weg wanneer hierdie dinge gebeur?
Ek sien uit na die dag wanneer ons “gender” sal aanpak sonder om politiek daarvan te maak. Ek sien uit na daardie dag wanneer ons as mans aan alle oortredes van vroueregte sal sê: Nee, nie in my naam nie. Ja, soms vir hulle aan hul nekke gryp, want party mense verstaan nie Afrikaans of Engels of enige gewone taal nie. Soms is dit nodig om hulle aan hul nekke te gryp en goed af te stof. Miskien verstaan hulle dan. Waar is ons as mans? Ek kyk na die Adjunkminister van Veiligheid en Sekuriteit – en ek bedoel nou nie om die wet in eie hande te neem nie - en wil tog vir hulle saggies in hulle oor fluister, en indien nodig die ore afruk as hulle nie kan verstaan nie: Julle kan nie met vroueregte mors nie.
Onthou, ’n klein hondjie luister net na ’n groot hond. Hy luister nie na mense nie. Wanneer hy soos ’n boef aangaan, luister hy na niemand nie. So hy het net die groot hond nodig om hom te byt. Ek sien uit na die dag wanneer voorgestelde wetgewing nie net aan grondwetlike toetse onderwerp word nie, maar vernaam aan vroueregte getoets word. Ek sien uit na die dag wanneer sukses van departemente en van die Parlement nie gemeet gaan word aan of die boeke balanseer nie, maar aan die regte van vroue. (Translation of Afrikaans paragraphs follows.)
[Today, South Africa is free, but still the struggle for the total liberation of women continues. That struggle is and gets more complicated when it is linked to the economy or poverty, race, gender and or disability. Hon members, many times we, as men, are the cause thereof or the ones who aggravate it.
For example, the actions of the white students at the University of the Free State I would like to describe as barbaric rather than racist. I would like to say the same of the thugs posing as taxi drivers who undress and attack women, simply because they wear miniskirts. However, I think I want to express the strongest criticism against ourselves, as men, who do nothing, except to read a few motions in the House when such things happen. As men we excelled in both instances. In the procession to the taxi rank held by the women there was not one man - a few policemen observing and maintaining peace, as well as just a few men at the University of the Free State.
Where were we? What happened to “your child is my child, your mother is my mother and your sister is my sister”? In both instances I believe there was enough room for us as men to do something practical. Why do we act as the head of the household, as leaders, as father, as brother or son, but steer clear of these things when it happens?
I am looking forward to the day when we will tackle gender without politicising it. I am looking forward to that day when we, as men, will say to all those who are violating women’s rights: No, not in my name. Yes, and sometimes even grab them by their necks, because some people do not understand Afrikaans, English or any ordinary language. Sometimes it is necessary to grab them by the neck and dust them off well. Maybe then they will understand. Where are we as men? I am looking at the Deputy Minister of Safety and Security. I do not intend to take the law into my own hands, but still, I would like to whisper softly in their ears - if necessary, pull off their ears when they are unable to understand - you cannot mess with women’s rights.
Remember, a small dog only listens to a big dog. He does not listen to humans. When he behaves like a thug, he listens to no one. So he only needs the big dog to bite him. I am looking forward to the day when proposed legislation will not only be subjected to constitutional tests, but more importantly to women’s rights tests. I am looking forward to the day when the success of departments and of Parliament will not be measured by whether the books are balancing, but by the rights of women.]
We have good and many successful stories, particularly in the electronic communication sector, but these are sidetracked by one or two rotten apples. We can, must and have to make a difference in our approach to human rights. Only one person is needed to make that difference. The question is: If you are willing to be that one person, are you ready to stand up and say, “I am that person who is prepared to make the difference”?
Indeed, gender rights are human rights. I thank you. [Applause.]
Debate concluded.
DEBATE ON CUITO CUANAVALE: THE FOUNDATION FOR INTERNATIONAL PROGRESS, PEACE AND PROSPERITY
The MINISTER OF SPORT AND RECREATION: Chairperson and hon members, it is indeed a very special honour for me to have been allowed to participate in what I regard to be one of the most important debates this House could embark on. I want to start off by announcing that on Friday last week, a contingent of South Africans, young people, started the long drive to Cuito Cuanavale in Southern Angola to have a look and mingle with the people of that village and see what can be done by way of trying to remedy the damage caused by the battle for our own freedom. [Applause.]
I want to start off by quoting from the President of the ANC at the time, the late uTata Oliver Tambo in 1988:
Pretoria’s attempt to inflict a decisive defeat on the Angolan government forces at Cuito Cuanavale ended in the humiliation of the SADF, its ignominious retreat from Angola, and the collapse of the Botha-Malan dreams in that area. Indeed, the defence of Cuito Cuanavale will go down as an historic turning point in Southern African history.
The defeat of the SA Defence Force at the village of Cuito Cuanavale in 1988 was a military as well as a psychological victory for the forces of liberation. Warfare theoreticians define the purpose of war as the extension of a political agenda. The battle of Cuito Cuanavale was no exception in this respect. Indeed, like the battles of Waterloo for Napoleon Bonaparte and the battle of Stalingrad for Adolf Hitler, the battle of Cuito Cuanavale marked the turning point in the political agenda of the apartheid regime of the time.
From 1975 to 1988 the Botha-Malan regime had embarked on a prolonged war against Angola. This was sped on by the recognition of the fact that the MPLA was winning the conflict of the liberation organisations of Angola, after the clinching of a transitional mechanism to see the Popular Movement for the Liberation of Angola-Party of Labour, MPLA-PT, the National Front for the Liberation of Angola, FNLA, and the National Union for the Total Independence of Angola, Unita run Angola. In the end it became very clear that there could only be one bull in the kraal and this bull happened to be the MPLA. This unsettled the plans of both the USA as well as the plans of the South African regime at the time, who would have preferred to see Unita become the governing party of Angola.
Through Operation Savannah, the SA Defence Force had hoped to impose Unita as their puppet ruler over Angola, especially in the southern region. This was because they had hoped to put a buffer zone which would enable them to establish military bases on the Angolan border. This, they hoped, would stop the South West Africa People’s Organisation, Swapo, getting a springboard for further attacks on the not-yet liberated Namibia. We believe that the SA Defence Force and the Central Intelligence Agency, CIA, would in fact have toppled the MPLA, if the Cubans had not intervened in their incessant attacks, which started from 1975 and went on long after Cuito Cuanavale to June 1988. This was for only ideological reasons. The battle ended negatively in human or life terms. The death toll was very high on both sides but, as the enemy failed to achieve their goals, the victory went to the People’s Armed Forces for the Liberation of Angola, Fapla. It is also said that every ignominy has its own advocates. That is very clear even today.
The battle of Cuito Cuanavale epitomises the extent to which the Botha- Malan regime was prepared to go and destabilise its own neighbours. The battle which started in September 1987 saw the little village of Cuito Cuanavale besieged for over ten months and it also saw the infrastructure of that village decimated, as the SA Defence Force did everything it could to “verpletter” [destroy] the Fapla combatants.
Fapla and Swapo, or the People’s Liberation Army of Namibia, PLAN, forces, fought side-by-side with the Cuban forces in the south because it was very clear that this was a target of the insurgents. The MK or Umkhonto weSizwe units were in the north where the imperialist forces were trying to filter in Savimbi’s Unita to go and reinforce their losing forces in the south. The victory of Cuito Cuanavale was a victory for the liberation forces and it was a decisive victory. [Applause.]
The truth of the matter is that not only were they surrounded by the Fapla and Cuban forces, but the truth of the matter is that not only after their own siege of Cuito Cuanavale did the SADF find itself besieged and know how to get out of the situation. It is also true that they even tried to go back again and capture Cuito Cuanavale, because the Fapla and Cuban forces had retreated back to that village and they were surprised when they were barraged with bombardments and they had to go under siege. They could neither go out of the siege nor penetrate Angola any further. There were a lot of insurgents at the time. It is very true that some commanders would have decided to finish them off but they were not fighting against a heartless opposition. They were fighting against a humanist army, and President Castro instructed his forces to allow the SADF to go back and retreat with a semblance of dignity.
The battle of Cuito Cuanavale must be remembered by our children properly and with scientific facts available to them, not via hecklers who would not even go to fight when they should have gone to fight but via people who were there, who fought, and some of them came back with their tails between their legs. The battle must be remembered as a lesson in patriotism and as a lesson in sacrifice and internationalism. We salute the combatants of the countries that made sure that the victory of the liberation of Angola was consolidated, and the victory for Namibia was immediately negotiated the following year. Indeed, our own victory was forced to happen as we were to engage very soon afterwards with the opposition. That battle gave birth to this august occasion, where black and white, male and female, disabled and physically able can now speak what they like and as they like about what was otherwise a very sad situation.
It is also a lesson to the imperialists that you do not only visit a country for the purpose of plunder. The Cubans could only take out of Africa the bodies of their dead and also the friendship of the African people. Very few other occupiers of our continent could claim the same thing. This is what our children must forever be taught. [Time expired.][Applause.]
Moulana M R SAYEDALI-SHAH: Madam Speaker, hon members, if truth be told, there are no victors in wars and armed conflicts. There is only pain and suffering, and loss of valuable material and human life. Period.
It is also true that wars and conflicts affect everybody, because bullets and bombs do not discriminate on the basis of colour, sex or age of the victim. The effects of violent conflict are not felt by everyone in the same way. Some are more vulnerable than others, namely women and children, who are most heavily affected for various reasons. We therefore have no choice but to strive for peace between states and between people.
However, no peace is possible without security. Peace and security are so intimately linked that the one is inconceivable without the other. Security for all people will not merely be realised by military means or military interventions, but by satisfying the fundamental needs of all men and women today. One cannot contemplate lasting and sustainable peace without addressing the issues of social justice, political justice and the issue of human security. Any attempt to identify and establish the foundations for peace and prosperity will have to take into account the underlying causes which lead to conflicts and wars.
Throughout history, major conflicts have been generated by religious and cultural differences. This is so because religion is often the core element around which many societies have organised themselves. Almost all religions set peace and harmonious relations amongst nations, races, ethnic societies and individuals as basic goals and yet, sadly, many wars have sprung from religion-oriented conflicts.
Who or what are the various state and non-state actors and role-players that must be involved in establishing peace, paving the way for progress and development? Let us look at the role of religious leadership. We’ll have to encourage dialogue between the various faith-based communities of the world. We’ll have to call on the religious leaders to promote mutual respect and tolerance within their respective communities in order that we may ensure religious harmony.
The other issue is that of ethnicity and nationalism. Another major
contributing factor which undermines the agenda for peace, prosperity and
progress is the practice of race-based politics, the politics of ethnicity
and nationalism. Nationalism is indeed a cultural complex. It is an
attitude, feeling or belief associated with national consciousness. It
involves a sense of identifying with or belonging to a large group of
people having a number of common traits or traditions such as religious
practices, language, ethnic customs and history. It often leads to a
feeling of national superiority, to glorification of national virtues and
to concerns for one’s own national interests to the exclusion of the rights
of other nations and groups which further generate a sharp division between
the us’’ andthem’’ complex, which in turn leads to international
conflict. This we must avoid at all costs.
We in Africa have experienced the human suffering caused by ethnic conflicts. At times ethnicity is used as a tool. What appears to be ethnic conflict in fact is nothing more than conflict between war lords and the elite competing for the exclusive control of state power and access to certain resources flowing from the control of political power.
Let us look at the role of civil society. One cannot underestimate the value of a vibrant civil society and the important role it can play in providing a broader framework that serves to urge leadership towards compromises as well as assisting in the development of democratic practices and institutions. Yes, there must also be then a reasonably united international community in which different outside parties can put pressure on the rival parties to seek an amicable settlement.
However, the one key body which must be rejuvenated and strengthened is the United Nations, without which international peace and security will remain a pipedream. The United Nations Millennium Development Goals, to which member states committed themselves at the UN Millennium Summit in September 2000, provide a framework for identifying and dealing with issues crucial for peace, prosperity and progress. They are namely the following eight: eradication of extreme poverty and hunger; achievement of universal primary education; promotion of gender equality and the empowerment of women; reduction in child mortality rates; improvement in maternal health; combating HIV/Aids, malaria and other diseases; ensuring environmental sustainability, and development of global partnerships for development.
I want to talk a little about peace within the African context. However, all of these goals cannot be achieved in a world dominated by the unilateral approach to global affairs as opposed to the ideal, which is the multilateral approach. Within the African context, the African Union must assert itself and play a pivotal role in achieving the goals outlined in the Millennium Development Goals.
African states must not pay lip service to the AU and its programme of action. They must all come to the table and share the responsibilities. The AU has created a number of institutions, security organs and other arrangements that will go a long way in preventing conflict and establishing sustainable development of the continent. In order to implement its peace and security agenda, the AU has developed tools for operational conflict prevention, including the continental early warning system, a “Panel of the Wise” and a peace and security council as well as other structures for peacekeeping, such as the African Standby Force. The African Peer Review Mechanism is intended to promote structural conflict prevention through good governance and the rule of law. We also have the New Partnership for Africa’s Development.
The big question is: Do we have the political will to enforce and implement all of these wonderful plans? The international community, the G8, the European Union and the United Nations will not take us seriously if we fail to implement policies which we ourselves have created for the African Union. African states must act to address the social and political vulnerability at the root of conflicts which undermine the agenda for Africa’s collective growth and progress.
In conclusion, human rights, rule of law and sound governance are all key ingredients of an open opportunity society, which we must seek to establish in order to guarantee peace, prosperity and progress for all people of the world. Thank you. [Applause.]
Mr J H VAN DER MERWE: Madam Speaker, I am a bit surprised because I thought we were going to talk about the lessons that we have learned from Cuito in respect of international progress, peace and prosperity. Instead of that, we had to listen to the fables of Stofile. No longer do we listen to the fables of Aesop but to the fables of Stofile. Everything he said about the SA Defence Force being defeated by Fapla is a fable and a fable is untrue. There was no victory to Fapla; in fact, if the Speaker gives me time, then I will answer you. [Interjections.] The SPEAKER: Hon Van der Merwe, will you take a question?
Mr J H VAN DER MERWE: Yes, but I want a difficult question. [Laughter.]
The MINISTER OF SPORT AND RECREATION: Does the hon Van der Merwe accept that Batallion 32, although they were black, were part and parcel of the SA Defence Force machinery?
Mr J H VAN DER MERWE: But of course it is true and anybody knows that. I don’t know why you are asking that. Everybody knows it and it is my turn now. [Interjections.] Stofile, hlala phantsi wean [please sit down].
The SPEAKER: Hon Stofile, please take your seat so that he can finish his speech.
Mr J H VAN DER MERWE: In fact, Madam Speaker, 4 785 Cuban and Fapla soldiers were killed as opposed to 31 South Africans. A total of 94 tanks of Fapla were destroyed against three of the South Africans. We are not here today, I thought, to discuss … [Interjections.] Mr Kasrils, I thought we were here to discuss the lessons from Cuito Cuanavale, but put your question.
The MINISTER OF INTELLIGENCE: Would you give me permission? I want to put a question to the hon member. Coming into the Ministry of Defence, we could find no statistics kept by the old SADF in relation to casualties. This was all destroyed. The second point is that …
Mr J H VAN DER MERWE: What is your question?
The SPEAKER: Please ask your question, hon Kasrils.
The MINISTER OF INTELLIGENCE: Well, these were destroyed … In the light of that, how sure can you be of the figures that the SADF gave? Secondly …
Mr J H VAN DER MERWE: No, no. You are taking my time now. It is my turn and not yours.
The MINISTER OF INTELLIGENCE: Speaker, will he get extra time, because the second question is concerning a victory, if, in fact, the SADF, for the first time since 1975, totally withdrew from Namibia, which it had never wanted to do. They withdrew from Namibia, which it never wanted to do. We saw freedom in South Africa within a short time. The question is: What in fact then led to such a debacle on the side of the apartheid regime and the SADF which you choose to defend? Thank you.
Mr J H VAN DER MERWE: I base my figures not on what the South African general said but what Mr Chester Crocker said. He was the American Assistant Secretary of State. [Interjections.] It is a fact. I was in the war at the time before then. We knew how the SA Defence Force thoroughly beat the Fapla and MPLA forces.
I have one minute left and I want to get to the lessons that we have learned from Cuito Cuanavale. It is the same lessons that one learns from other huge bloody battles, like Gettysburg, Pearl Harbour, Waterloo, Amajuba, Stalingrad and Hiroshima and Nagasaki. That is exactly what happened in South West Africa/Namibia. What happened is that eventually, after these bloody battles and the death of millions of people, you go to a negotiation table. What we should learn from Cuito Cuanavale is that eventually you sit around a table and you negotiate peace. This is what happened in Namibia and Angola. After all the wars, there were negotiations and the negotiations led to peace in that country.
I see another Essop is looking at me. This is not the one of the fables. It is the one who does not do his work in the Presidency. [Laughter.] To conclude: Let us forget about who won and who lost. We all know the SA Defence Force won that battle, but what are the lessons? [Interjections.] What are the lessons we have learned? The lessons are that we should not shoot, we should talk. Let us take that lesson from Cuito Cuanavale, and from Waterloo and from all the other battles, and let us in future negotiate wherever we can avoid war. Let us rather talk, instead of shoot. This is what happened.
I must tell you: I am surprised at the propaganda by the ANC about the fables of what happened at Cuito Cuanavale. You know, Ronnie, that you got the biggest hiding that you can think of. [Interjections.]
THE DEPUTY MINISTER OF TRADE AND INDUSTRY (Dr R H Davies): Madam Speaker, on a point of order: The point of order is to ask the hon Van der Merwe if he is aware of the fact that Hitler also thought that he won at Stalingrad.
The SPEAKER: Hon Van der Merwe, you no longer have any time to respond. I did give you an extra minute. [Interjections.] Can we give the opportunity to hon Swart?
Mr S N SWART: Madam Speaker, it is clear that, in times of war, truth is the first casualty. This is amply illustrated by the different interpretations given to the outcome of the Cuito Cuanavale campaign in this very House.
Whatever one’s political views, the soldiers themselves, the military historians and the military archives are best suited to shed light on this issue. However, in our view, there can be no doubt that the SADF-Unita forces initially stopped a major offensive by Fapla-Cuban forces, but that, on the other hand, according to Colonel Jan Breytenbach, an ensuing South African assault was brought to a grinding halt. It is also abundantly clear that a tactical stalemate had eventually been reached at the end of this whole process, mainly due to the fact that the SA Defence Force no longer enjoyed air superiority. A former South African Foreign Affairs official best summed the situation as follows:
Cuito Cuanavale was eventually a stand-off with an inconclusive military result but with the realisation that a military victory was not possible or only at a price that neither side was prepared to pay.
The ACDP believes thus that we should see Cuito Cuanavale, ironically, as a victory for peacemakers, as it gave impetus to conclude the Angolan- Namibian Peace Accords, an event that in turn contributed to democratic change within South Africa itself. In a sense then, Cuito Cuanavale was, as asserted by former President Mandela, the turning point for the liberation of our continent and did then serve as a foundation for international progress, peace and prosperity.
Instead of debating as to who won the battle, let us rather mourn the loss of lives and the wastage of millions of dollars on military hardware by all parties involved. As we prepare to celebrate Easter, let us recall the words of the Prince of Peace, Jesus Christ, who said: Blessed are the peacemakers, for they will inherit the kingdom of God. Thank you. [Applause.]
Dr P W A MULDER: Madam Speaker, I really do not know why Cuito Cuanavale is being singled out for commemoration and a debate today. What happened at Cuito Cuanavale? The MPLA, the Cubans and the Russians had as their mission to capture Jamba, the Unita base in Angola. To succeed in this, they had to cross the Lomba River, capture Mavinga and then Jamba. One brigade of the SA Defence Force assisted Unita in preventing this. That is what it is all about. What happened?
Die MPLA en die Kubane het nooit naby Jamba gekom nie. Dit is ’n historiese feit. Hulle het nie eens Mavinga verower nie; om die waarheid te sê, hulle kon nie eens oor die Lombarivier kom nie. In die proses is 4 000 Kubaanse en Angolese soldate dood teenoor die 31 Suid-Afrikaanse soldate. En u kan maar gaan vra: U sou nie syfers kon wegsteek in Suid-Afrika nie. Die ma’s van die kinders sou dit vir u bekend gemaak het.
As ek meer tyd gehad het, kon ek u meer syfers gegee het: 94 Kubaanse tenks teenoor drie van Suid-Afrika, ensomeer. Unita en die SA Weermag het ’n beslissende oorwinning behaal deur te voorkom dat die MPLA en die Kubane hul doel bereik. Dit is veelseggend dat Fidel Castro een van die Kubaanse bevelvoerders tydens die gevegte, Genl Arnaldo Sanchez, na die oorlog deur `n vuurpeloton laat teregstel het. Nog ’n Kubaanse generaal, Genl Del Pino Diaz, het na die oorlog na die Weste, na Amerika toe, gevlug.
Nou die vraag: Word Cuito Cuanavale herdenk omdat ons dit as ’n oorwinning sien van die Kubaanse magte oor die Suid-Afrikaanse magte? Dan sê ek vir u, u is besig om die geskiedenis vir propagandadoeleindes te herskryf, want dit help ons niks. (Translation of Afrikaans paragraphs follows.)
[The MPLA and the Cubans never got anywhere near Jamba. That is a historical fact. They did not even capture Mavinga; in fact, they could not even cross the Lomba River. In the process 4 000 Cubans and Angolans died compared to 31 South African soldiers. And you can go and find out for yourself: You would not have been able to hide the figures in South Africa. The children’s mothers would have informed you about it.
If I had more time at my disposal I would have been able to provide you with more figures: 94 Cuban tanks compared to three South African tanks, etc. Unita and the SA Army scored a decisive victory by preventing the MPLA and the Cubans from achieving their goal. It is significant that, after the war, Fidel Castro had one of the commanding officers during these battles, Gen Arnaldo Sanchez, executed by firing-squad. Another Cuban general, Gen Del Pino Diaz, fled to the West, to America, after the war.
Now the question is: Are we commemorating Cuito Cuanavale because we see it as a victory of Cuban forces over SA forces? If that is the case, I would like to tell you that you are busy rewriting history for propaganda purposes, because it does not serve any purpose at all.]
If our facts differ, and it seems they do, I challenge the ANC: Let us then appoint a credible, international panel to investigate the facts. Fortunately, the majority of the people who participated in the battle are still alive today, and that makes it easier. Let us go and talk to Gen Geldenhuys, former chief of the SA Defence Force; Dick Lord, Chris Serfontein, Mike Muller, Pierre Franken on this side – and also on the other side. The Castro regime will shortly come to an end in Cuba, then all the facts from the other side will also be available. Let us get to the truth in the end.
My vraag is: Gaan ons voortaan ook Cassinga herdenk? Gaan ons ook Brug 14 herdenk? Waarmee is ons besig? Wat is die doel hiervan? Die Speaker het gesê dat die doel is om lesse te leer uit die verlede wat vir ons almal sal baat. Dit is nie wat vandag hier gebeur nie. Dit is hoekom ek reageer soos ek tans reageer. As die doel is dat die ANC na helde soek in die verlede, dan moet u dit eerlikwaar nie op militêre terrein soek nie. Dan moet u dit op politieke terrein gaan soek, waar u suksesse gehad het met mnr Mandela. As die doel hiervan is om Suid-Afrikaners te verenig … (Translation of Afrikaans paragraph follows.)
[My question is: Are we also going to commemorate Cassinga from now on? Are we also going to commemorate Bridge 14? What are we doing? What is the aim of all this? According to the Speaker the aim is to learn the lessons from the past that will benefit all of us. This is not what is happening here today. That is why I am reacting in the way I am right now. If the purpose is that the ANC is looking for heroes from the past, then it must most certainly not look for them on the military front. Then you must go and look for them on the political terrain where you had successes with Mr Mandela. If the aim of this is to unite South Africans …]
[Interjections.]
The SPEAKER: Hon Mulder, you have a question.
Dr P W A MULDER: Laat ek net klaarmaak want my tyd is baie min, dan kan u ’n vraag vra. As die doel is om Suid-Afrikaners te verenig, dan is u ongelukkig besig om presies die teenoorgestelde reg te kry met die feite. ’n Rugbywêreldbeker-oorwinning verenig mense. ’n Veldslag uit die verlede waaroor ons verskil, dit verenig nie, maar polariseer. Ons kan nie toelaat dat hierdie propaganda die wêreld ingestuur word nie. Moenie dat ons die jeug verwar met verkeerde feite en oor tien jaar van nou af moet u teruggaan en sê: Ekskuus, maar die feite was verkeerd. Jy moet dan met die ware feite uitkom. Die geskiedenis sal by die ware feite eindig wat daar werklik is.
As die Speaker my toelaat, kan u ’n vraag vra. (Translation of Afrikaans paragraphs follows.)
[Dr P W A MULDER: Allow me to finish, because I have limited time, then you can ask a question. If the aim is to unite South Africans, then you are unfortunately achieving exactly the opposite with the facts you are providing. Winning a Rugby World Cup unites people. A battle from the past that we differ on does not unite but polarises us. We cannot allow this propaganda to be sent out into the world. Let us not confuse the youth with incorrect facts and, 10 years from now, we have to go back and say: We are so sorry, but the facts were incorrect. You will then have to provide the real facts. In the end, history will reveal the real facts.]
If the speaker will allow it, you can ask your question.]
The SPEAKER: No, hon Bapela. I’d like to go on to the next speaker. His time has expired.
Dr P W A MULDER: You can ask me outside and I promise that I will answer you.
Ms P DANIELS: Madam Speaker, on the southern borders of Angola lies the small town of Cuito Cuanavale, a town of political and military significance, where the apartheid regime was determined to prevent the South West Africa People’s Organisation, Swapo, from launching attacks into Namibia.
Let us remember that Angola provided homes for the liberation movements of Namibia and South Africa. This is where members of these liberation movements, especially soldiers of our own Umkhonto weSizwe and Swapo were sustained during the darkest days of apartheid.
Following the invasion of Angola in 1975, the apartheid regime was determined not to accord legitimacy to any liberation movement in Southern Africa. Instead, this illegitimate apartheid regime was determined to marginalise all liberation movements from any direct or official engagement.
It was only when the situation became untenable in the late 1980s that the apartheid regime seriously influenced and directed the politics of Angola. To achieve this, it used military and political strategies. Determined to destabilize the region of Southern Africa, this apartheid regime applied barbaric and destabilization policies, which left nearly millions of people dead and millions more disabled and displaced. Like other countries in this region, Angola was not immune from these experiences.
While the aggression of the SA Defence Force was motivated by its political ideological drive to stop the spread of communism, the central commitment was to contain uMkhonto weSizwe and Swapo. During all this time, the National Union for the Total Independence of Angola, Unita, was engaged in a battle to overthrow the legitimate government led by the Popular Movement for the Liberation of Angola – Party of Labour, the MPLA.
With the support of the United States of America, Unita employed terror tactics to force locals off the land by raiding villages, murdering local people, and burning crops and mining fields. However, even with these terror tactics, the Unita rebels were never allowed any free space to advance and deepen their aggression in the region. When Unita was about to be decimated, the apartheid regime sent its elite troop to Angola to rescue the beleaguered mercenaries of Unita. With the direct involvement of the SADF, Unita became a serious threat which could no longer be handled by MPLA forces alone.
Following a plea for help, the Presidents of Cuba, Fidel Castro, of the ANC, Oliver Tambo, and of Swapo, Sam Nujoma, responded by supporting and sending troops, thereby affirming the principle of internationalism. These forces decisively defeated Unita and the SADF.
It was in 1998, Madam Speaker, when the progressive forces of Cuba, Angola and Swapo met at Cuito Cuanavale against the combined enemy forces of the then South West Africa, apartheid forces and rebels of Unita. Of course, the reactionary forces were sponsored by the imperialist forces. This was to derail and retard the progress of human freedom. No doubt, this was a huge battle which changed the political and economic situation of the Southern African region.
During this time of social unrest in South Africa, communities were being stretched, and the diminished capacity of the apartheid regime meant it was already losing its grip on power. It was becoming clear that the entire region of Southern Africa would soon become free from apartheid destabilisation policies.
This brought about independence in Namibia, elimination of rebel groups in Angola, and the liberation of the Southern African region. It is for this reason that the ANC believes that the region of Southern Africa must remain a pillar upon which South African foreign policy rests. Given the history of destabilisation in this region, South African foreign policy gives expression to the desire and commitment to stabilise this region.
One lesson from the Cuito Cuanavale battle is that it is through solidarity, alliance and unity of progressive forces that an enemy can be defeated. The ANC is committed to non-sectarian struggles and internationalism. The cause of progressive forces is up against powerful global forces, as has been the case over the years and indeed is at present.
We cannot afford to be divided when our opponents are united nationally, regionally and internationally. The 2008 programme of the ANC and policy of government moves from this premise. We have to work and build peace, solidarity, friendship and prosperity, as articulated in the 1955 ANC document called the Freedom Charter.
We commemorate the battle of Cuito Cuanavale with pride. We acknowledge the gallant struggle and sacrifices made by many soldiers in contribution to the cause of democracy, peace and prosperity. At the moment, Comrade Zuma leads the delegation to Cuito Cuanavale as the President of the ANC. This marks the 20th anniversary of the battle of Cuito Cuanavale. Also, a parliamentary delegation left for Cuito Cuanavale to commemorate this battle.
In conclusion, let me state that in dealing with the international and continental issues, South Africa must continue to be informed by the freedoms and human rights on which South African society was founded. As a nation, we must continue to be inspired by the Freedom Charter which provides that South Africa should strive to maintain world peace and to settle all international disputes by negotiations, and not by war.
We condemn wars, yet we understand the inevitable connection between wars and people’s struggles for a better life. History tells us that in spite of all horrors, atrocities and stress that inevitably accompany wars, some wars have contributed to the development of humankind. I thank you.
Ms S RAJBALLY: Madam Speaker, Cuito Cuanavale was a battle that has played a pivotal role in the progress of Angola and the end of the border war with South Africa. We need to applaud the Cubans who offered their assistance in liberating our continent and freeing it from the shackles of colonialism and standing strong against the apartheid regime.
Today, Cuba still sends doctors and professionals to assist us. This is where we say that xenophobia is not welcomed as we need to respect and welcome the kindness of Cuba that has stood by us through the toughest times.
In Ontario, Canada, last year, a function was held in May to commemorate this great battle. Here in Africa we need to humble ourselves and applaud the world that supported us in our struggle against apartheid.
I take this opportunity to applaud the great Banturaki Bakunda Barungi, aka Bantu, a dedicated Pan-Africanist who passed on, on 18 March 2007 in Toronto, Canada.
We have a progressive role to play in promoting Africa globally, but the MF feels that we need to pay tribute to those who have stood by us through the colonialisation of our continent and to fight the apartheid regime of South Africa.
Outside pressure had a pivotal role to play in our history, and many were brave to fight on our borders for the sake of humanity. We should not have forgotten the heroes, and our people need to be programmed with gratitude and humanity for the assistance we have received. Many of these countries were home to our exiled comrades, and thus, from there, they continued to mobilise the movement against the apartheid regime.
To progress harmoniously, we need to harness a conscience of respect for life and have a global responsibility towards it.
The world could have just looked on when we were suffering. How can we? I thank you.
Mr J J MAAKE: Madam Speaker, Ministers, my colleagues, it’s always very difficult to understand how some people think. I don’t think the statistics of people who died and survived are important. The important thing is: What did the apartheid army want in Namibia – let alone Angola? Why were they there in the first place? One other important thing is that the apartheid army with its reserves exceeded the whole population of Namibia at some stage. [Laughter.]
Africa has been called a dark continent, an uncivilised continent inhabited by savages and the heathen - only for us to realise, as we develop and liberate ourselves, that we were the builders of very developed and thriving cities and universities. Look also at the great Zimbabwe, the Timbuktu University, Mapungubwe, the Pyramids, etc.
Africa is and has always been the richest continent in its minerals, culture and heritage. This has clearly been proven by the systematic plunder of our continent and the scramble for Africa. How does one scramble for a dark continent full of savages? What a contradiction!
Our culture of ubuntu was destroyed and then we were called uncultured. Never were we told about Mapungubwe. How long did it take for South Africa to have a mere television service, and what was the reason? Was it because we should not know anything about the outside world?
As a people we were killed, shot, bombarded. New methods of warfare were invented to subjugate them, but Africans soldiered on. One by one, our African countries were liberated.
I would like to say to the opposition that it is very nice and fulfilling to be a member of the ANC, the people’s movement. [Applause.] And I can say to them you have all the members of the ANC in this House to learn from, and they can’t all be wrong, as they are in the majority. The ANC is consistent and has always been.
When we were called “natives”, the ANC said we were Africans. When you said “Bantus”, the ANC said Africans. When you said “plurals”, the ANC maintained its consistency and said we are Africans. [Applause.] That is what I call consistency, especially because the opposition agrees with the ANC today that we are Africans. [Laughter.]
The ANC as an organisation is an all-rounder … [Interjections.]
Mr J H VAN DER MERWE: On a point of order. Madam Speaker, does this have anything to do with Cuito Cuanavale? [Interjections.]
Mr J J MAAKE: I’m getting there. The ANC as an organisation is an all- rounder. If we were to explain it in terms of attire, we would definitely say the ANC wears an overall. On its own, an overall is a shirt, a trouser, a jacket and everything one needs in terms of attire. In Northern Sotho, we would explain the ANC by saying …
ANC ga e apare šothi – ga se mošemanyana. Ke no tšhaba gore go na le tše dingwe diphathi ka mo Ntlong tšeo di ka bago di apara dišothi ka gore … [The ANC does not wear shorts – it’s not a boy. I’m just afraid because there might be other parties in the House that might be wearing shorts because …]
… it might be unparliamentary.
All that I said above was an introduction to Cuito Cuanavale, the mother of all battles in Southern Africa. Cuito Cuanavale was the liberator of all the oppressed masses in Southern Africa.
The Southern African political landscape was definitely transformed by the battle of Cuito Cuanavale when the South African superpower was thoroughly thrashed by the combined forces of Fapla, the Cubans and the PLAN. If a regular army retreats over 500 kilometres in one day, it tells you a lot. [Applause.] Before that, the apartheid regime did whatever it liked in Southern Africa to destabilise our neighbours.
Which country in Southern Africa was never terrorised by the regime? We’ve got the Matola massacre, Mbabane and Manzini massacres; the Lesotho massacre; car bombs in Harare and bombardment in Lusaka and Cuito Cuanavale itself - a systematic destruction of the infrastructure of these countries.
The US had an alliance with South Africa and Mobuto of Zaire to train and equip certain organisations created by Portugal’s colonial regime in order to frustrate Angola’s independence. To quote Fidel Castro: “This Mobuto was the biggest thief that ever lived.” [Laughter.]
It must be said that the United States had even transferred atomic bombs similar to those that exploded in Hiroshima and Nagasaki. This was after the Angolan and Cuban forces gained the upper hand on the racist army. The Angolan and Cuban armies fought with an army that had eight atomic bombs supplied to them by the USA through its surrogate, Israel. [Interjections.]
Dr C P MULDER: Madam Speaker, can we assist this poor hon member? He needs assistance.
The SPEAKER: No, don’t assist him. You can either rise on a point of order or ask a question.
Dr C P MULDER: May I ask him a question? He’s got enough time.
The SPEAKER: Do you want to take the question, hon member?
Mr J J MAAKE: No, not now.
The SPEAKER: Unfortunately, he doesn’t want to answer. You can assist him afterwards.
Dr C P MULDER: May I ask why?
Mr J J MAAKE: In his interview, Fidel Castro says -
One day I asked Nelson Mandela: “Mr President, do you know where the nuclear weapons that South Africa had are?” His answer was: “No, I don’t know.” “What have the South African military leaders told you?” “They haven’t told me a thing.”
Angola as a country and Cuito Cuanavale, specifically, symbolises the victory of the Southern African fighting masses over the demon that killed, maimed and dispossessed the continent. The blood of Cubans, Angolans, Namibians and South Africans joined to nourish the freedom of the long- suffering countries of Southern Africa in this remote town of Angola.
I think it must be said and stressed that the Cubans who fought in Angola were volunteers. To quote Fidel Castro once more:
Civil war, you know, cannot be fought except with volunteers. Other countries didn’t do it with volunteers and they paid dearly for it because by law a man goes into combat and he or she can die. And an internationalist mission cannot be carried out if it’s not carried out with volunteers. And that is another principle.
With the way the opposition keeps on moaning and howling about the Zimbabwean situation, they give the impression that they would be happy if this Parliament decided to invade Zimbabwe. The hon Seremane seems to love Zimbabwe more than his own country. If a bit of research could be done on his historical background, we might find that he is originally from Rhodesia, subject to correction, of course. [Interjections.]
The SPEAKER: Order, order, hon member!
Ms J A SEMPLE: Hon Speaker, I would like to ask the speaker if he will take a question. [Interjections.] He can speak for himself, I’m sure.
Mr J J MAAKE: Madam Speaker, some of these things surprise us no longer because a human being is a very funny animal. It does things that are not necessary. It is the only animal that drinks water when it is not thirsty, eats food when not hungry and has sex just for fun and not for procreation. I thank you. [Applause.]
The SPEAKER: Hon members, I take the opportunity to respond to a question that was raised about why Cuito Cuanavale was singled out for debate.
I think the straightforward answer is because of its significance, because of the lessons and because of the freedom that was gotten out of the developments that happened in Cuito Cuanavale. That’s why we are having the debate.
Debate concluded.
DEBATE ON WOMEN AND THE MEDIA - IPU TOPIC
Ms N R MOKOTO: Madam Speaker, hon members as well as members of the public in the gallery, I greet you all. As I open this debate on woman and the media, I must highlight that women continue to suffer the effects of an unfinished struggle for democracy. This struggle seems not to be won because it is waged on a very difficult and different terrain, namely in the media.
The media has a tendency to allow itself to be used as a playground for the perpetuation of gender stereotyping of women through its negative references and depictions of women in various content and in the general reflections of roles that woman can play and roles that must be played by women.
In a survey conducted by various newspapers across the world during the Bill Clinton administration, his wife was referred to as a “witch” more than 50 times and most writers who did that were men – and, in some instances, women - who felt that women achievers have surpassed the stereotypical bounds that have success as a preserve for men and a taboo for women.
Worst of all is when women journalists are assigned topics that are specifically reserved and intended to demean women such as being the columnist of the agony aunt column or the cook’s corner or “Shwashwi”, a gossip column.
To date we have to indicate the indisputable fact that the media continues to play a very instrumental role in shaping our thoughts, culture and behavioural patterns despite the many national and international campaigns to raise awareness and to improve the status of women and perceptions thereof in society. Together with the increase in gender-focused agendas by many democratized governments, the abusive power of the media has always gone unchallenged.
As we debate this topic on women and the media, we must appreciate that this issue of cultural stereotyping and gender oppression using media is now being given a suitable platform and attention internationally by governments and legislatures across the world.
The timing of this debate therefore tells us that never will the media be allowed to abuse its excessive power to entrench particular stereotypes in our society, particularly since we come from an environment that permitted the media to be used as a tool for oppression.
As the ANC we recently adopted a conference resolution on a matter related to the one we are debating - the one which highlights the influence of media and talks about the media tribunal. The ANC has put it on record that it does not want a lapdog media, but it needs a media that is very accountable, that is very responsible and that practices proper self- regulation within a democratic dispensation.
Our media always argues that they try to mirror reality. As the ANC, we are of the view that there is a developmental role that the media must play. That developmental role must be to promote balance and fairness of reporting, to foster peace and to promote equality and unity in the society. At all times, the media must be held accountable for its action.
As the fourth estate of government, the media has a very specific role to play in our society. It has to look after the interests of the people and defend them, but seemingly, throughout the world, our media has chosen to dance to the wrong tune, which has resulted in the gradual erosion and abdication of the primary functions of the media to educate, to inform, to foster debate and to entertain society.
Through its persuasive nature, the media and its agenda-setting function, the media has indirectly, if not directly, reinforced and entrenched some of the societal stereotypes, particularly around societal roles and functions of women.
In the 1960s … [Time expired.] [Applause.]
Mrs S M CAMERER: Madam Speaker, the DA would certainly not agree with the previous speaker from the ANC’s remarks about the necessity for a tribunal. Nevertheless, I would certainly be able to agree with her that, on 19 March 2008, we can both state categorically, in this House and without fear of contradiction, that when the media deals with women, gender stereotyping and male chauvinism and other forms of discrimination and inequality immediately come into play. There is overwhelming evidence that, as far as the international and local media are concerned, women are still first and foremost sex objects.
Last week’s newspapers are typical examples: A journalist in one of the Sunday papers devoted a whole page to a discussion of why Hilary Clinton and the trouser suits she often wears are sexy - it’s all because she’s perceived as being powerful and that’s sexy apparently. By contrast, what her rival Barack Obama wears only gets attention when he’s photographed in tribal dress as he was when he visited Africa in 2006.
A typical piece appeared in Business Day last week about the fact that a woman had, for the first time, been elected as the head of Italy’s national employers’ association. It made the point that she is pretty with flowing chestnut locks - not a word about her ability or experience. This, of course, would have been unthinkable in the case of a man.
Even reports on Britain’s “Iron Lady” Margaret Thatcher’s latest speech would inappropriately begin: “Dressed smartly in a well-cut dark suit and a grey silk blouse with a bow at the throat, Mrs Thatcher, etc”. It would never have happened to her contemporary Ronald Reagan, even though he was a former film actor.
I often feel that when a newspaper wants to put me in my place, they print a statement I have made, illustrated with a picture of me in a frivolous hat. I’m sure many of us have had that experience.
According to the United Nations Educational, Scientific and Cultural Organisation, Unesco, three international media monitoring actions on women in the media, co-ordinated by the World Association for Christian Communication in 1995, in 2000 and 2005 respectively, revealed that perspectives on women are rarely nuanced: Mainstream media tend to portray women as unrealistically glamorous or as victims of abuse, notably of sexual abuse.
In South Africa, women’s role in the media, whether behind the pen, computer or camera or as the subject matter of media reports, is an area that is underresearched, but the conclusions of only two studies that have been undertaken in the past five years are similar. In 2004 a study by the Media Institute of Southern Africa found, among other things, that women’s views and voices are grossly underrepresented in the media. Women constituted only 17% of news sources and wrote only 22% of articles. It also found that TV was the only media that achieved a gender balance with presenters. It also found that older women are virtually invisible and that the only occupational categories in which female views dominated were beauty contests, sex workers and home-makers.
While women constitute 31% of MPs in South Africa, they constitute only 8% of politicians quoted in the media. There are still cases of blatant sexist reporting in the media, portraying women as sex objects and temptresses. A recent gross example of this was the way the media broke the story of Nwabisa Nqcukana, the young woman molested at the Noord Street Taxi rank five weeks ago. Accompanied by huge pictures of a very brief mini skirt, the stories included much salacious detail and comments from Mother Grundys about how girls nowadays dressed inappropriately. The story only began to get some balance much later on.
In 2006, the report of the SA National Editors’ Forum, Sanef, on the glass ceiling for women in the newsroom established some worrying facts, including that only one-third of Sanef’s membership is female and that the media not only allows sexism in its ranks but even perpetuates it. The study recommended strategies in the newsroom to advance women, including general conscientising.
It is therefore very appropriate that the Inter-Parliamentary Union’s resolutions recently have taken up this issue. For example, we have the following resolution: That images and models of men and women be transmitted through education in the family, formal education, the media and by advertising messages; that action needs to be taken at all these different levels in order to eliminate any suggestion that one sex is superior to the other, and that the contribution which the media can make towards the promotion of awareness is undoubtedly crucial. They can help to instil among the public the idea that women’s participation in political life is an essential part of democracy. They can also take care to avoid giving negative or minimizing images of women.
Any stereotyped presentation of the image of women by any media should be prohibited by law, according to the IPU, and the media should widely publicise the contributions that women have made to the development process of human civilization and history and introduce to the public positive images of women’s participation.
Can we say that the media of our country, which is a participant in the IPU, lives up to these high standards? Unfortunately, the answer is no. In South Africa we still have a long way to go and any initiative of the IPU in this connection will be welcomed. Thank you, Madam Speaker. [Applause.]
Ms S C VOS: Madam Speaker, in my previous life before politics, I was a print journalist both in South Africa and abroad for nearly 30 years, and I can speak from personal experience of the exploitation of women in the media. Fortunately now, many women journalists and others in the media can look forward to much better career prospects than I did in my years. This happy scenario unfortunately excludes most women in other African countries.
In our own country, here in South Africa, we can joyfully witness the increasing influence of some highly professional women editors, journalists and commentators throughout the print and electronic media. So why do surveys continue to show that our media establishments are, for the most part, old-boys clubs? The shameful truth is that, in our male-dominated and essentially patriarchal society, women in the media are still on the receiving end of discrimination and discriminatory practices.
May I suggest for a start that the answer can be found very easily on the pages of the Independent Newspapers here in South Africa and abroad? Take a look at the International Advisory Board of International Newspapers, which is proudly printed for all to see day after day. Let me read it to you: Brian Mulroney, Anthony O’Reilly, Ben Bradlee, Kenneth Clarke, Sean Connery, David Dinkins, Ivan Fallon, Jakes Gerwel, Ted Harris, Liam Healey – heard a female name yet? Well, here comes one! Roll of Drums: Margaret Jay, and then the list continues in alphabetical order: Shaun Johnson, Wiseman Nkuhlu, Dennis Rogan, Wilson Whineray and finally Andrew Young. One woman in a list of 16!
Years ago, I confronted Ivan Fallon with my utter disgust that Independent Newspapers would actually print such a list when they should hang their heads at flying such a sexist banner on their own editorial pages. He was openly contemptuous and sneered something about this being an International Advisory Board, implying there was no woman in South Africa or Africa worthy of this honour.
The fact of the matter is that this board has recently been in this country and our President and Cabinet Ministers met with this board and one woman. They should be boycotting it. We should be boycotting this.
So, if we are serious about women in the media, why don’t we start by questioning what is staring us in the face, day after day, in our own newspapers, the contempt which the owners and publishers of Independent Newspapers clearly have for including women on their International Advisory Board? How far down the ranks does this attitude filter?
If I had more time I’d say more but, unfortunately for me and fortunately for Independent Newspapers, my time is up. Thank you. [Applause.]
Ms M F TLAKE: Madam Speaker, before I start my speech, I would like to say this to the hon Camerer: I don’t think it was necessary for you to display your agreement or disagreement with what a former ANC member said. She has the right to freedom of expression … [Interjections.] That is why … [Interjections.] These are the scourges that plague the process of gender equality. We as women, instead of becoming catalysts, actually antagonise one another. [Interjections.] To start with my speech … [Interjections.] You’ve had your time to speak. It is mine now. [Interjections.]
We all know that South Africa has entered into several international, regional and domestic conventions that outline the right of citizens and which give effect to the protection of women and children, inter alia, against any form of discrimination.
I mention but a few of these conventions and treaties: The Universal Declaration of Human Rights, which calls for the entitlement of everyone to all rights and freedoms, irrespective of colour, race and sex; the Declaration on the Elimination of Discrimination Against Women, commonly known as the Cedaw; the Beijing Declaration and Platform for Action of 2000, which ensures the full implementation of human rights of women and girls as an integral part of all human rights and fundamental freedoms, and the 1954 Women’s Charter.
I am full of pride and gratitude this afternoon, as I stand at this podium, about the endeavours of South Africa to uphold human rights, as entrenched in Chapter 2 of our Constitution, that affirm the democratic values of dignity, equality and freedom. South Africa will be hosting an Inter-Parliamentary Union Assembly in the upcoming month of April 2008 here in Cape Town. I feel honoured by this Parliament this afternoon to be debating on one of the topics that will be discussed in the Inter-Parliamentary Union Assembly. Once more I thank you, Madam Speaker.
The paper I’m debating on today gives a brief profile of women and the media in South Africa. In accordance with a mid-year population study undertaken in 2007, population estimates revealed that females constitute 24,4 million of the entire population of this country. However, the 49th session report of the Commission on the Status of Women in South Africa revealed that, both in print and electronic media, gender equality with regard to female representation is very minimal.
This is illustrated in the following: Men make up 78% of television news subjects as compared to the 22% coverage of females. In newspapers and on radio, the coverage of women’s issues is less than a third as compared to other issues. Ten per cent of news on sexual harassment and domestic violence that affect women and the girl child is often readily assigned to female presenters as they are regarded as soft issues or soft news in comparison to their male counterparts, who are assigned the so-called hard issues or hard news. It is against this overview that a conclusion was made that stereotypical practices within our society compromise women’s dignity and integrity. If I may cite one example, in marketing and advertising strategies in the media, we often see cars advertised as being sexy, beautiful, gorgeous and fast. Next to it would be a cartoon of a woman wearing only a bikini and a bra. One wonders how a woman in a bikini and a bra relates to a sexy, beautiful, gorgeous and fast car. No reference is made to her ability to drive that motorcar. I will not answer this question, but leave it to you members to digest.
In conclusion, the great Oliver Tambo once said South Africa will not be liberated until its women are. To me, the great OR meant that gender equality is not a women’s issue, but a societal one, hence a national and international challenge.
In other words, gender equality must never be viewed in relation to biological and physical differences between men and women, but it should be viewed in the context of power-sharing and the equal potential inherent in men and women as human beings. If given equal opportunities, they can both excel in development and leadership spheres owing to the fact that they are human beings with this inherent potential.
This is further endorsed by the Freedom Charter, the ANC’s objective strategy and Chapter 2 of our Constitution that all call for respect of human values such as dignity, equality of life, freedom and security.
So men and women of South Africa, let’s stand together and liberate this country by liberating its women, as Oliver Tambo once called for, and enhance the national democratic revolution. Let us women be catalysts and not fighters. Let us women love one another and not expect to be loved first by others, because charity begins at home. [Time expired.]
Ms S N SIGCAU: Honourable Speaker and hon members, the role of women in society has for centuries been determined by the stereotypes that some men impose on them. Whilst we have changed the laws and our Constitution implores us to ensure gender equality, the stereotypes persist.
There are a handful of these stereotypes that we continue to see over and over, and it is this repetition that continues to mould the attitudes of our entire society towards women.
This is clearly reflected in the media where the so-called beauty – ubuhle
- of a woman is often the only reason why she features. The other familiar stereotype is that women who are successful at anything other than motherhood are somehow unfeminine or hard.
It is the uncritical repetition of these stereotypes that permeates our media that gives rise to such behaviour as the stripping and abuse of women at taxi ranks because of what they wear.
We applaud the media institutions who have changed their approach and actively seek to portray women in a less stereotypical way – their leadership is helping to show the way for others. I thank you, hon Speaker.
Mrs C DUDLEY: Madam Speaker, women and the media concerns both how women impact on the media, that is the gender make-up of the media, and how the media impacts on women or how it reports on and reflects matters affecting gender relations.
A Washington-based international women’s media foundation launched in 1990 with a mission to strengthen the role of women in the news media worldwide has recognised the following remarkable women who have impacted the media.
Six Iraqi women received an award for their work as journalists in Iraq. Despite extremely difficult circumstances and very real danger, Sahar Issa said she does it,
… because I’m tired of being branded a terrorist: tired that a human life lost in my country is no loss at all. This is not the future I envision for my children. They are not terrorists, and their lives are not valueless.
Mexican Lydia Cacho, a news correspondent, features writer and founder of a centre for women, helped jail a paedophile ringleader. Despite Mexico being the second-most dangerous place in the world for journalists after Iraq and threats on her life, Cacho has vowed “not to be silenced.”
Ethiopian reporter and former publisher Serkalem Fasil was one of 14 journalists arrested and charged with treason for publishing articles critical of the government’s conduct in the May 2005 parliamentary elections. Fasil, two months pregnant at the time, was severely beaten by police. Despite widespread fear, she is committed to speaking out, even if she pays with her life.
Freelance journalist Peta Thornycroft, in the face of a media crackdown in Zimbabwe, renounced her British citizenship and became a Zimbabwean citizen so she could continue reporting from the country. She said Zimbabwe’s President, Robert Mugabe, has turned an agriculturally rich country with high literacy into a nation where people are foraging for food and children can hardly read.
Certainly these women have challenged stereotypes in their field. In South Africa, television and radio play a major role in providing news and information for a population that is mostly female and have a huge impact with regard to creating and dispelling stereotypes. As the Gender Advocacy Programme’s, GAP’S, Women & Media Project Co-ordinator Rashid Galant said,
Media is there to both challenge and reinforce stereotypes and attitudes that are internalised by both men and women.
For me, a lot of the problem lies in the tendency people have to generalise, which is always dangerous. And this has been done not only about women, but by women. There will always be things women have in common and there will be vast differences, just as women and men can share common traits and remain very different.
Noticeably, efforts have been made with regard to how the media depict women and the past 20 years have seen an increase in the presence and influence of women in media in the forefront and behind the scenes. The ACDP salutes women in media who have made and are making their mark.
Degrading stereotypes, however, are still rife and most disturbing is the freedom with which adult pornography continues to pollute South Africa, taking a heavy toll. Escalating violence against both women and children is often linked to the results of legalised adult pornography and the media is responsible for their share in this.
Law enforcers have testified that simply enforcing laws against pornography has led directly to the prevention of rapes, and South African law enforcers have acknowledged that liberal laws protecting adult pornography have increased the risks for women and children. The ACDP calls for amendments to the Films and Publications Act in order to address the scourge of adult pornography. I thank you.
Ms P TSHWETE: Madam Speaker, Deputy Ministers and hon members, I would also like to thank Ma Storey for giving me this opportunity to participate in this very important debate. Let me start by saying that in 1989, the participants at the Inter-Parliamentary Symposium on the participation of women in the political and parliamentary decision-making process affirmed that politics was everyone’s business and affects everyone’s lives.
In April 1991, the Inter-Parliamentary Conference called on governments to study the possibility of adding a protocol to the convention, covering the question of violence against women. One of the challenges is the image of women in the media. The Inter-Parliamentary Union, IPU, is concerned about the perpetuation of sexual stereotypes and encourages the media to avoid contributing to this phenomenon.
This concern has been expressed in numerous resolutions in recent years and in plans of action to correct present imbalances in the participation of men and women in political life. I just want to remind hon members that, immediately after the Beijing conference, the women Members of this Parliament and provincial legislatures debated the question of the impact of the media on the status of women. In 1989 and 1997, the IPU also twice organised a round table discussion on the image of women politicians in the media, involving politicians and the media representatives. The plan of action points out that the media can help to instil amongst the public the idea that women’s participation in political life is an essential part of democracy. The media can also avoid giving negative or minimising images of women and their determination and capacity to participate in politics. Publications and other media channels can instead stress the importance of women’s roles in economic and social lives and in the development process in general.
The plan of action states that stereotyped presentation of the image of women by the media should be prohibited by law. It encourages the media to publicise the contribution that women made to the development of human civilisation in history. It is necessary to bring about a radical change in attitude so that the image of women is not relayed negatively by the media, and is not restricted only to their identity as women, but that they are portrayed as real actors in political life.
Monitoring the participation of women in the media and the manner in which they are represented can become a useful tool for reinforcing solidarity of knowledge about journalism. The organisation and the hundreds of volunteers from each country who have participated in these projects have created networks and, at the same time, mechanisms for analysing and criticising the content of the media which, in this case, is educating for gender equality.
These examples have served as a model for similar experiences in other countries. The Women’s Media Watch or WMW began its work in Cape Town in
- The network of this body includes media monitoring, advocacy, activism training, workshops on gender and communications, as well as the production of bulletins, documentation, radio programmes that promote gender equality and equal opportunities for men and women.
The African Women’s Media Centre or AWMC that forms part of the International Women’s Media Foundation has worked in favour of African women journalists since 1997. Since its inception, more than 900 women have participated in AWMC programmes and workshops. A study conducted in 1990 on the status of roles of women who work in media in seven countries revealed that men constitute 85 to 90% of workers in the technical positions of the media, whereas women hold the majority of administrative posts.
None of the countries analysed has come close to having equality in the access and participation of women in the media. Namibia has the highest number at 35%, with Malawi being the lowest at 16%. In South Africa, women occupy less than 30% of top management posts and constitute one out of three senior managers in newsrooms. Women are patronised and their opinions do not appear to be taken as seriously as those of men. When they give their opinions about an issue, these are sometimes taken as jokes.
Governments in Southern Africa have committed themselves to achieving gender parity in all areas of decision-making by 2015. None of the media houses in the Southern Africa study done could point out specific targets for ensuring gender equality in the media industry.
As the Chief Whip has already indicated percentages in Parliament, legislatures and in the local government, I am not going to repeat that. Judged by these measures, the media has lagged behind, activists hold.
Siqinisekisa njani ukuba oomama abaphaya emaphandleni nabo bayakwazi ukungena nzulu engxoxweni, ingapheleli apha kuthi ePalamente kuphela? Kufuneka siqinisekise ukuba oomama nabo bathabatha inxaxheba kwiingxoxo ezingezinto ezimasikizi ezivezwa kumabonakude okanye ezithethwa kunomathotholo.
Umzekelo ubusele uxeliwe ngobekekileyo uTlake, lo umasikizi kakhulu woomama abangakwaziyo ukuthatha inxaxheba kwiingxoxo kunomathotholo kuba kungasetyenziswa zilwimi zabo. Oomama kufuneka banikwe ithuba lokuthabatha inxaxheba kwiingxoxo ngokuthi banikwe ithuba lokuba basebenzise iilwimi zabo kwiingxoxo ezithi zibanjwe kunomathotholo.
Enye yazo yile yentengiso yomama ovula ibhotile ngeliso. Yona ayithandeki, ngoba ayinamfundiso ebantwaneni bethu, kuba loo nto ingenzakalisa abantwana. Siyazi ukuba abantwana bethu lonke ixesha basoloko befuna ukulinganisa into abayibona kumabonakude.
Ngoko ke siyacela ukuba xa sihleli singoomama ekuhlaleni, emibuthweni nakwiinqila zethu zoovoto, sive izimvo zoomama ngezinto ezibonakala zimasikizi kumajelo eendaba, ngoba ngesiXhosa, zibhentsisa oomama.
Eyokugqibela yile yomama otshayelayo kwintengiso ephethe imophu, ejayiva ejongise ngakwicala … [Kwahlekwa.] … mandiyiyeke leyo, ngoba kuthiwa mandiyiyeke.
Enye yezinto ezimbi kukuba oomama bahluphekile, ngoko benza nayiphi na intengiso abayifumanayo, kwaye bayaxelelwa ukuba mabenze into ethile. Abakwazi kwala kuba kaloku bafuna imali, into leyo ebonakalisa ukuba ininzi into ekusafuneka siyenzile singoomama ukususa indlala, ngoba yile ibangela ukuba oomama bavume ukwenza ezaa zinto zimasikizi kumabonakude. Kaloku balambile. Ndiyabulela kakhulu ke, Sihlalo. [Kwaqhwatywa.] (Translation of isiXhosa paragraphs follows.)
[How can we ensure that women in the villages also do participate fully in discussions, so that it does not end only with us here in Parliament? We must make sure that women do take part in discussions on sensitive issues which are being broadcast on the television or discussed in radio programmes.
An example has already been given by hon Tlake, namely, that of the unacceptable situation in which women are excluded from participating in radio discussions, because their languages are not used in these discussions. Women must be given a chance to participate in the debates by allowing them to use their languages in some debates which are broadcast over the radio.
Another of these sensitive issues is the commercial in which a woman opens a bottle with her eye. This advertisement is not acceptable, because it is not a good thing to teach our children, as it can expose them to danger, because, as we know, children like to imitate what they see on the television.
Therefore we would like to make an appeal that, each and every time we get together as women in our communities, in our organisations and in our constituency meetings, we must see to it that the voices of women are heard when they are not happy about things that look sensitive in news broadcasts, because as they say in isiXhosa, they expose women.
The last commercial is one in which a woman is busy mopping, dancing, facing the other side, wriggling her … [Laughter.] … Let me leave that one, because they say I must not mention it. The worst thing here is that women are poor and therefore they accept whatever commercial they are assigned to do, and they are being told what to do. They cannot say no, because they need the money. That shows us that we should do more as women to alleviate poverty, because it is because of it that women are doing these funny commercials on television. They are starving. I thank you very much, Chairperson. [Applause.]]
Mr I S MFUNDISI: Chairperson and hon members, Article 19 of the Universal Declaration of Human Rights states:
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
The role of women is beginning to make an impact in the media. Through the media, women get opportunities to organise and propagate their concerns and demands. Through information technology, women have since accessed possibilities to create platforms in order to diffuse ideas. They use the Internet and websites to strengthen their voice.
Very many women hold positions of responsibility in the media world. The Ferial Haffajees, Mercedes Besents, Charlotte Mampanes and Angela Quintals of this world and many others surely make the Creator sit back with a sense of fulfilment that His decision to operate on Adam’s side was not in vain.
The Beijing Declaration and Platform for Action, which is concerned with the improvement of women’s roles, notices progress in women’s changing roles in participation and involvement in the making of material used in the media. The declaration calls for the promotion of equal sharing of family responsibilities. Newspaper-reading should not be the preserve of the husband or the father in the home.
The time has come that a lack of sensitivity, the promotion of consumerism and the increase in violent and pornographic images of women in the media should not be countenanced. The portrayal of women in relatively low- ranking positions in the media, such as women appearing nude in magazines and films, should also be condemned in the strongest possible way.
The IPU has come out very vocally in condemning the perpetuation of sexual stereotypes as these are obstacles to the partnership between men and women which it advocates as a path to democracy. Finally, the UCDP accepts the view of the plan of action as put across by the IPU, which states that any stereotyped presentation of the image of women by any media should be prohibited by law. I thank you.
Ms S RAJBALLY: Chairperson, may I first raise the concern that this debate concerns women but that the hon Mfundisi is the only male who has taken part in this debate, and I want to thank him. [Applause.]
The media has a strong influence on the portrayal of incidents in society and can manipulate and train those through its presentation. For decades women have been used by the media and the private sector to market sales, and the media has strongly influenced the ideal that women are domesticated housemates, that they are efficient and domesticated and that they have the children. Although the media has transformed in that it is introducing the executive supermom, it also sadly portrays how a woman needs to act and look to be accepted in society.
The media has a lot of influence on the development of anorexia and bulimia in young girls. We need to motivate freedom of expression, but also realise that the media has a pivotal role to play in the ideals of the national Constitution as the South African way.
We need to mobilise and assist the media to positively impact on our youth by expressing how hateful racism and sexism are. E.tv’s late-night adult movies not only cheapen our broadcasting but they are also easily accessible by children who may develop a false understanding of women being sexual toys of pleasure.
We believe that equality of the sexes may be influenced in the media and, further, conveyed to the public. We believe that the media has an influential role to play in turning around the injustices against women and even in stopping them. Women in the media need to be the voice and model of all women. We hereby make and accept all shapes and sizes of women with the potential and ability to excel at all levels. We give the opportunity.
It is also through media that women may be motivated to expand their fields of expertise and assist in the progress and development of South Africa. Thank you.
The HOUSE CHAIRPERSON (Mr M B Skosana): Thank you, hon member Rajbally. I am a man and I am participating; I’m presiding here.
Ms C NKUNA: Hon Chairperson and hon members, I thank you. After a reasonable period of exclusion from the IPU, I would like to first acknowledge and appreciate the fact that, 14 years into our democracy, South Africa is in a position to host the IPU with the major objective of bringing about a better life for all across the globe.
My area of focus is women and the media, and the fact that the media makes a significant contribution to the advancement of women, the role played by women across South Africa and the continent of Africa in terms of being positively portrayed. Previous portrayals showed that specific tasks that were attached to women were domestic or domestic related, but the present portrayals in the media are of a transformed or a semitransformed situation in which women are shown to be doing the same jobs as their male counterparts.
Let me give you an example. There is an advert about the BMW1 series. In this advert you see a young lady driving the BMW, and at the same time, you see a young man driving the BMW. So, to me, that is transformation to a certain extent.
Women have made significant achievements in the media. For example, we have the National Association of Broadcasters whose aims are to ensure that gender-sensitive language is implemented and to cover issues affecting women such as rape, domestic violence, etc, issues that were previously sidelined or ignored, unless the issues were sensationalised.
We have the Advertising Standards Authority of South Africa, which has taken measures to advertise, in line with the Constitution, the eradication of racism and sexism. We also have the donor funders. They have increased the participation of women in the media industry in addressing gender stereotyping.
We have the community media; and we have the print media which increases access to and is also influenced by women. Government is also providing dedicated training for community radio stations in terms of which women play an active role in selecting the content for the stations. Licences for broadcasting were awarded to a few women-owned companies as a move to increase the participation of women in the media, though we still need more of this type of women-owned companies being given licences.
A series of websites has been created on the Internet, allowing on-line discussions and the use of the new information technology. At the same time, we are aware that most of the print media is independently owned and characterised by self-regulation.
We have the Films and Publications Act of 1996, which allows adults to access a wide range of material, the access to which would previously have been forbidden. Children are also protected, for instance in the case in which a parental guide is needed, as is the dignity of their parents, especially that of mothers. The Act prohibits the showing, distribution and advertising of material judged to be pornographic, sexually explicit or degrading.
However, there are challenges such as the promotion of women in high levels of decision-making positions in all sectors of the media. We need these women. There are very few at the moment.
There is a need to increase access for all women, especially rural women, to computers and the new information technology which has to be accompanied by training and education, enabling us to organise, network and mobilise in a more technologically oriented manner.
Gender stereotyping has to be rooted out. In cases in which we are not satisfied about the portrayal of women in the media, we have the press ombuds office, and this office has to be consulted. In most cases it is called the ombudsman. I think it has to be changed and called the ombudsperson office.
The media professionally exposed to gender … [Time expired.] Thank you, hon Chairperson. [Applause.]
Debate concluded.
SPECIAL “BROWSE” MOLE CONSOLIDATED REPORT
(Consideration of Special Report of Joint Standing Committee on
Intelligence)
Dr S C CWELE: Chairperson, the special report of the Joint Standing Committee on Intelligence emanates from the consideration of the outcome of the investigation conducted by the government’s investigative task team into the leak of a “top secret” document produced in 2006 by the Directorate of Special Operations, the DSO.
In 2007, the Special “Browse” Mole Consolidated Report was leaked to the public and, as a consequence, it was sent to the Secretary-General of Cosatu.
This document is extremely inflammatory and contains political intelligence, with numerous allegations and unsubstantiated statements that the former Deputy President, Jacob Zuma, assisted by prominent figures in South Africa and on the African continent, was involved in a political conspiracy to subvert and overthrow our constitutional order.
On 30 May last year, the President issued a directive to Directors-General of the National Security Council to investigate the sources and the compilers of the “Browse” Mole Report, including their intentions and their relevant networks.
The findings of the task team were, inter alia: One, that the “Browse” Mole Report was reflective of the information peddlers’ trade; two, that the DSO has fallen prey to devious activities of information peddlers; three, that the context for this is that the DSO is involved in intelligence collection activities for which they have neither the required competency nor experience; four, that the DSO believed in the substance of the information gathered, and lastly, that the DSO made use of private intelligence companies.
The JSCI reviewed the work of the task team and held not less than 15 meetings with relevant stakeholders, including the Head of DSO, relevant Ministers, the Director-General of Justice and Constitutional Development and members of the task team.
With all the information at the disposal of the JSCI, the committee came, inter alia, to the following findings: One, that the “Browse” Mole Report is the product of the DSO; two, the leadership of the DSO, particularly the head, authorised the investigation and the production of this intelligence document, which was outside section 28 of the National Prosecuting Authority Act, and accordingly, the production of the “Browse” Mole Report was illegal; three, that the purpose of the instruction to compile the “Browse” Mole Report was primarily directed at a known target, which was the then Deputy President of the ANC, Jacob Zuma; four, that the DSO was clearly reluctant to co-operate with the task team; five, that the DSO officers did not have the security clearances as required by the law, and six, that the DSO continued to conduct intelligence operations and collect intelligence, contrary to the recommendations of the Khampepe Commission and the law. These illegal activities are prohibited in terms of our Constitution, and we say they must stop. Seven, the DSO made use of information, informants, information peddlers and private intelligence companies in collecting information that was used in compiling this report, and eight, the DSO did not take any remedial or corrective actions after the leak of their “Browse” Mole Report, despite it being classified as a top-secret document.
The JSCI made the following recommendations:
Firstly, the executive authority should take appropriate action against the head of the DSO and all the officials who were involved in the production of the “Browse” Mole Report. The President has written back to the committee and said that he has referred this to the relevant Minister or executive authority, which is the Minister of Justice.
Secondly, the government must direct the DSO to stop their intelligence- gathering operations with immediate effect. The committee feels very strongly about this because we believe that if it continues, we may be exposed to more harm.
Thirdly, the National Intelligence Agency must expedite their vetting of the DSO officials, particularly those who are exposed to sensitive information, such as the senior special investigators of the DSO.
Fourthly, the government must expedite the regulation of private intelligence gathering activities and put measures in place that will reduce the risk of being exposed to information peddlers. We are happy to report that the Minister of Intelligence is busy tabling the legislation in that respect. Fifth, the government must conduct a comprehensive review of the Directorate of Special Operations and serious and urgent attention must be given to the manner in which the DSO currently operates.
The JSCI has come to the conclusion that the activities of the DSO, in relation to the production of this “Browse” Mole Report, were very dangerous and against our national interests. The content of the “Browse” Mole Report is inflammatory and divisive, and has the potential to throw our new democracy into chaos.
The DSO was involved in several illegal activities, including intelligence gathering without a legal mandate; lack of appropriate security clearance of their officials; noncompliance with the Minimum Information Security Standards, Miss, and unauthorised interaction with private intelligence companies and foreign intelligence services. Such illegal and dangerous activities should be rooted out of our state institutions.
An unfortunate and regrettable incident occurred on 12 March this year, in the form of a press statement issued by the office of the National Director of Public Prosecutions. This statement gave the impression that the JSCI did not follow the correct processes and procedures in the production of its report, hence coming to incorrect conclusions.
The committee viewed this matter seriously and asked the National Director of Public Prosecutions, Adv Mpshe, and the Minister of Justice, to explain their statement. At a meeting this morning the National Director of Public Prosecutions apologised to the committee and stated that the reference to these processes and procedures was not directed at the committee, but at the government’s investigative task team. He promised to take the necessary corrective measures. The committee accepted the apology with the proviso that they correct the wrong their statement created in the same forum in which they issued it.
The committee would like to reiterate its position that there are many good officials within the DSO who conduct their work diligently in terms of our law, but we cannot condone the untoward and illegal activities of senior officials of the DSO.
We would also like to stress that the committee conducted its work independent of any political interference or influence. We would like to thank all those who co-operated in regard to the work of the committee. The members of the JSCI stand united behind this report. We therefore move that the House adopts the report. Thank you very much. [Applause.]
There was no debate.
The CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move:
That the Report be adopted.
Thank you.
Motion agreed to.
Special Report of Joint Standing Committee on Intelligence – Special “Browse” Mole Consolidated Report accordingly adopted.
The House adjourned at 18:30. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
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Assent by President in respect of Bills
1) Children’s Amendment Bill [B 19F – 2006] – Act No 41 of 2007 (assented to and signed by President on 13 March 2008).
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Draft Bills submitted in terms of Joint Rule 159 (1) Taxation Laws Second Amendment Bill, 2008, submitted by the Minister of Finance. Referred to the Portfolio Committee on Finance and the Select Committee on Finance.
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Introduction of Bills
(1) The Minister of Finance
(a) Taxation Laws Amendment Bill [B 14 – 2008] (National
Assembly – sec 77)
Introduction in the National Assembly (proposed sec 77) and
referral to the Portfolio Committee on Finance of the National
Assembly, as well as referral to the Joint Tagging Mechanism
(JTM) for classification in terms of Joint Rule 160, on 19
March 2008.
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.
(b) Taxation Laws Second Amendment Bill [B 13 – 2008]
(National Assembly – sec 75) [Explanatory summary of Bill and
prior notice of its introduction published in Government
Gazette No 30870 of 14 March 2008].
Introduction in the National Assembly (proposed sec 75) and
referral to the Portfolio Committee on Finance of the National
Assembly, as well as referral to the Joint Tagging Mechanism
(JTM) for classification in terms of Joint Rule 160, on 19
March 2008.
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 border control at the South African Police Service – January 2008 [RP 10- 2008].
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The Minister of Finance
(a) Government Notice No 214 published in Government Gazette No 30794 dated 22 February 2008: Determination of interest rate for purposes of paragraph (a) of the definition of “official rate of interest” in paragraph 1 of the Seventh Schedule in terms of the Income Tax Act, 1962 (Act No 58 of 1962).
(b) Government Notice No 216 published in Government Gazette No 30796 dated 22 February 2008: Fixing of rate per kilometre in respect of motor vehicles in terms of the Income Tax Act, 1962 (Act No 58 of 1962).
(c) Government Notice No R.242 published in Government Gazette No 30818 dated 27 February 2008: Amendment of Schedule No 1 (No 1/2/149) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964). (d) Government Notice No R.243 published in Government Gazette No 30818 dated 27 February 2008: Amendment of Schedule No 1 (No 1/5/143) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(e) Government Notice No R.244 published in Government Gazette No 30818 dated 27 February 2008: Amendment of Schedule No 1 (No 1/5/144) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(f) Government Notice No R.245 published in Government Gazette No 30818 dated 27 February 2008: Amendment of Schedule No 6 (No 6/12) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(g) General Notice No 305 published in Government Gazette No 30805 dated 29 February 2008: Notice on proposed variation of Policyholder Protection Rules (Short-term Insurance) in terms of the Short-term Insurance Act, 1998 (Act No 53 of 1998).
(h) Report of the South African Reserve Bank of the annual general meeting of shareholders for 2007.
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The Minister of Trade and Industry
(a) Medium Term Strategic Framework of the Department of Trade and Industry for 2008 to 2011.
b) Government Notice No R.819 published in Government Gazette No 30254 dated 7 September 2007: Proposed amendment of the Compulsory Specification for Vehicles of Category 03 and 04, in terms of the Standards Act, 1993 (Act No 29 of 1993).