TUESDAY, 3 JUNE 2008 __

          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
                                ____

The Council met at 15:11.

The Chairperson 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 M A MZIZI: Chairperson, I hereby give notice that on the next sitting day of the House, I shall move, on behalf of the IFP:

That this House –

1) notes that the horrific xenophobic violence which has engulfed parts
   of our country has left many of our foreign brothers and sisters
   homeless and in a very vulnerable state;


2) further notes that angry residents near the makeshift tent camp in
   Corlett Gardens Extension, in Johannesburg, were angry that they were
   not consulted when it was decided to erect tents on an open piece of
   land belonging to the Gauteng education department, and proceeded to
   verbally abuse the displaced persons;

3) acknowledges that the relevant authorities should have been more
   considerate and consulted with the residents before erecting the
   tents but the reaction of the residents was uncalled for; and

4) pleads with the residents to be patient, considerate and to show
   kindness to the displaced people.

VARIOUS SECTORS OF SOCIETY COMMENDED FOR HELPING VICTIMS OF XENOPHOBIC ATTACKS

                         (Draft Resolution)

Ms J M MASILO: Chairperson, on behalf of the ANC, I move without notice:

That the Council -

 1) notes the heartening support and overwhelming positive response by
    many South Africans, including students, churches, non-governmental
    organisations, the private sector, media houses, artists and
    musicians, national and provincial governments, municipalities and
    even local communities, to victims of the thuggery and hooliganism
    that recently confronted many people of foreign nationalities in
    certain parts of our country;


 2) takes this opportunity to congratulate these institutions,
    organisations and individuals for showing the real spirit of ubuntu
    and African unity by providing humanitarian support, including
    shelter, physical support to assist those who were relocated and
    food to those who were placed in temporary places in order to help
    them and their families rebuild their lives; and


 3) calls strongly on African leaders and states to collectively seek
    immediate solutions to address the political, economic and social
    crisis confronting many countries on our continent.

Motion agreed to in accordance with section 65 of the Constitution.

              MURDER COMMITTED BY BANGLADESHI NATIONALS

                         (Draft Resolution)

Ms K A KGAREBE: Chairperson, I move without notice:

That the Council -

  1) notes the sad story of Nosipho Olebile, aged 28, who was killed six
     months ago by two Bangladeshi nationals in Rooival village in the
     Bophirima region, Taung, in North West and was buried in the floor
     of the Ikageng Café in the village;


  2) further notes that her grave was dug up and sealed in cement; and


  3) requests the Government to reconsider, revise and firmly enforce
     laws on foreigners.

Motion agreed to in accordance with section 65 of the Constitution.

                         APPROPRIATION BILL

                           (Policy debate)

Vote No 16 – Social Development:

The MINISTER OF SOCIAL DEVELOPMENT: Hon Chairperson, hon delegates, hon Deputy Minister of Social Development, members of provincial executive councils, distinguished guests, ladies and gentlemen, on Sunday, 1 June 2008, we marked International Children’s Day under the theme “Listen to children”. We have listened with our heads bowed in shame, as children of foreign nationals screamed for help on account of what was happening – what we call xenophobic attacks.

Speaking to us during the Take a Girl-Child to Work campaign, the girls of Solomon Mahlangu Freedom College in Mamelodi pleaded with the director- general and me to go beyond listening, by acting decisively to root out this social anomaly. Over the past two weeks, I have moved from settlement to settlement in order to better appreciate the situation. I have noted the positive actions of people from all walks of life who have given their time and resources to lend a helping hand to our brothers and sisters from across the continent and elsewhere.

Ndithi kuni bantu baseMzantsi Afrika: Ningadinwa nangomso! [To you, people of South Africa, thank you very much.]

Long after the aid has dried up and the tents have been folded up, the emotional scars of this unfortunate turn of events will remain with these children and their caregivers. Consequently, over the next few days we will work with social workers from various provinces and organisations to ensure that we begin to provide psychosocial support to these children. This, we believe, will reverse the tide and build for us a more caring society, but will not necessarily heal the wound.

This, we believe, fits squarely within the mandate of the department. Together with the provinces, we remain determined to create islands of hope amidst the sea of poverty that surrounds us. Our efforts have been challenged by rising food and energy prices. To address this and the root causes of poverty and inequality, we remain determined, more than ever before, to ensure that our response to poverty empowers people to access economic opportunities, while creating a comprehensive social security network to protect the most vulnerable in our society. This is reflected in both the Apex Priorities of government as well as in the Vote No 16 “Provincial Allocations”.

Central to the objectives of the Apex Priorities is the war against poverty, which is anchored in quality education and health as an objective measure of building a caring society.

Given that poverty has both spatial and gender dimensions, we have allocated just under 60% of our resources to the largely rural and impoverished provinces of KwaZulu-Natal, the Eastern Cape, Limpopo, Mpumalanga and North West. We are also actively engaged in reversing the description of poverty as a rural woman with a child on her back.

For us the passing of the Children’s Amendment Act holds the promise of reversing this picture and is the dawn of a new era in the care and protection of children. To advance this prospect, we are relying on national, provincial and local government, as well as all relevant stakeholders, to implement the Act in a co-ordinated manner so as to maximise the limited resources available. It was with this in mind that last week during Child Protection Week we hosted a conference, “Getting South Africa ready to implement the Children’s Act”. We have allocated more than R22 million to this end.

Over the past 10 years we have been progressively widening the safety net for children through the care dependency, child support and foster care grants. The child support grant has been fundamental to these efforts and currently 8,6 million children are in receipt of this grant. A total of R19,3 billion has been allocated to the CSG, which has been increased to R210 per month and will further be increased to R220 from October.

The remaining challenge is the linking of social grant recipients to economic opportunities and other public services and goods. Consequently we are currently examining proposals to link certain child-related grants to health and education outcomes, as displayed in the internationally acclaimed programmes such as the Bolsa Familia in Brazil.

Integral to overcoming the effects of child poverty is early childhood development. Consequently we have renewed our registration drive of ECD places and centres. Already we have registered close on 2 000 ECD sites during the past year. Going forward, we intend to register another 1 000 new sites by March 2009. This will bring the total to more than 12 000 registered ECD sites throughout the country.

In order to ensure quality education and reach the objective of ensuring that every child in South Africa receives at least one nutritional meal a day, we will subsidise 600 000 children at a minimum of R9 per child per day during this financial year. Our ultimate aim is to ensure that our work permeates the lives of the poor by also lending a human face to the work of our government.

Such a human face requires of us to respond speedily and effectively to the needs and requirements of our people. It is with this in mind that as from the 1 June 2008 we have accepted all social grant applications from potentially eligible applicants even if they are not in possession of all the necessary documents. The South African Social Security Agency, or Sassa, will accept sworn affidavits deposed to before a commissioner of oaths testifying to, amongst other details, the names, age and parentage of the child or any other applicant.

Since this will go a long way in giving government a more human countenance, I take this opportunity to ask members of this House to assist in their constituencies with the issuance of such affidavits because all of you are commissioners of oaths. As can be witnessed through our programmes, accelerated and integrated service delivery remains a cornerstone of our war against poverty as in income support. Consequently, we will, amongst other measures, accelerate delivery towards the alleviation of poverty amongst older persons. In this regard, the old age grant has increased by 27% since 2004.

We are also working towards a progressive realisation of age equalisation with regard to the qualification for the old age grant, which we will implement as follows; 63 and 64-year-old men in 2008 once the law is amended; 61 and 62- year-old men in 2009; 60-year-old men in 2010. I urge all those eligible applicants to wait patiently until the Social Assistance Amendment Bill is passed during the course of this year.

In the meantime, we will ensure that Sassa reaches the poorest of the poor through the Integrated Community Registration Outreach Programme which involves the participation of the Department of Social Development, Sassa together with Home Affairs, Health, Education and the South African Police Service. Our aim is to enhance the quality of life of all persons, including older persons.

It is therefore heartening to note the success of initiatives such as the Golden Games in the Western Cape. These initiatives will be enhanced by the establishment of older persons forums in all provinces so as to provide a voice for the elderly.

Hon delegates, family violence and child abuse continues to eat away at the fabric which has bound our communities together. Together with other departments in the Justice, Crime Prevention and Security, JCPS, cluster we have enhanced measures to tackle family violence and child abuse. Our work has also received the support of the European Union which has supported our service improvement initiatives in the King Sabata Dalindyebo, Nelson Mandela Bay, Buffalo City and the Lukhanji localities. These efforts will be complemented by the establishment of some children’s homes and places of safety. This will, amongst other things, ensure that children in conflict with the law are separated from hardened criminals.

In order to deter young people from a life of crime and engage them in community development we will launch the Masupatsela Youth Pioneer Programme. These Masupatsela youth will form part of our broad National Youth Service Programmes. So far we have also trained 198 young people as voluntary assistant probation officers. I am pleased to announce that the department has permanently employed 140 of these young people.

Our own studies have linked maternal mortality with childbirth and have also indicated that currently there are just over 1,5 million maternal orphans in our country. Consequently, by this financial year we will improve the number of community-based cluster homes in provinces. This will ensure that the likelihood of having to remove orphaned children from their homes is minimised.

This requires added support to these households through the various home and community-based care programmes. These programmes are beginning to provide psychosocial support to these children. One such organisation is the Ububele Community Programme in Alexandra, which has innovatively partnered with the University of the Witwatersrand to train caregivers in the provision of this vital service. In honouring the work of Ububele, the department will scale up the model together with the University of the Witwatersrand, the Global Fund and the German Development Bank through KFW. All these actions, and those that are directed towards the upkeep of children, are to be co-ordinated by functional community-based childcare forums.

Unfortunately the pace of establishing these forums has been somewhat slow, mainly because childcare skills at that level are scarce. We have therefore, through the generous support of the United Nations Children’s Fund or Unicef, partnered with the University of the Witwatersrand in order to train childcare forum facilitators. These facilitators will be at the frontline of ensuring that children’s needs are ultimately addressed at a community level. The meeting of these needs requires that we have at our disposal all the necessary information in order to make the right services and policy choices. In order to meet these objectives we have allocated R11 million towards the development of a management information system for social services. This will complement our long-term plans for welfare infrastructure in provinces which includes the upgrading of social development offices in all the provinces and districts. In order to address the needs of vulnerable households we will have to attract, retain, and reorientate social services professionals. Consequently, the implementation of the recruitment and retention strategy for social workers remains important in realising our long-term objective of building a caring society.

In the coming weeks we will finalise our negotiation processes with labour so as to implement the proposed Occupation Specific Dispensation Bill for social services professionals in the public sector. The finalisation of these negotiations will enable us also to pay greater attention to conditions of service for social services professionals outside the public service. In the meantime we have already trained more than 1 126 social auxiliary workers and supported 1 428 social work students in the last academic year.

Through the bursary schemes, we will reach an additional 1 917 social work students with a view of guaranteeing employment to 5 000 of them by 2010. These initiatives have also offered us an opportunity to complement the international work we have conducted in the context of the United Nations Educational, Scientific and Cultural Organisation, Unesco, and the Management of Social Transformations, Most, Programme.

This initiative seeks to build solid bridges between communities, academics and policy-makers in the social sector and the realisation of the objectives requires at most, amongst other things, the strengthening of the South-South collaboration. This has motivated us to establish the Social Development Working Group of the India-Brazil-South Africa, Ibsa, trilateral.

These collaborations will also strengthen and guide the proposed National Anti-Poverty Strategy. The strategy will also address the multidimensional aspects of poverty through government and society wide actions. Given this multidimensional nature of poverty, we must also implement multidimensional partnerships. Such partnerships require the involvement of all sectors of society. This was our principal motivator in setting up the National Development Agency, NDA. Through supporting projects directed at meeting the developmental needs of poor communities, the NDA has developed expertise in social facilitation and community development. Through strengthening the institutional capacity of civil society organisations which provide services to these communities, the NDA is beginning to ensure sustainable forms of community mobilisation and asset management. Despite these excellent examples of groundbreaking work, the NDA continues to receive resources that are disproportionate to its mandate. I therefore take this opportunity to recognise the efforts of the board and staff at the NDA, and also wish to invite the donor and corporate sector to offer its support to the NDA.

In conclusion, let me recall the words of former President Nelson Mandela, who in reaction to the so-called xenophobia attacks said:

Remember the horror from which we come; never forget the greatness of a nation that could overcome its divisions … Let us never descend into destructive divisiveness …

Budget Vote 16 reaffirms our commitment to ensuring a united democratic South Africa and an Africa with a more human face which is emancipated from the brutality of poverty and inequality. I urge all members gathered here to lend their support to Vote 16. I thank you.

Ms J M MASILO: Chairperson, hon Minister, Deputy Minister of Social Development, the MECs present, hon members, special delegates from the provinces, senior management, ladies and gentlemen, the aim of the Department of Social Development is to ensure the provision of comprehensive, integrated, sustainable and quality social development services targeted at vulnerability and poverty, and to create an enabling environment for sustainable development in partnership with those committed to building a caring society.

The budget of the Department of Social Development is directed at addressing poverty, unemployment, inequality and related social challenges facing the country.

In addition to the aforementioned strategic priorities, the 2008 state of the nation address called for a national war room for the war against poverty. The war against poverty should involve the following departments: Social Development, Provincial and Local Government, Trade and Industry, Agriculture and Land Affairs, Public Works and Health - and we also should not forget to add Home Affairs to assist with documentation and the antipoverty strategy.

Part of implementing the war against poverty includes fighting poverty through reforms in the comprehensive social security system, identifying households and individuals in dire need and putting in place interventions aimed at alleviating poverty. It also calls for the development of a comprehensive antipoverty strategy that seeks to address the needs of vulnerable groups, namely children, women, the youth, people with disabilities or chronic illnesses and the elderly.

The SA Social Security Agency has expanded significantly in respect of social assistance, growing from a coverage rate of 2,5 million in 1994 to cover 12,7 million in 2008. This amounts to about 3,4% of the GDP which covers at least 28% of the South African population.

The select committee welcomes the large transfer to the departmental entities, which includes R4,5 billion for the SA Social Security Agency; R136 million for the National Development Agency; R105 million for social workers’ bursaries for 2008-09; R41 million to the loveLife awareness campaign; and also, in addition, transfers to social assistance programmes. We also welcome the R8 billion increase by Treasury to the total budget of R76 billion for the 2008-09 financial year.

The budget allocation for social assistance transfers increases due to the policy shift on old age pensions as part of the retirement reforms. The grant eligibility age for male beneficiaries will be adjusted from 65 to 60 years over the Medium-Term Expenditure Framework period as per the Polokwane resolution and this year’s state of the nation address. This is a long-standing resolution of the ANC on gender parity - viva, gender equality, viva! Applications will wait until the Act comes into operation.

Mainly black males were excluded by the apartheid regime from obtaining a retirement pension and protection against poverty. The legislation acknowledges the strategic role that older persons play in society. The committee is seriously concerned about the slow pace of the implementation of the Older Persons Act which was passed in 2006, as the department says they are busy with regulations. The significance of the Act is that it will give the older persons, future and present, an opportunity to grow older and live with dignity until their last days.

With regard to the progress report on then shortage with regard to social workers’ skills, the select committee welcomes the introduction and rapid expansion of the Social Work Scholarship programme in 2007-08, which recruited more personnel for policy development and legislation and provided leadership to provinces on welfare service delivery. The department in conjunction with the provincial departments initiated a Social Work Student Scholarship for which National Treasury has allocated R105 million for the 2008-09 financial year, and R210 million for the 2009- 10 financial year towards the National Student Financial Aid Scheme. In 2007, 1 428 students were awarded bursaries which amounted to R40 000 per student per annum. Well done, hon Minister, for initiating this programme to address the shortage of social workers in our country.

Concerning early childhood development, the select committee is concerned about the lack of adequate infrastructure, sanitation and relevant educators in the Foundation Phase sector, Grade 0 to Grade 4, after this was taken over from the Department of Education. But the department has improved on national parity to provinces by equalising the grant, as the Minister has already said, by giving R9,00 per child per day. This is a great achievement.

In addition to fighting child poverty, the child support grant will be extended to children up to the age of 15 years. It should be gradually extended up to the age of 18 years.

In conclusion, the select committee acknowledges the challenges it was faced with during 2007-08 to date. We did not have the opportunity to do oversight on the department’s provincial visits due to many pieces of legislation before us. Legislation is the priority of the committee and as a result our interaction with the department was compromised.

Ke rata go leboga maloko a komiti, segolo maloko a ANC study group ka maele le tshegetso e ba e nayang modulasetulo wa komiti ka dinako tsotlhe tsa tsamaiso ya komiti. Ke leboga Tona ya Lefapha, Motlatsa-Tona ya Lefapha le badiredipuso. Ke a leboga. Ke tshegetsa Tlhopho ya Tekanyetsokabo ya 16. [Legofi.] (Translation of Setswana paragraph follows.)

[I would like to thank the members of the committee, especially the members of the ANC study group, for the advice and support they give to the chairperson of the committee at all times. I thank the Minister of the department, the deputy Minister of the department as well as government employees. I thank you. I support Budget Vote 16. [Applause.]]

Ms H LAMOELA: Hon Chair, hon Minister, hon Deputy Minister, members and officials from the department, in the past social welfare has been the joint responsibility of government and civil society, with government providing financial support to organisations through subsidisation. To date, our democratic government is still faced with the challenges of providing the best possible service to the poorest and most vulnerable sectors of society.

The Department of Social Development’s main responsibility is the development of policies, legislation and systems to ensure the provision of social services to meet the socioeconomic needs of the poorest, the marginalised and the most vulnerable. This it has to do within the constraints of available resources, thus creating an enabling environment for sustainable development.

Limited resources, no set timeframes to implement strategies and a lack of partnership with civil society still hamper service delivery to a vast majority of beneficiaries, leaving some people to live in conditions of poverty and social exclusion, with our children suffering the most.

The Department of Social Development spends about 93% of its budget on South Africans, such as the disabled, the elderly and children in need. In the current financial year this will amount to more than R70 billion, to be spent on approximately 25% of the population. However, there will always be South Africans and also foreigners coming into our country, who will need state support to survive. Like all human beings who believe in humanity towards others, the DA supports this concept.

Voorsitter, stygende brandstof- en voedselpryse plaas dan ook ’n geweldige las op ’n groot persentasie van reeds versukkelde Suid-Afrikaners. Die impak van stygende pryse op hul begrotings is oorweldigend en die verligting van armoede is geensins in sig nie. Die oorlog teen armoede duur dus voort. Daar moet aanhoudend samewerking met alle rolspelers beplan en voorsorg getref word om volhoubare verligting te bewerkstellig. ’n Groot persentasie van ons bevolking is reeds deur MIV/Vigs geraak en genoegsame voeding is van kardinale belang om herstel te verseker en armoede te help verlig. (Translation of Afrikaans paragraph follows.)

[Chairperson, rising fuel and food prices are putting a severe burden on a large percentage of South Africans who are already living in poverty. The impact of rising prices on their budgets is overwhelming and poverty alleviation is nowhere in sight. Therefore, the war against poverty continues. Co-operation with all role-players should take place constantly and precautions should be taken to bring about sustainable alleviation. A large percentage of our population has already been affected by HIV/Aids and sufficient nutrition is of cardinal importance to ensure recovery and to aid poverty alleviation.]

The disabled in our country continue to be severely marginalised. Not only do state doctors decide who can obtain a grant, but these applicants have to be reassessed every six months. Many of these applicants, especially those in the rural areas, still have to wait in long queues and in some cases need to return the next day to complete the necessary documentation.

Epilepsy sufferers are hardly recognised for any form of disability and it is simply impossible for an ordinary GP to ascertain their disability. Rural applicants are even harder hit by this process.

The Care Dependency Grant can only be accessed by disabled children under the age of eighteen years when the combined income of the parents does not exceed R48 000 per annum.

According to the Children’s Act, a child is a child up to eighteen years of age, yet a large percentage of disabled children, even after an appeal, still cannot gain access to this state grant because the combined income of their parents exceeds R48 000 per annum.

Disabled children under eighteen - and may I state that some suffer from severe disabilities with very special day-to-day needs - should not be discriminated against because their parents’ combined income exceeds the guidelines set, but should be regarded as high-care individuals in need of government’s care and support. Section 28(1)(c) of our Constitution confirms this argument by stating that:

(1) Every child has the right –

    (c) to basic nutrition, shelter, basic health care services and
         social services ...

View also section 28(2) of our Constitution.

Though contributions such as annuities, pensions, UIF and medical funds paid can be deducted, hospitalization and medicine, etc, bought over the counter cannot be deducted. I have often witnessed the needs of these children exceed the combined income by far. I therefore urge our hon Minister to please look at the revision of the means test for the Care Dependency Grant, seeing that the needs of these children exceed the combined income platform most of the time.

In my begrotingstoespraak van 2005, en selfs verlede jaar, het ek van geslagsgelykheid in Suid-Afrika melding gemaak. Ek het ook genoem dat mans en vrouens dieselfde behandel moet word, omdat daar geensins ’n verskil in beide geslagte se behoeftes is nie.

Vandag is ek uiters dankbaar dat die regstelling uiteindelik in wetgewing opgeneem gaan word en dat mans vanaf 63-jarige ouderdom spoedig vir ouderdomspensioen sal kan aansoek doen, en ook 62-jarige mans en 60-jarige mans sal onderskeidelik vanaf 2009 en 2010 kan aansoek doen. Hierdie moedige stap word veral in die plattelandse gebiede met groot dank verwelkom en die impak op reeds erg versukkelde mans in hierdie gebiede gaan groot verligting bring. Baie dankie aan ons agb Minister wat stellig ’n leidende rol gespeel het. (Translation of Afrikaans paragraphs follows.)

[In my budget speech of 2005, and even last year, I made mention of gender equality in South Africa. I also stated that men and women should be treated equally, as there is absolutely no difference in the needs of both sexes.

Today, I am extremely thankful that this adjustment will eventually be included in legislation and that men will soon be able to apply for the old age pension from the age of 63, and 62-year-old and 60-year-old men will be able to apply as from 2009 and 2010 respectively. This courageous step is warmly welcomed in the rural areas in particular and the impact on those men in these areas, who are already living in abject poverty, will bring much-needed relief. Thank you very much to our hon Minister who certainly had played a leading role.]

Regarding the old age pension, many married women cannot gain access to it owing to the fact that their husbands receive a state pension totalling just R40 or R50 more than the required R43 704 per annum. In some instances some married women receive R100 per month, as the husband’s pension exceeds the threshold set.

I believe that much more is spent on administration costs, and I simply cannot see this as a justifiable situation.

Vrouens, deur die jare heen, trek steeds aan die kortste ent en in baie gevalle het hulle geen inkomste nie. Hulle is dus geheel en al afhanklik van hul mans se inkomste. Is dit nie nou die tyd om vroue waarlik te bemagtig deur toelating tot hul ouderdomspensioen, afgesien van hul mans se inkomste, in geheel te hersien nie, al word dit oor ’n paar jaar gedoen? Mans het steeds die hef in die hand en word gesien as die sterker en dominante persoon in die huwelik of familie.

Monitering en implementering van wetgewing, en ek verwys graag na die Kinderwet wat verlede jaar voltooi is, verg steeds baie aandag en die tekort aan maatskaplike werkers bly ’n groot uitdaging vir die departement. Alhoewel R105 miljoen aan beurse vir voornemende studente beskikbaar gestel is, sal die oplossing steeds nie onmiddellik teweeggebring word nie. [Tyd verstreke.] (Translation of Afrikaans paragraphs follows.)

[Through the ages, women still get the short end of the stick and in many instances they have no income at all. They are thus completely dependent on the income of their husbands. Has the time not come for women to become truly empowered by reviewing their access to old age pensions in its entirety, regardless of their husbands’ income, even if it takes a number of years? Men still have the upper hand and are seen as the stronger and dominant party in the marriage or family.

Monitoring and implementation of legislation, and here I am referring to the Children’s Act that was finalised last year, still needs much attention. The shortage of social workers still remains a great challenge for the department. Although R105 million has been made available for bursaries to prospective students, the solution will not be immediately forthcoming. [Time expired.]]

Nkk N F MAZIBUKO: Sihlalo, ngibingelela iNdlu kanye noNgqongqoshe abasivakashele namhlanje nabasebenzi bakahulumeni. Ilungu eliqeda ukusuka lapha elisuka kuleli qenjana elisafufusa alivumi ukuthi kuningi osekwenziwe uhulumeni we-ANC. Umbuso we-ANC kuphela onakekela izakhamuzi zaseNingizimu Afrika. I-ANC kuphela futhi eyenza i-Freedom Charter ngonyaka ka-1955 iveza imigomo yokuthi thina siwuKhongolose sizobaphatha kanjani abantu umangabe senza imithetho futhi siphucula nezimpilo zabo.

Ngaphansi kukahulumeni wencindezelo ugogo wami, Ngqongqoshe, wayehola imali eyi-R120 emuva kwezinyanga ezimbili. Umkhulu wami waze washona engumantshingelana e-Union Carriage, e-Nigel ezama ukuthi abe nemali, kepha ngaphansi kukahulumeni we-ANC ogogo nomkhulu bethu cishe sebezohola inkulungwane yamarandi ngoba kuyaziwa ukuthi yibona abanakekela imindeni. Ngaphansi kukahulumeni wamabhunu izingane zazingenawo amalungelo futhi kungacatshangwa nokuthi kufanele zidle zithole nobisi, kepha kunele kwaphatha uhulumeni we-ANC izingane sezithola isondlo lesi esibizwa phecelezi nge-child support grant.

Ngaphansi kukahulumeni wencindezelo yayingekho imithetho eyayenzelwe ukuthi izingane ziphile kangcono, kepha selokhu kwabusa i-ANC sesenze imithetho efana noMthetho Wezingane ukuze izingane ziphile impilo engcono. Ngisho nayo imthetho yamazwe omhlaba ebhekele amalungelo ezingane ebizwa phecelezi nge-Convention on the Rights of the Child, uhulumeni oholwa i-ANC owabamba iqhaza ekusayindeni lezo zivumelwano.

UNgqongqoshe usechaze kabanzi ngemithetho esiphasisiwe ebhekelele omkhulu nogogo bethu ofana nalona esiwubiza nge-Older Persons Act, lapho kugcizelelwa khona ukuphathwa kahle kwabantu asebekhulile – bangabhekwa njengabathakathi njengoba kwakwenziwa ekuqaleni. Lokhu kwenziwa ngaphansi kukahulumeni ophethwe i-ANC. I-ANC kuphela eyaziyo ukuthi abantu abampofu bayanakekelwa futhi ibakhuthaza ukuthi bavuke bazenzele ngoba ngeke bayithole behlezi ekhoneni. Konke lokhu kwenzeka ngoba uKhongolose kuphela onakekela abantu.

Uma ngiphetha-ke, kungensuku zatshwala sizobe sesiphasisa umthetho owenza ukuthi abesilisa nabesifazane nabo bathole imali elinganayo umangabe befika eminyakeni engama-60. Lokhu kwaba esinye sezinqumo ezathathwa ePolokwane lapho savumelana khona ukuthi nabesilisa bayayidinga imali ukuze nabo basize ekondleni izingane. Yebo, khona abanye babo sebekhulile ngakho ngeke besakwazi ukubheja. Ngethemba ukuthi bazosizana nogogo bethu ukuze izingane zikwazi ukudla. Lokhu kwenziwa ukuthi uhulumeni we-ANC uyanakekela futhi uthanda bonke abantu. Umsebenzi omuhle wenziwa kuphela uhulumeni ophethwe i-ANC. Ngiyabonga. [Ihlombe.] (Translation of isiZulu speech follows.)

[Ms N F MAZIBUKO: Chairperson, I greet the House, Ministers present here as well as government officials. The speaker who spoke before me, who is a member from a small budding political party, does not agree that the ANC- led government has done a lot. It is only the ANC-led government that caters for the South African citizens. It is also the ANC only which wrote the Freedom Charter in 1955 which sets out the principles of how we as the ANC were going to govern when we are drafting legislation and making the people’s lives better.

Hon Minister, under the apartheid government my grandmother received R120 after two months. My grandfather worked as a security guard at Union Carriage, in Nigel, and he died whilst he was working there because he was trying to supplement his meagre pension. But now under the ANC government our grandparents are getting almost a thousand rand because we know that they are the ones who look after their families. Under the apartheid government children did not have rights and it was not even in its mind that children eat and that they need to get milk, but soon after the ANC government took over, the children started receiving the child support grant.

Under the apartheid government there were no laws which were made to better the lives of children, but since the ANC took over, we have passed laws such as the Children’s Act so as to make the lives of children better. It was also the ANC government which adopted the Convention on the Rights of the Child.

The Minister has elaborated in detail about the laws that have been passed such as the Older Persons Act which is about treating the older persons in a dignified manner without them being labelled as witches as was the case in the past. This is done under the ANC-led government. It is only the ANC which knows that destitute people are to be taken care of and also encourages them to do things for themselves because they will not get paid for doing nothing. All this is happening because it is only the ANC that cares for the people.

In conclusion, in no distant future, we shall be passing an Act which allows both males and females to get the same amount of money when they reach 60 years of age. This was one of the resolutions adopted at the ANC conference in Polokwane where we resolved that even males do need money in order to support their children. It is indeed true that some of them are old therefore they are no longer able to bet. I just hope that they will work hand in hand with our grandmothers to see to it that children get food. This is because the ANC government cares and loves everybody. The ANC government does its job well. I thank you. [Applause.]]

The DEPUTY MINISTER OF SOCIAL DEVELOPMENT: Chairperson, hon Minister of Social Development, hon members of the NCOP, members of the Provincial Executive Council, distinguished guests, members of the community present here today, ladies and gentlemen, let me acknowledge the presence of 20 learners from 10 local schools in our midst today. Their presence here is a reminder of the heroic actions and sacrifices of the youth of 1976 who propelled our country into freedom.

While traditionally we use this month to pay tribute to the youth of 1976, we are also reminded of the challenges that confront young people today, such as unemployment, HIV/Aids and limited access to economic opportunities. We still have too many youth who struggle to get access to educational opportunities to improve their lives. I need not remind you that posterity will judge us harshly if we fail to break down the socioeconomic barriers that prevent young people from reaping the benefits of the democratic South Africa.

In 2004 I stood in this House and delivered my first speech as Deputy Minister of Social Development. In the four years that I have been involved in this portfolio, I have seen the remarkable contribution that we have collectively made in advancing the social development agenda. Today I present my last Budget Vote speech in my capacity as the Deputy Minister of Social Development for the current term of government.

I trust that in the future we shall see a vast improvement in the conditions of work of social services professionals, so that we shall be able to recruit and retain them. I further trust that, through our social developmental services, we shall be able to lift our people out of extreme poverty and enable them to live economically sustainable lives, free from crime, violence and social degradation.

Over the past years we have been hard at work and mindful of our constitutional obligation and the social contract we made with our people through the Freedom Charter. It is, therefore, fitting that Budget Vote 16 not only serves as a yardstick to measure our performance, but also to consolidate the successes and lay the building blocks for the future. As we take the last stretch for the current term of office, the major achievement of the department is the provision of social security grants to over 12 million vulnerable people.

Social security has been and remains an effective government strategy of poverty reduction. It represents the first foothold on the development ladder out of poverty for many people. With the establishment of the SA Social Security Agency, Sassa, the space has been created to attend to raising the quality of services and we are hard at work doing just this.

The provision of developmental services is informed by the Integrated Service Delivery Model, which is premised on the sustainable development approach. The model further recognises the capacity of individuals, families and communities to interact creatively with the environment to utilise available resources in order to address their socioeconomic needs.

The acute shortage of social services professionals remains our biggest challenge to meet the increasing demand for developmental social services. Hence the implementation of plans for the recruitment and retention of social workers, part of which is to improve the quality of social work services and the working conditions. To this effect, the draft report on the assessment of physical infrastructure is available and will be used to develop a detailed infrastructure plan.

We will finalise the norms and standards for social welfare services and the draft supervision framework for social work services. In addition, we will implement the occupation specific dispensation as part of the Public Service Co-ordinating Bargaining Council resolution. In the previous financial year I indicated that provinces will train and employ auxilliary social workers as part of skills development and empowerment programmes to enhance the capacity of social workers. I am happy to announce that provinces have recorded significant progress in this regard.  In Limpopo, 50 are currently undergoing training. In the Northern Cape, 98 have been trained and are currently employed by both the government and NGO sectors. In the Eastern Cape, 300 are currently appointed. In KwaZulu-Natal, 258 have just completed their training and will be placed in the current financial year.

We will continue to work closely with the SA Council for Social Service Professions to finalise the regulations for the recognition and registration of child and youth care workers to bolster human capital for social services. The backbone of our interventions in mitigating the impact of the HIV/Aids epidemic is the home- and community-based care programme. To ensure the provision of quality services, we have finalised the training of provincial officials on norms and standards for home and community-based care. The provinces will roll out the training in their respective provinces.

In partnership with the Department of Health and the Japan International Co- operation Agency, we are implementing a monitoring and evaluation system for home and community-based care. The first phase of the system is currently being implemented in KwaZulu-Natal and the North West province, which will be followed by the second phase and the roll out to other provinces. Last year alone, 1 579 organizations and 617 drop-in centres were funded by the provincial departments. The numbers will be increased this year to ensure continued provision of essential services.

As part of the capacity-building programme, 135 organisations and 17 084 community caregivers were trained. A total of 41 757 caregivers are receiving stipends as community caregivers. In our endeavour to build Aids- competent communities, we aim to train 500 groundbreakers through the loveLife programme. After completion of the training, the groundbreakers will be deployed as ambassadors in their respective communities to reach out to other young people. We have been allocating funds to loveLife to implement this programme and this year alone the allocation is R41 million.

This year marks the 10th anniversary of the Victim Empowerment Programme; yet the nature of the violence that continues to be perpetrated against women and children in this country is unacceptable. The victims of violent crimes and abuse need appropriate services and support to restore their normal functioning. To this effect, we have commenced with the review of the shelter strategy to align it with the Victims’ Charter. In addition, we will finalise guidelines on services related to human trafficking and domestic violence.

The programme focuses on promoting a victim-centered approach to crime prevention and is based on a partnership between national, provincial and local government departments and civil society. In collaboration with the European Union, we will be hosting a victim empowerment stakeholder’s consultative summit from 18 to 19 June 2008. The purpose is to strengthen the partnership between government and the civil society sector in the provision of services. To date, 26 NGOs have been assessed for possible funding through the Criminal Assets Recovery Account funds.  Of this number, 19 NGOs were funded in the 2007-08 financial year and funds will be transferred to four other NGOs this year.

Substance abuse has reached epidemic proportions in our country. The increase in the abuse of methamphetamine, which is known as “tik” or as “nyaope” in the townships, plus the number of reported cases of fetal alcohol syndrome in the Northern Cape bears further testimony to this phenomenon. Traditionally, the Western Cape is known as the province with the worst record related to drug abuse, but emerging evidence suggests that this is a national problem.

We launched the Ke Moja Champions Campaign in Franschoek with 25 champions to assist in the implementation of the Ke Moja campaign. We also launched the Ke Moja Hip Hop chapter in partnership with the Department of Arts and Culture earlier this year. We hope that in and out of school youth will use hip hop to spread antidrug messages among their peers.

All provinces are directed by the National Drug Master Plan to develop provincial mini-master drug plans to implement prevention, early intervention and treatment in a co-ordinated manner. To facilitate this, the budget of the Central Drug Authority, CDA, which has a responsibility to oversee the implementation of the National Drug Master Plan, has been increased substantially to R13 million, which is a 57,2% increase since 2004.

It is encouraging to note that provinces have launched substance abuse forums and that municipalities are establishing local drug action committees in which officials and members of the community will formulate local plans of action to combat substance abuse in their communities.

I am reliably informed that the Western Cape provincial department has already established 29 local drug action committees.

Partnerships between government, civil society, business and vigilant community members can prevent the substance abuse phenomenon from becoming a national crisis.

About 150 members of the provincial drug forums will be trained in substance abuse interventions in this financial year. I, therefore, encourage provinces to intensify the fight against drug abuse through innovative programmes using sport, arts and culture. I also call on the hon members in this House to participate in the processes to ensure the finalisation of the Prevention of and Treatment for Substance Abuse Bill in this financial year. This Bill is meant to extend our interventions to empower communities to take control as well as strengthen our treatment interventions.

The department is tasked with the implementation of the Probation Services Act, Act 116 of 1991, as amended, and has an obligation to provide early intervention services and prevention programmes to offenders and victims of crime at provincial and national level. [Time expired.] Thank you. [Applause.]

Ms A N T MCHUNU: Chairperson, hon Minister, Deputy Ministers, members and the staff of the departments, the Department of Social Development’s core functions are poverty alleviation, development, care and protection of the vulnerable. The IFP welcomes this year’s social grant increases as well as the move towards the equalisation of the pensionable age. However, we want the child support grant to be extended to all children irrespective of their age so that their constitutional rights to good health, dignity and education are not compromised.

It is a good thing that the hon Minister has agreed to adjust the means test in line with inflation for the child support grant, so that the government can reduce the extent of child poverty in our country. The IFP, therefore, supports the Budget.

We, however, want to point out the following concerns regarding the upgrading of pay points. The purpose of these improvements is to ensure that pensioners receive their grants under humane conditions and that they are not made to queue outside any hall to receive their benefits. All pay points have to meet the national norms and standards in terms of the infrastructure, ablution, seating, water toilets, shelter and security. The service provider must also provide the disabled with wheelchairs, if they need them.

Pensioners who receive their grants through the banks feel that they are being discriminated against. They do not receive their money on time if the payday falls on a weekend or a public holiday. For example, this year they received their pension on 5 May, instead of 30 April because there were holidays. This is an unfair delay, which further exposes them to cash loans and desperation.

Development is gauged by the death rate of children under the age of five years. According to the SA Institute of Race Relations Survey No 4 of April, 2008, in KwaZulu-Natal, for every thousand children under five years of age, 90 died; in the Eastern Cape, 87; the Free State, 87; Gauteng, 56; Limpopo, 54; Mpumalanga, 76; North West, 66; Northern Cape, 50; Western Cape, 38; and the average is 69. It is through these figures that we gauge our challenges in development. Some people might say that KwaZulu-Natal is getting so much, but that is because of both the numbers that we have of people and also the death rate of children under the age of five years.

Coming to the plight of orphans and vulnerable children, OVCs, as we know, the rapid increase of HIV orphans in the country has resulted in the increase in foster care grant applications in recent years, and the government’s policy of not awarding foster care grants to undocumented orphans has come under the spotlight since it alienates many vulnerable children.

We suggest that the government make use of traditional and religious authorities to attest to the identification of vulnerable children in cases where birth certificates and IDs cannot be found.

Faith-based structures and traditional leaders are in the communities and along with the people, they are the ones who give guidance and counselling to those communities who experience pain and suffering. However, children with the required documents also struggle to get foster care grants as it often takes long for those grants to be approved. Why should a child remain on the foster care grant waiting list for three years? That is why the number of children who are assisted by orphanages is not decreasing because they are not receiving foster care grants.

The Department of Social Development is about leading people to social development. We support the Budget Vote. Thank you. [Time expired.]

Mrs A N D QIKANI: Thank you Deputy Chairperson, Minister and Deputy Minister, MECs, members of this House, officials, friends and comrades.

Mandiqale ngokubulelela abantu abadala, abathe bafumana uchatha kwisibonelelo, into leyo etsho, yasusa ikati eziko. Ndithi, maz’ enethole!

I-UDM iyaluxhasa uhlahlolwabiwo-mali lwakho, Sihlalo. Kukho izinto ekufuneka ukuba isebe lifake ingqwalasela kakhulu kuzo. Kusekho amasebe asebenza kabuhlungu ngenxa yokunqongophala kwee-ofisi kuwo. Kwiphondo leMpuma Koloni, eGcuwa, amasebe amathathu asebenzela kwindawo enye, kwindlwana encin ane. Nangona kukho izihlomelo ezenziwe ngenxa-ngaphambili okanye iiprefabs, nazo azaneli kakuhle. Loo nto itsho abantu basezilalini baxakwe ukuba bangene kuwuphi na umnyango, ngoba naba bantu babancedayo ababaniki hoyo kakuhle.

Into yokuba abantu abadala bathathelwe amakhadi abo okurhola ngoomatshonisa isaqhuba. Kunga kungakho enye indlela elungiswa ngayo le nto, ngoba ayintle. Xa esi sibonelelo siphuma, ndicinga ukuba siya kunceda ekhaya. Oonovenkile ngokunjalo bakwalithatha ithuba kuba amaxhegwazana ethatha ukutya ezivenkileni zabo, aye athi xa eye kuhlawula afike ityala lingaphezulu lee kunemali ayirholayo. Kwanga kungakho umthetho othi xa benika umntu omdala ityala mabangagqithi kwisixa esithile, ukwenzela ukuba naye lo mntu abe nemali agoduka nayo xa esiya ekhaya, kuba kaloku le mali ayijongananga naye kuphela, koko ijonge nempilo yakhe. Lilonke i-UDM iyaxhasa. Enkosi. (Translation of isiXhosa paragraphs follows.)

[Let me start off by expressing a few words of gratitude on behalf of the pensioners, who received a little more in their grants, which has gone some way in alleviating hunger. I thank you!

The UDM supports this budget, Chairperson. There are things that the department must take serious note of. There are still departments that work under very difficult conditions, because there are not enough offices. In the Eastern Cape province, at Butterworth, three departments are sharing a small house. Although there are prefabricated extensions, there is still not enough space. This causes confusion when people from the rural areas go there for a service, as they are not sure which door to enter. Moreover, even the people who are supposed to help them do not attend to them properly.

Money lenders continue to keep pensioners’ pay cards. I wish there could be a way of rectifying this situation, because it is not good. I thought the aim of this grant was to assist households. Even shop owners take advantage of pensioners who buy groceries on credit by allowing them to run up a grocery bill that is more than the grant itself. I wish there could be a Bill to set a credit limit for pensioners, so that they will have some money left to take home, as this money still has to be used to take care of other needs, such as health care. All in all, the UDM supports the budget. Thank you.]

Ms M A TSOPO (Free State): Deputy Chairperson of the National Council of Provinces, hon Minister and Deputy minister, members of the House, distinguished members of the social development fraternity, ladies and gentlemen, I stand here before you to pledge my support and that of the collective leadership of the province to Budget Vote 16 as presented by the hon Minister, Dr Zola Skweyiya. I do this firmly believing in the catalytic nature and role of social development in ushering in social transformation.

Comrade Kader Asmal correctly captured the true essence of social development when he declared, and I quote:

If the Constitution is the head, social welfare is the heart. It is where many of the most basic rights which are enshrined in the Constitution are translated into reality.

The Budget Vote speech by the Minister articulates the aspirations of the electorate, demonstrating an appreciation of the concrete social reality faced by vulnerable groups and provides practical measures to deepen the provision of developmental safety nets. In the province we have declared that we stand ready to deliver as per the line of command given by the Minister which reflects the priorities of the sector as part of the broad mandate of government. The department has made serious efforts to address human resource and skills shortages which constituted one of the key challenges in the acceleration of services. Greater emphasis was placed on recruiting social workers and improving their conditions of employment as part of our retention strategy which is currently in force.

The following successes were registered by the Department of Social Development in the Free State in 2007-08. We started outreach programmes in respect of access to grants and government services with all the stakeholders, including national stakeholders, such as the Department of Home Affairs and Justice.

In partnership with local government and housing in the Free State, we will be building houses for older people, child-headed households and people with disabilities.

One hundred and twenty five social workers were appointed, Minister, because we knew that the majority of social workers were leaving the profession because they were not happy with the manner in which things were happening in the Free State in the last financial year.

All social workers doing fieldwork were afforded the tools of the trade such as appropriate cars, cellular phones and laptops. In this financial year 172 social work students were awarded bursaries. Social work students who were unable to complete their three and four-year programmes have been recruited by the department in this financial year and have been deployed as social auxiliary workers. They are also encouraged to complete their full four-year programme and supported by the department in this regard. We do this because many of the students who drop out do not have anybody to take care of them. That is why in the province we are running a recruitment strategy to make sure that all social workers who have fallen out of the system are brought back because, once more, the University of the Free State is the culprit. Once the children fail, they are not prepared to take them on board; that is why we have registered them with the University of South Africa.

Salary increments for social workers in the funded nongovernmental organisations was affected. Matete Matches, which had been a problem in the Free State for a very long time, was upgraded and renovated in partnership with Correctional Services.

Ladies and gentlemen, we have boldly declared an assault on poverty with particular focus on children, adults and older persons. We have developed a comprehensive service package to tackle child poverty and the following deserves to be highlighted. We have increased our subsidies for Early Childhood Development, ECD, from R5,20 to R9 this financial year.

We have also increased our subsidies in this financial year to day care facilities who provide for children with disabilities. We have also taken a position to expand services for ECD centres which had registered but were not supported by government.

In the Free State, starting form the last financial year we are now increasing the number of children from 4 000 who are supposed to be subsidised by government and we are currently standing at 36 558 children of the 82 000 children who have registered in our ECD centres in the province.

We are also increasing the intake of children in facilities and community- based programmes. Foster care backlogs were reduced in the last financial year, due to the partnership we have with Sassa and the Justice department, from 29 000 to 9 053 by March 2008. We are also planning to wipe out the review of foster care grants, including applications, as we have developed a strategy in the province with all relevant stakeholders. The partnership with Sassa to create greater access to social grants is also taking place. An additional 35 000 children will benefit form the progressive implementation of the child support grant in January 2009.

In a joint venture with Correctional Services we will be upgrading children’s facilities in the Free State as well as old age homes so that they are conducive to the needs of the vulnerable groups in our province. Our elderly continue to play a pivotal role in the continuum of care. We are, however, obliged to reciprocate their love, and to acknowledge their care and resilience in sustaining our families in the case of all socio- economic shocks. Through the implementation of the Older Persons Act we have undertaken to do the following: to increase the subsidies of service centres from R37 000 to R72 000; and to fast-track the transformation of old age homes to create greater access to the disadvantaged groups.

The introduction of the equalisation of the old age pension and its progressive implementation will benefit 5 000 men in the age cohort of 63 and 64.

War against poverty is not a vocation, but a moral imperative that requires coherent, persistent and aggressive effort. To this end, the Free State will be launching its provincial poverty eradication strategy under the stewardship of the hon Premier Beatrice Marshoff. Sustainable development and livelihood, including youth development, will be the defining conceptual features of our strategy.

We remain steadfast and committed to a people’s contract. The department has developed partnerships with resource organisations and the business community to accelerate service delivery. The department is beginning to reap the dividends of this partnership and it has received donations in the form of food, blankets, equipment and clothing which have predominantly benefited community-based facilities rendering services to children.

Before I close let me remind you that the subject of social cohesion is at the heart of the agenda for nation-building and social integration. Social cohesion seeks to find the glue that holds us together when everything else is tearing us apart.

The increase in the occurrence of incidences of crime and xenophobic attacks are symptomatic of a weakening in the social and moral fibre of society. We stand behind the call to build cohesive societies with the capacity to respond to all forms of social crimes. In this regard we pronounce our disdain with regard to xenophobic attacks which are a reflection of the residue of a colonial mentality of divide and rule.

Hon Minister, let me once more assure you that in the province we have taken the baton and are running the mile. We understand, as Comrade Mao Tse- tung observed, that so many deeds cry out to be done and always urgently. Let us seize the day and hour in unison with progressive forces to protect and restore the dignity of the vulnerable groups.

Before I support the Budget Vote let me indicate that in the Free State we are standing up to ensure that we deliver services to the vulnerable groups of our province which we must be able to use as a show case that we are a caring government; that is why our motto says: We are building a caring society. And together with civil society and the private sector, because we are calling them on board, we will be able to deliver on the objectives we set for ourselves for 2008-09. I support the budget. [Applause.]

Ms K A KGAREBE: Chairperson and hon members, the Batho Pele principles should be the cornerstone of the Department of Social Development in respect of the lives of our people. Social Development and Social Services are twin sisters. Their principles are so similar that nobody can separate the two.

The UCDP agrees that everyone should be educated, trained and involved in all these social developments. Rural people in the villages should be exposed to training by experts who know practical work thoroughly. Society must learn to create jobs after they have had training and follow-ups should also be made. People must be trained in the type of projects they enjoy being involved with and which they can do best.

The UCDP asks, “Where is Vukuzenzele?” “Tsoga o itirele.” [Wake up and do it yourself.] It is not practised nowadays. Grants are offered specifically to teenagers who have babies and who are supposed to be at school. Social Development’s intention will fail if the government continues with this system. The UCDP believes that receiving a grant encourages laziness among our young people. The UCDP appreciates the efforts made and supports the Bill. Thank you.

Mr J GELDERBLOM (Western Cape): Hon Deputy Chair, Minister Skweyiya, Deputy Minister, MEC, distinguished guests, ladies and gentlemen, I want to start by acknowledging the contributions and sacrifices made by the employees of the department of social development in our province. Without them, the department wouldn’t have been able to achieve what it has.

I also want to acknowledge the stability created by the ANC government. This stability has actually brought this change into our systems and it has enabled us to improve the pace and quality of service delivery.

It is the first time that this department has been under a single political leadership for four consecutive years. It is this stability that has enabled us to transform the department, to the pride of everyone in our province.

According to the Western Cape provincial minister of social development, the department has reached its equity targets; it has a transformation plan that guides both its service delivery and that of its NGO partners; it has also set aside 25% of its transfer budget to develop the capacity of emerging organisations and inculcate in them a new mindset of a nonracial, democratic South Africa; it has received unqualified audit reports for the past three consecutive years; it is the first provincial department of social development to have a fully fledged monitoring and evaluation directorate in place; and it has exceeded the BEE targets in 2006-07, which must now be maintained. Their mandate remains that of ensuring a quality service to the most vulnerable, enhancing delivery capacity, promoting social cohesion and working with people to better the lives of the poor.

The department of social development in the Western Cape delivers on this mandate through their support services, as well as eight key programmes, namely children and families, older persons, substance abuse, disability, youth, sustainable livelihoods, HIV/Aids and institutional capacity- building.

In delivering on our mandate for the 2008-09 financial year, we are encouraged by a total budget allocation of R1,088 billion, which represents a growth of 22% in respect of the previous budget.

Certainly, when history judges us, it will say that an important part of our legacy was that we worked with the people to build a legacy for themselves, their children, their families and their future. This I believe must fill us with a sense of pride.

During this term of office we took a conscious decision to make Early Childhood Development, ECD, one of our top priorities. This is based on our belief that an investment in the development of the education of children from a very young age is one of the best investments one can make for the future. It is our responsibility to protect children and to allow them to grow up as children in a free, safe environment.

We are driven by a passion to provide quality education for children and we will continue to mobilise resources until every child has access to the best possible quality ECD provision, whether they are living on farms, or in informal settlements or townships.

It is therefore with pride that we inform this House that in 2005-06, we funded 568 registered sites, accommodating 46 337 children at a cost of R4,50 per child. In the last financial year, we funded 841 sites, accommodating 70 309 children, at a cost of R7,50 per child. I think that is good news.

We thus reached a total of 75 528 children in the last financial year, and we plan to increase this number by an additional 5 000 in this financial year.

On child protection: Towards the end of last year the department launched the Integrated Provincial Child Protection Plan in Paarl. This plan is a partnership between our department, all other provincial departments, some national departments such as Labour and Justice, as well as NGOs working in the field of child protection. At the heart of this plan is the recognition that people in the community are best placed to recognise child abuse and neglect and to do something about it. Therefore, if we want to win the battle against child abuse, it must be in partnership with the community.

Only if there are strong social networks in communities will children be safe and protected. We therefore place emphasis on public awareness and education, parent training and the establishment of safe houses at ward level.

We hear that 2 billion people in the world are living in poverty, the majority of whom come from Asia and sub-Saharan Africa. Closer to home, our own communities are experiencing a crisis due to high food prices. Through our sustainable programmes we address food security, income security, social relief of distress and skills development to enhance employability.

In the last financial year we were able to provide a meal to more than 47 000 people. Together with the Department of Agriculture we will seek ways to expand these initiatives.

To date, we have also funded various self-help projects throughout the province. This ranges from food gardens, brickmaking, landscaping to nappy- making. The highlight of the brickmaking projects is Khayelitsha Phakamani Brickmaking, which produces SABS-approved bricks and sells them directly to the community. In the past three months the project has generated R153 000 from sales to date. They are proud to have more than R120 000 in their bank account.

In partnership with the Bitou Municipality we have supported a cluster of projects with an average monthly income of R1 200 per beneficiary. We are happy to have improved the quality of lives of people in Elim and Swellendam. In Elim we are funding the Elim clothing project that supplies overalls to Brady’s Construction, among other companies.

The tender for all municipal landscaping work in Swellendam has been awarded to Swellendam Gardening Services, which we have helped to set up. Both these projects benefit people who were previously unemployed.

I also want to thank Minister Skweyiya.

Minister, as ek dit in my moedertaal kan sê, u het ’n gees van passie ingebring in Maatskaplike Dienste. Ek wil vir u namens die Wes-Kaap sê, baie dankie dat u omgee vir die oues van dae, vir die armes, vir die kinders wat dikwels onder baie moeilike omstandighede leer. Mag die Skepper vir u nog baie jare spaar, en seënwense op die pad vorentoe. Dankie. [Applous.] (Translation of Afrikaans paragraph follows.)

[Minister, if I can say this in my vernacular, you brought a spirit of passion into social services. On behalf of the Western Cape, I would like to say to you, thank you very much that you care for the aged, for the poor, and for the children who often have to study under very difficult circumstances. May the Lord keep you for many years to come, and blessings for the road ahead. Thank you. [Applause.]]

Mr M A SULLIMAN: Chairperson, hon Minister, Deputy Minister, comrades, ladies and gentlemen, we are gathered here today to consider Budget Vote 16 of the Department of Social Development.

To really give consideration to this, one has to use the resolutions of the 52nd national conference of the ruling party, the ANC. We need to use that as a yardstick. I am sure that the Minister would agree that to do anything less would not do any justice to what we are gathered here for today. Therefore I will start off by looking at the first and second resolutions, which speak of providing a comprehensive safety net in a targeted and integral approach to eradicate poverty and unemployment, as well as creating a mandatory pension fund scheme.

I am sure that the new pension fund system would go a long way in ensuring that many more people have access to their money when they reach retirement age. This would further free more funds, which are now used for old age pensions, to assist the poor and to create a viable safety net that we want to see. This reminds me of what the old regime did before 1994. They used pensions as a tool to tell our people to just sit in their little “pandokkies” [huts], and not to get economically involved in the activities of South Africa. This is the kind of discrimination that they have implemented in this country.

We, as the ANC, in conjunction with our Minister, are saying no, we can’t carry on like this. We need to do something. Once we have implemented this pension scheme system, it will be a relief to government’s budget if you can sustain yourself at the end of the day when you reach a pensionable age.

The majority party also resolves to prioritise the welfare of children and to develop services that seek to deal with child poverty. The new integrated community registration drive of the department should give us a very good idea of how many child-headed households there are, how many children are caught in the vicious trap of poverty, and thus provide us with accurate figures to work with. Minister, I am sure that your department would then be in a position to react properly to eradicate the scourge of poverty among our children in our country.

The Department of Social Development is responsible for the component of early childhood development that caters for children between the ages of 0 to 4. In 2007 quite a number of registered ECD sites were registered and the numbers keep on increasing, which is a positive thing. There are, however, variations per province that point to the inequitable access to ECDs that must be addressed, as per the Polokwane resolutions and the Apex Priorities, as identified. Maybe, Minister, you should be looking at a singular set of guidelines to which all provinces should conform, so that our children are developed in the same way in all our provinces.

We also hope that the Minister will return very soon to report to this august House on the role of the department in terms of the national war room against poverty, as announced during the state of the nation address earlier this year. I am sure that all of us expect the department to play a central and leading role in this war room as at the end of the day this particular department, under your Ministry, hon Minister, is the closest to our people.

Despite government having adopted a developmental approach to social welfare services, based on the principles of equity, sustainability, accessibility and people-centeredness, the last 13 years have been characterised mainly by the provision of social assistance. The massive expansion of the social assistance budget led to the crowding out of many social welfare services and thus an inability to reduce inequity.

The restructuring of the social development sector, which was partly triggered by shifting the social security function to the national sphere, resulted in positive developments. This sector has grown and is expected to grow over the MTEF period. This provides a basis from which improved service delivery to the most vulnerable can be ensured.

Given the growing budgets, the sector has to reposition itself to deliver a comprehensive package of social services. Budgets and expenditure shows that provinces have adequate resources to fund social services and are in a good position to scale up preventative programmes, early interventions and protection services.

I also need to commend the hon Minister on the just concluded agreement with, among other things, the Association of Schools of Social Work in Africa and the African Federation of Social Workers, with regard to how the department could assist victims of the recent cowardly attacks on foreign nationals in South Africa. Minister, please know that we are behind you 200%. [Interjections.] One must say that what has recently happened in South Africa is something that we cannot allow and I think it is our responsibility as public representatives to go out to our communities and explain to them that these foreign nationals are our own African brothers and sisters, mothers, aunts and uncles. It is our responsibility to do that, and if we fail to do that we will be failing Africa at the end of the day. [Interjections.]

I know for a fact that we, as members of the ANC, are going to embark on that particular programme, but I must be very honest with you, I doubt whether the DA will do it. [Interjections.] I have my doubts about that, because “what is bad for South Africa is good for the DA”! [Interjections.] That is their motto. [Interjections.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Order!

Mr M A SULLIMAN: So I challenge you to go to the people and speak to them. [Interjections.] They are also human beings. We want them to stay here, because for all we know, your grandchild and my grandchild might go and work in Zimbabwe one of these days. [Interjections.] Yes! Don’t say no. How would you feel if that happened to your child one day?

This once again brings me to the question of pensions, and I think we need to remind ourselves, we must remind ourselves …

… wat het voor 1994 gebeur? Hulle het vir die blankes die beste pensioene gegee. Die sogenaamde kleurlinge en Indiërs het so ‘n bietjie minder verdien. [Tussenwerpsels.] [… what happened before 1994? They gave the whites the best pensions. The so-called coloureds and Indians earned a bit less.][Interjections.]]

The poor African people used to get their money every second or third month! [Interjections.] This is what your forefathers did to our people. That is what you people did. [Laughter.] It was only the ANC that fought for freedom.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Order, order!

Mr M A SULLIMAN: Dit is net die ANC wat met trots kan sê … [It is only the ANC that can proudly say …]

… that we are a nonracial, nonsexist organisation. You can’t say that. [Interjections.] You can’t!

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Order! Just a minute please, hon Sulliman. Can I have order in this House, please.

Mr M A SULLIMAN: Hon Minister, you will be surprised. We were involved in the by-election some two weeks ago and all the parties were out in the field canvassing. And we were saying that the Minister of the ANC who is responsible for social development is now busy equalising the old age pension. [Time expired.] Minister, we support your Budget Vote. Thank you.

The MINISTER OF SOCIAL DEVELOPMENT: Madam Chair, it was just beginning to become exciting!

I think it has been an honour and a privilege for me to be here today because no contradiction has been raised as part and parcel of our debate, which will most probably assist us to perform much better than we have. So I will not necessarily answer each and every question; and we’ve heard the points that you were raising. The regulations, especially with regard to the Older Persons Bill, have been finalised and the department is gearing up to delivery within the next two months.

On the question of the infrastructure for the ECD, we completely agree with you. Quite obviously some of it leaves much to be desired and I think we want to do as much as possible to ensure that it does happen. We have laid out R600 million to initiate an infrastructure plan and process which will inform the infrastructure requirements.

On the question of the pay points, this will also be upgraded and the South African Social Security Agency is engaging with various municipalities, faith-based organisations and traditional councils to make available their facilities for payment of social grants. I think we can rent their premises, especially churches, and pay for the services that they offer us. The delay in pension pay outs was because of the holidays and nothing could be done about that. You know South Africans, they love their holidays. You can’t force them to do anything at all.

With regard to children without birth certificates, if you had listened properly, most probably from 1 June, that is this month, anybody who does not have the proper identity documents to get a grant can go to the department for that. Individually and collectively as Members of Parliament of both the National Assembly and this House, you are commissioners of oaths and can easily sign to certify that that person is entitled to that grant. We will give that child, older person or orphan whatever they need.

With regard to child support grants I understand you are talking in reference to the means test. We are working towards removing the means test or in fact lowering it, I hope within the next three to four months. We would then be able to ensure that the 2 million people who are not getting the grant, because they happen to be just R50 or R60 or even R100 above the means test, will be able to get it. We calculated that the number of people in that category will be about 2 million or a little bit more than that.

Do you understand what is meant by “means test”? We are changing it so that people who are not getting the grant at the moment simply because they get about R50 more and sometimes merely R3 or R10 above the means test, are not simply cut off. So, we are beginning to work on that. At the moment it will enable 2 million people to get the grant that they are entitled to, but later on, after negotiations with Trevor, we might be able to remove it all

• in the future, not now.

There are many things that we are working on which we have basically been able to do simply because of the support that we received from the communities, particularly from Members of Parliament and all concerned South Africans. And for that we really thank you all. We have worked very well together and I think we have been able to reach out to as many people as possible.

I think one of the things which has not happened since I came to this Parliament 15 years ago is that we have not been out there to see what is happening, not in the cities but definitely in the rural areas of South Africa first of all. Only when we do this will we be able to understand what we are talking about when we say there is poverty in this country.

I remember when I first said this, many comrades thought that I was very critical of the way in which we were working as government. But the reality is that if you go out there as a Member of Parliament – don’t sit around Durban, Cape Town, the Rand or Gauteng, get into the bundus; go to the former Bantustans - then you will see the face of poverty in our own country, amongst our own people, the people who sent us here and who hope that we will be able to improve their lives. I think that is where it ought to be.

Don’t only go when the Chairperson is calling you there, because you just go and sit in that hall and after that you get into your car and fly back and say you have seen the local people. Go there with your people; go and talk to your church; go and listen to what the people are saying and then ask them how they live under those conditions. Then you will be able to work with us all to ensure that every child gets his or her grant.

It is not an easy task but I think in the process we have been able to ensure that at least 12,8 million South Africans get a little bit of support from government. I know that that money is not enough. You can’t bring up a child on R200 a month. It’s just not possible, but at least it does assist in one way or the other. We should therefore be thankful for the efforts that have been made by this ANC government.

I want to take this opportunity to thank you all for the support you have given my department and I in the past ten years in respect of social development. It is my tenth year in Social Development and it is a very long time. It is a very long time and it is a very stressful job! It makes you old and causes sleepless nights sometimes. It’s not a nice job like running around the world being a diplomat and all those other things. [Laughter.]

It actually makes you think: What did we come here for, who are we, where do we come from and where do we want to go to? I know many people don’t want to be associated with poverty. We forgot how we came here, who sent us here, and what we are doing here for our people in general. So, it has been very stressful and I think the time has come for somebody to take over, especially these young people around here. [Interjections.] I hope you are not coming with me, because I don’t think I will be coming here next year. But I want to say that you have helped; your comments and criticisms have made us in the department a bit more aware of our duties individually and collectively as public servants and representatives of our people.

There are many things that our people still want. It has been proved beyond any reasonable doubt that you can’t get by on the grants alone. The majority of South Africans are very proud people. In fact, when some of them take this social grant, most of them maintain, “I would not take it, hon Minister, but there is nothing at home. I would appreciate it if I could get a job so that I can take care of my own children and not only depend on somebody from somewhere whom I don’t know, who pays this tax.’’

So, the best thing that we can do is to ensure that we encourage our people to educate themselves, and that they get more skills to make themselves employable. It’s not easy; it’s difficult. It becomes worse for instance in the provinces. You can ask the MECs there, they will tell you. Not all provinces are like the Western Cape or Gauteng. Definitely not! So we’ve got to work together to ensure that the services that we give to our people ensures their dignity. We shouldn’t turn them into beggars; we should encourage them to demand their rights. Sometimes it’s not nice to be criticised, but when you find that it is true and it is the only thing that person has and is dependent on, then you agree and accept the criticism. I take this opportunity to thank you all for the assistance you have given us here. I hope that when we come to your provinces next time we will be able to see you. We will be going to Limpopo in July and all these MECs will also be coming to Limpopo. Last month we were in North West, while others were in Mpumalanga and KwaZulu-Natal. We are going to Limpopo, then afterwards to the Free State to try and see what we can do together as MECs and top officials of the department.

It’s not been a nice time; hard work has been the basics and that has been done. But I would not have done that first of all had it not been for the support I received particularly from the MECs themselves from all the provinces. They have made a very wonderful team; they have been able to say things and do things that I would not have been able to do alone. They have really been true servants of the people and in this new phase they’ve been soldiers of uMkhonto we-Sizwe, sacrificing everything that they could for the benefit of our people. And more importantly, I thank the staff of my department, both nationally and provincially, the director-general, his deputies and especially the chief financial officer who has been looking after our money in order to ensure that everybody gets what he or she is entitled to; and, of course, the hon Deputy Minister.

You have been a wonderful team and as I leave to become an ordinary South African for the first time, not a Member of Parliament, just … Ndibe ngumntu nje … [… an ordinary citizen …]

… I would be very pleased to know that I can rest. I don’t have to wake up in the middle of the night and say, “Oh my God, there are children in North West whom I saw today and I don’t know what’s going to happen to them”. Leave that to somebody else; a young man or woman who will be able to run around - not in cars and all these other things - and do the work that he or she is supposed to do.

Ndithi kuni, nonke nangamso; ningadinwa. Anga uNkulunkulu anganani. [I thank you all for what you have done for me; may you do it to others as well. May the Almighty Lord be with you all.]

God bless you all. Thank you. [Applause.]

Debate concluded.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): That concludes the debate. I would like to take this opportunity to thank the hon Dr Skweyiya and the Deputy Minister, Dr Jean Swanson-Jacobs for their comprehensive and informative contribution to the debate. In the same breath I would like to welcome the hon Deputy Minister of Home Affairs, hon Gigaba, to this plenary and thank you for honouring us with your presence. Thank you.

                FILMS AND PUBLICATIONS AMENDMENT BILL
            (Consideration of Bill and of Report thereon)

Mr M A SULLIMAN: Chairperson, they say I must carry on where I stopped in the previous debate but I don’t think it will be right. The Films and Publications Amendment Bill that is before us today, is a piece of legislation that has been with us since June last year, which is quite a long time.

I still remember that if I am not mistaken the Deputy Minister was present when we had our first briefing somewhere in September. So we had to sit down and work out a proper plan as to how to approach this piece of legislation. On many occasions we are accused of just trying to push legislation through to Parliament but one can testify here today that we have thoroughly scrutinised this piece of legislation.

We had public hearings on this Bill, we had submissions from various stakeholders and we even had some legal opinion from an advocate who came to assist us on this particular piece of legislation. We conducted workshops and we deliberated on the Bill, and so forth. So we have spent quality time in order to deal with the Films and Publications Amendment Bill.

This piece of legislation is very important because the purpose of this Bill is in actual fact to amend the Films and Publications Act, Act 65 of

1. If one looks at what is really going on in South Africa and throughout the world with regard to pornography and all the kinds of sex- related matters, we had to come up with legislation in order to put some control mechanisms in place. This is what this Bill is basically doing.

There will be a board and a tribunal that will deal with certain complaints and so forth. There were threats at times when people said that this particular piece of legislation is unconstitutional. But I am sure we have a responsibility to our children in this country. We can’t leave things as they are. Things are really getting out of hand.

I am not going to go into detail with this particular piece of legislation, but I must say that the select committee came up with quite a number of proposed amendments to this particular Bill. So we hope and trust that this august House will approve this Bill and it will then go back to the National Assembly. I thank you very much.

Debate concluded.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): I shall now put the question and the question is that the Bill, subject to the proposed amendments, be agreed to. In accordance with Rule 63 I shall first allow political parties the opportunity to make their declaration of vote if they so wish. There are none.

We shall now proceed to the voting on the question. Those in favour will say aye and those against will say “No”. I think the “Ayes” have it. The majority of members have voted in favour and I therefore declare the Bill subject to the proposed amendments agreed to. Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.

The Council adjourned at 17:01. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

                         MONDAY, 2 JUNE 2008

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Introduction of Bills

 (1)    The Minister of Finance
      a) Special Pensions Amendment Bill [B 29 – 2008] (National
         Assembly – proposed sec 75) [Explanatory summary of Bill and
         prior notice of its introduction published in Government
         Gazette No 31046 of 9 May 2008.]


         Introduction 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.


         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.

1. Draft Bills submitted in terms of Joint Rule 159

(1)    Higher Education Amendment Bill, 2008, submitted by the Minister
     of Education. Referred to the Portfolio Committee on Education and
     the Select Committee on Education and Recreation.

(2)    National Qualifications Framework Bill, 2008, submitted by the
     Minister of Education. Referred to the Portfolio Committee on
     Education and the Select Committee on Education and Recreation.

(3)    General and Further Education and Training Quality Assurance
     Amendment Bill, 2008, submitted by the Minister of Education.
     Referred to the Portfolio Committee on Education and the Select
     Committee on Education and Recreation.

TABLINGS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

Report of the Parliamentary Oversight Authority on “Facilities for Members of the National Assembly and Permanent Delegates to the National Council of Provinces” (generally referred to as L19), dated 21 May 2008.

REPORT OF THE PARLIAMENTARY OVERSIGHT AUTHORITY

The Parliamentary Oversight Authority having considered proposed amendments to “Facilities for Members of the National Assembly and Permanent Delegates to the National Council of Provinces” (generally referred to as L19) on 21 May 2008 recommends for adoption by the Houses the following amended policy to replace the existing policy:-

1. AIR JOURNEYS

(1) (a) A member (including her/his spouse or companion) is entitled to undertake the following air journeys in the economy class per financial year (1 April to 31 March of any year) on any sector of the national internal airline services at the expense of Parliament.

          i) Members resident in the Western Cape whose constituency
             offices are in Cape Town – 54 single air journeys.
   ii) All other members – 78 single air journeys.

  (b)   The following members (including their spouse companion) are
       entitled to travel in business class:

        i) Members with 10 or more collective year’s legislative and
           parliamentary service; and
       ii) Members who are 70 years and older.

  (c)   If there are no seats available in the economy class when a
       booking is made a member may upgrade to the business class upon
       payment of the cost of the additional airfare.  The member may
       then claim 80% of the additional payment back from the Secretary
       to Parliament (Secretary).  The airline or travel bureau
       concerned must certify that the economy class was fully booked.
       A maximum of 4 single air journeys of the combined total quota
       per financial year of a member and her/his spouse or companion
       and the other registered persons who are entitled to travel
       facilities, may be used for this purpose.

  (d)   A member may upgrade to the business class the tickets to which
       she/he or her/his spouse/companion, dependant, parent or parent-
       in-law is entitled (even when there are seats available in the
       economy class) upon payment of the cost of the additional
       airfare.

(2) Each dependant (see paragraph 10) of a member is entitled to undertake 12 single economy class air journeys per financial year. A journey undertaken by - (a) a dependant under the age of 2 years will be counted as one fifth of an air journey; and

    b) a dependant over the age of 2 years but under the age of 12 years
       will be counted as half an air journey.

(3) A member may use any number of her/his quota per financial year of air journeys for travelling by her/his registered companion, spouse or dependant.

4) Birth certificates must be submitted with all dependant’s applications.

5) Affidavits must be submitted during each financial year to confirm that a dependant is, or remains, a direct dependant.

6) The parent or parent-in-law of a member who is wholly dependent upon her/him and is regularly maintained by her/him─

  (a)   is entitled to 2 single economy class air journeys per
     financial year if the total monthly income of that parent or
     parent-in-law does not exceed the amount of the current old-age
     pension; or

    b) may use 2 of the member's quota of air journeys per financial
       year if the total monthly income of that parent or parent-in-law
       exceeds the amount of the current old-age pension.


    c) Either of the 2 parents or current parents-in-law may be
       registered for this purpose.  A Member will only be entitled to
       register two persons per financial year.
    d) A parent’s/parent-in-law’s travel facilities will be limited to
       journeys from the member’s or the parent’s/parent-in-law’s home
       base to Cape Town and back.

(7) Travel facilities for dependants, parents/parents-in-law and former members for the purposes referred to in paragraph 9(3), must be applied for at the Finance Section.

(8) Air journeys will only be reinstated for unused or lost air tickets when the Finance Section receives the refund from the travel bureau or airline concerned.

1. JOURNEYS BY TRAIN

1) A member, her/his spouse or companion, dependant, parent or parent-in- law may use a single air journey for a single train journey. Each train journey is offset against the quota per financial year of air journeys. Single air journeys may be used to travel by luxury train if the member pays the difference between the fare by air over the same route and the fare by luxury train.

(2) Members must pay the full cost of the luxury train fare and claim the cost of the equivalent air journey from the Finance Section on production of proof of travel

(3) (a) When a member travels alone, a journey by train may be undertaken in a coupé reserved for the member. The surcharge is payable by the Secretary.

    b) When a member is accompanied by her/his spouse or companion, a
       journey by train may be undertaken in a compartment reserved for
       the couple. The surcharge is payable by the Secretary. 3.    JOURNEYS BY BUS

  A member, her/his spouse or companion, dependant, parent or parent-in-
  law may use a single air journey for a single bus journey. Each bus
  journey is offset against the quota per financial year of air
  journeys.

1. JOURNEYS BY MOTOR VEHICLE

(1) If a member or her/his spouse or companion, dependant, parent or parent-in-law travels by motor vehicle, the member is reimbursed for the full cost of the journey via the shortest route, at the higher of the AA rate or the government rate per km, provided it works out cheaper or the same as a journey between Cape Town and the member’s registered home/constituency base. Each such journey is offset against the quota per financial year of air journeys.

2) A claim for such a journey must be accompanied by acceptable proof of the journey (for example, petrol slips, tollgate slips or proof of other expenditure in connection with the journey).

3) A member who travels a distance of more than 800km between Cape Town and his/her registered home/constituency base is entitled to overnight accommodation on route to a maximum of R950 per night dinner bed and breakfast

1. DAILY COMMUTING

(1) A member who commutes daily between her/his place of residence and Cape Town during the period that there are parliamentary sittings, is reimbursed at the higher of the AA rate or the government rate per km for the distance travelled in excess of 30 kilometres return per day.

(2) A member must register her/his place of residence for this facility.

(3) Claims for daily commuting must be submitted within 3 months of the journey. Claims for the period January to March of any year must be submitted before 10 April of that year.

1. TRAVELLING TO AND FROM AIRPORTS

(1) A member is reimbursed for expenditure incurred with regard to travelling by her/him or her/his spouse or companion, dependant, parent or parent-in-law between her/his home base/constituency base or residence and the nearest airport for an air journey referred to in paragraph 1, and between her/his place of residence in Cape Town and Cape Town International Airport, as follows:

  (a)   If the journey is undertaken by private motor vehicle and the
     motor vehicle is parked at the airport, at the higher of the AA
     rate or the government rate per km for the distance between
     her/his home base/constituency base or place of residence and the
     nearest airport;

  (b)   if the journey is undertaken by private motor vehicle to
     transport the member or her/his spouse or companion, dependant,
     parent or parent-in-law to the airport, or to fetch such person,
     at the higher of the AA rate or the government rate per km for the
     distance between her/his home base/constituency base or place of
     residence to the nearest airport and back to the home
     base/constituency base or place of residence; and
  (c)   the journey is undertaken by public transport or taxi, the
     actual cost of such journey, provided it is reasonable and
     competitive.

(2) A member must submit the relevant boarding pass together with any claim for travelling to and from an airport, as well as acceptable proof of the journey (for example, petrol slips, tollgate slips or proof of other expenditure in connection with the journey), for kilometre claims in excess of 400 km.

(3) Claims for travelling to and from airports must be submitted within 3 months. Claims for the period January to March of any year must be submitted before 10 April of that year.

1. PARKING AT AIRPORT

   A member is reimbursed for airport parking to a maximum of R1500 per month.

2. CONVEYING OF MOTOR VEHICLES

(1) A member may once per financial year transport or drive her/his motor vehicle between her/his home base/constituency base and Cape Town and back at the cost of the Secretary. Such a journey is not offset against her/his quota per financial year of air journeys. If the distance exceeds 800km, the member is entitled to overnight accommodation on route to a maximum of R950 per night dinner bed and breakfast

(2) If the vehicle is transported, the member is reimbursed for the actual cost. The claim must be accompanied by an invoice. (3) If the vehicle is driven, the member is reimbursed at the higher of the AA rate or the government rate per km for the distance via the shortest route. Acceptable proof of the journey (for example, petrol slips, tollgate slips or proof of other expenditure in connection with the journey) must be submitted.

(4) A member may during the Easter and July recess periods and each intermediate recess of longer than 6 weeks transport her/his motor vehicle from Cape Town to her/his home base/constituency base and back, each such railing to be offset against the member’s quota per financial year of air journeys.

(5) The cost of any additional transportation of a motor vehicle will be offset against a member’s quota per financial year of air journeys. If the cost of additional transportation is more than the cost of an air journey over the same distance, the member must pay the extra cost.

1. RELOCATION COSTS

(1) A person who has to relocate to the Cape Town area when elected or appointed to Parliament, and a person who is not re-elected or re- appointed after an election and has to relocate to her/his home base, may transport her/his belongings to Cape Town or to her/his home base, whichever is applicable, by─

    a) using a Spoornet mini-container at the Secretary’s cost; or


    b) making use of a removal company at the Secretary’s cost to a
       maximum of R15 925.

(2) If a removal company is to be used, three quotations must be submitted. Payment is made directly to the service provider. No money will be paid to a member.

(3) A person who is not re-elected or re-appointed after an election, is entitled to one return flight between her/his home base and Cape Town to enable her/him to pack and make arrangements for the removal of her/his belongings to her/his home base.

(4) Payment for relocation costs, including the return flight referred to in subparagraph (3), will only be considered if a claim is submitted within 3 months of election or appointment or termination of membership, whichever is applicable.

(5) A person who has to relocate to Cape Town on becoming a member for the first time may, instead of making use of the R15 925 relocation facility, choose to be paid an establishment fee of R13 310 with which to purchase household goods. A member with 10 years service who is re- elected or re-appointed is entitled to a further R5 000 for replacement of household goods.

(6) Members will be reimbursed on submission of paid invoices, or the Secretary will pay suppliers directly, on submission of invoices.

1. DEFINITION OF MEMBER’S DEPENDANT

   The following persons are recognised as a member’s dependants for the purposes of travel facilities:

(1) A member’s─ (a) child, stepchild, legally adopted child and ward of court; and

  (b)   grandchild, niece or nephew who permanently resides with the
     member and is regularly maintained by him/her,
  who-
      i) is under the age of 18 years,
   ii) is unmarried,
  iii) does not receive a regular monthly income, grant or allowance in
       excess of the amount of the current disability grant.

(2) A member’s─

  (a)   child, stepchild, legally adopted child and ward of court; and

  (b)   grandchild, niece or nephew who permanently resides with the
     member and is regularly supported by him/her,

     who─

  (i)   is over the age of 18 years but not over the age of 27 years,
      ii) is unmarried,
     iii) is studying full-time at a recognised secondary or tertiary
          institution;
      iv) does not receive a regular income, grant or allowance in
          excess of the amount of the current disability grant; and
       v) is recognised by the Speaker: NA or the Chairperson: NCOP,
          respectively, as a dependant of the member for periods not
          exceeding 12 months at a time.

  (c)   The number of dependants of a member in this category is limited
     to 5.  However, the Secretary may on request of a member increase
     this limit.

(3) A member’s─

  (a)   child, stepchild, legally adopted child and ward of court; and

  (b)   grandchild, niece or nephew who permanently resides with
     him/her and is regularly supported by him/her,

     who─

  (i)   is over the age of 18 years,

  (ii)  owing to mental or physical disability, does not receive a
          regular income, grant or allowance in excess of the amount of
          the current disability grant; and

  (iii) is recognised by the Speaker: NA or the Chairperson: NCOP,
          respectively, as a dependant of the member for periods of 12
          months at a time.

1. REGISTER OF PERSONS OTHER THAN MEMBERS WHO ARE ENTITLED TO TRAVEL FACILITIES (1) A member must register the name of her/his spouse or companion, dependant, parent or parent-in-law in a register kept by the Secretary.

(2) A member may register more than one spouse for the purposes of travel facilities.

(3) A member may register only one companion for the purposes of travel facilities.

(4) A member may not register a spouse(s) as well as a companion.

(5) A member must inform the Secretary of any change in the status of a person registered for the purpose of travel facilities that might affect that person’s entitlement to the use of travel facilities.

1. GENERAL CONDITIONS RELATING TO UTILISATION OF TRAVEL FACILITIES

(1) A member’s spouse or companion, dependant, parent or parent-in-law is entitled only to the travel facilities specifically allocated as set out above.

(2) If a member registers her/his parent/parent-in-law as a companion, this does not exclude that person from any other specific facilities to which she/he may be entitled in terms of these rules.

(3) A member is required to register a “home base” as well as a “constituency base” for the purposes of travel facilities. An application for the registration of a constituency base must be accompanied by a letter from the Chief/Senior Whip of the Party concerned certifying that a particular area has been allocated to the member, and must also contain the address of the constituency office in that area.

(4) A journey undertaken on a feeder airline service is not counted as one of the quota per financial year of air journeys if it is undertaken to connect with a journey by a national airline service. Such a connecting journey must be undertaken via the most economical route. The Secretary will pay for such a journey and one single air journey may be used for all connecting journeys.

(5) A journey by private motor vehicle, public transport or taxi to an airport, must undertaken via the shortest route. If a longer route is used, a member is reimbursed for the shorter route only.

(6) All reimbursement for travel by motor vehicle, which is refundable at the fixed Government rate, is calculated at the fixed Government rate determined from time to time by the Department of Transport for a car with an engine capacity of 2001-2500 cm3 .

7) All reimbursement for travel by motor vehicle which is refundable at full AA rates, is calculated at the full AA rates determined from time to time by the Automobile Association of South Africa for a 4 cylinder car with an engine capacity of 2000 cm3 costing approximately R140 000 and covering a distance of 30 000 km per year.

(8) Travel facilities for members with disabilities are determined by a separate policy document. Members with special needs must inform the Chief Whip of the most senior Whip of their party of his/her special needs.

(9) A member may not purchase air tickets for which a reservation has not been made (ie open bookings are not allowed). (10) Unused air journeys to which a member’s dependants, parents or parents-in-law are entitled may not be used by the member or her/his spouse or companion, and may not be transferred or exchanged among such dependants, parents/parents-in-law.

(11) Air journeys to which a member or her/his spouse or companion, dependant, parent or parent-in-law is entitled, may not be carried over from one financial year to the next.

(12) All air tickets issued, but which a member does not intend using, or expired tickets, must be handed over to the Manager: Finance Section and not to the travel bureau or airline service concerned.

(13) The date of the journey, and not the date of the purchase of an air ticket, determines the financial year to which the air journey is allocated.

(14) Any fees payable in respect of air tickets booked for collection at an airport will be for the account of the member concerned.

(15) A member must, together with any claim, submit proof of expenditure incurred. As proof of a journey undertaken by using a private motor vehicle, petrol slips, tollgate slips or proof of other expenditure in connection with the journey, etc, must be submitted.

(16) Claim forms must be completed in full and signed by the member. One claim form must be handed in for each single or return journey.

(17) A member must submit original boarding passes and expenditure slips. Duplicate copies and faxed claims will not be accepted.

(18) For purposes of application of these facilities, where relevant, a leave period and a constituency period are periods designated as such in any financial year by the Joint Programme Committee. A constituency period is a period set aside for members to attend to constituency work.

1. TELEPHONE ALLOCATION

(1) Members are entitled to the following telephone allocations per month:

        Chief Whip of Majority Party: NA/NCOP        R3553-00
        Leader of Largest Minority Party R3553-00
        Deputy Chief Whip of Majority Party: NA/NCOP R2734-00
        Chief Whip of Largest Minority Party:  NA/NCOP    R2734-00
        House Chairpersons NA/NCOP  R2734-00
        Chairperson of a NA/NCOP Committee     R2734-00
        Leader of other Minority Parties R2734-00
        Senior Whip of Party other than Majority/Largest
  Minority    R2461-00
        Deputy Chairperson of Committees: NA/NCOP    R2461-00
        Parliamentary Counsellor in Office of President   R2461-00
        Provincial Whip: NCOP R2186-00
        Parliamentary Counsellor: Office of Deputy President
  R2186-00
        Whip of a Party in a House  R2186-00
        All other office bearers and Members of Parliament
  R1914-00

(2) The following calls made by a member will be offset against her/his telephone allocation on submission of paid accounts:

  (a)   Residential telephone calls;
  (b)   calls for the purpose of fax transmissions;
    c) calls on a cellular phone registered with the Secretary; and
    d)  monthly internet subscriptions.

(3) Accounts will be reconciled monthly.

(4) Telephone allocations not used during a month will be carried over to the following month, but not to the next financial year.

(5) Members will not be paid out for unused allocations.

(6) If a member exceeds her/his allocation for a month, including any unused allocations from previous months, any excess cost for Parliament will be recovered from the member’s salary.

(7) Claims for a specific financial year will be reimbursed only if the claims are submitted on or before 10 April of the following year (31 March - end of financial year).

1. ATTENDANCE AT APPROVED COMMITTEE MEETINGS WHILE PARLIAMENT IS NOT SITTING OR AT VENUES OTHER THAN IN CAPE TOWN DURING SITTINGS

(1) Daily Allowance

  A member is paid a daily allowance, as determined from time to time by
  the Speaker: NA and the Chairperson: NCOP, for attendance at approved
  committee meetings while Parliament is not sitting, including a
  constituency period, or during sittings, at venues other than Cape
  Town. The member must complete a committee claim form.

(2) Air Journeys

  An air journey undertaken in order to attend an approved committee
  meeting is not counted as part of the member's quota per financial
  year of air journeys. If a member used a single air journey for such a
  journey, this must be indicated on the committee claim form, and the
  relevant airways ticket must be attached to the claim form, to enable
  the Finance Section to reverse the allocation. Original boarding
  passes must also be attached to the claim form.


  The class of air travel will be in accordance with 1. AIR JOURNEYS section
  1 (b)

(3) Journey to and from Airport

  A member is reimbursed in accordance with paragraph 6 for any
  expenditure incurred by her/him for travelling to and from an airport
  on the way to and from an approved committee meeting.

(4) Motor Vehicle Journey If a member travels by motor vehicle to attend an approved committee meeting, she/he will be reimbursed at higher of the AA rate or the government rate per km. If such a journey could have been undertaken more cheaply by air, the member will be compensated for─

  (a)   one return motor vehicle journey between her/his home
     base/place of residence and the nearest airport and one return
     journey between the airport nearest to the venue of the meeting
     and the venue itself at the higher of the AA rate or the
     government rate per km; or

  (b)   the cost of a single or return air journey, whichever is
     applicable, by air between the airport nearest to the member's
     home base/place of residence and the airport nearest to the venue
     of the meeting.

(5) Hotel or Similar Accommodation

  A member is reimbursed as follows:

  Dinner Bed and Breakfast:   Actual expenses to a maximum of R950 per
  day.
  S&T of R150 per day to cover lunch and other incidentals

(6) Private Accommodation

  A member is reimbursed at R150 per day.

(7) Motor vehicle Hire

  A member is reimbursed for the actual cost for a Class B motor vehicle
  provided that it is authorised by the Chairperson of a Committee when
  the Member is executing Parliamentary activities.

1. CATERING FACILITIES

(1) Bookings for catering services may be made only in the name of a member, Minister or Deputy Minister.

(2) Accounts for catering services rendered must be settled immediately.

(3) If a member does not settle an account before the end of the month in which the service was rendered, the full amount will be deducted from the member’s next salary.

(4) If a Minister or Deputy Minister does not settle an account before the end of the month in which the service was rendered, the account will be forwarded to the Director-General of the Department concerned for immediate settlement.

1. VISITS TO PROVINCES BY PERMANENT DELEGATES TO NCOP

(1) Members who are required to visit the provinces on official business must obtain prior authorisation from the Chairperson/Deputy Chairperson: NCOP or the Chairperson of Committees: NCOP before any arrangements are made for air tickets, hotel bookings or other transport.

1) Bookings must be made through the Transport Unit.

2) The class of air travel will be in accordance with 1. AIR JOURNEYS section 1 (b)

(4) If Members have incurred any expenses relating to using their private vehicle to undertake such a visit, they must within 7 days after returning from the visit, hand their completed claim forms to a staff member of the NCOP Administration, who will send them to the Finance Section.

1. RECOVERY OF DEBTS

   If any of the facilities in respect of a member or her/his spouse or companion, dependants, parents or parent-in-law, is exceeded, any excess costs for Parliament, the amount of such excess is recovered immediately in one sum, from the member’s salary, unless arrangements have been made with the Secretary to pay off the amount.

2. EQUIPMENT AND FURNITURE FOR MEMBERS

(1) The Secretary will provide each member with the following items:

    a) one laptop computer;
    b) one printer;
    c)       one Internet connection and software;
    d) One Personal digital assistant (PDA)
    e)       one medium-sized desk;
    f)       one small desk;
    g)       one desk-linking unit;
    h)       two mobile pedestals;
    i)       one upholstered high-back office chair with armrests and
       [swivel/tilt mechanism] or high-back typist chair with armrests;
    j) two visitor chairs with armrests;
    k) One wooden double door bookcase with shelves of one wooden
       double door stationery cupboard
    l) One four drawer steel filing cabinet
    m) One telephone table with shelf
    n)       two wooden letter trays;
    o) one wooden hat stand;
    p) one wooden/steel waste-paper bin; and
    q) one carpet protector.

(2) The Secretary will, in his or her discretion, in exceptional circumstances, supply a member with additional bookcases/stationery cupboards and filing cabinets.

1. STATIONERY

(1) Quantities of stationery supplied to a member

  The Secretary annually supplies each Party, for distribution to their
  members, with the following maximum quantities of stationery:

  (a)   Parliamentary letterheads - 500 per member year
    b) Parliamentary envelopes – 500 per member year
    c) Business cards  - 500 per member per year

  Members must requisition these letterheads and envelopes from their
  Parties.

(2) Use of stationery

(1) Parliamentary letterheads and envelopes may be used only for letters that deal with Parliamentary business and that are directed and addressed to individuals and are personally signed.

(2) Parliamentary letterheads and envelopes may not be used for letters written with the object of raising funds or taking a collection.

(3) Parliamentary envelopes may be used for greeting cards directed and addressed to individuals, but greeting cards may not be submitted for franking (machine marking of a stamp on an envelope) and dispatch.

(3) Dispatch of mail

(1) A member may submit her/his ordinary official letters to the Chief Service Officer for franking and dispatch.

(2) Parliamentary envelopes containing greeting cards may not be submitted for franking and dispatch.

(3) During a parliamentary session a member will in urgent cases be permitted to dispatch letters by express, certified or registered mail, and printed matter by airmail, at the discretion of the Secretary.

(4) Letter boxes

(1) A member is provided with a letterbox in which all internal notices, etc addressed to a member personally is deposited.

(2) Under no circumstances will a member’s letters be given to unauthorised persons.

(3) Parcels addressed to members, if too large to be deposited in the letterboxes, are retained in the office of the Chief Service Officer and a notification of their arrival is deposited in the letterbox of the member concerned.

(5) Dispatch of papers

(1) Papers required by a member during any recess including a constituency period, and not railed in trunks, may be dispatched as parcel post, for the account of the Secretary, but the number of such parcels must be limited as far as possible.

(2) In order to facilitate the dispatch of papers, members may not have parcels made up which exceed 50 kg in weight. (3) Members may once per financial year carry papers with them as excess weight on an aircraft up to a maximum weight of 50kg for the account of the Secretary. Members must pay for the cost of the excess weight and claim from the Finance Section on production of proof of payment.

1. ELECTRONIC VERSION OF STATUTES

   The Secretary will provide each party with access to an electronic version of the complete set of statutes.

2. PERSONAL ACCIDENT INSURANCE

   The Secretary takes out a personal accident insurance policy in respect of all members, which provides cover in the event of─

   (a) death; (b) permanent disability; and (c) bodily injury or permanent total loss of, or permanent total loss of the use of, limbs or certain sensory organs caused by violent, accidental, external and visible means.

3. DECEASED MEMBER, SPOUSE/COMPANION, DEPENDANTS AND PARENTS/PARENTS-IN LAW

(1) If a member dies whilst away from home, but in the RSA, the Secretary will provide two persons, who must as far as possible be next-of-kin of the deceased member, with a return air ticket each between their home base in the RSA and Cape Town or the place where the death occurred as well as with two nights reasonable accommodation at the place concerned, to take care of the usual arrangements that are required in the case of death.

(2) The Secretary will further pay for the conveying of one motor vehicle belonging to the deceased member from Cape Town or the place where the death occurred, to her/his home base.

(3) The Secretary will further pay for the cost of a mini-container to transport the belongings of the deceased member to her/his home base.

(4) In the event of a registered spouse/companion, dependant, parent or parent-in-law or child dying whilst away from home but in the RSA, the Secretary will provide assistance in accordance with guidelines to be determined by the Presiding Officers.

(5) In the event of the death of a member the Secretary will:

    a) Contribute an amount of R30 000 (thirty thousand) towards the
       funeral expenses.
    b) Pay the cost of air transport, ground transport and
       accommodation for 15 members to attend the funeral service.

1. APPLICATION OF DIRECTIVES

   The Secretary may apply these directives in such a way that they cover particular circumstances or eventualities that are not specifically provided for, but which, in the opinion of the Secretary, fall within the context of the directives. If there is any disagreement between the Secretary and a member about the application of this paragraph, the Secretary must refer the matter for decision to the Speaker: NA or the Chairperson: NCOP, as may be appropriate.

B MBETE, MP M J MAHLANGU, MP SPEAKER : NATIONAL ASSEMBLY CHAIRPERSON : NATIONAL COUNCIL OF PROVINCES

COMMITTEE REPORTS

NATIONAL COUNCIL OF PROVINCES

1. REPORT OF THE SELECT COMMITTEE ON PETITIONS AND MEMBERS’ LEGISLATIVE PROPOSALS ON THE FACT FINDING MISSION TO NEW EERSTERUS, HAMMANSKRAAL ON 29 NOVEMBER 2007

 1. BACKGROUND:

  The Select Committee on Petitions and Members’ Legislative Proposals
  received a petition on water service delivery from the residents of
  Block 2 and Block 4 extension in New Eersterus, Hammanskraal, which
  had been submitted to the office of the Speaker of Parliament on 06
  August 2007.


 2. OBJECTIIVES:

  The committee decided that a delegation of the Committee will go to
  Gauteng and meet with the officials of Tshwane Metropolitan Council,
  who are responsible for delivery of municipal (water) services to the
  area and a delegation of the residents.  The purpose was to gather all
  the facts on the problems as raised by the residents.


 3. COMPOSITION:


  The composition of the delegation was as follows:


    1. Mr F Adams (ANC) - Chairperson of Committee and Leader of
       Delegation
    2. Mr M A Mzizi (IFP)
    3. Mr A Watson (DA)
    4. Ms T M Sepanya (Committee Secretary)
    5. Ms N Nqcaba (Committee Researcher)

 4. FINDINGS:

Meeting with City Council Officials at the Tshwane Metro-council offices:

             The meeting was chaired by Mr Pillay the chairperson of the
             Mayoral Committee on Municipal Services.
             Mr Pillay indicated that, the area in question was
             previously administered by the North-west provincial
             government and that Tshwane Metropolitan Council, Gauteng
             Province took over in 2001.  The area in question is not a
             proclaimed area and that this will happen in
             January/February 2008.  Residents of the area were
             originally from Mamelodi, Eesterus and neighbouring suburbs
             like Mabopane hence the name New Eersterus.  They initially
             illegally occupied the land.


             He explained that the area does not have bulk water.  The
             council is busy with water connections and will complete
             this around July 2008.


             The process has been delayed because the area is still
             being developed.  There are about 5 000 stands in the
             residential area.  The installation of the sanitation
             system will be completed sometime in 2010.


             He indicated that, they had received complaints about the
             quality of the water and had assigned the SABS to test this
             and it was found to be of good quality.  It was discovered
             that, whatever strange particles, e.g. dead cats had been
             deliberately put there by the residents themselves as they
             did not want the tankers that had been installed.


             The ward councillor Mr Solly Moima explained that the
             council had a meeting with the community in July 2007.  He
             has been giving the residents feedback on the progress of
             water provision.  He explained that, there are 11 boreholes
             and 5 trucks which will be increased to 8.  The
             construction of the Phase I water reticulation network
             started on 01 October 2007.  The council, however, has
             temporary yard connections.  Phase II will start in January
             and will make provision for all the other services.


             The labour for this project is sourced from the local
             community.  This is a very labour intensive project.

Meeting with the community of New Eesterus:

             The chairperson outlined the purpose of the visit, that the
             meeting would only be deal with the matters raised by the
             community in the petition to Parliament.  This was water
             provision.


             The community was led by Ms Hilda Monkwe.  She indicated
             that they had various meetings with all the relevant
             structures within the council about their plight and did
             not get any assistance hence they resorted to petitioning
             Parliament as they believed that they have exhausted all
             avenues available.  She believed that it was the role of
             Parliament to “deepen democracy” so the committee would
             then help in getting this achieved.   She mentioned that
             all the construction projects do not benefit the local
             community.


             It became clear during the meeting that, the concerns of
             the community were not the provision of the water in
             particular but they were unhappy about the way the council
             was dealing with the development of the area.


             Mr Joseph Mogale, a member of the delegation complained
             about the fact that there was no proper consultation about
             matters affecting them e.g. the tender process on the
             project that was being undertaken.  He indicated that there
             was a strong feeling that the policies of the Extended
             Public Works Projects are not implemented on the council’s
             projects.


             The Council appointed a steering committee.  A work
             committee was elected and they believed that members of
             this committee should not be compensated for performing
             this function as all of them have a stake in the
             construction company.  Mr Brian Makhubedu, mentioned that,
             since water was a measure of service delivery, they
             petitioned on it but that the real issue was the
             “reconstruction and development” of the area.


             Mr Danie Swart, Manager for infrastructure provision in
             response outlined the project.  He explained that the
             council had designed a basic network of water supply.  The
             council would provide full water supply service to be
             linked to Phase II which would be completed by June 2009.
             Phase II would start in the last week of November 2008.


             A project steering committee was set up for each project
             the council was involved in.  A community liaison officer
             appointed by the council also participated in the site
             meetings.


             The sub-contractor, Mr Abraham Mashilo started this project
             in October 2007 and it is due for completion in June 2008.
             The leader of the community delegation Ms Hilda Monkwe was
             concerned that the locals do not benefit from the projects.
              She insisted that only certain members of the ruling party
             benefit as prospective employees are asked to produce their
             ANC membership cards before they could be employed.


             The delegation also visited the site where the project was
             conducted from.

 5. RECOMMENDATIONS:

       The Committee recommends, in terms of rule 235 of the NCOP
       Rules, that the matter be referred to the Select Committee on
       Local Government and Administration and the relevant Committee
       in the Gauteng legislature.


    6. CONCLUSION

       The Committee would undertake a follow-up meeting in six months
       to find out if matters raised so far have been dealt with.

Report to be considered.

1. Report of the Select Committee on Security and Constitutional Affairs on a joint oversight visit to Pollsmoor prison to consider the position of awaiting-trial prisoners, dated 21 November 2007.

2. Aim of the visit On 23 October 2007, the Portfolio Committee on Justice and Constitutional Development, Portfolio Committee on Correctional Services, and the Select Committee on Security and Constitutional Affairs undertook a joint oversight visit to the Pollsmoor Correctional Facility. The aim was to consider overcrowding in our prisons, particularly the position of awaiting- trial prisoners. Representatives from the Magistracy, the National Prosecuting Authority and the Judicial Inspectorate of Prisons were also present.

3. Participants

The following members of the Portfolio Committees on Correctional Services, and Justice and Constitutional Development, and the Select Committee on Security and Constitutional Affairs visited the Pollsmoor Correctional Centre:

Portfolio Committee on Correctional Services: Mr D Bloem [Chairperson], Ms LS Chikunga (ANC),Mr S Mahote (ANC),Mr E Xolo (ANC),Ms W Ngwenya (ANC), Mr J Selfe (DA) and Mr H Cupido (ACDP)

Portfolio Committee on Justice and Constitutional Development: Mr G Magwanishe [Acting Chairperson], Mr J Sibanyoni (ANC) ,Ms M Meruti (ANC) and Ms C Johnson (ANC)

Select Committee on Security and Constitutional Affairs: Kgoshi L M Mokoena [Chairperson] – Limpopo, Ms F Nyanda (ANC) – Mpumalanga and Mr L H Fielding (DA) – Northern Cape.

The Committees were accompanied by the following parliamentary support staff: Ms R Lawrence (Personal Assistant to the Chairperson of the Portfolio Committee on Correctional Services) and Ms G Dinizulu (Committee Secretary to the Select Committee on Security and Constitutional Affairs), Ms C Balie (Committee Secretary to the Portfolio Committee on Correctional Services), Ms N Skaka (Committee Assistant) and Ms C Silkstone (Researcher to the Portfolio Committee on Justice and Constitutional Development)

Pollsmoor Correctional Facility was represented by: Mr Mkabela (Area Commissioner), Mr Nthombeni (Regional Commissioner: Corporate Services), Mr Modisadife (Head: Admission Centre), Ms Dayimani (Head: Medium B Centre),

Mr Molefe (Head: Medium C Centre), Mr Scholtz (Acting Head: Medium A Youth Centre) and Ms Claassen (Head: Female Section)

The Department of Justice was represented by the following members of the Judiciary: Ms M van Eeden ( Acting Senior Magistrate, Wynberg) Mr M Dimbaza (Chief Magistrate, Wynberg), Mr H Swart (Acting Chief Magistrate, Cape Town) and Mr Zantsi (Senior Public Prosecutor, Athlone)

The Judicial Inspectorate of Prisons was represented by: Ms Pritima Osman (Acting Director: Functional Services), Mr T Titus (Visitor’s Committee Co-ordinator)

1. Overview of proceedings

The Department of Correctional Services gave a short briefing to the Committees on the Pollsmoor Management Area, which was followed by extensive discussion. MPs then spoke with a number of awaiting-trial prisoners, especially pregnant women, juveniles and children.

1. Briefing on the Pollsmoor Management Area

2. Pollsmoor is overcrowded. The present occupancy rate is 168%.While Pollsmoor is designed to accommodate 4 252 offenders, at present the facility accommodates 7 296 offenders in total. Of these, 4 823 (66.8%) are awaiting-trial prisoners. At the Female Centre, which MPs visited, there are 397 offenders, of which 47% are awaiting trial. The occupancy rate is 162%.

   The Department provided the Committees with the breakdown in the table below of awaiting-trial prisoners, who had either not been granted bail or had been granted bail but could not afford to pay. Sentenced juvenile offenders as well as awaiting-trial juveniles (18-21) are housed in the Medium A section.

4.2

The Department also provided the information, which is set out in the table below, on the number of successful conversions to correctional supervision in terms of sections 62 (f), 71 and 72 of the Criminal Procedure Act 51 of 1977 from 1 March 2007 – 30 September 2007. Section 62(f) of the Criminal Procedure Act 51 of 1977 empowers the court to release an accused on bail under the supervision of a probation officer or a correctional official. Section 71 of the Criminal Procedure Act provides that awaiting-trial juveniles may be placed in a place of safety or under supervision, instead of release on bail or detention in custody, while section 72 refers to release of an accused on warning.

4.3 Interventions to address overcrowding at Pollsmoor include:

 • The appointment of four additional court officials (now a total of
   seven) to assist with the reduced bail applications and alternative
   placements for awaiting-trial prisoners.
 • A list of section 62(f) and 63 applications is submitted weekly by
   the court officials to the various courts.
 • Heads of centres attend monthly case-flow meetings to address the
   management of overcrowding.
 • A list of awaiting-trail children is provided to various courts and
   at case flow meetings on a monthly basis.
 • The names of awaiting-trial children are given to the Department of
   Social Development each Friday.
 • There is constant interaction between the in-house social workers
   and the Department of Social Development for available bed space at
   places of safety.

1. Issues Arising

2. Applications in terms of section 62(f) of the Criminal Procedure Act

In response to queries about the granting of applications to place an accused under the supervision of a correctional or probation officer in terms of section 62 (f) of the Criminal Procedure Act of 1977, representatives from the Magistracy expressed doubt that the Department of Correctional Services has sufficient capacity to monitor those released in terms of this section. It was said that magistrates are unable to simply release persons awaiting-trial without the assurance that there are arrangements in place to ensure that they will return to court. MPs also heard that a common concern is that the majority of juveniles are being held for ‘aggressive’ offences. Their parents do not always want them at home for reasons that include being unable to guarantee that they will be able to bring their children to court on the appointed dates. There are also not enough places of safety and secure care facilities.

1. Conditions of Bail

Pollsmoor officials explained that there were many awaiting-trial prisoners who could not afford bail, even if it was below R1000, as shown in the Table in paragraph 3.2. above. However, they could not provide the Committees with a breakdown of the bail amounts under R1000, nor could they tell the Committees precise details of the alleged crimes committed.

It emerged that the factors involved in granting bail are complex: bail is intended to ensure that an accused returns to court on the appointed date, and is meant to take into account the affordability of the accused. Where the bail amount is small, it does not necessarily mean that the offence is not serious. Magistrates also take into account the seriousness of the offence, the strength of the case against the accused and the personal circumstances of the accused. The number of previous convictions is also taken into account.

Amendments to the Criminal Procedure Act were designed to make it more difficult to get bail: Schedules 5 and 6 to the Act state that bail may not be granted for the offences listed in these Schedules, unless there are exceptional circumstances.

1. Lack of information on the committal warrant

Awaiting-trial prisoners are not assessed when first brought to Pollsmoor. The committal warrants that accompany awaiting-trial prisoners do not provide sufficient details of the crime for which the accused is being detained. Typically, the committal warrant will simply state in broad terms the crime for which the accused is being held.

This makes it difficult for prison officials to establish whether a particular awaiting-trial prisoner’s case should be brought to the attention of the authorities. The lack of information means that awaiting- trial prisoners can spend unnecessary time in prison. Prison officials need access to the court file in order to properly understand why an awaiting- trial prisoner is being held.

1. Legal facilities available to awaiting trial detainees

Correctional Services officials said that there are facilities available to awaiting-trial prisoners to meet with their legal representatives. The Committees were informed that the Legal Aid Board visits the facility on Tuesdays, Thursdays and Fridays. Officials from the Department of Justice have also visited to explain plea bargaining.

However, through further engagement with the officials, MPs established that the Legal Aid Board does not always visit the facility and that consultations between attorneys and their clients tend to take place at court. The representative from the Office of the Inspecting Judge was of the view that if the Legal Aid Board visited the facility more regularly there would be far more applications for reduction of bail. The Legal Aid Board, however, has a shortage of available practitioners, which impacts on its ability to conduct prison visits.

It was also alleged that awaiting-trial prisoners, who are children or juveniles, are often not given a chance to contact their parents when first arriving at Pollsmoor.

1. Co-operation and liaison between Departments of Correctional Services and Justice and Constitutional Development.

The Committees heard that there are inter-sectoral structures in place to streamline or facilitate the processing of awaiting-trial prisoners. These structures meet monthly. The Committees heard that awaiting-trial prisoners are considered to be a priority for magistrates, and that magistrates are well versed on issues such as juveniles in custody and the granting of bail of relatively small amounts.

1. Visits from Magistrates

While magistrates used to visit offenders in prisons, this is no longer common practice. With the creation of the Office of the Inspecting Judge, magistrates no longer feel that this is part of their function, and only visit when invited.

1. Caseload Backlogs

Although there are systems in place, the enormous in-flow of cases creates backlogs. The Committees were informed that the Department of Justice has once again, from September, instituted backlog courts to reduce this problem.

1. Interventions to reduce the number of Children Awaiting Trial at Pollsmoor

There are interventions to reduce the number of awaiting-trial children in Pollsmoor. Every month a list of names is provided to courts and to the case flow meetings. Every Friday, Pollsmoor provides the Department of Social Development with a list of sentenced and awaiting-trial children. Pollsmoor is also provided with information on the number of places available at places of safety and at secure care facilities. There is constant networking taking place between the in-house Social Workers regarding diversion, as well as available bed-space at places of safety. This has seen a reduction in the number of male children incarcerated from the end of August 2007 from 195 to 140 in late October 2007.

1. Committees’ Recommendations

2. In different forms, several of the observations and recommendations in this section have been made before. They are not particularly novel or exceptional and can even be seen as predictable. The difference however is in the current approach of the Committees. We are determined to follow up on these recommendations and actively monitor progress in regard to them. We are acutely aware of the challenges the relevant departments and other role-players face, but we believe that incremental improvements are possible and certainly necessary – and it is these modest, incremental improvements that our Committees are seeking to pursue. We are also aware of our own limitations, with our “over-loaded” programmes and inadequate research, technical and other support, and so we would not be too ambitious in setting our own oversight targets. We need to be strategic and selective in our oversight targets. In this respect, our main aim is to see incremental improvements in the position of awaiting-trial prisoners in Pollsmoor and put appropriate pressure, consistent with our oversight role, on the relevant departments and other role-players for incremental improvements in the position of awaiting trial prisoners in other correctional facilities. The Correctional Services Portfolio Committee will, of course, focus more on the general conditions at correctional facilities and further advance its oversight role in this regard. However, our two Committees will work closer together to follow through on the recommendations set out below. This will mean working both jointly and, in a complementary way, in our own respective portfolios to monitor progress in respect of the recommendations. We might also work with other relevant portfolio and select committees to follow through on the recommendations below.

3. As part of the monitoring process, this report will be referred to the Departments of Justice and Constitutional Development and Correctional Services for an initial written response within two months of the date of its adoption. The aim of the response would be to provide information to the Committees, convey the initial views of the departments on the recommendations below, and set the basis for the briefing referred to in 5.3 below. The report will also be referred to the Pollsmoor management and other relevant stakeholders.

4. The Committees will also convene a joint meeting of the relevant Departments, the Pollsmoor management and other stakeholders within six months to monitor progress in regard to the issues raised in this report and take matters further.

5. While the Committees appreciate the challenges, we feel that for awaiting-trial offenders to constitute 66.8% of the Pollsmoor offender population is altogether unacceptable. The Committees require a more comprehensive explanation than we got during our visit on why this is the case and what is being done to improve the situation, even if gradually over time. The Committees are keen to get a better sense of how Pollsmoor fares compared to other correctional facilities.

6. The Pollsmoor officials explained their approach to dealing with the high number of awaiting-trial prisoners, especially children. However, the Committees are not clear that this approach is being implemented effectively – and will engage further on this at the briefing referred to in 5.3 above. The Committees welcome the reduction in the number of male children incarcerated, from 195 to 140, between the end of August and late October this year.

7. The Committees are concerned about the number of awaiting-trial prisoners who are being detained in prison simply because they are unable to meet bail, especially when the bail is below R1000. It is not cost-effective to accommodate awaiting-trial prisoners where the bail amounts are small. The Committees note that the Department of Justice and Constitutional Development’s 2006/07 Annual Report refers to section 63(A) of the Criminal Procedure Act that allows for the release of awaiting trial prisoners, who have been granted bail, but are unable to pay the bail. The Committees note that the Department of Correctional Services was requested by the Criminal Justice System Review Project to prioritise the release of such prisoners, and to submit a report by end of May 2007, indicating progress. The Committees are interested in what progress there has been in this regard.

8. Prison should be for The Committees feel that the judiciary should, where possible, make use of alternative sentencing so as to ensure that those who have committed petty offences are not sent to the already overcrowded prisons. Prison should be for serious offenders.

9. The Committees are concerned that Legal Aid Board practitioners do not regularly visit Pollsmoor, except when they are informed that an accused does not have legal representation. More immediate access to a legal representative will result in more applications for reduction of bail, and a decrease in the number of awaiting-trial prisoners. However, the Committees are aware that there was no representative from the Legal Aid Board present during the oversight visit. The Committees are also aware of the capacity constraints that face the Legal Aid Board. The Committees will refer this report to the Legal Aid Board and request a report, within two months, on the Board’s visits to Pollsmoor and other correctional facilities and the challenges it faces in this regard.

10. The Committees feel that when an awaiting-trial prisoner is committed to a correctional facility, adequate information of the crime, in respect of which the accused has been charged, has to be contained in the accompanying documentation. This information is usually contained in the case docket or court file. If the information is made available, stakeholders will be better able to ensure that awaiting- trial prisoners do not spend unnecessary time in prison. The Committees request the Department of Justice and Constitutional Development to report on the feasibility of providing the Department of Correctional Services with such information.

11. The Committees feels that, within their constraints, magistrates should seek to visit correctional facilities, particularly in respect of awaiting-trial prisoners. The Committees are keen to understand what the difficulties are in regard to this and how they might be addressed. The Committees will also raise this with the Magistrates Commission. and also confer with the Judicial Inspectorate of Prison.

12. While it is clear that there are structures in place that provide for intersectoral engagement, it is not clear to what extent these structures are effective. The Committees will engage on this further at the briefing referred to in 6.3 above.

13. The Committees feel that there should be greater collaboration between all role players around ensuring better conditions for and the speedy sentencing of awaiting trial detainees – co-operation between the Departments of Justice, Social Development, Safety and Security and Correctional Services should be ongoing.

14. The Committees note that while sentenced children and juveniles take part in education, sport and developmental programmes in Pollsmoor, awaiting-trial children and juveniles are not allowed to take part. This is apparently because the latter category “fall under justice, not correctional services”. The Committees are clear that this “silo” approach is not acceptable and inconsistent with the notion of an integrated justice system, and feel that all children and juveniles, both those sentenced and those awaiting-trial, should be allowed to take part in the above-mentioned programmes. Some of the awaiting- trial juveniles have been awaiting trial for long periods, some as long as three years.

15. The Committees note the interventions to address overcrowding in Pollsmoor. There is obviously a need for more places of safety as children and juveniles released from prison cannot always go back to their homes; sometimes there are not even contact details of the families of those released, especially if their families are in rural areas or provinces other than the Western Cape. The Committees note that the Department of Social Development also serves on the intersectoral task team, referred to in 6.11 above, and are interested to receive more information on the availability of places of safety. The matter will also be raised with the Social Development Portfolio Committee and, if necessary, the Department of Social Development will also be asked to attend the briefing referred to in 6.3 above.

16. The Committees welcome the use of “backlog courts” and are interested in progress in this regard.

17. The Committees agree that more should be done to ensure that pregnant women, who have committed petty crimes, are not detained in prison but are diverted to community corrections or to other appropriate intervention programmes.

18. The Committees will follow through on the recommendations set out above and are keen to see progress in regard to them. We do not believe that we should simply carry out oversight visits and write reports for the sake of doing so; there have to be material outcomes. The responsibility for this does not reside solely with the executive. Parliament also has a major responsibility - and, consistent with our oversight role, we commit ourselves to working with the relevant departments and other stakeholders to achieve progress in regard to the above recommendations.

19. Acknowledgements

The Committees express their appreciation to the Department of Correctional Services, the Pollsmoor management and other stakeholders for their co-operation in ensuring that the study visit was productive. The Committees acknowledge the assistance of Ms Christine Silkstone of the Parliamentary Research and Information Unit in the preparation of this report.

Report to be considered.

                        TUESDAY, 3 JUNE 2008

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Introduction of Bills

 (1)    The Minister of Safety and Security


     a) South African Police Service Amendment Bill [B 30 – 2008]
        (National Assembly – proposed sec 75) [Explanatory summary of
        Bill and prior notice of its introduction published in
        Government Gazette No 31016 of 9 May 2008.]


         Introduction and referral to the Portfolio Committee on Safety
         and Security of the National Assembly (the Committee to confer
         with the Portfolio Committee on Justice and Constitutional
         Development), as well as referral to the Joint Tagging
         Mechanism (JTM) for classification in terms of Joint Rule 160.


         In terms of Joint Rule 154 written views on the classification
         of the Bill may be submitted to the JTM within three
         parliamentary working days.

1. Draft Bills submitted in terms of Joint Rule 159

(1)    Intelligence Services Amendment Bill, 2008, submitted by the
     Minister for Intelligence.

(2)    National Strategic Intelligence Amendment Bill, 2008, submitted
     by the Minister for Intelligence.

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

   (a) The Strategic Plan for the Third Parliament for 2004-2009 reviewed for 2008-09 [RP 98-2008].

2. The Presidency (a) Report and Financial Statements of the Accelerated and Shared Growth Initiative for South Africa (ASGISA) for 2007.

   (b) Joint Initiative on Priority Skills Acquisition (JIPSA) – Report on Activities in 2007, April 2008.

3. The Minister for Provincial and Local Government

   a) The Business Plan for the Department of Provincial and Local Government for 2008-09.

   b) Municipal Performance Report for 2005-2006, tabled in terms of section 48 of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000).

   c) Report on the Implementation of the Intergovernmental Relations Framework Act for 2005-2006 and 2006-2007, tabled in terms of section 46 of the Intergovernmental Relations Framework Act, 2005 (Act No 13 of 2005).

   d) Report of the National Disaster Management Centre for 2006-2007, tabled in terms of section 24 of the Disaster Management Act, 2002 (Act No 57 of 2002).

COMMITTEE REPORTS

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