National Council of Provinces - 16 September 2009
WEDNESDAY, 16 SEPTEMBER 2009 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____ The Council met at 14:05.
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.
NOTICES OF MOTION
Mnr W F FABER: Voorsitter, ek gee kennis dat ek sal voorstel:
Dat die Raad –
1) kennis neem dat die Suid-Afrikaanse Protea-krieketspan die beste in
wêreldkrieket op die Internasionale Krieketfederasie se ranglys is;
2) die Protea-krieketspan alle sterkte toewens met die komende
Internasionale Kampioene Trofeëreeks wat aanstaande Dinsdag begin,
waar die Proteas teen Sri Lanka deelneem;
3) verder kennis neem dat ‘n Sharks-rugbytrui met die Discovery-
ruimtetuig na die Internasionale Ruimtestasie geneem is -
ruimtevaarders mag een persoonlike besitting saam met hulle na die
ruimtestasie neem op so ‘n tog - en die Amerikaanse ruimtevaarder
Patrick Kennedy is ‘n groot Sharks-rugby-ondersteuner en het
besluit om sy Sharks-rugbytrui saam te neem, dit is dus die eerste
rugbytrui wat die ruimte in is;
4) ook die Sharks rugbyspan baie gelukwens met hulle tweede oorwinning
teen die Blou Bulle op Loftus Versveld in die Curriebekerreeks; en
5) die Sharks rugbyspan alle sterkte toewens met hulle kragmeting teen
die Vrystaat Cheetahs Saterdag in Durban. (Translation of Afrikaans notice of motion follows.)
[Mr W F Faber: Chairperson, I hereby give notice that I shall move:
That the Council –
1) takes note that the South African cricket team the Proteas ranks as
the best team in world cricket according to the International
Cricket Federation;
2) wishes the Proteas cricket team well in the coming International
Champions Trophy series, starting next Tuesday, when they face Sri
Lanka;
3) further notes that a Sharks rugby jersey was taken to the
International Space Station with the Discovery space craft, with
astronauts being allowed to take one personal possession with them
on such a flight, and the American astronaut Patrick Kennedy being
such a huge Sharks rugby supporter that he decided to bring along
his Sharks jersey – clearly the first rugby jersey to travel into
space;
4) also congratulates the Sharks rugby team on their second win in the
Curry Cup competition against the Blue Bulls at Loftus Versveld; and
(5) wishes the Sharks rugby team well in their showdown against the Free State Cheetahs this Saturday in Durban.]
The CHAIRPERSON OF THE NCOP: I am sure you are aware that we have two types of motions: A notice of motion and a motion without notice. Are you moving a notice of motion now? Is that what you are moving?
Mr W F FABER: Correct, Mr Chair.
Mnr M J R DE VILLIERS: Agb Voorsitter, ek gee kennis dat ek sal voorstel:
Dat die Raad –
(1) kennis neem van die berig in Die Burger van 1 September 2009 waarin Tony Ehrenreich van Cosatu beweer dat mev Zille, Premier van die Wes-Kaap, en haar gevolg haar besoek aan Duitsland misbruik het om haar familie in Duitsland te besoek;
(2) verder kennis neem dat mnr Ehrenreich en Cosatu kwaadwillig mev Zille, Premier van die Wes-Kaap, van slingse streke, onbetroubare gedrag, misbruik, wan-administrasie en korrupsie beskuldig;
(3) ook kennis neem dat mnr Ehrenreich en Cosatu mev Zille se naam as agbare lid en die amp van Premier onteer en beledig; en
(4) mnr Ehrenreich en Cosatu versoek om met bewyse vir sy bewering na vore te kom, so nie, in die openbaar sy en Cosatu se verskoning aan mev Zille aanbied vir ongetoetse en ondeurdagte uitlatings. (Translation of Afrikaans notice of motion follows.) [Mr M J R DE VILLIERS: Hon Chairperson, I hereby give notice that I shall move:
That the Council –
1) notes a report in Die Burger of 1 September 2009 in which Tony
Ehrenreich of Cosatu claims that Mrs Zille, Premier of the Western
Cape, and her entourage had abused a visit to Germany to call on
her relatives there;
2) further notes that Mr Ehrenreich and Cosatu have maliciously
accused Mrs Zille of underhand dealings, treacherous behaviour,
misappropriation, maladministration and corruption;
3) also notes that Mr Ehrenreich and Cosatu have discredited and
insulted the name of Mrs Zille as an hon member and the office of
Premier; and
(4) requests Mr Ehrenreich and Cosatu to present proof of his claims, failing which to apologise publicly for his and Cosatu’s untested and ill-considered statements.]
Mnr H B GROENEWALD: Mnr die Voorsitter, ek gee kennis dat ek sal voorstel:
Dat die Raad –
(1) kennis neem dat die probleme wat Eskom nou reeds vir ‘n onaanvaarbaar lang tyd ondervind, asook die feit dat al hoe meer bewyse aan die lig kom dat Eskom herhaaldelike waarskuwings rakende die potensiële omvang van die krisis blatant en herhaaldelik oor ‘n tydperk van etlike jare geïgnoreer het, rede tot ernstige kommer is en ‘n wesenlike bedreiging vir ons ekonomie in sy geheel is;
(2) voorts kennis neem dat -
(a) werk aan die kragstasie tans in aanbou by Ellisras dreig
om heeltemal tot stilstand te kom vanweë die feit dat
kontrakteurs geen betaling ontvang het vir kontrakwerk wat
reeds afgehandel is nie;
(b) hierdie skokkende toedrag van sake vererger word deur die
feit dat Eskom, ten spyte van hul klaaglike vertoning, die
arrogansie het om hul hoofuitvoerende beampte – wat volgens
alle aanduidings na regte ontslaan behoort te word – te
vergoed met ‘n skandalige salarisverhoging van meer as een
miljoen rand, asook ‘n totaal onverdiende bonus;
(c) die verskoning dat so ‘n verhoging markverwant is, ‘n
belediging is in die gesig van elke belastingbetaler wat die
koste van hierdie uitspattigheid dra, maar nie markverwante
dienste gegun word nie;
(3) glo dat sulke aksies ‘n mens noop om tot die gevolgtrekking te kom dat Eskom hoegenaamd geen begrip of insig het van die omvang en impak van die huidige wêreldwye ekonomiese krisis nie; en
(4) gevolglik daarop aandring dat ‘n dringende ondersoek na die aangeleentheid geloods word. (Translation of Afrikaans notice of motion follows.)
[Mr H B GROENEWALD: Chairperson, I hereby give notice that I shall move:
That the Council –
1) notes that the problems that have now been experienced by Eskom
for an unacceptably long period, as well as the fact that more and
more evidence comes to light that Eskom have blatantly and
repeatedly ignored the potential extent of the crisis over a
period of numerous years, is reason for serious concern and a
genuine concern for our economy as a whole;
(2) further notes that -
a) work at the power station at Ellisras is threatening to come to
a complete stand-still owing to the fact that contractors have
not received any payment for contract work already done;
b) this shocking state of affairs is exacerbated by the fact that
Eskom, despite their miserable display, have the arrogance to
reward their Chief Executive Officer – who according to all
indications should rightly be fired – with a shameful salary
increase of more than one million rand, as well as a totally
undeserved bonus;
c) the excuse that such an increase is market-related is an insult
to each and every tax-payer who carries the cost of this
opulence, but who are not offered market-related services;
(3) believed that such actions forces one to the conclusion that
Eskom does not have any grasp or insight of the extent and impact
of the current worldwide economic crisis; and
4) therefore insists that an urgent inquiry into the matter be
launched.]
The CHAIRPERSON OF THE NCOP: Order, hon members! Just to remind you that a notice of motion is supposed to be one and half minutes long, and if you exceed that then I’ll have to stop you. Members must just understand that, please.
Mr D A WORTH: Chairperson, I hereby give notice that I shall move on behalf of the DA on the next sitting day of the House:
That the Council –
(1) congratulates the Springbok (Ama-Bokke Bokke) Rugby Team on winning the 2009 Tri-Nations series last Saturday; and
(2) congratulates the coach, Peter De Villiers, captain John Smit and the team on their outstanding performance throughout the series and their triumphant victory; and
(3) also congratulates the Homeless Street Soccer Team who won the A C Milan City trophy for the first time. Well done!
UMntwana M M M ZULU: Mhlonishwa Sihlalo, ngiphakamisa ngaphandle kwesaziso:
Ukuthi lo Mkhandlu-
1) uzwakalisa ukukhalela izintombi zakithi ezimpisholo ezazilaphaya
emzini weNkosi noma emzini weNdlovukazi kaMsweli, la kwalimala
khona uMbali Mhlongo waseThekwini kwaNongoma kanye noNoxolo Mbatha
waseHluhluwe, lapho intombi ezincane esizweni samaZulu ziyaye
ziyalwe khona yiNkosi minyaka yonke;
2) uthi-ke uzwakalisa ukukhala emindenini yalezintokazi zaseNingizimu
Afrika, izimbali zesizwe ngokwendlula kwazo emhlabeni ngoba lapha
kwakuzoyalwa izingane ngalolubhubhana olukhona lwengculaza ukuthi
zikwazi ukuzithiba ukuya ocansini ngoba njengesizwe esimpisholo
akufuneki ukulalana nje ngaphambi kokuba kushadwe. (Translation of isiZulu notice of motion follows.)
[Prince M M M ZULU: Hon Chairperson, I move without notice:
That the Council -
(1) would like to convey its condolences to our maidens who were at the King’s palace or at Queen kaMsweli’s palace where Mbali Mhlongo of Durban in the area known as kwaNongoma and Noxolo Mbatha of Hluhluwe passed away when they were attending a ceremony where young girls of the Zulu nation are given advice on good behaviour every year by His Majesty the King; and (2) expresses its condolences to the families of these young maidens who were flowers of South Africa for passing on, because this ceremony was meant to give advice to young girls about the Aids pandemic so that they can be able to abstain from sexual activities because as Africans, it is not appropriate to engage in sexual activities before marriage.]
The CHAIRPERSON OF THE NCOP: In the light of the objection, the motion may not be proceeded with and the motion without notice will now become a notice of a motion.
Mnr M J R DE VILLIERS: Agb Voorsitter, u het vinnig oorgegaan na voorstelle sonder kennisgewing. Ek het nog twee kennisgewings van voorstel. Ek sal berus by u beslissing, maar dan het ek ook twee voorstelle sonder kennisgewing. (Translation of Afrikaans paragraph follows.)
[Mr M J R DE VILLIERS: Hon Chairperson, you proceeded to motions without notice too quickly. I still have two notices of motion. I will abide by your ruling, but then I also have two motions without notice.]
The CHAIRPERSON OF THE NCOP: Have you finished with the motion?
Mr M J R DE VILLIERS: No, I’ve asked for your permission to move two notices of motion and then I also have two motions without notice. The CHAIRPERSON OF THE NCOP: No, put one first and then I will call you again for the other one.
Mr M J R DE VILLIERS: Thank you very much.
Mnr M J R DE VILLIERS: Ek gee kennis dat ek sal voorstel:
Dat die Huis-
(1) kennis neem van die kommer van die Departement van Gesondheid in verband met die advertensie deur ryk lande om Suid-Afrikaanse dokters te trek;
(2) kennis neem dat die Raad op Gesondheidsberoepe … (Translation of Afrikaans notice of motion follows.)
[Mr M J R DE VILLIERS: I give notice that I shall move:
That the House –
(1) notes the Department of Health’s concern regarding the advertisement by wealthy countries to lure South African doctors;
(2) notes that the Health Professions Council …]
The CHAIRPERSON OF THE NCOP: Hon member, you are giving a notice of a motion and we are now dealing with motions without notice. What are you moving?
Mr M J R DE VILLIERS: Chair, I asked for your permission to give notice of a motion first, but also said that I will abide by your ruling. If I should carry on with the motion without notice, then I shall move it.
The CHAIRPERSON OF THE NCOP: Move the motion without notice. We are done with notices of motion.
Mr M J R DE VILLIERS: Ok, I have two motions without notice.
The CHAIRPERSON OF THE NCOP: Now move the first one, then I will call you for the second one.
Mr M J R DE VILLIERS: Thank you very much, Chairperson.
ACTIONS OF ASA OFFICIALS IN CASTER SEMENYA CONTROVERSY
(Draft Resolution)
Mnr M J R DE VILLIERS: Agb Voorsitter, ek stel sonder kennisgewing voor:
Dat die Raad –
(1) kennis neem dat volgens mediaberigte ASA, Atletiek Suid-Afrika, kennis gedra het dat Caster Semenya ‘n mediese toestand gehad het wat haar prestasie in die gedrang sou bring;
(2) verder kennis neem dat die klaarblyklike toets wat in Pretoria gedoen is, nooit aan die Internasionale Vereniging van Atletiekfederasies, IAAF, deurgegee is nie;
(3) ook kennis neem dat dr Harold Adams, ASA se spandokter, mnr Leonard Chuene, die president van ASA, versoek het om Semenya eerder aan die kompetisie in Duitsland te onttrek; en
(4) ‘n beroep op die Minister van Sport en Ontspanning doen om ‘n deeglike ondersoek in te stel na die volle situasie waarin Caster Semenya beland het en ‘n volledige verslag aan die Raad te voorsien. (Translation of Afrikaans draft resolution follows.)
[Mr M J R DE VILLIERS: Hon Chairperson, I shall move without notice:
That the Council –
1) notes that according to reports in the media ASA, Athletics South
Africa, knew that Caster Semenya had a medical condition that would
have brought her achievement into question;
2) further notes that this apparent test, which was done in Pretoria,
was never passed on to the International Association of Athletics
Federations (IAAF);
3) also notes that Dr Harold Adams, ASA’s team doctor, asked Mr
Leonard Chuene, President of ASA, to rather withdraw Semenya from
the competition in Germany; and
4) calls on the Minister of Sport and Recreation to conduct a full
inquiry into the whole situation in which Caster Semenya found
herself and to provide the Council with a full report.]
The CHAIRPERSON OF THE NCOP: In the light of the objection, the motion may not be proceeded with and, therefore, the motion without notice will now become a notice of motion.
CONGRATULATIONS TO SOUTH AFRICAN FILM-MAKING SCHOOL ON THEIR ACHIEVEMENTS
(Draft Resolution)
Mr M J R DE VILLIERS: Chairperson, I move without notice:
That the Council -
1) notes that a South African film-making school, Big Fish Digital
School of Filmmaking, based at Monash University in Johannesburg,
won the category of Corporate Social Responsibility Programme of the
year in the Middle East and Africa;
2) also notes that this honour was bestowed upon the South African film-
making school during a gala ceremony at the 6th Annual International
Business Awards in New York;
3) further notes that organisations and individuals from 27 countries
were represented;
4) recognises that the school was only started in 2003; and
5) conveys its best wishes and congratulations to the school and
everyone involved in their achievements.
Motion agreed to in accordance with section 65 of the Constitution.
CONDOLENCES ON THE PASSING AWAY OF DOTIE SWART
(Draft Resolution)
Mr H B GROENEWALD: Chairperson, I move without notice:
That the Council -
1) notes with profound sadness the death of Dotie Swart, wife of
Blackie Swart, DA constituency chairperson of Merafong City, in a
tragic road accident this morning; and
2) conveys its sincerest and heartfelt condolences to Mr Swart and his
family during this very difficult time.
Motion agreed to in accordance with section 65 of the Constitution.
CONGRATULATIONS TO POLICE AND DEPARTMENT OF HOME AFFAIRS FOR CURBING
CORRUPTION AND FRAUD
(Draft Resolution)
Mrs R N RASMENI: Chairperson, I move without notice:
That the Council -
1) notes that on 15 September 2009 the organised crime unit of the
South African Police Service raided a bogus Home Affairs office in
Ghandi Square in Johannesburg (Gauteng) where dozens of illegally
produced passports, identity documents and other Home Affairs
documents were confiscated and a man who is believed to be the
brother of an immigration official of the Department of Home Affairs
was arrested;
2) also notes that thus far the Department of Home Affairs has
dismissed over 120 personnel for corruption and fraud related to the
production and sale of passports and identity documents;
3) takes this opportunity to congratulate the police and the Department
of Home Affairs for their swift action in curbing corruption and
fraud in the Department of Home Affairs; and
4) calls on the people of South Africa, particularly the personnel in
the Department of Home Affairs, to report those among them who
continue to produce and sell state documents and thus undermine the
security of our nation.
Motion agreed to in accordance with section 65 of the Constitution.
SAPS SPECIAL TASK TEAM AND AIR WING COMMITTED TO FIGHT CRIME
(Draft Resolution)
Mr M H MOKGOBI: Chairperson, I move without notice: That the Council -
1) commends the South African Police Service for deterring what could
have been a cash-in-transit heist at Kameeldrift, Pretoria, on 14
September 2009;
2) acknowledges that the swift reaction by the SAPS special task team
and the air wing illustrates police commitment to fight crime and
make sure that South Africa becomes unbearable for criminals;
3) takes this opportunity to wish the police officer who got injured on
duty defending the interests of the law-abiding citizens of this
country a speedy recovery; and
4) calls upon members of the community to help the police to intensify
its search for the arrest of the other three robbers who fled the
scene.
Motion agreed to in accordance with section 65 of the Constitution.
WEEK-LONG STRIKE BY SARS EMPLOYEES
(Draft Resolution)
Mr T HARRIS: Chair, I move without notice: That the Council -
1) takes note of the week-long strike by SARS employees that ran from
Monday, 7 September 2009 to Friday, 11 September 2009;
2) while noting the right of workers to take industrial action, given
that the deadline for manual tax returns by taxpayers is this
Friday, 18 September 2009, notes that there is evidence that
submission of returns was badly hampered by delays at SARS offices
last week;
3) notes that in addition, several complaints have been received from
businesses regarding equipment manufactured in South African plants
which could not be loaded and that other exports were stuck at
borders and ports of exit, due to the strike action; and
4) calls on SARS to extend the deadline for manual submission of tax
returns by one week to allow for the burden of the delays on
taxpayers, and that the tax authority prioritises its efforts to
get SARS operations registered as “essential services” to prevent
industrial action from negatively affecting business and taxpayers
in future.
Motion agreed to in accordance with section 65 of the Constitution.
PRESIDENTIAL HOTLINE
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Chairperson, I move without notice:
That the Council –
1) notes that on Monday, 14 September 2009, the President of the
Republic of South Africa, President Jacob Zuma, launched a
presidential hotline, 17737, a toll free number for the people of
South Africa to directly inform him about the challenges that they
are facing in their communities;
2) notes that the presidential hotline, which was part of the
commitment that President Zuma made during the election campaign and
in the state of the nation address, is intended to encourage an all-
round improvement in citizen care and liaison and introduce a
culture of putting the citizens first in all spheres of government;
3) further notes that the hotline will be extended to provinces and
include liaison officers for each municipality so that the service
is taken to local government level, including rural municipalities
and districts;
4) congratulates President Zuma for his innovative initiative and his
continued quest to bring government closer to the people and further
inculcate a culture of accountability and principles of batho pele
in the Public Service; and
5) calls on political parties that have started to abuse the number for
political prankstering, for publicity and point-scoring, to use this
important initiative of our people as intended and in a responsible
manner.
The CHAIRPERSON OF THE NCOP: In the light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion.
NEW EASTERN CAPE PROVINCIAL EXECUTIVE COMMITTEE
(Draft Resolution)
Ms A N D QIKANI: Chairperson, I move without notice:
That the Council -
1) notes the successful conclusion of the Eastern Cape Provincial
Conference of the African National Congress in East London where a
new provincial executive committee was elected; and
2) takes this opportunity to congratulate Comrade Phumulo Masualle for
being elected the chairperson; his deputy, Comrade Gugile Nkwinti;
secretary, Comrade Oscar Mabuyane; deputy secretary, Comrade Helen
August; and treasurer, Comrade Thandiswa Marawu.
Motion agreed to in accordance with section 65 of the Constitution.
INTRODUCTION OF PROVINCIAL BUDGETS AND EXPENDITURE REVIEW 2005-06 to 2011- 12
(Statement by Minister of Finance)
The MINISTER OF FINANCE: Chairperson, hon delegates, ladies and gentleman, thank you very much for your warm welcome. I have great pleasure in introducing the Provincial Budget and Expenditure Review to you today.
The tabling of this review in the NCOP provides an important opportunity for South Africans to reflect on our provincial system. It is also useful for us to remember that the current constitutional system is the result of our negotiated settlement. We are now 15 years into our democracy and there is no doubt that great progress has been made on the delivery of services and on the embedding of the system.
No one can deny that there are more children attending school today than at any other time in the history of our country; there are more people accessing health services now than 15 years ago; our housing programme is deemed historic internationally; and there are many such examples of our successes. This year’s review, which we table today, highlights this undeniable progress.
However, as South Africans, we have to look at the next step we have got to take and not just at our achievements. This review also then provides us with an opportunity to reflect on the impact of government spending on the lives of ordinary citizens.
Is the quality of services at a level that has had a lasting impact on the lives of our people? Has the education system, with the expenditure that we have put into it, delivered the skills needed for the economy to grow and to foster social cohesion? Why is it that our education outcomes are lagging behind other comparable countries? Despite the historic delivery on housing, did this contribute to sustainable communities where our people can work, sleep and play in peace? The answers to these questions will, without a doubt, suggest that we have many challenges before us before we can realise the goal of a better life for all South Africans.
I am of the view that the review that I table in this House today will allow you and the NCOP to ask these tough questions and to undertake this interrogation. It should be a tool that you can use effectively to exercise your oversight responsibility, to challenge us and people at provincial level to work smarter and to be efficient and effective in the period ahead so that we achieve the developmental goals we have set for ourselves.
Provincial budgets have increased by R100 billion between financial years 2005-06 and 2008-09. By 2011-12, provincial spending will stand at R339 billion and would have more than doubled since the 2005-06 financial year. The growth in the budget should allow us space to strengthen our education system, ensure effective service delivery on health services and expand social services to our people.
I remain concerned that the outputs and outcomes are not in line with the massive investments we are making. What could be the underlying reasons for this mismatch between the huge sums of money that we have put into education, health and social development, on the one hand, and on the other hand, the social and other outcomes that we expect from it?
What is it that we could do better? What is it that we are not doing correctly? What is it that we are not doing properly in the service delivery chain of our country? These are the questions we all need to ask and ask more vigorously. If we don’t ask these tough questions, we will be endorsing poor performance and we will be endorsing the fact that these billions of rands that we do have and have invested in these various services are not being used productively. When departments in our provinces come to report to us on the funds that we have appropriated, what questions do we ask them and what questions should we ask them? These are difficult and unpopular questions, but I implore you to have these frank conversations in a much sterner way than we might have done until now.
But let’s not focus on the negative; let’s look at the road ahead of us. Yesterday you had an opportunity and the time to look at this document carefully with the assistance of tertiary officials. Today is the time for you to recommit with us to provide better service delivery and ensure that we have better value for money.
I am told that many of you have made very interesting suggestions, and I thank you for that, to address the challenges that we face. Let me highlight some of these: Firstly, there is a need to change the culture of our Public Service from self-serving to serving our communities. One can’t emphasise this strongly enough and we hope that your voices will get much louder than they are at the moment, to ensure that we do, in fact, get better value for money and that hard-earned taxpayers’ contributions to the South African fiscus is not abused, as it might be in many instances.
Secondly, norms and standards should be developed to guide our delivery and these should include norms and standards in terms of the schools that we build, the support that we give to schools and the basic standards for sustainable communities. Here again I think that much more can be done than we are doing currently to ensure that there are universal norms on the one hand, with appropriate deviations where that might be necessary for specific provincial conditions.
Thirdly, there is a need to modernise the delivery mechanisms. Why is it that a soft drink company can deliver soft drinks, or newspapers, for that matter, to thousands of outlets on time without any leakage, and yet our clinics are without drugs and medicines, and our learner support materials arrive late or never arrive at all?
Fourthly, contract management must be strengthened in our provinces. This should ensure that there is alignment between delivery and payment and that we avoid any unwarranted escalation of costs. Not only should there be alignment between delivery and payment, but there should be alignment between payment and real delivery, because many payments take place without any delivery taking place.
Fifth, supply chain management needs to be strengthened. National Treasury and its provincial counterparts will be taking a strong lead in this particular regard.
Sixth, provincial treasuries must on a quarterly basis present their section 32 spending numbers to the relevant committees as a matter of routine, and these committees must align their processes to start building a culture of accountability. I want to offer, on behalf of National Treasury, assistance for your committee to empower you to understand those numbers and to interrogate those numbers and to hold the provincial treasuries accountable.
Seventh, national and provincial governments must also take the lead to realign budgets from noncore to core areas of service delivery. What we need to put a stop to is when money is budgeted for health, it must be spent on health, and not on consultants or frills that a particular political office bearer might have in mind that has nothing to do with improving the conditions in which our people live or the services that they actually receive.
Lastly, there must be consequences for failure in the same way that there is reward for excellent performance. Action against nonperformance must be stepped up. One of the things that South Africans are guilty of is being too compassionate with ourselves, so we don’t take nondelivery or nonperformance seriously and everybody is resting in the comfort that if they don’t deliver it’s ok, their job is still safe and there won’t be any consequences.
Unless there are consequences - and that can be anything from naming and shaming to getting fired - no human being takes any performance requirement seriously; whether that is in the work environment, in the public or private sector, or any other environment, the same rules apply.
So, join us in making sure that there must be consequences for nondelivery, there must be consequences for tender fraud and there must be consequences if you have actually engaged in corruption.
This is a step in the right direction, the kind of conversation that we had yesterday. There should not be any nonaction on our part. Our people cannot continue to suffer while we sit on the sidelines and do nothing when we have the power to do so much more. We have achieved much, as I have said, in the past 15 years and we should build on those strengths and continue to improve the lives of our people and that is that we must be able to bring the promise of a better life for all into being a reality at a day-to-day level for our people.
I believe that the foundation that we have laid over the last 15 years is a very strong and powerful one. We should be proud of the fact that we have actually built a whole new constitutional system in less than 15 years on the kind of negotiated settlement that we have had and that is something that we can write in the history books.
But unless we build on that foundation and unless we progress in the kind of directions that your own comments have indicated, we will lose and chip away at that particular foundation and so I hope that you will work with all of the other office bearers at a provincial and local government level to build on that 15-year foundation. Learn from what this review tells us about our performance and make a commitment to much better performance as we go forward. Thank you. [Applause.]
The CHAIRPERSON OF THE NCOP: Thank you, hon Minister, I actually thought that one of the members would stand up and move a motion about the wonderful workshop we had yesterday. They haven’t done so, but let me repeat the statement that I made in the workshop yesterday.
We started with this workshop two years ago, and it was the first time yesterday that we had an intense discussion on the document that had been given to us. I have never seen members so dedicated in deliberations. Normally when you hold a workshop at Parliament, by 5 o’clock there is no one left as they all have to be at other meetings, or in their offices to take calls, etc.
They were disciplined until the last minute; everyone was there until the end. I want to congratulate them; everyone did a very good job. Even I myself couldn’t slip out to go to all the meetings that I was supposed to attend - I had to stay until the end.
I would like to say to the members that that particular document actually gives us information that will assist us in performing our oversight work function. The Minister is quite correct in saying that we need to use it everywhere we go and ask those hard questions, and not just take it and put it in drawers where it will gather dust. We want to thank you, Minister, for organising that workshop. It was an eye-opener for us.
Last week we had a provincial week – that is where we spend time in the provinces doing our oversight function – and everybody actually said that we should have had this workshop before going to our provinces. Next time we will plan it that way, so that we get this information before we go. Again, thank you very much. I think it was a wonderful workshop. I would also like to thank your staff; please tell them that they have done a very good job. Thank you very much. [Applause.]
HERITAGE DAY: “CELEBRATE CRAFT”
(Subject for Discussion)
The DEPUTY MINISTER OF ARTS AND CULTURE: Chairperson and the Deputy Chairperson of the NCOP, hon members of the NCOP, comrades and friends, the Ministry of Arts and Culture welcomes the opportunity to participate in this debate broadly to reflect on the meaning of Heritage Month to the people of South Africa. Heritage Month represents an opportunity for us as a nation to celebrate our rich and diverse cultural heritage.
It is an opportunity to reaffirm once more that what unites us far outweighs that which divides us; it is time to celebrate the profound power of our cultural heritage to help in the renewal of our society to promote patriotism.
Indeed, throughout this month, we must use our common heritage to promote national unity, reconciliation, and social cohesion, appreciating fully that South Africa belongs to all who live in it, black and white. The theme for this year’s Heritage Month is: “Celebrating South Africa’s craft, our heritage”.
During this month, as the Department of Arts and Culture, we pay tribute, particularly, to the crafters, many of whom are found in rural areas and have made a significant contribution to the development of our country’s rich heritage. This year’s theme presents an opportunity to highlight the socioeconomic impact of the craft industry in our country.
It also seeks to encourage further development and investments in the crafts sector of our economy. This theme recognises that, historically, crafts have been part of the South African economy, especially in rural areas. It takes into account that until recently the role that crafts have played in our economy has not been fully acknowledged.
It is for this reason that this year’s Heritage Month activities are designed to raise awareness about the socioeconomic impact of the crafts sector. The Department of Trade and Industry estimates that South Africa’s crafts sector contributes about R2 billion or 0,14% of South Africa’s GDP, annually.
In addition, the sector provides jobs and income for approximately 38 000 people through an estimated 7 000 small enterprises. The crafts sector can also be used as a catalyst for rural economic development and for fostering expanded participation in the economy, especially by women. This is significant, particularly since one of the key priorities of this term of governance is the development and revitalisation of rural economies.
Furthermore, as the art of designing and producing craft products is handed down from generation to generation, members of communities have an opportunity to work together and impart knowledge and social values to each other, especially the youth.
This contributes to social cohesion and instils the culture of respect, discipline, and ubuntu. It is for these reasons that we continue to say that crafts represent both an economic activity and also a cultural practice.
While crafts made a significant contribution to the economy, it is the middle persons – and not the crafters themselves – that derive the most benefit from this sector. Another challenge which faces this sector is that, currently, most raw materials used in the production of craft products are imported and, therefore, unaffordable for many people.
Access to markets also remains a challenge for practitioners in this sector. Therefore, going forward, our task is to find appropriate responses to this and many other challenges facing this sector.
Since 1994, through numerous agencies, the government has provided resources to help to develop the craft sector of our economy. In the Department of Arts and Culture, through our Investing in Culture Programme, we have spent over R300 million over the past three years to support various crafts projects. This has led to the creation of jobs and contributed towards building sustainable livelihoods. Working together with all stakeholders, including the private sector, we must improve on these initiatives.
Our country is privileged to be home to no less than eight World Heritage Sites, namely, Mapungubwe, Robben Island, Vrede Fort Dome, the Cradle of Humankind, Cape Floral Region, Richtersveld, Isimangaliso Wetlands and Ukhahlamba Drakensburg. We have a responsibility to use these sites to further stimulate tourism in our country, thus contributing to the national effort to create decent work and build sustainable livelihoods.
In this regard, the Department of Arts and Culture as well as the Department of Tourism have begun a process aimed at developing synergies between heritage and tourism. It is important that we do this because tourists are often attracted to a particular cultural and heritage significance.
The highlight of Heritage Month is a Heritage Day celebration that will be held in the Sekhukhune District at the Ntwampe sports ground in the Moroke village in Limpompo. Deputy President Kgalema Motlanthe is expected to address this event.
I, therefore, take this opportunity to wish you, Chairperson, and the hon members a happy Heritage Month. We are looking forward to your continued support as we celebrate our country’s rich and diverse cultural heritage. I thank you very much.
Mr M J R DE VILLIERS: Chairperson, it is indeed an honour to participate in this debate today because it is an opportunity for the DA to say exactly what opportunities there are in our country with its diverse communities. This is a huge blessing received from the hand of God, and we, as His children, must make the utmost of His blessings bestowed upon us.
Let us first look at the meaning of the term “craft” for it to give us an eagle’s view of what we have here. “Craft” refers to a set of opportunities and activities that involve a person’s skill, innovation and dedication to produce a desired object. It is also viable to bring out an art piece which either has a utilitarian or decorative value or even both.
The principal materials used to create crafts are wood, stone, clay, glass, textiles, metal, cement and paper. We find crafts in the categories of handicrafts or traditional crafts.
Craft is as old as human beings. In saying this, we, as people, have lost the real value of what craft could do to promote opportunities, the economy and employment in communities, and what it could do for South Africa. Traditional crafts are done in old ways. Their methods, tools and techniques have been used for centuries. Some crafts are done by modern inventions - with new tools, techniques and media.
Voorsitter, Suid—Afrika het ’n multi-kulturele samelewing en gemeenskap, vol diversiteit en verskille. Juis hierin lê die rykdom wat ons sukkel om te ontgin, omdat ons en ons kinders in moderne ontwikkeling vasgeval het. Ons moet onsself daaruit ontsluit, met ander woorde, ’n balans moet gekry word. Hierdie multi—kulturele karakter het die potensiaal en kapasiteit om ’n noemenswaardige ekonomie te genereer waaruit maatskaplike voordeel vir die nasie getrek kan word.
Die vraag kom soos ’n refrein na vore: Verstaan en gebruik ons die potensiaal en dinamiek van kuns en kunsvlyt ten volle? Juis hierin lê die ope geleentheidsgemeenskap wat so oud is soos die mensdom self en reeds op verskeie gebiede gebruik word. Dit is glad nie ’n nuwe begrip nie.
Kom ons ondersoek hierdie geleentheid verder. Die moderne samelewing stroop ons jeug en volwassenes van die talente wat ons van God ontvang het. Die Bybelse uitdrukking sê: Moenie jou talente onder ’n maatemmer verberg nie. Laat ons van die een penning nog meer maak, en dit lê juis in kuns en kunsvlyt opgesluit. (Translation of Afrikaans paragraphs follows.)
[Chairperson, South Africa has a multicultural society and community, filled with diversity and differences. This is precisely where the wealth that we are struggling to develop lies, because we and our children got caught up in modern development. We need to free ourselves from it; in other words, we need to find a balance. This multicultural character has the potential and capacity to generate a significant economy which could be to the social benefit of the nation.
The question rings forth like a chorus: Do we fully understand and utilise the potential and dynamics of arts and crafts? Herein lies the very open opportunity society that is as old as mankind itself and is being used in various areas. This is by no means a new concept.
Let’s explore this opportunity further. Modern society strips our youth and adults from their God-given talents. The Biblical expression says: Don’t hide your light under a bushel. Let’s use the one penny to make even more, and this can be done through arts and crafts in particular.]
Let us celebrate our crafts and our heritage everyday in the real sense of the word, from the young to the old. South Africa is the best country in which to celebrate an industry that has morphed from an expression of creativity to a form of producing crafts, natural resources and recycled products. Our rich history of cultural expressions is particularly defined in crafts.
A nation is built by celebrating its common identity and pride and by building cohesion and sustainable communities to showcase its museums, galleries, heritage and other tourist attractions. We must never try to erase our history in South Africa, and this characteristic is currently shown by the ANC government in trying to wipe out a certain piece of history in certain areas of our country. We must use history to cause those coming after us to never do it again because of the ills it has created. Our diversity lies in all of this.
National Craft Month is a great reminder to tell the kids about the potential of fun they could have, although they’ve grown widely accustomed to movies and video games as a form of entertainment. Childhood is the most fragile time of our lives, and it is of utmost importance that our kids are well prepared for whatever life has to show them later on.
Kids love making things. Therefore, we must also use this opportunity in our schools. This method of education is less and less seen and used in our schools, and the curriculum must include craft and other forms of handiwork for our learners. The benefits are huge and enormous, such as the following.
Firstly, creativity is healthy and relaxing. It builds dexterity and motor function since one’s hands and mind are used to create. Secondly, creativity relates to lots of mental ideas, problem solving and comprehension.
Dit ontwikkel die mens se selfbeeld en -erkenning. Dit sal juis ons kinders op skool leer hoe om hul verstand te gebruik, hoe om te dink en hoe om te evalueer.
Derdens, kinders leer ook hoe instruksies gevolg kan word, en watter ouer sal nie daarvan hou dat hul kinders hul instruksies en leringe volg nie!
Die doel heilig die middele, en dit is een van die middele wat gebruik kan word om dwelms en bendebetrokkenheid by ons jeug aan te spreek.
Elke jaar in September word Erfenisdag gevier en die regering kies ‘n tema. Vanjaar se tema, “Celebrating Craft, our Heritage”, moet in murg en been, van dag tot dag, van skool tot skool, en van gemeenskap tot gemeenskap vasgevat en ontwikkel word. Die geleenthede wat dit bied, moet ontgin word. Die oplossing vir al die probleme in ons land, lê opgesluit in die diversiteit van die nasie. (Translation of Afrikaans paragraphs follows.)
[It develops one’s self-esteem and self-recognition. It could teach our children who are in school how to use their intellect, how to think, and how to evaluate.
Thirdly, children learn how to follow instructions, and what parent would not be pleased when his or her child was following his or her instructions and teachings!
The end justifies the means, and this is one of the means to address drug abuse and gang involvement amongst our youth.
Heritage Day is celebrated every year in September and government chooses a theme. This year’s theme, “Celebrating Craft, our Heritage”, must be firmly incorporated and thoroughly developed on a day-to-day basis, from school to school and community to community. The opportunities it creates should be developed. The solution to all our country’s problems lies in the diversity of the nation.]
The heritage awards event of this year honours six South Africans for their contributions. The awardees this year are: the late Alfred Nokwe for theatre; Johny Clegg for music and social cohesion; Noria Mabasa, an accomplished sculptor and wood carver; the late Bheki Mseleku for music; Nanda Soobben, a Durban-based animator and arts educator, and Jay Pather for dance. [Interjections.] I thank you. [Time expired.]
Ms M W MAKGATE: Chairperson, let me express my grattitude to the ANC for having entrusted it to me to debate on this phenomenal theme of celebrating our craft, which is very close to my heart. Every year the month of September revives our spirit in terms of taking pride in and valuing our cultural practices and traditions.
Crafts play a vital role in our lives, especially in the rural communities. It promotes the values of ubuntu, social cohesion, and gives us an identity. Furthermore, it promotes tourism and contributes to our economy.
The Freedom Charter says that:
The government shall discover, develop and encourage national talent for the enhancement of cultural life;
All the cultural treasures of mankind shall be open to all, by free exchange of books, ideas and contact with other lands;
The colour bar in cultural life, in sport and in education shall be abolished.
During the dawn of democracy in 1994, we removed all the apartheid clauses that created a division; instead we created a rainbow nation where we could celebrate our diversity and affirm our beliefs that South Africa belongs to all who live in it, black and white.
The above is guaranteed in the Freedom Charter and further affirmed in the Constitution of the country. The equality clause under section 9 of the Constitution provides that the state may not unfairly discriminate, directly or indirectly, against anyone on the grounds of ethnicity, colour, social origin, belief or language.
The celebration of our culture, crafts and heritage has been in existence even long before the democratic dispensation. However, not so much cognisance was given in terms of exercising and demonstrating our heritage proudly to other nations.
After 1994, this sector was given a lot of attention and made a priority. In a global world, arts, culture and heritage are often given high priority as they assist the country in terms of income- generating opportunities.
Originally, crafts were a traditional skill of black people, especially from the rural communities and farms who would manufacture during their spare time. Traditional people have been specialising in work such as indigenous wood items, grass mats, pots and paintings. Gradually people graduated to producing serious traditional beadwork attire such as necklaces, bracelets and belts.
Through this artwork rural communities have been using this skill to express their natural creativity and to generate skills and income. Normally women would gather in small groups and work together, singing or even sharing a pot of food. This has promoted the building of the spirit of ubuntu, unity, peace and solidarity amongst the locals. On a large scale this has contributed to nurture the families and develop their communities.
Boineelo Service Club in Ipeleng, Mamusa Municipality in North West, is where elderly people come together on a daily basis to do handwork at this club. This helps them to exercise their hands and also become mentally strong. This gives them an opportunity to talk about their history.
It is very important to maximise the use of institutions like Mmabana in Mafikeng, which used to be the best in crafts. We cannot allow these centres to vanish. Due to the nature of this trade, it is very informal and not legislated. The producers become vulnerable to manipulation. They become victims. They are always cheated and do not get value for their items, which are normally bought at a very low price from them and sold at a very high price either locally or abroad. From there these items would be exported and branded, yet these are proudly South African products.
It requires of us as parliamentarians to empower our people economically and also give these people the necessary skills, eg, financial management and marketing skills so that they can benefit from their work. We also should look into encouraging young people to take this as a career and give them the necessary support.
This month reminds us of who we are and where we come from. Today we have become very Eurocentric in terms of our dress code, the food we eat, the manner in which we relate to one another, the houses we stay in and even to the extent of the medication we use. We have kind of neglected the value of our origin. It is always of great importance to remind ourselves of our own origin and go back to the basics.
There used to be a difference in the dress code of a married and unmarried woman, but today it is not easy to say that. If we compare the dress code of South African women to that of other African countries like Ghana and Nigeria, they are very proud of their African attire.
The beads that we wear often have meaning. To a large extent, it is believed that our traditional dress code, including the beads, have the power to connect us to our ancestral spirits. In Tshivenda, IsiNdebele, Sesotho and IsiXhosa cultures there is a certain manner in which the community would paint their houses. It’s a technique. They use different colours that symbolise who they are.
We have become more reliant on Western medication and have neglected the value of African herbs and the role they have been playing for centuries in preserving the rural communities. They further have a role in combating diseases such as HIV and Aids, cancer and diabetes.
Ke tshwanetse go tlhalosa gore mo malatsing a a fetileng jaaka Maaforika re ne re na le ditlhare tsa rona tse re di dirisang tse gompieno di fetoletsweng fela mo sekgoeng. Sekai, motekwane o ne o dirisiwa go fodisa sehuba; lengana le ne le dirisiwa go fodisa sehuba; kgobemetsing e gompieno e bidiwang lavender, ke tee e e neng e thusa go fokotsa kgatelelo ya madi le mogalakane o re o bitsang aloe gompieno, o ne o thusa go fokotsa kgatelelo ya madi le mala a a segang. (Translation of Setswana paragraph follows.)
[I have to explain that in the past as Africans we used to have our own medicine that we used which is being westernised nowadays. For example, weed was used to cure flu, lengana was used to cure flu; kgobemetsing, which is called lavender nowadays, is a tea that helped to reduce blood pressure, and mogalakane, which we call aloe nowadays, was used in helping to reduce high blood pressure and stomach ache.]
Let us all enjoy Heritage Month. Thank you. [Applause.]
Mr J J GUNDA: Chair, hon Deputy Minister, indeed the Constitution of our beloved country clearly states that the people of South Africa believe that South Africa belongs to all who live in it, united in our diversity.
South Africa has a rich cultural heritage that is evident in our diverse cultural expressions, oral traditions, craftsmanship, social practices, rituals and festive events, which have always been celebrated and passed on from generation to generation.
We in the ID believe that heritage plays a crucial role in nation-building. Indeed, in our efforts to bring about social cohesion, we will need a return to the Nelson Mandela years of reconciliation so that we can begin to replace mere respect for each other’s cultures with a celebration of these cultures as if they were our own.
We in the ID believe that we must also see Heritage Month 2009 within the context of the global economic meltdown – a phase of recession that has in turn resulted in large-scale job losses. It is imperative that we show solidarity with the poor through our actions. The ID would therefore like to take this opportunity to call on all South Africans to give in the spirit of ubuntu, share what we have and get involved in work that will improve our communities.
As members of the community, we need to focus on local cultural crafts, getting to know our provinces and helping to preserve our heritage. I would like to extend this and say that if you can go to the Northern Cape, to the Kalahari, you can go and see original crafts and the beauty that crafts can do, so that our children can keep this and learn from this.
Heritage Month is a time to reflect on our constitutional responsibility to develop our South African culture. Part of this means nurturing our indigenous languages and supporting South African literature. We must develop all languages to have equal status in our day-to-day lives, and not only equal status in our Constitution.
Allow me to quote from Robert Mangaliso Sobukwe when he said, and I quote:
Here is a tree rooted in African soil, nourished with waters from the rivers of Africa. Come and sit under its shade and become, with us, leaves of the same branch and branches of the same tree. We dare not compromise, nor dare we use moderate language in the cause of freedom.
I thank you.
Mr S H PLAATJIE: Chairperson, hon members, on the 24th September of each year, we consciously remember what each of the cultural groups in our country contributed to the rich tapestry that makes up South African life. It is appropriate that Heritage Day comes at the beginning of the spring season. Africans at home and the Diaspora, irrespective of their colour or their social background, must rise to the call of cultural renewal and celebrate our crafts.
As Eric Arthur Blair puts it, he who controls the past controls the future; he who controls the future controls the present.
Cope acknowledges that 24 September signifies the call for South Africans to reinvent themselves and take very seriously their cultural lessons and values. This House is a microcosm of the diverse and rich cultural heritage, yet how much do we know about each other’s culture?
In Europe, September is also time to remember heritage because without the knowledge of heritage, we cannot know ourselves. This year, Sweden celebrated European Heritage Day on 13 September by focusing on the theme, namely, “Sweden-Finland, a shared history”. Therefore, as Cope, we recommend that we always remember in our celebration of heritage and crafts in this country to acknowledge that the majority of people do not actually take this day very seriously.
But this is not so with the Zulu people. The day of 24 September was celebrated for a very long time as King Shaka Day, and that will happen again this year. It is right and proper that we should dip into history to understand how we became who we are and learn to know who we want to be.
Heritage is priceless, and crafts are also priceless. Heritage cannot be treated in a frivolous manner. Heritage walks with a person and such a person gives and begets respect. The greatest blemish that our country suffers from comes from the rampage of criminality that is prevalent everywhere. Criminals generally have no awareness of culture, history or heritage. Our schools are becoming notorious for violent behaviour. An unawareness of heritage spawns such violent behaviour and criminality.
People who experience no connectedness with iconic figures of the past, music, dance or literature will obviously have no moral compass. Even if what happened in the past was not glorious, it serves to teach and to inform.
Civilisation occurs when we select the positives from the negatives. When people act together for the good on the basis of the good that they inherited, they stimulate arts, culture, music, craft, literature and dance.
For four days in September, people in the UK are offered open doors to castles, churches, houses and other buildings of great architectural value. They pay nothing and are welcome to explore places and buildings that would normally be closed to them. [Interjections.] Thank you very much, Chairperson. [Time expired.]
UMntwana M M M ZULU: Mhlonishwa, Mphathisihlalo, mhlonishwa Phini LikaNgqongqoshe Wezobuciko Namasiko, amalungu aleNdlu ahloniphekile, ngithi thina njengabantu baseNingizimu Afrika singeze sakuphika ukuthi siyizizwe ngezizwe ezinamasiko azo ehlukene.
Esibuye siziqhenye ngakho njengabantu balelizwe ukuthi zivumeleke zonke lezi zizwe nezizwana ezikhona ukuba zenze leyo mikhutshana yazo. Njengelungu elihloniphekile likhulume ngokuthi thina laphaya KwaZulu siyaye sikhumbule Inkosi uShaka. Inkosi uShaka siyaye siyikhumbule njengombumbi nomqambi wesizwe samaZulu lapho kutholakala khona abantu abayizigidi eziyishumi nanye kuleli lizwe laseNingizimu Afrika.
Esingakuphiki ukuthi siyingxenye yezwe laseNingizimu Afrika lilonke kodwa njengezigidi eziyishumi nanye zabantu siyakwazi ukuthi umuntu owahlanganisa isizwe esingangaleso sikwazi ukuthi simkhumbule ngemikhuba yakhe ayenza ukulwela ukuhlanganiswa kwabantu.
Ngithi-ke Mhlonishwa Ngqongqoshe kwizinselele ezibhekene nathi sonke akusho ukuthi uwedwa njengoNgqongqoshe. Sonke njengezakhamuzi zaleli lizwe kufuneka sikukhuthaze ukuthi sibekezelelane uma esinye isizwe sizigqaja ngamasiko aso ngoba iNingizimu Afrika inezizwe ezinhlobonhlobo futhi ngeke sakuphika lokho. Uma singakuphika lokho singabe sikhuluma ilumbo lokuqhatha abantu.
Ngithi ke ngiyamhalalisela uhulumeni ngoba lolu suku usalwenza lwabasemthethweni. Kufuneka futhi uhulumeni ezilimini zomdabu zase-Afrika sikufake ukuthi bakithi ingane uma ingakwazi ukukhuluma ulimi lwayo lwebele isiZulu, isiXhosa noma isiSotho njengolimi lokuqala kuyihlazo esizweni. Ngiyabonga Mphathisihlalo. (Translation of isiZulu paragraphs follows.)
[Prince M M M ZULU: Hon Chairperson, hon Deputy Minister of Arts and Culture, hon Members of this House, we as South Africans cannot deny that we are one of the countries with different racial groups who have their own cultures.
What we are very proud of as the people of this country is that all these racial groups are allowed to practise their customs. As the hon member has said, in KwaZulu-Natal we commemorate Shaka’s Day. We commemorate him as the person who unified and founded the Zulu nation, which count for an estimated 11 million of the population of South Africa.
We cannot deny that we are part of South Africa, but as 11 million people we are able to commemorate a person who founded such a big nation by remembering the battles he fought in, in order to unify these tribes.
Hon Minister, I am therefore saying that you are not facing these challenges alone; we are also faced with them. As the citizens of this country we have to encourage tolerance when one racial group shows pride in its culture because we cannot deny that South Africa has diverse racial groups. If we deny that we would be lying to ourselves and that can cause people to fight.
I salute the government for making this day official. The government also needs to emphasise that with regard to African languages, if a child cannot speak his or her mother tongue which can be isiZulu, isiXhosa or Sesotho as a first language, that is a disgrace to the nation. Thank you, Chairperson.]
The HOUSE CHAIRPERSON (Ms N W Magadla): Thank you very much, hon Zulu. I hope not everybody picked up what I picked up during the interpretation.
Ms R N RASMENI: Hon Chairperson and the House, during the dawn of democracy in 1994, with the removal of apartheid laws, the birth of a new nation in which the celebration of cultural diversity and affirmation of beliefs that South Africa belong to all who live in it, black and white, was realised. The Constitution of the Republic, under the equality clause, section 9, provides that, and I quote:
The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds … ethnic or social origin, colour … belief, culture, language …
Under section 31(1) it further stresses that -
Persons belonging to a cultural, religious or linguistic community may not be denied the right…
a) to enjoy their culture, practise their religion and use their
language ...
I was just reminding the House about this clause. To affirm the above constitutional provisions, the ANC-led government put in place the Chapter 9 institution the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities.
One has to acknowledge the fact that South Africa is a country with a rich cultural heritage. Through the ANC-led government, a space has been created for all cultural groups to enjoy and demonstrate their heritage with no fear of intimidation.
Heritage and crafts have been in existence long before the democratic dispensation. Since 1994 this sector has been given a lot of attention and priority. In the global world arts, culture and heritage are often given priority as they assist the country in terms of recognition of its nation status. Originally crafts were a traditional skill for black people, especially those from the rural communities and farms to manufacture during their spare time.
Traditional people have been specialising in work such as indigenous wood items, grass mats, grass baskets, etc. Through this art work the rural communities have been using their skills to express their natural creativity and to generate skills and income. Normally women would gather in small groups, and work together. While working, they would sing together or even share a pot of food.
These items would be sold to the tourists. They would divide the income generated amongst themselves. Due to the nature of this informal trade, it was not legislated. As time went by the locals became vulnerable to manipulation. They became victims. They could not get value for their items. These items would be bought for a very small amount from the locals and the buyer would sell it at a very high price, either locally or abroad.
In his 1997 Heritage Day address on Robben Island, former President Nelson Mandela, stated inter alia that, and I quote:
In an earlier period Afrikaners celebrated their heritage in song and ceremony; in festivals and carnivals; in the selling of their own wares and buying items associated with their heritage; and by working the history of their communities into everyday artefacts, as the women of Hlabisa weave their stories into baskets.
The ANC strives to facilitate and celebrate cultural production that captures the diversity, complexity and vibrancy of all South Africans and recognises that a flourishing cultural life is vital to the well-being of South Africa. At its 52nd National Conference at Polokwane, the ANC reaffirmed our belief that arts and culture is a cornerstone of any national democratic society and a fundamental pillar in the transformation of our society.
Traditional cultural expressions such as the design and production of crafts are handed down from one generation to another and are constantly evolving, developing and being created within the community. They reflect the community’s cultural and social identity and are created for commercial, religious and cultural purposes. Manifestations of traditional cultural expressions include basket weaving, crafts, instrumental music, songs and pottery.
Crafters have over the years produced a vibrant crafts legacy by using natural resources and recycled products such as plastic bags, paper, cardboard boxes and wire, among other things, from their communities. There’s a lot of new work in traditional media, with artists constantly developing the African crafts repertoire. These include pretty tableware, Christmas tree decorations, magnificent embroidered cloths and also bed linen.
The sculptor Phutuma Seoka is another artist who has taken a traditional form and given it a personal twist. In his case, the carving of figures using the inherent curves and forks of tree branches, common in the Venda region, is used to create a cast of eccentric characters. More than a decade ago Comrade Wally Serote, then an ANC MP, said that the arts and culture in South Africa, if properly organised, could become a very good provider of revenue because there are some arts and crafts which are uniquely peculiar to South Africa. He said we are looking at a possible multimillion rand industry, and that the craft industry would be developed to benefit women in rural areas in particular. He added that these women have the skills, but need resources, infrastructure and business capacity.
The crafts industry has gradually moved from being just a mere expression of individuals’ skills to entrepreneurship. Practitioners still lack protection from exploitation. The imbalances between rural and urban areas must also be addressed.
Lastly, recognising therefore that South Africa is home to a unique and diverse crafts industry that produces a wide range of craft products across different styles and genres, we also realise that it bodes well for rural development, which is one of the priority areas for the current administration. We must not miss the opportunity to highlight the socioeconomic value of the crafts industry and encourage further development and investment in it. I thank you. [Applause.]
The DEPUTY MINISTER OF ARTS AND CULTURE: Hon Chairperson, firstly, let me take the opportunity to thank hon members for their contribution. Quite clearly, everybody said the importance of heritage cannot be overemphasised, but also that we should continue to celebrate heritage on a daily basis.
However, during this month, it is particularly important as we chose the theme of craft to really ensure that the work of all those women in rural areas, who are trying to produce one form of craft or the other, is promoted and that they are protected and exposed to markets beyond our shores.
There are lots of people who come to this country and are impressed by what we produce. They want to buy these goods. We must make sure that our people are not exploited and that they can derive value through money for what they produce. But at the end of the day, the crafts reflect who we are as a nation. As the Department of Arts and Culture, we will continue to promote crafts as part of our heritage in our country, and make sure that we promote crafts from all over South Africa because we are in a process of building one nation. Therefore, it is important that we recognise the diversity that exists.
I want to particularly encourage hon members to visit some of the heritage sites that we have in the country. As I have said, we have more than eight World Heritage Sites. I am sure that members have taken time to visit some of them; if not, please do so. You can take your children and expose them to these important areas of heritage in our own country.
But I want to conclude by thanking members for their constructive contribution to the debate, and agree that going forward we must continue to work together to ensure that our country can continue to thrive as a united country in its diversity - with various cultures. But at the end of the day, we must ensure that we remain a strong nation. Thank you very much. [Applause.]
INTERNATIONAL DAY OF DEMOCRACY
(Subject for Discussion)
The CHAIRPERSON OF THE NCOP: Thank you, Chairperson. Hon members, yesterday the Inter-Parliamentary Union and parliaments around the world celebrated the second International Day of Democracy, declared by the United Nations General Assembly in 2007.
In its Resolution 62/7 establishing the International Day of Democracy, the UN says:
Reaffirming the Charter of the United Nations, including the principles and purposes contained therein, and recognizing that human rights, the rule of law and democracy are interlinked and mutually reinforcing and that they belong to the universal and indivisible core values and principles of United Nations, …
reaffirms –
... that democracy is a universal value based on the freely expressed
will of people to determine their political, economic, social and
cultural systems and their full participation in all aspects of their
lives; ...
3. Encourages governments to strengthen national programmes devoted
to the promotion and consolidation of democracy, including through
increased bilateral, regional and international co-operation, taking
into account innovative approaches and best practices; ...
4. Encourages regional and other intergovernmental organisations to
share their experiences in the field of democracy promotion with each
other and with the United Nations system where appropriate, ...
The International Day of Democracy is meant both to celebrate democracy and to serve as a reminder that the need to promote and protect democracy is as urgent now as ever.
The choice of 15 September for the International Day of Democracy corresponds to the adoption, in September 1997, by the IPU, of a Universal Declaration on Democracy. That declaration affirms the principles of democracy, the elements and exercise of democratic government and the global scope of democracy.
The 2009 International Day of Democracy was held under the theme, “Democracy and Political Tolerance”. In a statement released yesterday to mark this day, IPU President Dr Theo-Ben Gurirab described political tolerance as follows:
… accepting and respecting the basic rights and civil liberties of persons and groups whose viewpoints differ from one’s own. … It is the foundation of democratic dialogue and political pluralism.
This year’s International Day of Democracy has been defined as an opportunity for parliamentarians to emphasise the importance of democracy, what it involves, the challenges it faces as well as the opportunities it offers, and the central responsibility that all parliaments have as the key institutions of democracy; to examine and discuss how well parliament performs its democratic functions, possibly on the basis of self-assessment and identify what steps it may take to strengthen its effectiveness; and to promote awareness and practice of political tolerance within parliament and the greater society.
As noted by the UN in 2007, we are mindful of the central role of Parliament and the active involvement of civil society organisations and media and their interaction with government at all levels in promoting democracy, freedom, equality, participation, development, respect of human rights and fundamental freedoms, and the rule of law.
The Freedom Charter, the seminal document adopted in 1955 and which gave meaning to our struggle for democracy, states that the government of the country shall be based on the will of all people, black and white, and that all adults shall be entitled to a universal suffrage; and that all national groups shall be equal and racialism shall be considered a serious state crime.
In 1994 this dream was realised when South Africa joined the rest of humanity as a free nation. In the 15 years of our democracy we have been applauded for entrenching democratic practices. We have done more than many established democracies in espousing political tolerance. This is not surprising because our struggle for freedom was informed by a deeper yearning for democratic rule.
Bidding farewell to the UN General Assembly in September 1998, our first President and struggle veteran Nelson Mandela, said that in his retirement he would -
… continue to entertain the hope that there has emerged a cadre of leadership in my own country and region, on my continent and in the world, which will not allow that any should be denied their freedom as we were; that any should be turned into refugees as we were; that any should be condemned to go hungry as we were; that any should be stripped of their human dignity as we were.
As we mark the International Day of Democracy, we are reminded of the many in our land and abroad who sacrificed their lives for others to enjoy freedom. We salute the veterans of the struggle who were inspired by the vision enshrined in the Freedom Charter, that the government of the day shall be based on the will of all people, black and white.
South Africa is now a better place, the envy of many nations. As we forge ahead, building our nonracial democratic society, we must continue to work hard to create a better place for present and future generations.
Our democracy will be meaningless if it does not lift our people from poverty. It will be meaningless if the wealth of our country is not shared among all the people.
History is an important teacher for us. Building strong democracy remains our goal as a nation. Central to this is the building of strong institutions of democracy, promotion of political tolerance and ensuring a government that is open and accountable to the electorate.
Parliament, whose role is to oversee the work of government on behalf of the people, is an important institution in the world, and therefore people should regard it as such and respect it.
As President Mandela said, we must –
… not allow that any should be denied their freedom as we were; that any should be turned into refugees as we were; that any should be condemned to go hungry as we were; that any should be stripped of their human dignity as we were.
We should not allow this as parliamentarians. We should guard against it. We should go around in our country and make our democracy stronger, and protect our Constitution that was not just drafted by us as parliamentarians, but by the entire society of South Africa that we’ve engaged in completing this document, which is so wonderful and praised by the entire world. Thank you. [Applause.]
Mr R A LEES: Chairperson, Chairperson of the NCOP, hon members, ladies and gentlemen, it is with a sense of honour and pleasure that I address this august House this afternoon. Like many hon members present here today – and there are not that many present – I have spent the better part of my life campaigning for democracy in our country.
There are those who will argue that South Africa is now a democratic country, and in many ways they will be correct. It is indeed a better country. A democracy, however, is not an event that occurred for South Africa in 1994. It is a system of government which evolved, and continues to evolve; one which requires every one of us to nurture and protect it. It is, therefore, fit and proper that we should celebrate this the International Day of Democracy.
Democracy is not simply government of the people by the people; there is so much more to democracy than that. There are certain core and independent institutions in any real democracy. These are the legislature, the executive - or government - the state, the judiciary and the Press. If even one of these institutions ceases to be independent or to exist, then democracy under these conditions is doomed to failure.
There is a dangerous view amongst many of the people in South Africa that democracy starts and finishes at the ballot box, that once the majority has won, then it is the democratic right of those with the majority to control, not only the legislature and the government, but also all other institutions of democracy such as the SABC, the judiciary and other institutions.
Thus we see the appointment of cadres of the ruling party at all levels in state departments, the JSC, the SABC board, the Reserve Bank and others.
The holding of elections and forming a government does not constitute a democracy. Before 1994, South Africa was no more democratic than Swaziland is today. Elections and governments existed or exist in both, but neither can be called democracies. Largely as a result of the unselfish efforts of our very own hon Nzimande, who is not here today, there is today a disabled person who is a member of the Swaziland parliament. Even so, that parliament is still not part of a functioning democracy.
I spent last week in the company of the Kwa-Zulu Natal delegates to the NCOP; good people, every one of them, with whom I believe I have formed a close bond. Despite these good people, two of us, delegates from Kwa-Zulu Natal, who are not members of the ruling party, were left high and dry on Thursday because the official programme had been cancelled to allow the ANC delegates to attend an ANC workshop.
In a small way, this is an example of the view that interests of the ruling party take precedence over the interests of government. I raise this point not to embarrass my Kwa-Zulu Natal colleagues in any way, but simply to highlight the dangerous mode of undermining democracy that we sometimes find ourselves in.
Some of us will argue that it is the job of both Parliament and government to implement the wishes of the people. In a democracy, the wishes of the people must always be balanced against the requirements of justice, and in particular, justice for every single man, woman and child. A situation wherein the rights of a single person are trodden on in order to carry out the wishes of the people is not a democracy.
The National Socialist German Workers’ Party, the Nazis, in Germany had the support of the people, but it was certainly not a democracy. In South Africa, there can be no justification either for my son to be denied employment simply because he’s a so-called white. How can we justify it when my son is interviewed for job by a large corporation, reaches the final selection, but is then told that despite his suitability for the job, they cannot employ him because he is not African.
Let me say it to you that this manipulation of individual rights to give preference to some South Africans simply on the basis of skin colour is undemocratic and is no better than the job reservation laws of the apartheid government. I say it to you today, ladies and gentlemen, my family and I are African, and no government will ever take that away from us.
What our democracy in South Africa urgently needs is for opportunities to be created for all its people; that is what we need to make it a true democracy.
We all need to grapple with the meaning of real democracy for South Africa, and to try, without rest, to put this into place. We must never again allow our country to slide into the undemocratic state of nationalism.
With God’s help, may we all strive for a nonracial liberal democracy in South Africa. I thank you, Mr Chairman.
Mr A WATSON: On a point of order: Hon Chair, is it in order for a member of the ANC, hon Gamede, during the speech of hon Lees to admit it verbally by saying “Kunjalo” when the member was saying that it is not democracy for the governing party to think they control the judiciary, and by so doing defying the Constitution which says that its not the right of any party to control the judiciary?
The HOUSE CHAIRPERSON (Mr R J Tau): What is your objection? What is the point of Order?
Mr A WATSON: That is a reflection on the Constitution. By saying “Kunjalo” that means it is true that the party that governs this House and this country is not in line with the Constitution, and objectively disrupts the Constitution.
The HOUSE CHAIRPERSON (Mr R J Tau): I don’t have the benefit of the statement that you are referring to, which will make my life very difficult if I am to make a ruling on that. Do you mind if we then allow me to satisfy myself with what you have said and then maybe present the ruling in the next sitting on that particular matter? Also I need to verify the state of order of whatever statement that was made. Is that agreed to? You don’t agree?
Mr D D GAMEDE: Chairperson, we want to agree but it is important that, in the future, members must not raise issues if they have not listened to what other people were saying in this House. Satisfy yourself, because I think he is out of order; it’s incorrect. He has not said that. Please satisfy yourself and give a ruling in this House.
The HOUSE CHAIRPERSON (Mr R J Tau): If we are agreed on that particular process, then let’s conclude it. I think … [Interjections.] Hon Watson … [Interjections.]
Mr A WATSON: Chair, you gave a ruling, and now he says I’m out of order. Rule against him.
The HOUSE CHAIRPERSON (Mr R J Tau): Hon Watson, we had agreed as a House that we are going to proceed in a particular way, and… [Interjections.]
Mr A WATSON: But the member does not agree, Chair.
The HOUSE CHAIRPERSON (Mr R J Tau): No, he is not objecting to that ruling. [Interjections.]
Mr A WATSON: He says I’m out of order; that means he’s not agreeing.
The HOUSE CHAIRPERSON (Mr R J Tau): No, if he had not agreed with the ruling, he would have then said that my ruling was incorrect; but it’s not what he is saying. Hence the ruling stands. Can we proceed with the debate.
Mr D B FELDMAN: Hon Chairman, hon members, it is nearly 12 years since the Inter-Parliamentary Union adopted the Universal Declaration on Democracy.
The IPU did this to affirm the principles of democracy and of the elements and exercise of democratic government. Naturally, the IPU was keen to see the parliaments of the world doing more to entrench these principles within society. Since last year, 40 countries have begun participating in celebrating the International Day of Democracy.
It’s a pleasure for me to stand up this afternoon and affirm the principles of democracy on behalf of Cope. I know that we all share the ideal.
A mere 20 years ago it was not even possible to conceive of such a thought, yet here we are, celebrating democracy. The theme for this year’s International Day of Democracy is “Political Tolerance”. It is common cause that political tolerance is indeed a central tenet of democracy. As such, political tolerance is absolutely essential for the functioning of our parliamentary system and mode of government.
Today, we should not only be mouthing platitudes concerning political tolerance, but should also be reflecting deeply on it and committing ourselves to it without reservation. Our commitment to political tolerance has to be absolute.
Our unique history must teach us political tolerance. The example of the iconic Nelson Mandela must teach us tolerance. The philosophy of ubuntu, to which all of us subscribe, must teach us tolerance. A perfect democrat, in my view, is the person who shows the greatest political tolerance and is open to new ideas for the common good of all.
In our country we have many political parties. Political parties have many disagreements about processes and policies, but never about outcomes. All of us who are here are motivated by a single desire to serve our people in the best possible manner.
As parties, we are therefore united on the outcome we want. Our contestation, therefore, is limited to practice and policies. This is democracy at work, and let us therefore set high standards for ourselves in this regard. We know that it is through debate that the best ideas are born. And where debate is suppressed, the worst excesses occur.
In conclusion, may I propose to this House that we take the cue from Uruguay and launch an essay competition for grade 11 learners on the phrase that appears on the upper walls of the General Assembly, namely:
My authority emanates from you and it ceases before your sovereign presence.
If our children imbibe the principle of democracy, that which we are seeking to build here today will indeed last into the future. Let democracy in our country never falter. Let us, therefore, on this momentous occasion, recall the following stirring words by Nelson Mandela:
Never, never and never again shall it be that this beautiful land will again experience the oppression of one by another. Let freedom reign.
I thank you. [Applause.]
UMntwana M M M ZULU: Sihlalo ohloniphekile waleNdlu, Mnumzane uMahlangu osihola kulezi zinkulumompikiswano, namalunga ahloniphekile aleNdlu,ngithi thina lapha njengezwe laseNingizimu Afrika siyazi ukuthi inkululeko yethu sayilwela kanjani ngendlela ezehlukene kule lizwe.
Ukwehlukana kwemiqondo yethu sasilwa nabantu ababodwa-nje, nabantu ababodwa ababezama ukusikhubaza nokusikhinyabeza ukuthi ezweni lethu sibe yizihlupheki. Kepha angeke sakubamba lokho ngoba sesalilwela lelizwe futhi sesikhululekile sonke. Ngiyazi ukuthi ngonyaka ka1994 kwakungokuqala ukuthi ngivote kule lizwe ngivotela uhulumeni wentando yeningi. Uhulumeni usekhona manje kufuneka sazi ukuthi bab’u Mahlangu, impilo yentando yeningi emazweni womhlaba yilapho kuphikiswana khona. Kodwa ukuphikisana kwethu akungasho ukuthi kufuneka sibambane ngezandla kodwa silwa impi yamazwi ukuze sikwazi ukuthi uhulumeni obusa ngaleso sikhathi abesendleleni okuyiyona yona.
Akungasho ukuthi kufuneka ngigxeke ngephuzu lokuthi kufuneka ngizuze amaphuzu ezepolitiki yini ohlangothini lwami kodwa kufuneka ngigxeke ngokwakhayo uma kugxekwa ukuze kwakhiwe kuyiwe phambili. Ngithi-ke sonke lapha kufuneka siyijabulele inkululeko yethu sikwazi futhi ukuyigada ukuze sibone ukuthi kuhamba kanjani ezintweni eziningi. Ngoba inkululeko ihamba ihambe ibenomkhawulo.
Uzakwethu uthe Isahluko 9 soMthethosisekelo nezinye izinhlangothi kufuneke ziyekwe zisebenze nje. Hayi! Mina ngithi cha! Cha! Ngeke kuthi uhlelo lwezobulungiswa luyekwe nje lusebenze ngaphandle kokuthi lugadwe nguhulumeni ngoba uma kungenzeka lokho ngoba sonke sophelela emajele singabantu ngenxa yentando yemantshi ethile eyodwa noma ngomeli othile. Ngiyabonga. (Translation of isiZulu speech follows.)
[Prince M M M ZULU: Hon House Chairperson, hon Mahlangu who is leading us in the debates and the hon Members of this House, we know as the people of this country how we used different strategies as different people when we fought for our liberation.
We used different strategies in our fight against a group of people – we were fighting a group of people who were trying to cripple us so that we could not prosper; they wanted to make us impoverished in our own country. But we are not going to hold on to that now because we have fought and won and we are all free now. I know that I voted for the first time in 1994 when I voted for this country’s democratic government. We have a democratic government now, hon Mahlangu, and we must be aware that in a democracy there are disagreements, and that happens all over the world. But our debates should not necessarily end up in physical fights but we should engage one another so that the government of the day can stay on the right track.
It should not mean that I need to criticise for the sake of scoring political points, but I must criticise constructively when there is a need to do so, so that we can go forward. I am saying that all of us here must be grateful for our freedom and be able to safeguard it by seeing to it that everything goes well because at times freedom has its own limitations.
My colleague said section 9 of the Constitution and other parts thereof must be left unchanged. I disagree with that. We cannot allow the justice system to function without being monitored by government because if that happens many people will end up behind bars because a magistrate or a lawyer did as he/she pleased. Thank you.]
Mr J J GUNDA: House Chair, Chair of the NCOP and hon members, let me start off by saying that the International Day of Democracy is a time for all of us around the world to reflect on the value of democracy.
What is also important is that those of us who are fortunate enough to live in a democracy need to look at ways in which we cannot only strengthen our own democracy, but also show solidarity with our fellow human beings who are still living in undemocratic societies.
It is up to each and every one of us to ensure that the flame of democracy is lit throughout the world and burns brighter and brighter.
Democracy is government by the people; a form of government in which the supreme powers vested in the people are exercised directly by them or by the elected agents under a free electoral system; a state of society characterised by formal equality of rights and privileges, political or social equality and democratic spirit; democracy is about the common people of the community, as distinguished from any privileged class; and the common people with respect to their political power.
Democracy needs to deliver on the aspirations of the people and form part of the drive for the creation of a more socially and economically just world.
Here at home, this is an auspicious day on which we should celebrate our people’s freedom from oppression and the fact that we overcame a racist, undemocratic regime and replaced it with a democratic dispensation.
Our unique and impressive story is an example to nations around the world. We, in the ID, believe that democracy is not true democracy unless it is a purveyor of social and economic justice.
As an example to other nations in the Third World, South Africa has a leading role to play in negotiations around fair trade and climate change.
We also cannot allow the recognition of our position as a role model to other nations to stand in the way of honesty when it comes to the living conditions of our own people. With more than half of our people living in abject poverty, it is clear that our democracy has not yet translated into something tangible for our people.
Only once we have ensured that increasing numbers of our people taste the fruits of our democracy will we be able to say that as public representatives we have achieved what our people trusted us to deliver.
We have certainly seen some improvements in the lives of our people, but we still have a huge amount of work to do. And until that work is done, true democracy will remain a reality only for the upper echelons of our society. We, in the ID, would therefore like to recommit ourselves to the task at hand.
Let me also just agree with hon M J Mahlangu that we need to have political tolerance so that we can respect each other, so that we can have a better life. I thank you. [Applause.]
Ms B V MNCUBE: Chairperson, hon members, on 18 November 2007, the 192- member UN General Assembly, stressing the need to promote democratisation, development and respect for human rights and fundamental freedoms, agreed to observe 15 September each year as the International Day of Democracy.
In addition, the Assembly affirmed that democracy is a universal value based on the freely expressed will of people to determine their own political, economic, social and cultural systems and their full participation in all aspects of life.
The quest of the ANC for a better Africa and a better world derives from the internationalist tradition, with its origins in the Freedom Charter, which states that “There Shall be Peace and Friendship!” and that-
South Africa shall strive to maintain world peace and the settlement of all international disputes by negotiation – not war …
South Africa’s geopolitical location continues to shape and inform this agenda for a world order which must be characterised by greater security, peace, dialogue and greater equilibrium between the poor and rich.
In this, we are guided by the ANC’s principles of a better life for all and a vision of a better Africa and a just world, hence our country entered a global discourse with a clear reform agenda and with a view to promoting the democratisation of international, political and economic relations.
South Africa, while cognisant of its status as a middle power on the global stage, has deliberately set out to confront the global realities of a skewed distribution of political and economic power, mass poverty and conflict resolution. It is committed to the promotion of human rights, to democracy, to Africa and to international peace through participation in the global system of governance.
To this end, and recognising the relationship between armed conflict and poverty, the ANC has prioritised the reconstruction of Africa, particularly where internal and armed conflict, poverty and underdevelopment militate against democracy, peace, stability and development.
History informs us that parts of the African continent, especially postcolonial Africa, have been subjected to dictatorships, armed conflict, ethnic wars and genocide. This culminated in the displacement of her peoples, concomitant outbreaks of disease, hunger, and the absorption of millions of refugees in countries that were perceived to be safer.
As a signatory to the African Charter on Democracy, Elections and Governance, we have, as a country, reaffirmed our commitment to the relevant decisions of the OAU: the 1999 Algiers Declaration on Unconstitutional Changes of Government, the Lomé Declaration for an AU response to Unconstitutional Changes of Government, and the 2002 AU Declaration on Principles Governing Democratic Elections in Africa.
In fact, the preamble to the African Charter commits the member states of the AU to the principles enshrined in its Constitutive Act, particularly the articles which emphasise the critical importance of good governance, popular participation, respect for the rule of law and upholding human rights.
It places obligations on African countries in relation to the holding of regular, transparent, free and fair elections; the separation of powers; the promotion of gender equality in public and private institutions; effective participation of citizens in democratic and development processes and governance of public affairs; the condemnation and rejection of acts of corruption, related offences and impunity; and the condemnation and total rejection of unconstitutional changes of government.
It currently remains uncertain as to how many countries actually ratified the Charter. Although the Charter does provide for state parties to initiate measures, including legislative, executive and administrative actions to bring state parties’ national laws into conformity with itself, it leaves a lot to be desired.
It can therefore be argued that the African Peer Review Mechanism, established by Nepad as an instrument for voluntary self-monitoring for good governance by AU member states, was neither adequately applied in terms of its injunctions, nor addressed by parliamentarians on the continent.
But, even so, in all countries, democracy is about much more than a single decision or a hastily organised election. It requires a deeper process of political development to embed democratic values and culture in all parts of society and a political maturity to sustain it.
In fact, let me correct hon Lees by pointing out that the apartheid regime never practised democracy. It protected only the few at the expense of the majority of South African citizens, Africans in particular. So, real democracy was ushered in by the ANC, for the people, by the people, for the people’s power, in 1994.
In South Africa, under the ANC-led government, the Constitution has enshrined a number of institutions supporting constitutional democracy. These include the Public Protector, the Auditor-General, the Public Service Commission, the Human Rights Commission, the Commission for Gender Equality, the Independent Electoral Commission and the Commission for the Protection of the Rights of Cultural, Religious and Linguistic Communities, and the Hawks – formerly known as the Scorpions.
The independence and impartiality of these institutions are entrenched in the Constitution. Hon Lees, mazambane. The three pillars of democracy are Parliament, the judiciary, and the executive.
It is of great significance that Parliament has ensured maximum public participation and public accountability, which is central to democratic governance. Public participation enables popular participation by nongovernmental organisations and institutions, various stakeholders and all those who have an interest in various pieces of legislation, specific debates and the performance of the state in general.
Public accountability has ensured that there is transparent and robust debate and scrutiny of government actions. Overall, the transparent functioning of particularly select committees of this august House and the dedication of parliamentary activists has deepened accountability.
In conclusion, let us always remember that it was the ANC who introduced the Freedom Charter. I heard my hon colleague from Cope quoting from the Freedom Charter. The first systematic statement in the history of our country of the political and constitutional vision of a free, democratic and nonracial South Africa can be found in the ANC’s 1989 Constitutional Guidelines for a Democratic South Africa.
That document stated that the creation of a truly just and democratic South Africa required a constitution based on, among other principles, a Bill of Rights and that such a Bill of Rights should guarantee the fundamental human rights of all citizens irrespective of race, colour, sex or creed. I thank you. [Applause.]
The CHAIRPERSON OF THE NCOP: House Chairperson, I thank all the members of the House for supporting this debate. I think everybody has driven home his or her point. However, I just want to say a few words. If one listened to me very well, I said quite a few things that I quoted from other people. I think those things are very important in democracy.
Firstly, I said that when the chairperson of the Inter-Parliamentary Union, IPU, Mr Gurirab, was celebrating this day last week he said that democracy is accepting and respecting the basic rights and civil liberties of persons and groups whose view points differ from one’s own. That is very important. We will never agree on everything in this world. We will always differ. But differing does not mean hating each other, neither does it mean fighting each other. That is what democracy is about.
We don’t have the same minds as we are seated here. Every one of us has a unique way of thinking. These things are normal. For example, I normally have a fight with my wife as well as my children. But I’ve never chased them out of our home. It is their democratic right to question some of the things that I do as much as I have the right to question some of the things that they do. At the end of the day we sleep together, and we’ve got a very happy family. [Interjections.] That is all it means.
There are people who are so self-centred and selfish because they want to be recognised as individuals. We shouldn’t be doing that because we would be killing democracy. All these views from the different walks of life that we are living as people in this country are very important. That’s a viewpoint which I have expressed, and I put it very clearly.
Also, I said we are mindful of the central role of parliaments and the active involvement of civil society organisations and media. I have said it here; it’s in my statement. I am reading from my statement about their interaction with government at all levels in promoting democracy, freedom and equality. They should not be destroying.
There are those who destroy. Building this democracy is not an easy thing, but destroying it is a very simple thing. I’m talking about promoting and not destroying these things: freedom, equality, participation, development, respect of human rights and the rule of law. We have to promote these issues, and we have to talk about them.
We must tell those people who are destroying them that they are wrong. Let’s not go to restaurants to have dinners with such people and tell them they are right whereas we, as public representatives, know that those things are wrong and are destroying our Constitution. As I have said, the Constitution is a lovely document drafted by the people of South Africa, and we respect it.
I also quoted the former President, Mr Mandela, who said we must never allow - not just himself but all of us here as public representatives - that any should be denied their freedom as we were denied ours in the past; that any should be turned into refugees as has happened in the past; that any should be condemned into going hungry as we did in the past; or that any should be stripped of their human dignity.
We must not allow those things. All of us as public representatives must protect these rights as they are enshrined in the Constitution so that our dignity will remain intact and we can be proud citizens of South Africa. I thank you, House Chairperson. [Applause.]
Debate concluded.
TEMPORARY SUSPENSION OF PROCEEDINGS
(Announcement)
The HOUSE CHAIRPERSON (Mr R J Tau): Hon members, you might have noted that there is a second order, but we can’t continue with it because the Minister is absent. However, I have been informed that she is on her way. Therefore we request a suspension of the proceedings for the next five minutes or so.
The CHIEF WHIP OF THE NCOP: I support what the House Chairperson is saying.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON ECONOMIC DEVELOPMENT -
OVERSIGHT VISIT TO HARMONY GOLD MINE ELAND SHAFT IN WELKOM
The MINISTER OF MINING: Chair, please accept my apology for running late. Sometimes programmes tend to clash, so I once more tender my apology for coming a bit late.
Hon members, today’s debate deals with issues of illegal mining. Theft of gold and illicit mining is nothing new in South Africa, as theft has been occurring since the inception of the gold mining industry.
Illicit mining in South Africa started to gain momentum from the late 1990s. Illicit mining first reared its ugly head in Welkom as far back as
- The department and mining companies have been working together over the last decade to put an end to this problem, but with little success. The recent unfortunate loss of 91 illegal diggers’ lives in Welkom has again put into sharp relief the scourge of illicit mining, and has focused public attention on the issue like never before.
Illicit mining poses serious challenges for the industry. This issue is extremely complex and it should not be underestimated. Illegal mining is a huge multibillion rand criminal industry featuring national and international syndicates and is valued at some R5,6 billion.
These gold smuggling syndicates are highly organised, dangerous and well resourced. When considering the question of how these syndicates manage to transport food and other consumables deep down into the mines, it is clear that illicit mining is being assisted by legal miners, both workers and managers.
Explosives and equipment are also transported and stolen from underground stores of operating mines. Thousands of diggers – many coming from Lesotho, Mozambique and Zimbabwe – are willing to risk their lives to profit from these illegal activities.
These illegal diggers are armed and dangerous. We want to send a clear message that poverty cannot be an excuse for criminal activities. I want to make it clear that all those involved in illegal mining are no different from those ruthless criminals involved in cash-in-transit heists who mercilessly kill our policemen and policewomen.
In Barberton, in the province of Mpumalanga, illegal diggers are now taking over equipment and work places. They openly carry a huge number of weapons, including AK47s and 9mm pistols. Intergang fights and shoot-outs are now a daily occurrence in this area.
Confrontations between illegal miners, the police and security personnel are becoming more frequent. Legal miners have also been abducted in Barberton and illegal miners use human shields when confronting the police. In Welkom, booby traps using explosives are set for the police and security personnel.
Therefore, illicit mining is also spilling over into illegal activities, including child prostitution and child labour. Both employees and communities are experiencing serious threats where illicit mining takes place. These illegal activities are impacting negatively on the economy, robbing our country and its people of valuable resources which could otherwise have been used to improve the lives of our people.
The sophistication of these gold smuggling syndicates cannot be underestimated. The so-called zama zamas are the diggers recruited from the ranks of experienced, unemployed miners, and are known to stay underground for up to a year. They protect their turf from other illegal miners or threaten and attack legal miners.
At another level, local gangs are also involved in, amongst other things, recruitment and the supply of food and basic necessities underground. This creates networks of mine officials and security guards who receive bribes for their support and even provide legal support to arrested illegal miners.
The local syndicates interface with the exporter who then smuggles gold out of the country. The smuggled gold then changes hands with intermediaries or front companies and ends up with international buyers. These illicit mining activities threaten to undermine the country’s economy, and social and security policies which have been coined, not only for enhancing the Republic’s reputation as an investment destination of choice, but also for its citizens to enjoy the fruits of our democracy.
To this end, this government has taken decisive steps to ensure that we deal firmly with illegal mining. On 2 June 2009, we visited Welkom immediately after receiving the news of the 36 deaths there, to see for ourselves and get a first-hand understanding of the issue.
We visited Welkom again, on 13 June 2009, to discuss the issues with a wide range of role-players, including the local communities, municipalities, business people, mining companies and trade unions. Representatives of the SAPS, both nationally and provincially, were also in attendance.
Subsequent to that, we established the Free State Illegal Mining Stakeholder Forum, constituted by community leaders, organised labour, municipalities, mining companies, the Department of Mineral Resources, and the SAPS as well as the Department of Justice and Constitutional Development. Other relevant departments are also consulted to provide assistance where necessary.
The Free State Illegal Mining Stakeholder Forum has since developed an action plan to eradicate illegal mining activities in the region. The stakeholder forum continually monitors progress made on the implementation of the action plan by the relevant stakeholders, as a sign of the forum’s success. There are now reports that illegal miners have been migrating to the West Rand in Gauteng.
Having been presented with this matter, Cabinet noted the serious nature of the threat that illegal mining poses to the country, and took a decision that the matter be attended to by the Justice Crime Prevention Security cluster, the relevant structure to deal with this criminality.
We have since presented this criminal matter to the Inter-Ministerial Security Cluster, which agreed, amongst other things, that the newly-formed Hawks must take over and investigate illicit mining in its totality; that relevant legislation must be applied without fear or favour to deal with racketeering, money laundering, illegal possession of minerals and so on; and that an investigation should determine whether or not local police and prosecutors in the relevant magisterial district are involved with the illegal mining syndicates.
A delegation of Ministers of the JCPS cluster and I will soon visit some of the affected areas to assess for ourselves what else can be done to deal comprehensively with the issue of illicit mining.
In conclusion, I want to assure this House that my department and, indeed, this government of South Africa, have taken decisive steps to tackle the issue of illegal mining head-on. However, I also want to assure the criminal syndicates involved in illegal mining that we have resolved to crush them. We are determined, we are strengthened and we will continue in our efforts. They will continue to feel the heat as government closes in on them, until they stop robbing our people of the minerals that, as per the Freedom Charter, belong to them. I thank you. [Applause.]
Mr F ADAMS: Hon Chairperson, hon Minister, hon colleagues, let me start by thanking the Minister for making herself available for this debate about the report. Illegal mining has taken a lot out of our country in terms of finance. Research has shown that R10 million leaves the country per year.
Thank you, Minister, for your consideration. It shows that government, the ANC-led government and the ANC Ministers are really passionate about delivering on the instructions that they got from the President and from the ruling party.
It is quite strange because this illegal mining activity happens on privately-owned mines. The Minister could have just folded her arms and said, “It’s privately-owned property, they must deal with it!” But because – and I want the DA to listen, especially hon Faber and hon Watson - we have a caring government that does not only care about money, but cares about the people of South Africa as well, the Minister took those steps.
Hon Watson, if you listened, you would have heard what steps Minister has taken. Hon Watson and hon Faber, the Minister took proactive steps!
The DA is criticising, but doesn’t come up with solutions to the problems. The ANC and the Minister took steps to curb this. As I said, it is privately-owned property! We need to give the DA a lesson on the distinction between state- and privately-owned property.
Without any waste of time, I want to put the recommendations of the committee. The committee has sat and felt that a debate is necessary because this is of national interest. The committee has come up with certain recommendations. I would like to thank the members of the committee who have been proactive, who went to Welkom and engaged with various people there.
The committee has recommended that the Department of Mining and the Department of Police should report back to Parliament. Thank you, Minister, for doing that. Thank you for the willingness you have shown on a regular basis regarding the progress made in respect of remedial steps taken by the state, mining houses and mine owners to combat and prevent illegal mining, and improve the security and safety at mines.
Parliament needs to tighten the laws pertaining to the Justice cluster, and the Minister has alluded to that. Thank you, once again, Minister.
Hon Sinclair, be assured, I am not an imbongi for the Minister, but we need to give praise where it is due. You could see that she is a hands-on Minister. She is not a Minister who serves the “congress of the people of Europe,” as one of your colleagues has spelt it out. She is a Minister for the people of South Africa.
THE HOUSE CHAIRPERSON (Mr R J Tau): Order! Is that a point of order?
Mr D V BLOEM: I am confused. I don’t know whether it is a Member of Parliament or an imbongi who is at the podium because it sounds like an imbongi and not a Member of Parliament.
THE HOUSE CHAIRPERSON (Mr R J Tau): I am not going to carry that. You may continue.
Mr F ADAMS: The hon Bloem is confused. He was a member of the ANC until 22 April 2009, and he said that he did not know how his name appeared on the list. He is totally confused. They are a confused “congress of the people”. I don’t think I need to answer him on that.
As I said, I’m not going to answer hon Bloem because he is totally confused. You cannot say, “I don’t know how my name appeared on the Cope list” and the next thing you are sitting in the ANC chairs. That is total confusion. If the ANC didn’t take the necessary steps, I don’t know what would have happened. [Interjections.]
The proper terminology must be defined and agreed upon in the various sectors, as the Minister has alluded to. There should be co-operation between mining houses, labour unions, the SAPS and the Department of Justice. The SAPS should perform top-level arrests and name and shame syndicate kingpins.
The Department of Minerals and Energy must force licensed gold dealers to keep a register of buyers and sellers. Mining companies should tighten up security and invest in proper security systems. The Mine Health and Safety Inspectorate should be strengthened in order to implement effectively the Mine Health and Safety Amendment Act, Act 74 of 2008, and to investigate and enforce compliance with the Act, which will hopefully result in reducing occupational injuries and ill health.
The Mine Health and Safety Amendment Act should be amended to increase the fine for noncompliance in respect of the safekeeping of explosives from the current R200 000 to R1 million. Underground security patrols should be encouraged. Security should be increased at functioning mines, including search procedures, to prevent the theft and smuggling of equipment and explosives.
The shortcomings in dealing with illegal mining need to be addressed, especially gaps in current legislation. I put this report before this House for support. Thank you. [Applause.]
Ms E C VAN LINGEN: Chairperson, hon Minister, it is good to have you here, hon members. As the NCOP committee, we visited the Eland Shaft, and we were briefed by all stakeholders except the zama-zamas. Those who were underground would not speak to us and those that were above ground were dead - a lot of them. They died at the beginning of June.
We found out about three major things at the shaft. The illegal mining industry is growing fast; the second issue was that it is organised crime on a big scale. I don’t know if I heard the Minister correctly. She spoke about R5,6 billion. The figure that was mentioned to us was R10 billion, so it varies a bit. Billions! Yes, it’s a big industry. Until these unfortunate deaths, the ANC and the Department of Mining had been turning a blind eye to all of this. [Interjections.] It has been coming for a long time; illegal mining is a big contributor to organised crime in South Africa, and it needs to be stopped.
The so-called zama zamas channel an estimated R10 billion each year into the hands of criminal syndicates. These funds go into drug distribution, prostitution rings and all other sorts of unsavoury practices – in short, activities that make South Africa a more dangerous and unlawful place.
It is obvious that cutting down on these activities would have a drastic and immediate effect on the ability of organised crime to function and will, therefore, improve the security situation in South Africa. Rather than spending millions upon millions of rands on government VIP protection, the people of South Africa would be much better served if crime could be tackled at its roots.
In order to do this, the DA happens to be agreeing with the Minister. We would like the Hawks to form a special unit, and this is what we are proposing, to exclusively clamp down on the zama zamas. The case for such a unit is clear. It is a relatively specialised area, and it is a source of criminal funding that can be turned off if policed correctly.
Up to now, the government has had its head in the sand, so to speak. There has been no political will to curb the spread of illegal mining at these decommissioned mines, thereby creating a huge gap to fill the pockets of criminals. The Department of Mining is clearly incapable of dealing with this matter, and is either unwilling or unable to take action against this problem. It is true that monitoring the decrepit mines may be seen as counterproductive to a country that needs all of its security resources available. But the argument is clear; stop this huge influx of funding to criminals and organised crime will be reduced.
South Africa needs to be smart about how we are going to tackle the enormous crime problem. Merely waiting for something to happen, as the Department of Mining has done until the beginning of June, is not going to solve anything. On the contrary, the problem is getting worse and is getting more difficult to clamp down on it, as it is becoming more entrenched.
Some may argue that clamping down on illegal mining is unfair because these people are merely scavenging the remains of old mines. This argument does not hold up, especially since organised crime is part of the package. Unemployed people are severely exploited, often having to stay underground for up to six months. The Minister said it is double that time, so let us believe her. It is inhumane and surely falls beyond the ANC’s conception of decent work.
The DA will take the matter further as the zama zamas are becoming everybody’s problem. The government needs to do something.
In closing, the DA sympathises with the families of those zama zamas who died so tragically early in June this year. These deaths are placed at the door of the Department of Mining. It took these deaths to bring the horse to the water, and now we will help the horse to drink the water! I thank you. [Applause.]
Mr K A SINCLAIR: Chairperson, hon Minister and hon colleagues, in a recent interview with the Mail & Guardian published on 15 June 2009, Sipho Mahabane, who has been involved in this activity for four years, admitted that, and I quote: “There’ll always be a demand for gold on the black market”. He continues by submitting that gold smugglers from Limpopo and foreign gold smugglers, mainly from Mozambique and Zimbabwe, and local businesspeople control the illegal mining operations in the area. He says that the kingpins operate syndicates which include legal miners, shift managers and security guards. These kingpins regularly visit the now notorious G Hostel.
That is according to Mahabane, who is one of the thousands who are involved in a R10 billion industry. Taking Mahabane’s admission as a true reflection and synopsis of the daily life of an illegal miner, the purpose of the visit to Welkom on 7 July was to assess the unacceptable situation, which includes the tragic death of many, but also the loss of millions of rands of revenue to the state. It is necessary, Chairperson, to ask three critical questions. Firstly, who and where is the market for this R10 billion activity? Secondly, what is the role of the formal mining sector and mining houses in this illegal activity? Thirdly, why can’t the notorious G Hostel be decriminalised? The recommendations of the committee, supported by Cope, certainly strive to answer these questions and challenges.
It is, however, necessary to add to these recommendations by suggesting that a specialist unit of the SAPS be considered. It seems that the SAPS is involved and, in some instances, highly infested, regarding these investigations and activity.
This is also applicable to the approach regarding the G Hostel, and the inability to decriminalise the alleged bastion of criminality in Welkom and in the Free State.
Chairperson, it’s necessary that the hon Minister, the Cabinet and government must seriously engage and also come up with suggestions and recommendations with regard to how to address this unacceptable situation. The one issue that needs to be addressed is the quantum of these activities. I heard hon Adams speak about R10 million, the Minister spoke about R5,6 billion, and our activity indicates R10 billion. But we know hon Adams by now. He always gets confused by a zero here or a zero there. [Laughter.] But we don’t blame you for that. Chairperson, we accept his chairpersonship, and we want to thank him for taking us with; it is not always that Cope has the privilege to travel with the ANC. We are always sidelined.
Chairperson, in conclusion, Cope is supporting this report, and we trust that these recommendations submitted by the committee will not only stop the illegal mining activity in Welkom, but also in the rest of South Africa, including the diamond and the platinum industries. I thank you. [Applause.]
Mr B A MNGUNI: Chairperson, hon Minister, colleagues, in the Freedom Charter we said: “The people shall share in the country’s wealth!” However, are we sharing in the country’s wealth? We also said in our manifesto that we will fight against crime and corruption. Now, look at the zama zamas; where do they come from?
Let us look at the background of being in a recession and that the mines have been closing down for the past 10 years and the zama zamas have been there since the apartheid days. As a miner in those days I used to work at some stage at Eland mines. We were visiting G Hostel and the zama zamas were there. What did the apartheid government do? Nothing! [Interjections.]
The ANC government and this committee went down there because it cares for the people. [Interjections.]
THE HOUSE CHAIRPERSON (Mr R J Tau): Order!
Mr B A MNGUNI: As you move over, you realise that financial crime has forced most of the mining projects to be mothballed because the investors did not have money or they were doubtful about investing huge amounts of money because of the credit crunch.
Also, because of the retrenchments that have been taking place, over 300 miners have been retrenched. Most of those miners are from Lesotho or Mozambique. Those people don’t go back home and therefore end up around the mining area. That has resulted in unemployment increasing as rated in the Human Development Index, HDI. In other words, the standard of living deteriorates because most of the activities around those towns are linked to the mines. The problem is: Whose responsibility is that?
The hon Sinclair says the government has turned a blind eye. We never turned a blind eye. We would not have gone down there if we had turned a blind eye. [Interjections.] Excuse me, hon member - I wanted to say the hon Van Lingen. The fact that we did go down there to investigate was to show that we care about the lives of the people and we care about making a better life for all.
The Gini coefficient in South Africa is one of the highest, irrespective of the fact that the per capita income in South Africa is the highest in the whole of Africa. The reason for this is that these mining houses who disinvest planned to do so years ago.
I say this because I also used to be a geologist and I sat in the management meetings. For instance, Anglo American took a decision 10 years before democracy that it wanted to disinvest in South Africa so that when the ANC takes over only 40% of its gold would be mined in South Africa.
They moved over to Ashanti in Central Africa because the oil reserves there were still shallow and there was a lot of cheap labour and that would result in high profits. That was the strategy that was laid by Anglo American 10 years before democracy due to their mineral intelligence department. Now you come here and tell us that the ANC government does not care – that is not true!
Who is involved in illegal mining? As you are aware, the mining houses are pulling out and these people who go underground cannot move from one area to another underground, two or three kilometres, without a guide. I have been a geologist and have worked on the mines for ten years underground. I know what it is like there. It is dark, hot and one cannot breathe once the air is turned off. Now, who was guiding them when they moved from one shaft to the other?
As we were informed by the chief health inspector, they move up to 34 km from one shaft to another. For those 34 km they go up and down the inclines because underground it is not as flat as one would think. You go up steeply and go down the slopes and have to crawl in some tunnels. Now, who was guiding those people underground? That is why we say it is a syndicate, and mine management must involve some people who are sitting there at top positions in ivory towers who are pumping money to these people – they must be involved. [Interjections.]
Hon Sinclair is right in saying there are kingpins because we were told by the secretary of the mines that even though we were there, the zama zamas would, within five minutes thereafter, know about what was said in that meeting. We have said that we will fight crime and corruption and the Minister is right when she says that the law must bite.
Perhaps we should look at our laws, the Mine Health and Safety Act. We must look at our compensation Acts, because as we were informed just last week by the chief inspector on health, most of the people who die in the mines don’t die from falling ground or locomotives that move underground.
The main cause of death used to be the locomotives that moved underground, followed by falling ground, but most people die at home because of pulmonary TB. The causes of that is the silicosis that is in their lungs, which they get from the mines and the mines are doing nothing about it.
Therefore, hon Minister, that is what we must look at; we should make sure that the law bites. These people go back home from wherever they came, either Mozambique or Lesotho, and that is where they die a slow death. And the reason is that they get separated from the mines without being medically checked by anybody. Unfortunately, I am also one of those people who got separated from the mine without being medically checked.
We must make sure that those people who are separated from the mines or leave the mines permanently are properly checked to make sure that when they pass away their families get paid by the mines if their death is due to the effects of working in the mines. Then the mine must pay.
Another example is, if one goes to the Free State goldfields, one finds that some underground water has been contaminated due to all the acids and minerals that come from the sludge. If you water your garden with that water you will kill all your plants. You cannot plough in a certain area between Virginia and Welkom because whatever you plant there dies and the cause is the mines and slime dams. [Interjections.]
The HOUSE CHAIRPERSON (Mr R J Tau): Order! Hon member, can I call you to order. I am busy presiding here and I have got a watch here. Whatever watch you have, don’t allow it to instruct me to do something that I am sure I am not supposed to do. So, please, you are quite distracting with that kind of behaviour.
Mr B A MNGUNI: Thank you, Chairperson. I am left with 43 seconds. In short, they say the more the rules are imposed the more they are broken. So, the lasting solution, hon Minister, is for us to go back to those mines and ensure that we revitalise the economic situation of those mines, not only in Welkom but also in Barberton and other areas where these town are turning into ghost towns.
The key solution is that we revitalise the economy of those areas so that people can find jobs and be able to put food on the table, and thus better the lives of the people. Thank you. [Applause.]
The MINISTER OF MINING: Thank you, Chairperson, for this debate. I would like to thank the chairperson, hon Adams, for leading on this matter of illegal mining, and also the hon members of the committee for the visit. Hon Bloem, apparently you are from Welkom. They say you are part of the zama zamas! [Laughter.]
I would also like to take this opportunity to welcome the report by the committee. We will look at what we can do, because the intention is to make sure that we continuously improve on the situation and stamp out illegal mining.
Hon Van Lingen, we have covered issues that you’ve raised. There is no caring government like the ANC government. I am here precisely because I care. I went to Welkom because the ANC cares. If I were a Minister under DA government, I am not sure if I would have gone to the place. [Interjections.]
I must indicate to you that I didn’t just go there to visit, but to see the situation. I have even been underground, unlike you who only ends up at the top. I am not scared to confront any situation which challenges and threatens my community in South Africa. We will continue to make sure that we do the right thing. We are not going to run away. We are not going to see ourselves as useless, as you say we are. We will take responsibility.
I must indicate that the issue of mine health and safety must be separated from criminal activities. The Mine Health and Safety Act cannot regulate criminal activities. That’s pure crime - let’s not run away from it. It’s illegal mining, whether they are driven by poverty or not. It is wrong and we cannot justify a wrong thing in this country. If we justify illegal mining, we must also justify those who are involved in cash-in-transit heists and kill our police officers and security personnel. It is the same thing. Crime is crime and it must be condemned at all times. It cannot be tolerated.
The steps that we, together with the Justice, Crime Prevention and Security, JCPS, cluster are taking are steps to make sure that we combat and eradicate these forms of activities. They have been pushed to other areas. Barberton, we are coming! Rest assured, we are not lame ducks, especially not me. I am not a lame duck. Hon Makhubela of Cope can attest to that. When I make an undertaking, I live by it and make sure that I oblige.
Hon Sinclair, the ANC cares. It cared yesterday, it cares today and it will care tomorrow. That is why we will make sure that we involve everybody at all times, because we are not selfish and we are not scared of anything.
When we took the theme, “Working together we can do more” it’s because we wanted you to come to the table, to come with us to fight this problem. If you don’t, this problem will haunt this country; it won’t grow our economy and it will cause our country to decline. We cannot afford this. We cannot lead this country into anarchy.
We will fight any form of criminal activity from any quarter, even those who are collaborating. We will make sure that we do the right thing.
I am surprised that the DA is calling on the Hawks to take up the matter. You said it is not going to make it; it is a lame duck! You said it’s a hawk that cannot fly. It is flying, my dear, it is flying! And it is flying with colours. It has flown! Six criminals down; four criminals opposite my home, down! All because of the Hawks!
This problem has been referred to the Hawks. Just wait and see, and listen. They are there and we are there as the ANC; we are decisive and we don’t beat about the bush. Government is led by the ANC. Thank you. [Applause.] Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
Consideration of First Report of Joint Rules Committee, 2009
Order disposed of without debate.
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, Kwa-Zulu natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
The Council adjourned at 16:55. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
WEDNESDAY, 26 AUGUST 2009
TABLINGS
National Assembly and National Council of Provinces
-
The Minister of Labour
a) Report and Financial Statements of the Manufacturing, Engineering and related Services Education and Training Authority (MER-Seta) for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-2009 [RP 99-2009].
b) Report and Financial Statements of the Banking Sector Education and Training Authority (Bank-Seta) for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-2009 [RP 85-2009].
c) Report and Financial Statements of the Chemical Industries Education and Training Authority (CHIETA) for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-2009 [RP 86-2009].
d) Report and Financial Statements of the Information Systems, Electronics and Telecommunications Technologies Sector Education and Training Authority (ISETT-Seta) for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-2009 [RP 95-2009]. e) Report and Financial Statements of the Agricultural Sector Education and Training Authority (Agri-Seta) for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-2009 [RP 84-2009].
f) Report and Financial Statements of the Food and Beverages Manufacturing Industry Sector Education and Training Authority (Foodbev-Seta) for 2008-2009, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2008-2009 [RP 92-2009}.
g) Report and Financial Statements of the Education Training and Development Practices Sector Education and Training Authority (ETDP- Seta) for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-2009 [RP 89-2009].
THURSDAY, 27 AUGUST 2009
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Membership of Committees
The following members have been appointed to the Joint Standing Committee on Defence in accordance with Joint Rule 120B:
African National Congress
Booi, M S Diale, L N Dikgale, M C Dlodlo, A Fihla, N B Gololo, C L Jordan, Z P Koornhof, G W Mabedla, N R Magau, K R Maine, M C Maunye, M M Mgabadeli, H C Mlambo, E M Mofokeng, T M H Montsitsi, S D Mtshali, E Ndabeni, S T Nyanda, M F Nzimande, L P M Oliphant, G G Radebe, B A Schneemann, G D Sibanyoni, J B Sunduza, T B Van Wyk, A Burgess, C V (alternate) Chikunga, L S (alternate) Nxesi, T W (alternate)
Democratic Alliance
Bekker, J M Lorimer, J R B Maynier, D J Pretorius, P J C Watson, A Steele, M H
Congress of the People
Bloem, D V George, M E Tolo, L J
Inkatha Freedom Party
Msimang, C T M Zulu, M M
National Council of Provinces
The Chairperson
- Referral to Committee of papers tabled
(1) The following papers are referred to the Select Committee on
Security and Constitutional Development for consideration and
report:
a) Protocol of Amendments to the International Hydrographic
Organisation (IHO) Convention, tabled in terms of section
231(2) of the Constitution, 1996.
b) Explanatory Memorandum to the Protocol of Amendments to the
International Hydrographic Organisation (IHO) Convention.
- Membership of Committees
The following members have been appointed to the Joint Committee on Ethics and Members’ Interests:
Member Party Province
Hon. Mr. B. L. Mashile ANC Mpumalanga
(Co-Chairperson)
Hon. Ms. D. Z. Rantho ANC Eastern Cape
Hon. Ms. B. P. Mabe ANC Gauteng
Hon. Ms. M. L. Moshodi ANC Free State
Hon. Ms. N. W. Magadla ANC KwaZulu-Natal
Hon. Mr. T. A. Mashamaite ANC Limpopo
Hon. Mr. J. J. Gunda ID Northern Cape
Hon. Mr. S. H. Plaatjie COPE North West
Hon. Mr. J. M. G. Bekker DA Western Cape
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Finance
(a) Report and Financial Statements of the Development Bank of
Southern Africa (DBSA) for 2008-2009, including the Report of the
Independent Auditors on the Financial Statements and Performance
Information for 2008-2009 and the Report and Financial Statements
of the Development Bank of Southern Africa Development Fund for
2008-2009, including the Report of the Independent Auditors on the
Financial Statements and Performance Information of the Development
Fund for 2008-2009. 1. The Minister of Tourism
a) Report and Financial Statements of South African Tourism for 2008-
2009, including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2008-2009.
-
The Minister of Labour
a) Report and Financial Statements of the Tourism, Hospitality and Sport Education and Training Authority (Theta) for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-2009 [RP 133-2009].
b) Report and Financial Statements of the Wholesale and Retail Sector Education and Training Authority (W&R-Seta) for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-2009 [RP 105-2009].
c) Report and Financial Statements of The Insurance Sector Education and Training Authority (Inseta) for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-2009 [RP 96-2009].
d) Report and Financial Statements of Productivity SA for 2008-2009, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2008-2009 [RP 139-2009].
e) Report and Financial Statements of the Mining Qualifications Authority (MQA) for 2008-2009, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2008-2009 [RP 110-2009].
f) Report and Financial Statements of the Media, Advertising, Publishing, Printing and Packaging Sector Education and Training Authority (MAPPP-Seta) for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-2009 [RP 98-2009}.
g) Report and Financial Statements of Construction Education Training Authority (CETA) for 2008-2009, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2008-2009 [RP 88-2009].
FRIDAY, 28 AUGUST 2009
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
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Assent by President in respect of Bills
1) Competition Amendment Bill [B 31D – 2008] – Act No 1 of 2009 (assented to and signed by President on 26 August 2009).
2) Films and Publications Amendment Bill [B 27F – 2006] – Act No 3 of 2009 (assented to and signed by President on 26 August 2009).
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Labour
a) Report and Financial Statements of the Local Government Sector
Education and Training Authority (LG-Seta) for 2008-2009, including
the Report of the Auditor-General on the Financial Statements and
Performance Information for 2008-2009 [RP 97-2009].
b) Report and Financial Statements of the Finance, Accounting,
Management Consulting and other Financial Services Sector Education
and Training Authority (FASSET) for 2008-2009, including the Report
of the Auditor-General on the Financial Statements and Performance
Information for 2008-2009 [RP 91-2009].
COMMITTEE REPORTS
National Assembly and National Council of Provinces
- FIRST REPORT OF JOINT RULES COMMITTEE, 2009
The Speaker of the National Assembly and the Chairperson of the National Council of Provinces, as co-chairpersons of the Joint Rules Committee, present the First Report of the Joint Rules Committee, dated 25 June 2009, as follows:
The Joint Rules Committee, having on 18 June 2009 considered the establishment and non-establishment of joint structures, reports as follows:
(1) Co-chairpersons for joint committees
The Joint Rules Committee decided that as a general principle joint
committees shall have co-chairpersons.
Recommendation
It is therefore recommended that, where applicable, joint committees
shall have co-chairpersons.
(2) Constitutional Review Committee
The Joint Rules Committee decided that the composition and party
breakdown of the Constitutional Review Committee in regard to the
Assembly component mirror the composition and party breakdown of
portfolio committees as follows: ANC 8; DA 2; Cope 1; IFP 1; and other
parties 2; and that the Council component be constituted as follows:
ANC 6; DA 1; Cope 1 and IFP 1, the party breakdown of the Council
component being subject to review.
Recommendation
It is therefore recommended that, in order to give effect to the
decision of the Joint Rules Committee, Joint Rule 98(1) be amended by
the deletion of the numbers in bold and insertion of the numbers
underlined:
98(1) The Joint Committee consists of [45] 14 Assembly members and
[24] 9 Council members.
(3) Joint Committee on Ethics and Members’ Interests
The Joint Rules Committee decided that the composition and party
breakdown of the Joint Committee on Ethics and Members’ Interests in
regard to the Assembly component mirror the composition and party
breakdown of portfolio committees as follows: ANC 8; DA 2; Cope 1; IFP
1; and other parties 2; and that the Council component be constituted
as follows: ANC 6; DA 1; Cope 1 and ID 1. The Joint Rules Committee
also decided that the rule dealing with the non-remuneration of the
chairperson and deputy chairperson be deleted.
Recommendations
It is therefore recommended that Joint Rule 122(1) be amended by the
deletion of the number in bold and insertion of the number underlined:
122(1) The Joint Committee consists of [18] 14 Assembly members
and 9 Council members.
It is further recommended that Joint Rule 123(2) dealing with the non-
remuneration of the chairperson and deputy chairperson be deleted. (4) Joint Monitoring Committee on Improvement of Quality of Life and
Status of Women
The Joint Rules Committee decided that since the Assembly had
established the Portfolio Committee on Women, Youth, Children and
People with Disabilities and since the Council had established the
Select Committee on Women, Children and Disabled Persons, Joint Rules
128 to 132 in regard to the Joint Monitoring Committee on Improvement
of Quality of Life and Status of Women were no longer required and
should be deleted.
The Joint Rules Committee further decided that references to the Joint
Monitoring Committee on Improvement of Quality of Life and Status of
Women in Rules 137A to 137F pertaining to the Multiparty Women’s
Caucus should be removed and that the above-mentioned Rules be amended
accordingly by the Joint Subcommittee on Review of the Joint Rules.
Recommendations
It is therefore recommended that –
(a) Joint Rules 128 to 132 be deleted; and
(b) as a result of this deletion, Joint Rules 137A to 137F in
relation to the Multiparty Women’s Caucus be amended accordingly
to remove all references to the Joint Monitoring Committee on
Improvement of Quality of Life and Status of Women and that the
matter of amending the Rules be referred to the Joint
Subcommittee on Review of the Joint Rules for drafting.
(5) Joint Monitoring Committee on Improvement of Quality of Life and Status of Children, Youth and Disabled Persons
The Joint Rules Committee decided that since the Assembly had
established the Portfolio Committee on Women, Youth, Children and
People with Disabilities and since the Council had established the
Select Committee on Women, Children and Disabled Persons, Joint Rules
132A to 132E in regard to the Joint Monitoring Committee on
Improvement of Quality of Life and Status of Children, Youth and
Disabled Persons were no longer required and should be deleted.
Recommendation
It is therefore recommended that Joint Rules 132A to 132E be deleted.
(6) Joint Monitoring Committee on Reconstruction and Development
The Joint Rules Committee decided not to operationalise Joint Rules
133 to 137 in regard to the Joint Monitoring Committee on
Reconstruction and Development, which had not been operationalised in
the Second and Third Parliaments.
Recommendation
It is therefore recommended that Joint Rules 133 to 137 be deleted.
(7) Oversight mechanism of Parliament
The Joint Rules Committee decided that the Joint Rules should be
reviewed in view of the provisions of the Financial Management of
Parliament Act, No 10 of 2009, which require that the composition of
an oversight mechanism of Parliament must be in accordance with the
Joint Rules of Parliament.
Recommendation
It is therefore recommended that the drafting of rules in regard to
the oversight mechanism of Parliament be referred to the Joint
Subcommittee on Review of the Joint Rules for processing.
Report to be considered.
M V Sisulu, MP M J Mahlangu, MP Speaker of the National Assembly Chairperson of the NCOP
MONDAY, 31 AUGUST 2009
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
(a) Report and Financial Statements of the Office of the Public
Protector for 2008-2009, including the Report of the Auditor-
General on the Financial Statements and Performance Information for
2008-2009 [RP 159- 2009].
(b) Report on the Review of the Organisation and Post Establishment
of the Office of the Public Protector during 2008/2009.
- The Minister of Justice and Constitutional Development
(a) Report and Financial Statements of the Legal Aid Board for 2008-
2009, including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2008-2009 [RP 112-2009].
- The Minister of Energy
(a) Report and Financial Statements of the South African Diamond
and Precious Metals Regulator for 2008-2009, including the Report
of the Auditor-General on the Financial Statements and Performance
Information for 2008-2009 [RP 132-2009].
(b) Report and Financial Statements of the National Nuclear
Regulator (NNR) for 2008-2009, including the Report of the Auditor-
General on the Financial Statements and Performance Information for
2008-2009 [RP 36-2009].
- The Minister of Trade and Industry
a) Report and Financial Statements of South African Bureau of
Standards (SABS) for 2008-2009, including the Report of the Auditor-
General on the Financial Statements and Performance Information for
2008-2009 [RP 142-2009].
b) Report and Financial Statements of Export Credit Insurance
Corporation of South Africa Limited for 2008-2009, including the
Report of the Independent Auditors on the Financial Statements and
Performance Information for 2008-2009.
(c) Government Notice No 743 published in Government Gazette No
32396 dated 17 July 2009: Standards matters in terms of the
Standards Act, 2008 (Act No 8 of 2008).
(d) Government Notice No 780 published in Government Gazette No
32443 dated 31 July 2009: Standards matters in terms of the
Standards Act, 2008 (Act No 8 of 2008).
e) Government Notice No 782 published in Government Gazette No 32443
dated 31 July 2009: Proposed amendment to the compulsory
specification for motor vehicles of category N1 in terms of the
National Regulator for Compulsory Specifications Act, 2008 (Act No
5 of 2008).
f) Government Notice No 783 published in Government Gazette No 32443
dated 31 July 2009: Proposed amendment to the compulsory
specification for replacement brake lining assemblies for road
vehicles in terms of the National Regulator for Compulsory
Specifications Act, 2008 (Act No 5 of 2008).
g) Government Notice No 784 published in Government Gazette No 32443
dated 31 July 2009: Proposed introduction of a compulsory
specification for single capped fluorescent lamps in terms of the
National Regulator for Compulsory Specifications Act, 2008 (Act No
5 of 2008).
h) Government Notice No 785 published in Government Gazette No 32443
dated 31 July 2009: Proposed introduction of a compulsory
specification for motor vehicles of category L in terms of the
National Regulator for Compulsory Specifications Act, 2008 (Act No
5 of 2008).
i) Government Notice No 786 published in Government Gazette No 32443
dated 31 July 2009: Proposed amendment to the compulsory
specification for motor vehicles of category M1 in terms of the
National Regulator for Compulsory Specifications Act, 2008 (Act No
5 of 2008).
j) Government Notice No 787 published in Government Gazette No 32443
dated 31 July 2009: Correction Notice: Compulsory specification
for lamp controlgear in terms of the National Regulator for
Compulsory Specifications Act, 2008 (Act No 5 of 2008).
k) Government Notice No 788 published in Government Gazette No 32443
dated 31 July 2009: Correction Notice: Compulsory specification
for electrical and electronic apparatus in terms of the National
Regulator for Compulsory Specifications Act, 2008 (Act No 5 of
2008).
l) Government Notice No 810 published in Government Gazette No 32467
dated 31 July 2009: Broad-Based Black Economic Empowerment in terms
of section 14 of the Broad-Based Black Economic Empowerment Act,
2003 (Act No 53 of 2003).
- The Minister of Labour
a) Report and Financial Statements of Department of Labour – Vote 15
for 2008-2009, including the Report of the Auditor-General on the
Financial Statements and Performance Information of Vote 15 for
2008-2009 and the Report of the Auditor-General on the Financial
Statements and Performance Information of the Sheltered Employment
Factories for 2008-2009 [RP 77-2009].
b) Report and Financial Statements of the Compensation Fund for 2008-
2009, including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2008-2009 [RP 81-2009].
c) Report and Financial Statements of the Commission for Conciliation,
Mediation and Arbitration (CCMA) for 2008-2009, including the
Report of the Auditor-General on the Financial Statements and
Performance Information for 2008-2009 [RP 33-2009].
(d) Report and Financial Statements of the National Economic
Development and Labour Council (NEDLAC) for 2008-2009, including
the Report of the Independent Auditors on the Financial Statements
for 2008-2009.
- The Minister of Public Enterprises
a) Report and Financial Statements of Department of Public Enterprises
– Vote 30 for 2008-2009, including the Report of the Auditor-
General on the Financial Statements and Performance Information of
Vote 30 for 2008-2009 [RP 206-2009].
National Council of Provinces
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The Chairperson
(a) Letter from the Minister of Finance dated 28 August 2009, requesting the relevant parliamentary committees, in terms of section 4(2) of the Land and Agricultural Development Bank Act (No 15 of 2002), to nominate candidates for appointment to the board of the Land Bank.
Referred to the Select Committee on Finance for consideration and report.
(b) Report of the delegation that attended the 40th Commonwealth Parliamentary Association - Africa Region Conference held in Port Harcourt, Nigeria from 12-24 July 2009.
REPORT OF THE SOUTH AFRICAN PARLIAMENT DELEGATION TO THE 40TH COMMONWEALTH PARLIAMENTARY ASSOCIATION (CPA) AFRICA REGION CONFERENCE HELD IN PORT HARCOURT, RIVERS STATE, NIGERIA 12- 24 JULY 2009
Introduction The 40th Conference of the Commonwealth Parliamentary Association (CPA) Africa Region was held in Port Harcourt, Rivers State, Nigeria from 13 – 24 July 2009 under the theme “The Commonwealth at 60 years: Challenges and opportunities”.
Objectives of the Conference The conference was aimed at delegates discussing and sharing experiences on a wide range of issues including: ▪ Management of Affairs in the CPA Africa Region; ▪ Constitutional Reforms and other strategies to entrench the gender agenda; ▪ Achieving Millennium Development Goals through Gender Budgeting; ▪ Impact and implication of the financial meltdown on sustainable development; ▪ Have the principles of separation of powers, checks and balances been achieved among African Commonwealth States; ▪ Electoral reforms and political stability in Africa; ▪ Management of political parties in the democratization process in Africa.
Delegation An official delegation of six Members of Parliament supported by three officials and a member of the Society of Clerks-at-the-Table undertook the visit: ▪ Hon. M J Mahlangu, MP (Leader of the delegation) ▪ Hon. E M Coleman, MP ▪ Hon. N P Khunou, MP ▪ Hon. M M A Nyama, MP ▪ Hon. R J Tau, MP ▪ Hon. R A P Trollip, MP
The officials were: ▪ Mr T Lamani – Member of the Society of Clerks at the Table (Representing the Secretary to Parliament) ▪ Ms H Mathonsi – Delegation Secretary ▪ Ms J Niekerk ▪ Mr M Masimula
Hon. Mahlangu, Hon Nyama (and the officials) arrived in Port Harcourt on 13 and 14 July 2009 in order to enable them to attend the following preparatory meetings: ▪ The meeting of the CWP Steering Committee; ▪ The meeting of the Regional Representatives; and ▪ The meeting of the Executive Committee.
The remainder of the delegation arrived on 16 July 2009.
The following is a summary of the key issues that were highlighted during the various meetings and during the conference itself.
Wednesday, 15 July and Thursday, 16 July 2009 The Programme, Planning and Finance Committee, the Regional Representatives Committee and the CWP Steering Committee met in order to prepare their reports for submission to the Executive Committee on 18 July 2009.
Friday, 17 July 2009
Meeting of the Executive Committee: The following members of the delegation from South Africa attended the meeting of the Executive Committee: ▪ Hon M J Mahlangu in his capacity as the Southern Africa Regional Representative ; ▪ Hon. M Nyama in her capacity as the CWP Sub-regional Representative; ▪ Hon. L Maseko in her capacity as the Regional Treasurer; ▪ Hon. J Mthembu in his capacity as Provincial Speaker representing the sub-national branches of South Africa.
The following key issues were highlighted:
Report of the Regional Representatives The Chairperson of Southern Africa Sub-Region Hon. M J Mahlangu presented the report which included the following issues:
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Funding of Regional Activities Following the approval of US $25,000 for Regional Representatives activities, the Regional Representatives would be developing an action plan which would be used as a guide for the Programme, Planning and Finance Sub-Committee to allocate more funds to the Regional Representatives for future programmes.
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Strategies for the re-election of the Secretary-General of the CPA International It was brought to the attention of the committee that the term of office of Dr W Shija, the Secretary General of the CPA International would be coming to an end in 2011 and elections would be held during the 57th Conference of the CPA. It was noted that it was customary for the Secretary – General of the CPA International to hold the position for two (2) terms. The Executive Committee would be discussing the strategies and activities for the re-election of Dr Shija as Secretary-General of the CPA. The matter would be discussed further during the 55th Conference of the CPA in Tanzania.
Report of the Subcommittee on Programme, Planning and Finance
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The CPA Africa Region Website The committee briefed the meeting that the CPA Africa Region website (http://www.cpaafrica.org) which was launched during the 39th Regional Conference is operational and could be accessed by all members.
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Branch Subscriptions The Secretariat reported that annual subscription fees were increased at national level from US $1800 to US $2500 and at sub-national level from US $1200 to US $2000.
The Secretariat reported that the Seychelles and Anambra Branches had paid up their arrears. The committee apologised to Seychelles for not sending an invitation to attend the 40th CPA Africa Region Conference despite the Branch having fulfilled the requirement of article 10(a) and (b) and 11 of the CPA Africa Region Constitution.
Report of the Commonwealth Women Parliamentarians The CWP Strategic Plan was prepared by the Secretariat and adopted during the 2nd CWP Conference in Abuja, Nigeria in October 2008. The strategic plan would be a guide to the CWP and would be assessed in three years time. The strategic plan would further serve as a focus for future leadership in the CWP and as a model for operations despite the turnover of the membership of the CWP.
The issue of funding was a challenge faced by the CWP in implementing the strategic plan. The CWP Steering Committee called for a concerted effort at obtaining funds from donors and stakeholders to support its activities. Donors such as CIDA, WICIS, UNFPA and UNIFEM were invited to attend the 40th CPA Africa Region Conference and would be approached for possible funding.
The CWP had not been able to utilise the US $15,000 that had been allocated, however, it had agreed that US $10,000 would be allocated to the study/research on “Harmful, Traditional, Cultural, Religious and Social Practices that negatively affect women in Africa”. These funds would be transferred to the Limpopo Provincial Legislature in South Africa which was responsible in administering the study.
Emphasis was also placed on the importance of formalising CWP Structures and realigning the CWP agenda with the existing women’s structures in Parliaments.
A 3rd Conference of the CWP would be held in Cameroon from 28 – 30 October 2009, under the theme, “Pursuing the Gender Agenda” with special emphasis on the following thematic areas: ▪ Achieving MDG’s through Gender Budgeting; ▪ Women and the burden of care giving; ▪ Progress reports on the CWP Study; and ▪ Best practices on constitutional reforms and other strategies to entrench the gender agenda.
There was a concern regarding the lack of continuity in the leadership of the CWP, and it was proposed that the CWP should develop guidelines in line with the provisions of the regional constitution. These guidelines would assist in ensuring that the CWP Chairperson’s position be elective rather than rotational due to a lack of commitment and interest from members seconded by branches.
The leadership of the CWP would be elected during the Conference in Cameroon, and countries were requested to forward names of their nominees/candidates to the CPA Regional Secretariat by August 2009.
Report of the Regional Secretary The Assistant Regional Secretary on behalf of the Regional Secretary presented the report to the meeting covering the following issues: a) Composition of the Executive Committee; b) Regional Representatives; c) Branch Representatives; d) The Activities of the Executive Committee since the 39th Africa Region Conference in Livingstone, Zambia; e) Subscriptions; f) Status of Branches in the Region; and g) Venues of Regional Conferences.
Financial Management Report and Budget for the year-ending 31 December 2010
The following reports were considered and approved by the meeting: a) Financial Report for the year ended 31 December, 2008; b) Half year Budget Performance Report up to 30th June, 2008; and c) Budget for the year ending 31st December, 2010.
The CPA Africa Region received an unqualified audited report for the year ending in 2008.
Duration of the Africa Region Conferences The issue of the duration of the Africa Region Conferences was raised as an area of concern. The conferences were generally taking place over a period of two weeks, which was considered to be too long. The length of the conference had substantial financial implications for the host branch as well as for the participating branches. Furthermore many of the conference participants could not attend for the full duration of a two-week conference because of commitments within their respective countries. There was general consensus that with proper planning the duration of the conference could be reduced to a week. The matter would receive further attention by the Executive Committee and Regional Office –Bearers.
Matters proposed by Branches for Annual General Meeting The Executive Committee expressed the concern that although the Africa Region Constitution made provision for branches to propose matters for the agenda of the Annual General Meeting, branches were not taking up the opportunity. Branches were encouraged to become more active in determining the agenda of the association.
Briefing to the South African delegation by the High Commissioner to Nigeria The delegation from the national branch and the nine sub-national branches met under the chairpersonship of Hon. Speaker of the Free State Provincial Legislature, on behalf of the Chairperson of the National Council of Provinces. The South African High Commissioner to Nigeria, HE Mr K Mamabolo provided a comprehensive briefing to the delegation.
Sub-regional meeting (Southern Africa) The Chairperson of the NCOP as the Senior Regional Representative chaired the meeting.
The Regional Representatives from South Africa and Swaziland reported on the issues that had been finalised during the Executive Committee meeting and highlighted that the AGM would be considering amendments to the Constitution of the Africa Region in order to create the position of President, Vice-President, Chairperson and Vice-Treasurer. Furthermore that Hon. M J Mahlangu had been the only person nominated for the position of Chairperson of the Region.
The Regional Treasurer provided a briefing on the financial status of the region in indicated that Hon. R Mutanga from Zambia had been the only person nominated for the position of Vice-Treasurer.
The various national branches and the sub-national branches provided verbal reports of the CPA activities that they had undertaken since the CPA Africa Region Conference in 2008.
Business meeting of the Commonwealth Women Parliamentarians (CWP) The business meeting of the CWP was held to deliberate on the following issues: a) 3rd Conference of the CWP to be held in Yaoundé, Cameroon; b) Theme and topics of the conference; c) CWP Standing Rules; and d) Modification of instruments for the study on Harmful, Traditional, Religious, Cultural and Social practices that negatively affect women in Africa.
Saturday, 18 July 2009
Pre-conference tours Delegates were scheduled to visit Bonny Island. Due to the sensitivities surrounding the safety in the Delta Region, the delegates were informed that people of African descent would be taken to the Island by ferry and those of European descent were to be taken to the Island by helicopter. The delegation from South Africa and from other SADC countries strongly raised their opposition to the discriminatory practice of the private company that operated the ferry service and refused to undertake the trip.
The Governor of the Rivers State arranged to meet with the delegation later that afternoon to convey his formal apology to the delegation for the incident that had occurred. The Governor indicated that he would be closing the jetty to the company as from the following Monday to undergo a safety assessment. The apology of the Governor and the apology of the host Speaker were unanimously accepted.
Sunday, 19 July 2009
There were no meetings scheduled. The women parliamentarians of the Rivers State hosted a dinner for the women parliamentarians attending the conference.
Monday, 20 July 2009
Official Opening Ceremony of the 40th CPA Africa Region Conference
The following office-bearers delivered addresses at the opening ceremony: • The CWP Representative for the Africa Region, Hon. Prof. Sheila Tlou of Botswana; • The Vice-Chairperson of the CPA (International) Executive Committee, Hon. Keith Flax; • The Speaker of the Rivers State House of Assembly, The RT. Hon. Tonye Harry; • The Chairperson of the CPA Africa Region, Hon. Dr. Amusa Mwanamwambwa, Speaker of the Parliament of Zambia; and • The Governor of the Rivers State, the RT. Hon. Chibuike Rotimi Amaechi.
In her address the Hon. Professor Tlou highlighted that there had been several achievements in the representation of women in parliaments in the region and that there were also a number of newly elected women Speakers and Deputy Speakers that had attended the 40th conference in Port Harcourt.
Hon. Flax highlighted that at the forthcoming 55th CPA Conference in Tanzania; there would be a prominent focus on the impact of the global financial crisis and on what parliamentarians could do to mitigate that impact. He indicated that the global financial crisis posed a danger to Africa’s recent economic history since it threatened to reverse and even wipe out, hard won gains.
In his remarks, the Hon. Harry highlighted that it was the first time that a sub-national branch was hosting the CPA Africa Region Conference. He indicated that the experience had given him the opportunity to witness the depth of human capacity that was available on the continent. Hon. Harry also expressed his gratitude to the Governor of the Rivers State, who in 2004, in his capacity then as Speaker of the Rivers State House of Assembly, had offered to host the CPA Africa Region Conference in 2010. When Gambia could not host the 2009 conference, the sub-national branch of the Rivers State was able to step-in to host the conference.
In his address the Hon. Mwanamwambwa reminded delegates of the decisions that had been taken at the CPA Africa Region conference in Zambia in 2008 and indicated that to that end the Executive Committee had prepared a number of amendments to the Constitution of the Africa Region. He indicated that the amendments, which included the establishment of the positions of President, Vice-President and Chairperson of the Executive Committee, would be tabled at the Annual General Meeting that would be taking place after the opening ceremony.
In delivering the official opening address the Hon. Ameachi indicated that he had previously served as the Speaker of the Rivers State House of Assembly for a period of eight years. He had always offered his support to the activities and programmes of the CPA and attended several CPA conferences. The Governor emphasised the important role that legislators had to play in ensuring the well-being of their citizens. He indicated that, in his opinion, the current crisis in the Niger Delta could only be resolved by the enactment of the necessary legislation by the Federal Parliament of Nigeria. The Governor urged the Members of the Federal Parliament who were present to ensure that legislation was enacted that made provision for royalties to be paid to communities in areas where oil- mining was being carried out.
In the absence of the Chairperson of the National Council of Provinces, the Hon. L Maseko, Speaker of the Gauteng Provincial Legislature delivered the vote of thanks at the conclusion of the opening ceremony.
Annual General Meeting The Chairperson of the CPA Africa Region and Speaker of the Parliament of Zambia, Hon. A Mwanamwambwa presided over the Annual General Meeting.
The following issues were considered at the meeting as per its agenda: ▪ Amendments of the Constitution- Proposed amendments to the Regional Constitution were unanimously adopted. ▪ Election of CPA Africa Region Office Bearers – Regional Office Bearers were elected unopposed as follows: o President – The Rt. Hon Tonye Harry, Speaker of the Rivers State House of Assembly (River State, Nigeria); o Vice President – Hon Jackson Mthembu, Speaker of Mpumalanga Provincial Legislature (South Africa); o Chairperson of the Executive Committee – Hon Mninwa J Mahlangu, Chairperson of the National Council of Provinces (South Africa); o Vice Chairperson – Hon Bethel Amadi, Member of the National Assembly(Nigeria); o Treasurer – Hon Lindiwe Maseko, Speaker of Gauteng Provincial Legislature (South Africa); and o Vice Treasurer- Hon Request Muntanga – Member of Parliament (Zambia). ▪ Future venues for Regional Conferences and Executive Committee Meetings- The South African Parliament offered to host the 58th Executive Committee of the CPA Africa Region, while Mpumalanga Provincial Legislature will be hosting the 41st Conference of the CPA in March and July 2010 respectively.
Tuesday, 21 July 2009
First session of the Conference
Topic: Achieving Millennium Development Goals through Gender Budgeting
The presentations and discussions highlighted the following pertinent issues: • There was a need to incorporate gender concerns in the entire budgeting process. Budgets were generally gender-blind and did not consider that women and men had different roles, responsibilities, capabilities and commitments. A gender budget was a budget that accounted for the direct and indirect effects of a government’s expenditure allocations and revenues on both women and men.
• Gender budgeting assisted to promote equity, equality, efficiency and
transparency in the budget process including the realisation of
social, economic and cultural rights and good governance.
• Parliamentarians needed to support initiatives that were aimed at
sensitizing their constituents about issues of gender and the economy.
In so doing, Parliament should collaborate with other government
structures, including local government, provincial administrations and
with civil society groups.
• In countries such as Kenya, free primary and secondary education made
it mandatory for all children who had attained the school going age to
access education. This had been crucial in bridging the gap between
male and female access to education.
• It was important to recognise that poverty cannot be eradicated
without a process of poverty reduction.
Second session of the Conference
Topic: Impact and Implication of Financial Meltdown on Sustainable Development
The presentations and discussions highlighted the following pertinent issues:
• The current global economic crisis was universal, and as a result, it
had adverse effects on the economies of all nations and the standard
of living of their citizens, irrespective of their social and
political status.
• The serious impact of the economic crisis could be illustrated by the
fact that global capital flow had largely frozen, that the credit
crunch persisted despite global liquidity injections and that the
international financial institutions were without adequate resources
to intervene, which resulted in global coordination failure.
• There were a number of lessons and challenges for Africa including
that the crisis had debunked the concept of best practices in national
governance within the developed countries. It had shown the fallacy
inherent in almost exclusive focus on financial derivatives, such as
consumer credit, rather than on the core economic fundamentals.
• Decisive steps should be taken to reduce the precarious dependence of
some African countries on just one product for revenue and foreign
exchange earnings.
• Legislatures could intervene by ensuring that resources were allocated
only to those sectors and projects that presented elements of
comparative advantage for the country.
• Legislation should be used to promote policies that were designed to
support the development of enterprise sectors that relied mainly on
the use of the locally available natural and human resources.
• There must be accountability for the expenditure of increasingly
scarce financial resources.
Third session of the Conference
Topic: Have the Principles of Separation of Powers, Checks and Balances been achieved among African Commonwealth States?
The presentations and discussions highlighted the following pertinent issues:
• The checks and balances inherent in the doctrine of separation of
powers were legal structural safeguards that secure the integrity of
elected institutions and ensure that the representation, conduct and
decision- making of elected representatives were fair and equitable.
• There were certain challenges for ensuring the independence of the
legislature, these included, lack of financial autonomy and
interference by the executive in legislative matters.
• Even though a number of Commonwealth African countries had
constitutional provisions entrenching the separation of powers and
checks and balances, current practice indicated that there was often a
concentration of power in a specific branch of government.
• The direct or indirect influence in the appointment of judicial
officers by the executive and political interference in the work of
the judicial officers, were obstacles to the independence of the
judiciary.
• In order for the doctrine of separation of powers and the checks and
balances to be effective, parliamentarians should ensure that the
people entrusted with governance should improve upon the quality of
governance, that existing institutions were strengthened through legal
and constitutional reforms and that the interest of the citizens
superseded parochial interest of the privileged few.
Wednesday, 22 July 2009
Fourth session of the Conference
Topic: Electoral Reforms and Political Stability in Africa
The presentations and discussions highlighted the following pertinent issues:
• While many African countries have embraced multi-party systems and
held regular elections, the quality of these elections differed from
one country to another.
• Many African states which had been under British colonial rule and
which upon independence adopted the Westminster constitutional and
political arrangements, had not subjected the electoral systems they
adopted to broad-based internal debate within their countries.
• Under-representation of women and the youth in electoral processes in
Africa was a significant weakness in the electoral systems.
• There were certain African countries that should consider bringing
amendments to their current electoral processes in order to reflect
the present realities in the region as well as to adhere to
international best practice.
Fifth session of the Conference
Topic: Management of Political Parties in the Democratization Process in Africa
The presentations and discussions highlighted the following pertinent issues:
• A number of African liberation movements declared themselves political
parties on the eve of independence from colonial rule. Political
parties managed to endow regimes with legitimacy, they became the
principal actors in the electoral system, they were the vehicles for
the recruitment of credible political leadership and avenues for
participation in the political process.
• In some countries on the continent, some political parties had been
active not only in political mobilisation but also in mobilisation of
activities for conflict management.
• Political parties competed with each other for the public vote and,
they often entered into complex relations with their internal and
external environment and with other political parties. In general,
there were four types of political systems in operation on the African
Continent. These included the One-party system, Two-party system,
Dominant-party system and Multi-party systems.
• One of the main functions of political parties was to maintain
themselves as organisations capable of contesting elections,
maintaining their membership and supporting their Members of
Parliament to ensure that, when they become the governing party, their
political programmes and election promises were acted upon and
implemented.
• Leadership succession and crisis in politics seemed to be a major
setback confronting African political parties often due to a lack of
party constitutional provisions that restricted their office to a
specific number of terms.
• Political parties needed to constitutionalise the issues of the
regulation of their funding, as this was consistent with the
principles of transparency and accountability.
• The issue of women representation and political party leadership was
still a serious problem to political parties. In an effort to respond
to a call for women empowerment, most of the political parties still
did not have any constitutional provisions that required them to
determine women representation.
Thursday, 23 July and Friday, 24 July 2009 Delegations departed from Port Harcourt, Rivers State, Nigeria.
Observations The delegation made the following observations: ▪ Given that the composition of delegations to the CPA Africa Region Conferences is varied on a year to year basis, it would assist the delegation if there was sufficient time set aside prior to the conference to enable the delegation to prepare for the conference and to engage on the issues to be discussed. ▪ There should be a clear clarification of the roles of the newly created positions of Regional Office Bearers to facilitate the implementation of the CPA Africa Region Strategic Plan.
Recommendation The delegation recommends that the resolutions of the 40th CPA Africa Region Conference as provided in Annexure 1 hereto be implemented.
Acknowledgements The delegation would like to thank the South African High Commissioner to Nigeria, HE Mr Mamabolo and all the employees of the South African High Commission in Abuja and Lagos, for their assistance in making this visit a success.
Hon M J Mahlangu Chairperson of the NCOP and Leader of the delegation
ANNEXURE 1
Conference resolutions
-
Under the topic Achieving Millennium Development Goals through Gender budgeting, the conference noted and observed that:
Whereas:
(a) women comprise over half of the world’s population, they are still lagging behind in decision making positions because they are poorly represented at this level,
b) women contribute 60 to 80 per cent of agricultural production in developing countries,
c) many African countries are party to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), parents still prefer to send boys to school and see little incentives for educating girls,
d) the Millennium Development Goal (MDG) number 3 deals with the promotion of gender equality, access to credit services is restricted because they do not have the required collateral which formal credit institutions require,
e) many African countries are party to the International Convention on Economic, Social and Cultural Rights of 1966,
f) many African countries are also party to the African Charter on Human and People’s Rights, which are aimed at eliminating discrimination against women, the right to dignity, the right to life, the right to education and training, economic and social welfare rights and health and reproductive rights.
We hereby:
a. Call upon national and state governments to make gender mainstreaming an integral part of policy design and legislation formulation and to operationalise Gender Management Systems.
b. Call upon national and state governments to strengthen Gender-Planning capacity through training of planners and implementers as well as carrying out gender analysis of budgets.
c. Urge national governments and Parliament to strengthen the legal frameworks that protect women’s rights by amending subsidiary laws that discriminate against women.
d. Urge national and state governments to support relevant sectors (through mainstreaming) to address specific constraints faced by females e.g. high drop out rates among girls in primary and post primary schools.
e. Call upon national and state governments and Parliaments to educate and sensitise communities about the human and legal rights of women.
- Under the topic Impact and Implication of Financial Meltdown on Sustainable Development, the conference noted and observed that:
Having regard to the G20 declaration on the financial crisis of 15 November 2008 in Washington, and to the G20 Leaders’ Statement at the London Summit of 2 April 2009.
Having regard to the ACP-EU Joint Parliamentary Assembly Port Moresby Declaration on the global food and financial crisis, adopted on 28 November 2008.
Having regard to the United Nations Millennium Development Goals (MDGs), and the commitment to halving the proportion of people suffering from hunger and living on less than one US dollar a day.
Whereas
a. as a result of the financial crisis, some donor countries have reduced their financial contributions to Official Development Assistance (ODA) to developing countries, which already have fragile economies.
b. the Millennium Development Goals (MDGs), in particular the eradication of extreme poverty and hunger, as well as the development targets and principles agreed in the United Nations’ Conference including the Earth Summit of 1992 on sustainable development, provide a clear vision for all countries of the world.
c. most poor countries of the Commonwealth are dependent on exports of commodities that constitute a significant portion of their foreign exchange earnings and the financial crisis is resulting in decreasing exports from, and remittance flows into, these countries, reduced access to credit and reduced foreign direct investment; and the plummeting of commodity prices.
d. despite proven importance of the agricultural sector in developing countries, neither national nor state government policies provide adequate priority to this key sector, putting hundreds of millions of people in danger of extreme poverty, hunger and malnutrition.
e. a serious obstacle to increasing agricultural output in developing countries, which is fundamental to reducing food insecurity, is the fact that small farmers, especially women, often lack access to land, loans or micro-credit for investment in seeds, fertilizers and irrigation mechanisms and the necessary range of crop protection tools.
We hereby
a. Welcome the outcome and commitments of the London G20 Meeting of 2 April 2009, in particular references to: restoring growth and jobs; strengthening financial supervision and regulation; strengthening global financial institutions; resisting protectionism; promoting global trade and investment; ensuring a fair trade and sustainable recovery for all; and delivering on aid commitments.
b. Call on national governments in the Commonwealth to increase spending on social sectors and strengthen safety net programmes to protect the poor.
c. Urge national and state governments in the Commonwealth to invest in infrastructure facilities such as roads, electricity and water to serve a critical investments in the agriculture sector.
d. Urge developing countries in the Commonwealth to be more committed to economic diversification and value addition and move away from over dependency on single commodity exports.
e. Urge developing countries in the Commonwealth to broaden their tax bases and strengthen their revenue mobilisation.
f. Urge governments to promote intra-African trade.
- Under the topic Have the Principles of Separation of Powers, Checks and Balances been achieved among African Commonwealth States?, the conference noted and observed that:
Having regard to the
a. Harare Commonwealth Declaration that was issued by Heads of Government in Harare, Zimbabwe on 20 October 1991;
b. Millbrook Commonwealth Action Programme on the Harare Declaration issued by Heads of Government at Millbrook, New Zealand, in 1995; c. Commonwealth (Latimer House) Principles on Accountability and Relationship between the three Arms of Government as agreed by Law Ministers and endorsed by the Heads of Government meeting, Abuja, Nigeria, 2003;
d. Plan of Action for Africa on the Commonwealth (Latimer House) Principles on Accountability and the relationship between the three branches of government adopted in Nairobi, Kenya, 2005;
e. New Partnership for Africa’s Development (NEPAD)’s African Peer Review Mechanism (APRM); and
f. Constitutive Act of the African Union (AU).
We hereby
a. Reaffirm our commitment to the implementation of the Harare Declaration and the protection and promotion of the fundamental political values of the Commonwealth;
b. Urge national and state governments in the Commonwealth to create frameworks for the effective implementation of the plan of action for Africa on the Commonwealth (Latimer House) Principles on Accountability and Relationship between the Arms of Government;
c. Call on the Commonwealth to collaborate closely with the African Union in the promotion of democratic principles and institutions in Africa; and
d. Endorse the Commonwealth’s commitment in the Milbrook Commonwealth Action Programme to enhance the Secretariat’s capacity to provide advice, training and other forms of technical assistance in promoting the Commonwealth’s fundamental political values.
-
Under the topic Electoral Reforms and Political Stability in Africa, the conference noted and observed that:
a. Recognising that the quality of an election constitutes one of the determinants for deepening democratic governance and political stability. b. Aware that even though many African countries have embraced multi-party systems and hold regular elections, the quality of these elections differ from one country to another.
c. Acknowledging that most African states which were under British colonial rule and upon independence adopted the Westminster constitution and political arrangements did not subject the electoral systems they adopted to broad-based internal debate in their countries.
d. Acknowledging that under-representation of women and the youth in electoral processes in Africa is a significant failure in the electoral systems.
We hereby,
a. Urge all key election stakeholders, including parliaments, to focus their attention on the task of improving the quality of elections in the sub-region for the purpose of avoiding political instability.
b. Call for amendments in certain African countries to current electoral processes in order to reflect the present realities in the region as well as to adhere to international best practice.
c. Encourage African parliaments to enact legislation to increase the participation of women and youth in politics, as a means of enhancing the democratic processes.
-
Under the topic Management of Political Parties in the Democratization Process in Africa, conference noted and observed that:
Whereas:
Political parties play a very important role in setting up
institutional frameworks and competitive environment, making the
struggle for power more humane and accessible to all; and that, many
political parties on the continent of Africa contributed to the
political landscape;
a. Recognising that the promotion and building of democracy and
good governance has been a key element in the strategies of the
majority of African governments and their parties since the
early 1990’s.
b. Realising that the democratic dispensation and the constitution
have ushered in new debates by political parties on how best to
design and ensure that the democratic governance is facilitated.
c. Noting that the role of political parties in some countries is
still threatened by the environment in which they operate and
the lack of resources, general level of apathy, unfavourable
electoral system and the problem of one party dominance.
We hereby
a. Call for full studies to be commissioned on how African
political parties function in order to gain full understanding
of their governability and the extent to which their operations
conform to democratic governance ethos;
b. Call upon national and state governments to constitutionalise
the
issues of regulating the funding of political parties as a means
of enhancing transparency and accountability;
c. Call upon parliaments to enshrine Presidential term limits in
their
constitutions and ensure strict adherence thereto.
TUESDAY, 1 SEPTEMBER 2009
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Draft Bills submitted in terms of Joint Rule 159
(1) Taxation Laws Second Amendment Bill, 2009, submitted by the
Minister of Finance. Referred to the Standing Committee on Finance
and the Select Committee on Finance.
- Introduction of Bills
(1) The Minister of Finance
(a) Taxation Laws Amendment Bill [B 10 – 2009] (National
Assembly – proposed sec 77)
Introduction in the National Assembly (proposed sec 77) and
referral to the Standing Committee on Finance of the National
Assembly, as well as referral to the Joint Tagging Mechanism
(JTM) for classification in terms of Joint Rule 160, on 1
September 2009.
In terms of Joint Rule 154 written views on the classification
of the Bill may be submitted to the JTM within three
parliamentary working days.
(b) Taxation Laws Second Amendment Bill [B 11 – 2009]
(National Assembly – proposed sec 75) [Explanatory summary of
Bill and prior notice of its introduction published in
Government Gazette No 32527 of 27 August 2009].
Introduction in the National Assembly (proposed sec 75) and
referral to the Standing Committee on Finance of the National
Assembly, as well as referral to the Joint Tagging Mechanism
(JTM) for classification in terms of Joint Rule 160, on 1
September 2009.
In terms of Joint Rule 154 written views on the classification
of the Bill may be submitted to the JTM within three
parliamentary working days.
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
(a) Report and Financial Statements of Parliament of the Republic
of South Africa, Vote 2, for 2008-2009, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2008-2009.
- The Minister of Labour
a) Report and Financial Statements of the Unemployment Insurance Fund
(UIF) for 2008-2009, including the Report of the Auditor-General on
the Financial Statements and Performance Information for 2008-2009
[RP 82-2009].
b) Report and Financial Statements of the Forest Industries Sector
Education and Training Authority (FIETA) for 2008-2009, including
the Report of the Auditor-General on the Financial Statements and
Performance Information for 2008-2009 [RP 93-2009].
- The Minister of Trade and Industry
a) Report and Financial Statements of the National Credit Regulator
(NCR) for 2008-2009, including the Report of the Auditor-General on
the Financial Statements and Performance Information for 2008-2009
[RP 154-2009].
(b) Report and Financial Statements of the Industrial Development
Corporation of South Africa Limited (IDC) for 2008-2009, including
the Report of the Independent Auditors on the Financial Statements
and Performance Information for 2008-2009.
(c) Report and Financial Statements of the National Lotteries Board
for 2008-2009, including the Report of the Auditor-General on the
Financial Statements and Performance Information for 2008-2009.
- The Minister of Human Settlements
(a) Report and Financial Statements of the Rural Housing Loan Fund
(RHLF) for 2008-2009, including the Report of the Independent
Auditors on the Financial Statements and Performance Information for
2008-2009.
(b) Report and Financial Statements of the Social Housing
Foundation (SHF) for 2008-2009, including the Report of the
Independent Auditors on the Financial Statements and Performance
Information for 2008-2009.
(c) Annual Review of the National Urban Reconstruction and Housing
Agency (NURCHA) for 2008-2009.
- The Minister in The Presidency (Mr O C Chabane)
(a) Report and Financial Statements of the Media Development and
Diversity Agency (MDDA) for 2008-2009, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2008-2009.
National Council of Provinces
- The Chairperson
(a) Statement issued in terms of section 106(3)(a) of the Local
Government: Municipal Systems Act, 2000 (Act No 32 of 2000), on
allegations of maladministration, fraud, corruption and other
serious malpractice within Nokeng Tsa Taemane Local Municipality,
Gauteng.
Referred to the Select Committee on Cooperative Governance and
Traditional Affairs for consideration.
COMMITTEE REPORTS
National Council of Provinces
- Report of the Select Committee on Security and Constitutional Development on the Provisional Suspension from Office of Magistrate T C Oliphant, dated 26 August 2009
Introduction
The Select Committee on Security and Constitutional Affairs, having considered the report on the provisional suspension from office of Magistrate T C Oliphant tabled by the Minister for Justice and Constitutional Development in terms of section 13(4)(b) of the Magistrates Act, 1993 (Act no 90 of 1993), reports as follows:
Background
1. The Select Committee noted from the report tabled by the
Minister for Justice and Constitutional Development that the
Magistrates Commission resolved on 04 March 2009 to recommend
that Ms T C Oliphant, an additional magistrate at Wynberg, be
removed from office in terms of section 13(4)(a) of the
Magistrates Act, 1993.
2. The Select Committee noted that Ms Oliphant was employed by the
Department of Justice and Constitutional Development since 01
February 1994 and was appointed as Magistrate on 06 May 2002. Ms
Oliphant was subsequently absent from office from 25 April 2008
to 10 November 2008.
3. A preliminary investigation was conducted in terms of Regulation
26 (1) of the regulations for Judicial Officers in Lower Courts,
1994, into allegations of Ms Oliphant’s absenteeism from office
without leave or valid cause.
4. The Ethics Committee of the Magistrates Commission on 25
September 2008 considered the preliminary investigation report
and resolved that Ms Oliphant not be charged with misconduct,
but to deal with the matter in terms of regulation 26(4) (b) of
the said regulations in that she be requested to appear before
the Ethics Committee to be reprimanded.
5. The Select Committee notes that Ms Oliphant was absent from
office without leave from 25 April 2008 and did not inform her
immediate superiors of her whereabouts. Contact with Ms Oliphant
was attempted through various means and her Judicial Head was
eventually able to trace her and serve a notice on her
personally on 22 October 2008 for her to appear before the
Ethics Committee.
6. Ms Oliphant subsequently appeared before the Ethics Committee at
Pretoria on 06 November 2008. She indicated that she had been
suffering from a major depressive disorder and that she was
admitted to a Psychiatric Clinic for the period 02 – 24 April
2008. A medical certificate for this period was produced. No
application for leave or medical certificates was produced for
the period 25 April – 05 November 2008.
7. Ms Oliphant indicated that she would resume her duties on 10
November 2008. The Ethics Committee requested her to obtain a
written report from her medical practitioner confirming that she
had recuperated to such an extent that she was able to resume
her duties as a magistrate. She undertook to provide such a
report on 20 November 2008.
8. Ms Oliphant resumed duties on 10 November 2008 and was present
until 14 November 2008. She was then absent from office from 17
November 2008 and again failed in her responsibility to report
her absence to her Judicial Head.
9. Ms Oliphant failed to attend a meeting scheduled for 20 November
2008 and to produce a report from her medical practitioner on
her fitness for duty. She again did not communicate with her
Judicial Head of Office in this regard and all attempts to
contact her were unsuccessful.
10. On 05 December 2008 Ms Oliphant was informed in writing that her
conduct amounted to serious misconduct. She was further advised
that should she fail to report for duty or fail to inform her
Judicial head of her whereabouts by 17 December 2008, she would
be deemed to have absconded and that she would have made herself
guilty of misconduct. A letter was served on her but Ms Oliphant
was not at home at the time and the letter was left on a chair
in the living room through an open window.
11. Two Judicial Quality Assurance Officers, in a final attempt,
traced Ms Oliphant to her residence in Mitchells Plain on 14
January 2009. The Judicial Officers met with Ms Oliphant and
requested an explanation for her absence from office. She did
not give an explanation. She was advised to contact her Judicial
Head and report for duty. Ms Oliphant failed to do so.
Legal requirements 1. If a magistrate is absent without leave or valid reason from his/her office or duty for a period of 30 days or longer the following applies: a. The Commission must in terms of regulation 34(1) of the Regulations for Judicial officers in Lower Courts, 1994, be informed without delay; and b. It shall be deemed that the magistrate has absconded and made himself/herself guilty of misconduct. 2. In terms of section 13(4) (a) of the Magistrates Act, 1993 (Act no 90 of 1993) the Minister for Justice and Constitutional Development, if the Magistrates Commission recommend that a Magistrate be removed from office, on inter alia, the basis of misconduct, must suspend that magistrate from office or if the Magistrate is at that stage provisionally suspended in terms of the Act, confirm the suspension.
3. The report in which such suspension and the reasons therefore
are made known, must be tabled in Parliament by the Minister
within 14 days of that suspension if parliament is then in
session or, if parliament is not then in session, within 14 days
after the commencement of the next ensuing session.
4. In terms of section 13(3)(c) of the Magistrates Act, 1993,
Parliament must, as soon as is reasonably possible, pass a
resolution as to whether or not the provisional suspension of a
magistrate is confirmed.
Committee recommendation: 1. The Select Committee recommends that the Magistrates Commission endeavours to contact Ms Oliphant for one last time, in writing, to request that she produce her medical records for review by the Ethics Committee of the Magistrates Commission.
2. The Select Committee further recommends that Ms Oliphant be
given two weeks, from the date of receipt of the letter, to
comply with the above-mentioned request to produce her medical
records.
3. The Select Committee expects a report from the Magistrates
Commission on Tuesday, 15 September 2009, on the basis of which
the Committee would finalise its recommendation to the National
Council of Provinces.
-
Report of the Select Committee on Security and Constitutional Development on the Update Report of Magistrate Bacharam, dated 26 August 2009
-
Introduction
The Select Committee on Security and Constitutional Affairs, having considered the update report on the provisional suspension from office of Magistrate A Bacharam tabled by the Minister for Justice and Constitutional Development in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act no 90 of 1993), reports as follows:
-
Ms Bacharam was charged for a traffic offence and summoned to appear in the Scottburgh District Court on 13 December 2005. She had an option to pay an admission of guilt fine of R300-00 (three hundred rand). On 27 October 2005, she was approached in her office by the Sheriff for service of the summons. Instead of accepting service of the summons, she called an interpreter to her office and requested her to accept service of the summons on her behalf. The interpreter subsequently signed on the return of service and left Ms Bacharam’s office. On 13 December 2005, the date of trial, all traffic summonses were brought before Ms Bacharam. She dealt with the cases, including her own. She, herself, struck case no B7309/05 in which she was an accused, from the roll. The case was thereafter filed. She did not pay the admission of guilt fine.
-
Due to Ms Bacharam hearing her own case and striking it from the roll she was criminally charged with defeating or obstructing the administration of Justice. The Magistrates Commission also brought disciplinary charges against her.
-
A disciplinary hearing was set down by the Magistrates Commission for 30 May 2008. Ms Bacharam’s representative requested a postponement of the inquiry pending the finalization of the criminal case against her.
-
Ms Bacharam was on 13 February 2009 acquitted on the above criminal charge.
-
The Committee was informed that the Magistrates Commission has subsequently reviewed the transcription of proceedings in the criminal case and had, on Tuesday, 25 August 2009, advised the Minister for Justice and Constitutional Development on the feasibility of proceeding with a disciplinary hearing.
- The Minister for Justice and Constitutional Development is considering the recommendation by the Magistrates Commission and will inform Parliament on the appropriate course of action.
-
The Committee therefore awaits the tabling of the report from the Minister for Justice and Constitutional Development in Parliament in order to conclude the matter.
WEDNESDAY, 2 SEPTEMBER 2009
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Draft Bills submitted in terms of Joint Rule 159
(1) Local Government: Municipal Property Rates Amendment Bill, 2009,
submitted by the Minister for Cooperative Governance and
Traditional Affairs. Referred to the Portfolio Committee on
Cooperative Governance and Traditional Affairs and the Select
Committee on Cooperative Governance and Traditional Affairs.
TABLINGS
National Assembly and National Council of Provinces
- The Minister for the Public Service and Administration
(a) Strategic Plan of the Department of Public Service and
Administration for 2009-2012.
(b) Report and Financial Statements of Public Administration
Leadership and Management Academy (Palama) Vote 10 for 2008-2009,
including the Report of the Auditor-General on the Financial
Statements and Performance Information of Vote 10 for 2008-2009 [RP
187-2009].
- The Minister of Trade and Industry
(a) Report and Financial Statements of the National Gambling Board
(NGB) for 2008-2009, including the Report of the Auditor-General on
the Financial Statements and Performance Information for 2008-2009
[RP 174-2009].
(b) Report and Financial Statements of the South African National
Accreditation System (SANAS) for 2008-2009, including the Report of
the Independent Auditors on the Financial Statements and
Performance Information for 2008-2009 [RP 168-2009].
- The Minister of Water and Environmental Affairs
a) Notice No 748 published in Government Gazette No 32404 dated 14
July 2009: National Environmental Management: Protected Areas
Amendment Act, 2009 (Act No 15 of 2009).
b) General Notice No 964 published in Government Gazette No 32394
dated 15 July 2009: Draft Model Air Quality Management By-law for
adoption and adaptation by municipalities in terms of the National
Environmental Management: Air Quality Act, 2004 (Act No 39 of
2004).
c) General Notice No 756 published in Government Gazette No 32426
dated 20 July 2009: Marking of rhinoceros horn and hunting of white
rhinoceros for trophy hunting purposes in terms of the National
Environmental Management: Biodiversity Act, 2004 (Act No 10 of
2004).
d) Government Notice No 777 published in Government Gazette No 32439
dated 24 July 2009: National Policy in Thermal Treatment of General
and Hazardous Waste in terms of the National Environmental
Management: Waste Act, 2008 (Act No 59 of 2008).
e) General Notice No 1001 published in Government Gazette No 32434
dated 24 July 2009: List of Activities which result in Atmospheric
emissions which have or may have a significant detrimental effect
on the environment, including health, social conditions, economic
conditions, ecological conditions or cultural heritage in terms of
the National Environmental Management: Air Quality Act, 2004 (Act
No 39 of 2004).
- The Minister of Basic Education
a) Report and Financial Statements of the Department of Education Vote
13 for 2008-2009, including the Report of the Auditor-General on
the Financial Statements and Performance Information of Vote 13 for
2008-2009 [RP 191-2009].
b) Report and Financial Statements of the Education Labour Relations
Council for 2008-2009, including the Report of the Auditor-General
on the Financial Statements and Performance Information of the
Transformation Fund of the Education Labour Relations Council for
2008-2009 [RP 176-2009].
c) Report and Financial Statements of the Council for Quality
Assurance in General and Further Education and Training - UMALUSI
for 2008-2009, including the Report of the Independent Auditors on
the Financial Statements and Performance Information for 2008-2009.
COMMITTEE REPORTS
National Council of Provinces
- Report of the Select Committee on Public Services on Budget Vote 5: Department of Public Works, dated 25 August 2009
Having considered Budget Vote 5 of the Department of Public Works, the Committee reports as follows:
-
Introduction
On 23 June 2009, the Select Committee on Public Services met with the Department of Public Works to consider Budget Vote 5.
-
Aim of the Department of Public Works
The aim of the Department is to provide and manage the accommodation, housing, land and infrastructure needs of national departments; lead and direct the implementation of the national expanded public works programme; and promote growth, job creation and transformation in the construction and property industries.
-
Strategic Objectives
1. The 2009/10 – 2011/12 Strategic Plan of the Department is informed
by the following government strategic documents:
i) Current Medium Term Strategic Framework.
ii) Fifteen Year Review.
iii) 2009 development indicators.
iv) Medium term Budget Policy Statement and the Budget Vote.
v) Millennium Development Goals.
vi) May 2009 Cabinet Lekgotla decisions.
2. Public Works Strategic Goals
i) Provide strategic leadership for effective and efficient
asset management.
ii) Establish an enabling environment for the creation of short
and sustainable work opportunities for the unemployed.
iii) Contribute to the national goal of job creation and poverty
alleviation.
iv) Transform and regulate of the construction and property
industries to ensure economic growth and development
v) Ensure effective and efficient implementation of project
management in the construction and property management
environments.
vi) Effective stakeholder management for enhanced implementation
of the Department’s mandate.
vii) Ensure effective corporate governance processes and sound
resources management.
viii) Improve service delivery to meet clients’ expectations.
-
Challenges
The following challenges were highlighted by the Department of Public Works:
i) There was a shortage of built environment skills in the country. ii) Incorrect and incomplete data complicated the facilitation of projects. iii) Limited integration of business processes also impacted on projects. iv) There was a lack of inter-operability due to unaligned terminology. v) Finalisation of reclaiming the Department’s mandate. vi) The difficulty in attracting and retaining personnel from the professional and technical fields due to the shortage of skills. Competition for these skills from the private sector and global economy also exacerbated the problem. -
Concerns
Having considered and deliberated on the Departmental Budget Vote 5 the Committee noted the following:
i) The Department’s contribution to the 500 000 jobs and whether these would be decent and sustainable, as it is assumed that the DPW could provide for the bulk of the jobs. The Committee also noted that many local governments were not in a position to create jobs. ii) The Department should engage with the public and private sectors as it could play a fundamental role with regard to skills development, especially in the building sector. iii) The condition of the buildings, mainly schools and hospitals, lacked quality service delivery. iv) Many state buildings had been vandalised. The Department needs to do an audit of buildings belonging to the DPW. v) Insufficient finance led to many vacancies not being filled with the Department. vi) Unused funds within departments should be spent in different spheres of government to avoid fiscal dumping. vii) Many young people had been recruited and completed practical tests as part of the National Youth Services (NYS). Many had not, however, completed the theory component of the programme. viii) Eight per cent (8%) of National Government Buildings were found to be in a good condition. Twenty per cent (20%) were reported to be in a poor condition. ix) Many new Members of Parliament had difficulty in accessing Parliamentary Villages due to former Members not vacating the residents. x) Many building were not user friendly for people with disabilities. -
Conclusion
The Department should present its plan with regard to the EPWP II. In order to make monitoring possible, the Department must give a breakdown of the expected contributions by provinces towards job creation.
-
Recommendation
The Committee, having considered Budget Vote 5 of the Department of Public Works, recommends that Budget Vote 5 be passed.
Report to be considered
-
Report of the Select Committee on Public Services on Budget Vote 33: Department of Transport, dated 25 August 2009
Having considered Budget Vote 33 of the Department of Transport, the Committee reports as follows:
-
Introduction
On 26 June 2009, the Select Committee on Public Services met with the Department of Transport to consider Budget Vote 33.
-
Mandate of the Department of Transport
The mandate of the Department is to maximize the contribution of transport to the economic and social development goals of the society by providing fully integrated transport operations and infrastructure.
The aim of the Department of Transport is to lead the provision of an integrated, sustainable, reliable and safe transport system, through safety and economic regulation, planning, development, coordination, promotion and the implementation of transport policies and strategies.
-
Strategic Objectives
a. To effectively manage a national innovative research centre and provide economic advice and analysis for all modes of transport. b. To create an enabling regulatory environment for road, aviation and maritime transport, and manage accident and incident investigations in all modes of transport. c. To manage and facilitate integrated planning and inter-sphere coordination for transport infrastructure and operations. d. To manage the implementation of the transport logistics strategy and the development of freight movement corridors. e. To develop integrated accessible and affordable quality public transport networks that meet the needs of both rural and urban passengers. f. To develop appropriate mandates and monitoring mechanisms for public entities.
-
Concerns
Having considered and deliberated on Budget Vote 33, the Committee highlighted the following:
a. The outcry by the taxi industry with regard to the Bus Rapid Transit (BRT) system and the Department’s role in this process.. b. The State-of-the-Province emphasised the development of rural roads and grants for infrastructure. The Northern Cape Province would not receive the conditional grant in the current financial year. c. One of the challenges experienced by the Department with regard to the Road Accident Fund (RAF) are the claims made by foreigners. Expectations for payment were made in international currency and this created a great difference in exchange rates. d. Issues were raised around the level of preparedness of the 2010 host cities. This concern was raised in relation to the assessments conducted by FIFA. If the assessments were not up to standard, this could have a negative impact on the economic growth of the country, that is, the stadiums e. Infrastructure developments in terms of airports namely: Kimberley, Polokwane and Mpumalanga Airports, should be prioritised by the Department. f. The increased volume of trucks using rural roads caused serious damage. The Department should address the issue of the collapsed railway transport as it would ease the burden of overloaded vehicles damaging provincial roads. g. Weighbridges were not functional in many provinces, and needed urgent attention. h. The Department would be a major contributor towards the 500 000 jobs that would be created as mentioned by the President in his State-of-the-Nation Address. i. Collaboration was needed between the Department of Transport and the Department of Health to address the H1N1 flu virus. If not enough was done to improve the situation, this could scare tourists away. j. The time frame set for the taxi recapitalisation process was projected as seven years. However, the process went beyond the set time frame. k. Programmes empowering women do not indicate a programme or commitment by the Department to establish or promote co- operatives; l. A meeting between the Department of Transport and the Department of Education needs to be scheduled to deal with the issue of scholar transport. m. The simplified version of the National Land Transport Act to be made available in all official languages. -
Conclusion
The Committee noted that some provinces did not have the capacity to spend grants or spent it incorrectly. The Committee would welcome the assistance of the Department to assist provinces in allocating such funds. The Department requested the Committee’s assistance with the implementation of legislation to capacitate the Cross-Border Road Transport Agency, to execute its mandate. The Committee notes the important role that provinces play in terms of transport
-
Recommendation
The Committee, having considered Budget Vote 33 of the Department of Transport, recommends that Budget Vote 33 be passed. Report to be considered
-
Report of the Select Committee on Public Services on Budget Vote 26: Department of Human Settlements, dated 25 August 2009
Having considered Budget Vote 26 of the Department of Human Settlements, the Committee reports as follows:
-
Introduction
On 26 June 2009, the Select Committee on Public Services met with the Department of Human Settlements to consider Budget Vote 26.
-
Objectives of the Department
The aim of the Department of Human Settlements is to determine, finance, promote, coordinate and monitor the implementation of housing policy and human settlements.
The Department aims to meet Government’s constitutional responsibility of ensuring that every South African has access to permanent housing with secure tenure, privacy, protection from the elements and access to basic services.
1. Strategic Objectives
The reviewed mandate of the Department informed the strategic intent
and strategic objectives to focus the Department in its
delivery efforts and to strategically align the organisation in terms
of the internal structure, systems, processes and procedures as
follows:
a. Accelerate the delivery of housing and integrated sustainable
human settlements.
b. Utilise housing delivery as a catalyst for major job creation
and economic growth.
c. Ensure residential property is accessible to all to alleviate
asset-poverty and create wealth.
d. Promote social cohesion and improve quality of life for all
in sustainable integrated human settlement.
e. Mainstream alternative technologies and innovative planning
for sustainable human settlements.
-
Key challenges facing the housing sector
f. Growing housing backlog. g. Insufficient inter-governmental co-ordination for accelerated delivery. h. Inadequate capacity in provincial and local spheres of government to deliver on national priorities. i. Lack of capacity in the department to monitor and evaluate the housing programme. j. Insufficient capacity at provincial and local government level to administer the housing subsidy scheme. k. Absence of best-practice models for expeditious delivery of housing. l. Poor planning and project management capacity I provincial and municipal spheres of government. m. Lack of technical expertise for unblocking housing deliver bottlenecks and fast-tracking projects to upgrade informal settlements. n. Supply constraints in the construction industry. o. Challenges of transformation, alignment and co-ordination. -
Concerns
Having considered and deliberated on the Departmental Budget Vote 26, the Committee noted the following:
p. The capacity of the Housing Development Agency (HDA) to utilise the allocated budget of R49.5 million, since its inception at the beginning of the current financial year. q. Thubelisha and Servcon had ceased to exist and were expected to be replaced by the HDA. The budget indicated funds allocated to Thubelisha and Servcon, and a concern was raised about the responsible body to oversee the function. r. The creation of a unit within the Department to facilitate projects specifically targeted for women and youth. s. The housing cover for military veterans, as there would be a certain quota per province. t. Farm workers needed to be educated with regard to the housing policy and their rights to land. u. The rapid growth of informal settlements, especially in unsafe areas. v. The provision of legislation to assist with the eviction of illegal occupants. w. The budget reflected a decrease in funds allocated to improve the Department’s capacity to deal with inter-governmental relations. x. The involvement of the Department in dealing with the mandate of different spheres of Government, specifically with regard to housing. y. The challenges experienced at the N2 Gateway and the Khutsong Resettlement Projects and mechanisms in place to prevent recurrence. z. The decrease in funds allocated to improve the Department’s capacity to deal with inter-governmental relations as the needs of the poorest members of society, in terms of land acquisition, were often ignored. -
Conclusion
The Committee urged the Department to recommit itself to the intervention programme as it played a vital role in assisting provinces and municipalities in service delivery. Furthermore, as a matter of urgency, the Department should combat the settlement of dwellers in unsafe areas.
Recommendation
The Committee, having considered Budget Vote 26 of the Department of
Human Settlements, recommends that Budget Vote 26 be passed.
Report to be considered
THURSDAY, 3 SEPTEMBER 2009 ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Classification of Bills by Joint Tagging Mechanism (JTM)
(1) The JTM in terms of Joint Rule 160(6) classified the following
Bill as a money Bill:
a) Taxation Laws Amendment Bill [B 10 – 2009] (National Assembly
– sec 77).
(2) The JTM in terms of Joint Rule 160(6) classified the following
Bill as a section 75 Bill:
(a) Taxation Laws Second Amendment Bill [B 11 – 2009]
(National Assembly – sec 75).
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Trade and Industry
a) Report and Financial Statements of Khula Enterprise Finance
Limited for 2009-2009, including the Report of the Independent
Auditors on the Financial Statements and Performance Information
for 2008-2009 [RP 128-2009].
(b) Report and Financial Statements of the National Empowerment Fund
for 2008-2009, including the Report of the Independent Auditors on
the Financial Statements and Performance Information for 2008-2009
[RP 205-2009].
2. The Minister of Higher Education and Training
a) Report and Financial Statements of the South African
Qualifications Authority for 2008-2009, including the Report of
the Auditor-General on the Financial Statements and Performance
Information for 2008-2009 [RP 66-2009].
3. The Minister of Public Enterprises
(a) Report and Financial Statements of Eskom Holdings Limited for
2008-2009, including the Report of the Independent Auditors on the
Financial Statements and Performance Information for 2008-2009.
-
The Minister of Communications
(a) Report and Financial Statements of Sentech Limited for 2008- 2009, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2008-2009.
-
The Minister of Science and Technology
(a) Report and Financial Statements of the Tshumisano Trust for
2008-2009, including the Report of the Independent Auditors on the
Financial Statements and Performance Information for 2008-2009.
COMMITTEE REPORTS
National Council of Provinces
- Report of the Select Committee on Land and Environmental Affairs on the Presidential Launch of the Comprehensive Rural Development Programme: Muyexe, Giyani District Municipality in Limpopo Province dated 25 August 2009
1. Introduction and background
The Select Committee: Land and Environmental Affairs, was invited by the Department of Rural Development and Land Reform, to attend the official launch of the Comprehensive Rural Development Programme, on the 17 August
- The programme was launched at the pilot site in Muyexe in the Greater Giyani District Municipality in the Limpopo province. A delegation was selected to represent the SC: Land and Environmental Affairs at the launch, which included Members of Parliament, Honourable Mokgoro (ANC) and Honourable Worth (DA) together with the Content Advisor (Deshni Pillay).
The Muyexe village was selected for the pilot project due to the high levels of poverty, unemployment and under development. The Greater Giyani District is classified as a rural municipality with the main challenge being access to water. The area is characterised by a dry and hot climate. Basic services like access to safe drinking water, sanitation, health services and transportation are unavailable. Since the selection of the site for piloting the Comprehensive Rural Development Strategy, there has been an increase in economic activity and interest from developmental agencies. The Independent Development Trust (IDT) has been closely involved in several projects within the Muyexe village, by initiating construction projects thereby empowering the marginalised community.
During the launch of the programme several projects were show-cased, these included:
- The Nene family house
- Primary and Secondary School renovation project
- Muyexe Hospital
- Community Center
-
Macena Community Farm
- Site visits to the different projects
The original Nene home was a traditional hut and after an exceptionally harsh storm in January 2008 the house was destroyed leaving the family vulnerable. A further tragedy was the death of the father in February of the same year. The 11 occupants were destitute and appealed to the government officials for assistance. The Department of Rural Development and Land Reform together with the IDT then committed to building a six- bedroomed house for the family. The house is a brick-house with an adjoining vegetable garden and proposed orchard to ensure that the household has access to food and becomes sustainable. The current challenge is having access to water to start the food garden as water availability is limited to the rainy season and the high levels of nitrates in the water decreases its quality. Currently the area is experiencing a drought and this has further contributed to the poverty in the community.
The two schools in the area have been renovated and toilets have been built as part of the programme. There are no flush toilets but running water is now available. Previously the schools had no sanitation facilities and now there is limited access to taps and ventilated pit latrines.
The old visitors centre has now been upgraded to replace the mobile hospital that visited the village once a month. The proposed plans for the hospital include a staff quarters so that the clinic/hospital can be accessible 24 hours a day by the community. The Department of Heath has now dedicated one permanent nursing sister to service the clinic. Currently the newly renovated building has several consulting rooms and the clinic is relatively well stocked for consultations. No antiretrovirals are currently available at the clinic/hospital.
The Muyexe Community Centre is currently being built and the project is contributing to the employment of the village. Both men and women are employed and each household is represented by one member, so that the benefits of employment can be equitable. The proposed computer facilities for the village will also be located in the building. The service will include a virtual learning portal for school learners and teachers. Other government service centres will also be housed in this building.
The Macena Community farm comprises of a group of 36 women farmers assisted by the Organic Farms group and the Department of Rural Development and Land Reform to produce organic vegetables for the local Spar supermarket in Giyani. The farmers receive very limited support from the Department of Agriculture and recently lost their tomato crop to red spider mite infestation. The farm is 15 ha but only 4 ha are being used productively. The plans to expand the infrastructure to include a pack-house, storage facility and shade-cloth nursery are underway. The challenge for the group is proper expertise and advice on extension services and production.
- Recommendations
❖ The Department of Rural Development and Land Reform is required to
report to the Committee on a quarterly basis on the progress of each
of the implementation plans of the two pilot projects, especially
regarding the co-ordination of activities with other Departments and
local structures (i.e. regional offices, provincial departments and
local authorities).
❖ The Department of Rural Development and Land Reform is required to
provide the committee with quarterly progress reports on the
Comprehensive Rural Development Strategy and implementation plan with
milestones achieved over for the financial year and MTEF period.
❖ The Department of Rural Development and Land Reform to report within
two months of adoption of the report by the house on the extent that
alternative energy sources and specifically green design options for
solar energy that have been implemented in the design of the houses
for the rural development projects.
❖ The Department of Water and Environmental Affairs is required to
report within two months of adoption of the report by the house on the
status of access to free basic water within the Greater Giyani
District Municipality, with specific reference to the dam and the bulk
infrastructure within the area.
❖ The municipality is required to report within two months of adoption
of the report by the house on the progress made in providing water and
sanitation services to the constituency of Muyexe.
❖ The Department of Rural Development and Land Reform to report within
two months of adoption of the report by the house on the public
participation process followed during the implementation of the pilot
project within the Muyexe village. Report to be considered.
- REPORT OF THE SELECT COMMITTEE ON TRADE AND INTERNATIONAL RELATIONS ON BUDGET VOTE 32 AND THE MEDIUM TERM STRATEGIC FRAMEWORK 2009 - 2012: DEPARTMENT OF TRADE AND INDUSTRY (the dti), DATED 29 JUNE 2009.
The Select Committee on Trade and International Relations, having considered Budget Vote 32 of the Department of Trade and Industry, reports as follows:
- Introduction
The Select Committee on Trade and International Relations’s briefing on the budget vote of the Department of Trade and Industry took place on the 26th June 2009.
The delegation from the Department appearing before the Committee included: Deputy Minister Ms M Ntuli, Mr Tshediso Matona (Director General), Mr Sipho Zikode (Acting Deputy Director General), Tumelo Chipfupa (Deputy Director General), Mr Nimrod Zalk (Deputy Director General), Mr Kumaran Naiden (Chief Financial Officer), Ms Lillian Mofokeng (Chief Director: Coomunications) and Ms Malebo Mabitje Thompson (Acting Head: ERPC).
The information contained in this report focuses mainly on the Department’s Medium Term Strategic Framework (MTSF) for 2009 – 2012. The report covers the following areas: Overview of the Economy (Challenges and Responses), Overview of the Department of Trade and Industry’s strategy-Key Interventions of the MTSF period, Allocated resources and Challenges.
- Overview of the Economy
Challenges
In his presentation to the Committee, the Director-General highlighted the global economic downturn and its impact on the local economic environment.
While the crisis first appeared in the financial sector, it has become a deep real economy and job crisis which threatens the economies of the developed and the developing world.
South Africa as part of the global village is not immune to the economic crisis affecting the world economy. The domestic economy is in recession and the Gross Domestic Product (GDP) has contracted by 6.4 % on the annualized basis in the First Quarter of 2009.
The crisis has negatively impacted on South Africa’s industrial base and the following are some of the economic challenges:
• Manufacturing production has decreased by 11, 7% in March 2009.
• A labour intensive sector such as wood products, leather, clothing and
textiles has declined dramatically.
• Mining production has decreased by 12.8 in March 2009.
• Company liquidations in the First Quarter of 2009 increased by 46.7%
(from 687-1 008).
• The Quarterly Labour Force Survey gave an indication that a total of
208 000 workers lost their jobs between the First Quarter of 2008 and
First Quarter of 2009. Responses to the economic crisis
2.5 In response to the economic crisis crippling the economy, government and the social partners on 19 February 2009 reached consensus on the mechanism and interventions to be put in place to address the economic crisis, the mechanism agreed upon is referred to as the Framework for SA’s response to the international crisis.
2.6 The framework outlines the following measures: • Defensive measures aimed at protecting the South African economy and society in the face of the economic crisis. The government economic cluster together with the social partners need to urgently expedite implementation of the framework agreement. • Transformative measures to deal with the long standing structural economic problems.
2.7 The main focus area of the framework focuses on maintaining high levels of public investment in infrastructure to support private and public job preservation and creation.
2.8 In order to rebuild local industrial capacity and to avoid the erosion of the country’s manufacturing base there is a high need to utilize industrial and trade policies.
2.9 Guided by the framework agreed upon at NEDLAC, the Department of Trade & Industry has formulated its in-house responses focusing mainly on: • Improving access to finance. • Addressing under invoicing, dumping and illegal imports. • Leveraging the capital expenditure programme and broader government procurement to stimulate demand and support the local manufacturing base. • Improving competitiveness of local industries by intensifying awareness campaigns on the suite of incentives on offer. • Addressing growing global protectionism through active participation in trade negotiations.
- Overview of the Department of Trade and Industry’s strategy
Key interventions over the MTSF period
As part of its key intervention strategy the Department organized work according to the following themes: • Industrial Development • Trade, Investment & Exports • Broadening Participation • Regulation • Administration and Co-operation
3.1 Industrial Development
As a significant part of the national response to the global economic
slowdown, the Department has prioritized industrial development as a
crucial strategy in order to rebuild the local industrial capacity.
The industrial development seeks to address the following:
✓ Over the next three years the Department intends to grow and
diversify manufacturing services by facilitating and monitoring
the implementation of the industrial policy action plan.
✓ Strengthen regional industrial development and cooperation by
working with regional economic communities to harmonize business
laws and develop strategies on continental norms for
agricultural, industrial and environmental standards.
✓ Assist firms experiencing economic distress through the
amendment of the incentive rules
✓ Utilize COEGA, East London & Richards Bay Industrial
Development Zones (IDZ’s) to attract new foreign and local
investment.
3.2 Trade, Investment and Exports
South Africa seeks to expand and strengthen the trade and investment
ties with key political and economic players globally by consolidating
trade investment relations with developed countries through continued
engagement with the European Union and the US, deepen economic links
with major developing countries such Brazil and India and strengthen
Africa’s continental integration and development negotiated frameworks
in the AU and NEPAD.
3.3 Broadening participation
• To foster the growth of small business enterprises and co-operatives,
the Department seeks to create a broader participatory environment
through the support of agencies such as Khula, the Small Enterprise
Development Agency and the South African Micro-finance Apex Fund.
• Furthermore, the Department intend to increase the participation of
the historically disadvantaged individuals and businesses to enter the
main stream economy through the promotion of empowerment and equity
policies.
3.4 Regulation
In order to increase access to economic opportunities for historically
disadvantaged individuals, as their strategic plan going forward the
Department will monitor all Departmental regulatory entities.
3.5 Administration and Co-ordination
To continue providing quality service the attraction, development and
retention of professional skills is going to be addressed by
implementation of the Human Resource Development Strategy and reviewed
Performance Management System.
3.6 Allocated Resources
The allocation of the budget over the MTEF period (2009 – 2012) is as
follows:
2009/10 : R6 344 192
2010/11 : R5 752 987
2011/12 : R6 003 769
-
Committee responses to the briefing
In the interrogation of the briefing, the Committee raised a number of issues emanating from the briefing. The issues raised by the Committee are follows:
• While the Department is functioning under a restrictive regulatory environment, what measures are in place to attract investment under such a restrictive environment? • What is the effectiveness of the current macro-economic variables. • Are there any plans by the current government to review the ASGISA policy? • Regarding the economic downturn, what is the turnaround strategy to address poverty and rural development? • Industrial Development Zones - why the development of these zones is on the eastern side of the country and not the other parts of the country. • Given the high rate of textile industries closures mainly due to illegal dumping of textiles by Countries such as India, the Committee wanted to know what the DTI is doing to address the matter. • Overpricing by local factories - what is it that the DTI is doing to deal with this matter.
-
Conclusion
The Committee welcomed the briefing by the Department and took an undertaking that it is still going to interact with the Department in order to obtain more insight into the functioning of the Department and its agencies.
The Committee supports Budget Vote 32.
Report to be considered.
FRIDAY, 4 SEPTEMBER 2009
TABLINGS
National Assembly and National Council of Provinces
-
The Minister in The Presidency (Mr T A Manuel)
(a) Green Paper on National Strategic Planning – September 2009.
-
The Minister of Trade and Industry
a) Report and Financial Statements of the Competition Tribunal for
2008-2009, including the Report of the Auditor-General on the
Financial Statements and Performance information for 2008-2009 [RP
196-2009].
b) Report and Financial Statements of the National Metrology Institute
of South Africa for 2008-2009, including the Report of the
Independent Auditors on the Financial Statements and Performance
Information for 2008-2009 [RP 144-2009].
(c) Report and Financial Statements of the Small Enterprise
Development Agency for 2008-2009, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2008-2009.
(d) Report and Financial Statements of the Estate Agency Affairs
Board for 2008-2009, including the Report of the Independent
Auditors on the Financial Statements and Performance Information
for 2008-2009.
(e) Report and Financial Statements of the International Trade
Administration Commission of South Africa for 2008-2009, including
the Report of the Auditor-General on the Financial Statements and
Performance Information for 2008-2009 [RP 213-2009].
(f) Report and Financial Statements of the South African Micro-
finance Apex Fund for 2008-2009, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2008-2009 [RP 113-2009].
MONDAY, 7 SEPTEMBER 2009
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Higher Education and Training
a) Report and Financial Statements of the Department of Education -
Vote 13 for 2008-2009, including the Report of the Auditor-General
on the Financial Statements and Performance Information of Vote 13
for 2008-2009 [RP 191-2009]
Please note: The above report was also tabled by The Minister of
Basic Education on 2 September 2009.
- The Minister of Water and Environmental Affairs
(a) Report and Financial Statements of the South African Weather
Service for 2008-2009, including the Report of the Auditor-General
on the Financial Statements and Performance Information for 2008-
2009 [RP 107-2009].
(b) Report and Financial Statements of the iSimangaliso Wetland
Park for 2008-2009, including the Report of the Auditor-General on
the Financial Statements and Performance Information for 2008-2009.
National Council of Provinces
- The Chairperson
a) Strategic Framework Plan of the National Council of Provinces.
CREDA INSERT - T090907e-insert1 –PAGES 710-726
TUESDAY, 8 SEPTEMBER 2009
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Membership of Committees
Ms H C Magabedeli was elected as chairperson of the Joint Standing
Committee on Defence on 2 September 2009.
TABLINGS
National Assembly and National Council of Provinces
-
The Minister in The Presidency: Performance Monitoring and Evaluation
(a) Paper on Improving Government Performance [RP 223-2009].
-
The Minister of Justice and Constitutional Development
(a) Report and Financial Statements of the National Prosecuting Authority (NPA) for 2008-2009, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2008-2009 [RP 116-2009].
(b) Report and Financial Statements of the Council for Debt Collectors for 2008-2009, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2008-2009. (c) Register of Debt Collectors in terms of section 12(1) of the Debt Collectors Act, 1998 (Act No 114 of 1998).
-
The Minister of Public Enterprises
(a) Report and Financial Statements of Denel (Proprietary) Limited for 2008-2009, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2008- 2009.
COMMITTEE REPORTS
National Council of Provinces
Report of the Select Committee on Land and Environmental Affairs on the Annual Report for 2008/2009 of the Commission on Restitution of Land Rights, dated 1 September 2009:
The Select Committee on Land and Environmental Affairs, having considered the Annual Report and Financial Statements for 2008/2009 of the Commission on Restitution of Land Rights, reports as follows:
- Introduction
On 11 August 2009, the Select Committee met with the Land Claims Commission to discuss its Annual Report and Financial Statements for 2008/2009.The Commission presented to the Select Committee on the following: • Purpose of Restitution – Strategic Objectives • Complex Claims • Business Process - Strategic Partnerships • Business Process – Support for Struggling Projects • Finalisation of outstanding claims • Challenges and Strategies • Budget breakdowns for the following years: o 2010 / 11 o 2011 / 12 o 2012 / 13
- Deliberations by the Committee
2.1. The Committee engaged the Commission on the high vacancy rate in the Eastern Cape, Mpumalanga and KZN provinces, and what remedies were being implemented. The Committee requested the Commission to forward its staff retention strategy.
2.2. The Commission was queried about parcels of land that were not yet identified by the Department of Public Works as state assets, and how this affected restitution claims.
2.3. The Committee asked why statistics showed that the bulk of the remaining claims were rural, which raised the question about the settlement of urban claims?
2.4. In answering the Committee’s question, the Commission indicated that feasibility studies were conducted on all donated land received for the purpose of restitution. 2.5. It was agreed that the Community Property Associations (CPA) should be reviewed and that legislation would be required to effect these changes. The Commission raised the issue of Community Property Associations and its implementation in communally owned land, as the traditional tribal authorities were not adequately included in the restitution process.
2.6. A question as to what assistance was given to claimants, who are acquiring mineral rights to land that they received under the Land Restitution Act was discussed.
2.7. The Committee discussed support given to land claimants for food security and which departments were responsible for this particular function.
- Challenges identified
3.1. The Committee and the Commission engaged each other on the issue of land restitution vs. financial compensation. There was a concern that some ommissioners coerced claimants into accepting financial compensation rather than pursue land claims.
As stated in the Restitution Act, the Commissioners made both options
available to claimants, for their independent decision on which course
of action to pursue. The Commission stated that some claimants,
especially old people, prefer to take financial compensation instead
of being uprooted a second time.
3.2. The Committee inquired about the delay in finalising the proposed amendments to the Expropriation Act.
The Commission stated that the process was not finalised due to lack
of public consultation, and that the Bill is the responsibility of the
Department of Public Works.
3.3. The Committee expressed concern on the slow pace of settlements of claims.
The Commission responded by outlining the challenges experienced with
complex claims and difficultly in retaining staff.
3.4 The Committee was not pleased with the statement made by the Commission in their presentation document, stating that a savings was made due to good planning. The Committee was of the opinion that the money should have been utilised, in light of the fact that there are still many claims outstanding.
-
Resolution
-
The Committee resolved that:
• the Commission should forward to the committee a report with the breakdown of the 200 struggling projects, per province and the amount of money allocated to the projects within 14 days. • the Commission should forward a report on it’s Human Resource Retention Strategy to the Committee.
Report to be considered.
WEDNESDAY, 9 SEPTEMBER 2009
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Classification of Bills by Joint Tagging Mechanism (JTM)
(1) The JTM in terms of Joint Rule 160(6) classified the following
Bill as a section 75 Bill:
a) Protection of Personal Information Bill [B 9 –
2009] (National Assembly – sec 75)
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Science and Technology
(a) Report and Financial Statements of the Council for Scientific
and Industrial Research (CSIR) for 2008-2009, including the Report
of the Auditor-General on the Financial Statements and Performance
Information for 2008-2009 [RP 117-2009].
THURSDAY, 10 SEPTEMBER 2009 ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Introduction of Bills
(1) The Minister for Cooperative Governance and Traditional Affairs
a) Local Government: Municipal Property Rates Amendment Bill [B
12 – 2009] (National Assembly – proposed sec 75) [Explanatory
summary of Bill and prior notice of its introduction published
in Government Gazette No 32425 of 20 July 2009.]
Introduction and referral to the Portfolio Committee on
Cooperative Governance and Traditional Affairs 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.
National Council of Provinces
The Chairperson
- Message from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council
(1) Bills passed by National Assembly and transmitted for
concurrence on 10 September 2009:
a) Taxation Laws Amendment Bill [B 10 - 2009] (National Assembly
– sec 77).
b) Taxation Laws Second Amendment Bill [B 11 - 2009] (National
Assembly – sec 75).
The Bills have been referred to the Select Committee on
Finance and Appropriations of the National Council of
Provinces.
TABLINGS
National Assembly and National Council of Provinces
-
The Minister of Water and Environmental Affairs a) Government Notice No 789 published in Government Gazette No 32449 dated 31 July 2009: Publication of the Policy for the Transfer of Commercial Fishing Rights in terms of the Marine Living Resources Act, 1998 (Act No 18 of 1998).
-
The Minister of Finance
(a) Agreement between the Republic of South Africa and the Federal
Republic of Germany for the Avoidance of Double Taxation with
respect to Taxes on Income and on Capital, tabled in terms of
Section 231(2) of the Constitution, 1996.
b) Explanatory Memorandum to the Double Taxation Agreement between the
Republic of South Africa and the Federal Republic of Germany for
the Avoidance of Double Taxation with respect to Taxes on Income
and on Capital.
(c) Agreement between the Republic of South Africa and the United
Mexican States for the Avoidance of Double Taxation and the
Prevention of Fiscal Evasion with respect to Taxes on Income,
tabled in terms of Section 231(2) of the Constitution, 1996.
(d) Explanatory Memorandum to the Double Taxation Agreement between
the Republic of South Africa and the United Mexican States for the
Avoidance of Double Taxation and the Prevention of Fiscal Evasion
with respect to Taxes on Income.
- The Minister of Higher Education and Training
a) Report and Financial Statements of the Council on Higher Education
(CHE) for 2008-2009, including the Report of the Auditor-General on
the Financial Statements and Performance Information for 2008-
2009.
- The Minister of Defence and Military Veterans
(a) Report and Financial Statements of the Armaments Corporation of
South Africa Limited (ARMSCOR) for 2008-2009, including the Report
of the Auditor-General on the Group Financial Statements and
Performance Information for 2008-2009 [RP 56-2009].
- The Minister of Arts and Culture
(a) Report and Financial Statements of the Blind SA for 2008-2009,
including the Report of the Independent Auditors on the Financial
Statements and Performance Information for 2008-2009.
(b) Report and Financial Statements of the National English
Literary Museum for 2008-2009, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2008-2009.
(c) Report and Financial Statements of the Natal Museum for 2008-
2009, including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2008-2009 [RP 179-2009].
(d) Report and Financial Statements of the Msunduzi/ Voortrekker
Museum for 2008-2009, including the Report of the Auditor-General
on the Financial Statements and Performance Information for 2008-
2009 [PR 137-2009].
(e) Report and Financial Statements of the National Arts Council
for 2008-2009, including the Report of the Auditor-General on the
Financial Statements and Performance Information for 2008-2009 [RP
181-2009].
(f) Report and Financial Statements of the Freedom Park Trust for
2008-2009, including the Report of the Auditor-General on the
Financial Statements and Performance Information for 2008-2009.
(g) Report and Financial Statements of the Market Theatre
Foundation for 2008-2009, including the Report of the Auditor-
General on the Financial Statements and Performance Information for
2008-2009 [RP 43-2009].
(h) Report and Financial Statements of the Luthuli Museum for 2008-
2009, including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2008-2009 [RP 160-2009].
(i) Report and Financial Statements of the ARTSCAPE for 2008-2009,
including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2008-2009 [RP 188-2009].
(j) Report and Financial Statements of the Afrikaans Language
Museum and Monument for 2008-2009, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2008-2009 [RP 61-2009].
(k) Report and Financial Statements of the Iziko Museums of Cape
Town for 2008-2009, including the Report of the Auditor-General on
the Financial Statements and Performance Information for 2008-2009
[RP 155-2009].
(l) Report and Financial Statements of the National Film and Video
Foundation for 2008-2009, including the Report of the Auditor-
General on the Financial Statements and Performance Information for
2008-2009 [RP 150-2009].
(m) Report and Financial Statements of the Northern Flagship Institution for 2008-2009, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2008-2009 [RP 42-2009].
(n) Report and Financial Statements of the William Humphreys Art Gallery for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008- 2009.
(o) Report and Financial Statements of the Performing Arts Centre of the Free State for 2008-2009, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2008-2009 [RP 218-2009].
(p) Report and Financial Statements of the Pan South African Language Board for 2008-2009, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2008-2009.
(q) Report and Financial Statements of the War Museum of the Boer Republics for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008- 2009.
(r) Report and Financial Statements of the Nelson Mandela Museum for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-2009 [RP 129-2009].
(s) Report and Financial Statements of the Kwazulu-Natal Performing Arts Company (Trading as the Playhouse Company) for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-2009.
(t) Report and Financial Statements of the South African Library for the Blind for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008- 2009.
(u) Report and Financial Statements of Business and Arts South Africa for 2008-2009, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2008-2009 [RP138-2009].
(v) Report and Financial Statements of the National Museum – Bloemfontein for 2008-2009, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2008-2009.
- The Minister of Science and Technology
(a) Report and Financial Statements of the Academy of Science of South Africa for 2008-2009, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2008-2009. FRIDAY, 11 SEPTEMBER 2009
TABLINGS
National Assembly and National Council of Provinces
-
The Minister of Trade and Industry
a) Report and Financial Statements of the National Consumer Tribunal for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-2009.
(b) Report and Financial Statements of the National Regulator for
Compulsory Specifications (NRCS) for 2008-2009, including the
Report of the Auditor-General on the Financial Statements and
Performance Information for the seven month period ending 31 March
2009 [RP 153-2009].
- The Minister of Arts and Culture
(a) Report and Financial Statements of the Robben Island Museum for
2008-2009, including the Report of the Auditor-General on the
Financial Statements and Performance Information for 2008-2009 [RP
180-2009].
(b) Report and Financial Statements of the South African State
Theatre for 2008-2009, including the Report of the Auditor-General
on the Financial Statements and Performance Information for 2008-
2009 [RP 57-2009].
- The Minister of Science and Technology
(a) Report and Financial Statements of the National Research
Foundation for 2008-2009, including the Report of the Auditor-
General on the Financial Statements and Performance Information for
2008-2009.
- The Minister of Finance
(a) Report and Financial Statements of the Accounting Standards
Board for 2008-2009, including the Report of the Independent
Auditors on the Financial Statements and Performance Information
for 2008-2009 [RP 63-2009].
(b) Report and Financial Statements of the Office of the Ombud for
Financial Services Providers for 2008-2009, including the Report of
the Auditor-General on the Financial Statements and Performance
Information for 2008-2009.
TUESDAY, 15 SEPTEMBER 2009
ANNOUNCEMENTS
National Assembly and National Council of Provinces The Speaker and the Chairperson
- Draft Bills submitted in terms of Joint Rule 159
(1) Prevention and Combating of Trafficking in Persons Bill, 2009,
submitted by the Minister of Justice and Constitutional
Development. Referred to the Portfolio Committee on Justice and
Constitutional Development and the Select Committee on Security and
Constitutional Development.
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
(a) Report and Financial Statements of the Financial and Fiscal
Commission (FFC) for 2008-2009, including the Report of the Auditor-
General on the Financial Statements and Performance Information for
2008-2009 [RP 183-2009].
- The Minister in The Presidency: Performance Monitoring and Evaluation
(a) Report and Financial Statements of Vote 6 – Government
Communication and Information System (GCIS) for 2008-2009, including
the Report of the Auditor-General on the Financial Statements and
Performance Information of Vote 6 for 2008-2009 [RP 194-2009].
- The Minister of Labour
(a) Report and Financial Statements of the Umsobomvu Youth Fund
(UYF) for 2008-2009, including the Report of the Independent
Auditors on the Financial Statements and Performance Information for
2008-2009.
- The Minister of Correctional Services
(a) Report and Financial Statements of Vote 18 – Department of
Correctional Services for 2008-2009, including the Report of the
Auditor-General on the Financial Statements and Performance
Information of Vote 18 for 2008-2009 [RP 197-2009].
WEDNESDAY, 16 SEPTEMBER 2009
ANNOUNCEMENTS
National Council of Provinces
The Chairperson
-
Referral to Committees of papers tabled
1) The following papers are referred to the Select Committee on Finance and Appropriations for consideration and report:
(a) Agreement between the Republic of South Africa and the Federal Republic of Germany for the Avoidance of Double Taxation with respect to Taxes on Income and on Capital, tabled in terms of Section 231(2) of the Constitution, 1996. a) Explanatory Memorandum to the Double Taxation Agreement between the Republic of South Africa and the Federal Republic of Germany for the Avoidance of Double Taxation with respect to Taxes on Income and on Capital. (c) Agreement between the Republic of South Africa and the United Mexican States for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, tabled in terms of Section 231(2) of the Constitution, 1996. (d) Explanatory Memorandum to the Double Taxation Agreement between the Republic of South Africa and the United Mexican States for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income.
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Finance
(a) Report and Financial Statements of the Public Investment
Corporation Limited for 2008-2009, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2008-2009 [RP 59-2009]. 2. The Acting Minister of Basic Education
(a) Report and Financial Statements of the South African Council
for Educators for 2008-2009, including the Report of the Independent
Auditors on the Financial Statements and Performance Information for
2008-2009.
National Council of Provinces
- The Minister of Finance
(a) Provincial Budgets and Expenditure Review, 2005/06 - 2011/12 [RP
229-2009].
COMMITTEE REPORTS
National Council of Provinces
- Report of the Select Committee on Trade and International Relations on the Convention on Registration of Objects Launched into Outer Space and the Convention on International Liability for Damage Caused by Space Objects, dated 16 September 2009:
The Select Committee on Trade and International Relations, having considered the request for approval by Parliament of the Convention on Registration of Objects Launched into Outer Space and the Convention on International Liability for Damage Caused by Space Objects, recommends that the House, in terms of section 231 (2) of the Constitution, approve the said Conventions.
- Report of the Select Committee on Finance and Appropriations on the Taxation Laws Second Amendment Bill [B11 – 2009], dated 16 September 2009:
The Select Committee on Finance and Appropriations, having considered the Taxation Laws Second Amendment Bill [B11 – 2009] (National Assembly – section 75) referred to it, reports that it has agreed to the Bill without amendment.
- Report of the Select Committee on Finance and Appropriations on the Taxation Laws Amendment Bill [B10 – 2009], dated 16 September 2009:
The Select Committee on Finance and Appropriations, having considered the Taxation Laws Amendment Bill [B10 – 2009] (National Assembly – section 77) referred to it, reports that it has agreed to the Bill without amendment.