THURSDAY, 15 OCTOBER 2009 __

          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
                                ____

The Council met at 14:00.

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.

   POSTPONEMENT UNTIL FURTHER NOTICE OF FIRST ITEM ON ORDER PAPER

                           (Announcement)

The CHAIRPERSON OF THE NCOP: Order! Hon members, I would like to inform you that the first item for discussion on the Order Paper will be postponed until further notice as the Minister has been requested to attend to urgent government business outside the country.

       DYSFUNCTIONAL LOCAL GOVERNMENT STRUCTURES IN MPUMALANGA

                         (Draft Resolution) Mr A WATSON: Hon Chair, I give notice on behalf of the DA that at the next sitting of the Council I shall move:

That the Council –

 1) notes that it is common knowledge that local government services
    have come to a virtual standstill in most municipalities in
    Mpumalanga and that civil violence has broken out in many
    municipalities;

 2) also notes that the disruption of services and consequent violence
    is a direct result of severe friction and infighting within the
    governing party, the ANC, and factions formed ...

[Interjections.] Yes, you can hide …

    ... by ANC councillors in these municipalities;


 3) further notes that the Thembisile Hani Municipality in the Nkangala
    District of Mpumalanga has been totally dysfunctional since 24
    August 2009 because of the said infighting;


 4) recognises that whilst no services have been delivered and no
    officials have been in attendance for close to two months, the peace-
    loving people of this region have been patiently waiting for
    responses by the provincial leadership and that very few signs of
    resistance have been observed; and

(5) therefore, that in the light of the inability of the ANC provincial government to act, now calls on the Minister for Co- operative Governance and Traditional Affairs to institute immediate remedial steps to ensure the proper functioning of this municipality, as mandated by the Constitution, to avoid imminent violence and disruption as experienced in other regions.

The CHAIRPERSON OF THE NCOP: Is there any objection to the motion? As there is, the motion, in light of the objection, may not be proceeded with and this motion without notice will now become a notice of motion.

        SOUTH AFRICA’S INSUFFICIENT POWER GENERATION CAPACITY

                         (Draft Resolution)

Mr R A LEES: Chairperson, I hereby move the following motion without notice:

That the Council —

  1) notes that –
      a) the South African economy is in the worst recession since the
         1920s;


      b) this recession has resulted in tens of thousands of people
         losing their jobs;

      c) the majority of the people of South Africa are faced with
         severe financial challenges;

      d) the South African government failed in its duty to ensure that
         the electricity needs of the country were adequately provided
         for and prevented Eskom from building new power generators
         despite warnings years in advance that such generation
         capacity would be required;

      e) the electricity tariff was increased by a whopping 31,3% only
         4 months ago; and

      f) excessively high tariff increases of 45% per annum for three
         years have reportedly been requested by Eskom for approval by
         the National Energy Regulator of South Africa, Nersa;

  2) therefore urges Nersa to ensure that any electricity tariff
     increase is realistic in terms of the current economic recession;
  3) requires that the government makes sufficient funding available for
     the urgent construction of additional electricity generation
     facilities;

  4) requests that Eskom speeds up the planning and implementation of
     environmentally friendly generation facilities; and

(5) urges that a full analysis of Eskom’s costs and expenses be undertaken in order to achieve significant savings.

The CHAIRPERSON OF THE NCOP: Is there any objection to the motion? [Interjections.] As there is an objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion.

       CONDOLENCES ON DEATH OF COMRADE LESLIE NZIMANI YENGENI

                         (Draft Resolution)

The CHIEF WHIP OF THE COUNCIL: Chair, I move without notice:

That the Council —

  1) notes with deep sadness and the utmost sense of loss the sad and
     untimely death of Comrade Leslie Nzimani Yengeni on 6 October 2009;
  2) further notes that Comrade Leslie, as he was affectionately known,
     was born in Fort Beaufort in the Eastern Cape and later moved to
     Gugulethu in the Western Cape;


  3) recognises that, influenced by the involvement of his sons Norman
     and Tony Yengeni in the struggle, Comrade Leslie became a
     distinguished member of the African National Congress and
     participated in various activities of the movement until his
     untimely death;


  4) acknowledges that over the years he was subjected to regular
     harassment and degrading searches of his house for his so-called
     “terrorist sons” who in 1976 became involved in the struggle for
     the national liberation and social emancipation of the oppressed
     people of South Africa; and


  5) takes this opportunity to extend its deepest and heartfelt
     condolences to his beloved wife, Olive Baba Nonasi Yengeni, and his
     three children Tony, Shirley and Ndodana and his many
     grandchildren.

     May his soul rest in peace.

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

WARM WISHES EXTENDED TO GRADE 12 LEARNERS IN FORTHCOMING NATIONAL SENIOR CERTIFICATE EXAMINATIONS

                         (Draft Resolution)

Ms M W MAKGATE: Chairperson, I move without notice:

That the Council —

  1) notes that 10 days from today, on 26 October 2009, Grade 12
     learners will be writing their National Senior Certificate
     examinations;


  2) further notes that it will be the second class of Grade 12 learners
     to write examinations of outcomes-based education, OBE, in South
     African public schools set on the National Curriculum Statement;


  3) recognises that Grade 12 examinations mark the fateful moment that
     every Grade 12 learner works towards from the beginning of their
     education and a defining step towards reaching their dream careers;


  4) calls on all stakeholders, including the Department of Education,
     parents and teachers, to support them during the examinations; and
  5) extends its warmest wishes to all Grade 12 learners throughout the
     country during their end-of-year examinations.

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

PLEDGE MADE TO DONATE R750 000 TO BLACK TIE ENSEMBLE SCHOOL NOT HONOURED

                         (Draft Resolution)

Mnr M J R DE VILLIERS: Voorsitter, ek stel sonder kennisgewing voor:

Dat die Raad —

 1) kennis neem dat in Die Burger van 11 Oktober 2009 ‘n berig verskyn
    het dat die Departement van Kuns en Kultuur in 2007-08 R750 000 aan
    die Black Tie Ensemble skool geskenk het;


 2) verder kennis neem dat die belofte wat gemaak is om in 2008-09
    dieselfde bedrag te skenk, nie eerbiedig is nie en daarom nou die
    skool nadelig raak in hul beplande optrede; en

 3) die Minister van Kuns en Kultuur vra om ondersoek in te stel waarom
    net die helfte betaal is, na verskeie versoeke, en die uitslag
    daarvan aan die Raad te rapporteer. (Translation of Afrikaans draft resolution follows.) [Mr M J R DE VILLIERS: Chairperson, I move without notice:

That the Council —

  1) notes that in Die Burger of 11 October 2009 an article appeared
     that the Department of Arts and Culture donated R750 000 to the
     Black Tie Ensemble school in 2007-08;


  2) further notes that the pledge that was made, which was to donate
     the same amount in 2008-09, has not been honoured and therefore the
     school has now been negatively affected with regard to their
     planned actions; and

  3) requests the Minister of Arts and Culture to investigate as to why,
     after several requests, only one half has been paid, and to report
     to the Council on the outcome.]

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

CONGRATULATIONS TO MR LOURIE BOSMAN ON BEING NOMINATED AS LIFELONG HONORARY PRESIDENT OF AGRI SA

                         (Draft Resolution)

Mnr J M G BEKKER: Voorsitter, ek stel sonder kennisgewing voor:

Dat die Raad sy gelukwensing oordra aan Mnr Lourie Bosman, DA-LP, met sy benoeming as lewenslange erepresident van Agri SA. (Translation of Afrikaans draft resolution follows.)

[Mr J M G BEKKER: Chairperson, I move without notice:

That the Council congratulates Mr Lourie Bosman, DA MP, on being nominated as lifelong honorary president of AgriSA.]

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

SUSPENSION AND NONREINSTATEMENT OF MR A BOSHOFF, MUNICIPAL MANAGER OF
                    RUSTENBURG LOCAL MUNICIPALITY

                         (Draft Resolution)

Mr H B GROENEWALD: Hon Chairperson, the DA moves without notice:

That the Council —

  1) notes the situation in the Rustenburg Local Municipality where the
     municipal manager, Mr A Boshoff, was suspended by the Executive
     Mayor, Mr Wolmarans, on a case of fraud on 12 August 2009 and was
     removed by force by the SAPS, who were heavily armed with automatic
     rifles;


  2) further notes that there were no charges against Mr Boshoff and he
     was supposed to be reinstated to his position, which the Executive
     Mayor refused to do; and



 (3)    investigates this matter urgently.

The CHAIRPERSON OF THE NCOP: Is there any objection to the motion? [Interjections.] There is an objection to the motion. In light of the objection, the motion may not be proceeded with. The motion without notice now becomes a notice of motion.

POSITION OF CENTRAL GAUTENG ATHLETICS ON ATHLETICS SA’S HANDLING OF CASTER SEMENYA SAGA

                         (Draft Resolution)

Mnr M J R DE VILLIERS: Voorsitter, ek stel sonder kennisgewing voor:

Dat die Raad kennis neem dat —

 1) ‘n spesiale atletiek-vergadering deur atletiek Sentraal-Gauteng
    gehou was om vas te stel wie die bestuur van Sentraal-Gauteng
    toestemming gegee het om mnr Chuene, president van ASA, te steun in
    verband met sy optrede en leuens oor die Caster Semenya saga;
 2) dit ‘n baie goeie stap is deur atlete om die grondwet van ASA te
    beskerm en die belange van ASA te beskerm;


 3) die belange en waardes van atlete eerste gestel word bo politieke
    belange;


 4) Geraldine Pillay en haar mede organiseerders se optrede en
    standpunt oor hierdie hantering deur mnr Chuene van die Semenya
    saga prysenswaardig is en waardeer word; en

 5) die ontwrigting van hierdie spesiale atletiek-vergadering ‘n
    skreiende onreg en verontagsaming van die Grondwet van Suid-Afrika
    is en geensins aanvaar word nie.  (Translation of Afrikaans draft resolution follows.)

[Mr M J R DE VILLIERS: Chairperson, I move without notice:

That the Council notes that —


  1) a special athletics assembly was held by Central Gauteng Athletics
     to establish who granted permission to Central Gauteng’s management
     to support Mr Chuene, President of ASA, in respect of his actions
     and lies with regard to the Caster Semenya saga;


  2) this is a very good step by the athletes in protecting the
     constitution of ASA and its interests;


  3) the interests and values of athletes are being put ahead of
     political interests;


  4) the actions and standpoint of Geraldine Pillay and her co-
     organisers regarding Mr Chuene’s handling of the Semenya saga are
     laudable and appreciated; and

(5)     the disruption of this special meeting is a flagrant injustice
     and amounts to disregard for the Constitution of South Africa and
     can in no way be condoned.]

The CHAIRPERSON OF THE NCOP: Is there any objection to the motion? [Interjections.] Are you objecting, hon member? Yes, there is an objection to the motion. In light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion.

CONGRATULATIONS TO PRESIDENT OF UNITED STATES MR BARACK OBAMA ON WINNING NOBEL PEACE PRIZE

                         (Draft Resolution)

Mnr J M G BEKKER: Voorsitter, ek stel sonder kennisgewing voor: Dat die Raad sy gelukwensing oordra aan President Obama, President van die VSA, met die toekenning van die Nobelvredesprys. (Translation of Afrikaans draft resolution follows.)

[Mr J M G BEKKER: Chairperson, I move without notice:

That the Council congratulates President Obama, President of the USA, on
being awarded the Nobel Peace Prize.]

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

ESTABLISHMENT OF COMMITTEE ON APPROPRIATIONS IN TERMS OF MONEY BILLS
          AMENDMENT PROCEDURE AND RELATED MATTERS ACT, 2009

                         (Draft Resolution)

The CHIEF WHIP OF THE COUNCIL: Chair, I move the draft resolution printed in my name on the Order Paper, as follows:

That the Council establish a committee on appropriations in terms of section 4(3) of the Money Bills Amendment Procedure and Related Matters Act, 2009 (Act No 9 of 2009).

Question put: That the motion be agreed to.

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.

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

      INTERNATIONAL DAY OF RURAL WOMEN: TOGETHER EMPOWERING AND
                 IMPROVING THE LIVES OF RURAL WOMEN

                      (Subject for Discussion)

The MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Hon Chair, hon members, I am really honoured to have been invited to address the House on this subject today. It is a very special day and a very special matter to talk about. We all know that Parliament is a tribune of the people and that parliamentarians are, in real terms, people’s deputies.

The question of democracy is a very important one in terms of the heading, the topic or subject matter today of Parliament entrenching a people- centred democracy in achieving developmental goals. In reality, we understand democracy in the very traditional sense of “government of the people, for the people and by the people”. Our view is that this is a necessary but not a sufficient condition for democracy. This is because in reality the democracy we are speaking about in South Africa in particular goes beyond just a representative democracy which really expresses itself in terms of what we just said. Democracy, in terms of content, refers rather to a system in which everyone has an equal, proportionate share in the rights and responsibilities, duties and services and constraints and opportunities which are accrued to or emanate from their own society. This is a very important definition of democracy, and one which speaks to a participatory democracy.

Government of the people by the people speaks to a representative democracy. Therefore, we are talking about sets of entitlements and obligations. These are very important in our view, because they are basically the head and tail of the same coin. They reflect the dialectical relationship between individual members of society and their society. We speak about democracy most of the time without reflecting on the obligations of people. We speak more about entitlements in terms of the conservative or perhaps the traditional definition of democracy.

In our view in the ANC, we think development refers in the main to economic, social and cultural progress brought about by certain political choices. We make choices. Apartheid was a political choice — an unfortunate political choice — which was driven by certain administrative processes and programmes that reflected the structures of government.

We can look at the subject matter we are talking about now and use it as an example. If you look at the migrant labour system — the manner in which it impacted negatively on land possession — it actually served to dispossess the land of different cultures of people and actually broke down the fabric of African communal society. That was a political choice driven by certain administrative programmes and processes.

When we refer to goals as the ANC, we are talking about social cohesion and development — the development of outcomes. Social cohesion is something that binds people together and defines people as people. In other words, it does this as a cultural entity defined in geospatial terms or contexts. At a broad national level, symbols of social cohesion include the national anthem, the national flag, heritage sites and legends. These legends who are defined are often males.

The other day the hon Minister of Transport, who was the Premier of KwaZulu- Natal, asked me who the legendary women in my province were. I come from the Eastern Cape province. I was really confounded. I started thinking and eventually thought about where I come from — a small region in the Eastern Cape called Cacadu, where we have the legend about a woman called Sarah Baartman. I started thinking about that, but that was about it. I was talking about other women there and he said that I should go back further in time. We talked about Manthatisi and others. He started relating to me just how important this subject matter is — the role of women in the past, how they actually contributed to the transformation of society over time and the kind of leadership they provided to society. So, social cohesion talks about legends, and we should begin to address these legends in terms of both male and female.

Development refers to shared growth and prosperity and full employment. It speaks to cultural progress and equality and equity, particularly with regard to women: the question of equality and equity in terms of content and form for women and whether in fact women do have the right to own land and to own assets in rural areas in particular.

The entrenchment of a people-centred democracy in achieving developmental goals therefore talks to transformation and fundamental change, particularly in terms of land, livestock, cropping and community. Talking to community particularly refers to the manner in which society relates to women; not how women relate to society, but how society relates to women in terms of rights and responsibilities.

We still find, in some of our communities, that women can’t own land, that women can’t own immovable assets, that women who raise children can’t even be regents. Sometimes we have women who are unable to take responsibility when their husbands depart. This is a central issue in terms of the relations of power in some of our traditional communities. So, we are talking of relations of land, livestock, cropping and community. Who is in charge of homes when men are out there in the mines? Therefore, we are talking about the relations of land as a substance in relation to the way in which women are related to by society as a whole.

Therefore, rural development talks to social infrastructure, which impacts very strongly on women. We still have a lot of women having to go long distances carrying water and firewood on their heads. This is a matter that relates to the manner in which society relates to women. One won’t find husbands carrying water and “inyanda yezinkuni” [a bundle of firewood] on their heads. They don’t do that. Husbands don’t do that.

The President raised the question of economic infrastructure. The President says that we still don’t have kinds of infrastructure in rural areas which can make things easier for women, in terms of both social and economic infrastructure. We are talking about cultural progress. In fact, let’s start with cultural facilities, libraries, schools, recreational facilities for young people, playgrounds for children and early childhood developmental centres in rural areas in particular, ICT infrastructure and the way in which we manage national resources in rural areas. All of these impact on the manner in which women live their lives in rural areas. These things must be there or else the burden falls on women.

Therefore, what this means is that when we are talking about land reform and rural development we are talking about issues that affect women directly. We are talking about issues that relate to how women carry the burden of society by raising children, having to carry firewood and water for long distances and having to cook for their children.

I think Saba Mbixane related a story about this very well. He said that one day a man asked God to make him a woman so that his woman could feel the burden of being a man because he went out there to work every morning and the woman stayed behind. God said it was fine, that he would grant his request and that he would be a woman the next day. The next day he woke up as a woman. She had to cook for the husband and make tea. The husband then left. She then washed the children, gave them food and took them to school. When she got back, she had to wash dishes. When she realised it was lunch time and the husband came back she had to cook lunch for the husband. When the husband left, she realised that she had to go and fetch the children from school, etc. Then in the evening she had to cook supper for the family. After that, the man went to bed and she was still busy. She thought the man was asleep but he was waiting for her. He said, “Well, there you are.” And that’s it – you know what happens. [Laughter.]

Of course she felt that she couldn’t be a woman again. She didn’t want to be a woman the next day. She said, “God, thank very much. I’ve experienced it. Could you please change me. I want to go back to being a man.” Of course, God answered back. He said, “Unfortunately, what you were doing last night resulted in your conceiving a child. So, you are going to have to wait another nine months before you can go back to being a man.”

So, this is the burden of being a woman. Can you imagine carrying a child for nine months, having to carry water and a bundle of firewood on your head, cooking every day — doing all of those things — without respite? That is what the life of a woman is worth in rural areas. Then a woman is told that she cannot own a herd of cattle or livestock because it belongs to her little son — the son she is still raising and the son she carried for nine months; again, because the girl-child cannot inherit these things so easily. These things are changing, thanks to our democracy. The Constitution that we brought about as a nation is changing all of this.

We are talking about equity and cultural progress. The days of girl- children not being able to go to school beyond standard five — when they said that one should just write a letter and get a response — are over. We are talking about women who are running the country. The place of women is not in the kitchen anymore.

Daardie dae is verby. [Those days are over.]

Chair, we are talking about a very important matter — a matter that is at the heart of rural development and land reform. When we are talking about rural development, we are therefore talking about development of women that talks to cultural progress so that we no longer have women who are supposed to be uneducated, women who must request their husbands’ permission before they walk out of the yard, women who must request their husbands’ permission before they can look for a job. We are talking about women who themselves can take responsibility for the running of not only their homes, but also their communities and society.

Our Constitution is said to be one of the best in the world because it created an opportunity for women to realise the best they can be as human beings, as South Africans and as citizens of the world. Thank you very much, hon Chair. [Applause.]

The CHAIRPERSON OF THE NCOP: Thank you, Minister. I saw you shook up everybody. I’m sure they enjoyed your presentation. I now call the hon Deputy Chairperson of the NCOP.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Chairperson and hon delegates, the subject of today, which is rural women, is very close to my heart. The debate is important in the work of this House. It gives us an opportunity to reflect on the International Day of Rural Women and, specifically, it gives us an opportunity to share what we are doing together to empower and improve the lives of rural women. It is for this reason that we requested leaders of delegations to participate and highlight the measures, plans and programmes that their provinces are putting in place to empower rural women in order to improve their lives as well as to highlight the challenges that rural women are still facing and how to address them. I’m happy to see MECs from some of our very rural provinces here today.

In our draft strategic framework plan, to be considered by this House shortly, we have identified the initiation and implementation of programmes aimed at assisting vulnerable groups in society as one of our strategic objectives for the term. Women, especially rural women, form part of this category. It is therefore significant to have an understanding of what we are doing, especially as provinces, in ensuring that we empower rural women.

In trying to address challenges facing rural women, we need to first know where we come from, where we are now and where we are going. As a veteran, I regard myself as more qualified to give such a historical background.

We all know that rural women were subjected to oppression in many ways. They faced discrimination, forced removals and apartheid. There was the legacy of autocracy, nepotism and corruption in service provision and decision-making over development issues. Paternalism was entrenched. In order to provide for their families, rural women tilled the land and were also there as collectors of firewood and water. Yet, they were expected to eat after men who usually had the largest share of the family meal. They stayed at home looking after their families while their husbands were away as migrant labourers. The system deprived them of the opportunity to be with their husbands in the cities. If they tried, they were harassed and hounded by authorities back to their communes in the countryside. In short, they were treated as secondary citizens in their own country.

As if this was not enough, they were subjected to traditional laws that often undermined their rights as human beings. But, despite these difficulties, rural women were able to provide for their families, keeping the candle burning until they were temporarily united with their husbands. The enduring philosophy of ubuntu kept their families together. There was communal tilling of land, communal sharing of seeds and communal harvesting. The hungry were fed, and the homeless were given shelter.

The intergenerational scars borne by rural women were to be inherited by their children, especially the girl-child. To this day, we are still facing the greatest challenge of the emancipation of women, especially rural women. Until we address this, we are not going to be able to support rural entrepreneurship. Women in rural areas are at the centre of entrepreneurial activity despite being less literate. Some are extremely poor and can hardly eke out a living without some form of government support.

However, our new democratic order has provided hope for rural women. The rural woman has the freedom to participate in decision-making structures. She has the freedom to express her views of the kind of development she would like to see and act on. She has the freedom to assume leadership, although she is still not empowered to carry out such a responsibility. There are, of course, many opportunities for such empowerment. One such vehicle is in the form of co-operatives. But this requires training on basic business management skills and project implementation in order to be sustainable. Stokvels constitute a means of saving for rural women as well as a way of participating communally in the rural economy, but our financing system remains largely conservative.

Where are we going? As a country we have a vision enshrined in our Constitution which is to improve the quality of life of all citizens and to free the potential of each person. The attainment of this vision requires us to work together now to empower rural women to be able to free their potential. We need rural women to have the following: access to education and health care; access to control over land and other productive and financial resources; and access to the creation of income-generating activities, thus contributing to job creation.

I am going to shorten my presentation because I’m running out of time.

The report of the Secretary-General of the United Nations on the improvement of the situation of women in rural areas released at the end of July this year notes that the persistent inequalities and discrimination faced by rural women pose significant challenges to the achievement of the internationally agreed upon development goals, including the Millennium Development Goals. This is a general observation by the Secretary-General of the United Nations. He notes further in his report that, as member states, we need to ensure that the rights of older women in rural areas are taken into account. These include equal access to basic services, appropriate social protection measures and economic and financial resources.

One of the important recommendations contained in this report is that countries need to integrate the creation of nonagricultural employment opportunities for rural women into all national development strategies and poverty eradication strategies and increase women’s access to financial resources, including credit. The report, however, is silent on South Africa’s attempts in this regard. Could it be that we are not doing enough to provide rural women with finance and access to microcredit for development purposes?

Our strategies to empower and improve the lives of rural women will succeed only if they are well co-ordinated across the three spheres. The NCOP has great potential in promoting such co-ordination and co-operation, but we need to work together to empower those who were condemned to hewing firewood and fetching water for centuries. Rural women are the vanguard of our rural development vision. I thank you. [Applause.]

Mr D B FELDMAN: Hon Chair, hon members, hon guests, Cope fully identifies with the United Nations-initiated International Day of Rural Women. Although this day is only in its second year, there have been some remarkable developments already. In New Zealand, for example, journalists and communicators were invited to compete for the Rural Women New Zealand Award. This is such a brilliant idea. Rural women and what they do are forgotten simply because the media has always tended to forget about them.

On our continent, rural women grow 80% of the food produced in Africa. This is a stupendous contribution. Where would we be without this effort? Yet, women receive only 5% of the credit made available for food producers. These sorts of injustices perpetrated against women have continued unabated throughout history until the present time.

This is a fact, and it is a known fact. Yet, has government done enough about redressing this wrong? Does the Land Bank have a progressive policy in this regard?

There is also another issue that greatly concerns Cope. Two thirds of rural women in the world are illiterate. The proportion may very well be applicable also in South Africa. Has government done enough to alter this tragic situation? The number of rural women living in poverty continues to increase.

It is a moot issue having World Rural Women’s Day take place on October 15 every year, one day before the Food and Agriculture Organisation’s World Food Day. As the crisis arising from climate change intensifies, we will need to look to rural women to become familiar with a sustainable approach to food production. This is urgent.

Finally, we as Cope advocate that South Africa become an activist state, where all sectors of society are structurally supported by activists in their cause. Because rural women have never been activists, they were ignored by the state. We would like for them to become activists so that they can have increased opportunities in order to become literate, have access to information technology and resources, own a greater share of land and emerge into freedom from this feudal state in which they have been trapped for all these years. Forward with rural women! Forward! I thank you. [Applause.]

Mr M SOGONI (Eastern Cape): Hon Chairperson, Deputy Chairperson and delegates to the NCOP, hon Minister and leaders of delegations, ladies and gentlemen, I rise to participate in this debate on behalf of the province of the Eastern Cape. The theme of the debate is: Together empowering and improving the lives of rural women. Thank you very much, hon Minister, for laying the fertile ground in order for us to participate in this debate. My thanks also go to the Deputy Chairperson.

I have no doubt that the issues raised here are very close to the heart of the many millions back home. I also wish to join in celebrating all the women residing in rural areas across the globe.

Historically, the black majority of our country has been subjected to colonial subjugation, dispossession and marginalisation, with those residing in rural areas being the most vulnerable. Centuries of underdevelopment resulting from colonial and apartheid policies have left enduring structural legacies, particularly in provinces such as the Eastern Cape. In this province, for instance, the less populous western regions are materially better off than the more populous eastern regions. This historically induced structural crisis has been deepened by the current global capitalist crisis and neoliberal globalisation, which have served to limit the range of options for a more radical restructuring of the South African political economy.

Today it is generally accepted that women, through their triple exploitation, are the hardest hit, and more so women in rural areas. This is largely because of some ill-conceived and wrongly practised traditional and customary policies.

There have always been fewer rural women in employment than their male counterparts. There has also been less income for women compared to men; fewer women in leadership and management positions; more HIV and Aids prevalence amongst women compared to their male counterparts, and the story goes on and on.

It is rural women who were and, sadly in some areas, are still being forced into marriages.

Phaya kuthi ke kukho into ekuthiwa kukuthwala. UMphathiswa obekekileyo ukhe wakhankanya ukuba umama … [In our area there is the ukuthwala custom. The hon Minister mentioned that woman …]

… would come into the bedroom voluntarily and engage in some activities there voluntarily. Where I come from, there are areas where you do that against your will.

We all know and should appreciate the fact that over the past 15 years the democratic government has worked relentlessly to bring about equity to restore the dignity of black people in this country, including empowering and improving the lives of rural women.

There is no doubt that the progressive policies of the postapartheid government have had enormous benefits for the women of our country. These include the right to choose to terminate one’s pregnancy; the child support grant; justice in the maintenance of children by their father; government procurement systems, etc.

As recently as December 2007, the ANC, at its 52nd national conference, adopted elaborate resolutions covering a wide range of issues of concern to women, including women’s representation in decision-making structures, the women’s Ministry and rural development, amongst other things.

As early as the year 2000, the province of the Eastern Cape initiated the rural development framework. However, this did not go far enough, hence the introduction of the Integrated Sustainable Rural Development Programme by national government in 2001.

A number of rural municipalities, such as the Chris Hani District Municipality, the O R Tambo District Municipality, the Alfred Nzo District Municipality and the Ukhahlamba District Municipality participated in this programme.

The provincial growth and development programme launched in 2003 emphasised issues of job creation, poverty eradication, infrastructure development, human resource development, food security and agrarian transformation. All of these will benefit women, particularly those residing in the rural economy.

Guided by the 2009 ANC manifesto and based on the instructions drawn from the state of the nation address, the Eastern Cape has made progress in developing a provincial rural development strategy. We believe that there are key strategic issues that should contribute to the empowerment and improvement of the lives of rural women in the Eastern Cape. These should also form the basis for a national strategy and rural development programme. All these have implications for gender equality and women empowerment.

We believe that the first issue here is ownership of land and natural resources and assets. The second issue is employment, because we believe that rural development interventions should be aimed at creating decent and sustainable jobs, or at enabling people to generate income that is equal to or more than what they would have earned in the labour market.

The third issue is eradicating poverty and fighting inequality. The fourth issue is social development and basic human rights. The fifth issue for us, which the hon Minister touched on, is organisation and mobilisation of women residing in the rural areas. We believe that the reorganisation of people and communities, through democratic processes, is essential for any process of rural development.

The state should facilitate partnerships and create an enabling environment for development to take place. Reconstruction programmes for community institutions with a high level of organisation should be encouraged and supported by the state, for example the cultural, heritage and sport and recreational activities.

In conclusion, government has, since 1994, made a lot of progress in developing policies, enacting laws and implementing programmes aimed at empowering and improving the quality of life of women residing in rural areas. However, we are not naive; a lot still needs to be done to reverse the apartheid legacy and dismantle the historic socioeconomic disparities between the cities and rural areas. Thank you very much, hon Chair. [Applause.]

Ms S S CHEN: Hon Chairperson, hon Minister, my hon colleagues, ladies and gentlemen, before I make my speech, let me first share a story with you. Forty-five years ago, there was a young, single mother, aged 30, with three young children and no income. She had only basic education and had no experience or other formal skills training, other than her desire to survive and to provide for her children.

She went knocking from door to door, looking for work. She eventually put all her children through school and university, working as a cleaner at a hotel. Today she has rough hands and calloused feet, but smiles proudly at her children, who are now all university graduates and have families of their own. That single parent is my mother. This is a story of a typical rural woman in Taiwan. Having witnessed her struggle and tears, as her eldest daughter, I often wonder what the world could have offered my mother to ease her plight, even if it was just a little bit.

It is with great passion that I stand before you today to debate the question of empowering women in rural communities. There is no need for us to list numbers and statistics to know how much difficulty women in the rural areas face. We know that it is a reality, and a reality we need to address.

The struggle of rural women around the world appears to be universal. Issues such as low education levels, lack of legal protection, poverty and the low status given to them by the community affect most rural women. They are often left to fend for themselves and their children but without any resources that would ensure any kind of adequate care.

In South Africa, problems faced by rural women include, but are not limited to, the following: low literacy rates; low status in a patriarchal society; lack of control over resources; a low level of awareness of their civic or human rights; limited access to skills-enhancing or skills-acquiring activities; lack of access to services; being in low-return economic activities and with very few work opportunities; and having the dual responsibility of child care and income generation.

Now, we need to think and ask ourselves what we should do about all this. In order to empower women in rural communities, we should first look at the current resources they have at their disposal, such as the ability to mobilise the community and take advantage of currently operating co-ops; using women with skills as mentors for women lacking the same skills; and expanding the co-operatives’ function to include supporting women emotionally, socially and economically.

Information dissemination regarding available services and resources and regarding women’s civil and human rights is also important. Women need to be informed of what is available to them and how they can use these resources to best serve their needs.

Literacy programmes to improve the literacy levels of women in rural communities would hugely improve their chances of employment and of interacting with society at large, thereby enhancing their confidence and self-esteem. This would have a big impact on their families, communities and society in general.

Another important aspect of empowering women in rural communities is training in entrepreneurial and business management skills. Showing them how to start, manage, run and maintain a small business would be invaluable to communities where access to commercial employment is limited, in terms of both skills and geographical location. Linked to this is the accessibility of microcredit and funding to women. Training must be given on how loans can be acquired, and the qualifying criteria for such should be made extremely clear and reasonable.

Empowering women in rural communities is clearly not an overnight endeavour. As the theme of this debate — Together empowering and improving the lives of rural women — indicates, it is only by working together that we can achieve all that we hope to achieve. Let us be a success story for the rest of the world, where a different story can be offered relating to women in rural communities. It should be a story of support, assistance and hope. I thank you. [Applause.]

Ms B P MABE: Hon Chairperson, Minister, hon members, ladies and gentlemen, the International Day of Rural Women directs our attention to the challenges that young rural women face in our country. While considering that over the past 15 years our nation has made formidable progress in advancing the conditions and needs of women in certain areas, the vast majority of our young women remain mostly disadvantaged, not reaping the benefits of our democratic dispensation.

They still suffer from the absence of timely and adequate medical care, inadequate diets, and a lack of information and maternal health, resulting in complicated pregnancies and high maternal mortality rates. Young women in rural areas are particularly vulnerable to poverty and unemployment; and are subjected to becoming the slaves of culture, which in most cases takes away their youth and self-esteem. It takes very strong characters, for instance Caster Semenya, to survive against all odds.

The unemployment rate amongst young rural women is very high when compared to that of women in urban areas in the country. This indicates that the majority of young black women continue to live under extremely poor conditions in rural areas. We must aim to reduce the impact of poverty on rural women, based on the principles of sustainability and empowerment.

Women constitute 52,2% of South Africa’s population. So, when we call for a better life for all, it means that we should have a larger impact on women, who constitute the majority of our population.

Limpopo, the Eastern Cape and KwaZulu-Natal have the highest proportion of females — the largest number of the population - with the lowest level of development. The poorest of the poor in these highly rural provinces are the rural young women. This is cause for concern.

Strengthening our rural communities can only yield results once we mobilise young rural women into a powerful, active and united force that will know how best to seize economic opportunities in all three spheres of government, and if we develop policies for the provision of more health care, and improve the literacy and financial literacy of young rural women.

The legislation on the National Youth Development Agency received unanimous support in Parliament even from the opposition benches. That shows the commitment of government to improving the lives of young rural people. The agency will ensure that the youth agenda occupies centre stage in our national development agenda. The struggles of South Africa’s youth can never be in vain and we must continue to rededicate ourselves to the efforts and cause of the generations before us and advance their ideals as best we can.

One of the key principles of the Ministry of Women, Children and People with Disabilities is that 80% of the department’s work will be driven externally. That means most of the work will be to reach out to communities.

Young women, stand up and grab the opportunity for socioeconomic rights. The time is now. No one but you will free you from the shackles of poverty, victimisation and abuse. Life is not about where you come from, but where you are going. The ANC has made a promise to better your lives. It will never forsake you nor leave you. Working together we can do more. Thank you. [Applause.]

Ms M G QABATHE (Free State): Chairperson of the House, hon member Tau, the Chairperson of the National Council of Provinces in absentia, our hon Minister Comrade Nkwinti, representatives from all provinces and hon members of this august House, one feels honoured and humbled to be given the great honour of addressing this House, representing the Free State. The International Day of Rural Women is a call to review all that relates to the development of rural women in our country, the continent and the world as a whole.

Yes, much has been done throughout the world. Many countries, including ours, have developed laws that seek to protect the rights of every citizen and ensure the development of their lives. The pace differs from country to country and, yes, we need to acknowledge that some countries are way behind and need to be assisted to accelerate the pace; hence recognition of this International Day of Rural Women.

In our country we appreciate that President Jacob Zuma has made it a priority that there be great development in rural areas and has therefore restructured his Cabinet and departments in a manner that will respond and contribute effectively and efficiently to rural needs.

Our Minister of Rural Development and Land Reform, the hon Nkwinti, is already working at a very fast pace. In the Free State his priority area is Makgolokoeng in QwaQwa, a former Bantustan that is so underdeveloped that it puts our people in severe conditions. Plans for an agri-village are at an advanced stage. Communities are very happy that the Minister is going to establish an agri-village in Makgolokoeng. As the Free State, tomorrow we will be celebrating World Food Day in Makgolokoeng.

We appreciate the fact that some of the women who were once farmworkers and farm dwellers are not only the tillers of the soil but are also landowners. There are still some challenges in ensuring that they then become full commercial farmers, but we are marching forward. Most of the farmers in the Free State are still at an emergent level. I am sure that standing here today, having done such a lot within such a short period, after 15 years in power, the Free State women who marched against the Native Land Act in 1913 are proud of us because of what we have done up to now.

For all of us this day should be a celebration of what has been achieved to date, but it should also be a time to look critically at issues and areas that still need a lot of attention in order to review our plans for accelerated service delivery. We need to join hands and look into our laws, policies and regulations. Where there are gaps, they need to be attended to.

The NCOP is our hope to ensure that when regulatory mechanisms are put in place they do not undermine or contradict our laws. The NCOP is our hope to ensure that the process of developing and amending our laws and Acts is not dragged out, but is short and effective. We need to ensure that all platforms that are created for the development of rural women, including the farm areas, work coherently and in an integrated manner.

At the moment there is no clear-cut coherence between the departments dealing with labour, land affairs and agriculture and the SA Human Rights Commission to work together. They still operate in silos. Therefore, there is a need for them to be clubbed together.

There are areas where human rights are extremely badly violated. We need these departments, together with the Department of Justice and Constitutional Development, the police, and the committees of Parliament in all spheres, to respond qualitatively to these challenges. In the Free State we still have areas where people are made to drink water with animals.

We still have challenges where some areas are not easily accessible. Our transport modes need to be looked into in order to incorporate rural areas. In the Free State the train line that is being developed as we speak, from Bloemfontein to Botshabelo and Thaba Nchu, which was one of the Bantustans, is one of the areas we are looking into in our endeavours to improve transport in rural areas. In later years the train will reach Lesotho.

We still have areas where people are treated as slaves and not as farmworkers and farm dwellers; and most of the time these areas are not accessible, particularly farms that are within farms. The Department of Labour, the police and the SA Human Rights Commission are not able to enter such areas. These are areas that need to be focused on much more.

There are areas where our people are still deprived of opportunities to enter schools closer to their homes and where people are still not able to access government grants. These areas still need to be focused on. This day should be a day that we use to educate ourselves and our communities in that those who live with an abundance of service delivery make a call that for one or two years their areas are just maintained; that they say “hokaai” [Whoa] to development. Let most of the budget be redirected to the development of rural areas.

Chair, think of a woman in a rural area who is about to deliver a baby in the middle of the night where there is no clinic, no hospital, no ambulance, no electricity, and not enough water. Think of her rearing this child; when the child is ill and there is nowhere to go; no mobile clinic or any help. Think of the development of that child in an area where there is no school close to home and that child has to walk miles to reach one. At other times, when it is raining, the child cannot access the school. Think of the girl-child who ends up being raped and abused because of the rough paths she has to walk to get to any service delivery point.

I have been sent here by the Free State to do lobbying. If we, as the world, are genuine in our hearts about the International Day of Rural Women, we will drive and lead the campaign. Those with abundant service delivery should just let their areas be maintained, avoiding deterioration, with all the budgets directed towards our rural and remote areas. Let us do it.

Therefore, as the Free State, we are saying that this day should become a collective effort by all to assist in the development of rural women and that we should move at a faster pace. We dare not fail. In working together, women in the rural areas will enjoy the benefits of this democracy earlier than anticipated. I thank you, Chair. I thank the ANC and the ANC-led government for bringing about this democracy. Let us expand it beyond our areas to the rural areas. Thank you, Chair. [Applause.]

Mr J J GUNDA: Chair, all protocol observed, three minutes is too little time to speak about such an important issue. Let me start by saying that there is no beauty in this world without women. They are the cornerstone of our nation and they have played a crucial role in the freedom we are enjoying today. I refer here to women like Lilian Ngoyi, Ruth First, Adelaide Tambo and many others, you can just name them.

All South Africans have extensive rights on paper and freedoms that we only dreamt of for years but, unfortunately, these rights and freedoms are not enjoyed by the vast majority of rural women. Rural women continue to be the most deprived within our society. Their daily burdens are vast and entrenched, and all too often they suffer alone. Rural women continue to carry the burdens of their families, land and communities on their shoulders, with very little time to focus on their own lives. What perpetuates this is the added daily toll of rural life and its extremes like poverty, Aids, poor health care, bad transport, a lack of education and unemployment. These are the burdens of a woman’s life.

Rural women need empowerment through social initiatives that allow them to improve their own lives. Rural women have the right to feel secure and safe, financially and physically, within their communities. Empowerment is not just about improving a person’s life financially; it is about empowering a person to feel dignity and pride in his or her life, to be healthy, and to work with others in the community. We need to encourage the young women of today and show them the role they can play to take their place in our society.

As parliamentarians we must help rural women and their communities as a whole to be empowered and improve their lives. We have a responsibility to ensure that these women receive their constitutional rights. We cannot sit here in Parliament and leave our women to suffer. It is important that empowered women, parliamentarians and leaders assist the women of rural South Africa to empower themselves. Chair, allow me to say these last few words. Allow me to thank God for the precious human beings that He has created to feed us, to help us grow and understand the purpose of life. Let us treat them with dignity, respect and honour. They tend to bring the best out in men. There is nothing more pleasant and beautiful than a woman. I thank you. [Applause.]

Mr S CACHALIA (Limpopo): Hon Chairperson, hon and distinguished Minister, hon and distinguished comrades and other hon members, it is Resolution 62/136 of the General Assembly of the United Nations, passed in December 2007, that established 15 October as the day of rural women to be observed the world over. This idea was born out of the resolutions of the 4th World Conference on Women in Beijing in 1995. It is also appropriate that the International Day of Rural Women is observed on the eve of World Food Day, thereby recognising the important contribution of rural women who, in all developing countries, contribute to rural economies and livelihoods as active participants in a wide range of farming activities such as crop production and livestock care.

In sub-Saharan Africa approximately 60% of women are engaged in or are employed in agriculture. Women add to livelihoods in rural areas and carry out the vital functions of caring for children, the sick and the aged. It is also an undisputed fact that rural women remain the most vulnerable and disadvantaged in so far as access to social services and participation in economic activities are concerned. Rural women, however, remain the most vulnerable to poverty, disease and abuse. They bear the full brunt of epidemics, food crises, climate change, natural disasters, and economic meltdowns. Access to health and educational facilities and to gainful economic activity is riddled with never-ending obstacles for rural women, yet the struggle of rural women in the fight against apartheid is well documented in our history.

As a predominantly rural province, 56% of Limpopo’s population consists of women. Provincial government has put in place active plans and programmes together with the necessary implementation and monitoring mechanisms aimed at empowering and improving the lives of women, particularly in our rural areas. Programmes are implemented by the various line departments in collaboration, where appropriate and necessary, with national and local government support and participation. The Office on the Status of Women based in the office of the premier and the relevant oversight committees of the provincial legislature monitor the programmes and their implementation.

A provincial war room on poverty co-ordinated by the office of the premier has been established to oversee poverty alleviation programmes. All the programmes are located in areas where poverty levels are high, and the participation of rural women in particular in the programme is an imperative. This is evident all over the province where rural women, with government’s assistance, have organised themselves in programmes for, inter alia, crop growing, beadmaking, and participating in the services required by schools in the school nutrition programmes.

The pilot programme at Muyeshe village, identified and supported by the Minister of Rural Development and Land Reform, is a glowing example of how, through rigorous and co-ordinated participation at all levels of various government departments as well as with the private sector, we can begin to breathe life and hope into an otherwise depressed community. Vegetable tunnels, brick-making, water provisioning, skills development projects, road building, maintenance and the building of schools and health facilities are all being undertaken with women playing a pivotal role in these activities. A similar project on a similar scale and, it is hoped, with similar vigour, is being undertaken at Ga-Kgatla village in Limpopo.

Female farmers’ programmes running under the structure of Women in Agriculture and Rural Development, Ward, have been constituted in all five districts of our province. An annual female farmer awards programme by the department of agriculture helps women empowerment and job creation. With regard to the supply chain, in the five districts, offices have been set up to assist, in particular, rural women in the tendering process, and workshops are held on a regular basis.

With regard to tourism, we have the Marula Festival, which is predominantly run by women. Women pick the marula fruit and display their skills in making marula juice, the marula liquor, butter, lotions and soap. The festival takes place near the Kruger National Park. This is also a time when women have the opportunity to expose their products to numerous tourists.

Abet programmes are in place to ensure that rural women, particularly, have access to simple literacy and numeracy programmes. Over 4 000 women are documented as having gone through this programme in the rural areas.

The programmes to allow women to have access to health services within the rural areas are well under way. The provisioning of clinics, and the acceleration of health service areas for pregnant women and elderly women within the rural areas are well documented. Extra ARV centres in the province have been created to deal with HIV and Aids. In the Expanded Public Works Programmes women must form part of the drive to create jobs. The infrastructure programmes within the rural areas demand that women in our rural areas be given priority in jobs where skills are not as highly sought.

As a country born out of struggle and a painful past, we, under the revolutionary leadership of the ANC government, lead the world in espousing the rights of women in all their forms. We must continue to do so. We must put the issue of women high on our sociopolitical and economic agenda. We must continue to use days like these to popularise the cause of rural women and to actively implement programmes, innovating and bringing in fresh ideas and programmes as we move forward. Women, and in particular the rural women, need to and have to assume their rightful place and pivotal position in all societies of the world. In South Africa, it must continue to be very much part of our developmental agenda. I thank you, hon Chairperson.

Ms A N D QIKANI: Hon Chairperson, hon Minister, hon MECs, hon members and the House at large, good afternoon. In addressing the call to address the poverty and the emancipation of women and ensure basic access to services for the rural poor, the ruling party has given its full support to the Comprehensive Rural Development Programme that is being spearheaded by the Minister of Rural Development and Land Reform.

This strategy is viewed as the answer that many rural women have been waiting for, and promises access to health care facilities, water, food and jobs, which are all part of the bigger picture that is envisioned for rural women.

Currently, approximately 52% of South Africa’s total population is women and of that amount 47% live in rural areas. South Africa’s progressive Constitution and legislation provide the legal framework for equality and nondiscrimination especially in the provision of resources, but the challenge remains to implement these measures in order to improve the standard of living for women, especially those in rural areas.

Access to land remains a major constraint for women in South Africa as a whole. Land reform programmes and the tendency to break up communal land parcels, especially in areas of tribal and customary tenure, have almost exclusively transferred land rights to male heads of households. This lack of access to land for security and production has resulted in many women being disempowered, especially in rural areas. These women therefore have less decision-making authority over land use and land care, resulting in detrimental environmental management and loss of resources.

We need to address these issues by providing women with training and resources so that the custodians of our resources can be equipped with tools to use them sustainably. This can be done during the pilot project in Giyani and other sites identified by the department so that post-settlement support in the form of equipment, grants and training can be provided to the women, the providers of their families, empowering them to reach their potential.

Although rural women are assuming an increasingly prominent role in agriculture as producers and providers in developing countries, they remain amongst the most disadvantaged of all the users. The Food and Agricultural Organisation, the FAO, estimates that rural women are responsible for half of the world’s food production and produce between 60% and 80% of the food in most developing countries.

Yet, despite their contribution to global food security, women farmers are frequently underestimated and overlooked in most development strategies. Men and women do not have the same access to resources and women’s access is even more constrained as a result of cultural and traditional factors. All these concerns need to be addressed if women are to share in the wealth and opportunities that the sector presents.

While women represent a significant proportion of the farm labour force and subsistence food producers, they have been the last to benefit from economic and development transformation. Gender bias persists as farmers are still generally perceived as male by policy-makers. For this reason, women find it more difficult than men to gain access to valuable resources such as land, credit and agricultural inputs, technology, extension training and services that would enhance their production capacity. Their access to critical resources and services is limited.

Women in rural areas are severely affected by the lack of marketing facilities for agricultural products. Infrastructure and distribution channels are not available to market their products. Proper marketing analysis is needed in order to promote their products. Women in agriculture who do not benefit from proper marketing channels are themselves vulnerable to intermediaries who are able to exploit the situation by buying products at low prices and selling them at higher prices, thus making a huge profit.

In Giyani, for example, a partnership was established between the Macena Community Farm, which comprises 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 farm is 15 hectares in size, but only four hectares are being used productively. Plans to expand the infrastructure to include a pack house, storage facility and shade-cloth nursery are under way. The challenge for the group is to have proper expertise and advice on extension services and production. These need to be provided by the Department of Agriculture, Forestry and Fisheries so that the community can be more productive and have more economic benefits.

Most studies show that in the efforts to generate household food supply and income, a substantial burden falls on women. Almost everywhere, women are responsible for processing, storing and preparing family food. Rural women also fetch water and firewood for the family. Above all, women are engaged as family labour in agriculture and wage labour, as well as in other income- earning activities. They generate a substantial proportion — and sometimes even all - of the basic daily food for the family.

In response to the plight of rural women in the agricultural sector, the Department of Agriculture, Forestry and Fisheries has responded by reassessing its priorities and making funding available so that the rural communities of South Africa can be accommodated within the economy. The Minister is cognisant of the lack of enabling mechanisms to empower women in these areas and has initiated programmes to address these. Various grants and Mafisa - the Micro Agricultural Financial Institutions of SA - are being reinvented to give priority to groups that are vulnerable and marginalised.

This House fully welcomes and supports efforts put into increasing jobs and finding new employment and economic opportunities.

The Land Redistribution for Agricultural Development programme, LRAD, provides an excellent vehicle for redressing gender imbalances in land access and landownership, therefore improving the lives of rural women and the households they may be supporting. The programme serves as a means of creating opportunities to enable rural women to develop in numerous spheres of life, therefore giving them security against poverty and independent economic status.

By ensuring that women participate fully in asset redistribution and agrarian reform, the programme helps government to meet its international commitments, for example in terms of the Beijing Platform for Action and the Convention on the Elimination of All Forms of Discrimination Against Women, Cedaw. In terms of the agricultural development programme, adult individuals apply for grants in their own right, rather than as members of households. This means that women can apply for grants to acquire land individually, or can pool their grants with whom they choose, therefore augmenting their control of the manner in which they benefit from the subprogramme.

In conclusion, I would like to say that we are on the right path as South Africa in realising the need to focus on rural development. We can show the world that what we have fought to achieve will be realised by all and therefore will empower women to eradicate the imbalances. I thank you, Chairperson. [Time expired.] [Applause.]

Ms A ROSSOUW (Western Cape): Hon Chairperson, Minister, it is really a privilege for me to participate in this debate today because our rural women are the unsung heroes of South Africa.

As julle my sal verskoon, gaan ek verder in Afrikaans praat. Ek het nou my stukkie Engels gepraat. Landelike vroue dra ‘n driedubbelle las. Die las van vrouwees beteken die dra van verantwoordelikheid vir haar en haar gesin te midde van toenemende armoede en afsondering in die platteland, behalwe die alledaagse gesukkel om liggaam, siel en gesin aanmekaar te hou.

Bevryding het nie vir al die vroue op die platteland gekom nie. Navorsing deur Markinor in 2007, het bevind dat slegs 15% van die plattelandse vroue matriek of hoër onderrig het, in vergelyking met ongeveer 50% van die stedelike vroue. Sewentig persent van die plattelandse vroue moet met minder as R2 500 per huishouding, per maand klaarkom. Slegs 20% van die vroue het ’n voltydse werk. Ongeveer 40% van die vroue is werkloos en dus ook permanent op soek na werk.

Die twee probleme wat ver bo ander uittroon in die landelike gebiede is dié van migrasie en armoede. Die Wes-Kaap het ’n reuse immigrasie van 250 000 mense uit ander provinsies en die res van Afrika. Die bevolkingsgroei was 5,3% in 2004.

Die bevolkingsgroei is ook groter in distriksmunisipaliteite, soos hier in die Wes-Kaap. Die aanwas plaas ’n groter en immer groeiende las op ons reeds sukkelende gemeenskappe en munisipaliteite, waar die mededinging om werk en oorlewing net soveel feller en meer intensief is as elders. Almal ding mee om die skaars water, werk en natuurlike hulpbronne van ons provinsie, soos in elke ander provinsie. Dit is en bly ’n werklikheid en ons sal elkeen in ons provinsies en in Suid-Afrika ’n oplossing moet vind om hierdie probleem aan te spreek.

Volgens Statistiek Suid-Afrika, is daar ongeveer 150 000 meer vroue as mans in die Wes-Kaap. Dit dui daarop dat meer vroue aan die hoof van huishoudings staan. HIV/Vigs, fetale alkoholsindroom, tuberkulose, en wanvoeding is van die ernstige gesondheidsprobleme wat hierdie gemeenskappe teister. Klinieke is nie altyd binne die bereik van hierdie vroue nie.

Fetale-alkoholsindroom is ’n probleem wat ’n herhalende uitwerking op gemeenskappe het. Tienerswangerskappe, alkohol- en dwelmmisbruik maak ’n groot deel uit van die daaglikse stryd van ons vroue in die platteland, wat hulle vir hulself en hul kinders moet stry.

Statistieke bevestig dat vroue meer dikwels die slagoffers is van geweld. Nêrens is dit meer waar as op die platteland nie. Sy is bang om die saak by die polisie aan te gee, omdat sy vrees dat die bietjie geldelike hulp wat sy by haar lewensmaat kry, van haar en haar gesin ontneem sal word, sou hy in hegtenis geneem word.

Daar is bevind dat die moeder van ’n gemolesteerde kind nie die saak sal aanmeld nie, juis uit vrees dat die pa haar sal viktimiseer en die karige hulpbronne wat die familie aan die gang hou, sal onttrek.

Ongelukkig is dit ook so dat ons polisie en regstelsel dikwels ons vroue faal. Die feit dat vroue soms lang afstande na polisiestasies moet aflê, ontmoedig hulle. Baie vroue rapporteer nie verkragting en seksuele aanranding nie, want hulle persepsie is dat daar min of enige geloofwaardigheid is, of kan wees, in die regstelsel.

As hulle wel moet gaan vir forensiese en mediese ondersoeke, is die klinieke bykans onbereikbaar en is daar nie altyd die nodige middels om hierdie ondersoeke te behartig nie. ’n Verdere probleem is dat klinieke nie altyd toegerus is met die nodige mediese voorraad nie en dat daar ook ’n wesenlike tekort is aan kundige personeel om hierdie ondersoeke te hanteer. Vroue word egter deur die stygende misdaad getref en hulle het ook die minste toegang tot ons regbank.

In April 2007 is daar ’n verklaring van die vierde Wêreld Kongres vir Plattelandse Vroue in Durban gehou. Probleme wat die plattelandse vrou dwarsoor die wêreld benadeel, is bespreek. Afgesien van hul isolasie word plattelandse vroue verder benadeel as gevolg van ’n beperkte toegang tot natuurlike hulpbronne, infrastruktuur, finansiële hulp en inligtings- en kommunikasietegnologie.

Die regering moet voortdurend toegang tot geleenthede en hulpbronne na die landelike gemeenskappe opskerp en verbeter. Ons moet sorg dat vroue toegang het tot water en gesondheid, want dit is die pilare van ontwikkeling. Ons moet mede-verantwoordelikheid neem om in samewerking met die vroue toe te sien dat hulle hulself bemagtig en sodoende selfversorgend word om na hulself en hul gesinne om te sien.

Vroue wat bemagtig word, help weer om ander vroue te bemagtig, want hulle deel hul kennis en vaardighede. Alhoewel die vroue oor ’n magdom vaardighede beskik, moet programme daargestel word om hulle daarmee te onderhou en te ontwikkel. Alhoewel daar spesifieke beleide is wat die nood van die plattelandse vroue aanspreek — soos nou met die stigting van die ministerie van jeug en vroue met gestremdhede — is die nood op ons plattelande so groot, dat alle provinsies hierdie probleem met groot erns moet aanspreek.

Basiese programme met die samewerking van die hele gemeenskap, kerke en ander organisasies, moet volhoubaar onderhou word. Daardeur sal vroue bemagtig word, soos byvoorbeeld deur spesifieke onderrig in handwerk om hulself en hulle gesinne te versorg.

Vaardigheidsontwikkeling in landbou, soos die begin en versorging van groentetuine, kan nie net vir gesonde kos op die tafel sorg nie, maar kan ook ’n volhoubare inkomste skep. Vroue kan bemagtig en ondersteun word om saam te staan en voedingskemas op die platteland by skole te begin, om die gemeenskap se kinders te voed.

Geletterdheid is ’n basiese reg. Ons moet meer doen om geletterdheid aan te spreek veral onder ons voorheen benadeelde vroue, waar ongeletterdheid steeds ’n groot oorsaak van werkloosheid is.

Meer moet gedoen word om ons dogters aan te moedig om vakke soos wiskunde en wetenskap te neem. Hoe trotser die jong meisies en vroue op hulself is, hoe meer sal die negatiewe faktore soos tienerswangerskappe, afneem. Meisies en vroue moet bemagtig word om ’n sê oor hul eie liggame te hê. Moeders moet hul seuns leer om vroue te respekteer en hulself te dissiplineer.

Meisies neig om skolasties beter te vaar as seuns en hulle neem meer deel aan wetenskap en tegnologie geleenthede. Kulturele en sosio-ekonomiese omstandighede neig om meisies terug te hou uit skool en tersiêre onderrig. Meisies doen beter in aanleg- en vaardigheidstoetse as seuns. Ondanks die hoër intellektuele vermoëns van ons dogters, is daar ’n wesenlike afname van meisies wat by ons skole inskryf. Ongeveer 26% van ons dogters in landelike gebiede verlaat die skool op ’n vroeë ouderdom, as gevolg van gereëlde huwelike, tienerswangerskappe, familie en kulturele verpligtinge sowel as HIV/Vigs. Hulle moet dan as kinders die hoof van ’n huishouding word.

Meer meisies as seuns voltooi wel matriek. Daar moet meer beurse beskikbaar gestel word vir skool en vir tersiêre onderrig om ons meisies aan te moedig om te studeer en hul vaardighede terug te neem platteland toe. Beurse, spesifiek gerig op ons plattelandse kinders, is iets wat in alle erns oorweeg sal moet word, omdat ons plattelandse ouers juis nie die finansiële vermoë het om hulle vir verdere opleiding te stuur nie.

Dit gebeur in ons gemeenskappe dat meisies te bang is om oor seksuele mishandeling te praat wat deur onderwysers, ouer mans, en selfs familie en lede in die gemeenskap, teenoor hulle gepleeg word. Dit gee aanleiding tot die styging van tienerswangerskappe en die vroeë verlating van skool, soos reeds genoem is.

By die armstes van armes word die kindertoelae gebruik om huishoudings van ondergang te red en dit kom eintlik nie uit by die kind wat dit werklik nodig het nie.

Die Wes-Kaapse regering het ’n beleid wat toegewyd is aan landelike ontwikkeling vir die volgende vyf jaar. Juis om daardie rede gaan daar nou ’n direktoraat in ons landboudepartement geskep word met die doel om strategies te fokus op landelike vroue se ontwikkeling en om die vroue te bemagtig. Kom ons werk saam om ons vroue op ons platteland te bemagtig en ons gemeenskap uit hierdie wrede siklus van armoede te red, tot voordeel van al ons inwoners van Suid-Afrika. Ek dank u. [Applous.] (Translation of Afrikaans paragraphs follows.)

[Pardon me, but I will continue in Afrikaans. I have now said my little bit in English. Rural women have to bear a triple burden. The burden of being a woman means bearing the responsibility for herself and her family amidst increasing rural poverty and isolation, apart from the daily struggle of keeping body, soul and family together.

Freedom has not come to all women in the rural areas.

Research by Markinor in 2007 found that only 15% of rural women achieved a matric or higher education, in comparison with about 50% of urban women. Seventy per cent of rural women have to make do with less than R2 500 per household per month. Only 20% of these women have permanent work. About 40% of them are unemployed and therefore also permanently looking for work.

The two problems that tower far above others in rural areas are migration and poverty. The Western Cape has a huge immigration of 250 000 people from other provinces and the rest of Africa. In 2004 population growth reached 5,3%.

Population growth is also bigger in district municipalities, such as here in the Western Cape. The increase places a bigger and ever-increasing burden on our already struggling communities and municipalities, where the competition for work and survival is just so much more fierce and intense than elsewhere. Everybody is competing for the scarce water, employment and natural resources of our province, as in every other province. This is and remains a reality and within our provinces and South Africa every one of us will have to find a solution to address this problem.

According to Statistics South Africa there are about 150 000 more women than men in the Western Cape. This shows that more women are heading households.

HIV/Aids, foetal alcohol syndrome, tuberculosis and malnutrition are some of the more serious health problems that are ravaging these communities. Clinics are not always within reach of these women.

Foetal alcohol syndrome is a problem that has a recurring effect on communities. Teenage pregnancies, alcohol and drug abuse form a large part of the daily struggle of our rural women, who have to fend for themselves and for their children.

Statistics confirm that women more often fall prey to violence. Nowhere is this more evident than in the rural areas. She is afraid to lay a charge with the police, because she is scared that the little financial aid she does get from her life partner will be taken away from her and her family if he should be taken into custody.

It has been found that the mother of a molested child will not report the matter, precisely out of fear that the father will victimise her and withdraw the meagre resources that are keeping the family going.

Unfortunately it is also true that our police and criminal justice system often fail our women. The fact that women sometimes have to travel over long distances to police stations is discouraging for them. Many women do not report rape and sexual assault because of their perception of the legal system as having little or no credibility.

If they do have to go for forensic and medical examinations, the clinics are virtually inaccessible and do not always have the means to deal with these examinations. A further problem is that clinics are not always equipped with the required medical equipment and actually lack skilled personnel to carry out these examinations. Women are, however, being affected by the increasing crime while they also have the least access to our courts.

The fourth World Congress of Rural Women was held in Durban in April 2007. Problems that adversely affect rural women across the world were discussed. Apart from their isolation, rural women are further disadvantaged because of limited access to natural resources, infrastructure, financial aid and information and communication technology.

Government should continually upgrade and improve rural communities’ access to opportunities and resources. We must see to it that women have access to water and health care, because these are the pillars of development. We should take co-responsibility, in co-operation with women, to ensure that they empower themselves and thereby become self-sufficient to look after themselves and their families.

Women who become empowered in turn will help other women to become empowered, because they share their knowledge and skills. Although women possess lots of skills, programmes should be put in place so that they can maintain themselves in this regard and develop. Although there are specific policies to address the hardships of rural women — such as the recent introduction of the Ministry for youth and people with disabilities — the need in our rural areas is so great that all provinces must address this problem in all seriousness.

Basic programmes should be maintained in a sustainable manner with the co- operation of the whole community, churches and other organisations. That is how women will become empowered, for instance by way of specific training in a craft, to look after themselves and their families.

Skills development in agriculture, such as starting and maintaining vegetable gardens, will not only put healthy food on the table, but can also create a sustainable income. By empowering and supporting women, they can unite and start feeding schemes at schools in the rural areas and feed the children of the community.

Literacy is a basic right. We should do more to address literacy, especially among our previously disadvantaged women where illiteracy remains a major cause of unemployment.

More should be done to encourage our girls to take subjects such as mathematics and science. The more proud of themselves young girls and women are, the more negative factors such as teenage pregnancies will decrease. Girls and women should be empowered to have a say over their own bodies. Mothers should teach their sons self-discipline and respect for women.

Girls tend to do better than boys academically and they participate more in opportunities in science and technology. Cultural and socio-economic circumstances tend to hold girls back from school and tertiary education. Girls fare better than boys in aptitude and skills tests. Despite the higher intellectual capacity of our girls, there is an actual decrease in the number of girls enrolling at our schools. About 26% of girls in rural areas are leaving school at an early age because of arranged marriages, teenage pregnancies, family and cultural commitments as well as HIV/Aids. As children they then have to become the head of a household.

More girls than boys do complete their matric. More bursaries should be made available for school and tertiary education to encourage our girls to study and take their skills back to the rural areas. Bursaries specifically targeted at our rural children should be considered in all seriousness, because our rural parents just don’t have the financial means to send them for further training.

It happens in our communities that girls are too afraid to speak about their sexual molestation by teachers, older men, and even relatives and members of their community. The result is more teenage pregnancies, which is why they leave school early, as already mentioned.

Among the poorest of the poor the child grants are used to keep households from collapsing and they never reach the children that are really in need of them.

The Western Cape government has a policy dedicated to rural development for the next five years. For that very reason a directorate is now being created in our agricultural department with the aim of focusing strategically on the development of rural women and of empowering them. Let’s work together and empower our rural women and save our community from this cruel cycle of poverty, to the benefit of all inhabitants of South Africa. I thank you. [Applause.]]

The HOUSE CHAIRPERSON (Mr R J Tau): Hon members, may I just raise a very disturbing matter. I don’t know if you have observed it. Let’s respect the decorum of the House by switching off our phones. If you don’t know how to switch it off, ask the person next to you to assist you. If that fails, then just take out the battery. If it is new, and you don’t know how to operate it, just take out the battery. We will assist you after the adjournment to put the battery back in and switch on your phone. Please, let’s just show respect in this basic way.

Mrs Y N PHOSA (Mpumalanga): Hon Chairperson, hon Deputy Chairperson T C Memela, hon Chief Whip N D Ntwanambi, hon members, hon Minister, hon Deputy Ministers, hon members of executive councils from provinces, distinguished guests, comrades and friends, ladies and gentlemen, I feel privileged and honoured to have this opportunity to address this august House on this relevant and important debate in the evolution of our struggle. We have defined the fundamental objective of our struggle as being the turnaround of the interconnected racial, gender and class contradictions that confronted our society that arose from decades of a special type of colonialism.

It is on occasions such as this that we are reminded about the instructive words of the former President of Frelimo, the first President of the post- independent Republic of Mozambique, Comrade Samora Machel, when he said:

The emancipation of women is not an act of charity, the result of a humanitarian or compassionate attitude. The liberation of women is a fundamental necessity for the revolution, the guarantee of its continuity and the precondition for its victory. The main objective of the revolution is to destroy the system of exploitation and build a new society which releases the potentialities of human beings … This is the context within which women’s emancipation arises.

These instructive words of the late President Comrade Samora Machel are still relevant even today, and they apply equally in the rural areas.

The province of Mpumalanga is predominantly rural in nature. As such, there are various programmes earmarked by the Mpumalanga government for the improvement of the rural communities of which the majority are women.

The provincial department of agriculture, rural development and land administration is mandated to implement most of the projects. The department of agriculture, rural development and land administration is implementing Masibuyele Emasimini [Let’s go back to growing our crops], agriculture infrastructure development linked to the Expanded Public Works Programme, a livestock improvement programme, and research and development, as well as the Comprehensive Rural Development Programme.

In as far as Masibuyele Emasimini is concerned, as part of promoting integrated rural development and responding to the food price crisis, the province is implementing the Masibuyele Emasimini programme. The province has purchased 185 tractors and other implements over the past four years, and these tractors are utilised to provide mechanisation for rural communities.

In addition, the province assists the rural communities with the acquisition of production inputs for their own food production and sales of their surplus produce. The cultivation includes both fields and backyard gardens, which are extended to school gardens. To date, 28 000 households and 116 830 individuals have been reached directly through the programme over the past four years. The province has planned to reach at least 39 000 households or 200 000 beneficiaries this current financial year, making livelihoods much easier as households will be food secure.

During the current year, the province is also developing maize mills and silos to further allow rural women to engage in economic activities through the selling of the surpluses. More than 60% of these beneficiaries are women, as most of them remain in the rural areas, due to migratory labour. The administrators of the mechanisation programmes are mostly women and about 10 have been employed.

Regarding agriculture infrastructure development linked to the Expanded Public Works Programme, for effective and efficient intervention in improving the lives of women in the rural areas of the province, the province has developed a focused and integrated approach to agriculture. This approach fosters the consolidation of resources in the form of, among other things, capital investment, to achieve maximum impact on poverty and unemployment. Through this programme, the province provides assistance to beneficiaries and women in particular on the land-reformed farms, to derive economic benefits through this capital investment.

The support given by this programme includes projects dealing with the production of macadamia nuts, horticulture, sugar cane and poultry in the Ehlanzeni District Municipality; the production of horticulture, soya beans, poultry and cattle in the Gert Sibande District Municipality; and the production of soya beans, poultry and gold in the Nkangala District Municipality. About 2 507 beneficiaries have been targeted for this financial year to be covered by the infrastructure intervention on their respective farms, and more than 40% of them are women.

In infrastructure development, more women are employed, thus contributing to the job opportunities in line with the EPWP II framework. In addition to the job opportunities, technology and skills transfer to these women form the core. During construction, about 1 139 people were employed during the previous financial year and 34% of these were women.

Fencing as part of soil conservation also assists in the creation of job opportunities and ensures sustainable resource development. This does not only cover current needs, but also the needs of future generations as the resources will remain in perfect balance.

With regard to risk and disaster management in the province, the province has a disaster management programme that is meant to provide relief assistance to farmers in general, including women farmers, if they fall victim to any natural disaster that would affect their agriculture business. The assistance is generally in the form of livestock replacement, repairing of infrastructure and fodder supply. In the previous financial year, about 35 women benefited from this programme, receiving about 200 cattle to replace livestock lost during the 2007 veld fires.

In terms of the livestock improvement programme, the province contributes to the control measures when it comes to arresting animal disease outbreaks. The province provides assistance to women livestock farmers by controlling and preventing significant animal diseases. This is done through vaccination against diseases like anthrax, rabies and foot-and- mouth disease, among other diseases.

In collaboration with the Industrial Development Corporation, the IDC, the province is also assisting rural communities, predominantly women, in enhancing the productivity of Nguni cattle. This will also provide an enabling environment for the women farmers to farm commercially with the traditional Nguni cattle.

Regarding research and development, the province is continually contributing through its research and development programme in order to effectively respond to the environmental and economic needs of our communities. This focus has been on adaptive research, in order to maximise the support to women subsistence and emerging farmers and to rural women’s developmental needs. Through the land tenure programme, the province contributes to the emancipation of rural women by providing land surety. Through this programme, women landowners are provided with title deeds to ensure that women become economically active.

The province is leading in implementing a pilot project for the Comprehensive Rural Development Programme, focusing on the Donkerhoek, KwaNgema and Emahashini communities in the Mkhondo Local Municipality. This pilot project is targeting at least 4 016 households. More than 2 500 decent and sustainable jobs will be created, and the women will be prioritised and targeted in compliance with the transformation policies. The province’s plan is to direct resources and ensure that there is maximum participation and involvement by women. At least 50% women beneficiaries are assured from this programme.

The Expanded Public Works Programme, co-ordinated by the provincial department of public works, roads and transport, has programmes to improve the infrastructure, particularly the roads network, in the rural areas of the province through a programme called the Siyatentela project. This is done by involving the local communities.

The HOUSE CHAIRPERSON (Mr R J Tau): Unfortunately, your time is up.

Mrs Y N PHOSA (Mpumalanga): In conclusion, Chair, if you would allow me, the inspiring words of Stephen Grellet remind us that we are the servants of the people, when he says:

I shall pass through this world but once. Any good therefore that I can do or any kindness that I can show any fellow creature, let me do it now. Let me not defer or neglect it, for I shall not pass this way again.

Indeed, I totally agree with Stephen Grellet. We have an opportunity on our hands. Let us make full use of it, and let’s add value to the women in the rural areas. [Applause.]

The HOUSE CHAIRPERSON (Mr R J Tau): Thank you very much, hon member Phosa. It is not always easy but I took advantage of the fact that she is a former Speaker so she understands very well what I am going through as a result of her time expiring.

UMntwana M M M ZULU: Sihlalo ohloniphekile waleNdlu, Phini likaSihlalo sojodu omkhulu wakuleNdlu, mhlonishwa Ngqongqoshe, oNgqongqoshe-ke abancane bezifundazwe abakhona phakathi kwethu, ngithi ke, usuku lwanamhlanje usuku lwezizwe zihlanganyela ukuhalalisela abesifazane ekwenzeni izinto ezinkulu noma ekuphatheni imizi labo abasemakhaya. Ngithi mina, isifazane sesizwe siwumgogodla wesizwe, isizwe esingenaso isifazane saso akusona isizwe leso. Ngithi omama yibona abazi ubunzima bamakhaya, ngithi-ke kuyihlazo nje ke ukuthi yonke leminyaka babekade bengabonakali indima yabo ebalulekile abayidlalayo ekubusweni kwezwe. Ngithi ke ekuphathweni kwekhaya omama yibona izinsika zezwe ezazi ukuthi izingane zidlile noma azidlanga, ngoba thina singamabhunguka nje njengoba umuntu ebhunguke lapha eKapa nje awazi ekhaya kwenzekani, umama owazi kahle ngengane nekhaya ukuthi kwenzekani.

Ngithi-ke, labomama besizwe kufuneka ukuthi uNgqongqoshe weZolimo njengoba ephethe umgogodla wezwe, ngoba inhlabathi le esifihlayo uma sesihambile emhlabeni iyona futhi esiphila ngayo, iyona futhi ingubo yethu. Ngithi-ke, kusemqoka Ngqongqoshe ukuthi kufuneka uzibheke zonke lezi zifundazwe eziyisishiyagalolunye ukuthi omama bayanikezwa yini na amathuba namathuluzi okuthi bakwazi ukondla izisu zethu nezingane zethu. Ngoba kuke kushiwo ukuthi intandane enhle ngumakhothwa ngunina nje, uma efile unkosikazi mina ndonda ngakusasa nje ngoba amadoda asizili abuye ahambe ayobheka omunye umama, kanti umama uyakwazi ukuthi a zilele mina njengendoda iminyaka emibili abe ondla izingane zakhe. Ngithi kulokho Mhlonishwa Ngqongqoshe noma nenze konke okusemandleni njengohulumeni wethu ukuba nibhekelele izindawo zasemakhaya.

Ngingavumelani ngokuthi omama babengenalo ilungelo lokusho okuthile, ngizekelisa ngoMthani indlovukazi, yaphatha izwe kwaZulu, uMkabayi kaJama. Izwe ngabe laliphethwe uMandlakazi uma wayengekho uMkabayi, wahamba wayoshelela uyise intombi yagana yazala uSenzangakhona.

Indlovukazi ukaMsweli yaphatha izwe ngesikhathi uDinizulu eboshiwe indodana yakhe iboshelwa e-St Helena eNyakatho Kapa, waphatha izwe wabutha amabutho kwaZulu. Ngithi ke abafazi babelalelwa kwelakithi namanje uma ekhuluma umkami ehleba ngiyakwazi ukulalela ukuthi uthini bese ngivuka ekuseni ngikhulume. Ngibonge mphathi wohlelo. [Ihlombe.] (Translation of isiZulu speech follows.)

[Prince M M M ZULU: Hon Chairperson of this House, Deputy Chairperson, chief of this House, hon Minister and the provincial MECs that are amongst us here, today is International Day of Rural Women, when all nations celebrate women in doing great things or for managing homes and those who are stay-at-home mothers. The nation’s womenfolk are its backbone — a nation without womenfolk is not a nation. Women are the ones who know domestic hardships. It is therefore shameful that the important role that women play in the running of the country has been overlooked all these years. In respect of running a home, women are the pillars of the nation as they are the ones who know if the children have eaten or not. I am saying this because as we are here, we are migrants who have migrated to Cape Town — we do not know what is happening at home, but the mother knows very well about the home and the child. It is important for the Minister of Agriculture, Forestry and Fisheries to investigate whether women from all nine provinces are provided with farming opportunities and implements, to enable them to feed us and our children. The Minister heads the department that is the backbone of the nation, because the soil that we live by is the very soil that we are buried in when we have passed on and this soil is also our blanket. It is sometimes said that for a child to look well his or her mother should look after him or her, but if my wife should die, I as a man —like all other civilised men — will go and look for another wife, whereas a woman mourns her husband for a period of two years while maintaining her children at the same time. With that in mind, hon Minister, you, as our government, would have done everything in your power if you could look out for rural areas.

But, I do not agree with the notion that women had no right to say anything in the past — I can mention Queen Mthani and Mkabayi kaJama who ruled KwaZulu. The land would have been ruled by Mandlakazi if Mkabayi had not been available. Mkabayi at some stage went to declare love to a young maiden on behalf of her father. He later married the maiden and she bore him a son, Senzangakhona.

Queen kaMsweli ruled the land when Dinizulu her son was incarcerated at St Helena in the Northern Cape — she ruled the land and recruited the army in KwaZulu. I am therefore saying that women were listened to in my ancestral land and even today I listen to my wife when she speaks — when she whispers in my ear at night — then I wake up in the morning and talk. Thank you, Chairperson. [Applause.]]

Rre G G MOKGORO: Modulasetilo, Tona e e tlolegang, batlotlegi ba ba tswang kwa diporofenseng tse dingwe, maloko a Ntlo e, ke a dumedisa. Ke kopilwe ke Ntlo e ka manontlhotlho go bua Setswana. Jaanong ke tla bua ka tshotlego ya bomme mo malatsing a gompieno. Rona ba ba godileng ka dingwaga tsa bo 1930- 1950 re fitlhetse batsadi ba rona ba tshela ka temothuo gonne ba ne ba na le lefatshe, megoma, didiriswa tse di tlhokegang e bile pula e na.

Morago ga gore Lekoko la Manašenale le tseye puso ka 1948, la tla ka maano a go humenegisa mothomontsho le go dira gore a tshele ka tlala le bolwetse. Fa ba sena go tsaya puso ba dira melao ya gore batho ba seka ba tlhola ba lema. Ka mafoko a mangwe, gore ba seka ba tlhola ba na le go ka itirela ka bobona. Mora go ba laela batho go kgaola leruo la bona. Sekai, fa o na le dikgomo di le 10 ba kgaola di le 4 mme o sale ka di le 6. Ba tswelela go dira jalo mo ngwageng o o latelang fa di sena go tsala. Ka tsela eo batho ba simolola go humanega le go tshelela mo tlaleng e e neng ya lere malwetse a le gompieno re tshelang ka ona.

Ka nako eo, lelapa le ne le tshwarwa ke mme fa rre a ya go batla didiriswa go di tlisa gae. Mme o ne a di laola a bona gore mongwe le mongwe wa lelapa o tsaya kabelo e e mo lekaneng. Ka moo go ne go sena dingongorego. Balemi ba ne ba na le didiriswa tsa temo. Ka nako ya kotulo ba ne ba kopa malapa a a sa kgonang go lema go ba thusa go kotula mo masimong. Fa ba sena go kotula mmidi, mabele kgotsa dinawa mme wa lelapa o ne a tsaya karolo e e rileng mme a kgaoganye bomme ba ba mo thusitseng. Ka mafoko a mangwe, o lemile kgotsa o sa lema o ne o nna le se o se isetsang balelapa la gago morago ga kotulo.

Borre ba ne ba dira kwa meepong. Ka nako ya fa dipula di na ba ne ba tla go lema mme morago ba boele kwa meepong. Bomme ba ne ba sala ba etse tlhoko masimo, ba etse tlhoko leruo, ba etse tlhoko sengwe le sengwe sa legae. Borre ba ne ba tla ka tšhelete go tshedisa malapa a bona. Morago ga 1948 dilo tsotlhe tseo tsa fedisiwa ke tlhaolele, tsa fedisiwa ke go kgaolela batho dilo, tsa fedisiwa ke gore batho ba se ka ba se tlhola ba lema.

Mokgatlho wa rona o lwantshitse tlhaolele, e fedile fa ke bua jaana. (Translation of Setswana paragraphs follows.)

[Mr G G MOKGORO: Chairperson, hon Minister, dignitaries from other provinces, members of this House, good afternoon. This House requested me to speak Setswana. So, I am now going to speak about women’s hardships nowadays. Our generation that grew up in the 1930-1950s found our parents surviving through agriculture because they had land, coulters, necessary resources and it used to rain.

After the National Party took over the government in 1948, it came with plans to make black people live in poverty and disease. After assuming power they made laws that told people not to plough anymore. In other words, they could no longer be independent. After that they instructed people to cull their herd. For example, if you had 10 cattle they would cull 4 so that you were left with 6. They would continue to do that the following year after the cows had given birth. In that way people became poor and lived in poverty, which brought diseases that we have even today.

At that time, a family was under the woman’s care while the man had to find food to bring home. The woman had to make sure that every family member received a fair share. Therefore there were no complaints.

Farmers had farming resources. During the harvesting season they asked families that could not plough to help them harvest. After harvesting maize, wheat or beans the mother of the house would take a certain portion and share it amongst the women who helped her. In other words, whether you ploughed or not you had something to take to your family after the harvesting season.

Men were working at the mines. During a rainy season they would come home to plough and afterwards go back to the mines. Women would stay behind to take care of the fields, the herd and everything that belonged to their families. Men would bring money to take care of their families. After 1948 all that was brought to an end by apartheid. It was ended by the reducing of people’s herds; it ended because people were not allowed to plough anymore.

Our party fought against apartheid; it no longer exists as I speak.]

I’d like to direct what I’m going to say to the Minister, Comrade Gugile Nkwinti. I feel that his appointment as the Minister of Rural Development and Land Reform was one of the best decisions of the President. I have respect for him; he is a committed man and I know he is going to succeed. Two months ago, he became the first Minister to invite us to unveil a project on rural development in Giyani. I could only see the potential of development, and I could see the commitment of the Minister in that during his tenure he would like to see the lives of many people being changed, especially those of women.

Mr Minister, I am from the Northern Cape and recently during our provincial week we undertook what is called in the NCOP an oversight visit. We went around the region and took the delegation to four points as we wanted them to see what was taking place there. At those four points there are natural resources: water, land, people and the sun. People staying adjacent to these resources do not use the water. The water is only used by the big commercial farmers.

We took the delegation to Vaalharts and Spitskop - I would like you to write down these names. Vaalharts is a big irrigation scheme which, according to the media, is the biggest in the southern hemisphere. We then took them to Spitskop, a big dam which is almost the size of Lake Tanganyika. The caretaker told us that the dam holds about 6 million kilolitres. Next to these facilities there are big settlements of African communities, but they do not enjoy any of these. We need to …

Mr D V BLOEM: Chairperson, I rise on a point of order: I want to thank the speaker for this political education, but it is not part and parcel of the debate. But, we’ll let him continue because he is talking about water now.

The HOUSE CHAIRPERSON (Mr R J Tau): I have always thought that central to the programmes of rural development is the very strategic role water plays and therefore becomes part of the debate. Therefore the point of order is not carried.

Could you proceed and wrap up, please, hon member?

Mr G G MOKGORO: No, that man took my minutes. [Laughter.] I haven’t finished yet. I was still addressing the Minister that …

The HOUSE CHAIRPERSON (Mr R J Tau): Your time has expired, but I will allow you to conclude.

Mr G G MOKGORO: Hon Minister, I would like to invite you to come to the Northern Cape one day to see what is happening there. The possibility of developing people in those areas is so huge that it doesn’t even have to be planned. What needs to be done is to take these four resources, combine them and there will be production, and many people will not be hungry. [Applause.]

The HOUSE CHAIRPERSON (Mr R J Tau): Thank you, Mr Mokgoro.

Mr G G MOKGORO: In conclusion … [Laughter.]

The HOUSE CHAIRPERSON (Mr R J Tau): Your time has long expired.

Mr G G MOKGORO: I agree with Mr Gunda that three minutes is too short a time to give a speech because he is a really eloquent speaker. I would advise him to join the larger parties so that he can get 10 minutes to speak. Thank you. [Laughter.] [Applause.]

The HOUSE CHAIRPERSON (Mr R J Tau): I call on the hon Minister to conclude the debate. Hon Nkwinti?

The MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Thank you, hon House Chair. I will not follow them. I was a Speaker once – Speaker and Deputy Speaker.

I spoke here about social infrastructure in rural areas. I spoke about economic infrastructure in rural areas. I spoke about cultural facilities, ICT infrastructure and resource planning capacity for women. If you don’t deal with those things in the rural areas, you are not going to have an impact on the hardships that are experienced by women.

I will give a few examples. An hon member spoke about 36 women in Giyani who need a pack shed because they produce and sell. But as long as they don’t have a pack shed where they can keep their produce and preserve it, they do not have full control over the market. So we built that for them.

They use an engine to irrigate. One of their engines was stolen. So we had to build a small room for them to keep their engines in. These are women who live in the village. They have got a market with Spar. This is a very important economic infrastructure development.

I spoke of social infrastructure. If you look at the health side of things, this affects women more than men. We had a secondary and a primary school with no ablution facilities. What does that say about health?

This government prioritises health. One of the first things that we did was to build 4x4 ablution blocks in both of the schools so that we can deal with the health aspect of the community. Again, you are actually impacting on the lives of women because they constitute the majority there.

The question of a market for women in rural areas as they produce needs to be addressed, because that’s what they do. They have small gardens — some of them are relatively big. They produce. But they need a market.

In Dutywa, in the Eastern Cape, we constructed, in that department — I thought the MEC would say that – an agripark. In this agripark, we have 35 hectares. We constructed a vegetable processing plant. And this we did in conjunction with Fort Hare. That was for women because out there it is the women who are producing vegetables.

At the moment, if you go there, you can buy soup powder. That is from women growing vegetables and selling them. What is left in excess, they sell. This does a couple of other things for women, because it creates an opportunity for women to sell, as a market, as well as to create relatively sophisticated job opportunities and then for them to be trained. If you follow that through, you will find that, again, that talks to economic infrastructure.

If you look at the rural employment and training model of the Department of Rural Development and Land Reform, you will find that it is household- based. We are going to Mkhondo on the 30th and 31st of this month. I heard the hon member Phosa saying that there were 4 000 households there. That’s exactly the point. Our model is based on households. For every household, we are going to contract one person. That person will be paid in terms of the principles of the Expanded Public Works Programme.

This has to do with creating opportunities for women to work. They will be contracted for two years. They will work; they will train. That’s exactly the process we are going through in terms of our facilitation in the Free State. We are doing that because we want women to benefit from these programmes and to transform their lives using social infrastructure development and economic infrastructure development.

We are saying that when you contract, 50% of what you are earning must go to the household, and you can do whatever you want to do with the other 50%. We want to relieve the stress on women, not only by creating jobs, but also by making sure that there is food in that household for two years. We will train them. Finally, the most important thing is the social impact on women.

Firstly, we will employ them for two unbroken years using the principles of the EPWP, which say that at least 60% of employees must be women. We have discussed that. We engaged them. We said to them that we wanted them to postpone pregnancy for at least two years. That is the impact, and we want the hon members here to judge us on that. That is the first aspect. Secondly, we said that, as a result, we want to reduce the HIV infection rate because, in order for them to delay pregnancy, they must use condoms. The government has not been able to force young men and women to use condoms. We hope that this is going to happen.

Thirdly, we want to reduce the dependence on social grants by young women. It is the young women, and not the men, who are negatively affected by this. Fourthly, we want to reduce petty crimes, particularly domestic violence.

All of these things are factors that affect women more than they do men. That is how we want the government to be judged. It all has to do with us wanting to impact positively on the lives of women, especially young women. This is what we will do in every province we go to. We are in the Free State. We have started in KwaZulu-Natal and in the Eastern Cape. We are now going to two provinces which we have not touched on: Mpumalanga and the North West. We are going to Mpumalanga at the end of this month.

We will focus on the household because women are the people who are often heads of households, whether they are working in the mines or wherever. I went to Hlobane in KwaZulu-Natal, and I was shocked to find women in an old hostel. They are the ones who carry water. They live upstairs. They carry water upstairs because the facility does not allow them to have a tap up there. They carry water upstairs, wash there and then they have to bring the bucket down to throw the water out. These are women. That is what the programme of government is supposed to do in order to impact on women positively. That is what we are doing as the government.

Therefore, when we say, as government, that we are talking about social infrastructure, we mean this thing that has to do with constructing ablution facilities to improve the quality of health of our people. When we talk about economic infrastructure, we talk about creating village markets where women can grow and sell their produce, get jobs and feed their children.

ICT infrastructure is very important. When we talk about cultural progress, we are talking about rural women not having to go into the city in order to see the World Cup, if it’s possible. Let them stay home. Let’s provide this infrastructure at home. We are talking about women who can access information through the Internet from where they are in the rural areas. That is why we are building these Thusong centres, including at Muyexe where we built one.

The hon Bahlekazi [sirs] will perhaps be happy about this. We built one that is standing there. The community came together with their children and said that it was too small and that they would like it to be a traditional council chamber. They showed us a site where to build a new one.

That, again, tells you that now they feel they can make a decision, because you cannot emancipate women when they are unable to make these fundamental decisions, even against you as the government. You need to be able to say, “Fine, we thought that centre would be fine there, but we have learnt. We understand now. It can’t be there.” The community should be able to say, “This is what we want you to do. That’s where we want you to build this centre.”

We will. We have to respond to it because the majority of the people we are dealing with there are women. Why they decided to turn what we referred to as a Thusong centre into a traditional house, we don’t know, but that’s what they want. Thank you very much. [Applause.]

The HOUSE CHAIRPERSON (Mr R J Tau): Thank you very much, hon Minister. Before we conclude, I just want to thank the Minister, of course, on behalf of the House for having opened and closed this very important debate.

A very important observation, of course, is the level of interest that has been shown by MECs from the provinces. Four MECs actively participated in the debate, two being female and two being male. In terms of the overall participation of members in the debate, the males participated more than the females. This is quite an important and progressive sign of how very seriously, as Parliament and as the National Council of Provinces, we take matters of women’s empowerment and, in particular, in relation to rural women. So, therefore, thank you very much.

Debate concluded.

Consideration OF REPORT OF SELECT COMMITTEE ON TRADE AND INTERNATIONAL RELATIONS - Convention on Registration of Objects Launched into outer Space

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON TRADE AND INTERNATIONAL RELATIONS - Convention on International Liability for Damage Caused by Space Objects

Mr D D GAMEDE: Chairperson, the Convention on Registration of Objects Launched into Outer Space and the Convention on International Liability for Damage Caused by Space Objects are two related issues. That is why we have one statement for both of them.

South Africa, being a member of the United Nations and adhering to the principles applicable to members of the UN and in recognition of internationally binding agreements that arise from this, has ratified these two international conventions.

We should note the fact that space exploration is a development which began with the launch of the first artificial satellite in 1957. Since then, incredible progress has been made, leading to the landing of men on the moon. A look at the number of launchings which have been registered with the United Nations will show the influence of space science and technology on human endeavours.

We should further note the fact that satellites can always be used for communications, weather forecasting, education, and remote sensing of the resources of the earth.

It is the United Nations Committee on the Peaceful Uses of Outer Space that is the focal point of international co-operation in space activities.

The Convention on Registration of Objects Launched into Outer Space, which was adopted in 1975, ensures that all objects launched are registered with the United Nations and identifiable with a registration number. Secondly, the launching state maintains a register and provides the necessary information to the United Nations.

The benefits attached to working with the conventions include the following: freedom of exploration; an increase in the safety of space activities; an increase in credibility and confidence in South Africa’s space operations and enhanced authority; peaceful settlements of disputes; and the protection of victims.

The Convention on International Liability for Damage Caused by Space Objects, having been drafted in 1972, ensures liability of a launching state for any damage caused on earth or to aircraft in flight that may arise from these launchings – taking into account that most hon members also use aircraft. The convention also regulates liability, while international law governs the compensation whenever there are claims arising out of disagreements on the application of the convention.

South Africa has made an investment in a satellite named Sumbandila, a Venda term for “pathfinder”. The satellite was launched recently in Russia. It is not economically viable for South Africa to have its own internal launch facility, owing to its having to stand idle for much of the time at a high cost to the country. As a result, there is a bilateral agreement with Russia, hence the launching in Russia.

South Africa is currently working towards concluding an agreement with India. India is using outer space technology for developmental purposes and has a number of programmes involving satellite communication to enhance health and educational programmes. We should note that launch capability is a very expensive option, but raises the level of South Africa’s scientific capabilities.

South Africa is currently working with other African states and is in the process of finalising a memorandum of understanding with Nigeria and Algeria. We are in the process of developing a declaration of intent.

South Africa is steadfastly working on the development of a South African scientific capability which would enhance and aid our scientific research and development capacity sustainably. Therefore, we as the committee humbly request this House to support the ratification of these two reports. I thank you, Chair. [Applause.]

Debate concluded.

Question put: That the Report on Convention on Registration of Objects Launched into Outer Space be adopted. IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.

Report on Convention on Registration of Objects Launched into Outer Space accordingly adopted in accordance with section 65 of the Constitution.

Question put: That the Report on Convention on International Liability for Damage Caused by Space Objects be adopted.

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape. Report on Convention on International Liability for Damage Caused by Space Objects accordingly adopted in accordance with section 65 of the Constitution.

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT — Provisional Suspension from Office of Magistrate T C Oliphant

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT — UPLIFTMENT OF PROVISIONAL SUSPENSION FROM OFFICE OF MAGISTRATE BACHARAM

Mong T M H MOFOKENG: Modulasetulo komiti e ile ya kopana le khomishene ya bomakgiseterata mme ya fumana tlaleho tse pedi tse fapaneng, ya Mme T C Olifant moo ho ileng hwa tlalehelwa komiti ka maikemisetso a ho fuputsa menyenyetsi ya boitshwaro bo sa phethahalang mabapi le Mme Olifant.

Menyenyetsi eo e ne e amana le ho se itlalehe ha hae mosebetsing ho tloha ka di 25 tsa Mmesa ho fihlela ka di 10 tsa Pudungwana ka 2008. Ho hlahelleng ha hae komiting ya kgalemo ka Pudungwana o ile a nehelana ka lengolo leo a neng a supa hore o ne a ena le kgatello ya maikutlo hoo a ileng a ba a amohelwa kliniking ya phekolo ya kelello ho tloha kadi 2 tsa Mmesa ho fihlela ka di 24 mme a tshepisa hore o tla qala ho kgutlela mosebetsing ka di 10 tsa Pudungwana 2008.

Komiti ya kgalemo e ile ya mo kopa hore ha a kgutlela mosebetsing a tle le lengolo le tswang ho motho ya neng a mo hlahloba ho hlalosa hore o maemong a matle a hore a ka qala ka mosebetsi. Ha a ka ba a tla le lona lengolo leo, ka di 17 tsa Pudungwana ha a ka baa itlaleha mosebetsing hape, ho fihlela le kajeno hoo khomishene e ileng ya nka qeto ya ho mofanyeha mosebetsing mme ya tlalehela komiti ka metjha yohle eo e enkileng ho leka ho kgutlisetsa maemo madulong.

Kamora ho lekola tlaleho eo ya khomishene komiti e dumellane ka ho tshehetsa kopo ya hore Mme Olifant a tloswe mosebetsing ka ho phethahala.

Ya bobedi ke ya makgiseterata Mme Bacharam wa ofisi ya Scottsburg moo teng a ileng a fanyehwa mosebetsing ka baka la qoso e neng e le kgahlano le yena.

Pheletsong ya nyewe ha aka a fumanwa a le molato mme kopanong ya khomishene le komiti re ile ra tlalehelwa hore letona le eleditswe ho kgutlisetsa Mme Bacharam mosebetsing. Kamora ho sekaseka tlaleho eo komiti e dumellana le qeto ya hore Mme Bacharam a kgutlele mosebetsing mme re kopa ntlo e tshehetse qeto tseno di le pedi. Ke a leboha. [Mahofi.] (Translation of Sesotho speech follows.)

[Mr T M H MOFOKENG: Chairperson, the committee met with the Magistrates’ Commission and found two different reports, one of which was on Mrs T C Oliphant and was presented to the committee regarding the intention to investigate allegations of misconduct on the part of Mrs Oliphant.

These allegations related to her failure to report for work from 25 April until 10 November 2008. During her appearance at the disciplinary committee she produced a medical certificate indicating that she was suffering from depression to the extent that she was admitted to a psychiatric clinic from 2 April until 24 April, and she promised to return to work on 10 November 2008.

The disciplinary committee asked that when she returned to work she should bring the letter from the person who was examining her in order to see whether she was in a condition to start working. She did not provide such a letter. On 17 November she did not report for work again and has not done so until today when the commission decided to suspend her from work and reported to the committee about all the necessary efforts it made to restore the situation to normalcy.

After careful examination of the commission’s report, the committee agreed to endorse the recommendation that Mrs Oliphant be permanently removed from her job.

The second case involves that of Magistrate Bacharam from the Scottburgh office who was suspended from her job as a result of charges against her.

At the end of the trial she was found not guilty and therefore at the meeting of the commission and the committee it was reported that the Minister had been advised to reinstate Mrs Bacharam in her job. After deliberating on the report the committee concurred with the decision to have Mrs Bacharam reinstated in her job, and we would therefore like the House to endorse the two decisions taken. Thank you. [Applause.]]

Debate concluded.

Question put: That the Report on Provisional Suspension from Office of Magistrate T C Oliphant be adopted.

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.

Report on Provisional Suspension from Office of Magistrate T C Oliphant accordingly adopted in accordance with section 13(4)(c) of the Magistrates Act, 1993.

Question put: That the Report on Upliftment of Provisional Suspension from Office of Magistrate Bacharam be adopted.

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.

Report on Upliftment of Provisional Suspension from Office of Magistrate Bacharam accordingly adopted in accordance with section 13(4)(c) of the Magistrates Act, 1993.

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT – PROTOCOL OF AMENDMENTS TO THE INTERNATIONAL HYDROGRAPHIC ORGANISATION, IHO, CONVENTION

Mong T M H MOFOKENG: Ke a leboha Modulasetulo le maloko a Ntlo a hlomphehang. Aforika Borwa ebile setho sa International Hydrographic Organisation ka selemo sa 1967 mme ka Mmesa 2005 haeba le tshisinyo e ileng ya etswa ho fetola tse ding tsa dihlomathisetswa tsa molao wa motheo ka maikemisetso a ho matlafatsa tshebetso ya mokgatlo.

Lefapha la tshireletso ya metsing le ile la tlalehela komiti mme la e netefaletsa hore boramolao ba mmuso ba tiisitse hore diphetoho tseo ha di tlo ho ba le ditlamorao tse mpe tshireletsong ya naha. Ka hona komiti e ikgotsofaditse ka tlaleho ena mme re kopa ntlo e dumellane le kopo eo. Ke a leboha. (Translation of Sesotho speech follows.)

[Mr T M H MOFOKENG: Thank you, hon Chairperson and hon members of the House. South Africa became a member of the International Hydrographic Organisation in 1967, and in April 2005 there was a proposal for a protocol of amendments with the intention to strengthen the capacity and effectiveness of the organisation. The South African Navy reported to the committee and assured it that the state law advisers have ensured that those amendments will not negatively affect national security. Therefore the committee is satisfied with the report and we would like the House to adopt it. Thank you.]

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.

The Council adjourned at 16:47. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

                      FRIDAY, 18 SEPTEMBER 2009

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Arts and Culture

(a)     Report and Financial Statements of the National Library of
    South Africa for 2008-2009, including the Report of the Auditor-
    General on the financial Statements and Performance Information
    for 2008-2009 [RP 215-2009].

                      MONDAY, 21 SEPTEMBER 2009

TABLINGS

National Assembly and National Council of Provinces

1. The Minister in The Presidency: Performance Monitoring and Evaluation

(a)     Report and Financial Statements of the International Marketing
   Council (IMC) for 2008-2009, including the Report of the Auditor-
   General on the Financial Statements and Performance Information for
   2008-2009 [RP 134-2009].

1. The Minister of Health

(a)     Report and Financial Statements of the Council for Medical
   Schemes for 2008-2009, including the Report of the Auditor-General
   on the Financial Statements and Performance Information for 2008-
   2009 [RP 67-2009].


(b)     Report and Financial Statements of the National Health
   Laboratory Service for 2008-2009, including the Report of the
   Independent Auditors on the Financial Statements and Performance
   Information for 2008-2009.

1. The Minister of Rural Development and Land Reform

(a)     Report and Financial Statements of the Ingonyama Trust Board
   for 2008-2009, including the Report of the Auditor-General on the
   Financial Statements and Performance Information for 2008-2009 [RP
   172-2009]. 4.    The Minister of Trade and Industry

(a)     Report and Financial Statements of the Technology and Human
   Resources for Industry Programme (THRIP) for 2008-2009, including
   the Report of the Auditor-General on the Financial Statements and
   Performance Information for 2008-2009.

1. The Minister of Mining

(a)     Report and Financial Statements of the Council for Geoscience
   (CGS) for 2008-2009, including the Report of the Auditor-General on
   the Financial Statements and Performance Information for 2008-2009
   [RP 55-2009].

1. The Minister of Water and Environmental Affairs

(a)     Report and Financial Statements of the Trans-Caledon Tunnel
   Authority (TCTA) for 2008-2009, including the Report of the
   Independent Auditors on the Financial Statements and Performance
   Information for 2008-2009.

1. The Minister of Sport and Recreation

(a)     Report and Financial Statements of the South African Drug-Free
   Sport for 2008-2009, including the Report of the Auditor-General on
   the Financial Statements for 2008-2009 [RP 99-2008].


                     TUESDAY, 22 SEPTEMBER 2009

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a)     Report of the Auditor-General on an investigation at the South
    African Broadcasting Corporation [RP 237-2009].

1. The Minister in The Presidency: Performance Monitoring and Evaluation

(a)     Green Paper on Improving Government Performance: Our Approach
    [RP 223-2009].
    Please note: The above report is an amendment of the entry of item
    1 under Tablings published on page 732 of the Announcements,
    Tablings and Committee Reports of  8 September 2009.

1. The Minister of Police

(a)     Report and Financial Statements of Vote 22 – Department of
    Safety and Security for 2008-2009, including the Report of the
    Auditor-General on the Financial Statements and Performance
    Information of Vote 22 for 2008-2009 [RP 204-2009].

1. The Minister of Science and Technology (a) Report and Financial Statements of the South African National Energy Research Institute (Pty) Ltd 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 South African Council
    for Natural Scientific Professions 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 Human Sciences Research
    Council (HSRC) for 2008-2009, including the Report of the Auditor-
    General on the Financial Statements and Performance Information for
    2008-2009 [RP 184-2009].


(d)     Report and Financial Statements of the Africa Institute of
    South Africa for 2008-2009, including the Report of the Auditor-
    General on the Financial Statements and Performance Information for
    2008-2009.


(e)     Report and Financial Statements of the National Advisory
    Council on Innovation for 2008-2009.

1. The Minister of Water and Environmental Affairs

(a)     Report and Financial Statements of the Water Research Commission
    for 2008-2009, including the Report of the Auditor-General on the
    Financial Statements and Performance Information for 2008-2009 [RP
    130-2009].

1. The Minister for Cooperative Governance and Traditional Affairs

 (a)    Report and Financial Statements of the Municipal Demarcation
    Board for 2008-2009, including the Report of the Auditor-General on
    the Financial Statements and Performance Information for 2008-2009
    [RP 207-2009].

1. The Minister of Finance

(a)     Report and Financial Statements of the Corporation for Public
    Deposits 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 Financial Services Board
    for 2008-2009, including the Report of the Auditor-General on the
    Financial Statements and Performance Information for 2008-2009 [RP
    201-2009].


                    WEDNESDAY, 23 SEPTEMBER 2009

TABLINGS

National Assembly and National Council of Provinces

1. The Minister for Cooperative Governance and Traditional Affairs

(a)     Report and Financial Statements of the Commission for the
    Promotion and Protection of the Rights of Cultural, Religious and
    Linguistic Communities   for 2008-2009, including the Report of the
    Auditor-General on the Financial Statements and Performance
    Information for 2008-2009 [RP 212-2009].

1. The Minister of Communications

(a)     Report and Financial Statements of Vote 24 – Department of
    Communications for 2008-2009, including the Report of the Auditor-
    General on the Financial Statements and Performance Information of
    Vote 24 for 2008-2009 [RP 209-2009].


(b)     Report and Financial Statements of the South African Post
    Office (Ltd) for 2008-2009, including the Report of the Independent
    Auditors on the Financial Statements and Performance Information
    for 2008-2009.

1. The Minister of Social Development

(a)     Report and Financial Statements of Vote 16 – Department of
    Social Development for 2008-2009, including the Report of the
    Auditor-General on the Financial Statements and Performance
    Information of Vote 16 for 2008-2009 [RP 225-2009].


(b)     Report and Financial Statements of the National Development
    Agency   for 2008-2009, including the Report of the Auditor-General
    on the Financial Statements and Performance Information for 2008-
    2009 [RP 58-2009].


(c)     Report and Financial Statements of the South African Social
    Security Agency (SASSA) for 2008-2009, including the Report of the
    Auditor-General on the Financial Statements and Performance
    Information for 2008-2009 [RP 29-2009].

1. The Minister of Energy

(a)     Report and Financial Statements of the Electricity Distribution
    Industrial Holdings (Pty) Ltd (EDIH) for 2008-2009, including the
    Report of the Auditor-General on the Financial Statements and
    Performance Information for 2008-2009 [RP 220-2009].

1. The Minister of Mining (a) Report and Financial Statements of the Mine Health and Safety Council (MHSC) for 2008-2009, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2008-2009 [RP 8-2009].

National Council of Provinces

1. The Chairperson

   (a) The President of the Republic submitted the following letter dated 15 September 2009 to the Chairperson of the National Council of Provinces, informing Members of the Council of the extension of the employment of the SA National Defence Force for a service in fulfillment of the International Obligations of the Republic of South Africa towards the Democratic Republic of Congo:

   EXTENSION OF THE EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE
   FORCE FOR A SERVICE IN FULFILLMENT OF THE INTERNATIONAL OBLIGATIONS
   OF THE REPUBLIC OF SOUTH AFRICA TOWARDS THE DEMOCRATIC REPUBLIC OF
   CONGO, TO TRAIN THE DRC ARMED FORCES (FARDC) RAPID REACTION FORCE
   (RRF) FOR THE PERIOD 01 APRIL 2009 TO 31 MARCH 2010
   
   
   This serves to inform the National Council of Provinces that I have
   extended the employment of the South African National Defence Force
   (SANDF) personnel to the Democratic Republic of Congo (DRC), for a
   service in fulfilment of the international obligations of the
   Republic of South Africa towards the Democratic Republic of Congo
   to train the DRC armed forces and the rapid reaction force.
   This employment is authorised in accordance with the provisions of
   section 201(2)(c) of the Constitution of the Republic of South
   Africa, 1996, read with section 93 of the Defence Act, 2002 (Act No
   42 of 2002).
   
   
   Members of the SANDF were employed to train the DRC armed forces
   and rapid reaction force. The employment of these members expired
   on 31 March 2009.
   
   
   The SANDF’s mission in the DRC is not yet completed. The employment
   of the SANDF members is now extended until 31 March 2010.
   
   
   I will communicate this report to members of the National Assembly
   and wish to request that you bring the contents hereof to the
   attention of the National Council of Provinces.
   Regards
   
   
   signed
   J G ZUMA
   PRESIDENT
   
                     FRIDAY, 25 SEPTEMBER 2009
   

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a)     Report and Financial Statements of Parliament of the South
    African Human Rights Commission for 2008-2009, including the Report
    of the Auditor-General on the Financial Statements and Performance
    Information for 2008-2009 [RP 65-2009].

1. The Minister of Finance

(a)     Report and Financial Statements of the South African Revenue
    Service (SARS) for 2008-2009, including the Report of the Auditor-
    General on the Financial Statements and Performance Information for
    2008-2009 [RP 238-2009].

1. The Minister of International Relations and Cooperation

(a)     Report and Financial Statements of Vote 3 – Department of
    Foreign Affairs for 2008-2009, including the Report of the Auditor-
    General on the Financial Statements and Performance Information of
    Vote 3 for 2008-2009.

(b)     Report and Financial Statements of the African Renaissance and
    International Co-operation Fund for 2008-2009, including the Report
    of the Auditor-General on the Financial Statements and Performance
    Information for 2008-2009.

1. The Minister of Police

(a)     Report and Financial Statements of Vote 20 – Independent
    Complaints Directorate (ICD) for 2008-2009, including the Report of
    the Auditor-General on the Financial Statements and Performance
    Information of Vote 20 for 2008-2009 [RP 234-2009].

1. The Minister of Arts and Culture

(a)     Report and Financial Statements of the South African Heritage
    Resources Agency (SAHRA) for 2008-2009, including the Report of the
    Auditor-General on the Financial Statements and Performance
    Information for 2008-2009 [RP 184-2009].

1. The Minister of Energy

 a) Report and Financial Statements of the Central Energy Fund Group of
    Companies (CEF) for 2008-2009, including the Report of the Auditor-
    General and the Independent Auditors on the Financial Statements
    and Performance Information of the Central Energy Fund Group of
    Companies for 2008-2009 [RP 186-2009].

(b)     Report and Financial Statements of the National Energy
    Regulator of South Africa (NERSA) for 2008-2009, including the
    Report of the Auditor-General on the Financial Statements and
    Performance Information for 2008-2009 [RP 177-2009].

(c)     Report and Financial Statements of the South African Nuclear
    Energy Corporation Limited (NECSA) for 2008-2009, including the
    Report of the Auditor-General on the Financial Statements and
    Performance Information for 2008-2009 [RP 141-2009].

1. The Minister of Trade and Industry

(a)     Report and Financial Statements of Vote 32 – Department of
    Trade and Industry for 2008-2009, including the Report of the
    Auditor-General on the Financial Statements and Performance
    Information of Vote 32 for 2008-2009 [RP 18-2009].

National Council of Provinces

1. The Chairperson

 a) Report on the outcome of an Investigation into alleged
    irregularities at Kungwini Local Municipality in terms of section
    106(3) of the Local Government: Municipal Systems Act, 2000 (Act No
    32 of 2000).


    Referred to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration and report.


                      MONDAY, 28 SEPTEMBER 2009

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Agriculture, Forestry and Fisheries

 (a)    Report and Financial Statements of the Agricultural Research
    Council (ARC) for 2008-2009, including the Report of the Auditor-
    General on the Financial Statements and Performance Information for
    2008-2009 [RP 199-2009].

(b)     Report and Financial Statements of the Perishable Products
    Export Control Board (PPECB)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 Vote 23 – Department of
    Agriculture  for 2008-2009, including the Report of the Auditor-
    General on the Financial Statements and Performance Information of
    Vote 23 for 2008-2009 [RP 210-2009].


(d)     Report and Financial Statements of the Onderstepoort Biological
    Products (Ltd) 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 Ncera Farms (Pty)Ltd for
    2008-2009, including the Report of the Independent Auditors on the
    Financial Statements and Performance Information for 2008-2009.

1. The Minister for the Public Service and Administration

(a)     Report and Financial Statements of Vote 8 – Department of
    Public Service and Administration for 2008-2009, including the
    Report of the Auditor-General on the Financial Statements and
    Performance Information of Vote 8 for 2008-2009 [RP 190-2009].


(b)     Report and Financial Statements of the State Information
    Technology Agency (Pty) Ltd (SITA) for 2008-2009, including the
    Report of the Auditor-General on the Financial Statements and
    Performance Information for 2008-2009 [RP 47-2009].

1. The Minister of Mining

(a)     Report and Financial Statements of Vote 28 – Department of
    Minerals and Energy  for 2008-2009, including the Report of the
    Auditor-General on the Financial Statements and Performance
    Information of Vote 28 for 2008-2009 [RP 240-2009].


(b)     Report and Financial Statements of the Mintek Group for 2008-
    2009, including the Report of the Auditor-General on the Financial
    Statements and Performance Information for 2008-2009 [RP 27-2009].


(c)     Report and Financial Statements of the State Diamond Trader for
    2008-2009, including the Report of the Auditor-General on the
    Financial Statements and Performance Information for 2008-2009 [RP
    178-2009].

1. The Minister of Finance

(a)     Report and Financial Statements of the Collective Investment
    Schemes for 2008-2009 [RP 202-2009].


(b)     Report and Financial Statements of the Sasria (Ltd) for 2008-
    2009, including the Report of the Independent Auditors on the
    Financial Statements and Performance Information for 2008-2009.


                     TUESDAY, 29 SEPTEMBER 2009

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Defence and Military Veterans

(a)     Report and Financial Statements of Vote 19 – Department of
    Defence for 2008-2009, including the Report of the Auditor-General
    on the Financial Statements and Performance Information of Vote 19
    for 2008-2009 [RP 193-2009].


(b)     Report and Financial Statements of the Castle Control Board for
    2008-2009, including the Report of the Auditor-General on the
    Financial Statements and Performance Information for 2008-2009 [RP
    165-2009].

1. The Minister of Public Enterprises

 (a)    Report and Financial Statements of the South African Forestry
    Company (Ltd) 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 South African Airways
    (Pty) (Ltd) for 2008-2009, including the Report of the Independent
    Auditors on the Financial Statements and Performance Information
    for 2008-2009.

1. The Minister of Public Works

 (a)    Report and Financial Statements of Vote 5 – Department of Public
    Works for 2008-2009, including the Report of the Auditor-General on
    the Financial Statements and Performance Information of Vote 5 for
    2008-2009.


(b)     Report and Financial Statements of the Independent Development
    Trust (IDT) for 2008-2009, including the Report of the Auditor-
    General on the Financial Statements and Performance Information for
    2008-2009 [RP 200-2009].

1. The Minister of Human Settlements

(a)     Report and Financial Statements of Vote 26 – Department of
    Housing for 2008-2009, including the Report of the Auditor-General
    on the Financial Statements and Performance Information of Vote 26
    for 2008-2009 [RP 136-2009].

1. The Minister of Transport (a) Report and Financial Statements of the Airports Company South Africa (Ltd) (ACSA) 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 Air Traffic and
    Navigation Services Company Limited (ATNS) for 2008-2009, including
    the Report of the Independent Auditors on the Financial Statements
    and Performance Information for 2008-2009.


(c)     Reports and Financial Statements of the Ports Regulator of
    South Africa  for 2007-2008 and 2008-2009, including the Reports of
    the Auditor-General on the Financial Statements and Performance
    Information for 2007-2008 and 2008-2009.


(d)     Report and Financial Statements of the Railway Safety Regulator
    (RSR) for 2008-2009, including the Report of the Auditor-General on
    the Financial Statements and Performance Information for 2008-2009
    [RP 158-2009].


(e)     Report of the Regulating Committee of the Airports Company of
    South Africa and Air Traffic and Navigation Services Company for
    2008-2009.


(f)     Report and Financial Statements of the South African National
    Roads Agency Limited for 2008-2009, including the Report of the
    Auditor-General on the Financial Statements and Performance
    Information for 2008-2009 [RP 145-2009].


(g)     Report and Financial Statements of the Road Traffic Management
    Corporation for 2008-2009, including the Report of the Auditor-
    General on the Financial Statements and Performance Information for
    2008-2009 [RP 170-2009].


(h)     Report and Financial Statements of the South African Search and
    Rescue Organisation for 2008-2009.


(i)     Report and Financial Statements of the Urban Transport Fund for
    2008-2009, including the Report of the Auditor-General on the
    Financial Statements and Performance Information for 2008-2009 [RP
    217-2009].
(j)     Report and Financial Statements of the South African Civil
    Aviation Authority (SACAA) for 2008-2009, including the Report of
    the Auditor-General on the Financial Statements and Performance
    Information for 2008-2009.

1. The Minister of Trade and Industry

(a)     Report and Financial Statements of the Support Programme for
    Industrial Innovation (SPII) 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 Competition Commission
    for 2008-2009, including the Report of the Auditor-General on the
    Financial Statements and Performance Information for 2008-2009 [RP
    53-2009].

1. The Minister of Sport and Recreation (a) Report and Financial Statements of Vote 17 – Department of Sport and Recreation South Africa for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 17 for 2008-2009 [RP 152-2009].

National Council of Provinces

1. The Chairperson

 a) Legislative Proposal with regard to the amendment of the Municipal
    Systems Act, 2000 (Act No 32 of 2000) (Hon D B Feldman, Permanent
    Delegate to the National Council of Provinces).

    Referred to the Committee on Petitions and Members’ Legislative
    Proposals for consideration and report.


                    WEDNESDAY, 30 SEPTEMBER 2009

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Assent by President in respect of Bills

   1) Taxation Laws Amendment Bill [B 10 – 2009] – Act No 17 of 2009 (assented to and signed by President on 29 September 2009).

   2) Taxation Laws Second Amendment Bill [B 11 – 2009] – Act No 18 of 2009 (assented to and signed by President on 29 September 2009).

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Water and Environmental Affairs

(a)     Report and Financial Statements of Vote 34 – Department of
    Water Affairs and Forestry for 2008-2009, including the Report of
    the Auditor-General on the Financial Statements and Performance
    Information of Vote 34 for 2008-2009 [RP 163-2009].

 (b)    Report and Financial Statements of the South African National
    Biodiversity Institute for 2008-2009, including the Report of the
    Auditor-General on the Financial Statements and Performance
    Information for 2008-2009 [RP 165-2009].

(c)     Report and Financial Statements of the South African National
    Parks (SANparks ) for 2008-2009, including the Report of the
    Auditor-General on the Financial Statements and Performance
    Information for 2008-2009 [RP 148-2009].

1. The Minister of Science and Technology (a) Report and Financial Statements of Vote 31 – Department of Science and Technology for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 31 for 2008-2009 [RP 236-2009].

2. The Minister of Sport and Recreation

(a)     Report and Financial Statements of Boxing South Africa for 2008-
    2009, including the Report of the Auditor-General on the Financial
    Statements and Performance Information for 2008-2009.

1. The Minister of Transport

(a)     Report and Financial Statements of the Road Accident Fund for
    2008-2009, including the Report of the Auditor-General on the
    Financial Statements and Performance Information for 2008-2009 [RP
    221-2009].


(b)     Report and Financial Statements of the Passenger Rail Agency of
    South Africa (PRASA) for 2008-2009, including the Report of the
    Auditor-General on the Financial Statements and Performance
    Information for 2008-2009 [RP 157-2009].

1. The Minister of Justice and Constitutional Development

 (a)    Report and Financial Statements of Vote 21 – Department of
    Justice and Constitutional Development for 2008-2009, including the
    Report of the Auditor-General on the Financial Statements and
    Performance Information of Vote 21 for 2008-2009 [RP 189-2009]. 6.    The Minister of Trade and Industry

(a)     Report and Financial Statements of the Companies and
    Intellectual Property Registration Office (CIPRO) for 2008-2009,
    including the Report of the Auditor-General on the Financial
    Statements and Performance Information for 2008-2009 [RP 115-2009].

1. The Minister of Agriculture, Forestry and Fisheries

(a)     Report and Financial Statements of the National Agricultural
    Marketing Council (NAMC) for 2008-2009, including the Report of the
    Auditor-General on the Financial Statements and Performance
    Information for 2008-2009 [RP 192-2009].

1. The Minister of Arts and Culture

(a)     Report and Financial Statements of the Department of Arts and
    Culture 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 Windybrow Centre for the
    Arts for 2008-2009, including the Report of the Auditor-General on
    the Financial Statements and Performance Information for 2008-2009
    [RP 192-2009].


(c)     Report and Financial Statements of the National Heritage
    Council for 2008-2009, including the Report of the Auditor-General
    on the Financial Statements and Performance Information for 2008-
    2009 [RP 242-2009]. 9.    The Minister of Public Works

(a)     Report and Financial Statements of the Construction Industry
    Development Board (CIDB) for 2008-2009, including the Report of the
    Auditor-General on the Financial Statements and Performance
    Information for 2008-2009 [RP 233-2009].
(b)     Report and Financial Statements of Agrément South Africa (ASA)
    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 Council for the Built
    Environment (CBE) for 2008-2009, including the Report of the
    Auditor-General on the Financial Statements and Performance
    Information for 2008-2009.

1. The Minister of Finance

(a)     Report and Financial Statements of Vote 7 – National Treasury
    for 2008-2009, including the Report of the Auditor-General on the
    Financial Statements and Performance Information of Vote 7 for 2008-
    2009 [RP 198-2009].

(b)     Report and Financial Statements of the Independent Regulatory
    Board for Auditors for 2008-2009, including the Report of the
    Auditor-General on the Financial Statements and Performance
    Information for 2008-2009 [RP 156-2009].


(c)     Report and Financial Statements of the Office of the Pension
    Funds Adjudicator  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 Financial Intelligence
    Centre for 2008-2009, including the Report of the Auditor-General
    on the Financial Statements and Performance Information for 2008-
    2009 [RP 162-2009].

1. The Minister of Health

(a)     Report and Financial Statements of Vote 14 – Department of
    Health for 2008-2009, including the Report of the Auditor-General
    on the Financial Statements and Performance Information of Vote 14
    for 2008-2009 [RP 169-2009].


(b)     Report and Financial Statements of the Compensation
    Commissioner for Occupational Diseases in Mines and Works 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 South African Medical
    Research Council (MRC) for  2008-2009, including the Report of the
    Auditor-General on the Financial Statements and Performance
    Information for 2008-2009 [RP 174-2009].

1. The Minister of Communications

(a)     Report and Financial Statements of the Universal Service and
    Access Agency of South Africa (USAASA) for 2008-2009, including the
    Reports of the Auditor-General on the Financial Statements of
    Universal Service and Access Agency of South Africa (USAASA) and
    the Universal Service and Access Fund (USAF) for 2008-2009 [RP 222-
    2009 ].

1. The Minister of Home Affairs

 a) Report and Financial Statements of Vote 4 – Department of Home
    Affairs for 2008-2009, including the Report of the Auditor-General
    on the Financial Statements and Performance Information of Vote 4
    for 2008-2009 [RP 239-2009].

1. The Minister in The Presidency for National Planning

(a)     Report and Financial Statements of Vote 11 - Statistics South
    Africa for 2008-2009, including the Report of the Auditor-General
    on the Financial Statements and Performance Information of Vote 11
    for 2008-2009 [RP 211-2009].

1. The Minister for Cooperative Governance and Traditional Affairs

(a)     Report and Financial Statements of Vote 29 – Department of
    Provincial and Local Government for 2008-2009, including the Report
    of the Auditor-General on the Financial Statements and Performance
    Information of Vote 29 for 2008-2009.

                       MONDAY, 5 OCTOBER 2009

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a)     Report and Financial Statements of the Electoral Commission for
    2008-2009, including the Report of the Auditor-General on the
    Financial Statements and Performance Information for 2008-2009 [RP
    60-2009].

                      WEDNESDAY, 7 OCTOBER 2009

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Correctional Services

(a)     Report and Financial Statements of the Judicial Inspectorate
    for Correctional Services for 2008-2009 [RP 132-2009].

1. The Minister of Trade and Industry

(a)     Strategic Plan for the Companies and Intellectual Property
    Registration Office (CIPRO) for 2009/10 – 2011/12.
                      THURSDAY, 8 OCTOBER 2009

ANNOUNCEMENTS

National Council of Provinces

The Chairperson

1. Referral to Committees of papers tabled

(1)     The following papers are referred to the Select Committee on
    Security and Constitutional Development for consideration and
    report:


    (a)      Report on the upliftment of the provisional suspension of
       a magistrate:  Ms A Bacharam, an additional magistrate at
       Scottburgh.

    (b)      Report on the provisional suspension of a magistrate: Mrs
       N E Ndamase, an additional magistrate at Pretoria in terms of
       section 13(3)(c) of the Magistrates Act, 1993 (Act No 90 of
       1993).

    (c)      Report on the provisional suspension of a magistrate: Mr C
       M Dumani, a magistrate at Graaff Reinet in terms of section
       13(3)(c) of the Magistrates Act, 1993 (Act No 90 of 1993).

TABLINGS National Assembly and National Council of Provinces

1. The Minister of Home Affairs

(a)     Report and Financial Statements of Film and  Publication  Board
    for 2008-2009, including the Report of the Auditor-General  on  the
    Financial Statements and Performance Information for 2008-2009  [RP
    224-2009].

1. The Minister of Finance

(a)     Government Notice No.892 published in Government Gazette No
    32546 dated 31 August 2009: Determination of interest rate for
    purposes of paragraph (a) of the definition of “Official rate of
    interest” in paragraph 1 of the Seventh Schedule, in terms of the
    Income Tax Act, 1962 (Act No 58 of 1962).


(b)     Government Notice No R.918 published in Government Gazette No
    32582 dated 25 September 2009: Exchange Control Regulations:
    Cancellation of appointment of an authorised dealer in foreign
    exchange:  Commerzbank Aktiengesellschaft in terms of the Exchange
    Control Regulations.


(c)     Report and Financial Statements of the Bank Supervision
    Department of the South African Reserve Bank for 2008.

COMMITTEE REPORTS

National Council of Provinces

CREDA INSERT – TO91008e-insert1 – PAGES 959-978

                       FRIDAY, 9 OCTOBER 2009 TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

(a)     Report and Financial Statements of the South African Reserve
    Bank for 2008-2009, including the Report of the Independent
    Auditors on the Financial Statements for 2008-2009.

(b)     Address of the Governor of the South African Reserve Bank – 17
    September 2009.

Correction: The following two entries replace the tabling published under the name of the Minister of Energy in the Announcements, Tablings and Committee Reports (ATC) of 31 August 2009, page 622:

1. The Minister of Energy

(a)     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].

1. The Minister of Mining

(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].

                       MONDAY, 12 OCTOBER 2009

COMMITTEE REPORTS

National Council of Provinces

1. OVERSIGHT VISIT REPORT OF THE SELECT COMMITTEE ON CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS TO ALFRED NZO DISTRICT MUNICIPALITY – 19 AUGUST 2009

2. Background and Overview 1.1 The Select Committee on Co-operative Governance and Traditional Affairs, having considered the request by the National Council of Provinces (NCOP) to consider and report on the interventions notices in terms of section 139 (1) (b) of the Constitution in Alfred Nzo District Municipality, reports as follows:

1.2 In terms of section 139(1)(b), when a municipality cannot or does not fulfil an executive obligation in terms of the Constitution or legislation, the relevant provincial executive may intervene by taking any appropriate steps to ensure the fulfilment of that obligation, including assuming responsibility for the relevant obligation in that municipality.

1.3 In terms of NCOP rule 101, the Office of the Chairperson of the NCOP referred the notice of intervention in the affairs of Alfred Nzo District Municipality by the MEC for Local Government and Traditional Affairs to the Committee for consideration and reporting. On 5 August 2009, the Committee took a decision during the proceedings of its meeting to conduct an oversight visit to the above-mentioned Municipality during 19 August 2009.

1. Objective of the Oversight Visits 2.1 The main objectives of the oversight visit were to determine whether procedural requirements have been met and also to verify whether the provincial executive has used its discretion appropriately before the Committee can approve/disapprove the intervention. Through the deliberations and interaction with internal and external stakeholders, the Committee wanted to determine how the provincial executive intends to restore the fulfilment of the relevant obligations and ensure fulfilment in the long-term. The aim being to ensure intergovernmental checks and balances aimed at guarding the integrity and efficiency of the intervention process.

2. Composition of the Delegation 3.1 The Committee Delegation composed of the following Members of Parliament and officials: Hon MH Mokgobi, Limpopo (ANC); Hon AG Matila, Gauteng (ANC); Hon A Watson, Mpumalanga (DA); Mr TM Manele, Committee Secretary (Committee Section); Mr N Mfuku, Content Adviser (Committee Section); Mr M Vumazonke, Administration Assistant (Committee Section); Mr D Mokoena, Committee Researcher (Research Unit); Mr M Mbebe, Procedural Officer, (NCOP) and Adv BV Momoti, Legal Adviser (NCOP).

3. Introduction

4.1 On 28 April 2009 the Eastern Cape MEC for Local Government and Traditional Affairs resolved to invoke section 139 (1)(a) of the Constitution at Alfred Nzo District Municipality. Subsequently, the Office of the Chairperson of the NCOP was informed of the Provincial Executive Council (PEC) decision to intervene in the Municipality.

4.2 The main issues that were identified by the PEC in the Municipality related to critical challenges in the areas of financial; administrative; political and institutional instability; vacant position of Municipal Manager; Chief Financial Officer and Duty Chief Financial Officer; inability to pay employees’ salaries and councillors’ allowances; service delivery related problems; lack of proper effective billing system and low collection rate of service charges and certain officials of the Municipality not adhering to the municipal supply chain management policy.

1. Meeting at Alfred Nzo District Municipality

5.1 On the 19 August 2009, the Committee Delegation had interactive engagements with the internal and external stakeholders of the Alfred Nzo District Municipality. The main internal stakeholders the Delegation interacted with at the Municipality included the Speaker, Mayor, Chief-Whip, the Administrator and representatives of Organised Labour. The main external stakeholders the Delegation interacted with included representatives from the South African Local Government Association (SALGA), the business and community forums and non -governmental organizations.

5.2 For the purpose of this report, the submissions made by both internal and external stakeholders are structured on the basis of the five key performance areas of local government which are: Municipal Transformation; Basic Service Delivery; Local Economic Development; Municipal Financial Viability and Management as well as Good Governance and Public Participation.

(A). Municipal Transformation and Organisational Development

5.3 Municipal Council: The submissions made by the Speaker and Mayor remarked on the contract of the Municipal Manager which has expired last year December 2008, meanwhile the CFO left the Municipality during allegations of financial mismanagement and maladministration. These were critical officials who were supposed to be investigated on the missing of funds. In addition, the District did not have three senior officials and only had one senior official in Corporate Services. However, the position of the CFO has been filled by two senior managers, and the position for the other two senior managers has already been advertised. The District has failed to find a suitable candidate for the position of Municipal Manager and has decided on head-hunting. This was after they realised that the rural nature of the District, which had no potential to attract highly qualified and capable incumbent for the position. According to the Executive Mayor, a request was made to the Department of Local Government and Traditional Affairs in line with the provisions of Section 154 of the Constitution, to assist with the filling of vacancies of the Municipal Manager and CFO.

5.4 The skills shortage in the District was a concern due the rural nature of the District which is unable to attract skilled workers at all levels. This situation was also exacerbated by the grading capacity assessment of the Municipality which it inherited from its locals. The highest graded local municipality is at grade 3, which according to the District provided very low salaries. It is due to this fact again that the District was unable attract highly skilled workers. 5.5 Caretaker Municipal Manager: He indicated that the Municipality has experienced severe performance deficiencies over a long period of time, especially in its administration, technical and corporate services functions. These deficiencies have resulted in failures in financial controls; lack of legal compliance and as a result service delivery was compromised. By early 2009, the situation had become critical and it required an urgent and extensive but carefully considered intervention. In April 2009, Mr Thandolwethu Tubane was appointed as a Caretaker Municipal Manager and prepared a turn-around strategy to address the shortcomings. The turn-around strategy seeks to address performance and financial problem that is sufficiently serious and sustained, in order the Municipality could benefit from a financial recovery plan.

5.6 The main transformation and organisational development challenges highlighted in the Caretaker Municipal Manager’s report related to complete lack of performance management; lack of accountability on the part of senior and middle managers; lack of systems’ controls in general; lack of supervision and management of staff and the lack of desire to enforce discipline on staff; outstanding number of disciplinary matters which dated back from 2007. Based on these challenges, the Caretaker Municipal Manager has turned around the situation through the following:

  5.6.1 Review of organizational structure and human resources policies
       was underway in order to identify inefficiencies, improve
       performance and the use of municipal resources.
  5.6.2 Recruitment of competent people for critical positions to fill
       critical vacant positions (Municipal Manager; HoD for Technical
       Services; PMU Programme Managers; HoD Community Services).
  5.6.3 Development of a human resource developmental plan that includes
       elements on equity, workplace skills and performance management
       systems.
  5.6.4 Finalising of outstanding disciplinary matters and disputes that
       may be raised by the forensic audit.
  5.6.5 Establishing a record management system and appropriate IT and
       other systems for the effective management of all the municipal
       records.
  5.6.6 Developing an indigent register and conduct a survey of indigent
       people and their needs.

5.7 Organized Labour: During the engagement with internal stakeholders such as the representatives of SAMWU, concerns were raised about the Council approved orgonogram without the consultation of the labour union. Furthermore, there was no working relationship between labour and management, as a result workers were demoralised because of alleged cases of nepotism, corruption and mismanagement. Despite these challenges, SAMWU commended the changes that have been brought through the arrival of the Caretaker Municipal Manager.

5.8 SALGA: The Association remarked that the implementation and application of section 139 of the Constitution in the municipalities in the Province was not properly consulted by the MEC, with the exception of Alfred Nzo and Koukamma Municipalities. This was exacerbated by poor coordination and consultation among government sector departments. It was also noted that the District was currently graded equally with its locals, hence the Association proposed that the District Municipality be graded differently from its local municipalities.

(B). Basic Service Delivery 5.9 Municipal Council: The District was experiencing serious challenges with the supply of portable water and connection of sanitation infrastructure. The infrastructure required more grant allocation to be upgraded, and the two grants provided for by Government did not provide enough funds to kickstart the infrastructure roll-out programme. In addition, the District has complained that the formula used for the distribution of local government equitable share was problematic. They alleged that the formula did not take into account issues of service delivery and infrastructure backlog that existed. The equitable share was also being used for the roll-out of the indigent policy which was not budgeted for. This remained a serious challenge for many municipalities in the country, which includes municipalities in KwaZulu-Natal, North West, Mpumalanga, Free State, Limpopo and Northern Cape who have also complained about the formula allocation to subsided poor municipalities.

5.10 Caretaker Municipal Manager: He indicated that an integrated human settlement plan has been developed and adopted by the council in order to: 5.10.1 Improve refurbish water service infrastructure; 5.10.2 Acquire competencies to properly manage the water schemes;

  5.10.3      Improve revenue collection;
  5.10.4      Recruit the Unit Manager for Performance Management and
         the Development of housing sector plan;
  5.10.5      Develop systems and procedures for technical projects;
  5.10.6 Review LED strategy; and
  5.10.7      Develop an internal and external communication plan and
         conducting IDP budget road-shows.

(C). Local Economic Development 5.11 There were no economic activities in the area and people were moving away from the District to find employment elsewhere. The District was very rural in nature and needed development that will stimulate economic activities in keeping people employed and boosting the economy of the District. There was also a need for empowering the youth to open businesses, provision for financial assistance, development of economic activities and economic hubs. All these depend on the well functioning and well built infrastructure of the District. At present, the District has a challenge in providing water, proper sanitation, proper roads, and consistent and reliable electricity supply. Without this infrastructure, the economy of the District is far from reaching its high performance level and contributing positively in satisfactory employment creation.

(D). Municipal Financial Viability and Management

5.12 Municipal Council: The Municipal Council acknowledged cash-flow problems confronting the Municipality and the misalignment of the budget with the IDP. The Council stated that the section 71 (MFMA) monthly reports on the statement of the municipal budget submitted by the then accounting officer were incorrect. The political oversight on the administration, implementation of programmes and projects in the District revealed some deficiencies. A forensic investigation that was instituted based on the mandate of the Council exposed that there was slow delivery of projects and that procurement regulations were not complied with. However, the Council was not satisfied with the forensic report since the terms of reference were revised without their consent. The report also revealed payment to ghost workers.

5.13 The Council reported that an estimated amount of R28 million could not be confirmed in the section 71 report, and the funds were reported as missing. As a result, 10 officials were arrested from the Project Management Unit and Finance including two community members. Furthermore, it has been identified that there was an unusual financial practice of tampering with budget votes. As a result, officials were paid salaries out of the Municipal Infrastructure Grant (MIG). In overturning this practice, the Council decided to reverse the MIG funds from the Council discretionary fund.

5.14 Caretaker Municipal Manager: Some of the progress in respect of financial viability and management reported by the administrator included: 5.14.1 Revision of the organogram in order to improve service delivery and general performance as well as the usage of resources adopted by the Council in consultation with staff, unions and labour forum. 5.14.2 Revision of the supply chain management policy which included reviewing of standard tender documents; effectiveness of committees, procurement plans; establishment of database of service providers and the development of a fraud prevention plan. 5.14.3 Developing a municipal performance report that deals with monitoring and reviewing of municipal financial performance every six month, in consultation with the Municipal Council. 5.14.4 Preparation of the 2010/2011 financial year budget, as well as reviewing the budget process of the Municipality to ensure alignment to the Integrated Developmental Plan (IDP). 5.14.5 Preparation of a draft Service Delivery and Budget Implementation Plan (SDBIP) in line with National Treasury Guidelines. This also encapsulates the development of performance agreements aligned to the SDBIP’s and tabled for Council input. 5.14.6 Reviewing and development of draft policies including credit control and debt collection; asset management; budget and indigent policy; investment and cash management as well as development of an asset register. 5.14.7 Development and implementation of an MFMA compliance checklist. 5.14.8 Review and manage all grants according to conditions and payment schedules. 5.14.9 Investigation of municipal loans granted to staff and municipal councillors. 5.14.10 Implementation of a forensic investigation to identify and verify the extent and causes of previous financial mismanagement. The Special Investigating Unit (SIU) was intending to visit the Municipality during 20 August 2009, in order to establish the root cause of certain malpractices reported within the Municipality.

(E). Good Governance and Public Participation

5.15 Municipal Council: The Council has applauded the assistance from community members in exposing those officials who were abusing public funds and implicated in the forensic audit. On the other hand, a number of communities do not have signal aerials and will not have access to the 2010 FIFA World Cup which will be taking place in the country. This has been raised as a serious concern given the economic nature of the area and lack of affordability by members of the community to go and watch the games in the stadiums which will be across the country. The Executive Mayor has appealed for assistance in terms assisting the community to have access to an improved aerial signal.

5.16 Farmers Union of Alfred Nzo District Municipality: Public participation was a major shortcoming of the Municipality. Commonality on the issues raised pertained to decisions taken without involvement of the community; lack of transparency in issues of engagement with the community; Councillors not reporting or doing their constituency role. The Farmers Union further raised concerns about distance challenges, for example, Ward 1 was in Matatiele and Ward 4 being at the end of Umzimvubu. That black farmers were not consulted or recognized by the Municipality.

5.17 Disabled People District Forum: The Forum noted that the invention should assist in building in-house capacity on a continuous basis. Furthermore, the Forum raised concerns on the way the Municipality was communicating to its locals. It was proposed that communication strategies should be reviewed and improved.

1. Committee Observations and Opinion

6.1 The Committee Delegation observed that there were critical challenges experienced by the Municipality which related to critical vacant positions; serious concerns on MFMA and regulation’s compliance (e.g SCM regulation); financial mismanagement and inadequate financial controls; and the need for technical and financial assistance from the Provincial Department of Local Government and Traditional Affairs and National Treasury.

6.2 During the oversight visit to the District, the Committee Delegation noted that public education on the work of Government programmes was necessary. This would clarify the role confusion among stakeholders and therefore enhance and expedite service delivery. This was a result of other shortcomings raised which were beyond the scope of local government.

6.3 There was doubt on the existence and functionality of ward committee including the functionality of community development workers in the District. As a result, residence has complained of lack of consultation by the Municipality and dissemination of information.

6.4 The Municipality was struggling to raise enough funds to pay for their operational costs. According to the MEC, the Municipality was unable to pay employees salaries and allowances of Councillors. The Municipality was not doing much to educate and enforce payment of service by the public, The Municipal MFMA and the Municipal Property Rates Act, 2004 have been introduced to provide generally the municipalities and specifically, Alfred Nzo District Municipality with guidelines for effective system to maximise the revenue potential and the effective and transparent management of their finances. The Delegation is of the opinion that sufficient and effective management of available funding at a municipal level is essential to ensuring delivery on key developmental projects and plans. Financial viability is the key indicator towards sustainable service delivery in the medium to longer term.

6.5 The Municipality has failed a number of times to submit annual financial statements as required by the provisions of Section 126 of the MFMA. The Municipality has been submitting incorrect financial reports in an attempt to comply with Section 71 of the MFMA.

1. Cross-Cutting Matters

7.1 The Committee Delegation noted during the oversight visit a number of cross-cutting matters that goes beyond the scope of local government and has critical bearing on service delivery in the District, and that this be referred to the relevant portfolio, committee or department: 6.4.1 Roll-out of electricity has stopped since 2002 and the District was receiving electricity from another province, KwaZulu-Natal – Department of Energy and ESKOM. 6.4.2 Insufficient local government equitable share allocation to address backlogs on infrastructure – Department of Co-operative Governance and Traditional Affairs to review its formula allocation to poor municipalities.

1. Acknowledgement

8.1 The Committee Delegation acknowledged the varied contributions of the parliamentary staff who participated in the oversight visit in their various capacities.

1. Recommendations

9.1 Having conducted the oversight visit to Alfred Nzo District Municipality and interacted with internal and external stakeholders, the Select Committee on Co-operative Governance and Traditional Affairs recommends as follows:

  9.1   National Council of Provinces approves the intervention as
       issued by the Provincial Executive Council in terms of section
       139 (1) (b) of the Constitution.
  9.2   That National Council of Provinces endorses the six months
       period of intervention, as stipulated in the intervention notice
       tabled by the Eastern Cape MEC for Local Government and
       Traditional Affairs.
  9.3   The Caretaker Municipal Manager should urgently ensure that all
       senior and critical positions in the District are filled.
  9.4   The MEC to table quarterly progress report to the NCOP on the
       status of interventions in the Municipality, including
       challenges encountered.
  9.5   The South African Local Government Association in co-operation
       with Local Government Sector Education and Training Authority to
       facilitate training and capacity building for Municipal
       Councillors; to further deepen their understanding of the
       oversight role; legal framework and policies that govern the
       activities of the Municipality.
  9.6   The Select Committee on Co-operative Governance and Traditional
       Affairs in co-operation with the relevant Committee in the
       Eastern Cape Provincial Legislature, to conduct a follow-up
       visit to the Municipality after the intervention has ended.

Report to be considered.

1. OVERSIGHT VISIT REPORT OF THE SELECT COMMITTEE ON CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS TO KOUKAMMA LOCAL MUNICIPALITY – 18 AUGUST 2009

2. Background and Overview 1.1 The Select Committee on Co-operative Governance and Traditional Affairs,having considered the request by the National Council of Provinces (NCOP) to consider and report on the interventions notices in terms of section 139 (1) (b) of the Constitution in Koukamma Local Municipality, reports as follows:

1.2 In terms of section 139(1)(b), when a municipality cannot or does not fulfil an executive obligation in terms of the Constitution or legislation, the relevant provincial executive may intervene by taking any appropriate steps to ensure the fulfilment of that obligation, including assuming responsibility for the relevant obligation in that municipality.

1.3 In terms of NCOP rule 101, the Office of the Chairperson of the NCOP referred the notice of intervention in the affairs of Koukamma Local Municipality by the MEC for Local Government and Traditional Affairs to the Committee for consideration and reporting. On 5 August 2009, the Committee took a decision during the proceedings of its meeting to conduct an oversight visit to the above-mentioned Municipality during 18 August 2009.

1. Objective of the Oversight Visits 2.1 The main objectives of the oversight visit were to determine whether procedural requirements have been met and also to verify whether the provincial executive has used its discretion appropriately before the Committee can approve/disapprove the intervention. Through the deliberations and interaction with internal and external stakeholders, the Committee wanted to determine how the provincial executive intends to restore the fulfilment of the relevant obligations and ensure fulfilment in the long-term. The aim being to ensure intergovernmental checks and balances aimed at guarding the integrity and efficiency of the intervention process.

2. Composition of the Delegation 3.1 The Committee Delegation composed of the following Members of Parliament and officials: Hon MH Mokgobi, Limpopo (ANC); Hon AG Matila, Gauteng (ANC); Hon A Watson, Mpumalanga (DA); Mr TM Manele, Committee Secretary (Committee Section); Mr N Mfuku, Content Adviser (Committee Section); Mr M Vumazonke, Administration Assistant (Committee Section); Mr D Mokoena, Committee Researcher (Research Unit); Mr M Mbebe, Procedural Officer, (NCOP) and Adv BV Momoti, Legal Adviser (NCOP).

3. Introduction 4.1 On 28 April 2009 the Eastern Cape MEC for Local Government and Traditional Affairs resolved to invoke section 139 (1)(b) of the Constitution at Koukamma Local Municipality. Subsequently, the Office of the Chairperson of the NCOP was informed of the Provincial Executive Council (PEC) decision to intervene in the Municipality.

4.2 The main issues that were identified by the PEC related to the failure to comply by the Municipality with section 20(1)(a) of the Health Act (Act No. 63 of 1977); which requires that every local authority to take lawful, necessary and reasonably, practical measures to maintain its locality at all times in a hygienic clean condition. There was also a breach of accounting procedures in terms of Circular 10 of 2007 of the Municipal Finance Management Act (MFMA); failure to implement recommendations and support programmes by the Provincial and National Departments of Local Government; lack of reliable database of indigent people; failure to submit annual financial statements for audit purpose as required by section 126 of the MFMA; lack of complete asset management policy/system and strategy; absence of proper financial and internal controls mechanisms as well as poor financial management which included cases of underspending of the Municipal Infrastructure Grant (MIG).

1. Meeting at Koukamma Local Municipality 5.1 On the 18 August 2009, the Committee Delegation had interactive engagements with the internal and external stakeholders of the Koukamma Local Municipality. The main internal stakeholders the Delegation interacted with in the Municipality included the Speaker, Mayor, Chief Whip, Ward Committee Members and Councillors, the Administrator and representatives of Organised Labour. The main external stakeholders the Delegation interacted with included the business and community forums and non governmental organizations.

5.2 For the purpose of this report, the submissions made by both internal and external stakeholders are structured based on the five key performance areas of local government which are: Municipal Transformation; Basic Service Delivery; Local Economic Development; Municipal Financial Viability and Management as well as Good Governance and Public Participation.

(A). Municipal Transformation and Organisational Development

5.3 Municipal Council: The submissions made by the Speaker and Mayor indicated that the Municipality initiated the process of the intervention in its affairs by the PEC of the Eastern Cape. Some of the intervention progress highlighted, included the appointment Mr. Louis Scheepers by the MEC for Local Government and Traditional Affairs as an Administrator to assume responsibilities related to financial management, corporate services, infrastructure development and disaster management and public participation. Some of the internal developments since the deployment of staff from Provincial Department of Local Government and Traditional Affairs highlighted in the report, included the auditing of all existing municipal policies and evaluation of their relevance. This process entails the development of new rules of order, registry of delegation and legal compliance.

5.4 Administrator: Some of the organisational development challenges indicated in the report pertained to administrative leanness; indefinite sick leave and absenteeism since June 2008 of the Corporate Support Services Director; lack of support staff to committee services; lack of Council mail policy; and lack of record management system and disarray of general administration functions; redesign of organisational structure in order to be aligned key performance areas of the Integrated Development Planning (IDP) and absence of key management staff (i.e. Municipal Manager, Strategic Director and Corporate Support Services). Lastly, there was a challenge on the implementation of salary wage agreement.

5.5 Organized Labour: During the engagements with internal stakeholders such as the representatives of organized labour and members of ward committee, concerns were raised related to transformation and organisational development. The major concern raised by South African Municipal Workers Union (SAMWU) pertained to the non-implementation of adopted institutional policies, lack of staff training and proper institutional plan with regard to service delivery and performance contract. The major concern raised by the members of the ward committee pertained to the recruitment and selection of unqualified personnel in the capacity of Chief Financial Officer to perform financial management responsibilities and the non- functioning of the Labour Forum.

1. Business Chamber, Chamber of Commerce, Residence Association, Women In- Move and Vuka Uyibambe Youth Development Forum: The issues raised related to the municipal transformation and organisational development, were it was acknowledged that the Administrator has brought normality in the functioning of the Municipality. However, reservations were also raised on the dual responsibilities of Mr Louis Scheepers as an Administrator and Acting Municipal Manager. The main thrust was on reporting and being accountable to the same Municipal Council that was responsible for the inherent challenges of the Municipality.

(B). Basic Service delivery

5.7 Municipal Council: The key service delivery challenges highlighted in the Mayoral Committee report related to huge infrastructure backlogs (ageing infrastructure, repairs, maintenance and rehabilitation), Hands-on technical support in Koukamma was being temporarily backed up by the DBSA staff (Engineers and Young Professionals). Engineers have also been deployed by the Department of Co-operative Governance and Traditional Affairs and USAID to support the bucket eradication programme. Despite the indicated challenges, the Mayoral Committee reported progress made in respect of the functionality of Project Management Unit (PMU), approval of business plan and expenditure of MIG and projects that were water and sanitation related, The current service delivery plan addressed challenges on Roads, Water, Sanitation, Electricity and Housing.

5.8 The Municipal Council further reported positive feedback from communities and sectors since the implementation of infrastructure projects. The bulk infrastructure of Koukamma is being attended and addressed through the MIG projects. It was reported that DBSA Board approved R10 million for drought relief to alleviate the impact of the drought in Koukamma jurisdiction. The intervention immediate results included clean water delivery to communities; drilling and commissioning of boreholes and appointment of a team to repair leaks and undertake urgent repairs to reticulation and other technical problems. The Municipal Council has also appointed a Town Planner to deal with the numerous complaints about land-use and rezoning applications. It is hoped that this would add the necessary and much needed revenue to the municipal reserves.

5.9 Organized Labour, Ward Committees and Residence Association: During the engagements with stakeholders, major concerns were raised pertaining to service delivery. The main dissatisfactions raised by the organised labour related to the lack of proper municipal plan with regard to service delivery. The residence association raised concerns pertaining to non-payment of service delivery rates and degradation of service delivery infrastructure. However, the residence association acknowledged to the Committee of the flood relief assistance given to them, which has brought much relief. The major concerns raised by the members of ward committee was with regard to the blocking of housing projects, poor payments of basic services such water, poor quality toilets installed, electricity and waste collection due to incorrect billing accounts prepared by the municipal officials.

(C). Local Economic Development

5.10 Women In-Move and Vuka Uyibambe Youth Development Forum: The concerns raised by the stakeholders related to the lack of business opportunities, lack of equity in the awarding of municipal tenders, and lack of economic financial support to SMME’s and non-functionality of Local Economic Development Unit in the Municipality.

(D). Municipal Financial Viability and Management

5.11 Municipal Council: Based on the report presented by the Mayoral Committee, major achievements have been registered as a result of the appointment of the Administrator. Part of these achievements included the improvement of financial management which focuses on strict financial control and discipline; strengthening of monitoring and accountability systems focusing on budget vote expenditure; high reduction of costs and expenditure on transport and catering during meetings; development and council approval of recovery plan, budget and all relevant related financial policies.

5.12 Despite the above-mentioned achievements, the report highlighted also some of the challenges confronting municipal financial viability and management in the Municipality. These challenges included increased debt and low collection rate, default billing system, incapacity in the Budget Office, ineffective debt collection strategies and the inability to implement credit control policy because of problems with billing systems. In an effort to address the above-mentioned challenges, the report indicated that a service provider has been appointed to rectify the problems encounter with the billing system.

5.13 Organized Labour: The major concerns raised by SAMWU pertained to lack of control systems in the area of supply chain management, lack of monitoring of the municipal vehicles and patrol consumption, abuse of leaves due to lack of proper monitoring and evaluation system. SAMWU further recommended that the Municipality to cut all unnecessary expenditure on travelling expenses and telephone usage.

5.14 Ward Committees: The ward committees reported their dissatisfaction with resource allocation for their activities, since there was no budget on ward committees.

(E). Good Governance and Public Participation

5.15 Municipal Council: Despite the allegations on political interference in the administration and high political contestation in the Municipality, the report of the mayoral committee highlighted progress in respect to public participation, convening of regular public meetings by the ward councillors and the completion of Ward Committee Policy and Public Participation Model. While acknowledging progress in respect of public participation, the report raised concerns with regard to service payment boycott spearheaded by organises business and Ratepayers Associations in the area. The other challenge related to a lack of communication strategy to deal with wrong perceptions about the municipal inability to provide services.

5.16 Ward Committees and Vuka Uyibambe Youth Development Forum: Public participation was a major shortcoming of the Municipality. Commonality on the issues raised pertained to decisions taken without the involvement of the community; lack of transparency in issues of engagement with the community; Councillors not reporting or doing their constituency role; lack of black representation in the Mayoral Advisory Forum. The major concerns raised by the representatives of ward committees related to the absence or no provision of Community Development Workers in Ward 2; non-functioning of municipal standing committee to discuss community mandates emanating from public participation; non implementation of Council resolutions, and lack of resource such as transport and telephone allowances; and slow response- rate from the technical services on service delivery complaints.

1. Committee Observations and Opinion

6.1 The Committee Delegation observed that there were critical challenges experienced by the Municipality which related to critical vacant positions; serious concerns on MFMA and regulation’s compliance (e.g SCM regulation); financial mismanagement and inadequate financial controls; and the need for technical and financial assistance from the Provincial Department of Local Government and Traditional Affairs and National Treasury.

1. During the interaction and deliberations with all stakeholders, it was noted that there were contradictions between the Councillors with regard to their relationship with the executive management; instances of political interference and shortcomings were observed with regard to public participation. Furthermore, the Committee Delegation emphasized the need to work together more effectively with communities and key stakeholders in ensuring the Municipality carryout its delivery and developmental functions effectively.

2. The dual responsibilities by the Administrator performing functions of an appointed Administrator in terms of section 139 (1)(b) of the Constitution and accounting to the MEC for Local Government of Local Government and Traditional Affairs; as well as performing functions of an Acting Municipal Manager accountable to the Municipal Council of Koukamma was confusing.

6.4 The Committee Delegation is of the opinion that the organisational capacity of Municipality to perform its functions and fulfil its developmental role is of paramount importance for service delivery. This key performance area should focuses on organisational capacity and includes indicators such as vacancy rates among senior managers and the implementation of performance management system.

1. Cross-Cutting Matters

7.1 The Committee Delegation noted during the oversight visit a number of cross-cutting matters that goes beyond the scope of local government and has critical bearing on service delivery in Koukamma, and that this be referred to the relevant portfolio, committee or department:

  7.1.1 Unblocked housing projects since 2002 – Human Settlement.
  7.1.2 The vastness between wards, Joubertina being almost 45KM from
       Kareedouw – Municipal Demarcation Board and the Department of Co-
       operative Governance and Traditional Affairs..
  7.1.3 Drie Kroom Farm has been bought by the Department of Rural
       Development and Land Reform for emerging farmers including
       tractors and other resources; however, there is no water supply.
       – Select Committee on Land and Environmental Affairs.

1. Acknowledgement

8.1 The Committee Delegation acknowledged the varied contributions of the parliamentary staff who participated in the oversight visit in their various capacities.

1. Recommendations

9.1 Having conducted the oversight visit to Koukamma Local Municipality and interacted with internal and external stakeholders, the Select Committee on Co-operative Governance and Traditional Affairs recommends as follows:

  9.1.1 National Council of Provinces approves the intervention as
       issued by the Provincial Executive Council in terms of section
       139 (1) (b) of the Constitution.
  9.1.2 That National Council of Provinces endorses the six months
       period of intervention, as stipulated in the intervention notice
       tabled by the Eastern Cape MEC for Local Government and
       Traditional Affairs.
  9.1.3 The MEC to consider reviewing the occupational designation of
       Mr. Louis Scheepers to avoid confusion on his dual role as
       Administrator and Acting Municipal Manager in order to allow the
       incumbent to focus on his role in restoring normality within the
       institution.
  9.1.4 The MEC to table quarterly progress report to the NCOP on the
       status of interventions in the Municipality, including
       challenges encountered.
  9.1.5 The South African Local Government Association in co-operation
       with Local Government Sector Education and Training Authority to
       facilitate training and capacity building for Municipal
       Councillors; to further deepen their understanding of the
       oversight role; legal framework and policies that govern the
       activities of the Municipality.
  9.1.6 The Department of Co-operative Governance and Traditional
       Affairs to fast-track the development of ward committees funding
       model in order to ensure that necessary resources are provided
       to ward committees to perform their constitutional obligations
       of facilitating public participation, planning and decision
       making processes of the Municipality.
  9.1.7 The approved report by the NCOP to be shared with all the
       internal and external stakeholders of Koukamma whom the
       Committee Delegation interacted with during the oversight visit.


  9.1.8 The Select Committee on Co-operative Governance and Traditional
       Affairs in co-operation with the relevant Committee in the
       Eastern Cape Provincial Legislature to conduct a follow-up visit
       after the intervention has ended.

Report to be considered.

                      TUESDAY, 13 OCTOBER 2009

COMMITTEE REPORTS

National Council of Provinces

1. Report of the Select Committee on Security and Constitutional Development on the Upliftment of the provisional suspension from Office of magistrate A Bacharam, dated 13 October 2009.

Introduction

The Select Committee on Security and Constitutional Affairs, having considered the Report on the upliftment of the provisional suspension of a magistrate: Ms A Bacharam, an additional magistrate at Scottburgh tabled by the Minister for Justice and Constitutional Development, in terms of the Magistrates Act, 1993 (Act no 90 of 1993), in Parliament on 17 September 2009 reports as follows:

Background

1. The Select Committee heard evidence from representatives of the Magistrates Commission concerning the matter of the provisional suspension from office of magistrate Ms A Bacharam on 26 August 2009.

2. It heard evidence that a disciplinary hearing was set down by the Magistrates Commission for 30 May 2008 but that Ms Bacharam’s legal representative requested a postponement of the inquiry pending the finalisation of the criminal case against her.

3. Ms Bacharam was on 13 February 2009 acquitted on the above criminal charge.

4. The Magistrates Commission informed the Select Committee that it had subsequently reviewed the transcription of proceedings in the criminal case and had, on Tuesday, 25 August 2009, advised the Minister forJustice and Constitutional Development on the feasibility of proceeding with a disciplinary hearing.

5. The Select Committee recommended waiting for the tabling of the recommendation from the Minister for Justice and Constitutional Development in Parliament in order to conclude the matter.

6. The Minister for Justice and Constitutional Development informed Parliament of the upliftment of the provisional suspension of magistrate Ms A Bacharam. The Select Committee on Security and Constitutional Affairs considered the report by the Minister on 17 September 2009.

7. The Select Committee considered the recommendation by the Minister for Justice and Constitutional Development on Friday, 09 October 2009.

Conclusion

1. The Select Committee on Security and Constitutional Development, having considered the upliftment of the provisional suspension of a magistrate: Ms A Bacharam, an additional magistrate at Scottburgh tabled by the Minister for Justice and Constitutional Development, in terms of the Magistrates Act, 1993 (Act no 90 of 1993), in Parliament on 17 September 2009 and referred to it on 08 October 2009, reports that it concurs with the Minister’s decision..

Report to be considered.

1. Report of the Select Committee on Security and Constitutional Development on the Provisional Suspension from Office of Magistrate T C Oliphant, dated 13 October 2009

Introduction

The Select Committee on Security and Constitutional Affairs, having considered additional evidence relating to the report on the provisional suspension from office of Magistrate T C Oliphant, an additional Magistrate at Wynberg, Western Cape, 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 heard evidence from the representatives of the Magistrates Commission concerning the matter of the provisional suspension from office of Magistrate Ms T C Oliphant on 26 August 2009.

2. 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 the regulations for Judicial Officers in Lower Courts, 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. 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 to date 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. The Select Committee noted that 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 fails 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.

12. The Magistrates Commissions legal obligations required that:

 12.1.  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.


 12.2.  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.

 12.3.  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.

 12.4.  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.

1. The Select Committee having taken into account that Ms T C Oliphant 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 and having produced a medical certificate attesting to this, requested the Magistrates Commission 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 expected a final report from the Magistrates Commission on the basis of which the Committee would finalise its recommendation to the National Council of Provinces.

3. The Select Committee having heard evidence from the Magistrates Commission on Friday, 09 October 2009 on the attempts to comply with the Select Committees recommendation reported that a letter dated 27 August 2009 addressed to Ms Oliphant was served on her personally at her physical place of residence the very same day at 14:40. The content of the letter was explained to her and she acknowledged receipt of the letter on a copy thereof.

4. Ms TC Oliphant failed to comply with the request to produce her medical records.

Committee recommendation The Select Committee on Security and Constitutional Development, having considered additional evidence relating to the report on the provisional suspension from office of Magistrate T C Oliphant, an additional Magistrate at Wynberg, Western Cape, 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 that it confirms the provisional suspension and recommends the removal from office of Magistrate Ms T C Oliphant.

Report to be considered.

1. Report of the Select Committee on Security and Constitutional Development on the Protocol of Amendments to the International Hydrograhic Organisation Convention, dated 13 October 2009

Introduction

The Select Committee on Security and Constitutional Affairs, having considered the Protocol of Amendments to the International Hydrographic Organisation (IHO) Convention, tabled in terms of section 231(2) of the Constitution, 1996, in Parliament on 18 August 2009 and referred to the Select Committee on 27 August 2009 reports as follows:

Background

1. The Republic of South Africa became a Member State of the IHO in
   1. The IHO Convention was ratified by Parliament in 1968.

2. The IHO is an intergovernmental consultative and technical organization that was established in 1921 to support the safety in navigation and the protection of the maritime environment. Contracting Governments undertake to arrange for the collection and compilation of hydrographic data and the publication, dissemination and keeping up to date of all nautical information necessary for safe navigation.

3. In particular Contracting Governments undertake, in a manner most suitable for the purpose of aiding navigation, to ensure that hydrographic surveys are carried out, to prepare and issue nauticalcharts, sailing directions, lists of lights, tide tables and other nautical publications. To promulgate Notices to Mariners and to provide data management arrangements to support these services.

4. The Republic of South Africa is represented at the IHO by the SA Navy Hydrographer, who is also the Chairperson of the Southern Africa and Islands Hydrographic Commission (SAIHC).

5 During the 3rd Extraordinary International Hydrographic Conference held in the Principality of Monaco, a Resolution was adopted on 14 April 2005 to amend the Preamble as well as 19 Articles of the IHO Convention (1967 version) in accordance with Article XXI thereof.

1. The objective of the Protocol of Amendments is to improve the scope, objectives, capacity and effect of the IHO Convention. Approval of the Protocol of Amendments to the IHO Convention is an indispensable pre- requisite for the modernization of the IHO.

2. In the four years since the approval of the Protocol of Amendments, twenty-three Member States have indicated their approval of the Protocol of Amendments. Thirty-one more approvals are needed before the Protocol of Amendments can come into effect.

Committee recommendation

The Select Committee on Security and Constitutional Development, having considered the Protocol of Amendments to the International Hydrographic Organisation (IHO) Convention, tabled in terms of section 231(2) of the Constitution, 1996, in Parliament on 18 August 2009 and referred to the Select Committee on 27 August 2009 recommends approval by the National Council of Provinces.

Report to be considered.

                     WEDNESDAY, 14 OCTOBER 2009

ANNOUNCEMENTS

National Council of Provinces

           1. Referral to Committees of papers tabled

 1) The following papers are referred to the Select Committee on
    Security and Constitutional Development for consideration and
    report:

    a) Agreement between the Government of the Republic of South Africa
       and the Government of the Hong Kong Special Administrative
       Region of the People’s Republic of China concerning Mutual Legal
       Assistance in Criminal Matters, tabled in terms of section
       231(2) of the Constitution, 1996.


    b) Explanatory Memorandum to the Agreement between the Government
       of the Republic of South Africa and the Government of the Hong
       Kong Special Administrative Region of the People’s Republic of
       China concerning Mutual Legal Assistance in Criminal Matters.


    c) Agreement between the Government of the Republic of South Africa
       and the Government of the Hong Kong Special Administrative
       Region of the People’s Republic of China concerning Surrender of
       Fugitive Offenders, tabled in terms of section 231(2) of the
       Constitution, 1996.


    (d)      Explanatory Memorandum to the Agreement between the
       Government of the Republic of South Africa and the Government of
       the Hong Kong Special Administrative Region of the People’s
       Republic of China concerning Surrender of Fugitive Offenders.

TABLINGS

National Assembly and National Council of Provinces

1. The President of the Republic

a) Report and Financial Statements of The Presidency for 2008-2009,
   including       the Report of the Auditor-General on the Financial
   Statements and Performance Information for 2008-2009.

1. The Minister of Higher Education and Training

a) Report and Financial Statements of the National Student Financial
   Aid Scheme for 2008-2009, including the Report of the Auditor-
   General on the Financial Statements and Performance Information for
   2008-2009.

                      THURSDAY, 15 OCTOBER 2009

ANNOUNCEMENTS

National Council of Provinces

The Chairperson

1. Message from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council

(1)    Bill passed by National Assembly and transmitted for concurrence
     on 15 October 2009:


      a) Local Government: Municipal Property Rates Amendment Bill [B
         12 - 2009] (National Assembly – sec 75).


        The Bill has been referred to the Select Committee on
         Cooperative Governance and Traditional Affairs of the National
         Council of Provinces.

COMMITTEE REPORTS

National Assembly and National Council of Provinces

1. SUPPLEMENTARY REPORT TO THE FIRST REPORT OF THE 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 Supplementary Report to the First Report of the Joint Rules Committee, 2009, dated 13 October 2009, as follows:

The Joint Rules Committee, having on 18 June 2009 considered proposed rule amendments in respect of the co-chairpersons for joint committees, recommends the following amendments to the Joint Rules:

(1) Joint Subcommittee on the Funding of Represented Political Parties

  That Joint Rule 81 be substituted as follows:


  Chairpersons
  81.   A member of the Assembly component elected by that component and
  a member of the Council component elected by that component are the co-
  chairpersons of the Joint Subcommittee.

(2) Constitutional Review Committee

  That Joint Rule 101 be substituted as follows:


  Chairpersons
  101.  A member of the Assembly component elected by that component and
  a member of the Council component elected by that component are the co-
  chairpersons of the Committee.

(3) Joint Standing Committee on Defence That Joint Rule 120C be substituted as follows:

  Chairpersons
  120C. A member of the Assembly component elected by that component and
  a member of the Council component elected by that component are the co-
  chairpersons of the Committee.

(4) Joint Committee on Ethics and Members’ Interests

  That Joint Rule 123 be substituted as follows:


  Chairpersons
  123.  A member of the Assembly component elected by that component and
  a member of the Council component elected by that component are the co-
  chairpersons of the Committee.

Report to be considered.

M V Sisulu M J Mahlangu Speaker of the National Assembly Chairperson of the NCOP

National Council of Provinces

1. Report of the Select Committee on Finance and Appropriations on the 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, dated 14 October 2009:

The Select Committee on Finance and Appropriations, having considered the 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, referred to it in terms of section 231(2) of the Constitution, reports that it recommends that the Council approve the said agreement. Report to be considered

1. Report of the Select Committee on Finance and Appropriations on the 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, dated 14 October 2009.

The Select Committee on Finance and Appropriations, having considered the 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, referred to it in terms of section 231(2) of the Constitution, reports that it recommends that Council approve the said agreement.

Report to be considered