National Council of Provinces - 05 November 2009
THURSDAY, 5 NOVEMBER 2009 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 14:04.
House Chairperson (Ms N W Magadla) took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
NOTICES OF MOTION
Mr C J DE BEER: Hon Chairperson, I hereby give notice that on the next sitting day of the Council I shall move:
That the Council –
(1) notes that on 27 October 2009, the Minister for Co-operative Governance and Traditional Affairs, the hon Shiceka, informed this House that he had found some destitute households without water and proper sanitation in the Western Cape;
2) further notes that some of these households had their water supply
cut, were constantly harassed and threatened with letters of demand
simply because they were poor and unable to pay for their
constitutionally enshrined right to water;
(3) further notes that-
(a) during the debate on the annual address by the President on 29
October 2009, the Premier of the Western Cape, the hon Zille,
persistently denied that the City of Cape Town had cut the
water supply to several households across the Cape Town Metro
and challenged the Minister to investigate this issue further
so that the DA-led municipality could be absolved; and
(b) that Minister Shiceka has since established a task team to
investigate water cuts and other related claims in the metro;
4) takes this opportunity to condemn in the strongest possible terms
the Mayor of Cape Town, Dan Plato, for threatening legal action
against the Minister;
5) calls upon all the people of the metro who had their water supply
cut and who were persistently harassed by the City of Cape Town to
take part in this important initiative and submit any information
that will enhance our government’s fight against the victimisation
of the poor and the violation of their constitutionally enshrined
rights;
(6) further calls on the Minister to ensure that the report of the task team is tabled in this House for debate and further consideration by the relevant committee of the Council, in line with our mandate to represent and protect the interests of the people in the provinces.
Mr A WATSON: Madam Chair, on a point of order: I ask you to give a ruling on the validity of that motion. The Rules of this House state very clearly that a draft resolution may not be tabled in this House if, in substance, it is the same as a matter discussed in the House in the preceding six months.
The HOUSE CHAIRPERSON (Ms N W Magadla): Hon member, I’ll look into the matter and respond later.
Mr Z MLENZANA: Hon House Chairperson, I shall move at the next sitting of the House:
That the Council –
1) notes that Unicef South Africa has released the 2008 Unicef South
Africa Annual Report, which outlines the challenges and
achievements of the past year;
2) further notes that –
a) the results reflected in this report indicate maximum co-
operation between the government of South Africa, UN sister
agencies, bilateral organisations and civil society
organisations, including private sector, media, academic
institutions and child rights organisations; and
b) the report shows that South Africa has made significant
progress towards the realisation of children’s rights but much
remains to be done; and
3) welcomes the publication on “Testimonies on Child Friendly Schools”
from the field in which participants share experiences on the
positive impact of the friendly schools programme in the Eastern
Cape and KwaZulu-Natal; and
4) resolves to continue supporting Unicef South Africa, particularly
this year, 2009, which is the year in which Unicef South Africa
celebrates the 20th anniversary of the Convention on the Rights
of the Child.
Mr O DE BEER: House Chair, I shall move on the next sitting day of the House, on behalf of Cope:
That the Council debates Judge Siraj Desai’s acceptance, as the chairman of a prisons advisory body, that public confidence in the parole system has been dented with a number of recent paroles and particularly with the release, on medical parole, of convicted fraudster Schabir Shaik.
Mr S H PLAATJIE: Chair, I shall move on the next sitting day of the House, on behalf of Cope:
That the Council –
1) abhors what is happening in Ward 14 of Ditsobotla Municipality in
the North West Province, where the village water pump is being
denied to some members of the village who are in disfavour with the
nominated keeper of the pump; and
(2) requests a debate on the use of common government property for the benefit of all irrespective of personal differences.
ALLAN BOESAK’S RETURN TO ANC
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Chairperson, I move without notice:
That the Council –
1) notes the immediate resignation of Allan Boesak as a member and
leader of Cope in the Western Cape province, as well as a member of
the Western Cape provincial legislature;
2) further notes that during his resignation, Allan Boesak gave a
short political obituary of Cope by indicating that from the very
beginning Cope structures were characterised by faction fighting,
strife, pitched battles for political supremacy and duplicity and
that party continues to be in disarray; and
(3) takes this opportunity to welcome Comrade Allan Boesak and many more former members of Cope who continue to return to the ANC in many parts of the country because they know and have witnessed that in the era of political confusion that beset our nation a year ago and in the wilderness of a penchant and hunger for power by those who misled them to leave a movement that they served for a greater part of their lives, the ANC lives and remains the only route to the advancement of the needs of the people of South Africa and the dismantling of the legacy of apartheid settlement in our communities. Mr T HARRIS: No, Madam Chair, I object. Madam Chair, on a point of order: the member spoke of a Mr Watkins. I’m not sure who she is speaking about. Thank you.
The CHIEF WHIP OF THE COUNCIL: Chair, I want to correct myself. I meant the hon Watson.
There being an objection, the motion without notice became a notice of motion.
REMEMBRANCE OF ARMISTICE DAY
(Draft Resolution)
Mr D A WORTH: Chairperson, I wish to move without notice:
That the Council -
1) notes that 11 November 2009, which is Wednesday next week, is known
worldwide as Armistice Day or “Poppy Day”, named after the poppy
flowers on the fields of Flanders in France;
2) this day commemorates all fallen soldiers in the various World Wars;
and
3) the hostilities ceased at the 11th minute of the 11th day of the
11th month in 1918 and that we remember the millions who died to
further democracy. “With the going down of the sun we shall remember
them!”
Motion agreed to in accordance with section 65 of the Constitution.
REMARKS BY SPEAKER OF WESTERN CAPE LEGISLATURE
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Chairperson, I move without notice:
That the Council –
1) notes with utter disdain the racial undertones and stereotypes made
by the Speaker of the Western Cape, the hon Mr Shahid Esau, who told
a group of about 70 staff members of the Western Cape Legislature
that there were too many black women in the legislature and that he
will go as far as the Northern Cape and Limpopo to get those he
classified as “boere” to come and work for the legislature; and
(2) takes this opportunity to condemn in the strongest possible terms this racial insult and calls on structures charged with protecting our people from such racial bigotry, such as the Equality Court and the Commission for Gender Equality, to rise up to the call of duty and ensure that the staff members of the legislature are protected from such despicable utterances, which are intended to project the Western Cape as an independent island by those who are bent on holding us fast to our divided past.
Mr T HARRIS: We object to that motion.
The HOUSE CHAIRPERSON (Ms N W Magadla): In light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion.
Mr D V BLOEM: Chairperson, I rise on a point of order. You have not ruled on the first motion on Allan Boesak. We had an objection to it.
The HOUSE CHAIRPERSON (Ms N W Magadla): I now declare that in light of the objection the motion may not be proceeded with. The motion without notice will now become a notice of a motion.
COSTS OF INTEGRATED RAPID TRANSIT SYSTEM IN CITY OF CAPE TOWN
(Draft Resolution)
Ms M P THEMBA: Chairperson, I want to move a motion without notice: That the Council –
1) notes the steeply rising costs of the construction of the first
phase of the Integrated Rapid Transit System, IRT, in the DA-led
City of Cape Town;
2) further notes that –
a) the IRT, which was hailed as one of the biggest infrastructure
development projects ever undertaken in the city by the then
Executive Mayor and now Premier of the Western Cape, Helen
Zille, was projected to cost R1,4 billion and has doubled to
R4,5 billion with tenders coming in higher than expected and
start-up costs significantly more than initially modelled; and
b) ratepayers will bear the brunt of the ballooning costs of the
City of Cape Town’s R4.5 billion public transport system and
the expected R99 million operating shortfall, by paying higher
property taxes, parking and fuel levies, paying steep prices
for permits to use the city’s roads or by contributing to a
new local business tax;
3) recognises that since this blunder, and as part of its desperate
attempts to conceal it from the public, the City of Cape Town has
proposed a reduction of the size of its bus fleet for the 2010
shuttle service and scrapped the reserve service; and
(4) takes this opportunity to call on the former Mayor of Cape Town and on the DA to stop hiding behind administrators and take full responsibility for this blunder that has embarrassed our nation and the community and to apologise to the people of the Western Cape and South Africans at large.
The HOUSE CHAIRPERSON (Ms N W Magadla): Hon member, your time has expired. Your motion will be printed in full in the Order Paper.
Mr A WATSON: Madam Chair, firstly, I object to that motion and I ask you to rule on whether it’s acceptable for a member of this Council to mislead this Council, because she referred to the taxes of the taxpayers in Cape Town and that is government money. That is not rates and taxes.
The HOUSE CHAIRPERSON (Ms N W Magadla): Hon member Watson, I haven’t asked if there was any objection. [Interjections.] Is there any objection to the motion? Yes, there is. In light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion.
REPORT OF ERASMUS COMMISSION
(Draft Resolution)
Mr M J R DE VILLIERS: Madam Chair, I move without notice:
That the Council notes that –
1) Ebrahim Rasool, former Premier of the Western Cape, wishes to take
urgent steps to stop the report of the Erasmus Commission from
being publicised;
2) if he and the government formerly under his administration had
nothing to hide from the public, then he would not obstruct the
publication of the report; and
(3) the hon Helen Zille, Premier of the Western Cape, is absolutely right to inform the public of the report of the Erasmus Commission and that the public’s interest will be defended and secured at all times in how taxpayers’ money is being spent.
The HOUSE CHAIRPERSON (Ms N W Magadla): Is there any objection to the motion? Yes, there is. In light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion.
GAUTRAIN NOT READY BEFORE 2010 SOCCER WORLD CUP
(Draft Resolution)
Mr O DE BEER: Chairperson, I move without notice:
That the Council notes that the legislature of Gauteng is misleading the people of Johannesburg and South Africa by saying that the Gautrain will not be ready before 2010 for the World Cup.
The HOUSE CHAIRPERSON (Ms N W Magadla): Is there any objection to the motion? Yes, there is. In light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion.
NONPROFIT ORGANISATION FRIENDS OF THE BLIND RESTORES SIGHT TO 11 BLIND PEOPLE
(Draft Resolution)
Mnr H B GROENEWALD: Mev die Voorsitter, ek doen die volgende voorstel sonder kennisgewing:
Dat die Raad -
1) kennis neem dat mev Sarah Ward, 76 jaar oud, weer die voorreg het
om haar kinders en die mooi dinge van die wêreld te kan ervaar en
bowenal weer te kan lees;
2) verder kennis neem dat hierdie geleentheid – die verwydering van
haar katarakte – moontlik gemaak is deur die Vriende van Blindes,
’n nie-winsgewende organisasie;
3) verder kennis neem dat 11 persone hierdie liefdesdaad deur Vriende
van Blindes te beurt geval het; en
4) erken dat dit ’n prysenswaardige stap deur Vriende van Blindes is,
en sy waardering teenoor die Vriende van Blindes uitspreek. (Translation of Afrikaans draft resolution follows.)
[Mr H B GROENEWALD: Madam Chairperson, I move the following motion without notice:
That the Council -
1) notes that Mrs Sarah Ward, 76 years old, can once again have the
privilege of experiencing her children and all that is beautiful in
the world and, above all, is able to read again;
2) further notes that this occasion, the removal of her cataracts, was
made possible by the Friends of the Blind, a nonprofit
organisation;
3) notes that this act of love fell to 11 people by way of the Friends
of the Blind; and
4) acknowledges that this is a commendable deed by them and conveys
its gratitude and appreciation to the Friends of the Blind.]
Motion agreed to in terms of section 65 of the Constitution.
Mr S D MONTSITSI: Madam Chair, I want you to rule on the motion that was moved concerning Gauteng and the Gautrain because it was a motion without notice. That motion has been deemed a notice of motion and is going to be printed on the next Order Paper.
My problem is that the content of the motion itself is not correct, because the Gautrain trials have already begun. We saw the premier of Gauteng taking a trip on the Gautrain.
So, in light of the fact that the motion is not in the spirit of promoting the truth, I would like you, Chairperson, to make a ruling on that motion.
The HOUSE CHAIRPERSON (Ms N W Magadla): I have given a ruling on the motion already, so I am not expecting any deliberations on it.
TELECOMMUNICATIONS OPERATOR NEOTEL CONGRATULATED ON GRADUATION OF STUDENTS FROM ITS ACADEMY
(Draft Resolution)
Ms M P THEMBA: Chairperson, I move without notice:
That the Council -
1) notes that last week, South Africa’s first converged
telecommunications operator, Neotel, which was launched in 2007 in
response to South Africa’s continued skills shortage in the
telecommunications industry to bridge the gap between what the
industry is delivering and what is truly needed in terms of skills
development, announced the graduation of 24 students from its
academy; and
2) takes this opportunity to congratulate Neotel for this important
initiative and the learners for their achievement; and
3) calls on Neotel and other telecommunication entities to expand
initiatives such as this one to their parts of the country,
particularly in the rural areas and previously marginalised areas.
Motion agreed to in accordance with section 65 of the Constitution.
SANTOS BEACH AND HARTENBOS AWARDED BLUE FLAF STATUS
(Draft Resolution)
Mnr M J R DE VILLIERS: Mev die Voorsitter, ek doen die volgende voorstel sonder kennisgewing:
Dat die Raad-
1) kennis neem dat twee strande in Mosselbaai, naamlik Santos strand en
Hartenbos, blou vlag status ontvang het;
2) verder kennis neem dat me Marie Ferreira, uitvoerende burgemeester
van die Mosselbaai Raad, op 10 Desember 2009 die vlae op die twee
strande gaan hys;
3) verder kennis neem dat hierdie twee vlae deur Minister Marthinus van
Schalkwyk, Minister van Toerisme, op ’n byeenkoms te Muizenberg aan
die Mosselbaai munisipaliteit oorhandig is; en
4) erken dat hierdie toekenning bewys dat die Mosselbaai munisipaliteit
onder DA beheer omgee vir die omgewing en goed regeer word. (Translation of Afrikaans draft resolution follows.)
[Mr M J R DE VILLIERS: Madam Chairperson, I move the following motion without notice:
That the Council notes that –
1) two beaches at Mossel Bay, namely Santos Beach and Hartenbos, have
received Blue Flag status;
2) Mrs Marie Ferreira, Executive Mayor of the Mossel Bay Council, will
be hoisting the flags at these two beaches on 10 December 2009;
3) these two flags were handed over to the Mossel Bay Municipality by
Mr Marthinus van Schalkwyk, Minister of Tourism, at an event in
Muizenberg; and
(4) this award proves that the Mossel Bay Municipality under DA control cares for the environment and is being governed properly.]
The HOUSE CHAIRPERSON (Ms N W Magadla): Is there any objection to the motion? Yes, there is. In light of the objection the motion may not be proceeded with. The motion without notice will now become a notice of motion.
BEST WISHES TO TOURING SPRINGBOKS AND PARLIAMENTARY RUGBY TEAM
(Draft Resolution)
Mnr W F FABER: Mevrou, ek stel sonder kennisgewing voor:
Dat die Raad -
(1) kennis neem dat die Springbokspan gekies is;
(2) ook kennis neem dat twee Griekwa rugbyspelers in die span ingesluit is;
(3) verder kennis neem dat die Springbokke, sowel as die Parlementêre rugbyspan, na Europa en Ierland gaan toer; en
4) al twee spanne die beste toewens. (Translation of Afrikaans draft resolution follows.)
[Mr W F FABER: Madam Chairperson, I move without notice:
That the Council -
1) notes that the Springbok team has been selected;
2) also notes that two Griqua players have been included in the team;
3) further notes that the Springboks, as well as the parliamentary
rugby team, are going on tour to Europe and Ireland; and
4) wishes both teams all the best.]
Motion agreed to in accordance with section 65 of the Constitution.
JOINT SITTING CALLED TO BID FAREWELL TO CHIEF JUSTICE PIUS LANGA AND TO WELCOME CHIEF JUSTICE SANDILE NGCOBO
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Chairperson, I move the draft resolution printed in my name on the Order Paper, as follows:
That the Council -
1) notes that the President of the Republic of South Africa has, in
terms of the Constitution and the Joint Rules, called a Joint
Sitting of the two Houses for Wednesday, 11 November 2009, at 14:00
to bid farewell to the Hon Justice Pius Langa, the retired Chief
Justice of the Republic of South Africa, and to welcome Chief
Justice Sandile Ngcobo; and
2) resolves, subject to the concurrence of the National Assembly, to
invite retired Chief Justice Langa and Chief Justice Ngcobo to
attend and participate in the Joint Sitting of the Houses on 11
November 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.
SUSPENSION OF RULE 239(1)
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Chairperson, I move the draft resolution printed in my name on the Order Paper as follows:
That Rule 239(1), which provides inter alia that the consideration of a Bill may not commence before at least three working days have elapsed since the committee’s report was tabled, be suspended for the purposes of consideration of the Local Government: Municipal Property Rates Amendment Bill [B12 – 2009] (National Assembly – sec 75) on Thursday, 5 November 2009.
Question put: That the motion be adopted.
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.
MOTION OF CONDOLENCE
(The late Imam Gassan Solomon) The CHIEF WHIP OF THE COUNCIL: Chairperson, I move the draft resolution printed in my name on the Order Paper, as follows:
That the Council –
1) notes with profound sadness and utmost sense of loss the passing
away of ANC veteran Comrade Imam Gassan Solomon after a long period
of illness;
2) further notes that –
a) Imam Solomon joined the ANC in 1960 at the tender age of 19
and that he became president of the Call of Islam in 1983 and
was elected onto the Executive Committee of the Western Cape
United Democratic Front, UDF, in 1984;
b) at the height of apartheid repression in 1985, Imam Solomon
went into exile and only returned to South Africa during the
unbanning of the ANC in 1990; and
c) Imam Solomon became an ANC Member of Parliament in 1994 and
served on various portfolio committees while being an MP,
including Finance, Justice and Safety and Security; and
(3) recognises that Imam Solomon was a true cadre of the ANC and distinguished veteran of the liberation of our people who dedicated his life to dismantling the legacy of apartheid in our nation; and
(4) takes this opportunity to -
a) dip its head for comfort on the shoulders of a nation in
mourning and on the chests of so many of our people who are
mourning with Imam Solomon’s family by virtue of the life he
dedicated to our people; and
b) extend its sympathy and condolences to the Solomon family,
friends and comrades.
May his soul rest in peace.
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.
The HOUSE CHAIRPERSON (Ms N W Magadla): Order! Before the Secretary reads the First Order of the Day, I want to say that I have been informed that the First Order should be amended by the inclusion of the words: “working together to ensure the delivery of quality services to communities”.
Amendment agreed to in accordance with section 65 of the Constitution.
CONSIDERATION OF NATIONAL COUNCIL OF PROVINCES PROVINCIAL WEEK REPORT – WORKING TOGETHER TO ENSURE THE DELIVERY OF QUALITY SERVICES TO COMMUNITIES
The HOUSE CHAIRPERSON (Mr R J Tau): Chairperson, I would like to point out that, in terms of the speaker’s list, I have 12 minutes allocated to me, but here I see 10. Oh, that has been corrected.
House Chairperson, special delegates from provinces, Members of Parliament, ladies and gentlemen, under the theme “Working together to ensure the delivery of quality services to communities”, the NCOP embarked on its annual programme known as the Provincial Week, from 7 to 11 September 2009.
Members of the NCOP visited all nine provinces, meeting with various provincial leaders, including the provincial Premiers, Members of the Executive Councils and their departments, provincial legislatures, including the Speakership, the Whippery and Chairpersons of Committees, and other key stakeholders such as local government leaders and the South African Local Government Association.
The purpose of the week was to interface with the local communities through meetings and by conducting visits to various sites in order to monitor progress on service delivery. This year’s programme was unique mainly because it was the first one of its kind of the Fourth Parliament, which makes it historic.
The Provincial Week was established in line with the provision of the Constitution which obligates the NCOP to ensure that provincial interests are taken into account in the national sphere of government. The week provides a forum for the exchange and sharing of ideas on the progress that has been made around service delivery issues, and of the challenges that are confronting the provinces in fulfilling their mandates.
Since its inception, it has proven to be successful in informing provincial delegates about the needs of the people in their respective provinces and affords delegates an opportunity to keep abreast with developments in those provinces. It further enables provincial, local, and national governments to work together as a collective in order to ensure effective and efficient service delivery.
The NCOP report for the period 2004 to 2009 suggests that there is a need to ensure that the views of the people, expressed during public participation engagements, are taken into account and followed up.
One of the justifications for the Provincial Week includes strengthening the debate with people on the ground. The theme further reaffirms the position and commitment of the ruling party to co-ordinate efforts towards working together in ensuring the delivery of quality services to communities.
The NCOP’s recent strategic workshop resolved, among other things, to forge co-ordination with the three spheres of government when engaged in our NCOP activities and in exercising our oversight role. Implementing this decision will assist us to reach our commitment of speeding up service delivery in order to impact positively on the lives of our communities.
If one looks at the past and recent activities of the NCOP, it is evident that we have always sought to do this. However, the challenge to sustain these relations amongst the spheres of government and in our own parliamentary operations remains.
Our own experiences indicate that there is a need to find and implement a co-ordinated approach in our process to oversee speedy service delivery. The programmes of the NCOP, such as Taking Parliament to the People and follow-up visits to provinces, have been informed by this approach and thus include the national, provincial and local authorities.
Over and above this, the involvement of the people at the grass-roots level has been the cornerstone of these programmes. We continue to strive and improve our approaches through various public participation mechanisms such as public hearings and oversight visits to the provinces and communities.
Programme 2009 emphasises the need for provincial legislatures and municipalities to participate in national programmes of Parliament. It acknowledges that provinces and municipalities are the cornerstones of service delivery and serve as important links between government and the people. The Provincial Week ensures that the Council represents the interests of provinces and accords provincial delegates to the NCOP the opportunity to review their mandates by being visible in their constituencies.
While we understand the importance of co-operative governance as we implement programmes such as the Provincial Week, we are mindful of the importance of co-ordinating our work within the precincts of Parliament. For example, we understand that we need to ensure that the work of the Committees of the National Assembly and the National Council of Provinces, with particular reference to oversight, is intertwined. There is no need for the two Houses to summon before their committees the same entities to report on a similar issue. Instead, an effort should be made that the committees either sit jointly or communicate the areas of concern as a collective. Reports of such briefings of oversight activities could then be shared by the relevant committees. Our co-ordination should begin with us so that, by the time we interface with the provinces, municipalities or the national spheres, we are ready to take forward the issues that affect our people the most, without any duplication or confusion.
This matter has been raised not only by the NCOP, not only by the municipalities, but in actual fact by provinces themselves during our strategic planning session. Provinces felt strongly about the issue of duplication, a view that was repeated by the Deputy President when he addressed us on how we as Parliament could best ensure that we avoid what he termed “an oversight stampede” in the provinces.
For example, the list below indicates some of the issues that our people across the provinces raised during the Provincial Week as challenges they face on a daily basis: In all the provinces, our people said that they have a problem with water shortages. In some provinces this is exacerbated by river pollution caused by sewerage and pesticides. They experienced problems caused by the impact of migration on the infrastructure and quality of services rendered to the community.
They experienced problems caused by high rates of unemployment, by sanitation problems and by budget constraints endured by local municipalities. These all hamper service delivery.
They experienced problems around housing, caused by the nonavailability of land for housing purposes. This is a matter whose solution should seize the NCOP and Parliament. It is quite a challenge now and is a very difficult problem. We have heard from the Department of Human Settlements that it is very expensive to get land because of a deliberate attempt by those who own the land to frustrate government in its attempts to secure land for human settlement.
Then there was the issue of the shortage of hospital personnel – a matter that was frequently raised.
Lastly, the question of HIV and Aids was raised as a matter that needs urgent attention. Of course, we know about some of the practices that our people engage in.
These challenges cut across all our provinces. Seen in this light, it presents our committees, together with our provincial legislatures and our municipalities, with opportunities to develop programmes that are clearly co-ordinated in terms of content and in terms of us doing our oversight work.
If we do call upon departments, we are able to refer to a report and thus we, as committees of the NCOP, need to reflect on that report to ensure that we engage with some of the issues that were raised by our communities.
There are, of course, also positive things that we have observed during the Provincial Week. For instance, in Limpopo, in the Sekhukhune district, there are projects and co-operatives led by women. One such project is the Ikageng Ga Masha co-operatives, led by Mrs Elizabeth Moraswi, which forms an umbrella co-operative within the province.
The co-operative produces potatoes, tomatoes, spinach, and so on. What is fundamental here is that this project has about eight casuals and ten beneficiaries, all from the neighbouring communities. The project of course receives assistance from the Department of Agriculture, Forestry and Fisheries. It has received numerous provincial awards for outstanding achievement and compliance.
In our debates about fighting poverty and unemployment, I think these are some of the things that provinces need to take into account. We should give support to such initiatives in our respective provinces.
These initiatives include, for example, projects that are led by young people, including young women, especially in the rural provinces. These are some of the things that I think are quite important for NCOP to be concerned about and support.
I am also elated by the input and reflections put forward by the delegations suggesting further follow-up. Indeed, this was a good start for us and we hope to improve over the course of the following programmes.
I would also like to express my sincere gratitude to all the staff involved in the programme for their commitment and dedication. We know how supportive they were in this particular programme as well as in the development and drafting of the report.
In conclusion, allow me to say that, for the first time, one of the highlights of the programme was the level at which the media gave attention to it. Thank you. [Time expired.]
Mr M W MAKHUBELA: Hon Chairperson and honourable House, firstly, allow me to commend the hon Tau on his comprehensive speech or report. It was impressive. Thank you. The National Council of Provinces represents the provinces in order to ensure that the provincial interests are taken into account in the national government’s programme of action.
In order for this mandate to be effective, it is imperative that the NCOP go out to the provinces to gauge how government action is impacting the provinces. The provincial week, therefore, is instrumental in the NCOP and provinces examining problems and establishing collaborative approaches in seeking solutions and devising mechanisms to address the needs of the people of South Africa.
Do we have problems that need solutions? To answer this question, let us consider the fact that South Africa probably has more social protests than anywhere else in the world. On average, there are 16 protests taking place daily. What is that? What does it mean? It says that the problems are mounting. It warns that time is running out. Meanwhile, the price of electricity is climbing, jobs are vanishing, people no longer have patience, and we no longer have time.
We began our provincial week programme by visiting the Molemole Municipality. When we arrived there, we found that only R3,7 million had been spent on the building of 200 units. This shows that the communities were not given the services they deserve.
Cope condemns this. It is unacceptable. Worse still was the deplorable condition of the house we went to. It was the house of a Mr Tau – not the hon Tau that we have here. We found that the house that was built was appalling, and the delegation ordered that the house be taken down and rebuilt. With regard to the Sibaila family’s house, we found that the foundation was laid in 2004 but no house was built. The MEC also confirmed this. What a devastating admission. The government is being robbed left, right and centre. All the tenders are there, but then the tenderers just vanish.
In the Eastern Cape on the 8th, it was found that the problem that had been raised during the visit of the NCOP had not been resolved. They were still sitting on it.
In conclusion, Cope wants to ask the government to please step up and start working. Thank you. [Applause.]
Mr T HARRIS: Hon Chairperson, hon colleagues, the DA strongly supports the concept and programme of provincial weeks. They are a very effective way for us to perform oversight targeted at specific crosscutting issues between the local, provincial and national spheres of government.
Last week President Zuma said, “The NCOP provides a national forum for public consideration of issues affecting the provinces.” It is clear that the Provincial Week programme is one of the best embodiments of that constitutionally defined responsibility.
We do, however, have several concerns about the way Provincial Weeks were run this past September. The first is the general principle of following up on issues that arise from provincial weeks. My more senior colleagues tell me that there has long been an issue of concerns being raised and not effectively dealt with. I hope that this, the first Provincial Week of the Fourth Parliament, is different, and that all the concerns that were raised are effectively dealt with, by this House and by the legislatures.
The second concern is an administrative issue. The ATC of yesterday published a version of the Provincial Week report that includes a theme that is completely different from the theme we used to conduct proceedings and therefore incorrect. In addition, the report included from the only DA- run province is not the version signed off by my provincial delegation. I understand that the reports of other provinces may also appear incorrectly. I hope these errors are corrected urgently - in fact, they must be corrected urgently. They reflect poorly on the NCOP.
My third concern is that the partisan attack the governing party in the Western Cape was subjected to in the provincial legislature is repeated in some form in this House. In my experience the NCOP tends to rise above party-political differences and collaborate on improving delivery and service, but in case any concerns are raised in the debate to come, allow me to make a few points about how the DA-led administration ran their Provincial Week. I will speak from the perspective of my role in the NCOP and the visit I went on up the West Coast.
Despite unwarranted criticism, the planning process was relatively open and consultative. I personally, as the provincial whip, consulted the Chief Whip on the draft programme in good time. It is true that her suggestion of a change of destination was not taken on board, but that was the prerogative of the ruling party in that province. How many other provinces even consulted the opposition parties in their provinces on their draft programmes?
The DA-led Western Cape was one of the only four provinces where the premier of the province personally met with and addressed the delegation.
Chairing of consultative sessions on the trip I went on was shared between the DA and the ANC and between the legislature and the NCOP. During hearings, the NCOP delegates and members of the legislature from all parties made no mention of party politics and interparty relations were excellent.
The issues that were dealt with during the site visits were critical. Certainly, I don’t think you could find more important issues than the decline of fisheries, land reform and agriculture on the West Coast of the Western Cape.
Critically, the municipalities visited in the DA-led Western Cape were politically balanced. By my count, of the seven site visits in the province, three relevant municipalities are run by the ANC or ANC-led coalitions and four are run by the DA or DA-led coalitions – you couldn’t be more balanced if you tried.
My fourth concern is an issue that the hon Watty Watson and the leader of the DA in the NCOP has already taken up. On 16 September 2009, he wrote a letter to our Chairperson, which reads as follows:
The DA caucus of NCOP delegates, at a meeting held today, considered the successes of the visits to their respective provinces.
By and large, the sentiments recorded at the programme committee meeting this morning were echoed by our members. A common factor was, in contrast to this, the sad state of local government in many of the provinces. This would indicate that we really need to spend much more time on oversight – particularly where we detect early warning signs.
Two very disturbing occurrences were, however, reported, which I would like you to investigate.
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In KZN, the delegates were advised by SMS at 21h00 on Wednesday evening 09 September 2009, that the programme for the following day, Thursday 10 September 2009, had been cancelled because ANC delegates had to attend an ANC workshop. This left the DA and IFP delegates high and dry for the day.
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A similar occurrence took place in the Eastern Cape when the events of Friday 11 September 2009 were cancelled to allow the ANC delegates to attend the ANC provincial congress.
The first event was also referred to by hon Lees in his speech today and the second confirmed by way of the motion presented by hon Qikane as an ANC delegate of the Eastern Cape.
The time was allocated and the funds provided by the NCOP for oversight and interaction with provincial leadership, and certainly not for ANC events. I await your comments.
The Chairperson has responded by acknowledging receipt of the letter, but no action has been taken yet, as far as we know.
Now, we understand that from time to time, urgent party business means that a member, or even several members, may have to excuse themselves from NCOP proceedings; but for the entire programme of the Provincial Week to be suspended in not one, but two provinces is an indictment of this institution.
Noting that the attendance of delegates in the provinces for Provincial Week was paid for by Parliament, we hope that, at very least, the party concerned will reimburse Parliament for this wasteful expenditure.
These four concerns necessitate legitimate reform of the way we conduct Provincial Weeks from now on, but Chair, we are only presenting them because we believe so strongly in the Provincial Weeks as the embodiment of our constitutional duties in this House. We trust that, once they have been addressed, the oversight and co-ordination work of this House will go from strength to strength. I thank you. [Applause.]
Ms N ABRAHAM-NTANTISO (Eastern Cape): Hon Deputy Chairperson of the NCOP, members of this august House, special delegates from the provinces, we as the Eastern Cape provincial legislature appreciate the NCOP initiative which demonstrates Batho Pele, especially the principle of not only taking the NCOP to the people but also following up on issues raised by the people. As a province …
The HOUSE CHAIRPERSON (Mr R J Tau): Chairperson, I rise on a point of order: I want to know whether it is procedural for an hon member to interface with you directly – in the manner in which the hon Prince is doing – while you are presiding, because it obstructs the House.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): You may continue, hon member.
Ms N ABRAHAM-NTANTISO (Eastern Cape): As a province we take pride in having hosted such prestigious interactions which brought together a variety of stakeholders in order to ensure quality service delivery to the people.
During the programme that took place in the Chris Hani district, at the Emalahleni Local Municipality, some of the issues raised were of national competence, some were provincial but some belonged to the local municipality. This is the first time that this important House has made such follow-ups to demonstrate interest in people. It brought together various spheres of government and talked to issues of co-operative governance in action.
The Emalahleni Local Municipality had areas that they responded to as a local municipality, but they had limitations that included resources. What we appreciate, however, is that they had some initiatives. The Bhengu multipurpose centre is a case in point. Owing to budgetary constraints, the Chris Hani District Municipality had also not moved that much in addressing areas that are in their competence. However, they did raise some concerns on areas like unfunded mandates, local equitable share and intergovernmental relations.
With regard to health care and specifically the Glen Grey hospital and the Philani Clinic, district maintenance teams stepped in to assist with water. In some cases the ruralism of the province contributes to the distances being a challenge. Incentivising rural employees and the definition of “rural” also need to be addressed.
On the issue of education, the MEC declared that the R981 million that is afforded to this department was not sufficient. For example, in the case of the Freemantle Boys High School, where so much has happened, the department has allocated some funds for the school, but it is still not enough. The same goes for the primary and secondary schools that were visited by the team from the NCOP.
The departments of social development, housing, local government, safety and liaison, as led by the premier, also had some issues they responded to that were about the competence of the province. But we must note that with regard to the responses, the national departments had not responded sufficiently and effectively.
The Emalahleni Local Municipality is in an area which is supposed to be doing coal mining. Therefore the feeling in the province is that national departments have to assist that area in order to ensure its success.
It should be borne in mind that the area visited in the Chris Hani District is representative of the broader Eastern Cape areas like Cacadu, Ukhahlamba, O R Tambo and Alfred Nzo. This area has a high rate of unemployment and is also drought-stricken. People who reside there survive by farming and a shortage of water is therefore a life-threatening issue. This area needs vigorous programmes to deal with the effects of climate change.
The NCOP programme has assisted in highlighting the plight of other areas in the province. Seventy per cent of the province is rural, poverty- stricken and offers no job opportunities. The NCOP still has to go back to such areas for a variety of responses and work with the province and districts on issues of co-operative governance. The key thing for us now is to work on substantial issues that were raised, upon which our efforts as the ruling party will be judged.
The communication between the various spheres of government has also been highlighted. Other issues that have been raised by both the premier and the executive mayor include the backlog in electricity supply. Infrastructural challenges generally impact on service delivery across departments. Budgetary issues need the influence of all members, especially when it comes to the province’s department of safety and liaison, which has a minimal budget.
Once more, the Eastern Cape provincial legislature greatly appreciates the initiative by the NCOP and hopes that we have more programmes like these in all areas in our country. The Eastern Cape supports the report. Thank you. [Applause.]
Mr J J VISSER (Western Cape): Hon Chairperson, it is a privilege for me to be invited to speak in your assembly. The Western Cape provincial government recognises the important role the National Council of Provinces plays in the processes of government. We appreciate the fact that the NCOP makes time available for all its members to be able to liaise with the different spheres of government.
On 8 September and 9 September 2009, the NCOP undertook a visit to local governments, together with the Western Cape parliament members. The group split into two because of the number of people involved, and to be able to cover as much ground as possible in the allocated timeslot.
One group went to the Southern Cape and the other group went to the Western Cape. The group that went to the Southern Cape visited the Eden District Municipality region and engaged with five municipalities there. The focus was to talk about service delivery and specifically to focus on those areas where the municipalities encounter problems and need help, either from national, provincial government or the NCOP. Local government is the nearest to the needs of society, and the other spheres of government should be willing and ready to assist and help.
Unfortunately, it is also a fact that where local authorities take bad decisions, there should be intervention from the other spheres of government because we cannot allow a lack of service delivery or a problem to occur with potentially dire consequences, which could have been detected in time and prevented with interference in time.
The single biggest problem we found on our trip to the Southern Cape was the problem of available water in this region. This is a critical problem at this moment and requires intervention and help from all spheres of government immediately, or we will see a catastrophe of proportions we cannot imagine.
It is a fact that people cannot go without water, and the Ministers of the Western Cape government are doing all they can to prevent this disaster and put plans in place to solve the problem for now and the future. It seems that global warming has a bigger impact on water resources than what anyone anticipated and we should take cognisance of this fact.
The second big problem that exists is the shortage of housing and the subsequent problem with the delivery of electricity, water, sewage, streets and everything that goes with a proper, decent township. This problem is aggravated by the high influx of people into this area, which puts huge pressure on the municipalities to deliver the needed services. They need help to cope because, progressively, the growth of the population is higher than the growth of the tax base, which has to pay for all of this. There are other areas of concern that you will find in the report submitted to the NCOP, and which are already under further study, with the recommendations being acted upon.
The reason for the Western Cape visit was to investigate the land restitution of the Ebenezer people at Lutzville in the lower Olifants River Valley. The beneficiaries of this restitution programme are a very annoyed and unhappy group of people because the project had progressed to a point, but now, when the land should be transferred or people compensated, nothing is happening.
The Department of Land Affairs is not entirely honest with the beneficiaries about the problem. Farms have been allocated and bought, but transfers cannot take place because the former owners cannot be paid owing to a lack of money. Also, the beneficiaries who do not want land but want remuneration instead cannot be paid because of this lack of funds. National government and specifically the Department of Land Affairs must solve this problem urgently, because it has already been in process since 1995 and needs to be concluded.
The second big problem in that area is that of the fishing communities - Mr Harris indicated that as well. These people are in dire straits because of fishing quotas that were taken away from them. No alternatives have been put in place to support the families. These people depend on sea resources for their livelihood, not just to make money but actually to have food to eat. These small communities were never a threat to resources in the sea; they are too small to be a threat. The actual threat is the big fishing companies, which use big fishing trawlers to fish.
The government will have to address these problems because these people are practitioners of fishing and nothing else. They are solely dependent on the sea. Alternatives such as aquaculture farms to replace the depleted resources and provide income are a solution. The rest of the issues are covered in a report that is with the NCOP.
I wish to thank the NCOP delegates for their participation and contribution through the visits. It is, however, very easy to assess a problem, but to solve a problem takes much more initiative and energy. I want to plead with this assembly to help and work together so that we can solve these major issues, which I have highlighted, as soon as possible by working together in all spheres of government. I thank you again for the opportunity to be here and address you. [Applause.]
Ms D Z RANTHO: Hon Chairperson, Chief Whip, special delegates of the provinces, Members of Parliament, ladies and gentlemen, comrades and colleagues, I am delighted to have this opportunity to address you on behalf of my organisation, the ANC.
This opportunity reminds me and all of us of the primary objectives of the national democratic, nonracial and nonsexist, prosperous South Africa. We should commit ourselves to this revolution and lift our poor people out of having to live in poor conditions as a result of the legacy left by the apartheid regime.
The Provincial Week is just an exercise relevant to the mandate of this House. Therefore, our task is to work together as an activist government. We are faced with many challenges in our communities that we are aware of, and we are dealing robustly with them. The ANC government is the first to recognise disabled people and women as equal partners across all races. We would like to thank the people of our country for putting their trust in us once again. Working together as this collective, we can achieve all our goals and change the lives of our people for the better.
We are a disciplined organisation, and if we continue to be this disciplined, we will defend the leadership role of our movement and maintain the victory of our national democratic revolution. To be in a leadership position is not an entitlement, but, rather, that masses of ANC followers trusted us. During the Provincial Week, so soon after the elections, we showed our people what we had promised them during the elections in that we are led by them and we are committed to doing exactly what is expected of us.
We also want to acknowledge the people’s plight of not getting service delivery in certain areas, as expected; the challenges in our municipalities; the corruption that the opposition party is howling about. We are the first to acknowledge this, and we are also the first to notice it, and we have strategies to deal with all corruption, inside and outside of government. Our leaders came out publicly with strategies, and they said clearly that they were not going to favour anyone; whether a revolutionist or not, corruption is corruption.
Our government, as the ANC, has also achieved a lot during the past 15 years. We made progress in the provision of electricity, water and shelter for our people. During the apartheid regime, our people used to cross rivers with strings or ropes, but today we are able to cross rivers using bridges that were built by this government that takes care of its people … [Applause.] … because of the three spheres of government working together.
That regime did not bother itself about people living in rural areas, but now, when they are campaigning, they tell us that we do not care about the living conditions of those people. Have they ever thought that those people were not born after 1994, but were in existence even before they stole our country? I will repeat this even in my grave, and I will always say: “It is the ANC and only the ANC that will lead the people of South Africa.” [Applause.]
Eli lizwe lifuna umbutho ofana noKhongolose okwaziyo ukuthetha nabantu nowonyusa isidima sabantu, ongakhethi sini, bala nabuntu babantu. Amazwe aphesheya ayatsho ukuba owethu uMgaqo-siseko ngowona uhamba phambili kwi hlabathi liphela. Ngulo rhulumente wethu kuphela owakhela abantu izindlu zamahala, kwihlabathi liphela. Ngulo rhulumente wethu obonelela mahala ngeenkonzo ezingundoqo, kwihlabathi liphela. Sikwazile ukususa isiqalekiso sokuqala esabekwa nguRhulumente ongaphambili ebantwini bethu, sokuzijongela phantsi njengabantu abangento phambi kukaRhulumente.
Singurhulumente osondeleyo ebantwini nowenza ngokwelizwi labantu. Silwa indlala ngandlela zonke kuba kaloku sithi: (Translation of isiXhosa paragraphs follows.)
[This country needs an organisation like the ANC that is capable of talking to the people and restoring their dignity, is nonsexist and nonracial in terms of ubuntu. The international world acknowledges our Constitution as the best in the whole world.
It is only our government in the whole world that builds houses for free. It is also our government only that provides people with basic services for free in the whole wide world. We were able to redress the first legacy of apartheid, that of looking down upon ourselves as less important peoples within the government.
We are the government that is close to the people that performs according to the mandate of the people. We fight poverty in all fronts because we say …]
“Working together to ensure delivery of services to communities” - that is our assurance. We, as people with eyes of appreciation, commend our government for the recognition of areas that were not known before.
Our Minister of Home Affairs is trying to bring back the dignity of our people by giving them identity documents so that they can be proud of being South African. In fact, she recently visited a very remote area in Pondoland, which cars cannot reach, and got there because of the commitment of the organisation. We reach the unreachable.
The ANC is not an organisation of leadership; it is an organisation for all people irrespective of race, colour and creed. “Singugalel’ebhayini.” [We accept everyone as our own.] We live by our mandate and our vision taken from the time of the drafting of our Freedom Charter to our manifestos, January Statements, up to the state of the nation address by our President. We are committed to fighting HIV and Aids in all respects in this country, as the President said last week at the podium in this NCOP. The campaign of 16 Days of Activism for No Violence against Women and Children, which will be launched some time this month, is a clear fact of our fighting this deadly disease.
Fighting crime is part of our programme. The Police Minister and Commissioner went and launched community policing in areas where crime is rife and uncontrollable. The upgrading of police stations and of our policemen and policewomen who fight crime is also taking place.
It is so shameful to hear a disgruntled member of the opposition party, who used to be protected by our organisation, today complaining about the protection of our people.
Sinabantu esivela kungcwaba uthuthu lwabo ababetshiswe ngexesha lorhulumente omdala, eBhayi. Sibangcwabile kwezi veki ziphelileyo, kuba babebulewe lolukhozo lwemali elileliny’icala le-DA liyi-National Party, NP, phofu ke i-DA iseyila NP yangaphambili. (Translation of isiXhosa paragraph follows.)
[We have come from the funeral of the people who were burnt during the era of the apartheid government, in Port Elizabeth. We buried them over the past few weeks because they were killed by the DA, which is the same coin as the National Party, NP. Anyway, the DA is still the same NP.]
Mr T HARRIS: Chair, on a point of order: would the speaker be able to tell us which member of the opposition she is talking about?
Ms D Z RANTHO: We have in the past demonstrated that working together we can do more. So, education is our priority. I think now it is proper for me to wish Grade 12 learners good luck with their exams. They are the future leaders of our country.
Lastly, this shows that the ANC will lead this country forever, and we will fight for that. The ANC lives; the ANC leads. Amandla! [Applause.]
Mong M P JACOBS: Ho Modulasetulo ya kgabane, Motsamaisi wa Dipuisano, maloko a ntlo ena a hlomphehang, maloko a hlomphehang a dipalamente tsa diporovensi, basebeletsi ba puso, bomme le bontate, re leboha tlhompho eo le re fileng yona, ya hore re behe raporoto ya Foreisetata ka pela ntlo ena. Raporoto ena ke tshusumetso ya Molaotheo wa rona hore rona re be leihlo pusong ya porovensi le pusong ya lehae. (Translation of Sesotho paragraph follows.)
[Mr M P JACOBS: Hon Chairperson, the Presiding Officer, hon members of this House, hon members of the provincial legislatures, public servants, ladies and gentlemen, we appreciate the honour given to us to table the report of the Free State. This report is the constitutional obligation that we should be the overseers of provincial and local governments.]
We want to assure this House that this report is not sentimental, but will strike the right chord with our people. It has been prepared with the sole purpose of trying to address the concerns that have been raised by our communities during our expedition.
The contents of this report need our profound attention. I will single out a few issues that were raised and that hamper the provision of service delivery.
We have discovered that there is centralisation of departmental functions at provincial offices, which delays the proper functioning of districts, because even a small issue such as the purchasing of a globe in an office requires a provincial endorsement.
The challenges raised by the Minister of Health earlier in this House are challenges that we became aware of during our visit to hospitals.
On the education front, adult education is neglected. Some schools are “platooning”, although attempts are in progress to build new schools. There is also a lack of discipline in some schools: teachers arrive late for duty and the school management developer is not hands-on.
In pursuit of excellence and of doing things differently, we want to assure this House that we won’t leave any stone unturned in making sure that our people receive better services.
We want to propose to this House that the NCOP receive feedback from provinces on how they have dealt with issues that are contained and raised in our provincial reports. It would be ideal if we could receive these reports before we embarked on another visit to the provinces.
We are aware that our processes are cumbersome. We were enthusiastically received by members of communities wherever we went. It is crucial that that enthusiasm isn’t lost.
Kufanele noma kanjani sisheshe ukuxazulula izinkinga nezidingo zomphakathi. [We should by all means possible solve the problems of the community and cater for their needs quickly.]
… because that is the mandate they have given us.
We are worried, as public representatives, about the spate of violent protest actions that have engulfed certain townships. The blame cannot be put solely on the doorstep of local government. We must take cognisance of the fact that these protests took place after we had been to the provinces. The situation calls upon us to play a more constructive and supportive role in local government by using parliamentary constituency offices effectively.
We are pleased, as the Free State, that the number of protest actions has gone down, as reported by the Salga delegate the previous week. It gives us hope that we are on the right course.
We would like to wipe out all ills and have 0% protests. We are convinced that Operation Hlasela, spearheaded by the honourable Premier Ace Magashule, has become an effective instrument of service delivery. As I speak, more than 200 people have been employed in an area where I come from. People will now be able to put food on the table for their children to eat, and old and dilapidated houses are being renovated. This programme is not a Reconstruction and Development Programme, but is running concurrently with it.
These services cut across the whole province. The construction of national roads between Reitz and Petrus Steyn has been completed; and other roads, which are linked with the 2010 Fifa World Cup, are in their final stages. What is left is for us to intensify Operation Hlasela to speed up service delivery.
We are on the right course and we dare not fail the people of the Free State and the country, because working together, we must ensure that we deliver quality services to our people. We support this report. Siyabulela. [Thank you.] [Applause.]
Ms B V MNCUBE: Hon House Chair, hon Chief Whip, hon members, special delegates from the provinces, thank you for according me this opportunity to share with you the challenges, the progress and the plans for Gauteng. The provincial week has enabled permanent delegates to interact with the Gauteng provincial legislature’s leadership and various stakeholders, with the purpose of engaging with targeted stakeholders and communities to enable delegates of the National Council of Provinces to put community issues on the legislative agenda.
Oversight visits were undertaken by delegates from the NCOP and the Gauteng legislature portfolio committees, by SA Local Government Association representatives, by the Johannesburg Metro mayoral committee and by the Mogale City Local Municipality to Rietvallei Extension 5 and Muldersdrift in the West Rand region, and to the Chris Hani Baragwanath Hospital and the Lilian Ngoyi Community Health Centre in Soweto, so that challenges identified could be noted and addressed by all spheres of government.
There was a briefing by the chairperson of the Gauteng portfolio committee on health and social development and, with the establishment of the new Gauteng provincial executive council, the department of social development and the department of health were merged into a single department. One of the issues raised is that there is a staff shortage which still persists in the department, hence the lack of proper service delivery. The dispute in terms of the provincialisation of health services had impacted negatively on service delivery, especially the emergency management services and primary health care services.
The recommendations given by the joint committees were that the health and social development committee should engage the department concerning the issue of the closing time of community health centres to enable communities to have greater access to health facilities.
In terms of the intervention by the government regarding the scarcity of staff, the Gauteng provincial government has already opened up nursing training colleges and has recalled retired health practitioners to respond to the filling of vacant posts, to the skills shortage and to curb the backlog which impacted negatively on service delivery. The Gauteng provincial government has developed a turnaround strategy called Kuyasheshwa: Gauteng Working Better.
With regard to the briefing by the chairperson of the Gauteng portfolio committee on local government and housing, the department of local government and housing is a merger between the department of local government and the department of housing, following the establishment of the fourth Gauteng provincial legislature.
The observation of the portfolio committee is that migration and immigration to the province have placed a lot of strain on provincial government resources, and they are impacting negatively on service delivery, as the government’s plans are unable to respond adequately to the demand for services. There is an inadequate provisioning of budget for municipalities to enable them to perform their developmental function, which is being responsive to local development and local governments and community participation.
Part of the challenge in Gauteng is the land scarcity in which some of the underutilised land is not conducive to human settlement – it is wetlands and also has dolomite. The transformation of hostels into family units is under way in some parts of the province. The presentation by the executive council of Gauteng was informed by the 15-year governance review and the current priorities of the Gauteng provincial government. The presentation captured the progress made since the installation of the current political leadership and outlined a comprehensive programme with timeframes, which demonstrates that the Gauteng provincial government is on course in meeting its deadlines of the Kuyasheshwa five-year programme, which puts the province at the cutting edge of creating a better life for all.
The delegation from the Mogale City Local Municipality was led by the speaker, and together with a member of the mayoral committee and councillors they presented to us the challenges and plans for alleviating and addressing the backlog in housing. There are plans at Mogale City to build 25 174 houses at Rietvallei, Tarlton, Muldersdrift, Munsieville, Kagiso and Magaliesburg between 2009 and 2014 so as to address the housing backlog. The challenge so far that has been experienced with Mogale City is the purchase of land. The problem is that mine and private owners cause the land to be expensive and priced out of the market, which causes a problem for resettling the people.
Another problem is the lack of identity documents. The delegation was informed that a recent survey conducted by a staff member from the Mogale City housing division revealed that a substantial number of South Africans living in informal settlements do not have identity documents. Not having an identity books starts from not having a birth certificate. A person who does not have an identity book cannot register for a housing subsidy. In terms of the intervention by the NCOP, the matter must be brought to the attention of the Department of Home Affairs so that instructions can be filtered down to local departments to undertake campaigns in informal settlements. People in need of identity documents must be assisted. This is crucial in the formalisation and upgrading of the informal settlements, otherwise people will continue living in squalor in underdeveloped settlements. There is therefore a call for an increase in the number of mobile offices for easy access.
The objective of the Munsieville Urban Renewal Programme is to rejuvenate the old township by installing storm-water drains and sewerage systems, creating a healthy and conducive environment. The programme, however, is running short of funds. The unavailability of land is a problem because most of the land in Mogale City is not suitable for habitation and is also full of dolomite.
There is a huge informal settlement at Rietfontein with illegal land invasions. The rapid growth of the informal settlement threatens the municipality’s developmental plans. Most of the inhabitants do not have identity documents, while a large percentage constitutes immigrants from other countries. Private-property owners often evict farm labourers who have been residing on the land for many years. These farm labourers do not have alternative accommodation, and this we condemn in the strongest terms.
There are recommendations on the lack of land. Owing to the lack of land for poor communities and considering the fact that the local municipality and the provincial government are unable to buy privately owned land to resettle communities and build houses in safer areas, a proposal was made that the willing-buyer, willing-seller policy be reviewed.
The mining companies that are responsible for reckless and unsafe mining practices should get punitive and heavy financial fines as a form of restitution to communities and government. The relevant department of the Gauteng provincial government should speedily intervene in educating former farm labourers who work for years on the land where they were born and private-property owners who evict them without compassion for children and women.
The Chris Hani Baragwanath Hospital delegation was led by the hospital board chairperson and the acting chief executive officer. The Lilian Ngoyi Community Health Centre delegation was led by the chief director. The Lilian Ngoyi Clinic is the only clinic that closes at 10pm, and when the other clinics close at 4pm the patients are referred to the Lilian Ngoyi Clinic. The Chris Hani Baragwanath Hospital is exploring the possibility of operating 24 hours daily. Organised labour was part of the meeting.
In conclusion, the delegates noted and appreciated the sterling work of Mr Siphiwe Msimango, who has been volunteering his services at the Chris Hani Baragwanath Hospital for the past 10 years. Thank you, hon Chairperson. [Time expired.] [Applause.]
UMntwana M M M ZULU: Sihlalo walo mhlangano wale Ndlu ehloniphekile, amalunga ale Ndlu ahloniphekile. Laphaya ngomhlaka-7 ukuya kumhlaka -11 Septemba 2009 kwaba nokuhlangana okuhle phakathi kwethu esimele iKwaZulu- Natali kule Ndlu noNdunankulu wesiFundazwe kanye namalungu akhe omkhandlu ophethe kuleya ndawo.
Saba nomhlangano omuhle futhi nozihlalo bozihlalo bamakomidi bonke besilandisa ngokuthi asebenza kanjani amakomidi abo. USomlomo nePhini lakhe, noSotswebhu weqembu elibusayo neliphikisayo saba nokuhambisa okuhle kakhulu kuwo wonke amaprojekthi akhona anjenge -Dube Port nalapho sabona khona ukuthi isikhumulo sezindiza esikhulukazi saseThekwini siyaphela.
Kwaba ngumkhandlu waseMgungundlovu owaveza ngokusobala ukuthi izinkinga zawo zingakanani nalapho okufuneka basizwe khona wakubeka kwaba yinselele ukuthi uMnyango Wezasekhaya waleso sifundazwe kufudingeka ukwazi ukusiza. Kwaba nombuzo omkhulu mayelana nomasipala weTheku obizwa nge-eThekwini Municipality njengoba imeya kanye nemenenja yakhona bengakwazanga ukuhlonipha isimemo sezithunywa sokuthi bazothula umbiko mayelana nokusebenza kumaMasipala. Kwaba nenkinga enkulu yokubukela phansi izithunywa ngumasipala waseThekwini ngokubona kwami.
Ngenkathi ngibuka indlela uMkhandlu Wezifunda osebenzisana ngayo namasipala basekhaya ayaicacisi kakhle ukuthi kumele kusetshenzwe kanjani, njengokuthi balekelela uma kwenzenjani komasipala abancane basemakhaya. Ngithi-ke ngokwami isonto lokuvakasha lokubuyela esifundazweni ngalesekela kakhulu, ngalibuka nokuthi laba nokusebenza okuhle nokuthi kube nokuxhumana nokwazi izinto ukuthi kufanele zihanjiswe kanjani kuyo yonke into.
Ngithi kunguumsebenzi omkhulu wale Ndlu ukuqinisekisa ukuthi iziFundazwe ziyakwazi ukuletha kuhulumeni kaZwelonke izikhalazo zazo noma izinto abafisa zenzeke. Ngiyabonga. (Translation of isiZulu speech follows.)
[Prince M M M ZULU: Hon Chairperson of this august House, hon members of this House, a meeting was held from 7 to 11 September 2009 between us, as I’m representing KwaZulu-Natal in this House, and the Premier of the province and the members of his council which is in charge of that area.
We had a fruitful meeting and all the chairpersons of the committees explained how they operated. The Speaker, the Deputy Speaker, the Chief Whips of the ruling party and the opposition party worked well on all the existing projects like the Dube Trade Port, where we saw the biggest airport of EThekwini which was nearing completion.
The Council of uMgungundlovu District shared with us all the challenges that they face. This was done in a manner which challenged the provincial district to intervene in their dilemma. There was a concern over the absence of the Mayor and the Manager of the EThekwini Municipality who failed to honour the invitation by the delegates who wanted them to present how they operated, which was insubordination in my view.
If you look at the way the district council and local government work together, I have observed that there is no clarity in terms of their role in assisting the small municipalities. I supported the week-long visit to the province. I also observed that there was good working relations and communication and everybody knew the plan of action.
One of the core functions of this House is to ensure that the provinces are able to submit their grievances or things that they wish to see happening to national government. Thank you.]
Mr L P M NZIMANDE: Hon Chairperson, hon members, special delegates, ladies and gentlemen, we arise from the province of KwaZulu-Natal, part of the unitary state of South Africa. We are happy to be a province of South Africa and not a province on our own, despite having a kingdom that we are also proud of.
I come from the province of KwaZulu-Natal, but I am a member of the ANC who is proud to lead KwaZulu-Natal. [Applause.] I am thankful that the voters voted overwhelmingly on 22 April 2009 in asking the ANC to undertake commitments as they are contained in the priorities of the manifesto that was sold to them.
The manifesto included, amongst other things, paying full attention to rural development and agrarian reform; making sure that crime is attended to, differently to before; and that the health status of our people’s needs are attended to by ensuring that there are effective reforms in health care, that the ground is prepared in the province to deal with the expected national health insurance, which will assist in making sure that poor people have full access to health services, and that health services are enhanced and there is better investment in them.
As we know, as a province we are faced with tuberculosis, with multidrug- resistant tuberculosis, HIV and Aids and many other health-related diseases that are also escalated by poverty. Part of the priorities contained in the manifesto deal with food security matters, and we are worried in the province by the fact that land reform is not equal to the usage of the land. We urge the people of KwaZulu-Natal …
… ukuthi basukume bakhe. [… to start doing something about their plight.]
We would like to ensure that they are involved and empowered. That is contained in the manifesto and it was in the provincial address by the premier in which he gave all of us tasks to undertake and commit ourselves to.
When the permanent delegates visited KwaZulu-Natal during the provincial week, we met with the speakership and the whippery on the first day, and we met with MECs of Co-operate Governance, Education and Rural Development. For us it was revealing how committed the government is to the people: the integrity of the leaders of those institutions who briefed us on the work they are already undertaking and the heads of the departments that they are employing to do the work.
We also met with the KwaZulu-Natal Local Government Association, Kwanaloga. For the past few years Kwanaloga and Salga have been receiving qualified audits. The role of Kwanaloga and Salga in supporting municipalities, capacitating and guiding them has always been questioned. But at our meeting with them we saw a turnaround plan when the new CEO of Kwanaloga, Mr Cele, shared with us how seriously worried Kwanaloga is about the support for municipalities - human resource-wise and capacity wise.
We also met with the Premier of KwaZulu-Natal and the executive council. In the briefings with them we were informed about the plans that were in place and the resources that were available to tackle the issue of service delivery in the province.
Part of the briefing was about a necessary campaign to tackle food security. The campaign “One home, one garden” is a campaign that KwaZulu- Natal has undertaken to ensure that people do stand up and have greening in their houses. We are starting to tackle the scourge of food insecurity amongst the people. [Applause.]
Matters that were challenges for us, as raised by the briefings, entailed the problems around water and sanitation. This, we believe, is a national problem and the Department of Water Affairs and water service authorities need to look seriously into water conservation and the problem of water scarcity. This is because rural development, agrarian reform and food security are dependent on water, so if we were to honestly tackle them we need water.
However, we are glad that efforts are being made. For instance, we were informed of efforts to deal with the problem of Jozini Dam, which is privately owned and which does not supply water to the surrounding areas – this dam is on fertile land in KwaZulu-Natal and the communities can’t access the water contained in the dam. This matter is being tackled and we hope it will be finalised and that people will receive water from this dam. This would change the lives of the people around Jozini Dam and on the Makhathini Flats.
We were also informed of the need for co-ordination between the legislature and the NCOP, particularly in ensuring that we play our role of monitoring, evaluating progress and making sure that we assist in removing blockages to quality service delivery in the province.
We were also informed about the good work of the government in ensuring, for once and for all, that the problems of supply-chain management in the procurement of government services or the buying of goods and services by government would now be addressed. They must ensure that there is no corruption because it has been found to be a hindrance to service delivery in the province. Monies get wasted and government is being pickpocketed by some officials who are working together with businesspeople that are luring them into this wrongdoing. The plan is to work with the Special Investigating Unit and other investigating authorities to deal with the matter of corruption in government procurement.
With regard to the Dube Trade Port, we saw the potential of how it could contribute to the country and not just to the province. As I have already indicated, we are a province in the unitary state of South Africa. The investment of this government in the Dube Trade Port demonstrates its commitment to economic growth. We hope that in due course it will contribute to the economic growth of South Africa and ensure that we compete with all the exporters of the world – and that our rate of export trade will rise and assist in making contributions to our manufacturing and thus help the country to fight job losses.
In the province of KwaZulu-Natal we are thankful that the investment in peace made by the ANC has now yielded fruit. This investment has yielded fruit because there are indications of peace and stability. We believe that there wouldn’t be peace and development if there was no social stability amongst people. Hence, we believe that we are now empowering communities in conflict resolution amongst themselves as part of the campaign that the government has undertaken with the people. We support the report of the provincial week as the KwaZulu-Natal government and province. Thank you, hon Chair. [Time expired.] [Applause.]
The HOUSE CHAIRPERSON (Mr R J Tau): Order! I now take the opportunity to call the hon Masoga, standing committee chair on public participation in Limpopo.
Mr L MASOGA (Limpopo): Hon Chairperson Tau and hon members, I have the honour of informing this honourable House that the Limpopo legislature convened a special sitting on 3 November 2009 to consider the report of the NCOP that we are considering this afternoon.
In our deliberations the Limpopo legislature welcomed this report as a very helpful instrument and as a very objective and honest instrument that will help us in our oversight work.
In considering the report we made certain observations. One of the observations is about a paragraph contained in the report on page 32, which says:
The NCOP delegation of Limpopo has noted the progress made by the province to improve service delivery. The province has overcome a number of obstacles and met a number of challenges facing service delivery. It was noted that the provision of basic services continues to reach people on the ground. The Polokwane welfare complex was noted as one of the best in the country, with similar arrangements established in Gauteng and the Free State.
In general, the delegation noted the delay experienced in the province with housing delivery, the challenges faced with access to water and sanitation, electricity and roads and inadequate storm-water drainage systems.
In addition, the condition of schools and the performance of matriculants are serious cause for concern, while there is also a need to make serious interventions at Philadelphia Hospital.
This summarises the essence of what is contained in the report about Limpopo. In our reflections we made certain observations, which are contained in the report. Among other things, we placed strong emphasis on the areas of housing, health and social development.
One of the concerns that the report notes is that of contractors who leave RDP houses incomplete. It has been reported and brought to our attention that all the contracts of all the nonperforming contractors in the province have been terminated henceforth and replaced with well-capacitated contractors.
Another concern was around the quality of the houses that are being built by contractors. It has been reported that all urban and rural projects have enrolled with the National Home Builders Registration Council for warranty purposes.
Another concern raised was around the lack of commitment by contractors, leading to spending without them necessarily completing the houses they have been building. The Limpopo department of local government and housing has assured us that they only release payments for contractors that have completed their work. Payments are only made for work that has been completed.
A concern has also been raised around the issue of the lack of monitoring and evaluation of projects. Of course the work that is being done by our government includes, amongst other things, the joint inspection that is conducted by the Limpopo department of local government and housing, project managers together with municipal inspectors, and the NHBRC project inspectors.
Furthermore, a concern has been raised in the report around the design of houses that do not necessarily take into account the challenges facing our people living with disabilities. The department looks at the beneficiary list in terms of the work it is providing, and if houses are sought for the benefit of members of the community living with disabilities, particular adjustments are made to the designs, including the provision of ramps.
There have been reports on the so-called blocked housing projects in the province. I wish to report to this House that indeed the blocked project problem in the province is history. That is yesterday’s story. All the previously blocked projects have been completed successfully. [Applause.]
The problem of contractors that run away, leaving behind projects for which they have already been paid, is also history because we have tightened the system and it no longer accommodates such unscrupulous contractors.
The concern that was raised with regard to the standard of buildings observed in Extension 44 has been dealt with successfully, including the completion of outstanding projects which were meant to be completed by December 2009.
We wish to report to this House that the contracts of nonperforming contractors at Extension 44 have been terminated with immediate effect and replaced with a well-capacitated contractor. [Applause.]
The hon member Makhubela raised a concern here regarding the Tau and Sebaila family in GaMaponto. We wish to report to this House that the Tau family house will be completed, according to the report that we got from the service provider, by Friday this week. [Applause.] The house that is meant to benefit the Sebaila family will be completed by next week Friday, according to the commitment made by the service provider. [Applause.]
Another concern that has been raised in the report relates to the challenge with regard to qualified audits that our municipalities are continually receiving. During the month of September the province launched what we call the “clean audit operation”, which seeks to ensure that, as we move towards the end of the financial year, we reduce the number of municipalities that continually receive qualified reports.
Again, in terms of health and welfare, the report noted the strides that we have made with regard to the Expanded Public Works Programme. The department of health and social development has contributed to the national target of job creation by creating 8 482 work opportunities through the following work programmes of the EPWP: Home-based care created 4 698 job opportunities; malaria control created 252 job opportunities; the social development branch created 2 937 job opportunities; the Masupatsela Youth Pioneer Programme created 275 job opportunities; the Manyeleti Youth Academy created 220 job opportunities; and the substance abuse programme created 100 job opportunities. These are some of the interventions that our government is making to improve the quality of life of our people.
The report raised an observation regarding the Katlehong drop-in centre, with regard to the issue of the acquisition of land. When we made investigations, we discovered that indeed the centre does not own the site on which it is located, and the department, working together with the local stakeholders, has engaged the local school, Molamu School, which will provide a piece of land inside the school, particularly in view of the relationship between the school’s facility and the drop-in centre.
Our department is also making efforts towards helping with the funding of that drop-in centre. The department will strengthen the current monitoring and support system for the drop-in centres through the involvement of the local NGO forums and the local municipalities to ensure that they receive the necessary assistance.
On the question of the mushrooming of drop-in centres, the department will be implementing the new Children’s Act. The regulations on the registration of drop-in centres to curb the mushrooming of centres will come into effect from 1 April 2010.
The report also raises an issue regarding adoption services. The challenge around the adoption of children is recognised. The department is not making significant progress in this regard, because adoption is the permanent placement of children with families and most African families are still reluctant to adopt, because adoption comes with added responsibilities for the family, especially recognising that there are still high levels of poverty in the province, particularly within the African communities.
The department will intensify the marketing of adoption services through campaigns so that our communities do understand the importance of this programme.
With regard to primary health care, the number of clinics that provide 24- hour services had risen from 74% to 81% by the second quarter of the 2009- 10 financial year. The availability of medicines at clinics stands at 88%, although it remains a concern to us as the legislature. We still have a challenge with the distribution of medicine, and the system is being reviewed.
The HOUSE CHAIRPERSON (Mr R J Tau): Hon Masoga, unfortunately your time has expired.
Mr L MASOGA (Limpopo): The last point is on antiretroviral research, which we have increased from 64% to 65%. Thank you very much, Chairperson. [Applause.]
Mr S P D SKHOSANA (Mpumalanga): Hon Chair Tau, hon members of the NCOP, representatives of Salga, we, the Mpumalanga provincial legislature, hereby declare our profound gratitude to be granted this rare privilege and opportunity to address this esteemed House. Indeed, it is an exceptional honour to address the National Council of Provinces, and we are highly delighted.
From the outset, we also want to express our heartfelt gratitude to our NCOP permanent delegates, namely the hon Boroto, the hon Mashile, the hon Themba, the hon Nyambi, the hon Watson and hon Sibande, for their dedicated visit to our province during the provincial week of September 2009.
They came to ascertain, inter alia, the actual causes of the service delivery protest action that was manifested in the various local municipalities, particularly at the Mkhondo Local Municipality, to assess the type and quality of service delivery being rendered in the municipalities. They also came to further determine the course of action the Mpumalanga provincial leadership had undertaken to deal efficiently and effectively with the factors that had given rise to the violent protest action.
We hereby confirm that the aforementioned NCOP permanent delegates interacted with various stakeholders in the province, namely the provincial speakership, provincial presiding officers and the secretary of the legislature, on issues such as the overview of oversight work between the legislature and the NCOP. This incorporated, firstly, overseeing the national departments that are rendering service delivery in the province; and, secondly, dealing with the matter of section 76 Bills, especially the issue of timing, when the Bills are referred to the province. This is critical because many a time Bills are referred on short notice and are written in English, which really inconveniences the public when they speak the vernacular.
Over the past few months, the province has experienced a number of service delivery protests in some of our municipalities. These protests have challenged the government, but I want to assure you that we have our finger on the pulse and we are doing everything we can to deal with these challenges.
It is unfortunate that during these periods of unrest we experience acts of violence, destruction of property and, in some instances, loss of lives. The estimates we have received so far puts the damage to state property at about R90 million. We hope we shall never have to go through this pain again.
During this period one thing that has been very clear is that we are committed to working with communities to resolve all these problems - that we will stay in those communities until these problems have been resolved.
The provincial executive, led by the honourable Premier David Mabuza, has worked tirelessly to restore calm and order in the affected municipalities. Today, standing here, it is encouraging to note that we are beginning to see positive results in dealing with community issues.
I am quite aware that you are very concerned, hon members, about the situation in the province - and, indeed, if the media reports are anything to go by, then you have every reason to be worried - but I must hasten to add that the good stories have not been told; only a negative picture has been created.
Whilst the gloomy picture is painted of a local government falling apart, I must tell you that a lot of hard work has been done by the province to improve our municipalities. Today, as we speak, more than 70% of the households in the province have access to clean water, more than 71% have access to electricity and many more have access to basic sanitation and decent housing.
As we are all aware, the ministerial task team visited all the municipalities and interacted with different stakeholders. Some of the key findings of the task teams have indicated the following. There is tension between the troika plus one; there is factionalism, external influence and limited political management of oversight by councils; there are high vacancy rates in critical positions; and there is a lack of critical skills, such as technical finance, project management and planning. All these have contributed to the challenges that are faced by our municipalities.
The performance of such municipalities has not been very good. This has forced the government to make some interventions as prescribed by legislation. The MEC has had to institute section 106(1)(a) or 106(1)(b) of the Local Government: Municipal Systems Act, Act 32 of 2000, as well as to invoke section 139(1)(b) of the Constitution of the Republic of South Africa.
The following four municipalities were put under administration: Mkhondo, Pixley ka Seme, Thaba Chweu and Lekwa. I must state that this was the last resort after we had tried numerous interventions to assist them. We hope that we will not have more municipalities put under administration in future.
The Mkhondo Municipality has been plagued by silent tensions between the municipal office bearers and its community. That is why our NCOP delegates, together with us, had to do the site visits. The brewing tensions resulted in protests organised by the concerned group of the community on 15 June 2009.
A memorandum was subsequently submitted to the municipality, with details of concerns and allegations that we felt were very genuine. The key issues raised in the memorandum can be summarised as follows: allegations of fraud, corruption and maladministration; nonadherence to supply-chain management policies; abuse of the allocation of credit cards; lack of service delivery; public-participation processes not being followed; and nepotism in appointments. Hence, section 139(1)(b) was instituted with regard to that municipality.
As I conclude, we believe that if all stakeholders really read the report thoroughly and accepted the 17 recommendations as reflected on the report, we would succeed not only in normalising the situation but also in eliminating the causes of poor, or lack of, service delivery.
On 22 April 2009, our people again, for the fourth time, put their confidence in this glorious governing party, the ANC, the ANC of O R Tambo, Walter Sisulu and Nelson Mandela, and led today by President Jacob Zuma. We dare not fail them.
Kindly allow me to quote from the Freedom Charter as adopted at the real Congress of the People in Kliptown on 26 June 1955, where our forebears said the following:
There shall be houses, security and comfort!
All people shall have the right to live where they choose, be decently housed, and to bring up their families in comfort and security;
Unused housing space to be made available to the people;
Rent and prices shall be lowered …
Slums shall be demolished, and new suburbs built where all have transport, roads, lighting, playing fields, crèches and social centres …
Fenced locations and ghettoes shall be abolished …
Through these unwavering commitments, which were made 54 years ago, the human dignity and self-esteem of our people shall indeed be restored and the frontiers of poverty and inferiority completely eradicated. We support the report of the Provincial Week as tabled. Hon Chair, I thank you very much. [Applause.]
Ms A N D QIKANI: Hon Chair, hon members, special delegates and representatives from Salga, let me join the rest of the speakers in expressing appreciation for the work of the hon members of the National Council of Provinces and provincial legislatures during the Provincial Week.
We are indeed humbled by the amount of information that was gathered on the condition and progress that provinces and municipalities are making in delivering services to our people. We are convinced that this information will enhance our oversight work. We will continue with our commitment of ensuring a better quality of life for all our people.
For many years, women in South Africa were vulnerable. Women were faced with negative perceptions that were also coupled with discriminatory legislation, practices and polices, which restricted their participation and empowerment in most spheres of life in the country.
The demise of apartheid in 1994 echoed deliberate efforts by the ANC to systematically dismantle apartheid and create a democratic society, based on the principles of equity, nonracialism and nonsexism. The ANC remains committed to ensuring the advancement of the lives of women, particularly those in rural areas. We remain committed to ensuring that women are also beneficiaries of programmes and initiatives in all the provinces and municipalities. We say this because as the ANC we see the advancements and empowerment of women as the cornerstone of the struggle for equality.
The Constitution of the Republic of South Africa and other pieces of legislation provide the legal framework for equality and nondiscrimination of our people, especially in the provision of resources. However, the Provincial Week report clearly shows that the challenges in some provinces remain the implementation of these commitments. We are aware and appreciate the efforts of some provinces and municipalities for prioritising women in the delivery of services in communities.
We are also concerned that in some provinces and municipalities, women are left out from benefiting from government services because they are poor, unemployed, unskilled, lack opportunities and are deliberately ignored. The ANC is mindful of the fact that, currently, approximately 52% of South Africa’s total population are women and that half of them, almost 47%, live in rural areas.
This then says that poor service delivery has a negative impact on women’s emancipation and empowerment. When councillors do not do their jobs, the impact on women is felt 10 times more. When communities do not have access to water and sanitation, it is the women who are largely affected. This also says that to empower women is to empower our nation. Indeed, freedom cannot be achieved unless women have been emancipated from all forms of oppression, neglect and systematic discrimination.
The ANC recognises that education is the driving force for economic, social and political development and prosperity. We say this because we are aware that education creates choices and opportunities for people and communities. It reduces the burdens of poverty, unemployment and disease. We are also aware that, for many years, women and girllearners have often suffered gender discrimination, stereotyping and oppression within the education system. This substantially affected their participation in various fields and in acquiring certain skills and levels of education.
While we recognise the progress that has been made at a national level to expand women’s access to education, we are mindful of the distances that many rural children are still travelling to access education opportunities. In some rural areas there are no facilities for adult education. We will continue to ensure the transformation of our education system, and ensure that more resources are allocated to rural schools and educational programmes and facilities for women.
We have noted in some provinces that access to land remains a major constraint for women. Land reform programmes and the tendency to break up communal land parcels, especially in areas of tribal and customary tenants, have almost exclusively transferred land rights to male heads of households.
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. The report also indicated that although rural women are assuming an increasingly prominent role in agriculture initiatives as producers and providers for food suppliers, they need more support. 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.
In conclusion, we are aware that there are still those among us - and political parties - that believe that the position and role of women is in the kitchen. We are also mindful of the deliberate efforts of some parties to undermine the progress and commitment that our nation has made to advance women. We want to reassure this House that the ANC remains committed to the advancement of the lives of women. We will continue to ensure the advancement of the lives of women, irrespective of race, location and economic status. We will fight to eradicate all discriminatory laws and practices against women. We will ensure that provinces and municipalities prioritise women and that their lives are changed for the better. I fully support the report. I thank you. [Applause.]
Ms R N RASMENI: Chairperson, during the course of the Provincial Week, the North West NCOP permanent delegates conducted a visit to the province in order to meet with the premier, her executive members, the speaker, the chief whip of the legislature, the mayors, representatives from the SA Local Government Association and communities from selected municipalities such as the Ramotshere Moiloa and Ntsweletsoku municipalities.
The visit by the NCOP permanent delegates took place from 8 September to 11 September 2009. All NCOP permanent delegates to the North West participated in this visit.
The main purpose of the visit was to afford an opportunity to NCOP permanent delegates to interact with other spheres of government and the community in order to gain a fresh mandate for this Council and deliberate on issues of service delivery.
This visit to the province was informed by the NCOP’s theme: “Working together to ensure the delivery of quality services to communities”. This visit was also informed by what President J G Zuma confirmed in his fourth speech to Parliament, when he said:
On 9 May 2009, during the presidential inauguration, we made a commitment to our people and the world that, for as long as there are South Africans who die from preventable diseases; for as long as there are workers who struggle to feed their families and who battle to find work; for as long as there are rural dwellers unable to make a decent living from the land on which they live; for as long as there are women who are subjected to discrimination, exploitation or abuse; for as long as there are children who do not have the means nor the opportunity to receive a decent education, we shall not rest, and we dare not falter in our drive to eradicate poverty.
In our first meeting with the premier and the executive council, we received reports from each member of the executive council. These reports focused on priorities, programmes, successes, challenges and solutions.
From our interaction with the executive council, there were certain issues that we observed as the delegation and that needed the attention of the NCOP. They were: the service delivery infrastructure backlogs, which were estimated at R13,2 billion over the 2010-11 year, based on recently submitted infrastructure plans; municipal support experiencing challenges in areas like financial management capacity, viability and continuity of technical and management resources; insufficient funding across all departments, preventing departments from fully implementing their programmes; scarce skills; the illegal evictions of farmworkers from farms – a practice that is still prevalent in the province; inadequate infrastructure, particularly in rural areas; a shortage of educators; and inadequate training of councillors in order for them to master their duties.
All municipalities are in dire need of water reservoirs. Demonstrations for water in the Ngaka Modiri Molema district are a classic example of the extent of this problem. The rest of the observations are provided in the report reflected in the ATCs.
The ANC government has unequivocally made its commitment towards service delivery issues. That is why the Minister of Basic Education, Ms Motshekga, has recently announced the 10-point plan to address immediate challenges within her department; that is why the Minister of Health, Dr Motsoaledi, is also talking about a 10-point plan focusing on health priorities that need immediate attention; that is why the Minister of Co-operative Governance and Traditional Affairs, Mr Shiceka, has set up a task team to establish the challenges faced by municipalities across the whole country.
All these interventions demonstrate that the ANC-led government is committed to its promises or commitments. We don’t make empty promises; we stick to our word. If we experience challenges, we go back to the people through izimbizo, taking Parliament to the people, and other forms of communication, to inform people of the bottlenecks we are experiencing.
There is no doubt that the ANC-led government is providing leadership at all times, and that government is in the right hands. We hope that the Medium-Term Budget Policy Statement announced by Minister Pravin Gordhan will offset some of the financial challenges our provinces are experiencing and translate these into better quality services.
The interaction by the NCOP delegation with communities was highly appreciated and welcomed in the province. It was the first of its kind. Let me hasten to mention that the Ramotshere Moiloa and Ntsweletsoku communities demonstrated a lot of enthusiasm and excitement during discussions and it was difficult to draw the meeting to a close. My colleagues here can attest to that.
Out of these interactions with different stakeholders in the province we have suggested several recommendations that require consideration by each department in the North West for immediate or later implementation. We will monitor the implementation of these recommendations by means of our frequent visits to the province. Through this approach we will be able to monitor service delivery and its impact. All these interventions will translate into quality services for the communities.
There are a number of positive programmes that have been implemented successfully in the North West, such as the opening of an additional health unit in the Job Shimankana Tabane Hospital in Rustenburg, the selection of students to study medicine in Cuba, and many other programmes that are successful.
These initiatives will increase the intake of patients and ease the high levels of congestion in these hospitals. Training additional doctors means that the North West government is addressing the shortage of doctors and providing better quality services to the people. This displays the extent of the commitment of the ANC to its goals and priorities.
The North West province is proud to be chosen as one of the provinces that will host the 2010 Fifa Soccer World Cup tournament. The province is ready to host this tournament. During the Confederations Cup earlier this year, we hosted about four successful matches at Rustenburg without major incident.
The Local Organising Committee, the Departments of Sport and Recreation and of Arts and Culture and other sister departments are well on course with their plans. This observation was supported by the LOC nationally when they recently came to make their presentation to the Select Committee on Education and Recreation and reassured everyone that it was all systems go.
The challenges experienced during the Confederations Cup will be avoided at all costs. The province has developed a master plan, which is aimed at addressing those challenges. All 24 soccer and rugby games to be played in the province will be used as practice games and will activate all stakeholders for the implementation of the master plan.
To ordinary members of the community this means they will be able to participate and play a pivotal role in the 2010 Fifa Soccer World Cup tournament by offering their services and becoming volunteers. Our people will be able to sell their products, such as imibhaco and iinkciyo, to visitors who will be coming into the country. Our people will be able to open up their homes and accommodate visitors at a reasonable price. Our people will be able to sell African cuisine, such as umngqusho, mogodu, amadumbe, umphokoqo namarhewu. They will be able to market South African products through which these visitors may develop an interest in our country and visit again at another time. Only the ANC government can make all these opportunities possible. Viva to the ANC!
The NCOP provincial week report reflects the material conditions of our province as a whole. Through our oversight, we will ensure that the NCOP’s theme is made a reality and the President’s commitments fulfilled. This report is supported by the province. Thank you very much. [Applause.]
Mr G G MOKGORO: Chairperson hon Tau, the Chairperson of the NCOP, the Chief Whip of the NCOP, hon members, distinguished guests, I want to enter the debate by reminding the House of the inspiring words that were uttered by the former President of the ANC, and the first democratically elected President of South Africa, Comrade Nelson Mandela, when he said on 20 April 1964 at the Pretoria Supreme Court:
During my lifetime I have dedicated myself to the struggle of the African people. I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal which I hope to live for and to achieve. But if needs be, it is an ideal for which I am prepared to die.
Madiba is a truly dedicated leader, a servant of the people who worked tirelessly for his country in the quest to achieve freedom and prosperity. He laid the foundation for the country’s achievement. As we embarked on the Provincial Week as public representatives and servants of the people, some of us were inspired and motivated by these words of the former President. Indeed, his words are still true, as they were then. It is through this background that President Jacob Zuma made an earnest plea and a call to the nation to protect and defend the legacy of former President Nelson Mandela.
We must acknowledge that the Provincial Week programme turned seven this year, having come into existence in August 2002. We must thank those who initiated this programme before us, and its relevance is still important in the life of the NCOP. I would just like to tell the House that the idea of taking the government to the people emanated from and was initiated by the Northern Cape provincial government. The idea of the NCOP Provincial Week is actually a continuation of bringing that idea further down to the people.
The permanent delegates of the Northern Cape listened to the people of our province during the Provincial Week by rolling up their sleeves in an effort to address their needs. The interaction between ourselves, the permanent delegates, and the Northern Cape province was further entrenched by the principles of co-operative and intergovernmental relations. Section 40(1) of the Constitution provides that, in the Republic, government is constituted as national, provincial and local spheres of government, which are distinctive, interdependent and interrelated. Section 40(2) provides that all spheres of government must observe and adhere to the principles of co-operative governance and intergovernmental relations and must conduct their activities within these parameters.
The Northern Cape province is sparsely populated. As permanent delegates, we were, of course, guided by the theme: “Strategic mechanisms for strengthening the representation of the provincial interests in the National Council of Provinces”. We also underpin the theme with the following objectives: to enhance dialogue and interaction between the NCOP and the people of the Northern Cape; to provide an opportunity for the NCOP to communicate its programme of action and the progress being made; to listen to the people about problems needing attention - blockages in implementation of policy areas that may need review; and to enable the NCOP direct access to what people say and feel about government and service delivery and to listen to their grievances and advice about the pace and direction of government work.
During the Provincial Week, we informed our province that since the start of the Fourth Parliament, no Salga delegates had represented the Northern Cape in the NCOP. We made this reminder to the Northern Cape government in order to be able to sensitise Salga to execute their responsibility.
MECs from the province had also not participated in the policy debate on the budget. We have appealed to the province. Our request is based on the premise of a closer working relationship between the NCOP and the local government, given the important role played by municipalities in the provision of quality services to the people. During our strategic plan workshop this year at Lagoon Beach, Milnerton, members of this House agreed that local government is central to achieving the nation’s vision of better quality of life for all citizens, as it is the sphere of government that is at the coalface of service delivery.
Our report captures the following challenges, as faced by the municipalities in the Northern Cape: eradication of bucket system, electricity, water, indigent policies, waste management strategy, and landfill sites. The number of households that have access to piped water has increased to 94%. As many as 87,3% of households have access to electricity, and 73,2% of households have access to waterborne sanitation.
In conclusion, we are talking about building a developmental state. We need to develop and implement comprehensive rural development strategies. We say that we need to uplift the lives of our rural communities. We can successfully do so, if we have some of the natural resources available. During our Provincial Week, we were able to identify four possible developmental points, where there is water, land, people and sun. It is with these resources that we can strategically plan to engage women, train them and, with proper management, produce agricultural products for food security.
In my last debate in this House, I invited the hon Minister of Rural Development and Land Reform, Comrade Gugile Nkwinti, to visit the Northern Cape province so that he can see these natural resources and be able to formulate a clear idea for proper planning. I move that the report of the Northern Cape be adopted by the House. Thank you. [Applause.]
Cllr G WOLMARANS (Salga): Chairperson of the National Council of Provinces hon Mahlangu, hon members of the House, distinguished guests, ladies and gentlemen, allow me to convey the most profound apologies from the SA Local Government Association’s chairperson, Councillor Masondo, for his inability to attend this sitting. He is abroad at the moment and has requested me to convey his greetings to the President and to the members of this august House.
It is indeed an honour and a privilege to address this sitting exactly one month before we complete a full decade of democratic local government - since 5 December 2000. The recently conducted Provincial Week gave permanent delegates to the NCOP and members of provincial legislatures an opportunity to undertake oversight visits and interact with communities in order to get first-hand information on the needs and challenges that were confronting the public. They also visited projects that were implemented by both national and provincial government in the provinces to ascertain progress that has been made.
Salga has taken an active part in the provincial week and must register its appreciation for the manner in which it was allowed to play a constructive role in the successful execution of this event. We are firmly of the view that the enhanced interaction between the House and Salga will ultimately have a beneficial effect on meeting the needs and challenges of our communities across the length and breadth of South Africa.
The Provincial Week and, indeed, this debate took place and is taking place within the context in which, firstly, national and provincial government have committed themselves to supporting and monitoring local government in terms of the five-year local strategic agenda. Such monitoring and support took place within the five key performance areas identified by Cabinet, namely good governance, institutional transformation, finances and financial management, basic service delivery and infrastructure and local economic development. The Provincial Week undoubtedly indicated quite sharply to this House the successes and challenges of implementation of the five-year local government strategic agenda.
Secondly, the Provincial Week and this debate could not, and cannot, ignore the service delivery protests that gripped the country until now. The President, in his recent address in Khayelitsha, in the Western Cape, to mayors and municipal managers, adequately and aptly captured the current local government situation. He indicated, firstly, that discussions about service delivery take place against the backdrop of the impact of the global economic crisis, which is depleting the resources of municipalities; secondly, that many municipalities face serious governance challenges owing to internal political power struggles; and, thirdly, that there is a glaring need to strengthen the basic administrative system and institutional capacity of many municipalities.
As a consequence, the third aspect of the context within which this debate is taking place is the current process in which a turnaround strategy is being developed for government at local level. We are deliberate when we refer to “turnaround strategy for government at local level” as opposed to a turnaround strategy for local government as it is known. Please allow me to explain.
The Provincial Week has shown very clearly to this House the extent to which national and provincial government have experienced challenges in the delivery of services to communities in the areas of primary health care, housing, education, roads and transportation and the provision of identity documents. The consequences of such nondelivery are experienced most acutely at the local level, where communities often take to the streets to vent their frustration. It should be abundantly clear to this august House that a focus on a “local government turnaround” could be seriously misplaced, as it would shift the focus solely to local government as opposed to the whole of government where all spheres are responsible in one way or another for the delivery of services at the local level.
The need for a government-wide turnaround strategy is apparent with regard to the Provincial Week report. I will return to this point later. Please allow me to restate the point that as we gather on this important occasion, we are under no illusion that local government faces many challenges, but we remain optimistic. We know that we can do more, whatever the challenges that face us: ongoing urbanisation and migration, the need to grow our economy and create jobs, the extensive service delivery needs, the negative impact of a globalising world and the many complexities that we have to grapple with on a day-to-day basis in rural and urban and in big and small municipalities.
Turning to the report itself, and especially those aspects dealing with local government, it correctly highlights the internal challenges, as well as the external challenges being faced by local government. On the internal challenges, there is pervasive and corrosive presence of corruption, which robs our communities of the scarce resources desperately needed for sustainable service delivery. This scourge must be fought with all means at our disposal, and the leadership of local government and, indeed, organised local government is unwavering in its commitment to rid this sphere of this cancer by the sustained implementation of anticorruption policies and criminal prosecution of those found in flagrant disregard thereof.
A further internal challenge is the ever-growing backlog in the provision of basic service delivery. Although local government is doing well in the eradication of backlogs, as measured in terms of the 2001 census, urbanisation and migration to the cities have placed significant strain on the resources within those areas.
On the external challenges, the report notes the insufficient funding of the sphere of local government. Unfortunately, the basis for the allocation of financial resources to local government is the seriously outdated 2001 population census figures. This external factor has received serious attention at the recent budget forum, and government has been tasked with coming up with alternatives that will address this situation.
A second external challenge identified in the report relates to the powers and functions performed by national and provincial government at the local level. The provincialisation of health care has had a dramatic downward impact on the level of service provided to a number of communities, whether urban or rural.
This situation brings us to the question of how to address the challenges identified in the report and, more importantly, the role of the NCOP in the implementation of any strategy aimed at turning around government at local level. As indicated earlier, the Department of Co-operative Governance and Traditional Affairs is driving the development of a national local government turnaround strategy. This strategy will focus on turning local government around in the areas of governance, service delivery and infrastructure, financial management and labour matters.
A report titled “The state of local government in South Africa” has been developed, as well as a draft framework local government turnaround strategy. It must be stressed, however, that these documents are in the final stages of development and have not yet being signed off by the national executive.
Hon Chairperson, be assured that Salga and its member municipalities remain steadfastly committed to finding innovative solutions to achieving the goal of a better life for all residents and communities across the length and breadth of South Africa. I thank you. [Applause.]
Mong T E CHAANE: Modulasetulo ya kgabane le bahlomphehi ba kgabane, Modulasetulo, ntumelle ha re diela dikgala ke bue jwaloka Mosotho ke re: Ho tseba tshotleho ha se ho phela ka ho e bala dibukeng kapa ho qoqelwa ditshomo tsa yona, empa ke ho phela kahare ho yona. Ka mantswe ao ke rata hore ANC ke mokgatlo wa tshotleho, mme o tla dula o ntse o lwanela batho ba sotlehileng mmoho le ba sa sotlehang.
Haele mekgatlo e meng e jwaloka DA ke mekgatlo ya batho ba kgotseng. O tla dula o lwanela ba kgotseng. Haele Cope yona ke mokgatlo wa mahanapuso a latswitseng kgora mme ba tla dula ba lwanela ho kgora ba le bang. [Mahofi.] Ntumelle Modulasetulo ke re: Re le ANC re tla dula re lwanela ditokelo … [Kena hanong.] (Translation of Sesotho paragraphs follows.)
[Mr T E CHAANE: Hon Chairperson and hon members, please allow me, as we conclude, to speak in Sesotho and say: In order to understand suffering one does not have to only read about it in books or listen to stories about it, but one must also experience it. With these words I would like to say that the ANC is an organisation for the poor, and it will always fight for people who are suffering as well as those who are not suffering.
As for other organisations such as the DA, they are organisations for the rich. They will always fight for the rich. As for Cope, it is an organisation of rebels who have tasted wealth and therefore will always fight to keep it for themselves only. [Applause.] Allow me, Chairperson, to say that the ANC will always fight for the human rights … [Interjections.]]
The HOUSE CHAIRPERSON (Mr R J Tau): Is that a point of order, hon Bloem? Hon Chaane, just hold on. Is that a point of order?
Mr D V BLOEM: Chairperson, do you want me to make a point of order? The HOUSE CHAIRPERSON (Mr R J Tau): No, I am asking …
Mr D V BLOEM: I don’t have a point of order.
The HOUSE CHAIRPERSON (Mr R J Tau): So why do you rise and interject in the manner in which you are doing?
Mr D V BLOEM: Chairperson, he called my name.
The HOUSE CHAIRPERSON (Mr R J Tau): No, hon Bloem. Can we just respect the decorum of the House? There is nothing wrong with interjecting, but the manner in which you do it is very important. It will be extremely out of order and rude to stand up in the House and shout at an hon member, whilst they are speaking. I just want to warn you not to do that.
Mr D V BLOEM: Let me respond, Chairperson. Can I respond?
The HOUSE CHAIRPERSON (Mr R J Tau): Respond to what? Because I am warning you.
Mr D V BLOEM: No, Chairperson.
The HOUSE CHAIRPERSON (Mr R J Tau): I don’t need a response from you. I am warning you. Could you sit down?
Mr D V BLOEM: No, Chairperson.
The HOUSE CHAIRPERSON (Mr R J Tau): Could you sit down, hon Bloem?
Mr D V BLOEM: No, Chairperson. You see, Chairperson …
The HOUSE CHAIRPERSON (Mr R J Tau): Hon Bloem, I’m ordering you to sit down.
Mr D V BLOEM: Chairperson, let me respond.
The HOUSE CHAIRPERSON (Mr R J Tau): Hon Bloem, I am ordering you to sit down. Will you sit down?
Mr D V BLOEM: Chairperson, let me respond.
The HOUSE CHAIRPERSON (Mr R J Tau): Hon Bloem, I don’t want to say this will be the last time I say it, but I want to order you to sit down. Could you sit down? Please proceed with your speech, hon Chaane.
Mr T E CHAANE: Thank you, hon Chair. This year marks the seventh year of the Provincial Week visit programme since its inception in August 2002. Since then, our ANC-led government has achieved milestones in terms of delivering on the mandate of the people. It has indeed never failed on its promises, despite the challenges that we have had to go through.
One of the biggest challenges of our time remains the unwillingness of the so-called “minority parties” to work together with the party of the people, the ANC, to achieve more. Instead, we find the emergence of SMS parties, founded on the principles of self-enrichment, disguised as alternatives to the ANC.
True to its founding principles, the ANC, and its government, remains the champion of the people and the continent, and indeed the world admires it for that. As a true champion of the liberation of the people from the bondage of apartheid and its evil deeds, the ANC continues to win the battles for the poor and the less privileged. It continues to help others to achieve their goals and realise their dreams. It is the only party so passionate about the success of the whole nation.
We continue to fight and win not only our battles but also the battles of others, including those who refuse to be led and those who stay in palaces, because we know that not all of those who live in palaces are free. Some of them are still subjected to eating the remnants from the table of their master.
The ANC, even under the current economic hardships, remains a true advocate, defender and leader for the poor and voiceless, the father of the fatherless and mother of the motherless. This we have demonstrated through our unwavering support for the creation of sustainable quality jobs and the building of decent houses. This we have done by prioritising health issues and rural development, by making clean water available to the masses of our people, by combating crime to make South Africa a safe country, by stepping up our efforts to root out corruption and by building a nonracial, nonsexist and democratic nation.
Despite the many challenges that seek to be an impediment to our noble cause, the ANC continues to fight for the rights and honour of our people and not for personal aggrandisement, like other parties and leaders are doing. We continue to be passionate about the welfare, success and prosperity of less privileged South Africans.
Allow me to set the record straight and leave our opposition friends and colleagues with a few words of wisdom. The current challenges in the local sphere of government are not anything new. The ANC, as the chosen and trusted party to lead the nation as a whole, has realised all these challenges and investigated their cause. True to itself and to the people it represents, it was the ANC that first reported all these challenges and, not only that, came up with clear programmes that are aimed at addressing such particular problems.
Instead of giving support to the ANC, the opportunistic opposition parties in this country run around with these problems as if they are good watchdogs, when their real action is no more than …
The HOUSE CHAIRPERSON (Mr R J Tau): Is that a point of order, hon member?
Mr T HARRIS: Chair, may I just ask Mr Chaane if he is planning to debate the topic at all?
The HOUSE CHAIRPERSON (Mr R J Tau): No, no, no. Before you ask him a question, we need to ascertain first as to whether it is a question. Mr Chaane, are you prepared to take a question?
Mr T E CHAANE: There is no time, Chair.
The HOUSE CHAIRPERSON (Mr R J Tau): He says no. Proceed with your speech, hon Chaane.
Mr T E CHAANE: … run around with these problems as if they are good watchdogs when some of their leaders’ actions are no more than that of noisy little puppies whose job it is to make a lot of noise to irritate the bulldog. Today, they continue to make all the wrong noises instead of heeding the call, and the call is: Working together, we can do more. The call is for us to work together to ensure service delivery to communities.
This call was made with the clear understanding that even though they are in the opposition, we do need their support to overcome our problems as one nation. Instead of making a meaningful contribution to building a better life for all, they are quick to criticise and steal the show by going public with ANC-identified challenges.
Interestingly, they are extraordinarily silent when some of their own, such as the DA, continue to discriminate against women by appointing an all-male cabinet. They continue to be silent when the DA’s Mr Visser continues to insult women by saying that their place is in the kitchen. They continue to be silent when their Speaker makes statements to the effect that working black women in the legislature will be replaced by male farmers - boere.
The HOUSE CHAIRPERSON (Mr R J Tau): Is that a point of order?
Mr A WATSON: Chair, I rise on a point of order. The member speaking, or the delegate speaking, stated that the opposition refers to a woman’s place as being in the kitchen only. That is not true, and I ask you to rule on that.
Mr T E CHAANE: That is a statement your Mr Visser.
The HOUSE CHAIRPERSON (Mr R J Tau): The way I understood it, the member was making reference to a statement that was made by a Mr Visser in one of the legislatures. Please proceed with your speech, hon member.
Mr T E CHAANE: Le mo tshwarele ntate Watson o a tsofala. [We should forgive Mr Watson. He is getting old.] It is the same DA that today claims it can do better for our people when they are, in fact, failing to do the basic things, such as working together with the ruling party. In their minds and in the minds of those in which their seeds of white superiority and greed have germinated, it is quite good and commendable to be silent when black people are used as fronts in companies to have access to state funds. It is okay when crazy, racially charged people such as Mr Terre’Blanche make statements such as “The white man in South Africa is realising that his salvation lies in self-government in territories paid for by his ancestors” when we are all calling for unity and cohesion.
It is good when a white man mocks and insults a statesman and our honourable former President, Mr Mandela, at an entertainment venue like Sun City. To them, it is a joke and craziness when our people leave their homes in rural areas, which were a creation of apartheid, for the cities in search of a better life. The DA only sees that as a strategy to flock to the Western Cape for political gain, instead of realising how urgent and important it is to develop rural areas so that our people can stay in the comfort of their homes. [Interjections.]
The question that needs to be asked is: What good will the DA …
The HOUSE CHAIRPERSON (Mr R J Tau): There is a point of order, hon Chaane.
Mr D V BLOEM: Chairperson, I rise on a point of order and a question. The HOUSE CHAIRPERSON (Mr R J Tau): No. We need to separate the two. If it is a question, we need to ascertain whether the member is prepared to take it.
Mr D V BLOEM: It is a point of order.
The HOUSE CHAIRPERSON (Mr R J Tau): Raise your point of order, hon member.
Mr D V BLOEM: Chairperson, I want to understand: Is this part and parcel - Terre’Blanche - of the provincial visit?
The HOUSE CHAIRPERSON (Mr R J Tau): What is the point of order, because you are asking me a question?
Mr D V BLOEM: This member is out of order. This is not part and parcel of the provincial visit, because Terre’Blanche was not there when they visited …
The HOUSE CHAIRPERSON (Mr R J Tau): Hon member, don’t carry on. Hon Chaane, could you proceed with your speech, please?
Mr T E CHAANE: The question that we need to ask is: What good will the DA and its newly found coalition with the SMS party, Cope, do for our nation – what will they do that is different from what they are doing now? When will their supporters realise that the majority of them are only there for selfish interests?
The HOUSE CHAIRPERSON (Mr R J Tau): There is another point of order. Hon Harris?
Mr T HARRIS: This is a point of order. I would like you to make a ruling on whether it is appropriate for a member to give a speech on a topic without even mentioning the topic or dealing with it in any way at all?
The HOUSE CHAIRPERSON (Mr R J Tau): What is the point of order, hon Harris?
Mr T HARRIS: The question is: Will you make a ruling on whether it is appropriate for a member to make a speech that is completely unrelated to the topic being debated?
The HOUSE CHAIRPERSON (Mr R J Tau): You see, now if you want me to give a ruling on that matter … I mean, hon members, this is a debate. He is speaking on behalf of his party in this debate and I, seated here, cannot dictate to any member what to say. [Interjections.] It is a debate. It is only when, in a debate, a member makes certain statements that are offensive, that are disturbing and that are not parliamentary, and you raise an objection to them, that I can make a ruling on them. But if you ask me whether it is correct for a member to make a statement, it is not for me to decide; it is his way of debating.
Is that another point of order?
Mr A WATSON: It is a point of order, because you are referring to the Rules. The Rules of this House say that a speaker should stick to the subject for discussion. He has not once discussed the Provincial Week, which we are here to discuss. This is not a free-for-all.
The HOUSE CHAIRPERSON (Mr R J Tau): Order, hon members! Hon members, I am saying that I cannot dictate to anybody on how to make or present his or her point. Hon Chaane, proceed with the debate, please. [Interjections.]
Mr T E CHAANE: Modulasetulo, o ba tshwarele ha ba utlwisise. [Chairperson, forgive them because they don’t understand.]
In conclusion … [Laughter.] … I hope that hon members were listening as provinces presented the good work that the ANC has done in the country and the good plans that the ANC has that are supported by everyone. The reality is that one is not surprised when such orders are called now, because the reality is that the ANC is a good party. That is a fact, and it is that goodness that is a source of envy. The results of envy are nothing but evil deeds, hence the negative influence on our people, infiltration, the formation of opposition and directionless SMS parties emerging in a bid to compete with the ANC.
As the ANC, we remain focused on the cause of the struggle. As the leading party in government, we know that many of our challenges in this country are man-made. In that regard we are also fully aware that our words are loaded with power, and that is why the words we speak about our nation are words that will shape, build and establish national prosperity, unity, peace, progress and economic stability. We will continue to teach others, including the opposition. I thank you, Chair. [Applause.]
Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape. Report accordingly adopted in accordance with section 65 of the Constitution.
LOCAL GOVERNMENT: MUNICIPAL PROPERTY RATES AMENDMENT BILL
(Consideration of Bill and of Report thereon)
Mr M H MOKGOBI: Chairperson, hon members and leaders of the provinces that are with us here today, allow me to take the minutes given to me to submit to the House the amendments to the Local Government Municipal Property Rates Act. The Act has not been fully complied with by some municipalities in this country as a result of the various capacities these municipalities have. We are introducing here the Local Government: Municipal Property Rates Amendment Bill, Bill 12 of 2009.
The main objective of this Bill is to request the House to extend the time of validity of valuation rolls to allow municipalities to further process valuation rolls for these municipalities. It is very important that the House allows the extension precisely because you would know that the current Act lapsed on 2 July, allowing for there to be a vacuum in terms of the processes that are supposed to deal with property rates issues.
The Bill has only three clauses, with one key clause that requests the extension for the coming two years. This clause seeks to provide for the amendment of section 89(3) of the principal Act.
We are appealing for a decision so that once this decision is given the National Assembly will be able to continue with the processes hereafter. Up until now the assessment and microscopic analysis of the very same impact of the Act showed that municipalities were losing millions of rand as a result of noncompliance with this Act. Therefore to allow municipalities to access and continue collecting rates in the form of money will make it possible for the municipalities to eradicate poverty and respond to the many socioeconomic challenges that our municipalities are facing.
We would also make an appeal to the department that once the Bill has been passed, there is serious monitoring, evaluation, co-ordination and support so that we do not come back and request further extensions. Therefore, on behalf of the Select Committee on Co-operative Governance and Traditional Affairs, I submit this amending Bill to the House.
The rolls of about 13 municipalities are outstanding. In the interests of oversight by the various delegates of the House, I would mention that in the Eastern Cape we have four outstanding municipalities; in Limpopo we have one; in the Northern Cape we have three; in the Free State we have two; and in the North West we have three municipalities. So this will assist the permanent delegates, as we do oversight and go back to our constituency offices, to be able to do follow-up work and assist these municipalities in adhering to and ensuring that the valuation rolls are concluded.
The other matter that is not part of the amendment is that in the future we need to request the committee and the Houses to look at these animals, the property valuers - in fact, to check on their impact and the tools they are using in terms of assisting valuation systems. In that way, we will indeed conform with the slogan of “Working together we shall do more”.
The other thing that is not related to this is that I would want to congratulate the ANC leadership, which is so serious and passionate everywhere in this country in all nine provinces, on intervening when the poor, the weak and the vulnerable do not receive water because the water supply is cut … [Interjections.]
Mr D V BLOEM: … and Cope as well. [Laughter.]
Mr M H MOKGOBI: Cope will need to cope. They would never cope with the tactics of the ANC, the only organisation that has shown seriousness in the Western Cape with their interventions. I would like to congratulate our Chief Whip from the Western Cape on that effort. Let it be done forever and ever until there are better lives in Gugulethu, Khayelitsha and everywhere where there are these problems. Amen. [Applause.]
The HOUSE CHAIRPERSON (Mr R J Tau): Are you rising on a point of order, hon member?
Mr D V BLOEM: No, Chairperson. I just want to know if the member is prepared to take a question.
The HOUSE CHAIRPERSON (Mr R J Tau): No, unfortunately he has already concluded his speech.
Debate concluded.
The HOUSE CHAIRPERSON (Mr R J Tau): I shall now put the question in respect of the Second Order. The question is that the Bill be agreed to. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all political parties are present in the House to cast their province’s votes. Are all political parties present?
I shall now allow political parties an opportunity to make their declaration of votes in terms of Rule 63 if they so wish. Is there any political party that wishes to make a declaration?
Declaration of vote: Mr D V BLOEM: Chairperson, you see this is my declaration …
The HOUSE CHAIRPERSON (Mr R J Tau): Hon Bloem, are you as Cope making a declaration of vote?
Mr D V BLOEM: Yes.
The HOUSE CHAIRPERSON (Mr R J Tau): Okay, make the declaration.
Mr D V BLOEM: Chairperson, that is our chairperson as Cope: we support that chairperson and we have done very well over the past few days. We support.
The HOUSE CHAIRPERSON (Mr R J Tau)): Hon Bloem, you may sit down. [Interjections.]
The HOUSE CHAIRPERSON (Mr R J Tau): We shall now proceed to the voting on the question. Before I call for the voting, please note all of us must vote in terms of section 63, all of us, all members in the House. That does not mean delegation heads only.
Bill agreed to in accordance with section 75 of the Constitution.
CONSIDERATION OF REPORT OF PARLIAMENTARY OVERSIGHT AUTHORITY ON PROPOSED POLICY ON PARLIAMENT’S BUDGET
CONSIDERATION OF SECOND REPORT OF JOINT RULES COMMITTEE
Orders disposed of without debate.
Question put: That the Report of Parliamentary Oversight Authority on Proposed Policy on Parliament’s Budget be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report of Parliamentary Oversight Authority on Proposed Policy on Parliament’s Budget accordingly adopted in accordance with section 65 of the Constitution.
Question put: That the Second Report of Joint Rules Committee be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Second Report of Joint Rules Committee accordingly adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT – PROVISIONAL SUSPENSION OF MAGISTRATE C M DUMANI, A MAGISTRATE AT GRAAFF REINET
Mr B NESI: Chairperson, hon members of the NCOP, the Select Committee on Security and Constitutional Development considered a report on the provisional suspension from office of Magistrate C M Dumani, a magistrate at Graaff Reinet, pending the outcome of an investigation into his fitness to hold office as a magistrate as required in terms of section 13(3)(a) of the Magistrates Act, Act 90 of 1993.
Allegations of violence against women that include instances of sexual harassment, rape and domestic violence which embrace emotional, physical, sexual and psychological abuse are of a serious enough nature to warrant a separation of parties to properly investigate the allegations. The allegations brought against Magistrate C M Dumani are of such a nature that the select committee, without hesitation, approved his provisional suspension pending the outcome of the investigation.
The allegations deal with sexual harassment, allegations that as a committee we cannot condone. To give everyone implicated in this matter a fair hearing and for the investigation to progress unrestrained, it is necessary to provisionally suspend Magistrate Dumani until this matter is resolved. After reviewing the progress report from the Magistrate’s Commission, we wholeheartedly recommend that the Council approve the provisional suspension from office of Magistrate C M Dumani. Thank you, Chairperson.
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 agreed to in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT - AGREEMENT BETWEEN RSA AND GOVERNMENT OF HONG KONG SPECIAL ADMINISTRATIVE REGION OF PEOPLE’S REPUBLIC OF CHINA CONCERNING MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT - AGREEMENT BETWEEN RSA AND GOVERNMENT OF HONG KONG SPECIAL ADMINISTRATIVE REGION OF PEOPLE’S REPUBLIC OF CHINA CONCERNING SURRENDER OF FUGITIVE OFFENDERS
Mr A G MATILA: Chairperson, hon members, ladies and gentlemen, I present to this august House the agreement between the government of the Republic of South Africa and government of Hong Kong Special Administrative Region of the People’s Republic of China concerning two matters: one, mutual legal assistance in criminal matters; and, two, surrender of fugitive offenders.
As tabled in terms of section 231(2) of the Constitution, the agreement before the Council seeks to strengthen legal assistance in criminal matters between South Africa and the Hong Kong Special Administrative Region of the People’s Republic of China.
We live in a country where our tourism potential and hosting of sports events mean an influx of people from various countries and cultures. With our growing economy and increasing business ties with the People’s Republic of China, our doors are open to a world of possibilities but this also makes us vulnerable to a world full of abuse.
To strengthen the mutual legal assistance between our countries, it has become necessary to enter into this agreement so that South Africa is not used as a safe haven for criminals seeking to escape justice within their own countries.
After reviewing the agreement and the ramifications for South Africa, we wholeheartedly recommend that this Council approve the agreements of mutual legal assistance in criminal matters and the surrendering of fugitive offenders. I would therefore request the House to adopt these agreements.
Debate concluded.
Question put: That the Report on Agreement between RSA and Government of Hong Kong Special Administrative Region of People’s Republic of China concerning Mutual Legal Assistance in Criminal Matters be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report on Agreement between RSA and Government of Hong Kong Special Administrative Region of People’s Republic of China concerning Mutual Legal Assistance in Criminal Matters accordingly adopted in accordance with section 65 of the Constitution.
Question put: That the Report on Agreement between RSA and Government of Hong Kong Special Administrative Region of People’s Republic of China concerning Surrender of Fugitive Offenders be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report on Agreement between RSA and Government of Hong Kong Special Administrative Region of People’s Republic of China concerning Surrender of Fugitive Offenders accordingly adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT - OVERSIGHT VISIT TO NORTHERN CAPE Mr T E CHAANE: Hon Chairperson, hon members, I present to this august House an oversight report of the Select Committee on Security and Constitutional Development of the Departments of Police, Correctional Services, Justice and Constitutional Development, and Defence and Military Veterans.
During our time in the Northern Cape, the committee had very fruitful interactions with the various departments. We learned first-hand of the many problems faced by the various departments in the Northern Cape region. Our recommendations are attached and we will follow up on their implementation during the course of our tenure.
There is one area of grave concern that is highlighted in the report and bears mentioning in this House. Central to our conducting oversight is the building of an effective people’s Parliament that is responsive to the needs of the people and that is driven by the ideal of realising a better quality life for all the people of South Africa. It is with this in mind that we highlight the plight of the Khosis community living in the heart of the SA Army Combat Training Centre at Lohatla.
It is with astonishment that we learned of the live-fire exercise carried out by the SA Army during its essential training weeks and the difficulties of managing a no-fire zone in the heart of the training area where women and children freely roam and run the risk of injury and death.
Members will note that it was at this base that a mechanical failure led to the death of soldiers during such an exercise. The commander of the base, Brigadier General Mpaxa, with deep regret informed the committee of the loss of livestock from the community during another live exercise.
The courts of South Africa have ruled on the plight of the Khosis community, and as a committee we endorse that decision. We also refer our recommendation in the Northern Cape oversight report to the Ministers of Human Settlements, Rural Development and Land Reform, Public Works, and Defence and Military Veterans to ensure the safety of this community by finding alternative land and housing. It would be a tragic state of affairs to find a solution for the Khosis community after a loss of life has occurred. We therefore recommend the Council approve the report. I thank you. [Applause.]
Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape. Report accordingly adopted in accordance with section 65 of the Constitution.
The Council adjourned at 17:44. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 30 OCTOBER 2009
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Classification of Bills by Joint Tagging Mechanism (JTM)
(1) The JTM in terms of Joint Rule 160(6) classified the following
Bill as a money Bill:
a) Adjustments Appropriation Bill [B 13 – 2009] (National
Assembly – sec 77)
National Council of Provinces
The Chairperson
- Membership of Committees
(1) Hon T E Chaane has been elected Chairperson of the Select
Committee on Appropriations with effect from 28 October 2009.
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Finance
(a) Government Notice No R949 published in Government Gazette No 32621dated 2 October 2009: Amendment of Air Passenger Tax (APT/4), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(b) Proclamation No R.942 published in Government Gazette No 32605 dated 30 September 2009: Commencement of sections 97 (1) and 98 (1) (a) and (c) of Revenue Laws Amendment Act, 2008 (Act No 60 of 2008).
National Council of Provinces
- The Chairperson
(a) Statement on allegations of fraud, corruption or any other serious malpractices within Albert Luthuli Local Municipality (Mpumalanga) in terms of section 106(1)(b) 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.
(b) Notice of Intervention issued in terms of section 139(1)(b) of the Constitution, 1996, to Thaba Chweu Local Municipal Council (Mpumalanga).
Referred to the Select Committee on Cooperative Governance and
Traditional Affairs for consideration and report.
(c) Provincial Week Report – 7 to 11 September 2009:
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COMMITTEE REPORTS
National Assembly and National Council of Provinces
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National council of Provinces
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TUESDAY, 3 NOVEMBER 2009
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Draft Bills submitted in terms of Joint Rule 159
(1) South African Postbank Bill, 2009, submitted by the Minister of
Communications. Referred to the Portfolio Committee on
Communications and the Select Committee on Labour and Public
Enterprises. TABLINGS
National Assembly and National Council of Provinces
- The Minister of Trade and Industry
(a) Business Case for the Establishment of the Companies and
Intellectual Property Commission.
COMMITTEE REPORTS
National Council of Provinces
-
Report of the Select Committee on Co-operative Governance and Traditional Affairs on the Local Government: Municipal Property Rates Amendment Bill [B12-2009] (National Assembly- sec 75), dated 03 November 2009:
The Select Committee on Co-operative Governance and Traditional Affairs, having considered the Local Government: Municipal Property Rates Amendment Bill [B12-2009] (National Assembly – sec 75), referred to it, reports that it agrees to the Bill.
WEDNESDAY, 4 NOVEMBER 2009
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
-
Calling of Joint Sitting
CALLING OF JOINT SITTING OF PARLIAMENTThe Speaker of the National Assembly, Mr M V Sisulu, and the Acting Chairperson of the National Council of Provinces, Ms T C Memela, in terms of Joint Rule 7(2), have called a joint sitting of the Houses of Parliament for Tuesday, 10 November 2009 at 14:00 to debate the preparations for the FIFA 2010 World Cup.
M V SISULU, MP T C MEMELA, MP SPEAKER OF THE ACTING CHAIRPERSON OF THE NATIONAL ASSEMBLY NATIONAL COUNCIL OF PROVINCES
THURSDAY, 5 NOVEMBER 2009
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Bills passed by Houses – to be submitted to President for assent
(1) Bills passed by National Council of Provinces on 5 November
2009:
a) Local Government: Municipal Property Rates Amendment Bill [B12
– 2009] (National Assembly – sec 75).
COMMITTEE REPORTS
National Council of Provinces
-
Report of the Select Committee on Co-operative Governance and Traditional Affairs on the Traditional Leadership and Governance Framework Amendment Bill [B57B-2008] (National Assembly- sec 76), dated, 03 November 2009:
The Select Committee on Co-operative Governance and Traditional Affairs, having considered the Traditional Leadership and Governance Framework Amendment Bill [B57B-2008] (National Assembly – sec 76), referred to it, reports the Bill with amendments [B57C-2008].
Report to be considered.
-
Report of the Select Committee on Co-operative Governance and Traditional Affairs on the National House of Traditional Leaders Bill [B56B-2008] (National Assembly - sec 76), dated 03 November 2009:
The Select Committee on Co-operative Governance and Traditional Affairs, having considered the National House of Traditional Leaders Bill [B56B-2008] (National Assembly – sec 76) referred to it, reports the Bill with amendments [B56C-2008].
Report to be considered.