MONDAY, 15 FEBRUARY 2010
                                ____

                PROCEEDINGS OF THE NATIONAL ASSEMBLY
                                ____

The House met at 10:00.

The Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

                             NEW MEMBERS

The Speaker announced that the vacancies which occurred in the National Assembly owing to the passing away of Mr F T Masango and Mr J Schmidt had been filled by the nominations of Mr A D Mokoena, with effect from 26 November 2009, and Mr D C Ross, with effect from 1 December 2009, respectively, and that the vacancies which occurred due to the resignation of Dr Z P Jordan and Dr S M Pillay had been filled by the nominations of Mr A M Maziya, with effect from 26 November 2009, and Mr M R Sonto, with effect from 3 February 2010, respectively.

Messrs Mokoena and Maziya had made and subscribed the oath in the Speaker’s office on 1 December 2009, and Messrs Ross and Sonto had made and subscribed the oath in the Speaker’s office on 15 December 2009 and 10 February 2010, respectively.

The Speaker further announced that the vacancy which occurred in the National Assembly owing to the resignation of Ms N E Hangana had been filled by the nomination of Ms D E Dlakude, with effect from 9 February 2010.

                                OATH

Ms D E Dlakude, accompanied by Ms N P Khunou and Ms M D Nxumalo, made and subscribed the oath and took her seat.

                CONDONATION OF STARTING TIME OF HOUSE

                         (Draft Resolution)

The CHIEF WHIP OF THE MAJORITY PARTY: Mr Speaker, I move without notice:

That the House, notwithstanding the hours of sitting of the House as provided for in Rule 23(2), condones the starting time of the House at 10:00 today, 15 February 2010, to debate the President’s state of the nation address. Agreed to.

               PRESIDENT’S STATE OF THE NATION ADDRESS

                              (Debate)

The SPEAKER: Hon members, I have received a copy of the President’s address delivered at the Joint Sitting on 11 February 2010. The speech has been printed in the Minutes of the Joint Sitting.

The CHIEF WHIP OF THE MAJORITY PARTY: Mr Speaker, hon President and Deputy President, hon members of this House, as the ruling party, the ANC once again wishes to join the masses of our people in thanking President Jacob Zuma for calling the Joint Sitting of Parliament on the evening of 11 February 2010 to deliver his state of the nation address.

The timing of the state of the nation address is particularly important because it coincided with the celebration of the 20th anniversary of the release of our icon, Seaparankoe Nelson Mandela, from prison.

The delivery of this important address in the evening, when workers and students were at home, was an affirmation of the activist character of the fourth democratic Parliament. The ANC and the masses which it represents believe that the release of Nelson Mandela will remain a watershed moment worthy of auspicious celebrations.

We therefore wish to thank the President for dedicating the 2010 state of the nation address to Nelson Mandela and all recognised and unsung heroes and heroines of our struggle for liberation. Our gratitude also goes to the ANC, the National Interfaith Leaders Council, and the My Mandela Moment leaders for organising and participating in the re-enactment of the release of Nelson Mandela.

For some days before the state of the nation address, there was a debate as to who had brought about the release of Nelson Mandela. Some attributed it to Mr F W de Klerk, while others credited the exiled leadership of the ANC. The President has cleared up the confusion and laid the matter to rest.

However, the debate has offered us an opportunity to rewrite the history of our country, not only for posterity, but also to reflect the struggle between humanity and inhumanity and the triumph of humanity and its inherent values of equality, freedom and justice for all.

In his address to the first Pan-Africanist conference in 1900, W E B du Bois foretold that the colour bar would be the greatest problem of the twentieth century.

Hardly two years thereafter, in 1902, the Boers and the British concluded the Treaty of Vereeniging, which reconciled these two imperialistic, colonial and settler communities on the basis of social exclusion of the black majority. This social and political exclusion was consolidated and constitutionalised through the South Africa Act of 1909, which created the white, supremacist Union of South Africa. The President correctly observed that this exclusion of black people from the apartheid Union was one of the chief reasons for the formation of the ANC in 1912.

The centenary of the establishment of the Union of South Africa presents us with an opportunity to reflect on the struggle between humanity and inhumanity and to celebrate the victory of humanity and its inherent values of equality, freedom and democracy, over a period of 100 years. The struggle started with the wars of resistance which were waged by the likes of Inkosi Bhambatha.

In 1892, Mangena Mokoni, founder of the Ethiopian Church of South Africa, called on the African people to unite and co-operate to defend themselves against settler communities who were forcibly depriving them of their land and natural resources.

Recently President Jacob Zuma rightfully bestowed the Order of Mapungubwe on Mokoni as a leader of the church that espoused Pan-African ideals and a champion in the promotion of African unity and co-operation. In the same year, 1892, John Langalibalele Dube called for a spiritual, humane and prosperous Africa.

In 1905, Pixley ka Seme not only embraced these values, but also called for a unique civilisation for Africa and Africans. Chief Albert Luthuli embraced such a civilisation, relating it to the ancient Egyptian and Chinese civilisations.

The distinctive feature of this civilisation began to emerge in the 1921 speech of Z R Mahabane, who observed that the Union government had forcibly dispossessed black people of their land and natural resources, degraded and dehumanised them, rendered them voteless, hopeless, homeless and landless.

Going forward, the ANC was left with no choice but to fight for the recovery of the humanity of black people and its inherent values of equality, freedom and democracy. Their demands for freedom were incorporated in the 1923 and 1943 Bills of Rights.

The struggle between humanity, as espoused by the ANC, and the inhumanity of the colonial system, escalated in 1948 when the National Party came into power on the platform of apartheid, that is, separate but unequal development of black and white people. The apartheid system used a host of legislation to deprive black people of their humanity and fundamental human rights.

In 1955, the one and only genuine Congress of the People, led by the ANC, responded by adopting the Freedom Charter, which negated the inhuman apartheid system. It offered a constitutional vision after thorough consultation with the people, and presented a blueprint for a postapartheid South Africa.

Henceforth, there were two contesting value-systems in the country, that is, the democratic values of freedom, equality and justice for all, and the inhuman apartheid values which reduced black people to subhuman beings.

The banning of the Communist Party of South Africa in the early fifties, and the ANC and the PAC in the early sixties was recognition by the apartheid authorities that human and progressive values were occupying the high moral ground. The banning of these people’s organisations did not deter people from their struggles. The vision of the new South Africa embodied in the Freedom Charter dealt a deadly blow to the white supremacist ideology and produced two competing value-systems in the country.

The host of repressive legislation used to suppress the progressive values contained in the Freedom Charter, and the banning of political organisations such as the ANC, PAC and SACP, led to armed resistance against the inhuman apartheid system. The 1976 Soweto uprising and the mushrooming of mass democratic organisations during the first half of the eighties testified eloquently to the fact that the struggle against apartheid was essentially a war about values.

Addressing the ANC consultative conference in Kabwe, on 16 June 1985, O R Tambo characterised this war of values as follows:

The conviction that to be white was to be a missionary of civilisation, has given birth to a tidal wave whose strength will not abate until civilisation in our country is reckoned in the language of freedom and democracy. The pursuit of the certainties of a bygone age has itself become the gravedigger of fond hopes that injustice could be rationalised into a system of thought, implemented as a practice and imposed as a decree and be accepted by the victims of that injustice. Illusions closely held for many a year, that white minority rule would last until eternity, are stalking all the enclaves of white South Africa proclaiming everywhere that, in fact, they are illusions, fleeting shadows without substance. The apartheid system is in crisis.

[Applause.]

Therefore President Jacob Zuma correctly observed that the release of our icon, Nelson Mandela, was brought about by the resolute struggles of our people. It was these struggles that forced P W Botha and his colleagues to initiate talks about talks. However, the President correctly acknowledged Botha’s contribution in this regard.

Before acknowledging other people’s contribution, it is fitting to highlight that O R Tambo effectively laid the foundation for this country to become a shining example of freedom, equality and democracy and enabled humanity to achieve victory over inhumanity.

Under the leadership of O R Tambo, the ANC realised that P W Botha was not yet ready for genuine negotiations as was evident in his Rubicon speech of 1985, which called for a new constitutional dispensation based on group rights rather than on human and people’s rights.

The ANC interacted with various progressive lawyers and facilitated the establishment of the National Association of Democratic Lawyers, Nadel, which promoted human and people’s rights and vehemently opposed the group rights ideology. On 1 May 1986, conservative and progressive lawyers faced each other at the University of Pretoria where the human and people’s rights concept surfaced for the first time in the constitutional discourse.

The conflict between group and human rights played itself out at this conference. The human rights perspective of the progressive lawyers that surfaced in this conference found expression in the ANC 1987 statement on the question of negotiations, which rejected group rights and secret negotiations.

In the same year the Arusha Conference, The World United Against Apartheid, reaffirmed that the Pretoria regime was both illegal and illegitimate because it was not based on the will of the people.

By 1989 the resolute struggles of the people convinced the ANC leadership that the National Party government had no option but to negotiate. Thus, in 1989 the ANC published the constitutional guidelines for a democratic South Africa whilst O R Tambo championed the formulation of the Harare Declaration which set out the objectives and management of the negotiation process.

President Jacob Zuma correctly pointed out that it was the resolute struggles of the people and the outstanding leadership, foresight and clarity of vision of O R Tambo that laid the groundwork for the historic announcement by former President F W de Klerk 20 years ago.

In the spirit of nation-building and social cohesion President Zuma has acknowledge all those who contributed to the release of Nelson Mandela and other political prisoners. This includes former political prisoners, the legal team in the Rivonia Treason Trial, the international community, Mrs Helen Suzman and uMtwana ka Phinda ngene, hon Mangosuthu Buthelezi.

Upon his release Nelson Mandela recognised and acknowledged the tireless and heroic sacrifices of the people and committed himself to serving the people.

President Jacob Zuma called on Parliament and the nation to recommit itself to building a better future for all South Africans, black and white, in pursuit of the ideal that Madiba has fought for his entire life, the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities.

This bears testimony to the fact that the Zuma Presidency is fully anchored in the values that Madiba embodies, espouses and epitomises.

In this regard we wish to commend President Jacob Zuma for being consistent because, since his first state of the nation address in 2009, the President has linked the recovery of the humanity of all South Africans with the creation of decent jobs, provision of quality health and education, rural development and the fight against crime and corruption.

The practical measures announced during his 2010 state of the nation address show that the President has a clear and pragmatic plan to improve the quality of life of all South Africans.

As we did in 2009, we will celebrate July as Nelson Mandela Month through a series of community activities aimed at helping the needy and the poor. This is in the spirit of ubuntu and its inherent values as embodied by Nelson Mandela and the past and current leaders of the ANC.

The ANC leadership calls for an overarching value system that can unite all people regardless of race, class or gender. In this regard we have also committed ourselves to strive for the creation of a nonracial, nonsexist, united, democratic and prosperous society in which the value of all citizens is measured by their common humanity.

However, we recognise and respect the cultural, religious and linguistic diversity of our people and shun all attempts by any group to impose its values on other groups. The common humanity of all South Africans has provided a framework for an overarching value system.

President Zuma has already committed his administration to building a new South Africa based on ubuntu values and principles. This vision found support in the meeting of a multiparty leaders’ forum where leaders of political parties called on the President to find common ground and a common platform for nation-building, social cohesion and moral regeneration.

The leader of the IFP, hon Mangosuthu Buthelezi, shared the President’s vision in his response to the 2009 state of the nation address. He observed that the national celebrations of historic importance are mostly attended by African people from the townships and villages. He suggested that we should follow an inclusive approach in nation-building and social cohesion.

The multiparty Chief Whips Forum unanimously endorsed the inclusive approach to nation-building and identified two already-existing mechanisms for its realisation. These mechanisms are the Parliamentary Millennium Programme, PMP, and the Parliamentary Interfaith Group. These mechanisms will be resourced by Parliament to enable all political parties to assume joint responsibility for moral regeneration, nation-building and social cohesion.

The President has often called on all political parties to identify national issues around which we should co-operate in our quest for nation- building and social cohesion. We believe that this mechanism offers appropriate platforms for this purpose.

We have identified the need to incorporate the views of the electorate in the legislative and oversight business of Parliament as a strategic objective for the Fourth Parliament by providing a platform for schools, tertiary institutions and rural communities.

Parliament as a nation-building institution must provide an opportunity for the electorate to engage and consider issues on democracy, heritage, education, nation-building, social cohesion, service delivery and moral regeneration as well as international relations and co-operation.

The PMP should be a nonpartisan project resourced by Parliament and should be used as a vehicle to take Parliament to the people. The project would allow members to co-operate more regularly on constituency work despite their party political affiliations. The PMP will therefore cement and give effect to the concept of an activist Parliament at a multiparty level.

A parliamentary religious group has existed since 1994. It often received support from Parliament without formal recognition. The support of all political parties for the President’s call for the recovery of the humanity of all South Africans, both black and white, and the promotion of moral regeneration for social development, reawakened an interest in the place of religion and politics. The multiparty Chief Whips’ Forum has therefore decided to revive the parliamentary religious group and to rename it the “Parliamentary Interfaith Group”, PIG.

This group has already forged ties with the National Interfaith Leaders Council and has affiliated to the Interfaith Action for Peace in Africa, Ifapa. The two organisations, together with the ANC commission for religious and traditional affairs, have met the Sudanese Interreligious Council, which has invited them to visit Sudan before their national elections.

The Parliamentary Interfaith Group and the PMP are destined to play a critical role in the promotion of nation-building, social cohesion and the African agenda. The ANC, as the majority party in Parliament, has begun this year fully rejuvenated and ready to continue intensifying the implementation of the programmes on which it has entered into a contract with our people during the current term of government.

We are encouraged by the message of the President to the people, which reflects a caring government that endeavours to improve the material conditions of our people, particularly the poor. Last year we committed ourselves to what we called an “activist Parliament” during this 5-year term of Parliament.

In practice, what this means is that, as the majority party in this institution, we shall work with more resoluteness, vigour and decisiveness in the course of executing our duties within both Parliament and our constituencies.

During this particular year that we celebrate the 20th anniversary of the release of former President Nelson Mandela and other political prisoners, as well as the unbanning of liberation movements, we shall spare neither strength nor energy to ensure that the objectives of our glorious liberation struggles are brought into practical reality.

We will, indeed, move with the necessary speed employing extraordinary and unusual means to roll back the frontiers of poverty and underdevelopment, joblessness and other social ills faced by the majority of our people. This we shall do while building on the many gains South Africans have achieved since the dawn of democracy 16 years ago.

In this regard, the constituency outreach programmes and intensified parliamentary oversight, which are the very backbone of the activist Parliament, shall be the prominent and central strategic future of the work of each of our Members of Parliament.

The ANC’s National Executive Council, NEC, lekgotla resolved that the deployees of our movement at all levels of government will be subjected to a rigorous performance assessment system to ensure that nothing impedes our drive towards achieving the goals our people have set for us. [Time expired.]

The LEADER OF THE OPPOSITION: Hon Speaker, Mr President, hon members, ladies and gentlemen, 11 February 1990 marked the day that our President, father of the new South Africa, Nelson Rolihlahla Mandela walked from prison en route to becoming the President of the country that he sacrificed so much for. Thank you, Mr President, for recognising the colossal role that uTat’ uMadiba played in reconciling our people.

Thank you, for recognising all the other people that you did for the role they played in bringing about reconciliation, peace and democracy. Thank you, also, to those that you did not mention. I know you could not mention all of them, but thank you to Archbishop Emeritus Tutu and the other religious leaders who eventually joined ranks to bring about change. Thank you, Mr President, for your effort at using a nation-building tone, such a tone has been missing from the state of the nation address since the retirement of former President Mandela.

We are all proud and indeed blessed to have had a President who is revered the world over and compared to leaders like Gandhi, Washington, Lincoln, Luther King and Churchill. The South African movie, Invictus, and the book by John Carlin, Playing the Enemy, are indeed a celebration of a leader who has received widespread veneration and been canonised in his own lifetime for his visionary leadership and human dignity.

Former President Mandela displayed exemplary leadership. He had the courage of his convictions. He was a man of iron will who was prepared to take on both friend and foe. He was not averse to or afraid of taking on his own colleagues in the ANC because he never felt beholden to anyone or any faction for his position.

Apart from being personally compromised, Mr President, you appear to owe your allegiance to a certain block within your party’s alliance that makes you all the more compromised and vulnerable.

Your state of the nation address left me wondering whether you had indeed read it beforehand, whether you had been set up or whether the people who advise you just did not realise how important it was for you to deliver an extraordinary address for both personal reasons and reasons of national importance. Well, with all due respect, you achieved neither.

The people of our country need to be rallied to roll up their sleeves. They need to hear the presentation of a national vision that they can respond to as a clarion call to nationhood and future prosperity. The nation desperately needs leadership.

The tenuous respect given to you by a deeply suspicious electorate in April 2009 has been systematically eroded. Your trademark song, for example, will never again be sung without invoking a sense of ambiguity.

Laura Miti recently wrote in the Daily Dispatch:

What Zuma and probably the ANC failed to realise is that the new slate that the President was apparently given by the public after his inauguration had conditions similar to those given to an offender serving a suspended sentence. The nation had wanted to put the muck behind it and so gave him a second chance. But after that President Zuma was expected to be on his best behaviour for the rest of his public life. But no, he seemed to think the probation he was put on by the nation after escaping corruption charges on a technicality and after committing a serious sexual indiscretion coupled with making an unbelievably naive statement on HIV and Aids was carte blanche. The crowds after all, still roared his name at rallies across the country - his popularity seemed untouchable.

Well, Mr President, popularity in politics dissipates like this morning’s mist.

Mr President, on the day that you paid due respect to former President F W de Klerk and others in the NP leadership and service related echelons for crossing the proverbial Rubicon and for having the foresight and courage to take bold decisions, your chief cheerleader harangued former President De Klerk and treated him with contemptible disrespect. The fact that neither you nor anyone in the ANC leadership have not publicly rebuked him for this or any other examples of his oafish behaviour is a matter of lamentable concern.

As surely as former President Mandela was quoted as saying, “Posterity will prove I was innocent”, will posterity prove that you and the other ANC leaders are in dereliction of your duty in this regard.

Your first year in office has hardly been stellar and your call for 2010 to be a year of action really rings hollow in our ears. Why?, because we have heard all these exhortations before. Remember these: “the age of hope”, “business unusual”, “all hands on deck”, “working together we can do more” and “faster, harder, smarter”?

Why should 2010 be the year of action more than 2008 or 2009? The ANC is wasting precious time with all these empty slogans. Who really believes that the ANC government will provide anything “faster, harder, and smarter”?

Speaking of wasted time, author and political activist Paul Trewhela – I am sure you know him - in his book, Inside Quatro, speaks candidly about the balance sheet of 15 wasted years under the guidance of the ANC as the unchallenged party of government. Regarding this he says:

No party ever came to government with such an overwhelming mandate from the people and with such immense goodwill internationally. Few dissipated that trust so convincingly.

Trewhela singles out education as the greatest failure. He believes, and we concur, that the ANC should have seized on this from the outset and told the whole nation -

We have limited resources, and there are great compelling needs, but this above all – with dedication, good sense and common effort – can rise up and prepare for the future a new generation that will be better fitted to solve the country’s problems than ourselves.

We all know about the state of education in our country and no one knows better than the parents who aspire for their children to have a better education than they had had. Trewhela says:

Instead, the materialistic scramble for personal wealth, at any price, the rancour, the power play, the strutting about of great men and some women, the arrogance of office, the delusions, the false gods, style, instead of substance, 15 wasted years.

Mr President, your exhortation to teachers to be in the classroom seven hours a day was actually already made last year. This rhetorical appeal had no impact on the matric results. You will have to tackle the role of education unions and teachers regarding underperformance in this crucial field. Again, political will and exemplary leadership from you and all leaders involved will be definitive. Mr President, you rightly spend vast sums of money going to Davos, to court financial friends and to attract foreign investment, but you continue to ignore pressing priorities within your government. You ignore the Auditor- General’s assertion of a almost total breakdown of financial management.

In the Eastern Cape, for example, the department of health overspent its budget by R1,8 billion, with no discernable difference in service delivery! What happened then was that creditors were not paid and that resulted in the closure of SMMEs and their subsequent sequestration, with the result being the catastrophic consequence of job losses.

When will you invest in putting competent people into key posts, and when will you begin ensuring that scarce resources are efficiently, effectively and economically spent? It appears not in the near or foreseeable future, as you and Mr Mantashe have stated that your failed and unlawful policy of cadre deployment will continue. In fact, you say that cadre deployment will be more objective and transparent. This is the ultimate oxymoron.

Recent court rulings in this regard, in fact, have found mostly in favour of applicants who have been prejudiced by cadre deployment. The case of Dr Vuyo Mlokoti against the Amathole District Municipality and Adv Zenzile is a case in point. Speaking of East London or Buffalo City, Mr President, you must know that as the next city to be upgraded to a metropolis, this city is now referred to as “Buffalo Circus”.

The ANC provincial leadership is now putting it under administration and all I can say is, heaven help Buffalo City. This is because the following municipalities have been put under administration in the Eastern Cape: Mnquma Municipality, King Sabata Dalindyebo Municipality, Great Kei Municipality, Koukamma Municipality and Sunday’s River Valley Local Municipality. And nothing has changed in those municipalities because the problem is caused by intractable infighting in the ANC. It is a political disgrace and nothing else. [Applause.]

The recent firing of mayors in Mpumalanga and other provinces across the country is not a genuine endeavour to turn around the crisis in service delivery; it is merely a changing of the political guard.

Mr President, your declaration that you will conclude performance contracts with your Ministers with measurable outcomes being the criteria for monitoring their individual performance is refreshing. This, of course, is not as innovative as you make out and should, in fact, have been in place in Cabinet since 1994.

It will also require political will and you will have to personally support and back Minister Chabane to the hilt. If you can’t or won’t, the contracts will be worth as much as the Public Finance Management Act is in our Public Service corps.

That Act has been in place for 10 years - one of the best pieces of legislation in this country, but the most ignored. The road to hell, they say, is paved with good intentions.

Equally, Mr President, your corruption commission comprised of the very Ministers under whose watch corruption flourishes, will be stillborn if there is no real political will and exemplary leadership.

In Kenya, after Mwai Kibaki replaced the notoriously corrupt Daniel Arap Moi, he promised an end to corruption. He appointed John Githongo as the Anticorruption Minister. Michela Wrong, in her book It’s Our Turn to Eat, exposes how the consequences of Githongo’s efforts that were tantamount to mucking out the Aegean stables led to him being hounded out of the country of his birth, because he uncovered more and more self-service, self- enrichment and sleaze amongst his own colleagues. This ultimately placed his very life at risk.

Kuza kufuneka ugade Mhlekazi obekekileyo uChabane, ngoba xa uza kufuna ukubetha amaqabane, aza kufuna ukubetha wena. (Translation of isiXhosa paragraph follows.)

[You must be on guard hon Chabane, for if you want to punish the comrades, they will in turn want revenge.]

Githongo said, at the time that -

Africans are the most subservient people on earth when faced with force, intimidation and power. Africa, all said and done, is a place where we grovel before leaders.

South Africa needs exemplary leadership, not fear, or entitlement, from its leaders. It is not your turn to eat.

Blind allegiance to ANC leaders and slavish behaviour of deployed cadres putting the party first is a recipe for the disaster we are experiencing at local government level. It compromises discipline and commitment amongst public servants, because cadre deployment beneficiaries are actually held to ransom similar to the thinly veiled threat by Michael Corleone in The Godfather, when he said:

You’re my older brother and I love you, but don’t ever take sides against the family again.

On presidential pardons, allow me to advise that you resist the temptation to abuse your position of power to pardon your friends. Beware, also, of taking the nation’s intellect for granted. You cannot use the pardon of one person as a smokescreen for the pardon of another. Pardons should be considered only in cases where there has been a travesty of justice. This is not evident on first principle in the cases of Shabir Schaik and Eugene de Kock.

Pardons undermine the rule of law and the principle of equality before the law, which you, sir, incidentally, are responsible for upholding.

When you compromise yourself and the rule of law, you accelerate the slide to a failed state. Zimbabwe is a shameful example of this regression. It has become evident that despite your outspokenness about Zimbabwe before your election, you have succumbed to your party’s policy of silent diplomacy, because you cannot bring yourselves to act against Mugabe and bring his tenure of terror to an end.

I recommend that you read the DA’s road map to peace and democracy and implement its recommendations.

The MINISTER IN THE PRESIDENCY: NATIONAL PLANNING COMMISSION: What have you been smoking?

The LEADER OF THE OPPOSITION: I don’t know - the same thing that the new ambassador from England smokes, because what she said is what we are saying: Get rid of Mugabe, have an election and carry on. [Applause.] It has become evident that Zanu-PF, under the now almost surrogate leadership of Mugabe, refuses to acknowledge their failure in government and culpability for unimaginable human rights abuses that are catalogued in the DVD that has been given to your office. I wouldn’t laugh about it, hon President. If you’d seen the DVD you wouldn’t be laughing.

The SPEAKER: Hon member, please address yourself to the Chair.

The LEADER OF THE OPPOSITION: The ever-deteriorating situation in Zimbabwe is entrenching the social and economic difficulties in many communities in South Africa that have shown that they have the potential to ignite ethnic and xenophobic confrontation. This situation requires the political will to grasp the nettle that is Mugabe.

Mr President, speaking of political will, let me inform you that in the one area where you have shown some will, meddling with the Judiciary, the JSC and judicial appointments, your actions and those of your emissaries have not gone unnoticed, and are a source of grave concern.

There are apparently some bulletproof jurists and legal practitioners that have the unconditional support of your government, despite how compromised they may be. The fact is that Mr Mpshe seems to have been rewarded for juristic compliance, and so too Mr Simelane. Also, Mr Ngobeni provides legal services to the ANC, you and the Department of Defence, despite his very apparently compromised position as a legal practitioner.

The latest revelations about Mr Seth Nthai’s alleged solicitation of a financial reward to make a legal challenge go away or to go one way or another, are all examples that compromise the independence of the Judiciary and contaminate the profession as well as the government, due to these people’s unhealthily close relationship with the governing party’s leadership.

Mr President, you must give unambiguous leadership about how we’re going to create jobs and stimulate our economy as we pull out of this recession. Some ideas from someone who has always shown post-recession capital growth, namely Richard Branson, are instructive. He clearly states that optimism and instinct are no substitute for hard work. He recommends that leaders should surround themselves with trusted and talented people; keep them happy and motivated; be innovative; provide and maintain a certain quality of service; and ensure value for money. You, sir, have failed in all of these to some extent or the other. Your government must now look for solutions not excuses.

Many aspersions have been cast on the productivity of South African workers. This is fallacious, because who do these gainsayers think actually built the magnificent 2010 football stadia? And they did so on time, in fact, far ahead of time, better than some of the so-called most productive nations in similar situations.

It is not the South African work force that holds us back; it is the government’s restrictive and convoluted labour laws that keep South Africans out of work. [Applause.]

During a recent visit to Tongaat in KwaZulu-Natal, I met with retrenched textile workers and none asked for government handouts. Mrs Dolly Yeriah held up her hands to me and said she has perfect hands and wants to put them to use in order to provide for her own family. This re-enforces the fact that self-provision and independence are a source of self-respect and personal human dignity.

The Presidential Hotline has been a supreme public relations fiasco, as its very existence is an indictment of all three spheres of government and all its implementing agencies. Furthermore, the few examples of success are the exception rather than the rule. My office has evaluated this hotline closely, and the catalogue of frustrations reads like a comical version of Animal Farm.

South Africa will host a unique and successful World Cup. We will welcome the world to visit our amazing country and have fun in the sun. The visitors must be treated like royalty, not robbed or fleeced by unscrupulous hospitality providers, because their experiences will determine whether or not they return and become tourism multipliers.

The eyes of the world will see us through lenses never ever seen on international TV, and this image will decide the prudence of our enormous investment in this event. We cannot allow ourselves to be embarrassed by any unintended disappointments.

Iintloni ezifana nombane ophela esithubeni nje ngokuhlwa kwango Lwesihlanu azamkelekanga. I-DA ithi phambili Bafana Bafana, phambili! Phambili Mzantsi Afrika, phambili! Siza kubabonisa abantu baphesheya ukuba i-Afrika iyaqaqamba. (Translation of isiXhosa paragraph follows.)

[Disappointments such as a power failure on a Friday evening are not acceptable. The DA says, forward Bafana Bafana, forward! Forward South Africa, forward! We will show our overseas visitors that Africa is shining.]

Posterity will judge the DA and other opposition parties on whether or not we had the courage to speak truth to power, and to be a realistic political counterweight. The DA has done this most effectively to date. Imagine being an opposition to uTat’ uMandela and even Thabo Mbeki - not easy.

We have grown, nonetheless, and if you do the math you will all know that the Western Cape was not won by the 18% of white voters. The DA is a real alternative and the electorate has recognised this. In 1994 we had seven members; in 2009 we have 77 members.

We are solution-oriented because we do not want to inherit a bankrupt or scorched earth. Therefore, we will contribute in every way we can to ensure a prosperous South Africa; certainly not to entrench the ANC. Our political growth has been assisted by the quality or lack thereof of leadership in the ANC at all levels of government because leadership is as leadership does.

The reality is that the current crop of ANC leaders is being found wanting compared to the previous generation; certainly compared to the person we are paying tribute to in this debate.

In conclusion, I want to say that if you feel that I was being unfair or prejudiced in this response, if you read the newspapers from Friday to today, you will see that the people of this country are unhappy with the direction that is being given by the leadership. The people of this country want exemplary leadership, and I appeal to all of us in this House who are in positions of leadership to give that exemplary leadership. Thank you. [Applause.] The SPEAKER: Can I remind the members and the speakers that they should speak through the Chair and direct themselves to the Chair. Rev H M DANDALA: Speaker, Mr President, hon members of the House, on behalf of Cope I also wish to add our appreciation of the fact that the President dedicated this year’s state of the nation address to the memory of the release of Mr Nelson Mandela.

Cope pays tribute to Mr Nelson Mandela and all those who worked with him to bring us the wonderful freedom we enjoy. There are very few stories of such exemplary leadership around the world such as we can see with Mr Mandela. He is selfless, disciplined, and he is dignity personified. He is an icon of world peace.

The portrait of Raymond Asquith as drawn by John Buchan applies aptly to Dalibhunga. He says:

Our roll of honour is long but it holds no nobler figure!

When the world honoured Mr Mandela with the Nobel Prize, amongst countless other honours, we became proud. South Africans can stand anywhere in the world and claim as ours his contribution to the triumph of good over evil.

When he ascended to high office, the state of our nation was one full of hope and, as Bantu Biko once said:

We had set out on a quest for true humanity and somewhere in the distant horizon we could see the glittering prize. The glittering prize was that of triumph over hopelessness.

Hon members, the question that we need to ask ourselves is: What is the legacy that Parliament asks us to celebrate through this reflection on the state of the nation?

The legacy can be summed up in a few indicators: South Africa and the ANC gave us a great leader with a sense of honour and a strong moral focus; he raised our eyes to what we can become as a nation; he trusted and respected the law and allowed himself to be tested by the law; he insisted on the separation of state and party powers; he spurned patronage in all its forms; he had depths of compassion for the poor, always treating them with the utmost dignity; and his hallmark was and still is a sense of honour.

Twenty years on, we have not captured that glitter of hope. We have debilitating poverty for millions of our people. In a country with our resource base, it is simply a shame that so many people live below the breadline. We have millions of our children who are unable to read or write owing to an education system in collapse. We are not safe in our own homes owing to the high levels of crime. Indeed, we can defeat these problems, provided that we firstly acknowledge that this is the true state of the nation, and then rally to galvanise the nation to rise to the challenge.

What this nation needs, Mr President, is inspirational yet transformative and action-oriented leadership. In her book, Laying ghosts to rest, Mamphela Ramphele says:

Successful people are those who make and admit mistakes rather than fail to confront their failure. We need to acknowledge where we have fallen short as a nation.

We have to determine to take corrective measures. This is the only way we can triumph over these many challenges – to build a nation that the whole world will watch in admiration even as we host the Fifa World Cup.

South Africans are waiting for the government to invoke our collective sense of honour so that we can rise to overcome, just as we have done in the past, to win against all odds.

I call on the President and his government to listen carefully to the pulse of this nation. Our people are angry at the promises made but not fulfilled. And so Cope asks: Why should South Africans believe you now?

You promised 500 000 jobs or job opportunities. The fact is that almost a million jobs have been lost during the period of the promise. Will the South African people be told what the macro strategy is for reversing the apartheid economy that marginalised the majority of our people from being innovators in the creation of their economic destiny and made the townships and rural areas mere consumers of economic output rather than key drivers of economic innovation?

Small businesses are still waiting with anticipation for the single business registration system that was promised when the President took office. Cope asks: How will South Africans under the leadership of our President transform their parlous economic state that is marked by the growing gap between the rich and the poor?

By the President’s own admission, land redistribution – a tool in the hands of his government – will not meet its 2014 target. Many of the farms bought by the government under this scheme have dropped in productivity, if not left as ghost farms threatening the livelihoods of communities. Our food security as a nation is under threat. Why should South Africans believe you now, Mr President?

In response to your previous state of the nation address, you promised that, in order to ensure service delivery and executive accountability, you will make all your Ministers sign performance contracts by the end of July

1. You have not told us if any Ministers, to date, have signed these contracts.

Instead of acknowledging this glaring gap, you have now further promised us a new outcomes approach that will make 2010 a year of action. Why should South Africans believe this, when your own office, Mr President, according to the Auditor-General’s most recent report, has failed to get an unqualified audit, and the man you put in charge of the evaluation of his colleagues goes shopping with a state credit card? [Applause.]

Cope welcomes the ministerial committee to combat corruption. Yet, as late as last week, this committee could not sit due to the unavailability of Ministers.

Mr President, we welcome your emphasis on education and the initiatives you have announced to focus the nation on this priority. Successive ANC governments have promised that no child will study under a tree. The question of infrastructure to allow teachers to do the things highlighted in your speech, has become urgent. What kind of pupils can we produce, when over 79% of our schools don’t have libraries and laboratories?

In the week preceding the state of the nation address, another report was released, pointing a finger at the South African Democratic Teachers’ Union, SADTU, the teacher union aligned to your government. This report pointed out that they have been out of schools for 42% of all the time that has been lost by the country through industrial action since the dawn of democracy.

Cope calls on the government to declare a state of emergency in education so that teachers may not use innocent children to fight their battles with the state.

Mr President, most of our state hospitals are in a parlous state. We welcome your stated commitment to right this wrong. We also welcome the mooted policy of National Health Insurance, NHI. But South Africans will ask with justification: Why should we believe that, this time … [Time expired.] [Applause.]

Prince M G BUTHELEZI: Speaker, Xhamela, Your Excellency our President, Nxamalala, our hon Deputy President, hon Ministers, hon members of this House, we all applaud the wise decision of the President to dedicate this year’s state of the nation address to the 20th anniversary of Madiba’s release. May I, Mr Speaker, request all the men in this Chamber to stand “sikhahlele” [“so that we salute”]?

Aah!

HON MEMBERS: Aah!

Prince M G BUTHELEZI: Dalibhunga!

HON MEMBERS: Dalibhunga!

The MINISTER OF SCIENCE AND TECHNOLOGY: Speaker, on a point of order: While I appreciate the observance of culture, which is admired by many leaders in our country, I think as leadership we should have regard for the equality clause in our Constitution and ensure, particularly when we are in Parliament, that these principles of our Constitution are observed in practice. [Applause.]

I think it’s most unfortunate for an hon leader to call on males in the House to rise, thus excluding the female members of the House. That’s most unfortunate. [Applause.]

The SPEAKER: Thank you, hon member, that is noted.

Prince M G BUTHELEZI: Hon Speaker, I would like to say that I really pity my daughter for her ignorance because it’s not because women are being put down. It is our tradition out of respect for women that they sit down when we do that. It has nothing to do with slapping down women. That is an African culture. We are in Africa and that is an African tradition. It has nothing, whatsoever, to do, nor does it infringe …

The SPEAKER: Hon member, proceed with your speech.

Prince M G BUTHELEZI: I pity your ignorance.

Having spent 10 years in government, I’m aware of both the great challenges which have confronted us since 1994 and of how much still remains to be done to meet the minimum objectives promised with our liberation. I was committed to the agenda of social and economic liberation while I was in government. And I remain committed to it from the opposition benches.

Last week the President often referred to us all as being compatriots, and indeed we are. In addition, I respect the President, warts and all, because behind him, rightly or wrongly, lies the will of the democratic mandate of 66% of the South African people. I could not hinder or oppose that without opposing the South African people. However, I must differentiate between the will of the South African people and that which is required to deliver to the people what they expect.

In this critical time the President stands to fail and words alone will not fix problems. I cannot afford to see the President and his government fail. If they fail, my own country fails. If the President and his government fail, I will not applaud and rejoice, but will weep. [Applause.] For if they fail, our liberation fails.

In this time of economic turbulence and enormous challenges, we are in this boat together. Together we will sail or sink. Therefore the type of engagement I seek and offer the President is in the recognition that my admonitions, my criticism and insight are being offered with no interest in mind but the success of our country and the survival of our liberation process. [Applause.]

From this perspective, I must denounce and warn against the practice of making exaggerated and unrealistic promises which government has pursued and does not seem to be willing to ever relinquish. We must stop insulting the intelligence of our people, especially the poorest of the poor.

We are experiencing social ruptures, widespread protests and ever- increasing dissatisfaction because what was promised is perceived not to have been delivered. This cannot be addressed by promising more, unless we wish to see the social unrest rising out of control into a wave which wipes us all out.

I’m convinced, Your Excellency, that if we stop treating our people as if they are morons by promising them pie in the sky, they will be with us. They will understand that we have a difficult role to play. We do not need to promise what obviously cannot be delivered. After all, we have not been in this democratic dispensation for that long. We knew that we were starting to govern a people the majority of whom comprised the poorest of the poor who had deliberately been kept under conditions of deprivation.

Let us not therefore pretend to be latter day Pied Pipers of Hamelin in that fable where the Pied Piper played his pipe and all the rats followed him. We must not pretend to our people that we have any magic wands because we have none. We should refrain from insulting our people by running to them with food hampers during elections, which we know cannot be sustained.

This government cannot continue to try and be everything to everyone. This is the time to take the developmental direction and pursue it with single- minded determination. The economic and social crises require firm stewardship. In this process I plead with the President to heed my admonition, rather than the call for easy populism and radicalism often fuelled by a long-obsolete communist mindset. [Interjections.]

Before it hit South Africa, I warned the government that we would not be spared from the mounting world economic depression. In the same week there was a Financial Mail cover story, with our then hon Minister of Finance’s photograph on the cover, in which the Minister was saying that according to government advisors we will not be as ravaged by the recession as other countries. The impression was that the depression would bypass South Africa.

Thereafter, from our benches we warned the government not to give excessive credence to the same economic advisors who are now touting the exaggerated promise of a quick economic recovery, looking for green shoots in the underbrush of a dying forest of economic depression. Do we want to brand ourselves as a nation of denialists? We have been in denial whether it came to crime or whether it was HIV and Aids.

I praise the President for the announcement he made about the new long-term programme of infrastructural development. But it will take time before its economic benefits will be felt. In the meantime, we need to deal with the projected downturn in the construction industry after the third quarter, which will coincide with the recessionary effects that always follow the completion of the infrastructural work and expenses associated with World Cups or Olympic Games, whether it was in Greece or in other countries where events of this type have been held.

I fear that the people of South Africa are going to experience much economic anguish after August this year, and we must prepare for that. Let’s prepare our people for it without dampening their enthusiasm for the magic of the 2010 World Cup.

Our economic vision must be clear and avoid all that is confusing. The talk of nationalisation is most detrimental as is the ambiguity with which the President has fudged this issue when he said that the matter is open for debate. If we don’t make the clear and unequivocal statement that we shall not nationalise anything which can stand on its economic feet in this time of crisis, we will deter domestic and foreign investors who might look at South Africa as a land of opportunity.

I must admit that as we grew up as young African nationalists in the ANC, we were quite fascinated by nationalisation. I paid two visits to the late President Julius Nyerere. My first trip was paid to Mwalimu to thank him for giving sanctuary to all our political exiles. On the second occasion I wanted to see Ujamaa, African socialism in operation. President Nyerere was a very honest politician. He gave me his book, 10 Years After Arusha. By that time he was already admitting some of his mistakes in implementing African socialism, Ujamaa.

In 1994, when President Nyerere came to South Africa, he visited me in my office as Minister of Home Affairs. He told me that in 1980 he said the following words, “You have inherited a jewel”, to President Mugabe, when he was then installed as the first Prime Minister of a democratic Zimbabwe. He was referring to the economy of Zimbabwe. He also said:

Don’t do what I did in Tanzania. Don’t destroy it.

The rest is history. [Laughter.]

My stand against nationalisation is not inconsistent, of course. I have voiced my opinion in this House for three years on the necessity for nationalising the Reserve Bank, as was done in the United Kingdom, so that the government may begin regaining control over what we use as our money and hope that we may one day move towards a debt-free currency.

We must go beyond the commitment not to nationalise, to adopt the policy of privatising anything which will be better off if relinquished from government ownership and which taxpayers have no business in financing. Our anguished taxpayers have no reason to continue to pay the bill for companies that operate at a perpetual loss, only because they have found in the state an indulgent sugar-daddy who continues to pour out money with no hope of return, such as in the case of Denel and SAA. [Applause.] If privatised, these companies will find their correct positioning in the marketplace.

A year has passed and little has been done to bring about the savings promised last year, with the prospect of the taxpayer having to continue to pay for the constant mismanagement of the Land Bank and many other state entities which have now been out of control for years.

I urge the President to speak with one tongue and in a loud voice to provide iron-fist leadership in economic matters, and cut into positions of privilege, consolidated economic turf and institutional corruption without fear of inflicting pain or creating resentment, for the rest of the country will recognise and applaud his leadership.

To the President I say: Be merciless in shutting down the many state institutions which do not deliver and redirect their funding towards those which can deliver. I know that the President referred to what he called a review of the parastatals in his interview with the SABC on Saturday. We must now move beyond just rhetoric on this issue.

This is not a time in which the country can endure hesitation or a wishy- washy benevolent style of leadership. At the risk of becoming unpopular, it is time for the President to rise to the challenge of being tough and determined. If one tries to be all things to all men, one ends up being neither fish nor fowl. [Applause.]

The priorities he identified for us have remained unchanged since 1994. They are the health and education crisis, crime and corruption crises, unemployment crisis and the rural development crisis. And, I would like to say, as far as rural development is concerned, Your Excellency, it will never take off without traditional leadership being given an opportunity to be part of it.

It is a disgrace that after 16 years of black rule in South Africa no budgets are being made available to all traditional structures and leadership. These problems have become worse since 1994, and we must accept that they are not going to be solved within the present paradigm. Albert Einstein, the genius, defined madness as expecting different results while continuing to do the same thing.

With regard to education, we must have the courage of firing teachers who do not produce results and stop this nonsense of refusing to perform a thorough assessment of teachers’ skills and education. A teacher whose class does not obtain the desired results for two years in a row should be immediately dismissed, as should the principal of a school with poor results. Please, Your Excellency, implement what you have announced. The plight of our education system is so serious that the President should not be intimidated by the threats of the teachers’ unions. [Applause.]

As the President knows, in the erstwhile KwaZulu we had a much higher pass rate than we now have in the very same schools, in spite of the standard having been lowered and the amount of money spent on education and teacher training having dramatically increased. This is unacceptable. As a country, we cannot afford to lower educational and exam standards, unless we wish to commit national suicide by instalments. [Applause.]

The crime situation is out of control. Yesterday and today newspaper headlines announced that students are killed just for their cellphones; and that gives me sleepless nights. Your Excellency, I wonder how many of the visitors that are coming in June will be killed for their cellphones.

According to the crime statistics published on NationMaster.com, South Africa has the highest per capita levels of murder by firearms and rape and assault anywhere in the world where crime statistics exist; and has the second highest level of murder by means other than firearms. The solution to this massive crisis is not through quick fixes, such as calling on the police to become trigger-happy, at the risk of slaughtering innocent bystanders and suspects alike.

Let’s face it, generally speaking, our Police service does not have the required capacity to identify and interrogate witnesses, to collect and secure evidence, and prepare and present cases for prosecution. This is as a result of both a lack of training and of resources.

The fundamental problem with crime is that most criminals have a legitimate expectation of impunity. In most parts of our country, crime is still amateurish; but as it flourishes, the crime industry becomes better organised, which will find our police even less prepared to cope with what is likely to come. Let us no longer rely on words, words, words. We need better-trained and better-resourced policemen, and higher standards, which may force those who do not live up to the new required levels of output, performance, training and education to leave the force and find other opportunities for employment.

We cannot continue to carry dead wood in the Police Service and in the Public Service alike. After 1994, it was unavoidable and necessary for a number of insufficiently qualified people to be inserted in the Public Service or promoted beyond their natural talents, education and training. However, this has created a pervasive climate of inefficiency and poor performance often adjusted to the performance of the lowest common denominator.

We now have the benefit of a new generation of bright, competent and well- trained younger people who have come through the ranks of our universities and the Public Service itself. It is time to separate the wheat from the chaff and get rid of those who cannot keep up with the very challenges that the President has outlined in the state of the nation address.

Government is people. And if people in the government are not good enough to carry forward what it takes to overcome the challenges that the President has identified, our government will not deliver no matter what the President says and no matter what his Ministers commit themselves to doing.

Finally, I now plead that we stop the rhetoric of celebrations. The President and the hon Chief Whip have kindly recognised that I dedicated my life to the release of former President Mandela and other political prisoners, and the unbanning of political parties.

I have spent my life in the struggle for liberation. But the struggle before us is now greater than what we were facing before 1994. We knew that political liberation would eventually come, even if it was only to happen after our own lifetime. In the struggle for prosperity now before us there is no certainty of victory, and our failure would crush the hopes of a continent and destroy our people.

Also in this respect, we must not insult the intelligence of our people. They cannot feed their families with celebrations, whether these are celebrations of our past victories, or the centennial celebrations of our country’s unity, or the celebration of victories achieved on soccer or cricket fields.

I urge the President to mobilise the immense support that he has amongst the grassroots of South Africa for a new national struggle, calling for the collective upliftment and individual development of our population. In other words, it is our struggle for economic emancipation. Mr President, we need a national effort of historical proportions, built on education, work, education, work, education, work and more work.

Our generation sacrificed to bequeath freedom to the next generation. The present generation must understand that with the same spirit of mission, it must sacrifice, so that its collective hard work and dedication may bequeath prosperity to the next generation. My party and I want to help the President in this effort if he accepts our call to rise to the challenge of becoming the leader of a national movement which cuts across all the nonsense, wherever it is found, and puts us all to work to build that better future we all have dreamed of for so many generations.

Ingangawe Msholozi! Nxamalala! [It is all yours Msholozi! Nxamalala!] [Applause.]

The SPEAKER: I’d like to remind the members of this House to address one another as hon members, not as “ignorant”. We need to stick to the parliamentary rules.

Adv T M MASUTHA: Speaker, Your Excellencies the President and the Deputy President of the Republic, Ministers and Deputy Ministers, colleagues, comrades and people at large, it gives me a deep sense of humility, privilege and pride to be invited to speak on behalf of an organisation that carries a proud history of struggle for the liberation of our people through the selfless heroic sacrifices made by its cadres, both men and women, and from all races, creeds and ethnic groups, over a protracted period of almost a century.

Allow me, therefore, Mr President, to echo your salute of these heroes and heroines, recognised and unsung, including those from political persuasions other than the ANC, which I’m representing here, whose contributions, whether large or small, helped to expedite the ultimate emancipation of our people from apartheid.

In particular, we take this opportunity to wish isithwalandwe, uTat’ uMadiba, who led the nation on its long walk to freedom and even longer, a more fulfilling life filled with eternal joy, peace and satisfaction. As he watches us all, his children, let us make his vision and dream become a reality. This is my prayer.

His continued, tireless and selfless provision of leadership to our nation and the world at large, even in his retirement, is most humbling and profoundly inspirational. It is a gift for which we are eternally grateful. [Applause.]

Your Excellency the President of the Republic, it is an observation that I confidently share with many and I echo the Chief Whip of the Majority Party, who spoke earlier, when he said your presidency has drawn its vision in great measure from that espoused by uTat’ uMadiba.

It is a vision of nation-building aimed at creating a nonracial, nonsexist, democratic, united and prosperous society based on the principles of equality, human dignity and freedom in the true spirit of our Constitution and the Freedom Charter. The pursuit of this vision is the foundation upon which the ANC’s very existence is hinged. In its manifesto for the 2009 general elections, the ANC commits itself, during the current period in office, to addressing the most difficult and central challenges facing our nation, namely an improvement in the provision of quality jobs and sustainable livelihoods, education, health care, safety and security; and promoting rural development and land and agrarian reform. Central to these objectives is the ANC’s continued role of providing leadership and hope to our people, and its central value of putting people first in and at the centre of all its policies.

Your Excellency, there are a number of specific measures you announced in the state of the nation address relating to the character of the state and the public sector into which we are determined to transform South Africa. This demonstrates your determination to usher in a different style of leadership. You said:

When this administration came into office last year, we undertook to work harder to build a strong developmental state. We said it would be a state that responds to the needs and aspirations of the people and which performs better and faster. This year, 2010, shall be a year of action. The defining feature of this administration will be that it knows where people live, understands their needs and responds faster. Government must work faster, harder and smarter.

The specific measures you outlined or have already embarked upon in pursuit of this goal include the hotline you have established for all citizens to enjoy direct access to your Office and not only through Ministries, state departments or even through us as public representatives. Your appearance in person in various poverty- stricken areas of our country to get a first- hand impression of the plight of our people has also not gone unnoticed.

You have announced the introduction of performance contracts between your Office and Cabinet Ministers, setting out clear and agreed targets to which they will adhere and against which their performance will be measured. The introduction of new Ministries in your Office, particularly on policy planning and performance monitoring and evaluation is a critical step in the right direction towards reinforcing a focused, coherent and well-co- ordinated effort in government policy planning and implementation.

This is so that the overarching strategic vision and direction of government is not lost as the different departments cling to their respective silos which, in turn, results in our people falling between the cracks that exist in the policies and services of the various departments as they seek help from government.

This will also obviate the past experience of policies and interventions that appear good on the face of it and contribute little to changing the situation of our people as a whole; or add little value towards the realisation of our strategic vision and goals.

Key to the new approach of improving government performance and service delivery are the principles aptly articulated in the strategic document of the Minister in the Presidency, Comrade Collins Chabane.

These principles are: to provide principled leadership and make the tough decisions that may be required to deliver on our mandate; to strengthen our ability to co-ordinate across the three levels of government and work as a single delivery machine; to build a partnership between government and civil society so that we work together to achieve our goals for a better life; to be completely transparent with each other, claiming no easy victories; to just tell the truth and build on what we have achieved; to recognise that there will always be limited funding and resources and yet be willing to commit to doing more with less and doing it on time; and, lastly, to develop a skilled and well-motivated Public Service that is proud of what it does and receives full recognition for delivering better quality services.

As the standing committee, in our engagement with the office of the Auditor- General last year, we came to note with appreciation the Auditor-General’s paradigm shift in the auditing of public entities with the addition to the regular financial auditing of performance auditing, focusing on the three “Es”, namely, efficiency, economy, and effectiveness.

The focus, therefore, is increasingly going to be on outcomes rather than outputs. The question will be what value in real terms we are getting out of the money spent, rather than whether we have spent the money as prescribed. We also need to look at the sustainable use of our limited resources in an environmentally friendly way so that posterity will not judge us harshly.

Speaker, allow me at this juncture to turn to the important matter of restoring good, old-fashioned values to our Public Service. The national executive council of the ANC’s January 8 Statement presented by Your Excellency in Kimberley last month, which outlines the marching line for all the ANC cadres, whether deployed in government or elsewhere, clearly and firmly articulates the ANC policy on this matter.

The ANC articulates the view that the process of building a new public sector cadre forms part of the major tasks for creating a developmental state. Where people are found to be incapable of performing the tasks assigned to them, they must either be capacitated or replaced with capable ones. To be a public sector cadre means service to the people and a caring attitude in dealing with citizens.

The ANC is committed to transforming the state in a manner that benefits our people. There is no room for using the resources of the state for self- enrichment or acting from narrow self-interest. Selfishness is alien to the values of our movement.

In this regard, hon President, you have also mentioned that the government has resolved to eradicate fraud and corruption through the establishment of the Inter-Ministerial Committee on Corruption, which is currently hard at work to find new ways of eradicating corruption.

Amongst the specific areas of concern that you alluded to are corruption in the issuing of tenders and drivers licences, social grants and identity documents. The so-called “tenderpreneurs” who milk the state coffers of millions of rands and yet perform a shoddy job, if at all, need to become a thing of the past. [Time expired.] [Applause.]

Mrs P DE LILLE: Madam Deputy Speaker, hon President, hon Deputy President, the past few weeks have given us the opportunity to think back with nostalgia to the unbanning of our liberation movements and the release of Madiba. The ID supports the President in thanking all those who led the fight against apartheid, inside and outside our country. However, this is not just an opportunity to remember how we won our freedom, but also a time to reflect on what we have done with it.

It is, indeed, very sad for me that the millions of South Africans who deserve the most praise for our victory over oppression, the very people that led the battle in the streets, have yet to taste the fruits of our democracy.

We acknowledge that 15 years is not enough to reverse 350 years of colonialism and apartheid. But it is my belief that we could have achieved far more. The fact that government has not followed up on its plans on implementation and evaluation means in many ways that it has failed Mandela’s legacy. For example, the energy crisis we are facing today was caused by the ANC, and the very same ANC stands to gain the most, financially, from electricity tariff increases.

For the ID, it is unethical and immoral that a significant percentage of the 35% increase proposed by Eskom will go straight into the ANC’s coffers via Chancellor House. It is with dismay that we recall that Chancellor House was the name of the building that housed the Mandela and Tambo law firm.

Indeed, by straying from the higher set of ethics espoused by Nelson Mandela, the ANC and the government have made a mockery of his legacy. Added to this, the actions of some Ministers, who continue to make money out of state tenders, have revealed the President’s tough talk on corruption for what it is - just talk.

It is clear that the battle for the soul of the ANC has now morphed into a leadership battle for state resources.

The announcement that Mr President has terminated over 30 000 fraudulent social grants payments is very good. But when will these crooks be arrested, charged, prosecuted and sent to jail?

The hon President also said that the Inter-Ministerial Committee on Corruption is looking at ways to decisively defeat corruption. But, does the President think that they will be effective when there are so many conflicts of interest in business deals where even Ministers are involved?

The idea that Ministers can monitor themselves is both misguided and misleading. Rather, we should be setting up a permanent commission comprising MPs and civil society to monitor and expose corruption in government. In some countries an anticorruption unit is set up for every big procurement by the state.

Can the hon President also tell us when, if ever, we will see a plan from him on how we are going to restructure the economy so that it can create jobs? It is an indictment on the Mandela legacy that we have become the most unequal society in the world.

It is patronising to enter into a semantic debate about what constitutes work when over a million South Africans lost their jobs last year. The hon President said we are turning the corner. Which corner? Where is this corner? Millions of South Africans have been living in economic depression all their lives. This recession, now at the end, has only worsened the situation.

We are surprised that the hon President is only now going to establish an Inter-Ministerial Committee on Energy to formulate an integrated energy plan for the next 20 years, when the legislation for this was passed two years ago. Can the hon President explain why there have been these delays and give us an indication of when this plan will be started and when it will be completed?

Again, he is promising that the independent power producers will be introduced. But can he please tell us by when the policy environment will be in place to attract them into the market? It is precisely this kind of thinking that has led to the energy crisis in the first place.

We would also like to hear when the hon President is going to intervene in the failing state-owned enterprises to halt the rot that has set in.

As a social democratic party, the ID believes in the strategic importance of state-owned enterprises, but only if they fit in with our developmental objectives, are run properly and are not a bottomless pit for taxpayers’ money.

The hon President also said last year that he would improve the monitoring and evaluation of state-owned enterprises. I don’t know whether he has forgotten about that.

The ID would like to welcome the wage subsidies for young people because we had already asked for that in our manifesto last year.

I won’t even go into the delivery commitments and the performance agreements for Ministers. We heard it in the last state of the nation address. Now we have heard it again. Can it now be known what the delay is? Why is it taking so long?

The ID is ready to roll up their sleeves and get their hands dirty by working hard in order to build our country. But we will need decisive action and leadership, and need far less repetitive talk and spin from the hon President. I thank you. [Applause.]

Mr S Z NTAPANE: Madam Deputy Speaker, Mr President, Mr Deputy President, hon Ministers, hon members, I believe that hon Holomisa has already informed you in person of his travels abroad to Korea for an international conference of the peace federation, and of his intention to, thereafter, join other members of the interim Defence Force Commission to the United Kingdom. He regrets that these commitments were confirmed before this debate.

We thank you further, Mr President, for heeding our call for more time to participate in Parliament. We hope and trust that a further fairer dispensation will be agreed to, for all other debates in Parliament.

At the outset, we wish to pay tribute to that great South African, Nelson Mandela. We join you, Mr President, along with the rest of South Africa, in celebrating the 20th anniversary of his release from prison. This event, followed by millions of South Africans and people from all over the world, ushered in an era of hope and regeneration. Our task is always to measure ourselves against that sense of hope and promise.

Therefore, a state of the nation address should be about telling it like it is, and saying how government will address the challenges facing us. With all due respect, Mr President, we feel that your address did not meet these criteria.

An honest assessment of the state of the nation shows that backlogs and imbalances of the past remain with us. Economic policy at the moment is failing to expand the economy and to increase the share of every South African in that economy.

There seems to be no consensus on the type of economic policy required or the instruments that are needed to grow the economy. Currently we have various policy positions being announced and contradicted by different individuals in the ruling party and tripartite alliance. There is no agreement; some people talk of the developmental state, others of nationalisation and others of the free market. It is just a disjointed approach with no direction.

The UDM has argued repeatedly that we need to come together as a nation and find a common agreement on broad economic policies. Our proposal for an economic indaba should not be dismissed lest we face the perils of widespread dissatisfaction boiling over into a genuine nationwide uprising – I underline “genuine”.

We would suggest that there is a need in your reply, hon President, to clarify your position in the spat between your Ministers who speak against nationalisation, and leaders at Luthuli House who disagree with them and threaten them with disciplinary and political repercussions within the party.

Infrastructure is falling apart. Maintenance has been sorely neglected. Much of the country’s infrastructure is managed by parastatals. We are disappointed that no reference was made to the poor state of these parastatals. The leadership and financial crises faced by most of these parastatals need to be acknowledged and urgently addressed.

Working infrastructure enables economic growth, whereas dilapidated infrastructure impedes economic growth. Take for instance the financial and medical costs of using the roads, which are escalating because of the poor state of the roads. Major highways, including the N1 in Johannesburg and the N2 in the Eastern Cape, are riddled with dangerous potholes, not to speak of the preposterous situation in smaller towns and rural areas. The infrastructure maintenance units that had been phased out need to be brought back.

Aba bantu kuthiwa ngooNolongo, mhlekazi, bamisa iintente ecaleni kwendlela belungisa iindlela. [Hon member, these people are called Nolongo, they pitch their tents alongside the road while Ffreeborn repairing it.]

This would create permanent jobs and reduce government expenses. Infrastructure maintenance is cheaper than infrastructure replacement.

Service delivery protests expose the rift within the ruling party and its alliance partners, as well as the rift between the elite and the poor. Whilst it is fine and well to speak about the police enforcing order in these communities, it would be better, hon President, to speak to the leaders of the tripartite alliance. Nine times out of 10, it is they who are leading and instigating these protests to displace councillors and mayors they dislike, or to pursue other political agendas.

Hon President, you can help the people and communities by disciplining members of your political alliance, who are using the poor as cannon fodder for their political schemes.

Linked to the question of service delivery is the issue of people grandstanding and seeking cheap publicity. We regularly see the Minister of Human Settlements speaking of demolishing admittedly inferior government- built houses, but where are the new, better structures?

Could you, hon President, also take the country into your confidence and explain the proposed tariff increases for Eskom to build power stations, related to the Hitachi deal? The ruling party is heavily invested in that contract, which depends on Eskom imposing tariffs that would cripple the economy. Can we trust your Cabinet to make unbiased decisions in the best interests of the country, when the ruling party stands to benefit directly to the tune of billions from this Eskom deal?

Taking the above-mentioned into consideration, our assessment is that the state of the nation is not positive, nor are we convinced that this government is prepared and able to deal with the challenges that face us. Since this government was elected, we have not seen any significant delivery. The newspapers have been filled with reports of the types of cars the leaders are driving and in front of whose homes those cars are seen. Thank you.

Mr S L TSENOLI: Madam Deputy Speaker, Comrade President, Comrade Deputy President, Ministers, Deputy Ministers, and hon members, I feel privileged to participate in this debate.

Comrade President, the timing of your speech was absolutely exciting to us. [Laughter.] [Applause.] This is because we were celebrating, remembering those inspiring words that you took from No Fist Is Big Enough to Hide the Sky: the Liberation of Guinea-Bissau and Cape Verde: Aspects of an African Revolution, that we will be free. The African-American who visited us at Drakenstein Prison the other day reminded us that when big people make statements in public, such as they did, it is because the grassroots, their people, make them do so.

So, when they said in Guinea-Bissau that no fist is big enough, there were some who believed that that was not going to happen. They were as cynical as those who believed that we were not going to be able to make the 2010 Fifa Soccer World Cup happen. Now that it is happening, we welcome them in saying that we are going to host a successful 2010 Fifa Soccer World Cup. [Applause.] Evidence shows that we have promised and that we are delivering systematically. We do so, knowing that that success is in no small measure because of municipalities that are described as dysfunctional. It is perhaps often also human nature only to see what is wrong and ignore the good that is happening right in front of your eyes. [Applause.]

Madam Deputy Speaker and Comrade President, the ANC, which you lead and whose 99 years of history, tradition, and customs, you carry on your shoulders, taught this country democracy. Democracy unfortunately often produces unpopular results, because to appreciate the importance of doing the correct thing, we learn from our mistakes.

The ANC every five years publicly and openly discusses its internal issues, the problems that it confronts in dealing with other problems. Our discussion documents are circulated everywhere, for people to contribute to civil society, including some of the opposition. We take this view during our deliberations at our congresses and announce the results publicly.

How can they then want to claim for themselves criticism and self- criticism? We will not allow them to claim that for themselves. We taught them that. [Applause.] Criticism and self-criticism is our revolutionary practice. [Interjections.]

It may not often be right and good for us, but we do it, because we know the value of criticism and self-criticism. We do it regularly. Our leadership does it every day. This is a crucial point, because if we didn’t do that, people wouldn’t believe in what we are saying today. The confidence they have in us in every election comes from that.

For 15 years we have spoken openly of government’s assessment of its own work that we cannot continue on that trajectory. If we did so, people would be angry with us. This is what government said. Now you can’t talk to us about things that we know, that we ourselves do and assess, and so you give the impression that this is strange to us. [Applause.]

I can’t resist talking about the privatisation story that Umtwana kaphind’angene invites us to go into. President, he is correct that Einstein said madness is often defined as doing the same thing and expecting different results. Overwhelming evidence shows that whenever you do that, in many instances - and unfortunately this is the truth - things often turn out to be very expensive, if not for the consumers, then for the state itself.

In the council properties that have been given to the private sector to run, residents have had to endure three to four times the rent that they used to pay in the past. This consequently pushes out the poor to the periphery of the cities. That is not what we want to do. Is that what we want to do?

This is not a blanket story. There are different instances of overwhelming evidence, including respectable intellectual views, that suggest otherwise. James K Galbraith, for example, said quite frankly that liberals should learn from the conservatives in the USA that free markets don’t exist. Indeed, they are an excuse to give to friends and an excuse to profiteer, and that those who pursue these markets uncritically do so while ignoring available evidence before them. [Interjections.]

Comrade President, your reference to the turnaround strategy, as adopted by Cabinet, is a very important one, as a report to Parliament. Parliament is already engaged in a process, firstly, to hear from the department leading that process about its current state of readiness to implement it. It is also waiting to hear from national departments and Ministers about their views on where they are. Here we must thank the Minister of Rural Development and Land Reform, the Minister of Water and Environmental Affairs and the Minister of Energy for their input.

Speaking to Parliament, reacting to Parliament as an activist Parliament, provided us with key issues that confront those departments in their relationship with municipalities. They provided us with insights that are very useful and that will come into play in the action we are going to take with the turnaround strategy. The turnaround strategy is a framework that will enable us - in other words, national and provincial departments - to act in a manner that reinforces the effectiveness of municipalities.

The solutions to some of the problems we are talking about, including housing, transport and some of those issues, lie elsewhere for their effective resolution. In a sense, the remedy that we seek is not only at municipal level; it is at national, provincial and also at parastatal level.

We heard an excellent presentation from the Development Bank of Southern Africa, DBSA, for example, on how and what they are doing and the resources they are able to command and bring to bear on this. The problem is effective institutional co-ordination, so that we pool our resources much more effectively to bring about improvements in these areas.

This is work in progress; it is an excellent programme. The Minister for Co- operative Governance and Traditional Affairs, with his energetic rushing across the country to interact effectively with municipalities and traditional leaders, has put that turnaround strategy in place after having consulted.

One of the things, of course, that we would interact with him on a regular basis is …

Ntate Shiceka, baholo ba re lepotlapotla le ja podi, lesisitheho le ja kgomo. [Mr Shiceka, the elders say that when you do things in a rush you are bound to make mistakes, but when you take things slowly you reap the rewards.]

… slowly, slowly does it. In other words, we have to ensure that we give the stakeholders we interact with sufficient time to pool their resources, which includes the constituencies that they can mobilise, so that they are able to effectively assist us in bringing about this turnaround strategy.

One of those stakeholders, Comrade President, is the government that you lead. I am told that there is about R2 billion that various departments owe to municipalities. Now, we don’t know for how long that has been the case. Some of the debt might be 60, 90 or 120 days outstanding, and so on.

These are complex programmes relating to the effectiveness of the municipalities’ ability to bill this department in time. What we are suggesting is that it would make a huge impact if one of the things we do is to systematically work with departments, and for them to work with municipalities. This means they will be able to release and unlock those resources, so that they help with the cash flow of municipalities.

What is important is our assessment of the nature of the political and administrative problems in municipalities, those we have identified in the past. Your leadership in interacting with municipalities and mayors across the board has laid the foundation for what is emerging, amongst other things, in that framework of the turnaround strategy. Therefore, you have already given practical leadership around those issues.

We believe that with the parliamentary process that now proceeds to the provinces we will have enough of a basis to understand the state of readiness of the municipalities in provinces to shape themselves so that they are able to interact effectively with these issues. We will make a big difference to the nature of what we are going to do.

I want to return, in the last minute that I have, to where I started. If the private sector is given an opportunity - as was the case in the United States of America, where the crisis that we face today started - and if we really just allow them to go ahead and do those things, we wouldn’t be where we are today. That it necessitated state intervention to bail them out is an important recognition of the failure on their own, without regulation, to do business properly.

So, in a sense what we are saying, Comrade President, is that the government that you lead must not hesitate in undertaking proactive and very effective relationship building that recognises the weaknesses that exist there, and also often the strength that the public sector has; especially in line with what we call the developmental state, which we would like to create with the features that you identified during your speech.

It must be decisive, interventionist and inclusive in how it deals with these issues, and not be a replication of what others want us to believe.

We are not amazed at the cynicism of others about the kind of leadership you are providing. They cannot but do otherwise; they are opposition, and so often what they say has no basis in reality. [Interjections.] [Applause.] We can’t blame their confusion if, in spite of ANC conference policy resolutions that clarify our policies, they still get confused with the robustness of our debate elsewhere.

Our responsibility is to lead all of society in debate. Government has a policy process and so there is no reason for us in the ANC and our allies to claim confusion, because we know exactly where we are going. We understand the processes of decision-making, and we are not afraid of debate, internal and external. I thank you. [Applause.]

The CHIEF WHIP OF THE OPPOSITION: Madam Deputy Speaker, the previous speaker spoke about the strength of our Public Service. Let’s talk about that. But first, I would like to start my speech by handing a bouquet to the Minister of Mining, Minister Shabangu.

Her comment, that mines would not be nationalised in her lifetime, showed, I think, extraordinary leadership. It shows that she understands that international capital markets are fickle, that markets like certainty, failing which, investment capital is hesitant or comes with a high risk premium. For this, she gets top marks. By contrast, Julius Malema is shown to understand as much about markets as he does about woodwork. [Laughter.]

I regret that the President didn’t actually speak his mind on this vital subject. Proponents of nationalisation have not outlined a cogent case to show how such a move will create jobs and reduce poverty. Surely that is this country’s highest priority? Yet the proponents of nationalisation continue to trumpet it as the panacea for our country’s socioeconomic problems.

These calls appear to be based on the assumption that the state has the ability to run mines profitably and state-owned enterprises effectively. The truth is that our state-owned enterprises have, over the last 15 years, lurched from one crisis to another. Over the last three years, R243 billion has been spent on rescuing parastatals.

They have been a drain on the state’s limited financial resources, rather than a net contributor to economic prosperity. Yet these institutions are supposed to be the vanguard institutions of the developmental state.

There are two fundamental problems that stand in the way of state-owned enterprises advancing the ANC’s developmental state, namely financial and governance problems – and, incidentally, they are interrelated.

Financially, SOEs lack capital and are investment hungry. Eskom’s current funding difficulty in infrastructural expansion has clearly exhibited that neither it, nor the government, has the capacity, hence Eskom’s endeavour to get private sector investment for Kusile, and, no doubt, other power stations. We welcomed this.

Secondly, the issue of governance speaks directly to the issue of cadre deployment, as opposed to a fit for purpose approach, where merit, skill and ability are the determining factors for appointment. It also speaks to the fact of regular interference by political office bearers in the day-to- day running of SOEs. Boards get turned into lame ducks as politicians meddle in the running of these entities.

This is exemplified by the paralysis we have seen in the long list of parastatals without chief executives. Armscor recently joined the list of Transnet, SAA, Eskom, Denel, SA Tourism and the SABC – and we have seen the turmoil there.

Last Thursday, the chief executive officer of the Road Traffic Management Corporation took voluntary leave pending investigations into allegations of gross financial mismanagement, procurement irregularities and misappropriation of funds.

In all of these examples there is a consistent pattern - parastatals being mismanaged into the ground or brought to their knees by political interference and corruption, only to be bailed out and the management and the board replaced at great cost. For a country that has yet to find a successful formula for running existing SOEs, the creation of more SOEs in the name of the developmental state, is laughable.

Against this backdrop, question marks must be raised over the ANC’s renewed determination to build a bigger and even more interventionist state. The state is currently struggling to fulfil some of its most basic functions. Too many institutions as well as government departments are already incapacitated and overwhelmed. To give them additional responsibility and power of intervention when they cannot even execute their core function, is likely to cripple them altogether.

The state lacks critical management capacity. It does not have a skilled, efficient and meritocratic bureaucratic elite – prerequisites for a developmental state. On the contrary, the ANC’s policy of cadre deployment has ravaged the Public Service, fuelled corruption and stalled service delivery.

No, Mr President, instead of government trying to nationalise or control everything, we need to open the economy, promote opportunity, create competition and give choice. Mr Speaker, one of the most critical tasks facing our nation is economic growth and the creation of jobs.

Now I hear the President boasting that the government has created 480 000 Public Works job opportunities. What do opportunities actually mean: work for one day, one week, or one month? The truth is that the economy lost over 870 000 real jobs. The truth is that government’s capacity to create real jobs is limited – either 500 000 supposedly for last year or 4 million by 2014.

It is the private sector which is the engine room in this regard, yet it is looked upon with suspicion by this government and threats of nationalisation are thrown about. We welcome the President’s proposal of a wage subsidy for younger workers, but this is nothing new. Indeed, we, the DA, set out detailed proposals in this regard in 2005 in the Budget debate. Let me read to you Mr Manuel’s response to its introduction by me in this House. I quote:

What you are saying is: Give a tax incentive to people to employ others at home. What you’re looking for is a colonial mindset. You want to be waited on hand and foot by black people who will carry and fetch and the more you employ the more the state will subsidise that lifestyle. We will not do it for you in our democracy.

Now you go and tell the President that, Minister Manuel. A wage subsidy is an important intervention, but it is, at best, a palliative. We need to grow the economy. To do this, we need increased investment and higher productivity.

However, government is focusing on neither because tripartite unity is the issue of primary importance and giving a strong lead on either of these two key issues would mean confronting the protective trade unions and quashing talk of nationalisation, all of which will threaten tripartite unity.

Mr President, we need leadership. I thank you. [Applause.]

The DEPUTY MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: Deputy Speaker, hon President, a primary school child visited Parliament and sat in the gallery. He watched how the Speaker entered the Assembly, nodded to the right, nodded to the left and then asked for a moment of silence for prayer.

Back at school, he wrote an essay about his visit:

The Speaker is as despondent about the future of South Africa as my father is. The Speaker walked in, looked to the right at the ANC government, and shook his head in dejection because he could see that they were not going to solve the country’s problems.

Thereafter, full of hope, he looked to his left at the opposition parties, but also became despondent when he saw that there was no hope that they had any solutions. That’s when he said the only thing left for this country is prayer; let us pray together.

[Laughter.]

Now, sir, may we never reach that point, where there is no longer any hope or solutions for South Africa’s problems.

In his state of the nation address, the President was very precise in his proposals as to how certain problems could be resolved, but also very vague about others. I’ll give you an example: The FF Plus welcomes the emphasis on education, and the specific measurable objectives which have been set. The FF Plus would like to add specific objectives for more mother tongue education.

We would also like to congratulate the government on the fact that almost 33 000 fraudulent social grant payments to the value of R180 million have been terminated. It’s a small but important step in eradicating large-scale corruption.

The FF Plus welcomes the outcomes-based approach of government; it makes it possible for opposition parties and the public to measure and evaluate the government’s success. Many other problems were identified correctly, but the solutions are still very vague.

Volgens meningspeilings is misdaad, en die feit dat Suid-Afrikaners nie meer veilig in hul huise voel nie, een van die ernstigste probleme in die land.

Rooftogte by huise het verlede jaar met 27% toegeneem, en as die syfer oor drie jaar geneem word, is dit 54%. Moord het effens afgeneem, maar die Suid- Afrikaanse moordsyfer is steeds 37 uit elke 100 000 van die bevolking, terwyl die wêreldgemiddelde vyf uit 100 000 is. Dit beteken dat 50 mense vandag in Suid-Afrika vermoor gaan word en 50 elke dag vir die res van die jaar.

As daar na moord op plaasboere en hul werkers gekyk word, gaan die syfer op na oor die 200 per 100 000 van die bevolking – ten opsigte van plaasmoorde wat op die wreedste maniere gepleeg word.

As die President dan slegs enkele sinne in sy toespraak aan misdaad wy, beteken dit daar buite dat misdaad nie ’n prioriteit van die regering is nie.

Waarom kan moorde op plase nie as afsonderlike polisie statistiek gegee word nie? Die boerderygemeenskap aanvaar dat die rede is dat plaasmoorde – van wit en swart – nie vir die regering belangrik is nie. (Translation of Afrikaans paragraphs follows.)

[According to opinion polls, crime, and the fact that South Africans do not feel safe in their homes anymore, is one of the most serious problems in the country.

House burglaries increased by 27% last year, and when the figures are taken over three years, it is 54%. Murder has decreased slightly, but the murder rate in South Africa is still at 37 per 100 000 of the population, while the average internationally is five per 100 000. This means that 50 people will be murdered in South Africa today and 50 every day for the rest of the year.

When we look at the murder of farmers and their workers, the figure rises to 200 per 100 000 of the population – in respect of farm murders which are perpetrated in the most brutal ways possible.

So when the President devotes only a few sentences in his speech to crime, the perception out there is that crime is not a priority of the government.

Why can’t police statistics on farm murders be reported separately? The farming community believes that the reason for this is that farm murders – of white and black – are not important to the government.]

Rural development is rightly one of the priorities of the government. In my contact with farmers throughout the country, they affirm the importance of this and offer their assistance.

For rural development, it is important that especially commercial farmers create more job opportunities. The commercial farmers ask me how one can create more job opportunities and expand one’s farm, if, after 15 years, one is still not certain that one will keep one’s farm; if one’s neighbour is murdered and one is not certain whether one will experience a farm attack at night; if one’s children have to be sent to a school 300 km away because the Afrikaans school close by has been closed by the government.

If the Minister of Human Settlements then also comes and falsely accuses farmers of being the main cause of squatter camps, the commercial farmers’ offer to help with rural development is then lost, while they have to fight just for their own survival.

Urbanisation is an African phenomenon. Kibera, adjacent to Nairobi, is the largest squatter camp in Kenya, with more than 600 000 people living in an area of four square kilometres. There are no South African farmers there.

How many people have moved from the former Transkei to the Western Cape? How many foreigners from Africa have streamed over our borders and settled in squatter camps? Are farmers also being blamed for that?

Twenty-one African states have already made offers to lure South African farmers to their countries. Even Mr Gaddafi, of Lybia, is promising the sun and the moon. He is promising diesel at 50c a litre and a pipeline to make unlimited amounts of water available. How do I answer these farmers?

The FF Plus welcomes the President’s proposal to subsidise the cost of hiring young workers. Does this proposal include all young people or are young white people excluded from this? For what reason can young people who were born after Mr Mandela’s release – the so-called “freeborns” – be excluded from this? The black wealthy and middle class is already considerably larger than the white rich and middle class. Affirmative action at present only takes race into consideration and not economic capacity. For what reason should a black millionaire’s child be advantaged by these measures, while a poor white child is disadvantaged?

The government is making a mistake if it does not take notice of the growing opposition and polarisation that affirmative action is causing, especially amongst the youth. Read the letters in the newspapers and listen to the debates on university campuses.

Let me read you a part of Selna du Toit’s letter, dated 12 January of this year, in the Afrikaans newspaper, Beeld. She writes:

Last year our son completed his matric. He obtained seven distinctions and scored 97% in the Maths paper. He cannot get a bursary to study computer engineering. At this point, there is bitterness in his heart because nobody wants to give him a reasonable chance.

I therefore direct an urgent plea to our government and all those large companies that only give bursaries to students if it will give them points for black empowerment: Rise above this destructive form of intimidation and give bursaries to all deserving students in South Africa. Give everybody hope that there is a future for all in this beautiful country. What answer should I give Selna about her son? When will there be equal opportunities for the young freeborns? And when will we learn not to use the race card when we differ in opinion from someone else?

When Mr Malema differs from Mr Cronin, he calls him a white Messiah. When Mr Jimmy Manyi differs from Mr Godsell concerning the firing of Mr Maroga, he calls Mr Godsell a racist. When Judge Motata differs from the person who testifies against him in his drunken driving case, he calls that person a white racist – even though he does not know him at all.

Why should all 36 university campuses in South Africa be English? When I argue that at least two or three of these campuses should be largely Afrikaans, with white, brown and black South African students, it is labelled as hidden racism by the government spokespeople.

When you host an Afrikaans cultural festival, it is suddenly racist, but a Zulu festival in KwaZulu-Natal is not racist.

Rightly so, Mr Vavi, of all people, says:

The using of the racial card when there really is no racism makes it difficult to combat real racism.

This approach forces the South African population into different camps that oppose one another. The same happens with ill-thought-out name changes.

In his state of the nation address in June last year, the President said:

We will ensure a common national approach to the changing of geographic and place names. This must provide an opportunity to involve all South Africans in forging an inclusive national identity, to deepen our understanding of our history and heritage.

But names changed without this having taken place. The FF Plus understands that all groups’ names should be given recognition. But there is a very big difference between a name such as Pampoenfontein, and one like Pretoria. Names such as Pretoria, Potchefstroom, Pietersburg and Piet Retief were named after Afrikaner heroes and carry a lot of Afrikaner history and emotion. Why are these names specifically targeted, if it is not meant to elicit confrontation?

The FF Plus believes that with negotiation guidelines can be developed to manage the sensitivities around these issues. For example, names which offend should be changed; names which have great historical value for a specific group can only be changed in consultation with that group; names cannot be changed after a specific cut-off date etc.

The way name changes are being approached at present will, for the next 20 years, from town to town, cause conflict between communities. It is bad for relations and causes an ever-increasing polarisation between communities.

All kinds of compromises are possible, with examples worldwide where towns have double-barrelled names and where both heroes and traitors are acknowledged because they are part of history. For example, in London, at the one end of Whitehall, you will find a statue of Charles I, the king who was beheaded; at the other end of Whitehall you will find a monument to the man who did it, Cromwell. Cromwell stands in front of the parliament which he disbanded.

Sir, remember, you have not converted a man because you have silenced him or tried to wipe out his history.

The previous government – and here is a lesson I learnt – could not change Mr Mandela’s views with his incarceration. In the same way, no part of the South African population can be bullied into nation-building. If they feel accommodated it will be easy and there will be a lot of co-operation. Nation-building is always a voluntary process. Let’s try to achieve this. Thank you very much. [Applause.]

Mr B M KOMPHELA: Deputy Speaker, hon Deputy President, hon President, hon members, friends, colleagues and comrades, it is an honour for me to take part in the debate on the President’s state of the nation address, cognisant that in the imperatives and priorities outlined by the ANC in the manifesto we’ve given our people hope. On the evening of 11 February 2010, we celebrated the release of uTata Nelson Mandela, when he walked out of Victor Verster Prison as a free man, free at last. You chose that day to call a Joint Sitting of Parliament to deliver the state of the nation address; to celebrate a watershed moment that changed our country.

Indeed, the release of uTata Nelson Mandela was brought about by the resolute struggle of the black people in this country. The masses of our people in their different formations responded with determination to the call to make this country ungovernable and apartheid unworkable.

As we celebrate Nelson Mandela’s release, we recommit ourselves to the call that he made for reconciliation, nation-building, the unity of our people, nonracialism and building a better South Africa, black and white together.

We are truly guided by the inspired words of Nelson Mandela, who on the edge of death in the dock said:

During my lifetime I have dedicated myself to this 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 it needs be, it is an ideal for which I am prepared to die.

Those were inspiring words from Nelson Mandela, on the commitment of choosing death over any other thing like the oppression of the people of this country.

In the President’s programme of this year of action, the ANC commits itself also to building a developmental state, whose characteristics are similar to those of the UDF - a caring, sustainable, democratic and people-centred society. In celebrating our achievement in the ANC, we’ve done a number of things in a very short period of time that an apartheid government could not do in 400 years. [Applause.]

Today when you visit the Fifa website you will see that the destination for the World Cup is South Africa. There is no longer a plan B. Many of the people were caught up in euphoria about a plan B. Plan B was South Africa; plan A was South Africa; plan Z was South Africa, and we are in that mood today.

We are celebrating in the midst of despair and a total onslaught on the field of play. Today we celebrate that our struggle for transformation in sport was a just struggle and the “Age of Hope”, which the former President Mbeki talked about, has dawned on sports in this country.

We are celebrating a better South Africa and, as the ANC, we even inspired millions of our people. When a young South African, Roland Schoeman, was confronted with a choice as to whether to abandon this country for money and join other swimmers to earn millions of rands in Qutar, he took a very bold decision that he would not leave South Africa and abandon his citizenship. That is patriotism in the bones of this young Afrikaner. [Applause.]

The ANC proclaimed in 1955, when our forebears, our parents, formulated the Freedom Charter, that South Africa belongs to all who live in it, black and white, and cannot be an exclusive terrain of white people with black people pushed to the periphery. That is what we are opposed to and we’ll be opposed to anything that pushes the white people to the periphery and black people above them.

As we gather here today we want to join you in the call and tell the world that as the ANC we are satisfied with the 2010 Fifa World Cup preparations. The stadiums, training venues, accommodation, transport, security and even logistics, fan parks, the restaurants that will serve delicious food, and most importantly, the host cities are ready; and e can play this spectacular event in our country at any time.

We will work together to ensure that Africa’s first World Cup will amaze the world and us beyond expectation. We state with absolute certainty and belief that we are ready for the world and the world is ready for our stage.

The success of this event is not just a question of the bricks and mortar operations. It offers an opportunity to place this moment in the context of our country, the continent, the past struggle of all our people and our collective future.

This event must contribute to our programme of nation-building and asserting ourselves and our Africanness and our commitment to the world. We often speak about our Africanness, our collective heartbeat that echoes throughout this great continent.

This World Cup will be similar to the one in 1995; a year after the election of a democratic country when uTata Nelson Mandela wore jersey Number 6 of the Springbok team, celebrating and uniting our people in the calls for a free, democratic, nonracial country on an equal basis. That is how he led us in the celebration of that great moment when the World Cup was won by the Springboks.

This is a difficult phrase to explain because it is not a racially exclusive term, but because it has a history that only those who were defiant and those who remain defiant in the face of repression can understand.

When you are faced with a reality that says you are not good enough, you are a third-class citizen, you can only participate within predetermined perimeters, you still have a choice at that moment to either accept the fate that has been assigned to you, or choose to change that fate. This is when our Africanness moved from being a static word to being an action.

It is not rhetoric but an active reality; it is the movement that started over many years with founding fathers of the liberation movement, the likes of Kwame Nkrumah, Samora Machel, Oliver Tambo and Nelson Mandela.

The will to move mountains to achieve what we believe is just and fair is part of the eternal mechanism of our Africanness. It is what drives our constant pursuit of excellence and equality; it is also what instils the belief that both excellence and equality are possible, simultaneously.

This is what the 2010 Fifa World Cup epitomises to us as a country. We had to fight both internally and externally. There was pessimism and disbelief at the tenacity of our country at the southernmost tip of Africa to host this tournament.

We do not think any other country has had to contend with as much negativity as we have. When we arrived in Korea, Japan, Germany and France, all of them said this negativity comes from our country. They said that their sister journalists are fed by Media 24 about the negativity in our country. They asked where we thought they got this information if not from our country.

We, journalists, and the people should be patriotic because when you ask them where they get the information that people at O R Tambo Airport have spears, pangas and guns, they say it is our country that feeds them with that kind of information; but it is not real.

Those who supported the 2010 World Cup are ingrained with an Africanness. They include Desmond Tutu, Sepp Blatter, Issa Hayatou and our own Nelson Mandela. The new faces of Africanness have been awakened by hosting the 2010 Fifa World Cup in a few months, with almost 115 days to go.

For the entire history of Fifa it has never been on the shores of this continent, a continent that has given so much to the world and that has produced the likes of Ace Mabhekaphantsi Ntsoelengoe, Roger Milla, Steve Kalamazoo Mokone, Lucas Radebe, Abedi Pele, George Weah, Michael Essien, Samuel Eto’o, Didier Drogba - and the list is endless.

That is why we are unequivocal in calling on the country to rally against injustice. Today we are satisfied that South Africa must heed this call, the call that we are ready to host the 2010 Soccer World Cup because working together has demonstrated that we can achieve more.

Today no one needs to be convinced … Thank you. [Time expired.]

Rev K R J MESHOE: Deputy Speaker, President of the Republic, Deputy President and hon members, the ACDP joins other speakers in thanking the President for dedicating this debate to former President Nelson Mandela for his legacy of forgiveness, reconciliation and nation-building. One of the positive things, which has given us hope that we might see improved service delivery, is the President’s announcement that the work of the departments will be measured by outcomes and that Ministers, who are responsible for a particular outcome, will sign a detailed delivery agreement with the President.

Questions that arise from this announcement include: Firstly, will the key outcomes of what Ministers will be held accountable for, be made public? If yes, when will they be made public? If no, how will people confirm that Ministers and their departments are performing optimally and efficiently if they do not know what the expected outcomes are?

Secondly, will the President be monitoring delivery programmes alone or will the Cabinet Ministers, who might be tempted to protect and defend their colleagues, be working with him; or will he appoint a body of objective political and independent panellists to help him with the assessments?

Thirdly, what will happen if Ministers fail to deliver? Will they be fired, demoted or deployed to other departments as has happened many times before?

In his state of the nation address on 3 June 2009, the President said one of the 10 priorities of the government was to intensify the fight against crime and corruption. However, in his Thursday night speech he spoke only about fighting crime as one of government’s five priorities.

We want to know why fighting corruption is no longer a stated priority of government. Corruption in this country is a pandemic that seriously undermines economic development and growth.

It was reported a few months ago that more than 2 000 corrupt public servants rigged government tenders worth more than R600 million and that poor procurement policies, strategies and systems were costing both the South African private sector and the government losses amounting to more than R25 billion each year. How can the fight against corruption not be among government’s top listed five priorities when so much money is being stolen by government employees?

Just recently Finance Minister Pravin Gordhan revealed in Parliament that government, for example, pays more than private business for everything it purchases. Some estimates indicate it is as much as 10% to 30% more, despite government’s potential bargaining power. This is nothing but a waste of taxpayers’ money, which the ACDP deplores.

Deputy Speaker, besides the efforts of the Finance Minister to address the corrupt tendering system, particularly in Limpopo, we want to know what else government is doing to stop this cancer?

We also want to know what government is doing about the frustration expressed by the head of the Special Investigating Unit, Willie Hofmeyr, before Scopa last month. He is reported to have said that the government has failed to deal decisively with cases of corruption identified by his staff.

As he identified disciplinary processes, a weakness of government, he also said that there are cases of a really serious nature where disciplinary action does not take place. Mr Hofmeyr concluded that the possible reason for this lack of decisive action could be the progressive labour legislation that is preventing government from firing corrupt officials.

The ACDP wants to know when government is going to do away with lengthy disciplinary processes and suspending corrupt public servants on full pay. We believe that certain labour laws must be revisited and amended to make it easier for employers, including government, to charge thieves and corrupt officials for their crimes and to fire lazy workers.

We have heard this past week that the Eastern Cape department of health has overspent by almost R2 billion due to fraud, corruption, dishonesty and financial mismanagement. As a result, there’s no money to pay health workers and municipalities such as the Baviaans Municipality.

The mere suspension of senior officials for using an emergency aircraft intended to ferry sick people, to go to Bloemfontein to watch a soccer match, is disgraceful. Will the President ensure that these officials do not just get away with a slap on the wrist in the form of a suspension with full pay and that those who are guilty of corruption are charged and prosecuted?

I did not understand what the President meant by saying:

We will implement all the undertakings made on World Aids Day relating to new HIV prevention and treatment measures.

Does the President still believe in government’s ABC strategy, which, in our view, he has undermined and acted against? What are the new HIV prevention measures that the President referred to? The ACDP further wants to know from the President what government’s latest position is on Eskom’s proposed 35% per annum electricity tariff hike for the next three years, particularly so because of the reported compelling reasons to believe the ANC will benefit from the proposed tariff hikes.

Is it true, Mr President, that the ANC’s share in this deal, through Chancellor House that holds a 25% stake in Hitachi that won a tender to build the R20 billion Medupi boiler in Limpopo in 2005, is worth more than R5,7 billion? If this is true, Mr President, then this would be another form of corruption in the majority party.

To hear the ANC secretary general, Gwede Mantashe, saying there is nothing wrong with the party holding a stake in Hitachi was shocking. We hope by now that the treasurer of the ANC has taken steps to disinvest the ANC’s interest in Hitachi as he promised.

If this is not done, then the poorest of the poor in our country must be informed about the deception of this party that claims to speak on their behalf, whilst behind their backs they actively collude with Eskom’s greed, exploitation and self-enriching price increases.

The ACDP supports calls to invest in the unused potential of South Africa’s coastal wind and solar resources rather than building two huge coal power stations that would undermine our commitment to curbing greenhouse gas emissions.

In conclusion, Mr President, may I urge you and your government to work faster and harder, as you promised, to ensure that your administration performs better and responds faster to the needs of our people; because the writing is on the wall.

As you know, hon President, the ACDP objected to the opening of Parliament at night, something that is not done in any democratic country in the world. I believe that what happened on Thursday night, 11 February 2010, was prophetic. The sun is setting on the ANC, Mr President. [Laughter.]

Violent protests at Balfour this past week, and your visit to the area and after that the subsequent visit of a nine-member ministerial team, is sending a clear message to the government. People are running out of patience, and they want service delivery now. [Interjections.] Yes, it is going to sink.

They are saying: Fix our roads that are in a deplorable state, eradicate poverty, high unemployment, illiteracy, corruption and crime urgently or you might not have another opportunity to give another state of the nation address. Thank you. [Applause.]

Dr W G JAMES: Dit is my voorreg, Speaker en eerbare raadslede, om ’n paar idees met u te deel. [It is my privilege, Speaker and hon members of the House, to share a few ideas with you.]

One may look at President Zuma’s state of the nation address in terms of what he said and what he did not say. In terms of what he said, I have very little quarrel with that and support the overall thrust: the focus on job creation, education and health. The claim about the 480 000-odd jobs is a fudge and it is an act of what one may term “rhetorical elision”.

I object – to use a Soviet Union-style term – to the rehabilitation of P W Botha. I will return to Botha at the end of what I have to say if there is time.

The main issue with President Zuma’s address is what he did not say and the lack of ambition he indicated in word and manner for our country. Our economy is animated by the talent, ideas, intellectual property and spin- off entrepreneurial opportunities coming from some of our 23 universities, Deputy Minister of Agriculture, and over 50 colleges. We have the most advanced science, medical and technology infrastructure on this continent by far. We are at the high end of astronomy, nuclear physics, biotechnology, medical genetics and large-scale engineering and construction.

Together with our science council system, we could be the powerhouse on the continent, competing globally with the likes of India, Brazil and Chile. But we are running at 40% capacity and we need to get to 100%. We need hundreds of trade schools for high-end artisan training. None of this is new to you. To get there, we require an unrelenting attention to quality.

I think of Stanford University in California, a fourth-rate institution in the 1940s after the war. It was built up by its legendary provost paying consistent attention to detail in hiring quality staff and attracting quality students, and working in a well-run and properly functioning institution on the basis of a quality infrastructure.

We certainly need to apply ourselves similarly. Careers pursued via universities, colleges and trade schools are equally valued and important, and we should market our aspirations accordingly.

Education should be the joyful unlocking of human potential and not a burden to the taxpayer of head-stuffing students, who are seen as units of information consumption. We have a great base on which to build.

Let me give you some examples of inherited nodes of the knowledge economy: Firstly, deep-level mining produced innovations in engineering, geology, paleontology and medicine at the University of the Witwatersrand.

The second example is the HIV/Aids infrastructure that is emerging in KwaZulu-Natal - the University of KwaZulu-Natal together with this Wellcome Trust-funded clinic in the northern part of KwaZulu-Natal, together with the development of Aspen Pharmacare, which is the largest commercial producer of antiretrovirals in the country.

Thirdly, the viticulture - the art of wine-making - department at the University of Stellenbosch, together with plant pathology, was looking at the development of a bottling, corking and label-printing industry. There has emerged a knowledge economy around that very important part of the Western Cape economy.

The fourth example is the medical devices industry; biomedical engineering linked to heart transplant surgery and immunology at the University of Cape Town.

The fifth is dentistry at the University of the Western Cape; UWC has been producing dentists for the country through its practicing hospital in Mitchells Plain. I wanted to say something about the fact that they practice conservative dentistry, which is why most of the people there have front teeth. [Laughter.] The last example is the University of Pretoria’s Onderstepoort veterinary division, where we have seen a world-class facility in animal health emerge together with the development of the sequencing of heartwater disease and vaccine development.

We need to move into other niche areas. We have a very long coastline and there are opportunities for marine biology and the development of aquaculture, which is fish farming.

We need to move into the area of carefully looking at alternative sources of energy. We need to look at the area of what advantages the Cape Floral Kingdom can give to plant biotechnology. But to get to 100% capacity, where our tertiary sector pumps away at the knowledge economy, we need to deal with some quality issues.

There are very serious governance breakdowns at our tertiary sector institutions. I have had a very close look personally at what has been happening at the Tshwane University of Technology, and the Minister of Education has tried to do that as well, and what we’ve seen there is a criminalisation of the residences at this university. And that requires very serious security and other forms of attention.

The administrative support systems, including library management, are hobbling, and many of the historically disadvantaged universities require much more demanding levels of accountability and performance management.

The academic staff recruitment practices similarly require scaling up at all our universities, but particularly at the historically disadvantaged universities. But I want to point out that of the 41 383 academic staff at our universities, only 16% have doctorates and 34% have masters degrees. Therefore, half of the academic staff do not even posses a masters’ degree and the figure for the poorer universities is even more pathetic.

So I look forward to the budgets of the Ministers of Education, Health, Arts and Culture and Science and Technology, to see whether they will exemplify passion and ambition for excellence and quality for all the people who make up our nation. I have no doubt that they will try. It is my job to hold you to account for the unrelenting pursuit of quality because we deserve nothing less.

I do want to make one remark about P W Botha in closing. He signed the death warrant of District Six in the 1960s. He was responsible, together with Magnus Malan, for launching military attacks on our neighbours, including on ANC camps. He was responsible, together with Adriaan Vlok, for two states of emergency. He was responsible, in 1987, for tightening up the group areas system that caused misery for many people.

He met Madiba to size him up. He did not meet him in order to see whether he would release him. He was a belligerent, irascible bully who masqueraded as a politician and I don’t think we should rewrite history in such a way that it honours him. Thank you very much. [Applause.]

The DEPUTY MINISTER OF BASIC EDUCATION: Madam Deputy Speaker, Mr President, Deputy President and colleagues:

Education is the great engine of personal development. It is through education that the daughter of a peasant can become a doctor, that the son of a mineworker can become the head of a mine, that the child of farmworkers can become president of a great nation.

These are the words of Nelson Mandela. When the great Nelson Mandela walked through the gates of Victor Verster Prison 20 years ago, he was confronted by a racially fractured education system constructed on the Verwoerdian notion of subservience and baasskap [domination], and steeped in the discriminatory practices of racism and sexism.

Lever and Krafchik, in an article entitled Spending on Socio-Economic Services, which was published in 1988, clearly captured the challenges that the system faced by stating, and I quote:

It has been estimated that prior to 1994, around 64% of the black population was functionally illiterate. Numeracy and technical skills were widely lacking. The majority of black teachers who comprise the bulk of the nation’s teaching corps were underqualified. The school system for Africans was in disarray and disorder, and most African pupils failed to complete more than eight years in a schooling system which was, anyway, highly ineffective.

The new government inherited a ramshackle system of partially desegregated schooling that continued to be characterized by great racial inequalities in per capita expenditure from public funds. Resource constraints, both physical and human, made the effective implementation of the curriculum at most black schools highly problematic.

The postapartheid ANC government has done remarkably well in dismantling the apartheid edifice in education, as well as extending formal access to learners in the compulsory education phase with nearly universal enrolment. The period after 1994 was characterised by dramatic strides in the equalisation of education expenditure.

Today, more children are staying at school until matric. It is also estimated that about 85% of our learner population is now receiving at least 12 years of education, either in schools or colleges.

In addition, millions of learners are exempt from paying school fees. Also, the national nutrition programme provides for nutrition at approximately 19 000 schools, which translates into 6 265 065 primary school learners and about 1 million secondary school learners benefiting from the programme. The scheme has been expanded to include learners from the poorest quintiles in high school and we have already seen evidence of improved attendance as a result of this intervention.

Yet we continue to be confronted by the stark realities of some 40% of our schools being overcrowded and hundreds of schools being without water, sanitation and electricity and schools with inadequate infrastructure or which are unsafe. In recent months we have witnessed the effects of tornados, storms and inclement weather, which destroyed schools in the provinces of KwaZulu-Natal, Eastern Cape, North West and Limpopo. This is a matter that must be resolved swiftly as our learners cannot be exposed to the elements.

To compound the problem, there have been instances of vandalism and theft of school property. We cannot allow this to happen to our schools that are our islands of hope. We must mobilise our communities to take ownership of our schools, and to act as the custodians and protectors of our institutions of learning.

Despite significant advances, the primary measure of quality in education, ie learner achievement, has continued to lag behind. There are a number of reasons for the continued underperformance of the South African schooling system. These include poor management of schools by principals; inadequate teaching; lack of content knowledge among teachers; lack of support to schools by district and provincial offices; a heavy administrative burden on teachers; limited time on task; and weak acquisition of foundational skills by learners.

There is a growing international consensus that achieving quality in an education system will require a clear and unrelenting focus on three main components of the system. Mr Masutha spoke about the three Es; we shall talk about three Ts, ie teachers, text and time.

To this I may add technology. Nic Taylor has put it very aptly, and I quote:

Three features of our school system combine to undermine effective teaching and learning: poor time management, insufficient attention to text, and very low levels of teacher subject knowledge. The accumulating evidence indicates that with respect to these three factors, our teachers and schools are significantly worse off than those of our much poorer neighbours in the region.

The Coleman Report of the 1960s in the United States found that –

… the in-school factor that was found to have the most significant effect on achievement for all students was good teachers.

The quality of teachers becomes a yardstick for the quality of an education system. But this is well-trodden territory. Our partners in the unions will be quick to point out that this kind of analysis could indeed easily slip into blaming teachers for the educational woes of our country.

The simple point we are making though - supported by a range of commentators - is that well-qualified and competent teachers who arrive on time, are of sober mind and body, are well-prepared for their lessons and teach for the duration of the school day, are the most critical element in the improvement of the educational system; not only in South Africa, but indeed across the world.

The best investment that any country can make in its efforts to improve the quality of its education system occurs, principally, in the preschool sector. It is here where the foundational skills in literacy and numeracy are established. These skills prepare children for primary schooling.

The positive effects of early education for later educational success and career progress are now universally acknowledged. Government’s vision for early childhood development is that it will serve as the bedrock for the holistic development of the child.

It has been scientifically and empirically established that the most critical and significant cognitive development of a child occurs from birth to four years. This is when a child also develops fine motor skills and acquires attitudes which are either positive or negative. The role of parents in this important phase cannot be ignored. To this end, the Department of Basic Education and the Department of Social Development are working closely together to ensure that practitioners and caregivers are able to contribute meaningfully and purposefully towards the full development of the child.

As the President correctly indicated, literacy and early childhood development initiatives will go a long way toward creating employment opportunities. But, more importantly, these initiatives will also go a long way toward developing skills in the critical areas of education, which we desperately need for social transformation.

For example, the Kha Ri Gude Mass Literacy Campaign employs 40 000 practitioners who have successfully eradicated illiteracy among just under a million adults in the past two years. Now that is, indeed, delivery. Fortunately, literate parents or grandparents are able to provide support to infants and children as they grow up. Thus, the initiatives are not only economic in nature, but have a social dimension that benefits the recipients as well as a generation of current and future learners.

Speaking about delivery, government has embarked on a massive drive to expand Grade R provision. In 2003 there were approximately 320 000 learners in Grade R classrooms in public and independent schools, but by 2008 this number had increased to 620 000.

We obviously recognise that the consequences of this are additional classrooms, practitioners and costs. We estimate that an additional number of around 200 000 learners are attending community-based sites.

In January 2010, we distributed resource packs to all primary schools – Dr Mulder, in all languages – as part of the Foundations for Learning Campaign. These packs are based on the National Curriculum Statement for Grade R and contain posters, storybooks, lesson plans for teachers, a teacher’s guide with an assessment framework and a workbook for learners.

The packs have been very well received by teachers and schools and we are optimistic that they will make a huge contribution to improving learning and teaching in the Grade R classrooms.

The department remains committed to the provision of high-quality learning and teaching support materials to schools and teachers in 2010 and beyond. The department is proceeding with the development of workbooks for learners from Grades 1 to 6 and Minister Motshekga will make an announcement in this regard during her budget speech next month.

Minister Motshekga initiated a process last year to strengthen the implementation of the school curriculum. She announced measures, which were implemented from the beginning of this year, that aim to relieve teachers of an unnecessarily heavy administrative burden in order to allow more time for learning and teaching in the classroom.

This process of strengthening the implementation of the curriculum will continue this year and we will take the necessary steps to ensure that all our learners benefit from what is a sophisticated, high-skill and modern curriculum statement.

We have also instituted a committee of curriculum experts to make recommendations on the reduction of the number of learning areas in the intermediate phase. It is envisaged that these recommendations will be implemented in January 2011 and we invite the opposition to monitor our performance in this regard.

We have taken the necessary steps to ensure that all Grade 3, 6 and 9 learners will write literacy and numeracy tests in 2010 that will be independently moderated. Government is committed to improving the average pass rate from the current 35% to 60% by 2014. Again we invite you to monitor and evaluate our performance in this regard. These tests will be internationally benchmarked and quality-assured. Our 500 Dinaledi schools continue to demonstrate that our learners can perform well above the national average with the necessary focus and support.

I want you to listen very carefully to this: In three years we were able to more than double the passes in mathematics, that is from 27 000 to more than 63 000. In 2009, 52 779 learners passed Mathematics at 50% and above. Out of this number, 12 213 – that is 23,7% of learners – came from Dinaledi schools, which are located in rural and township areas that are historically disadvantaged. They constitute only 9% of the 6 000 schools.

These interventions will provide every learner with a textbook and a calculator. It will also ensure that we improve on the content knowledge of the teachers, that there is additional tuition provided and that additional learner support materials are provided to the learners.

We congratulate Mbilwi Secondary School in rural Limpopo, one of our Dinaledi schools, which managed to obtain a 99% pass rate in both mathematics and physical science in 2009. [Applause.] Mbilwi is interesting because it is a rural school in a rural area and has produced more than 100 matric passes consistently over the past three years. The former Minister of Education would in fact verify that; and they were the recipients of an award.

The year before last, they had more than 45 distinctions in mathematics and science and no fewer than 15 of the learners obtained 100% in mathematics and science; so changes can be brought about if we make a change.

We shall develop a basic education plan that will form the basis of our efforts in basic education to address the weaknesses in the education system. This plan will seek to improve co-ordination in the system by spelling out clearly the lines of accountability.

It will commit provinces and provincial education departments to clear, agreed outcomes and will ensure that everyone in the system is accountable for the attainment of these outcomes. It will be informed by the ANC’s ten- point plan.

We also need to operationalise the National Education Evaluation and Development Unit to ensure that we evaluate all parts of the system in order to lay bare the constraints that are preventing the achievement of quality in education. This includes teacher competence.

The visit by officials of the Department of Basic Education to the 27 000 schools must be understood in this context. This will form a diagnostic analysis of the functionality of each school, from management to classroom practice, resource provision, overcrowding, leadership and management, discipline and infrastructure. The South African Schools Act directs each principal to provide the head of department with a School Performance Management Plan.

Education is the apex priority of this administration. We shall work co- operatively with all our stakeholders, especially our teacher unions. We certainly invite our public representatives to join us in the pledge that the President has referred to.

The Department of Education is ready to openly and honestly tackle the many challenges we continue to confront in education. We call on all South Africans to join hands with us to ensure that our education system is turned around.

Perhaps it is important for me to wish the 92 000 Grade 12 learners who are writing their supplementary examinations the best of luck. I would like to conclude with a quote from the speech of Mahatma Gandhi, another icon, given that the President has alluded to the fact that we are celebrating 150 years of the arrival of Indians. He said the following:

There will have to be rigid and iron discipline before we achieve anything great and enduring, and that discipline will not come by mere academic argument and appeal to reason and logic. Discipline is learnt in the school of adversity.

In conclusion, may we convey our sincere sympathy to the Ramorola and Motshekga families on the untimely passing away of Jabulani. This explains the absence of the hon Minister of Basic Education. I thank you. [Applause.]

Business suspended at 12:59 and resumed at 14:01.

                          Afternoon Sitting

Ms F I CHOHAN: Good afternoon Mr Speaker and hon members. I wish to dedicate my speech this afternoon to two fellow citizens, men, who in their lifetime were denied the basic right to live to the fullest extent of their God-given potential, Mr Sewsunker Sewgolum and Mr Hamilton Naki.

Mr Sewgolum was the son of an Indian indentured labourer and could not attend school as a young man. He had a natural talent for the game of golf and as a young man he worked as a caddie at the golf course near his family’s home. Apartheid laws prevented him from demonstrating his talent, and despite this, he won several golfing tournaments in “nonwhite” competitions. His talent was recognised by a white man he caddied for called Graham Wulff. He was so impressed by this young man that he arranged to take him to Europe where he won several prestigious national tournaments. He was a three-times winner of the Dutch Open, a historic irony if ever there was one. He was finally allowed in 1963 to play in the Natal Open where he beat such luminaries as Gary Player and Harold Henning.

When he played in these tournaments, however, he was never allowed into the club house. He famously had to accept his trophies outside in the rain. Pictures of one such event were flighted in the world’s press and in response the embarrassed apartheid government withdrew his passport and banned him from playing in local tournaments, effectively preventing him from earning a living. Mr Sewgolum died in an impoverished state in 1979 at the relatively early age of 48.

The story of Mr Hamilton Naki is as follows. He was born in a small village in the Eastern Cape in 1930. His family was poor and after completing school up to Standard 6, he left for Cape Town and worked at the tender age of 14 for the University of Cape Town, tending its gardens and tennis courts.

One day Dr Robert Goetz asked him to step into his lab to hold a giraffe he was operating on. Dr Goetz was at that stage trying to establish why giraffes do not faint when they lower their heads to drink water. I don’t know whether Dr Goetz came to any earth-shattering conclusions that day, but Hamilton Naki did something to impress this doctor who had fled Nazi Germany, and who, it was speculated, carried deep wounds about the evil unleashed in his homeland.

Dr Goetz being a man used to looking beyond the surface of a man’s skin, took Hamilton Naki under his wing and became a mentor to this young, 20- something African man from the Eastern Cape. Over the years, he became quite skilled in surgical techniques including anaesthesia and intubation, amongst other things.

He later worked with the acclaimed professor, Christiaan Barnard, who at the time was developing techniques to conduct open heart surgery. Professor Barnard was later to say about Hamilton Naki that he was one of the greatest researchers of all time in the field of heart transplants.

In 1967, 26-year-old Denise Darvall was fatally injured in a car accident. Her death triggered an operation that made medical history. It was her heart that Hamilton Naki is reported to have expertly removed and handed to Professor Barnard who transplanted it into the chest of Louis Washkansy.

While the world flocked to see the man who had performed the world’s first heart transplant, Hamilton Naki stayed in the shadows due to possible reprisals from a racist government. In a sense, the Nakis and Sewgolums of our abnormal past were the lucky ones. They were able to peep over the precipice of the horizon of their destiny. And these Hamilton Nakis of our past sustained the flicker of hope of generations who were told that they were simply not good enough.

The higher education landscape of the early 1990s largely reflected the discriminatory outcomes of the apartheid era. In 1990, African university students comprised 32% of the population while white students topped 54%. Female students were notably under-represented.

By 1996 there were twice as many African students as white students and female students outnumbered their male counterparts. But despite these successes, the participation of particularly African and coloured students remained low and the reality is that there is a growing cohort of young people between the ages of 16 years and 24 years who are unemployed and unskilled. These facts suggest that we need to critically assess the accessibility and flexibility of our post-schooling environment.

Accordingly, the Department of Education has been reconfigured to establish, inter alia, a Department of Higher Education and Training, which assumes the responsibility for government’s entire skills development component, including private and public Further Education and Training, Fet colleges, work-based training through Sector Education and Training Authorities, Setas, and adult learning centres. The overall strategy of this department accords with the human resources development strategy led by the Deputy President, which seeks, inter alia, to rectify the disjuncture between available skills and the needs of our economy.

The Minister of Higher Education and Training is on record as saying that one of his priorities is to provide a menu of opportunities to the class of

1. The department he heads intends to pledge R500 million from the National Skills Fund towards a special project to roll out learning programmes this year, particularly aimed at young people who did not fare well at school.

Those 225 000 learners, who in the most recent matric exams passed without a university exemption, could register at universities of technology or at one of the 50 colleges distributed across the country. Those for whom full- time study is not an option and who wish to enter the work place instead, are able to pursue opportunities in the Setas for learnerships, apprenticeships and skills programmes.

Access for the poor has been enhanced by the introduction of the National Students Financial Aid Scheme, NSFAS. One hundred and fifty three thousand students benefitted from NSFAS bursaries in the last year of reporting.

Over the last three years government has allocated a total of R600 million to financially needy yet academically capable students for enrolment into colleges. Seventy one thousand students are the beneficiaries of this initiative. Access for disabled students, however, remains a big challenge and more needs to be done at this level.

Our country is in need of diverse skills, but do we merely hope, particularly in the sectors of scarce skills, that learners will automatically gravitate to them? While government will continue in this term to place emphasis on providing more access to post-schooling options for young people, on the one hand, on the other hand a gap thus exists in our social development and we must address it.

Apartheid has created inherently abnormal access prospects for young people over successive generations, resulting in a paucity of role models within many of our communities. In societies that developed free of the ravages of apartheid and inequality there would be a host of role models inspiring young people in all major fields of human endeavour, whether it be academics, commerce, arts, sports, etc. Positive role models of the kind that inspire young minds towards greater achievements and hard work are a scarce commodity in many of our communities.

Accordingly, we require formal vocational training to be introduced in our high schools; and this is an aspect that will require very close co- operation between the two education departments. This should not be seen as an insignificant matter in the larger scheme of things. Imagine, for a moment, if Hamilton Naki did not meet Dr Goetz; imagine if Sewsunker Sewgolum did not meet Graham Wulff, his benefactor, or indeed if a young Nelson Mandela did not meet his mentors Walter Sisulu and Oliver Tambo.

We must ask ourselves what it means when we say that education is an apex priority. For us, certainly on this side of the House, the answer must be that we cannot have a single child fall between the cracks any longer. I submit that we owe nothing less to the memory of the many thousands of Hamilton Nakis who lived and died, not ever having had the opportunity to realise their potential and who lie in our collective memories like rows of white marble tombstones.

It is only when we have a system that prizes the worth of every single child that we will finally have buried the legacy that was apartheid education. Thank you. [Applause.]

Mrs H N NDUDE: Mr Speaker, the President and Deputy President, members of the House, today we all wholeheartedly celebrate the 20th anniversary of the freedom of Nelson Mandela. That is why we remember his reference to the child Ingrid Jonker wrote about and who has been “present at all assemblies and law giving”, peering “through the windows of houses into the hearts of mothers”. What is the future of that child today?

Where the Mandela era gave hope to the people, this administration, under President Zuma, is shattering the people’s hope. Where there was international acclaim for us, there is now doom. Where international investors were excited about South Africa, they are now worried about whether or not the moral high ground is still there.

We are now in a morally compromised position. Where there was a clear and decisive leadership, President Zuma is too distracted to provide any kind of leadership, as is clearly evident to everyone.

In the Mandela period we were in a positive space; not anymore. The new ANC has lost its moral compass. [Applause.] Today, anything goes. The high moral standards of the Mandela and Mbeki period are no more. This is an anything-goes regime.

Furthermore, it is now no longer the constitutional imperatives that leaders answer to - that which they solemnly swore to advance. Cultural imperatives can triumph over constitutional imperatives.

Mandela left an untarnished legacy. How will history judge this administration with its moral lapses, its failure to deliver services, its inability to discipline its host of members and officials charged with corruption, its failure to cut back on unnecessary expenditure, its dismal failure in pulling us out of the poverty trap? How will history judge President Zuma who has no sense of respect for gender equality and gender parity? [Applause.]

Mandela promised the following:

Never, never, and never again shall it be that this beautiful land will again experience the oppression of one by another and suffer the indignity of being the skunk of the world.

He swore to reverse the pariah status of South Africa.

This administration is taking us right back to where we came from. Space exists in the political sphere for every political leader to emulate Mandela, and for every party to pursue his legacy.

Adv T M MASUTHA: On a point of order, Chairperson: Is it parliamentary for the hon speaker at the podium to refer to our icon simply as “Mandela”? Can’t she find a better way of addressing him?

Mrs H N NDUDE: May I please continue, Mr Speaker, because that is not a point of order to me.

The SPEAKER: Continue, hon member.

Mrs H N NDUDE: The people, and the people alone, will judge who is adhering faithfully to his teachings and moral stance. Many will be the claimants, but only those who set themselves the highest moral and ethical standards will take over that legacy. Everything else will be fakery.

There is another aspect of our constitutional imperative that must be given high priority. We have to bolster our efforts to save our environment. At Copenhagen, it was very difficult to reach a fair, binding, legal agreement. At least, it was a start. Next year, this country will have the privilege of hosting the 17th Conference of the Parties, COP 17. We dare not let down future generations by failing to act. COP 17 must be the turning point in our war against emissions of greenhouse gases. [Interjections.]

The SPEAKER: Order, hon members, order!

Mrs H N NDUDE: Trevor, please give me a chance. [Laughter.] Government’s love affair with a … [Interjections.]

The SPEAKER: Hon member, you must address a member as “hon member” and not by his name.

Mrs H N NDUDE: Hon Minister, please give me a chance to speak. Government’s love affair with coal-fired power stations is …

The DEPUTY MINISTER OF TRADE AND INDUSTRY (Mrs T V Tobias-Tokolo): Speaker, it’s not a point of order. I want to ask the hon member if she will take a question.

Mrs H N NDUDE: Don’t waste my time, please.

The SPEAKER: Continue, hon member.

Mrs H N NDUDE: Government’s love affair with coal-fired power stations because of financial gains that the ANC hopes to make is as short-sighted as it is dangerous. If government will not provide the leadership, we, as Cope, will encourage people to come together to fund a solar power station like … [Interjections.] [Time expired.]

The MINISTER OF HEALTH: Speaker, hon President, hon Deputy President, fellow Ministers and Deputy Ministers, hon members of the House, ladies and gentlemen, let me join all right-thinking South Africans in thanking the President for his foresight in coupling the state of the nation address with the celebrations of the 20 years of freedom of Nelson Mandela, and the freedom of the whole country and the world at large.

The issue of the quality of health care services, specifically in the public sector, is ever in the minds and on the lips of our people. It appears quite frequently in our newspapers, just as it did this past weekend. It is also echoed in the electronic media time and again.

We, as the ruling party, great as we are, are the first to publicly acknowledge and speak about it openly, because prior to the election last year, when we were preparing to govern, we were able to acknowledge this issue and we identified it and that’s why we put it in our ten-point programme.

Let me remind you of what the President said during the state of the nation address last year:

Fellow South Africans, we are seriously concerned about the deterioration of the quality of healthcare aggravated by the steady increase in the burden of disease in the past decade and a half.

Since then we have been dealing with this matter within the department. I have personally addressed a series of meetings involving people in the health sector. In those meetings this issue was thoroughly discussed.

I’ve addressed the doctors’ and nurses’ unions as well as other unions within the health sector. I’ve addressed the CEOs of our hospitals, including their clinical and nursing managers. I told them that as far as the ten-point programme is concerned, the issue of the quality of healthcare talks to them directly, more than to anybody else.

In those discussions we specifically dealt with issues such as the cleanliness of our health facilities, safety and security of patients, the attitude of staff towards patients, the long queues that our people are forced to endure, availability of medicines, maintenance of infrastructure and infection control. I advised CEOs that they are going to be judged and evaluated on, amongst other things, these basic tenets of quality of care.

Many opponents of National Health Insurance, NHI, opportunistically cite these problems of poor quality as a reason why NHI will not work and why it should not see the light of day. I have personally reassured them time and again that NHI is never going to be implemented in isolation away from the other points in the ten-point programme.

The quality of the provision of health care services is definitely going to be one of the criteria used before a health institution is accredited for the purposes of NHI.

This is not going to be just a wish from the department. One of the pieces of legislation that are going to be put before Parliament this year relates to the establishment of the office of standards compliance, to insist on agreed acceptable standards of quality of health care in each and every health institution, whether public or private.

As a precursor to this office, a unit has already been formed within the Department of Health and is working on the details of such standards. However, we are not going to wait for the establishment of such an office before we demand quality care in our institutions.

The assessment tool on how to audit compliance with standards will be tested in all provinces, starting from 8 to 12 March this year. Thereafter, all hospital and district managers will receive information on what is expected of them in order to meet the standards. Failure to meet these standards is not going to be without consequences.

In my budget speech last year, I elaborated on 11 different factors that contribute to the deteriorating quality of health care. Among these factors was the inability of individuals to take responsibility for their commissions or omissions within the health care sector.

The office of standard compliance is going to be a legal way to impose such responsibilities on any individual managing our health care. Hence one of our most important activities this year is going to be the assessment of capacity and functionality of management in each and every health institution.

On 1 December last year, the President outlined our new battle plan against the pandemic of HIV, Aids and TB. Let us remember that our icon, uBaba uNelson Mandela, was also a victim of TB. [Interjections.] The SPEAKER: Hon members, order!

The MINISTER OF HEALTH: Let us remember that the National Strategic Plan on HIV and Aids says that we must cut the rate of infection by 50% by 2011 and make sure that the 80% of people that need to be on drugs are reached by 2011.

While the President clearly elaborated the four new treatment interventions, he also emphasised the need to cut the rate of infection, because the treatment of any disease starts with prevention. No amount of treatment can successfully replace the time-honoured art of prevention of disease. This is where the concept of primary health care emanated from, and we shall never deviate from it.

The hon Meshoe has just asked what the President meant when he said that we will implement all the undertakings made on World Aids Day relating to the new HIV and Aids prevention and treatment measures. I wish to clarify this for you, Reverend.

Immediately after 1 December last year, we formed a task team to work on and perfect a plan to implement the new measures. The task team consists of the following: the national Department of Health; and all the 19 sectors that constitute the SA National Aids Council. And by the way, Reverend, these 19 sectors include the religious sector. The only missing sector amongst the 19 is political parties, but rest assured, members, I’m going to engage you as political parties to be gainfully employed in the fight against HIV and Aids, and there shall be no period to idle. So even Cope might find something to do rather than dreaming in broad daylight!

We also have intergovernmental agencies like the Joint United Nations Programme on HIV/AIDS, Unaids; The World Health Organization, WHO; and the United Nations’ Population Development; as well as funders like the President’s Emergency Plan for Aids Relief, Pepfar; the Department for International Development, DFID; the Swedish International Development Cooperation Agency, Sida; United States Agency for International Development, Usaid; and a list of many others.

The teams have been working around the clock to deal with the readiness and logistics, communication and social mobilisation of individual health facilities. It is through this social mobilisation that I expect all political parties to access gainful employment, for it is all South Africans, regardless of party political affiliation, who are losing their lives because of this merciless scourge. I’ll be communicating with members within the coming weeks on your respective roles in this battle.

I wish to state in this House today that at least two weeks before 1 April we shall publicly outline our state of readiness in clearer details with respect to activities and locations, and where appropriate, even in regard to numbers.

Furthermore, a treatment task team consisting of HIV and Aids specialists, clinicians, researchers and practitioners has been hard at work since last month drawing up our treatment protocols and guidelines in line with what the President has announced.

Doctors, nurses and other health workers within our health institutions, even in the primary health care institutions, will be workshopped in a series of meetings. These meetings will be starting in the next ten days or so and will be on how to apply the new measures; and work in this regard is fast approaching completion.

I want this House to know that in our resolve to fight this pandemic, we’re not prepared to pull any punches. We shall never give up the fight.

Let me also quote the President’s World Aids Day address, when he said:

In another moment in our history, in another context, the liberation movement observed that the time comes in the life of any nation where there remain only two choices, to submit or to fight. That time has now come in our struggle to overcome Aids and let us declare now, as we declared then, that we shall not submit.

I am declaring again today, as the President declared on World Aids Day, that we shall never submit – nomakanjani! [no matter what!]

I also wish to take this opportunity to inform the House about our state of readiness to host the 2010 World Cup in so far as health is concerned. One of our biggest nightmares is the fact that 2010 is going to be held in June when there’s a possibility of another bout of H1N1. We all know what happened to our country as well as the world regarding H1N1, and if many people are going to gather in South Africa it is going to be a challenge to us.

I am happy to announce that the department has been able to acquire 1,3 million doses of an H1N1 vaccine and we are going to be starting vaccinations soon. It’s also my honour to announce that a day after the President’s state of the nation address, we received a letter from the World Health Organization telling us that they are going to donate 3,5 million doses of the H1N1 vaccine to South Africa, which will arrive in this country by March.

This then means that we will have 4,8 million doses. We are going to be vaccinating all the people who will be selected, starting with pregnant women, people at the entry points, as well as people who are involved in sports administration. We wish to inform hon members that when the time comes, we would like your leadership to help to guide the nation. We are aware that we’ve got 50 million people in South Africa, but we are only going to have 4,8 million doses.

This donation from the World Health Organization has saved the country no less than R250 million. We wish to take this opportunity to thank them as they are working with us in the fight against HIV and Aids. They will also work with us on this issue of H1N1, so that we have a very smooth and successful World Cup. Thank you.

Mrs M N MATLADI: Hon Speaker, the UCDP joins the nation in celebrating the commemoration of the release of former President Nelson Madiba Mandela on 11 February 1990. He remains a national and international hero who sacrificed his freedom to bring change to our lives.

Kgosi Mangope, the leader of the UCDP, is one of the people who also called for the release of this icon. It was a message that was received by the hon former President Mandela himself and he thanked him for his input.

As we debate this state of the nation address for 2010, we are reminded of what President Zuma said last year on 3 June. He said that between then and December 2009, they planned to create about 500 000 job opportunities through the Expanded Public Works Programme, EPWP. On Thursday last week the hon President announced that by the end of December 2009, 480 000 Public Works job opportunities, which is 97% of the target set, were created.

According to the bureau of the Labour department, nonfarm payroll dropped sharply in early December. The payroll employment fell by another 524 000 in comparison to 533 000 in November. The number of unemployed persons increased by 632 000 to 11,1 million. Furthermore, the number of the long- term unemployed, that is 27 weeks or more, increased to 2,6 million in December.

Statistics SA said unemployment fell to 24,3% in the third quarter with the economy creating 89 000 new jobs during the final three months of last year. Most of the jobs created - I want to reiterate that - were in the informal sector and unskilled work.

This points to tough conditions existing in the formal industries. In other words, we need to be concerned about the 2,6 million formal job employment opportunities that South Africa still needs. Poor service delivery has led to protests in some municipalities. The many reasons for these protests include dissatisfaction with the delivery of basic municipal services, such as running water, electricity and toilets, especially in informal settlements; unemployment; high levels of poverty; poor infrastructure and lack of houses; and corruption and nepotism.

The ousting of six mayors, Speaker, some members of mayoral committees and MMCs in Rustenburg, Mafikeng, Mamusa, Moretele, Taung and Klerksdorp could exacerbate the poor service delivery in the North West province. What could the new appointees do in twelve months that the ousted ones couldn’t do in four years of service?

These service delivery protests are symptoms of sociopolitical instability, which could develop into a fully fledged revolt if allowed to continue over a prolonged period. Speedy solutions to the socioeconomic conditions in many communities are needed.

The official pass rate for the 2009 matric examinations was 60,7%; down from 62,5% in 2008, and 65,2% in 2007. Out of all the provinces Mpumalanga performed the worst with only 45,9% of matrics passing. According to the department, 18 schools, half of them in Limpopo and four in KwaZulu-Natal, had a 0% matric pass rate.

Major factors influencing the poor matric rate are: low morale of teachers, poor quality teaching, ill discipline of teachers, inequitable distribution of resources, poor parental support, rapid changes in school curricula, mismanagement and lack of guidance in schools; and don’t forget the inadequate pre-service and in-service training of teachers.

Your Excellency, you are reiterating the words of the National Commissioner of Police when he boasted that, comparatively speaking, South Africa has the largest police force in the world and that in the next three years you will be increasing the force by 10%.

Hon President, what change will the large police force bring? Is it only the visibility of the police in the streets? The present police force cannot perform because they are either not well equipped with resources, or are not properly trained to respond to the call of duty, or they are irresponsible, using the lack of infrastructure and resources to do their work as an excuse.

Police stations are poorly managed. The performance audit on 10111 and other lines of communication revealed that police are often not available for emergencies and sometimes turn up two to three hours later.

I would like to be a bit personal when coming to the matter. On Thursday night during the time when the hon President was presenting the state of the nation address my house in the North West was attacked. Attempts were made to call 10111, three calls were made, none were answered and the police only arrived four hours later. They found that the thugs had already vanished. They had fled the scene.

We would like to say that these vehicles of the police should be at the right place at the right time in order to rescue the people that are in need of their services. I thank you. Ms D KOHLER-BARNARD: Speaker, when a country’s citizens are crippled by the fear of criminal attack, 36% of it violent, what it seeks is leadership of the highest order. Firstly, empathy must be shown to those hundreds of thousands of victims of crime; to the families of the 50 citizens murdered every single day; to the 68 citizens raped every single day; and there must be a clear indication that a cohesive direction has been determined, followed by a national strategy to take us forward to a safer future.

Instead, this past Thursday references to this situation that haunts the nation were made as asides, comprising less than 3% of the speech that is supposed to detail and determine the state of the nation.

Now our citizens know that the criminal justice system is dysfunctional, and what we looked for in the state of the nation address was a date for the release of the long-promised review, but instead, we got nothing.

Police risk their lives to apprehend criminals, but our conviction rates are sickeningly low – just 13% for murder last year. And then we have the situation where innocent citizens languish for years in the most appalling cells, as the courts grind glacially towards an outcome.

Our citizens need to be assured that, if they report crime, their calls will be heard. Now the 10111 call centres – currently, rather like the President’s hotline in that they are never answered – are a gigantic fraud perpetrated to lull the citizens into believing that there is a way to call for help.

What was needed on Thursday evening were mentions of policies, programmes and initiatives at various levels of society, aimed at strengthening social cohesion to motivate poorer and marginalised constituencies to feel that they have a greater stake in our society, and an acknowledgement that there is an underreporting of violent crime.

We needed rock-solid condemnation of violence against women and children. We needed to hear that the importance of acting in accordance with standards of respect and civility was a high priority in South Africa.

Where was the condemnation of the plethora of public officials who conduct themselves without a shred of integrity, giving rise to the belief that corruption has become the norm in this country?

Indeed, we cannot go on year after year hearing of criminality within the SAPS. It’s bad enough that South Africa is known as both an importer and an exporter of illegal drugs, but what happened to the 75 bags of 1 000 mandrax tablets apiece seized from druglords and stored at the Nelspruit Police Station, which simply disappeared after a R1 million reward was offered by those criminals for their recovery? Are there police officers behind bars for their complicity? Not even one! This would have been a perfect job for the Scorpions, but of course, the ANC shut them down.

Where are the specialised units we were told would be reinstated? Not a word has been breathed. Instead we have a SAPS with a reputation for shuffling the deck chairs on the Titanic: When criminality within is revealed, the criminals are simply transferred to another station.

Indeed, the SAPS now only complies with 10% of the Independent Complaints Directorate recommendations. The rest of the cases - which relate to proven criminality, from murder to rape to armed robbery; grievous bodily harm; assault and, of course, beating ill pensioners to death in the cells; allegedly raping a woman in Knysna; running three students off the road and robbing them at gunpoint in King Williams Town; and the list goes on and on

• they ignore.

What was needed here was the gravest condemnation of this situation. Suspended members must be removed, tried, and, if guilty, jailed - not transferred. We had hoped to hear that we would develop a police service we could look up to and respect, that would serve us as it should and keep us safe. Where was the assurance that the SAPS’ top structure would cease misinforming the Portfolio Committee on Police that there are no longer any equipment shortages, when SAPS members inundate us during station visits, jointly and singly, with tales of how they have shortages of virtually everything?

Through you, Mr Speaker, I would like to ask that the National Police Commissioner, Bheki Cele, be reminded that he is no longer a politician but an employee. One, in fact, wonders if he is actually capable of making that transition. He is not a much-medaled general in some tinpot dictatorship; he is the National Police Commissioner and he has no right to come before the Portfolio Committee on Police in his tackies and tracksuit to lambaste us as if we were an illegitimate structure.

Mr Speaker, it is time to tell the National Police Commissioner that Parliament will do the work it is mandated to do. His rolling mass media campaign has been most interesting to observe, but he’ll only get away with claiming unsubstantiated successes for just so long. If the proposed performance management targets are to be relevant, and the SAPS does not reach the 7% to 10% crime reduction target yet again, the SAPS management must then be removed.

As the usual, unqualified ANC cadre deployed to do a job a career police person should do, Commissioner Cele is clearly out of his depth, and strikes out, for example, at criticism of the R50 million party in Bloemfontein, where even the food ran out!

Mr Speaker, I know that under his political leadership in KwaZulu-Natal, the police killed more suspects and citizens than in any other province, but, really, it is time to instruct the National Police Commissioner not to shoot and kill the messenger. [Applause.]

Mr L M MPHAHLELE: Speaker, hon President Zuma, Deputy President Motlanthe, hon members, I am tempted to say, “Compliments of the new season!” However, a year that is over 60 days old has no legitimate right to call itself new. It is enough to say, “Compliments of the new week, Comrade President!”

The President’s state of the nation address had a few rays of hope. The PAC welcomes his promise that in the next three years an additional two million children from poor households aged 15 to 18 years will benefit from the child support grant. We are heartened by the President’s declaration that the economy is now creating jobs rather than shedding them. It is equally encouraging to note that over the next three years government will spend R846 billion on public infrastructure.

Comrade President, the PAC has detected a deafening silence in your speech on the role played by its leaders and members in the struggle for change. Robert Mangaliso Sobukwe, the PAC founding president, died in the month of February, 32 years ago, and yet not once was the name of a man with a divine mission mentioned in your speech. We know who said Sobukwe was a man with a divine mission. These were the words of former South African Prime Minister, John Balthazar Voster!

This conspiracy of silence deeply worries us. It worries us more as we prepare for the 50th anniversary of the Sharpeville and Langa massacres to be held next month. I want to state, in no uncertain terms, that the marches against the pass laws in Cape Town, Vereeniging, Johannesburg and elsewhere in the country, were not spontaneous. They were planned, organised and led by the PAC.

No one can honestly remember Sharpeville and Langa without acknowledging the role played by Sobukwe and his followers. It is regrettable that in the new South Africa there is insufficient recognition of non-ANC contributors to the liberation struggle. It is sad that, over 15 years into our democracy, we still have Zwelithini Mhlongo, Ashley Jexe and other freedom fighters languishing in our prisons. This is unacceptable at best, and reactionary at worst.

We are of the view that sustained rural development entails two fundamental things, namely the redistribution of land in such a way that it mirrors the demographics. Without land redistribution, all talk of rural development amounts to empty political posturing. Secondly, magoši, amakhosi cannot afford to be mere spectators in the affairs that impact on their people and land. They must be an integral part, if not the pioneers, of rural development.

Comrade President, your declaration of war against corruption would be most convincing if it were accompanied by a termination of the ruling party’s corrupt policy of cadre deployment in the organs of state, irrespective of their know-how. This counterproductive policy compromises the effective management of the SABC, Eskom, SAA and other parastatals. We can’t have a political party membership card being used to bolster an individual’s curriculum vitae.

Ge ke ruma polelo ke nyaka go laetša gore motheo wa thuto ya rena o a fokola. [In conclusion, I would like to indicate that the basic foundation of the education system is weak.]

The foundation of our education is weak because it promotes one colonial language at the expense of other languages, especially the indigenous African languages.

Mongwadi wa maemo wa Mo-Afrika, Ngugi wa Thiong’o, o re leleme la motho le mo thuša go kwešiša segagabo. Go a swabiša gore ka nako ye ya pušo ya batho- ka-batho dipolelo tša se-Afrika di a nyamalala. Pušong ya kgatelelo ya maabane re bone go tšwelela dinatla tša bangwadi go swana le Thomas Mofolo, A C Jordan, E S Madima, O K Matsepe le ba bangwe. Ba ka moka ba be ba ngwala ka segagabobona. Bjale mmušo wa rena okare o re sehlare sa Mosotho ke polelo ya Seisemane. Ka fase ga mmušo wo wa lehono batho ba dikadika go bolela segagabobona [Tšhwahlelo.] Ke a leboga. [Nako e fedile.] (Translation of Sepedi paragraph follows.)

[The most prestigious African writer Ngugi wa Thiong’o argues that a person’s language enables one to understand his culture. It is disappointing that now, during the government of the people by the people, African languages are facing extinction. In the apartheid era there emerged prominent writers such as Thomas Mofolo, A C Jordan, E S Madima, O K Matsepe and many others. All of them were writing in their home languages. It seems as if our government is declaring that the best remedy for an African is the English language. Under the leadership of this present government people are still hesitant to use their home languages. Thank you. [Interjections.] [Time expired.]]

UMPHATHISWA WESEBE LEMICIMBI YAMANZI NOKUSINGQONGILEYO: Mandibulelele Somlomo, ndibulele kuMongameli welizwe, kuSekela Mongameli nakumalungu ahloniphekileyo. Okokuqala, ndicinga ukuba le Ndlu ifanele ukuhambisana nam xa ndibulela uMongameli ngokusikhokela kwakhe eCopenhagen. Manditsho kwilungu elibekekileyo uNdude ukuba asinakho ukulinda isiganeko ukuze sikhokele. Sesiqalile ukukhokela kwaye siyaqhubeka. Ingqungquthela ebizwa ngokuba yi-COP 17, Conference of Parties 17, iza kwenzeka kwaye iza kuba yimpumelelo ngokukhokelwa nguMongameli uJacob Zuma. Okwesibini, ndifuna ukuyiphinda le ndawo yamalahle. Amalahle asizi kuwalahla, ngoba alikho nelinye ilizwe eliwalahlileyo amalahle. (Translation of isiXhosa paragraphs follows.)

[The MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS: Let me thank the Speaker, the hon President, the hon Deputy President and hon members. Firstly, I think this House must agree with me when I thank the President for leading us in Copenhagen. Let me say to hon Ndude that we cannot wait for an event to happen in order for us to lead. We have already started to lead and we are continuing. The conference called COP 17, Conference of Parties 17, will take place and it will be a success through the leadership of President Jacob Zuma.

Secondly, I want to reiterate the issue of coal. We are not going to abandon coal, for there is not a single country that has abandoned coal.]

We are going to reduce our dependence on coal, but we are not going to abandon coal. The UK uses 40% coal in generating electricity; the United States of America uses 50% coal in generating electricity; and Poland uses 80% coal.

Asizi kuwalahla, koko siza kuwanciphisa. [Kwaqhwatywa.]

Mongameli, ndiyabulela ngeli thuba undinike lona ukuze nam ndenze igalelo malunga nokukhululwa kwexhego lethu uTat’ uMandela. Ndiyayibulela loo mbeko endiyinikwe liqela lam i-ANC yokuba nam ndithethe, ndiphose igade ekuthini nangomso, Madiba. (Translation of isiXhosa paragraphs follows.)

[We are not going to abandon it, but we will reduce our dependence on it. [Applause.]

Hon President, thank you for the opportunity that you have given me so that I can contribute with regard to the release of our old man, Mr Mandela. I am grateful for the honour bestowed upon me by my party, the ANC, to also speak and contribute by saying thank you to Madiba.]

As we march further in our long journey to freedom, inspired by former President Mandela’s courageous and exemplary leadership, we are mindful that the struggle for a better life is not over and that the conditions of the struggle confronting us have since changed.

Indeed, the global balance of forces has changed. Climate change is arguably the biggest challenge facing humanity in the 21st century and that may undermine the realisation of the Millennium Development Goals. It poses a serious threat to humanity and life on earth, because, as we know, it is fuelled by the global carbon-intensive economy. Over and above the natural cycles of climate, science tells us that the 150 years of historic industrialisation of the developed countries led to an additional burden on the climate system - a burden that does not exempt the developing world, but makes it more vulnerable to the vagaries of climate change.

Actions to address climate change and sustainable development paths are linked. South Africa takes a green economic growth strategic approach that supports developing countries to identify actions that allow for sustainable development and climate mitigation co-benefits.

In the context of a strong emphasis on mitigation actions, it is essential for adaptation to be given at least the same priority as mitigation. Adaptation to climate change is a concern for the most vulnerable who happen to be the least able to deal with climate change, and also the least culpable for the current climate change situation.

As we all know, the nations of the world met in December 2009 in Copenhagen, Denmark, to finalise two years of negotiations aimed at strengthening the international climate regime beyond 2012. Specifically, our aim was to reach an international agreement that would prioritise both mitigation of greenhouse gas emissions and the adaptation to climate change impacts equally, and to balance both climate and development imperatives. In this regard, it would equitably share the limited remaining carbon space.

Ukuba ke siyawuyeka loo mnyinyiva wokusetyenziswa kwekhabhoni … [If we neglect that chance of carbon usage …]

… if we drop coal, then we would be diminishing that space available for developing countries to get a fair chance to develop on the basis of the convention principles of equity and common but differentiated responsibilities.

We can’t be extreme; we can’t be taking an extreme view of environmental conservation at the expense of development. The Constitution is quite clear that balancing development and environmental management is what we need to be focusing on. This debate on climate change is about that.

In Copenhagen, the international community was unable to reach a legally binding agreement on a future international climate change regime. Formally, the conclusion reached in Copenhagen was to continue negotiations this year, 2010, on the basis of the work of the past two years under the Kyoto Protocol and the United Nations Framework Convention on Climate Change, UNFCCC.

However, with the active participation and leadership of hon President Jacob Zuma, together with the leaders of 28 other countries, a political agreement was reached. This agreement is known as the Copenhagen Accord and it captures political agreement on some of the major and difficult issues that have divided the international community since negotiations began two years ago.

The particularly difficult questions addressed in this agreement relate to the following: How to share and reflect responsibility, commitment and action among developed and developing countries; how to verify and ensure compliance with respective commitments; and linked to this, the question of who pays.

South Africa is proud of the leadership role it played as part of the BASIC group of countries – Brazil, China, South Africa and India - to ensure that some progress was reached in Copenhagen. The Copenhagen Accord, notwithstanding its deficiencies, outlines political agreement among leaders on many of the major issues.

In particular, these political agreements were related to the following issues that also present opportunities: how to record economy-wide binding emission reduction targets for developed countries, including the United States of America; and to simultaneously, for the first time, create a mechanism to record the emission reduction actions at international level by developing countries such as China, India, Brazil, South Africa, Indonesia, Mexico, South Korea, as well as some small countries such as the Philippines and the Maldives. At the meeting, all of these countries submitted their commitment to act.

A third issue is how, internationally, to measure, report and verify this action that will be supported and transparently financed by a commitment from developed countries of US$10 billion per annum up to 2012, reaching US$100 billion per annum by 2020.

Then there is also the question of creating a technology development and transfer mechanism.

The hon President, in his state of the nation address, reaffirmed the commitment of this administration to the global and national effort. South Africa committed to potential mitigation actions leading to a 34% reduction in greenhouse gas emissions relative to business as usual, by 2020 and 42% by 2025. This commitment is neither additional nor extraneous to our internationally reviewed study on the country’s mitigation potential, namely the Long-Term Mitigation Scenarios, LTMS.

I am emphatic on this point - to allay the fears of business - this is not an extra burden on business and the investors must please understand it in this context. The commitment that we made is actually conditional to a legally binding international regime and support with regard to the means of implementation.

The extent to which this action will be implemented depends on the provision of financial resources, the transfer of technology and capacity- building support by developed countries. Therefore, the above action requires the finalisation of an ambitious, fair, effective and binding multilateral agreement under the UNFCCC and its Kyoto Protocol at COP 15 and CMP 6 in Mexico, to enable the delivery of this support.

With financial, technology and capacity-building support from the international community, this level of effort will enable South Africa’s greenhouse gas emissions to deviate from business as usual, as per our commitment.

We must note that in order to achieve this, we are already taking action in line with our development priorities. The Department of Environmental Affairs is currently in the process of developing a national climate change response policy. This policy informs and in turn is informed by processes undertaken by other government departments, such as the National Treasury, on financial instruments to put a levy on carbon; and the Department of Energy’s energy mix policy reflected in the Integrated Resource Plan, IRP.

The Department of Transport is investing in transport infrastructure through programmes such as the Bus Rapid Transit, BRT, Gautrain and rail infrastructure. The Department of Science and Technology and the Department of Trade and Industry have made progress in the commercialisation of the electric vehicle.

Having mentioned these initiatives, it is important to note that at the centre of the climate debate is how the remaining carbon space is shared in the world. International principles of engagement on climate change recognise the potential rise in emissions for developing countries in the short to medium term. As such, our study into the country’s mitigation potential as well as recent publications by the Minister of Energy on the IRP, do take into account the current coal-fired power stations.

There is no need to panic. We have included Medupe. It is part of the long- term mitigation scenarios. Therefore, when we committed 34% and 42%, we included Medupe.

Furthermore, to demonstrate this commitment, from the application of expanding our power generation base, we have included the development of a 100 megawatt concentrated solar power plant, hon Ndude, rolling out solar water heaters to a million households and supporting wind power generation projects. [Applause.]

We are also undertaking a policy development process that seeks to achieve the objectives of green growth, which will be informed by the LTMS study to guide the actions we need to take to follow a low-carbon development path. As a focal point on climate change, our department is already engaged with sector departments in developing climate change sector plans. The problem is that we are looking at government departments with a myopic view.

We operate as a unit, and we look at an integrated approach. So my programme speaks to the programme of energy; it speaks to the programme of science and technology; it speaks to all of these programmes, because climate change cuts across them all.

Therefore, if you are myopic in looking at this, then you will see shortcomings that are not even there. Those shortcomings will be a figment of your imagination, but the truth of the matter is that we are looking at an integrated approach. That is what we are implementing.

South Africa is a diverse country with regard to culture, religion and languages. The public at large is crucial in addressing the challenge of climate change. It is, therefore, important that we demystify climate change into a common language that is understood by all.

It must be a language that simplifies scientific and business jargon and traverses language barriers so that every individual South African and institution in society understands the significance of climate change and their respective roles in responding to it. This is a matter for all sectors of society and not for certain sectors of society. Whether you are educated or not - like my mother - you must understand what it is all about.

The government of South Africa and all sectors of our society agreed to pursue the required science scenario of the LTMS study in a bid to curb greenhouse gas emissions. It is also important to stress the need for adaptation since the world is committed to a certain level of climate change that will require new coping mechanisms. I thank you. [Applause.]

Dr L L BOSMAN: Mr Speaker, hon members of the House, I noticed with interest when the hon President, in his state of the nation address, referred to the government’s rural development programme, which, in his view, will improve rural productivity and consequently also the lives of people living in rural areas.

The fact of the matter is, however, that the transformation programmes, including land reform and black economic empowerment programmes, are failing dismally. Billions of rands of taxpayers’ money are being wasted in this process.

My ervaring is dat die Suid-Afrikaanse regering hom die afgelope paar jaar tot so ‘n mate met die uitdaging van transformasie besig gehou het dat hy sy greep verloor het op dit wat nodig is om kommersiële boere in staat te stel om mededingend en volhoubaar in ’n globale markomgewing te produseer.

Dit was met teleurstelling dat landbou weereens nie deur u as van besondere belang vir die land se ekonomiese groei en stabiliteit uitgesonder is nie. Die belangrikheid van die landbousektor as verskaffer van voedsel, asook as ’n werkgewer en verdiener van buitelandse valuta, word steeds nie deur die ANC as sulks erken nie. Die gesegde lui dat enige land wat sy landbou verwaarloos uiteindelik tot mislukking gedoem is.

Die huidige omstandighede veroorsaak alreeds dat boere en landboubesighede in ander lande in Afrika na beleggings- en ontwikkelingsgeleenthede gaan soek. Landboubeleid en faktore soos venynige uitsprake deur politici wat vertroue skaad, dien as verdere stimulus vir die migrasie van Suid- Afrikaanse burgers na ander lande in Afrika.

Dit bekommer my voorwaar dat sodanige vertroue in die land verlore moes gaan vir boere om in ongunstige omstandighede in Afrika hulle heil te gaan soek. Die DA sal alles in sy vermoë doen om produsente in Suid–Afrika te hou tot voordeel van al ons mense. (Translation of Afrikaans paragraphs follows.)

[My experience has been that the South African government has been so engaged, in the past few years, with the challenge of transformation that it has lost its grip on those issues that would have enabled commercial farmers to produce products competitively and in a sustainable manner in a global market environment.

It was disappointing to note that you have once again not singled out agriculture as being of particular importance to the country’s economic growth and stability. The importance of the agricultural sector as a producer of food, and as an employer and earner of foreign currency, is still not being recognised by the ANC. There is a saying that any country that neglects its agriculture is doomed to fail.

The current circumstances are already causing farmers and agricultural businesses to seek investment and development opportunities in other African countries. Agricultural policy and factors like vindictive pronouncements by politicians which damage confidence, are giving further motivation for South African citizens to migrate to other African countries.

It really concerns me that such confidence in this country has been lost to such an extent that farmers are seeking their salvation in unfavourable conditions in Africa. The DA will do everything in its power to retain producers in South Africa for the benefit of all our people.]

Mr President, the DA supports a united, profitable, sustainable and thriving agricultural sector in South Africa. We believe that this is critical for food security and job creation. As a result of government’s confrontational stance to commercial agriculture, we have seen a huge disinvestment in the sector.

The threats to do away with the willing-buyer, willing-seller principle and to again review the Expropriation Bill, certainly also contribute to the decline in investor confidence. We cannot afford to keep repeating these mistakes.

The challenges that we now face to restore confidence and improve production are the following: We must have a clear policy framework to instil confidence and enhance investment in the sector. This will include that all land redistribution under our land reform programmes will be carried out at market-related prices and that there is an adoption of the willing-seller principle to establish the market value of land purchased by government.

We must overhaul our land reform programmes by ensuring that the new land beneficiaries have adequate postsettlement support and financial support.

We need to identify people with an interest in farming and have proper partnership agreements with former landowners for a period of at least five years, to ensure a smooth and productive transfer. New farm owners should have freehold title ownership to unlock the economic potential of their assets. To minimise the cost of land to government, the land can be bought at market value and sold back to beneficiaries at productive value, with the Land Bank to carry the loans at reduced interest rates.

Another crucial and critical issue, which has a vast impact on agriculture, is the effect of natural disasters and climate change. The implementation of a disaster risk management system with adequate funding is now long overdue. We simply cannot carry on with ad hoc schemes, with aid reaching farmers years after it is needed. Current examples of droughts, floods, and fire damage like that in the Eastern Cape can be quoted.

More resources need to be allocated to infrastructure development, such as roads, rail and communication, in order for our products to reach our markets timeously. Roads in rural areas are virtually nonexistent, and, in many cases, farmers maintain gravel roads themselves. The maintenance service can be outsourced, in my opinion.

Last, but certainly not least, the high crime rate in rural areas should be addressed as a matter of urgency. Farmers and their workers remain soft targets, and murders are again escalating alarmingly.

The Minister of Police’s call for a gun-free country is far removed from the reality. Guns are smuggled and are freely available on the black market to potential criminals. The solution to protecting rural communities should rather be found in armed guards on each and every farm to protect innocent people from being brutally murdered.

In closing, the DA assures the President that we will work relentlessly to ensure the successful implementation of rural development and food production at affordable prices for all our people. I thank you. [Applause.]

Ms C M P KOTSI: Mr Speaker, hon members, the state of the nation address for the momentous year 2010, a year in which we celebrated the release of the founding father of the democratic South Africa, simply did not meet the occasion. It is a year in which we felt proud as Nelson Mandela, representing the hopes of the generations that sacrificed for our future, sat in the gallery.

This is a year in which we, through the Fifa World Cup, stand poised to show three quarters of the universe that we too are a nation among nations.

In a year when we have to show that we are ready to face the challenges presented by an economy suffering from recession, we have tragically witnessed a lack of vision on a great scale. This manifested itself in the following ways. Firstly, we had no road map out of recession. Due to the effect of the recession on the great majority of South Africans, the President was obliged to focus his state of the nation address on this reality. We believe that this is due to the fact that the President still has not decided who of his Ministers is entrusted with this great task.

The issue of the creation of job opportunities is an admission of the ANC’s failure to create sustainable, decent jobs. As for the promise of 500 000 job opportunities by December 2009, the President must tell the nation about the duration of these jobs. This is because we know that Public Works job programmes last for a few months. In fact, they last for a maximum of merely three months. This begs the question as to whether we are serious about growth, development and job creation.

Secondly, with regard to the much-talked about rural economic development, why is it that the huge necessity to stamp out urban migration, remove some people from social security systems and create an economy for many unskilled people in the rural areas received little attention during the state of the nation address last Thursday?

Due to its importance to the great majority of the poor, the President cannot wait for a detailed ministerial briefing on this. It requires the President to provide a road map for the country and for the people trapped in poverty in rural areas.

Thirdly, the great innovation of Polokwane, the National Planning Commission, is stillborn. This is simply because the powerful yet unelected leaders linked to the ruling party of this country are deterring the Minister in charge of planning. The President has allowed them to prevail.

That idea - the institution and its life - should not wait for the ministerial briefing. It is a key message to South Africa and the world’s investor capitals. It ought to be in the presidential state of the nation address. Yet, again, no road map.

We were treated to the spectacle of wilful neglect of duty, reckless stewardship of the nation and, frankly, no leadership. The second stage of our development as a nation, which is our economic development, is an unconvincing vision and is in limp hands. This opportunity, to inspire South African people and investors with our economic potential, was lost and lost miserably.

Cope welcomes the establishment of the interministerial committee on energy that will, inter alia, look at the participation of independent power producers. Clearly this is an invitation to investors to ensure that we will continue to enjoy the availability of energy. What worries us is the fact that the ANC is to start nationalisation. Can the President assure potential investors that the energy sector – their investment – will not be nationalised once nationalisation is enforced?

Mopresidente, o buile hanyenyane kappa ha wa bua ka basadi. Ekaba sena se bolelang ho rona basadi? Tokolloho ya basadi e matsohong a rona. Owele hle, re kopa tlhompho haholo ho wena ntate, jwaloka hlooho ya rona. Ngwana wa ka ke ngwana wa hao, ha e se ke ya ba mosadi ho wena. Ke a leboha. [Mahofi.] (Translation of Sesotho paragraph follows.)

[Mr President, you said very little or nothing at all about women. What does this say to us women? Women’s freedom is in our hands. Please sir, we ask for respect especially from you, sir, because you are our leader. My child is your child, she should not be your wife. Thank you. [Applause.]]

The MINISTER OF SOCIAL DEVELOPMENT: Speaker, hon President and Deputy President, colleagues in the House …

… a le nna ke simolole ka go dumedisa, ke amogele motsotsonyana o wa go bua mo Ntlong e. [… I will start off with a greeting. I am thankful for the opportunity to speak in this House].

If there are those who harbour doubts about the sustainability of the legacy bequeathed to us by former President Nelson Mandela, if there are those who are still doubtful about the commitment made by hon President Jacob Zuma to a new direction, if there is anyone who still harbours any doubts about President Zuma’s pledge for a year of action and a focus on outcomes by government, then the only limit to their realisation of tomorrow will be their doubts of today.

Hon members, never before have we felt more assured of the sustainability of our freedom and democracy since Tata Mandela took those first steps to freedom on 11 February 1990. Tata Mandela’s cherished dream ushered in a new dispensation that gave way to civil rights.

Tata Mandela’s leadership ushered in a dispensation of a recognition of our political rights. It laid the foundation for the advancement of our social rights; and hon President Zuma has outlined the path towards the fulfilment of those social rights embodied in government’s comprehensive social security system, of which social solidarity is a foundation.

Over the past 15 years, the ANC government, working with NGOs, faith-based organisations, organised labour, business, and many committed South Africans, has implemented a range of policies that have gradually taken our country out of the untenable situation to which our people were subjected during the apartheid era. These policies are inspired by and seek to realise the vision of a society that is both inclusive and attentive to the rights and the needs of the most vulnerable in our society. The thrust of this inclusiveness has been the building of a comprehensive social security system. Our envisaged comprehensive social security system has three pillars: social assistance, social insurance and voluntary savings.

Our social assistance programme, which actually stands at around 3,5% of GDP, complemented by free basic services, is the envy of many the world over. We provide income support to over 13 million vulnerable people and ensure access to water - free water, I may add – electricity, sanitation, education, health care and subsidised housing.

A new dawn is being ushered in as the President has now put us on a new trajectory - a historic step towards bringing about a comprehensive social security system through the extension of the child support grant to children up to their 18th birthday.

Lest we forget, the extension of the child support grant was a resolution taken at the ANC conference in Polokwane. It was a promise that we made in our election manifesto. It is in the Medium-Term Strategic Framework, MTSF, and it is a promise to South Africans, a promise that we have met.

The extension of the child support grant is also historic. While many countries introduced family support during the 1940s, black South Africans here in this country were excluded from those rights because we were deemed unworthy of such investments by our society. We need to applaud the President and his government for being bold in continuing to dismantle discriminatory practices of the past, and to invest in the wellbeing and future of our children.

This policy initiative paves the way for an additional 2 million vulnerable children to access income support. Our social security programme will now be amongst the most comprehensive programmes as compared to most countries in Africa, Latin America and also East Asia.

Allow me to talk about the second pillar of this comprehensive social security, before providing more details on the impact of the social grants and other services.

While social assistance aims to alleviate poverty, the goal of social insurance is to prevent poverty. The comprehensiveness of our social security system is compromised by the limited contributions to social insurance funds by those in fulltime employment. Except for the good coverage in unemployment insurance and compensation for work injuries, there are still extensive gaps in our second pillar of the comprehensive social security system.

The consequence is that many employed people fall into poverty and put a demand on the social assistance system as a result. Contributory social insurance will require the participation of all working South Africans so that we can pool our savings and engender support amongst workers in the event that their employment is interrupted by disability, death, old age, poor heath, and so on.

To build on our growing commitment to social solidarity so ably demonstrated through the cash transfer system, it will be under the leadership of this President, President Jacob Zuma. We will finalise work in respect of comprehensive social insurance. This work will involve setting up a mandatory system of social insurance to cover all South Africans for pension, disability and survivor benefits, health insurance, and the reform of the Road Accident Fund.

In addition, we will reform the social security institutional arrangements, and also integrate and consolidate the administration of social security benefits.

Pillar three of the social security system involves voluntary contributions to retirement and health care. We can, today, assure those who save in these voluntary schemes. Our financial systems here in South Africa and the regulatory arrangements have been given the thumbs up by international financial institutions. In fact, we are rated number six globally for world- class regulation of our financial sector. [Applause.] Hon Speaker and members, these three aspects constitute comprehensive social security and the envisaged reforms through which President Zuma will lead this country during his tenure. The strategic stance adopted by government is premised on the understanding that our services and strategies need to speak to the needs of our people.

The President has, in a short space of time - a few months indeed - already engaged so many of our people and has, more than anyone else, assessed the needs of our people as they experience them on a day-to-day basis.

The visionary steps in the state of the nation address outlined the broad range of critical interventions that are needed in education, health care, rural development, security and many other areas. These interventions will work together to break the cycle of intergenerational poverty.

Colleagues, employment and the growth of our economy remain fundamental in empowering our people and are the bases for a sustained antipoverty framework.

To complement social grants for the poor, and in partnership with the rest of government as well as civil society and business, we will implement all measures and policies announced by the President. These measures will, over time, yield an economic environment conducive to the employment of greater numbers of people.

In this area, Social Development’s discreet contribution from a strategic perspective is our Early Childhood Development Programme, ECDP, and the Community Development Programme, CDP. By investing in the children’s formative years, we are laying a foundation for generations of our South Africans to be well educated and have the necessary skills base to transform the South African economy.

Guided by the strategic themes that seek to crowd social, human and financial investment into the improved wellbeing of South Africa’s children, as well as older persons and other vulnerable groups, we have introduced a number of policies and strategies to guide our work as government. This includes the introduction of Children’s and the Older Persons Acts.

More children are participating in early childhood development centres than ever before. Large numbers of care workers are providing home-based care to mitigate the impact of HIV/Aids. In response to the enormous challenges of substance abuse such as drugs, alcohol and other substances, we will join forces and integrate the work that we do in prevention and rehabilitation with the work that is being done by departments in the cluster of justice and security.

We do believe that none of us will succeed in building our nation if the country continues to experience an increase in substance abuse. Is there anyone who doubts the effectiveness of our broad social security system? “How long halt ye between two opinions?” So asks the Bible.

By extending the child support grant, the President has placed the focus on outputs and outcomes. Through these measures, we have no doubt that during the term of this administration, we will also stimulate participation in the economy and improve human welfare, as the grants will lower the number of people going hungry and help them to meet needs like transport, schooling and clothing.

We will also assist more people to invest in the future, increase school enrolment and upgrade housing assets. We will also enable more to engage in labour-seeking behaviour, as local and international research suggests that adults in households receiving cash transfers are more likely to actively seek employment than those in household that are excluded from this cash transfer system.

We will also support more people in saving and engaging with financial markets, and also make it possible for more beneficiaries to save instead of borrowing, and for others to set up their micro enterprises. More importantly, we will continue with our work to improve the integrity of our social security administration.

We also participate in the Inter-Ministerial Committee on Anti-Corruption. This committee has met twice already. This Friday it held a meeting, as opposed to what we hear: that this committee has not met. I don’t know where we get this information.

In our environment, we will continue to work with the Special Investigating Unit, SIU, to get rid of all those who are fraudulently on the system. In his state of the nation address, the President mentioned that we have removed irregular recipients and, therefore, yielded savings as a result of these actions. All those who signed acknowledgements of debt because they were on the system irregularly are paying moneys back to the state. Those who wilfully defrauded the state are being disciplined and will continue to be disciplined.

Is there anyone who still doubts that the measures outlined by the President will deepen the impact on creating a caring society based on the principle of social solidarity? [Interjections.]

You have the answer. If you are a Doubting Thomas, I have told you who you are. Solidarity-based policies and strategies have essentially built up much of the developed world’s economy and social infrastructure, especially after the two World Wars that crippled those continents.

Likewise, South Africa needs all its citizens and residents to develop and implement solutions that will benefit all South Africans more than ever before, in view of our past that largely determined the life chances of individuals and communities. We often talk about the lack of social cohesion in our society. We also reminisce about ubuntu. What we need to do as a society is to bring back the spirit of caring and the values of sharing and reciprocity.

In this regard, we will work with the National Interfaith Leadership Council, NILC, to ensure that we continue to build values as contained in our Constitution, as well as working together on development programmes. Our systems should reflect our interconnectedness and ubuntu in which each of us commits to support the other.

Samora Machel, one of the greatest freedom fighters argued, and I partially quote:

… solidarity is not an act of charity. It is an act of unity …

Our attempts at solidarity are interrupted by the Pharisees and the Sadducees pointing fingers while they are not without sin themselves. The Pharisees are so far from the people, squabbling in their parties. The Sadducees are sad as they lack the support of the people.

We must focus on South Africa’s greatest challenge, for, as Kennedy said:

If we are not able to save the many who are poor, we will not be able to save the few who are rich.

We welcome the President’s commitment to outputs and outcomes and the state of the nation’s vision that will take us towards that inclusive society. We will work towards their achievement. We look forward, Mr President, to the signing of performance agreements as Ministers - I’m speaking for myself as well - for in the end, we owe it to this and the future generations to create a better life for all. Thank you very much. [Applause.]

Mr S C MOTAU: Madam Deputy Speaker, I strongly resist going biblical as that is very slippery ground. I’ll stay with an outstanding South African leader, Professor Njabulo Ndebele, who had a piece in The Sunday Times dated 7 February 2010, in which he marked the 20 years of freedom for uTata Nelson Mandela. The piece was titled, “The long walk remains.” I quote:

South Africa desperately needs new politics in which the actors understand the full implications of abundant new opportunities for the people to rediscover one another and to build the country. Today we know that the diversity in thinking is a national asset.

This country cries out for true leadership that will help us realise these benefits; leadership which will put South Africa first in all of its actions.

The former United States Secretary of State, General Colin Powell, in his primer on the subject said:

Good leadership involves responsibility to the welfare of the group, which means that some people will get angry at your actions and decisions. It’s inevitable if you are honourable. Trying to get everyone to like you is a sign of mediocrity; you’ll avoid the tough decisions; and you’ll not confront the people who need to be confronted.

Former President Nelson Mandela, manifested the requisite leadership qualities and led this country from the front. We miss that bold, visionary, compassionate, inclusive, unifying and moral leadership.

The country demands upstanding leaders to secure the future of our young democracy. Our faltering and underperforming parastatals, many of them currently without chief executive officers, yearn for quality leadership. Such leadership can put Eskom, the avaricious energy monopoly, back on track and secure our electricity future without the nation paying an arm and a leg for energy.

This is critical as the nation fearfully awaits the decision of the National Energy Regulator of South Africa, Nersa, regarding Eskom’s latest application for a tariff increase of 35% a year for three years. We appeal to Nersa to exercise responsible leadership in this regard. The regulator must put the interests of South Africa above those of Eskom to dispel the widely held view that they do the bidding of Eskom. A bad decision will spell serious trouble for the country’s economy which is already hard- pressed; and more misery for the poor.

It is, therefore, very important that we take special care when we fill the critical leadership positions at Eskom and the other state- owned enterprises. The people who are appointed must be fit for the purpose, competent and serve those entities in the best interests of the country. Let us, please, keep party politics out of the selection process.

In this regard, Speaker, it would add insult to injury for the people of this country if the state were to pay Mr Jacob Maroga one red cent following his resignation from Eskom. He failed the nation and he doesn’t deserve what he is asking for. If the state does that, the people will not forget.

We thus hope that the Inter-Ministerial Committee on Energy will be goal- orientated, that it will fast-track results and not be a further stumbling block to the entry of independent power producers onto our energy market. This is taking too long to happen; we need action, now.

To get results calls for a Powell brand of leadership. Regrettably, what the people get from leadership these days are huge doses of promises, bluster, fudge, sophistry, denial and Orwellian-speak, in which wrong is right and conflicts of interest are pooh-poohed. This is the failure of leadership. Saying sorry does not make it right. The ANC, Chancellor House, Hitachi, Eskom and Nexus fall into this category.

Earlier, I referred to the nation’s fearful state regarding the outcome of Eskom’s request to Nersa. There is, however, another pervasive fear in our land: the fear of being mugged, brutalised, raped or even murdered in our own homes.

The eradication of this national plague demands decisive leadership and action. I know that in this regard I’m speaking for many people in this House and country. Crime is slowly but surely strangling our nation. The President has declared 2010 as the year of action. He mustn’t stop there. Results will come only when inaction is followed by serious consequences.

General Powell reminds us of the following:

Strategy equals execution. All the great visions and ideas in the world are worthless if they can’t be implemented rapidly and efficiently.

[Time expired.] [Applause.]

Mr R B BHOOLA: Madam Deputy Speaker, His Excellency the State President of the country and colleagues, political commentators and the media have been unanimous in expressing a very deep disappointment in your state of the nation address.

The Independent on Saturday in KwaZulu-Natal described your speech as lacklustre. The South African nation was hyped up, especially after commemorating 20 years after the release of Madiba; and looking at the World Cup, there was definitely a widespread disappointment.

You set the targets last year and the very fact that you announced certain mechanisms about targets, delivery, etc, is a clear indication that your generals have not followed you, not obeyed you, and that they have let you down.

Also, in respect of the 489 000 jobs that were created, those temporary Extended Public Works job creation projects are not sustainable.

The great problem in our country is that our key parastatals are in crisis. As far as the supply of power is concerned, the MF is glad that you have changed direction on the role of independent producers. But let me express a word of caution: I hope friends are not waiting in the wings.

The MF strongly urges the South African government to commence negotiations with the Ambani Brothers of Reliance and Rattan Tata. Call them to this country and ask them to build our power stations on credit. Build now and pay later!

Mr President, we are creating jobs; we are in a period of austerity. Ask the Minister of Agriculture, Forestry and Fisheries to stop putting negative factors in the path of subsistence fishermen - there is a proposed hike of over 300% for fishing permits. There is a difference between recreational fishermen and subsistence fishermen.

Last year, the MF made certain proposals to look at Prof Ali Awali and learn from the success of India’s planning commission. We said manufacturing, agriculture and infrastructure must be key factors. I want to also ask you, Mr President, to turn your eyes to KwaZulu-Natal where there is a lacklustre provincial government. EThekwini has no democracy. Intercommunity relationships are in the mud. How can the ANC allow a metro council to be run, not by democratically elected representatives, but by three people from a particular office?

What we need is to move away from race and look at merit. Education in the world knows no nationality, race or barriers and what this country needs is excellent, outstanding management. We have a lot of money for education, but are we training our youth to satisfy South Africa’s manpower needs?

The Minister for the Public Service and Administration made an announcement that this country is looking for people from outside with 30% extra salaries. Yet, after 16 years, haven’t we trained our own youth to satisfy South Africa’s manpower needs?

At the tail end, Mr President, you referred to the great contributions made by South Africans of Indian origin. Ask yourself this one question: Why didn’t they come to see the Indian Prime Minister? Why are they apathetic? After 1994, Indians have been marginalised. One of the greatest announcements that can be made during the 150 years celebration is to say to the Indian community that we now regard you as equal South African citizens.

We are all indeed very proud of Madiba; and I am glad, Mr President, that you paid tribute to the late Mr P W Botha. In 1993, Madiba went to visit Mr P W Botha’s house and he told the MF leader that the reason was to pay his respects to him because he had the courage to start a peaceful change in our country.

Mr President, I want you to know that Madiba went to visit Mr Rajbansi. Why did he go? Are you aware that Madiba met Mr Rajbansi 40 times when he was the President? What we need in South Africa is to follow Madiba on the path of peace, unity and reconciliation when he said we should join hands and build this country together. Furthermore, we have a lacklustre Minister of Finance and the whole country will blow up in a crisis if nothing is done.

Mr President, the department of sport and recreation in KwaZulu-Natal is in the mud. Mr Rajbansi worked with Inkosi Albert Luthuli as a football administrator; he is the father of football. To recognise his contribution to the World Cup, the presidential suite at Moses Mabida Stadium should be called the Inkosi Albert Luthuli Presidential Suite.

Are we following Madiba? All we are saying today is that we must come back to Madiba; we must come back to Madiba’s direction. Come back to the road Madiba has mapped out to build a great South Africa!

Mr President, you said that 2010 is a year for action to work harder, smarter and better. However, let us be mindful of the fact that in a soccer match it is not the dribbling that is important, but the scoring of the goal. Let us commit ourselves, today, to wipe away the tears of suffering from everyone’s eyes and deliver them from the shackles of poverty so that there can be a better life for all. Let us march forward. Thank you.

The DEPUTY MINISTER OF ECONOMIC DEVELOPMENT: Madam Deputy Speaker … e re le nna ke ise tlotlo go Moporesitente, Motlatsa Moporesitente, Ditona le Maloko otlhe a Palamente. Ke kopa go simolola ka go baakanya kgannyana e nnye e e tlileng le Mme Matladi. (Translation of Setswana paragraph follows.)

[… honour be to the President, the Deputy President, Ministers and all Members of Parliament. I will begin by rectifying what Mrs Matladi has mentioned.]

You took us by surprise, Madam, when you said Mangope fought for the release of Nelson Mandela. Those of us who operated in that area were shocked. Let me remind you … mantswe a a tshwanang le: Fa mapantiti a le bitsa le a taboga, mme fa nna ke le bitsa ga le batle go tla. [… words such as: when prisoners call you, you respond, but when I call you, you defy me.]

That statement was referring to Nelson Mandela.

Mr President, when 10% of the population enjoys a 61% share of the total national income in our country, when our economy imports too many goods and services, when our people are less productive, when most of the shops in the townships and villages stand empty, when our people eat from landfill sites, when government is spending billions of rands in an attempt to reduce the gap between the rich and the poor and yet the gap keeps on growing, it is clear that we need a new set of rules going forward. It is indeed time to do things differently.

We welcome your approach, sir. We know that with your vision, these problems will be reversed and they will be things of the past, thanks to your leadership.

As we celebrate Madiba’s legacy, may I remind the House of a special sitting that was called on 10 May 2004 to mark 10 years of our democracy. Former President Mandela was invited and these were amongst his last words spoken from this podium:

Our democracy must bring its material fruits to all, particularly the poor, marginalised and vulnerable. Our belief in the common good ultimately translates into deep concern for those that suffer want and deprivation of any kind.

The past 15 years of democratic rule in South Africa have been characterised by policy-making and legislative reform aimed at meeting constitutional imperatives. One of the central programmes of reconstruction is the development of human resources. Many South Africans have been excluded from the economic growth of our country because the economy presents opportunities that are skills-based.

As the global economy turns the corner, levels of innovation and competitiveness are certainly going to continue to grow faster, and South Africa dare not be left behind. It follows that we need to sharpen the skills levels of our citizens, among other things, so that our economy increases its innovation and competitiveness levels.

Most importantly, in our quest to sharpen the skills of citizens, it is critical to ensure that the skills make available opportunities so that all citizens benefit fairly from the economic growth of the country. We, therefore, need to create a cadreship of skills with the necessary capacity to effect and sustain economic growth.

How do we achieve this? From the onset, we need to appreciate our country’s history. Apartheid caused most of the population to be structurally unskilled and created a reservoir of unemployable citizens.

You mentioned, Mr President, on 8 January, that our people are absent in wealth ownership. We cannot continue on that old path where citizens are not motivated to attain education and skills that set the economy on a better footing to respond appropriately to skills needs that necessitate better, faster and sustainable economic growth to benefit all.

Our Ministry is designed to have a strong domestic focus. To this end, I embarked on provincial visits from the beginning of January this year to understand how our policies impact on ordinary South Africans. We held meetings with MECs and their officials and discovered that, amongst other things, there is no co-ordination - not within provinces and/or departments. We, therefore, need to devise a strategy that ensures co- ordination.

To improve at domestic level, especially with regard to the productivity of our people, a paradigm shift is needed. We need a new thinking going forward.

We must support, promote, protect and develop our own natural resources and ensure that more value-adding industries are created. Local products must be supported and procured by government and other government institutions in order to increase local procurement, thus increasing local production and, in turn, creating more sustainable jobs. For instance, when one looks at the 2008-09 imports reports from Sars, one realises that the bulk of what we imported into our country could easily have been produced or manufactured locally, provided we had increased our economy’s competitiveness.

If we do not increase our competitiveness through, amongst other things, skilling our human resources in the medium to long term, we shall continue to pay billions for avoidable imports and create fewer jobs.

We, therefore, need to understand that human resources, not capital, income or material resources constitute the ultimate bases for the wealth of our nation. Capital and natural resources are passive factors of production. Human beings are the active agents who accumulate capital, exploit natural resources, build social, economic and political organisations and carry forward national development.

Clearly, if we continue to be unable to develop the skills and knowledge of our people and to utilise them effectively in the national economy, we will fail in increasing our competitiveness and in keeping up with the global economy.

Mr President, we welcome your new approach for all government institutions not to work in silos, but to work as a collective. In the past 10 years, there has been an emphasis on policy-making and less focus on implementation and the capacities required to do so.

Related to this is the challenge of co-ordination between departments. Over the years, departments have simultaneously, and more or less independently, promulgated numerous Acts from a departmental point of view. For example, different notions have existed between government departments regarding SMMEs’ training needs.

Some departments favoured internships for SMMEs, while others identified learnerships as the appropriate instrument. There has also been a degree of policy incoherence between some departments resulting in a constrained economy. We are happy that this is now a thing of the past.

The people of South Africa are the country’s most important asset. If all South Africans are to participate meaningfully in economic, political and industrial capacitation and social development, they must not only have general capabilities such as the ability to read, count and write.

It is important that they realise that the economy is complex and changing, characterised by increasing use of information, more complex technologies and a general rise in the skill requirements of jobs.

We, therefore, need to assist our people to have rising levels of applied competences. Knowledge economy is the way to go. To that end, we should also lead by example. Let us not be scared of those little computers we have, hon members. Some of the arguments advanced such as, “My e-mail is broken”, do not help the cause because it never breaks.

We, therefore, call on the higher education institutions to build adequate capacities that can absorb more learners. Not only should they build the capacity to absorb more learners, but most importantly, the capacity to teach and produce graduates with the essential educational foundation that can adapt to the ever-changing needs of the economy. The institutions must respond to the skills needs of the economy.

It follows that we need to develop and strengthen learnership programmes to encourage graduates to understand the functioning of a growing economy through a well-procured career guidance strategy. To this end, the use of career guidance and employment services must be closely linked to the economic development of the country.

We must recognise the importance of career guidance as a facilitation process for the overall human resource development strategies if we want to be competitive in the global markets.

A strategic career guidance programme must be introduced as a policy response to this issue. Such a programme should facilitate school-to-work transition in a culturally enabling environment. The role of career guidance and employment services is important in the process of school-to- work transition and labour market intermediation.

The delivery of these services in a developing context brings about many challenges. These challenges need to be addressed through a co-ordinated framework of policies and the establishment of services across the different relevant sectors. This can only be achieved through knowledge gained from research – research that can identify the needs of the employers in the different sectors. The challenge in skills development can be seen as being both policy design or co-ordination, as well as limited implementation. Seta training programmes must be well designed, well targeted, and rolled out fully. This must be done efficiently by pooling financial resources and developing cross-Seta training programmes.

The South African government has committed itself to taking concrete steps to raise the skills profile of the labour market. In as much as government will put an effort into ensuring that the country produces enough graduates in the most needed disciplines, it will be in vain if private and public sector employers are not prepared to train these graduates.

It is of great concern that both private and public sector employers have significantly reduced the intake of graduates into their internship programmes. If we want to build a skilled nation we cannot continue with the practice where the economy’s critical players do not take their rightful lead in increasing skills through on-the-job training programmes.

It is important for employers in all sectors to realise that government ignites the fire for skills development that is geared to effect and sustain economic growth. It is through them that the flame will continue to burn.

Many policies, strategies and approaches have and will be put in place by government to ensure that we create skills, but if employers are not going to respond to government efforts by ensuring adequate on-the-job training programmes, we are not going to create a cadreship of skills that will effect and sustain economic growth.

Research reveals that SMMEs employ around 52% of all employees in South Africa. If these figures are anything to go by, we dare not turn a blind eye to this reality. It is evident that SMMEs, and to some extent co- operatives, are amongst the best drivers that will effect faster, better and sustainable economic growth. We, therefore, need to further encourage the formation of successful SMMEs and co-operatives.

Currently, SMMEs and co-operatives have a major failure rate. It is not because the owners lack the moral willingness to operate successful businesses, but, amongst other things, they lack the fundamental skills to do so. It follows that we need to intensify our efforts to empower surviving SMMEs.

Given South Africa’s history, there is a strong need to address the imbalances of the past, hence economic and industrial-driven policies are necessary in the South African economy. Let us be strong and build a cadreship of skills just as we did in the struggle to gain power.

Mr President, your leadership has energised the nation and there is a lot of hope. Let us not betray the trust the nation has in us.

Apartheid did not have parents when we started here in 1994; democracy had too many parents because people did not want to be associated with apartheid. When the hon member from the UCDP mentioned that her party was also fighting for Comrade Mandela, it didn’t come as a shock, because when people come to this podium, they all claim to be heroes. The only thing that I want to help her with is, if you need the police, you don’t phone 10999 because you will not find them, it is 10111. I thank you. [Applause.]

Mrs M S MANGENA: Deputy Speaker, Mr President, hon members, the story is told of a high-school boy who was fluffing his mathematics and when his father scolded him and urged him to pull up his socks, the young man replied: “Don’t worry, Dad, I don’t have to work so hard to get my maths right. After all, I plan to be a weatherman when I finish school.”

Obviously the young man did not know that weather forecasters need some knowledge of maths, geography, physics and these days, IT, to function in their jobs. He had not heard of Antarctica; he knew nothing about aviation and agriculture, where weather forecasting plays a vital role. To him, the weatherman has an easy life because he doesn’t have to work hard to get anything right.

Some of us are beginning to feel as if the philosophy and attitude of this young man are creeping in on us as a nation; that we are slowly moving away from the example set by the likes of Steve Biko, Onkgopotse Tiro, Mangaliso Sobukwe and, of course, Nelson Mandela, whose legacy we honoured with the opening of Parliament this year.

Mandela’s legacy is tough and lofty. It is a weighty blend of honour, sincerity, sacrifice, hard work, commitment, patience, endurance, patriotism and selfless service to others and to your country. It seems these admirable values are fading in our public life. In their place we see the relentless pursuit of easy or illicit riches acquired as quickly as possible and by any means necessary.

We know that our kids learn more by watching us than taking instructions from us. Don’t be surprised by the reply, given verbally or otherwise, when we try to motivate them to improve their school work: “Don’t worry, mom”, they might say, “I don’t have to work hard at school. After all, I plan to go into tendering when I finish school.”

They would know that you don’t have to be skilled or knowledgeable to win a tender. You need only be connected through family, political affiliation, the golf course or social drinking. You need only be that kind of weatherman.

As we coax our sons and daughters to do their maths with application and diligence, they might just reply, “Don’t worry, dad, I don’t have to get my maths right, because when I leave school I want to be a councillor or a municipal manager.”

From where they sit, our kids might gain the impression that councillors and municipal managers don’t have to be competent or apply themselves to the task of delivering services to the citizens. They don’t have to be responsible. The kids can see dirty streets, potholes everywhere, uncollected refuse, and yet the municipal manager is living a conspicuously good and easy life. It seems we might be nurturing a society that worships bling, but eschews hard work, honesty, service and commitment.

Every reasonable man and woman in our country should find it easy to embrace the five priorities adopted by government, and we pray that they succeed. These priorities would easily be realised if every man and women in every classroom in our schools, in every ward in our clinics and hospitals, in every municipal chamber and office, in every government office at provincial and national level, did his or her work with competence, dedication and honesty.

This would only be possible if these officials and municipal managers were appointed through a rigorous and competitive process, and they were appointed after answering the question: What can you do? Instead of the question: Who are you connected to? And when every man and woman does his or her work diligently and competently, there will be no reason for any citizen to phone the President in order to get an ID, or to have the President talking about teachers preparing their lessons here in Parliament. That should be a given in an environment where things work.

The grand bonus is that when all of us do an honest day’s work, we can go back to our sons and daughters at home and, looking them straight in the eye, say, “My son, my girl, work hard for your future.” And being the perceptive kids that they are, who learn by watching, they would reply, “Yes, dad; yes, mama.” Then we would be a people worthy of Mandela, and not a nation of weathermen. Thank you very much. [Applause.]

The MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Hon Deputy Speaker, Your Excellency Mr President, hon members, on 11 February the President presented the state of the nation address as part of celebrating the 20th anniversary of the release of former President Nelson Mandela from jail, after serving 27 years.

During the course of his address, he made many significant pronouncements. From where I sat, I picked up three, namely the following: one, rekindling the nation-building project; two, the premise of service delivery to our people, especially the poorest of the poor; and, three, the accountability of public representatives and public servants.

In this regard, the outcome for the Department of Rural Development and Land Reform is vibrant, equitable and sustainable rural communities. This, of course, is the vision of the department. There are four outputs in pursuit of this outcome, namely sustainable land reform, food security for all, rural development and job creation that is linked to skills development and training.

Further to the significant pronouncements that the President made in relation to the government’s strategic focus in the next two years of the current MTEF, he also provided some detail with regard to what he expects the department to deliver on. Among the things he expects to be done is the rolling out of the pilots to at least 160 wards across the country by 2014.

Secondly, at least 60% of rural households per site should meet their own food requirements by 2014. Thirdly, he expects the integration of land reform and agricultural support programmes, with performance measured according to the increase in the number of small-scale farmers who graduate into commercial entities by 2014. Finally, he expects the creation of jobs, skills training and development opportunities for young people between the ages of 16 and 25 years.

Given the progress that the three spheres, working together, have achieved during the first nine months of this administration, there is no reason why these specified and many other critical deliverables should not be achieved in the next three years.

The detail of what is to be done in pursuit of these deliverables will be set out in the budget policy speech. The budget policy speech will contain a note drawn from an interesting book, written by one Steven Lewis Jr. He states that there are three general phases of economic and social development that countries in the world pass through.

He examines South Africa’s performance, in comparison with other countries. According to him, the third phase of this social and economic development is increasing the productivity of land and labour in agriculture.

In fact, he says that the factor affecting wage increases in modern sectors in the economy is growth in productivity in agriculture in traditional sectors. Wages in the nonagricultural sectors must grow in order to attract people from agricultural areas in which incomes would have gone up.

In the following passage, he looks comparatively at the situation in South Africa during the colonial and apartheid years:

The land available to blacks has been severely restricted, and for a century government efforts - critical in virtually all successful development - have been directed almost exclusively toward white farmers, with the result that incomes available in the African and coloured rural areas have remained pitifully low, leaving people no alternative to seeking work in the modern sectors, including white agriculture, at whatever wage available.

The subsistence sector as a provider of income to the majority of South Africans effectively ceased to exist decades ago: the population densities were simply too great to allow any but a fraction of the black population a genuine subsistence output; the rest have had to depend on wage labour in white areas of South Africa, both urban and rural.

This passage speaks to the historical 7% to 13% land divide between whites and blacks in South Africa. The budget policy speech will delve more deeply into this question of land reform.

Rural development and land reform is therefore not just an ordinary programme, as the President has indicated. It is a postcolonial reconstruction and development programme. It is at the heart of socioeconomic transformation, where it matters most and where the most vulnerable reside: in rural areas.

The current patchwork of land legislation that attempts to address historical disparities in our country is admirable. It is a product of a particular point in time in our country’s democratisation. But, sadly, it is too fragmented to effectively address the centuries-old land question in South Africa.

In the Green Paper that we will soon serve on this House, we are opening a debate on the need to review the current land tenure system as a whole. That is the proverbial elephant in the room that can no longer be avoided. To continue avoiding this question would mean not being true to the letter and spirit of the Freedom Charter, which states that South Africa belongs to all who live in it, black and white.

I’d like to make a few comments and allay the fears of the hon umhlekazi Prince Buthelezi. We have been interacting vigorously over the past few weeks with a delegation from “Isilo nabahlali” [King Goodwill Zwelithini and the community] around this question. The last time we were there was Monday last week. It was the second meeting we had held in two weeks. We’re trying to find one another around this question.

This goes to the hon leader of the PAC, who made this point about the role of traditional leaders. The traditional leaders of Limpopo and other traditional leaders, including the chairperson of the National House of Traditional Leaders, are in contact with us. We’ve been discussing that.

We have addressed a congress, through the director-general, of Contralesa that was recently held in Durban, so we interact with the traditional leaders a great deal.

The second point, hon President, is this: I’ve given you a number of pictures taken at Muyexe, because there is a Sunday Times article, which was published after the President had delivered his state of the nation address, saying there is nothing happening there. I’m shocked by that article. It is shocking, Mr President. I’ve given these pictures to the hon Dlodlo, and asked her to show them to the President.

I can’t understand how a journalist could have gone to Muyexe and not seen the clinic which has been renovated. There was no clinic in operation there, but it is now operating eight hours a day, five days a week, with nurses. [Applause.] I don’t know how that journalist could have missed the fact that last month the hon Mthethwa’s department established a satellite police station where there was none, because of this work.

I cannot understand how that journalist could have missed a new pack shed which had been built. He actually shows a picture of a forlorn old lady, who probably did not understand what was happening, when there are 36 women who are working full-time on 4 ha of agricultural land, which is being extended to become 15 ha. Now they are operating with drip irrigation because we built a pump house there and it is working. We built a pack shed and they’re supplying Kwikspar.

I’ve given the President a picture of an example of how we fenced 150 household gardens for people to produce and eat. That’s what the President is saying, he’s saying to us that 60% of these houses should depend on their own gardens. That’s a beginning, it is there, it has started. [Applause.]

The President referred to 160 wards. It will be done. We are already operating in more than 21 wards across the country and in each of the provinces. There’s only one province in which we don’t have a site yet and that’s Gauteng. But we are going to Gauteng. So, Mr President, there is a good example of what you can see there in pictures.

In Muyexe, from August 2009, we have built, through the Department of Human Settlements, not only the 231 houses that you mentioned, but more than that. There is no house built in the townships that matches the houses that are being built in Muyexe. [Applause.]

He talks about water. It is true, but again, we went there to test boreholes. Four of them are working now and are supplying water from underground, but we are also working to bring water from the Nandoni Dam, 45 km from there to that place. I discussed it with the premier last week and said we must make sure we are agreed that that water coming to Muyexe won’t skip any of the villages along the 45 km from the dam. But that’s not the only place!

When you go to Riemvasmaak in the Northern Cape, it’s the same. We are working there and will soon be bringing water 30 km from the Orange River to Riemvasmaak, both for irrigation and domestic usage.

We’ll do the same in the Free State at Diyatalawa. If you go to Makgolokoeng in the Free State you’ll find that we are working there. We are about to deliver 40 dairy cows to the community of Diyatalawa. We’re working with Nestlé. We have a partnership that is going to buy the milk and they are going to provide state of the art equipment to revamp that dairy facility there. So, hon members and Mr President, the work is being done according to how you have asked us to do it. That article is misleading the country. Thank you, hon Deputy Speaker. [Applause.]

Mr W P DOMAN: Deputy Speaker, Mr President, the fact that a turnaround strategy for local government was approved is an honest acknowledgement by the government that in South Africa there is a crisis in the majority of municipalities. In the real state of the nation we are plagued by a delivery crisis with more than 50 major protests at municipalities since the election, with R58 billion in debt owed to them and a 12% vacancy rate of senior managers. The President referred to water losses. At the 12 municipalities in Gauteng alone it amounted to a loss of R1,3 billion in the previous financial year.

Wat ons nou nodig het, is die leierskap en politieke wil om hierdie omkeerstrategie deur te voer. Die DA stem volkome saam met wat die President verlede jaar in Khayelitsha gesê het: (Translation of Afrikaans paragraph follows.)

[What we need now is the leadership and political will to effect this turnaround strategy. The DA completely agrees with what the President said last year in Khayelitsha:]

We must find ways of attracting the best technical, managerial and financial minds to our municipalities, even the most remote, to effect a turnaround.

Mr President, there is one way of attracting them: Appoint them on merit and being fit for purpose, and stop cadre deployment! Cadre deployment, the national democratic revolution policy of the ANC, singlehandedly destroyed the capacity in our municipalities within 10 years of the fully democratic local government elections in December 2000. [Interjections.]

What is the ANC councils’ idea of transformation? First, all contract positions – the section 57 appointments, as we refer to managerial positions – are reserved for politically connected persons who, in many cases, totally lack the skills and, sorry to say, the integrity for the positions they’re appointed to.

The third municipal manager of Tshwane is now under provisional suspension, with full pay! Two municipal managers left, while under suspension, with huge golden handshakes before disciplinary hearings were concluded. [Interjections.]

And then, with these appointments the Peters Principle kicked in: Incompetent managers appoint incompetent staff to protect themselves. Another unintended consequence was that career staff, who still today do the bulk of good work at our municipalities, have become more and more unproductive because they see no reason why they should excel if there are no promotion possibilities.

The number of employees who have become so despondent that they have left local government is shocking. Civil engineering professionals, for example, have come down from more than 2 500 to only 1 300; while the population that must be served has grown by several million in the past decade. Let’s professionalise staff selection, not politicise it.

Mnr die President, die DA het ook saam met u gestem toe u in Khayelitsha gesê het:

Secondly, we must deal with the fact that many municipalities face a deep crisis of governance due to political power struggles. These battles for control over resources render the affected municipalities effectively dysfunctional.

Die 8 000 raadslede in Suid-Afrika het die wonderlike geleentheid om die potensiaal van al ons gemeenskappe te help ontluik, maar dit is tragies dat so baie van hulle net op eie belang ingestel is.

’n Tekort aan geld is nie die groot probleem nie. Die ANC-regering moet geloof word daarvoor dat meer geld vir infrastruktuurskepping – vanjaar is dit R11 miljard, tesame met ander toekennings – beskikbaar is aan munisipaliteite as wat hulle kan bestee.

Hoe is dit moontlik dat al die plaaslike munisipaliteite in die Noord-Kaap en talle in Noordwes en die Vrystaat tegnies bankrot is, maar Laingsburg- munisipaliteit, wat dieselfde moeilike omstandighede het, naamlik geleë in die Karoo, wyd uitgestrek, min werkgeleenthede en baie armes, tog die een toekennning na die ander wen?

Twee redes maak ’n verskil. Die raad, wat uit presies 50% ANC- en 50% DA- lede bestaan, werk verstandig saam, en dan het hulle nog al die jare net een munisipale bestuurder gehad. Terloops, hy is nie ’n wit amptenaar uit die vorige bedeling nie, maar eenvoudig ’n goeie bestuurder op meriete aangestel.

Wetgewing is ook nie die grootste probleem nie. Hoe is dit moontlik dat talle munisipaliteite onder dieselfde wetgewing in Suid-Afrika wel presteer? Mosselbaai, byvoorbeeld, het nie ’n sent leningskuld nie, miljoene in die bank en van ’n uitkykpunt op die N2 by Mosselbaai kan ’n mens die duisende laekoste-huise sien wat gebou moes word weens verstedeliking en wat gratis dienste kry.

Behalwe dat die DA natuurlik daar regeer, kan ons ook sê dat die munisipale bestuurder en burgemeester vroue is wat daarin slaag om wetgewing toe te pas.

Die probleem bly swak, selfsugtige, moedswillige raadslede vir wie eie belang en politieke mag primêr is. (Translation of Afrikaans paragraphs follows.)

[Mr President, the DA also agreed with you when you said the following in Khayelitsha:

Secondly, we must deal with the fact that many municipalities face a deep crisis of governance due to political power struggles. These battles for control over resources render the affected municipalities effectively dysfunctional.

The 8 000 councillors in South Africa have the wonderful opportunity to help develop the potential of all our communities, but it is tragic that so many of them are only focused on their own interests. A lack of funds is not the big problem. The ANC government should be commended for the fact that more money is available to municipalities for infrastructure development – this year it is R11 billion, combined with other allocations – than they can spend.

How is it possible that all the local municipalities in the Northern Cape and many in North West and the Free State are technically bankrupt, but Laingsburg Municipality that is experiencing the same difficult circumstances, such as being situated in the Karoo, covering a vast area, offering few job opportunities, and being home to many poor people, is still winning one award after the other?

Two factors make a difference. The councillors, comprising exactly 50% ANC and 50% DA members, work together wisely, and in all these years they have only had one municipal manager. By the way, he is not a white official from the previous dispensation but simply a good manager who was appointed on merit.

Legislation is also not the biggest problem. How is it possible that many municipalities are performing well under the same legislation in South Africa? Mossel Bay, for instance, does not have a cent of loan debt, has millions in the bank and from a vantage point on the N2 in Mossel Bay one can see thousands of low-cost houses that had to be built because of urbanisation, which are receiving free services.

Apart from the fact that it is governed by the DA, of course, we can also mention that the municipal manager and mayor are women who have succeeded in enforcing legislation.

The problem remains incompetent, selfish, recalcitrant councillors for whom their own interests and political power are paramount.]

In Rustenburg the 60-odd councillors misused ratepayers’ money by voting themselves an expensive bottle of whisky and a tailor-made blazer each for Christmas. [Laughter.] The Speaker only sent us a Christmas card and I want to ask the Speaker, where is our whisky!? [Laughter.]

The ANC councillors of the city of Matlosana in Klerksdorp are now in the process of buying – listen to this – 500 World Cup Football tickets out of the municipal budget for themselves, staff, family and friends. They don’t even have the loyalty towards our country to support this great upcoming event out of their own pockets. Thank you. [Time expired.] [Applause.]

Mrs D M RAMODIBE: Speaker, the hon President of the Republic of South Africa, hon Deputy President, hon Ministers, Deputy Ministers, hon members, let me start off by expressing my gratitude for the honour of being able to participate in this important debate. May I also join my colleagues in thanking the President for organising the celebration of the release of Tata Madiba. It is not a mistake to ensure the central positioning of women in different sectors of the economy and the state machinery; in fact, it is a fundamental necessity. When you economically empower a woman you economically empower the whole nation, but if you economically empower a man you economically empower an individual. This may sound like a slogan, but the time for slogans is over.

The President has declared this year a year of action – meaning that all theories must be put into action. Remember Margaret Thatcher when she said:

If you want something said, ask a man; if you want something done, ask a woman.

[Applause.]

Patriarchal oppression was embedded in the economic, social, religious, cultural, familial and other relations in all communities. Its eradication cannot be an assumed consequence of democracy.

All manifestations and consequences of patriarchy - from the feminisation of poverty, physical and psychological abuse, undermining self-confidence and hidden forms of exclusion from positions of authority and power - need to be eliminated.

Samora Machel once said:

The emancipation of women is not an act of charity, the result of a humanitarian or compassionate attitude. The liberation of women is a fundamental necessity for the revolution, the guarantee of its continuity and the precondition for its victory.

The ANC will therefore continue to strive for the realisation of the commitments of the Freedom Charter, that the rights of all the people shall be the same, regardless of race, colour or sex.

Speaker, the steady growth in women parliamentarians, provincial legislatures and councillors is a reflection of the implementation of the ANC policies. The representation of women in Cabinet since 2004 has been internationally cited as one of best practice.

The increase in the proportion of women in the provincial and national legislatures and elected municipal councils has also been substantial. It is safe to say that we still have to improve on women Speakers.

Indeed, this recognition of the interconnectedness of women’s struggles and what needs to be done to overcome this oppression was understood when we saw about 20 000 women marching to Pretoria in protest against carrying pass books. They also demanded the fundamental rights of justice, freedom and equality for their children. They gave voice to their resistance and determination and they demonstrated their power within themselves when they declared: Wathint’ Abafazi Wathint’ Imbokodo. [You strike a woman, you strike a rock.]

When we established our democracy in 1994, we dismantled apartheid legislation and put in place progressive policies. We established an Office on the Status of Women located in the Presidency and a Commission on Gender Equality. We fought for increasing representation of women at all levels of government and made great strides in that respect. We have taken a gender perspective on the implementation of development projects and programmes.

As a country, our government has taken it as its mandate to halve poverty and unemployment by 2014. In the first 13 years of democracy, there has been great progress in the provision of basic infrastructure, such as clean water and electricity. We have achieved gender parity in primary and secondary education.

In the state of the nation address the President said:

We are building a performance-oriented state, by improving planning as well as performance monitoring and evaluation. We also need to integrate gender equity measures into the government’s programme of action. This action will ensure that women, children and persons with disabilities can access developmental opportunities.

It is for this reason that a women’s Ministry was established, a very senior Ministry located in the Presidency, whose powers and functions include policy and legislation, planning, co-ordination and advocacy in areas such as poverty, which is a cross-cutting issue.

This Ministry must be able to work closely with the Ministries of planning, monitoring and evaluation. It must exercise its authority in ensuring that gender policies take shape in all departments without any hindrance. The budget must also be gender-orientated to enable departments to implement their programmes.

Speaker, regarding economic empowerment, gender roles led to women’s role in the domestic sphere, as mothers and nurturers, being seen as of lesser importance in value than the tasks of men. Women are said to be natural nurturers and domestic labourers, while men are perceived to be natural leaders and decision-makers. These roles are reinforced at home, school and through the media, thus restricting women’s self-perceptions, disempowering their social and economic potential and limiting the possibilities for their future.

This has been further compounded by the system of patriarchy and its imposition of male domination. In our history, the women of our country have experienced various forms of gender oppression in both rural and urban areas, in both traditional and modern contexts. Some argue that the violence against women is an extreme form of reinforcing patriarchal control of women.

Thus when we speak about economic empowerment of women and gender equality, it is from the starting point that the struggle of women for emancipation is linked to the dismantling of all systems that attempt to oppress them. South Africa thus will not be fully free as long as women are not free.

It is abundantly clear on the African continent that women are largely responsible for sustaining families through subsistence farming. According to the US Agency for International Development, rural women are responsible for half the world’s food production and produce between 60% and 80% of the food in most developing countries. Thus women are key to agricultural development.

The UN Economic Commission for Africa has also pointed to the need for diversification in agriculture and pointed out that the agricultural sector could be the main contributor to poverty reduction. It is also important to state that women’s participation must mean that women are at the helm of decisions that are made in this sector.

The 2006 UN Human Development Report also points out that: One of the greatest returns to improved access to water is in the time savings for women and girls and the expansion of their choices. Why does this matter for human development? Time is an important asset for the development of capabilities. Excessive time demands for essential labour lead to exhaustion, reduce the time available for rest and child care and limit choice – they reduce the substantive freedoms that women enjoy.

Time poverty also contributes to income poverty. It reduces the time available for participation in income generation, limits the scope for women to take advantage of market opportunities and impedes their ability to expand capabilities and skills, reduces further economic returns.

Indeed with more and more time on our side, with improvements in standards of living, women are putting their collective shoulders to the wheel in an effort to improve the performance of our economy. Their efforts are helping to create more jobs and fight poverty. [Time expired.] [Applause.]

Business suspended at 16:33 and resumed at 16:49.

                           Evening Sitting

Ms E THABETHE: Madam Deputy Speaker, the President of the Republic, His Excellency Jacob Zuma, the Deputy President, the Speaker of the National Assembly, members of the executive, Members of Parliament and guests, good evening.

We will be doing ourselves an injustice if we do not understand the historical context in which state-owned enterprises were conceived in South Africa by the apartheid government. At the time, the apartheid government gave the developmental mandate to SOEs. They were used as primary tools for industrialisation and they were an essential ingredient of government’s industrial strategy at the time.

Through SOEs, government assumed the dominant role in the key infrastructure industries like rail, air and sea transport, telecommunications, water, coal-based synthetic fuels, nuclear energy as well as iron and steel production.

The state also viewed these industries as key instruments for industrialisation, employment creation and economic development. One should not forget that the colour bar was in effect at the time: You had to be white in order to get a job in an SOE.

It is so fundamental, but it’s so surprising when we hear the Leader of the Opposition in Parliament and all the other speakers saying that SOEs are not working due to the ANC’s cadre deployment policy. But, during apartheid, I didn’t hear them saying the same thing, because these were used as tools to make sure that we were further exploited, and then …

The LEADER OF THE OPPOSITION: [Inaudible.]

Ms E THABETHE: Yes, but you never uttered a word at the time. Thanks to democracy and the ANC, you can come here and stand up and talk about all those things that you did not do during the apartheid era. [Applause.]

Mr President – through you, Deputy Speaker – over the last 16 years of ANC democratic governance, it has become clear that the primary orientation of the South African SOEs will have to fundamentally transform. An SOE orientation that is premised on a culture of profit maximisation that embraces a shareholder maximisation approach should be debunked in favour of an approach that is redistributive and developmental.

As you all know our Gini coefficient, I don’t have to lecture you on that, but the economic path of SOEs as advocated by the ANC embraces economic growth, economic development and redistribution. The RDP integrates growth, development, reconstruction and redistribution into these unified programmes that the President is spearheading.

It is in this view of the ANC that integrated economic development, as advocated in the RDP and as agreed to by all alliance partners, sees expression.

The SOEs are primary vehicles that ensure that, this time around, skills development is directed at especially the poor who never experienced such empowerment during the apartheid era. But it is also aimed at job creation and poverty alleviation. It should also be noted that the ANC is a social movement that rejects a growth path that will marginalise the poor and exacerbate inequalities.

It has always been the view of the ANC that elements of economic growth should be combined with those of economic redistribution so that we can see the economic development. It is within this context that the ANC is convinced that it is essential that we promote a new growth path and development in the economy.

Yes, we do agree that when we took over in 1994, some of the SOEs were not in good shape, but those were not ANC SOEs. They were started by the apartheid regime at that time. Some of them were on the verge of collapse, but they were revived and now some of them are working better. Don’t paint all of them with the same brush; they are different. Some of them are doing a good job. An example of this would be the SA Nuclear Energy Corporation, Necsa. It is one of the nuclear companies that provides the isotopes for everyone locally in the hospitals, and also exports them to other countries, but none of you talk about this.

You all talk only about Eskom and SAA. Why don’t you talk about those that are also doing a good job? There are a lot of utilities and agencies that are doing a good job, but you say less about those things because you are always looking for the negative. Mongameli [President], be steadfast!

Ka Sesotho rere, lelala o shebe pele, o sebetse hobane dintho tse etswang ke mokgatlo wa ANC ke tse sebeletsang setjhaba, le ba neng ba kene ka hara “apartheid” ba eja, ba ntse ba eja le kajeno. [Mahofi] Empa re tshepa hore jwalokaha ntate Lechesa a buile ha are, lepotlapotla le ja podi, lesisitheho le ja kgomo. Ho lokisa dintho tse manyofonyofo tse entsweng pele ANC e nka di “state owned enterprises” ho ka se nke dilemo tse 16. (Translation of Sesotho paragraph follows.)

[In Sesotho we say, focus and look straight ahead, do your work because the things that the ANC does are meant to provide services to our nation, even the ones who were benefiting during apartheid are still benefiting today. [Applause.] But we believe that just as Mr Lechesa has already mentioned when he says, when you do things in a rush you are bound to make mistakes but when you do things slowly you reap the rewards. To fix all the corruption that happened before the ANC took over state-owned enterprises won’t take 16 years.]

Show me in the world which country has a sound microeconomy jwaloka South Africa [like South Africa] after 16 years? Which country? Which country is that? [Applause.]

It is through ANC policies that you can talk better today. We are in recession, but were not affected like other countries were. This is thanks to the leadership of the ANC, who at the time adopted good policies. Remember that economic policies are not applied for one or two weeks; you have to take the long view. But, in doing that, you might get people who don’t agree with you. But the ANC took the right decision. Mr President, you are on the right track; don’t get distracted by people who will be talking and commenting.

O sebeditse mokgatlo wa ANC, o sebeditse o lwanetse batho, o tseba le hore na di SOE tsena re batla ho di sebedisa ka tsela e jwang hore di thuse batho. Ke ka hona ke reng lelala o shebe pele ba se ke ba nna ba o tshwara ka mona le ka mona ba re ha o sebetse, mokgatlo ona o sebeditse hle! O ntse o sebetsa ebile di ngata le tse sa ntse di tla etswa hape, le se ke la tata bea butle. Ha o tatile haholo o a tjhaisa. Ke makala hampe ha ke utlwa moo batho ba ema ba re he! he! kajeno re lokisitse, kajeno re tla lokisa, ba bang ha le e so tshware puso bophelong ba lona, ba bang le hlolehile pele. Empa le bona eka lona le tla etsa betere ha le fihla mona. (Translation of Sesotho paragraph follows.)

[The ANC has worked, it has worked and fought for the people. It also knows how it wants to use these SOEs in order for them to help the people. That is why I am saying focus and look straight ahead, they should not pull you this way and that way and say that you are not working. This organisation has really worked! It is still working and there are still more things that are to be done, so don’t rush just take it easy. If you are too much in a rush you crash. I get surprised when I see people standing up today and saying that they fixed things and today we will also fix things and some of them have never been in power, yet still some of you failed before but you think that you are going to do better when you get here.]

Transformation is easier said than done. It is easy to talk outside, but once you are there and have to do it, it is different.

E fapane, ha e tshwane feela ke a tseba hore bohle re tseba hantle hore na re tletse eng mona, [It is different, it is not the same but I know that all of us know what we came here for] “all of us must make sure and we believe that Mr President” jwalokaha o boletse le ho “interview” ya rona di sa ntsane di shejwa di “State-Owned Enterprises” hore na di ka sebetswa ka tsela e jwang [just like you mentioned in our interview, the state-owned enterprises are still being looked at in order to see how they can be utilised].

Zingenziwa kanjani ukuthi zibuyekezwe ngoba sebefuna ukwazi ngaphambili ukuthi wena uzozenza njani. Unikezwe igunya abantu baseNingizimu Afrika ukuthi uhole lelizwe futhi sebenza ngendlela elungele ijubane lakho. Ungayi ngabo bazokulahlekisa [Ihlombe.] Njengoba ubukade ushilo ngonyaka odlulile ukuthi, ngiyacaphuna: “Abantu basemakhaya nabo banelungelo lokuba nogesi, amanzi, izindlu zangasese ezigijima amanzi nemigwaqo.”

Konke lokhu uma sinama-state-owned enterprises asebenza kahle kuzaba lula. Kodwa azange kube khona i-appetite ephumayo ngalesikhathi seminyaka eyishumi eyedlule sesithola ama-outages. Ibhizisi azange ifune ukuma nombuso zihlangane ukuze sibone ukuthi i-energy siyenza njani. Bamele eceleni bagoqa izandla. Kodwa uma singena gesi bathi: hawu! Umbuso kaKhongolose awusebenzi. Khulumani nabo phela nina bochwepheshe abazi kakhulu ukuthi mababe ne-appetite bazokwazi ukuthi benze kodwa mina ngikuzwe kahle Mongameli.

Uthe ama-IPPs azawusebenza. Unikeze uNgqongqoshe wethu umama uDipuo Peters ukuthi ahole ithimba le Inter-Ministerial Committee ku-Energy. Njengoba eshilo umama uSonjica usukhokhele kahle kakhulu eCopenhagen. Hawu! Isithwathwa sisiqedile kodwa hayi! wafika kwalunga.[Uhleko.]

Wahola lama-Head of States amanye wathi indlela kwenziwa nje. Masiboneni ukuthi siyasayinda manje ukuze sibe nale-accord ukube azange ufike wenze njalo. Bebe kuphi labo abathi awenzi lutho futhi awusebenzi? Nomama uSonjica wasibeka esimeni esikhulu kakhulu. Hawu! Wazile ukubeka lapho Mongameli. Umama lo usebenze kakhulu eCopenhagen, kunzima kodwa sigcine sine-accord. Phela sikhumbule sisese yizwe elisathuthuka. Asikabi yizwe elithuthukile kepha sisebenza ngcono ngaphezu kwamazwe asethuthukile … (Translation of isiZulu paragraphs follows.)

[What can we use to review if the state-owned enterprises, SOEs, are working properly because the opposition parties now want to know about the developments before a sufficient review time. You were given authority by the people of South Africa to lead this country and to work at your own pace. Do not listen to them; they will lead you astray. [Applause.] As you said last year, and I quote: “The people from the rural areas also have the right to electricity, water, flush toilets and roads.”

If we have properly functioning state-owned enterprises all this will be easy. But no one was eager about this, even in the past decade, until we had problems with load shedding. Business owners did not want to work with the state in order to come up with ways of dealing with the energy problem, but they stood aside with their arms folded. And then when we did not have energy they said: Hey! The ANC government does not deliver. Scientists with vast knowledge must talk to them so that they may be willing to work; I for one heard the President clearly.

The President said the IPPs will deliver. The President gave leadership of the Inter-Ministerial Committee on Energy to the Minister, Ms Dipuo Peters. As hon Sonjica said, you led very well at Copenhagen. Hey! The frost almost killed us! But you came and it is all right now! [Laughter.]

You led the heads of state, and showed them the ropes. You advised that the states should amalgamate in signing in order to have an accord; if you did not come and do that, where would the people who say you are doing nothing and you do not deliver be? Hon Sonjica raised our bar. That was a good move Mr President. She worked very hard in Copenhagen; it was really hard but we reached the accord at last. We must remember that we are still a developing state. We are not a developed state yet but we are working better than other developed states …]

… because of the ANC policies and nothing else.[Applause.] Fundamental to the task of the SOEs, is assisting in fostering economic … [Interjections.]

I was listening to you. Thula! Shut up!

Fundamental to the task of the SOEs is their assistance in fostering economic growth and development that wholly transforms the economy. It is based on promoting productive, income-generating economic activities, and it also has to ensure that growth has the resultant effect on the economy in its entirety, not an exclusive economy and an inclusive economy.

We hope that the economic configuration will provide conditions that encourage them to enter strategic industries. With the leadership of the ANC policies we are going to attain …

Mrs J F TERBLANCHE: Madam Deputy Speaker, I rise on a point of order.

The DEPUTY SPEAKER: There’s a point of order.

Mrs J F TERBLANCHE: I want to know whether it is parliamentary to say “shut up” to members in the House. [Interjections.]

The DEPUTY SPEAKER: Hon member, did you say “shut up” to a particular person?

Ms E THABETHE: Madam Deputy Speaker, I started by saying “thula” then “shut up”. I said, “Thula!” “Shut up!” It is what I said. I withdraw, Madam Speaker.

The DEPUTY SPEAKER: Please continue. [Interjections.]

Ms E THABETHE: Behave what?

The DEPUTY SPEAKER: Order! Hon members, please behave honourably. When the speaker has the floor don’t interrupt to the extent that the speaker has to say “thula”, please. [Applause.]

Ms E THABETHE: Thank you, Madam Deputy Speaker. I don’t think that I am to be taught how to behave because she keeps on saying, “Behave, behave!” You must not heckle that way; you must talk nicely, like a lady MP. Don’t say, ”Behave!” Please, I am not here to be taught how to behave by you.

This is a debate and you must debate. This is an activist Parliament and you must debate as such and be robust. Please don’t feel the corns badly, take it easy.

In closing, Deputy Speaker, it is the ANC’s opinion that we will make the SOEs work. The President and the national executive committee has a plan on how we will deal with it. There is no major crisis. People are presenting it as a major crisis. There is no major crisis; there’s a plan and you should wait until the plan is unveiled by the Presidency. We will make the SOEs work for the betterment of the majority of the people, not only the few.

I believe in slogans. I am sorry if the leader of the DA in Parliament doesn’t believe in the slogan which says, “The people shall govern”. The people are governing now. At the time we said that, we were led by a white minority, but today the people are governing. I believe that working together we can do more. [Interjections.] [Applause.]

Don’t think that slogans are empty. If you think those slogans are empty, I strongly believe it is because you never, in your life, realised that today you’d be led by a black President. Never! You thought it would be a white minority leading forever, but working together we can do more. We will accelerate and we will make SOEs work better. I thank you. [Applause.]

Mr M E GEORGE: Hon Deputy Speaker, Mr President, Mr Deputy President, members of government and hon colleagues, it is indeed refreshing and exciting to remember the role played by one of our stalwarts in ensuring that today we can all stand here, in this Chamber, enjoying the fruits of his work.

In this regard Cope wants to extend a word of gratitude to the ruling party for dedicating the state of the nation address to former President Nelson Mandela. It is indeed befitting if we think of his contribution to the achievement of democracy in our lifetime.

Twenty years ago South Africa was full of enthusiasm, with hope for a better life. However, it is regrettable that, as we celebrate one of the most important moments in the struggle for freedom, the enthusiasm we once had is no longer there. It is further regrettable that the current President of the Republic has betrayed and continues to betray the hopes of the people of South Africa.

Former President Mandela was not only the embodiment of integrity, but also struggled so that all leaders must strive and lead with integrity. The recent events affecting the President of the Republic are the direct opposite of what former President Mandela struggled for. Cope’s decision not to vote for the current President of the Republic when this House voted nine months ago is vindicated. [Interjections.]

Former President Mandela was an architect and champion of women’s emancipation and respect. Our President does not seem to agree with this important political position. In fact, it looks as if he has made it his responsibility to contradict this important principle. Our President pretends to emulate former President Mandela and yet he continues to contradict him. Former President Mandela never bought votes with food parcels and empty, unrealistic promises. [Interjections.] [Applause.] He did not do this, because at all times he maintained his integrity.

When required by the laws of this country, former President Mandela complied and subjected himself to the rule of law through our courts, and yet the current President went through every trick available to present himself as someone above the law. [Laughter.]

South Africa yearns for leadership and under the current President this is nowhere to be found.

The MINISTER OF SCIENCE AND TECHNOLOGY: Madam Deputy Speaker, on a point of order: I understand the hon member earlier indicated robust debate. However, the hon member is making unsubstantiated allegations against the President and I believe he is actually infringing Rule 99 of the Rules of the National Assembly. [Interjections.]

The DEPUTY SPEAKER: Hon member … [Interjections.] We must have robust debate, but that debate must be general. The President, when he is in this House, is protected, like any other member. You cannot directly accuse him; general debate, yes, but I am asking you to refrain from accusing the President, please. [Interjections.]

Mr M E GEORGE: Thank you very much.

Mrs J D KILIAN: Hon Deputy Speaker, on a point of order: Rule 99 is not the applicable Rule. Hon Minister Pandor certainly quoted the wrong rule. Secondly, I want to make the point that the hon member has freedom of speech in this House. Thank you. [Applause.]

The CHIEF WHIP OF THE OPPOSITION: Madam Deputy Speaker …

The DEPUTY SPEAKER: Is that on the same issue?

The CHIEF WHIP OF THE OPPOSITION: On the same issue. Madam Deputy Speaker, I would just like to read Rule 99:

A member may give notice of a motion on behalf of an absent member, provided he or she has been authorised to do so by the absent member.

The DEPUTY SPEAKER: Hon members …

The MINISTER OF SCIENCE AND TECHNOLOGY: I can reply. The hon member is probably correct that I have cited the wrong Rule. [Interjections.] Hold on a moment. Unfortunately for the hon members who cannot listen to others …

Mr M J ELLIS: Madam Deputy Speaker …

The DEPUTY SPEAKER: There is a member on the floor. [Interjections.]

The MINISTER OF SCIENCE AND TECHNOLOGY: They know they are in trouble, Madam Deputy Speaker, so they cannot allow me to speak. [Interjections.] No member of the House can make an allegation impugning the integrity of any person who may be removed by virtue of a vote of this House. That is in the Rules. Find it – that is the Rule I am referring to. [Interjections.] You well know that.

Mr M J ELLIS: Madam Deputy Speaker, on a point of order: May I ask, Madam Deputy Speaker, that the next time I stand up on a point of order and you rule me out of order, would you please give me the opportunity to explain to you in exactly the same way that you have given the hon Pandor the opportunity to explain?

The DEPUTY SPEAKER: I will do that if you need that. But hon members, I have ruled on this matter. Continue, hon George.

Mr M E GEORGE: Thank you very much, Madam Deputy Speaker. It is very clear from the state of the nation address that with President Zuma at the helm the people of South Africa are leaderless. It is very unfortunate that this happened when we celebrated former President Mandela’s legacy. Former President Mandela was a custodian of high moral values and set a very good example as the head of the Republic.

The MINISTER OF DEFENCE AND MILITARY VETERANS: Hon Speaker, on a point of order: Is the hon member perhaps talking about defence when he says that the country was leaderless? [Laughter.]

The DEPUTY SPEAKER: Continue, hon George.

Mr M E GEORGE: It is very disturbing that the state of the nation address is extremely quiet about this important leadership quality. It appears that the nation is being deliberately led to lawlessness, with absolutely no morals and respect for its people.

The first nine months of the current government under President Zuma has been characterised by despondency, in-fighting in government, poor people becoming poorer …

Mr C T FROLICK: Madam Deputy Speaker, the hon member has just referred to a deliberate action by the hon President of the Republic, and that is an infringement of Rule 63 and Rule 66. Can you rule on that, please? [Interjections.] The DEPUTY SPEAKER: Order!

An HON MEMBER: Hon Deputy Speaker, I was wondering, when Mr Muleleki George was speaking about morals, can he tell us what happened to the 4x4s? [Interjections.]

The DEPUTY SPEAKER: Hon George?

Mr M E GEORGE: The President appears to be an absent leader. This, Mr President, cannot be allowed to continue forever.

Mr C T FROLICK: Madam Deputy Speaker, I raised a point of order in line with Rule 63 and Rule 66 of the Rules of the National Assembly, where the hon member reflected on deliberate action from the President to lead people to lawlessness, and I respectfully request you to ask the hon member to withdraw the statement. [Interjections.]

Mr M J ELLIS: Madam Deputy Speaker, on a point of order: Mr Frolick is 100% wrong. As Members of Parliament we are entitled to freedom of speech. [Interjections.] We certainly can reflect on the behaviour and actions of individual members. The ANC does it to us all the time. And Mr Frolick is jumping up and down about nothing. We have every right in this debate to take on the President of this country. [Applause.]

Mr C T FROLICK: Madam Deputy Speaker, for the sake of Mr Ellis, it is “the hon member Frolick”. But it is quite clear, Madam Deputy Speaker, in terms of interpreting Rule 63 and Rule 66, that the member mentioned deliberate action on the part of the President, and that is unparliamentary. It requires a substantive motion to justify what the hon member has said. [Interjections.]

The DEPUTY SPEAKER: Order! Can we allow the hon George to continue? [Interjections.] Order! If all of us were to stick to the Rules of this House, we would not have the disruption that we are having. Hon Frolick, I will check that and come back with a ruling.

Mr M E GEORGE: Hon Deputy Speaker, we call on the President and his government to prevail in the so-called nationalisation of mines. We know, as everyone else does, that this call is not an innocent one, but is meant to benefit a tiny, privileged group within the ruling party.

The name of former President Mandela must not be used for mischievous intentions, and the President of the Republic has a responsibility to provide leadership on these matters. Mr President, when some in the alliance attack Ministers, please prevail in this regard. We regret that this was deliberately left out of the state of the nation address.

The nation cannot afford to spend another day discussing the so-called private lives and uncontrollable desires of individuals. Thank you. [Interjections.] [Applause.]

Mr M WATERS: Hon Deputy Speaker, Mr President, HIV/Aids is still of pandemic proportions in South Africa.

In 2009 the DA welcomed the apparent u-turn by our government on HIV/Aids, on the occasion of World Aids Day. The government, we thought, had finally acknowledged the reality of Aids and recognised that this was indeed a crisis that was destroying lives and which had consequences for every South African.

The age of denialism, which had lasted for a decade, was over, we thought. Examples from across Africa showed that when there was political leadership leading the charge against HIV/Aids, it did have a positive effect in reducing new infections.

However, Mr President, you certainly do not practise what you expect the rest of us to do. You do not consider yourself bound by the norms of safe sex that you spoke of in December last year on World Aids Day, some 10 weeks ago. To remind you, I would like to quote a few lines. You said:

Each individual must take responsibility for protection against HIV … We can eliminate the scourge of HIV if all South Africans take responsibility for their actions.

The DA believes in personal responsibility, as it will only be through the changing of the sexual habits of each individual that we will be able to combat this scourge.

Mr President, the fact is that your actions have set us back at least a decade in the fight against HIV/Aids. The response of millions and millions of young, impressionable people will be: “If the President can do it, so can I.”

This attitude undermines the entire message of the government’s HIV/Aids programme and all the good work the Minister of Health spoke about here today when he said that his department was working night and day to be prepared to achieve the targets you set for them 10 weeks ago. You have undermined all that hard work.

You, Mr President, set the tone for the rest of the nation. You need to answer the question: Do you believe in what you said 10 weeks ago? The ANC tolerated a president in denial for a decade. We cannot tolerate another.

Deputy Speaker, another grave concern for the DA is the ever-increasing overspending by the provinces. Gauteng is R1,8 billion overdrawn and cannot pay contractors. KwaZulu-Natal is at least R2,3 billion overdrawn and technically cannot pay salaries in February; and the Eastern Cape is overdrawn to the tune of at least R1,6 billion.

The main reasons for this financial crisis are the systemic underfunding of the nurses’ and doctors’ occupation-specific dispensation by national government; the R7 billion overspent by provinces in 2008-09; deferred expenses from that year to the current year; and underbudgeting for the Aids programme of around R1 billion.

In the last financial year, the ANC-led Free State province, unconstitutionally and unilaterally, cut health services and stopped the dispensing of life-saving antiretroviral medication for a month due to this financial crisis. An additional 30 people a day died during that period. Where is the accountability, Mr President?

Deputy Speaker, the management of hospitals needs urgent attention. Sixty- two per cent of hospital CEOs do not have a management degree or diploma. Two and a half years after Frere Hospital’s horrific baby deaths the same unqualified hospital manager, who was previously an ANC councillor, remains in charge. Where is the accountability, Mr President?

Without addressing these fundamental problems, this government is about to embark on the new system of the national health insurance, which is so expensive that a report published in today’s papers suggests it will cost 60% of our total national budget.

What we need to do is to get the basics right, and I am pleased to hear that after six years of waiting, we are now going to have an office of standards compliance, which the Minister announced today. Thank you, Minister, but if you continue to keep employing unqualified and unfit people in positions as managers of hospitals it won’t make any difference.

Doctors and nurses are struggling under impossible burdens because of enormous vacancy rates. We have 12 000 vacancies for doctors and 46 000 for nurses, at least, and all this is because we are not training enough new health professionals. Yet we have no meaningful plan for human resources development, and we are producing the same number of doctors today as we did 15 years ago. You, Mr President, and the Minister failed to stipulate how the human resources crisis in health care would be addressed.

Lastly, Deputy Speaker, another issue that affects health is good, clean water. Without good water we cannot have good health. Only 32 of South Africa’s approximately 970 wastewater treatment works – that is, 3% - comply with requirements for safe discharge.

While wastewater treatment works are operated by local government, the national department needs to take strong action against municipalities that continually fail to address problems at so many of these plants. I thank you. [Applause.]

Moh M T KUBAYI: Motlatšasepikara, mohlomphegi Mopresidente wa Afrika Borwa, Maloko a Palamente, ke a le dumediša ka moka.

Setšhaba ka bophara se leboga Mopresidente ka polelo ya gagwe yeo e bego e hlakile ebile e kwagala e laetša gore maphelo a batho ba bantši a tla tšwela pele go ba a makaone ka fase ga mmušo wa ANC. Setšhaba se tshepa gape gore hlogo ya naga ya rena, e lego Mopresidente wa rena Jacob Zuma, ke Mopresidente yo a kgonago go re swara bjalo ka setšhaba le go re iša bophelong bjo bokaone.

Re sa dutše re na le mafolofolo le tshepo ya gore ka nnete maphelo a rena a tla ba a makaone le ka moso. Mohlomphegi George, rena re le baswa bao ba latelago ANC re tshepa gore re tla sepela ka dinako ka moka re tshepile gore ANC e tla re fa bokamoso bjo bo kaone. (Translation of Sepedi paragraphs follows.)

[Mrs M T KUBAYI: Hon Deputy Speaker, hon President of South Africa, hon Members of Parliament, I greet you all.

The nation extends a word of gratitude to the President for his state of the nation address, which clearly indicates that people’s lives will improve continuously under the ANC-led government. The nation also believes that our head of state, President Jacob Zuma, is able to unify and lead us to a better life for all.

We are still enthusiastic and hopeful that indeed our lives will be better in the near future. Hon George, as the ANC youth we believe that at all times we will put our trust in the ANC for a better future.]

It is important to take a historic look at where we come from as South Africa, and at the past injustices of the apartheid government and the extent to which it went to provide services to the people. The minority in this country got services and infrastructure, while the majority of black people are left without tar roads even today.

I grew up in Soweto where we used to say, “We come from the dusty streets of Soweto.” It was not by choice, but because the services were not given to us; the infrastructure was not there. Today, thanks to the ANC government, all the streets in Soweto are tarred. [Applause.]

After our democratic elections in 1994, the ANC took over government with infrastructure that was old, having been in existence for over three decades without being upgraded, and in other areas there was nothing at all.

When we took over as government, the ANC understood the challenges that it was faced with. It understood that infrastructure development is important to improve the lives of South Africans. Yes, the ANC government was aware of the challenges and geared itself to meet them and improve the lives of ordinary South Africans.

The situation had to be turned around to ensure that equality can be experienced, even in the context of services provided to our people. And yes, we heard last week Thursday of the commitment of the President, as he told all of us that this is the year of action, but all of us must be geared to work.

The ANC’s 52nd conference called for the rolling out of state-led infrastructure investment programmes and the promotion of strategic investments in productive activities. The aim of this would be to diversify the economy and build towards an overall investment in a GDP ratio of 25%. Critical in the development of policy drivers is the massive infrastructure investment strategy. This strategy places the state at the centre of investment and development of infrastructure.

While private sector investment remains critical, targeted public investment is the only way to create a better life for all our people and to stimulate the economy. Public sector investment must result in accelerated growth, investment and improvement in productivity capacity within the country.

Further, it must facilitate rural development and agrarian reform, integrate the economy and foster equitable redistribution of wealth whilst continuing to expand the public works programme through the promotion of labour-intensive production methods.

Infrastructure investment for hosting the 2010 Fifa World Cup has also given the South African government an opportunity to speed up service delivery through upgrading development of the new roads that we have seen; improvement of the transport system with the introduction of other modes such as the Bus Rapid Transit, BRT; upgrading of our airports; the improvement of our railway network; building and improvement of stadia and other sports facilities; the improvement and the upgrading of the hospital sector; the revitalisation of hospitality and ICT infrastructure; the improvement of our borders for access into our country; and access to water, electricity and sanitation within a 20 km radius of the stadia.

The government of the ANC understood, when it signed the agreements and the guarantees with Fifa, that it was not only about delivering the World Cup, but also an opportunity to provide services to the people of South Africa. Therefore, there is an understanding that the infrastructure is not only going to be for 2010, but will remain as a legacy for the South African people beyond the World Cup.

Much has been achieved and more still needs to be done. There is still a need to ensure that the lives of our people in remote areas can be improved. And we also need to ensure that the people within the remote areas also get access to water, electricity and sanitation. I wish to mention the woman who was bitten by a crocodile in KwaZulu-Natal, in the Tugela River. That woman believes in the ANC and that it can provide a better life for her; and yes, through the year of action, this shall be achieved.

The role of infrastructure in improving the livelihoods of women can’t be disputed, as the time that is spent trying to fetch water from rivers and wood to make fire reduces the ability to become active participants in the economy.

It is even more important that we don’t deliver services that are substandard, that degrade people such as has been provided by the DA in the Western Cape - the toilets that only have a roof and nothing else. That is surely not suitable for our people; that can’t be acceptable. All these men and women, young and old, are looking to the ANC to change their lives.

Understanding that His Excellency committed R846 billion for improving infrastructure over the next three years, this allocation should assist us in meeting the Millennium Development Goals. It can’t be disputed that the major part of social infrastructure development happens at municipal level.

Therefore it is important to ensure that the Municipal Infrastructure Grant, MIG, funding is given more attention during this term of office, so that money allocated for infrastructure does not end up providing infrastructure for which the funds were not allocated. It is encouraging to hear government’s commitment to improving capacity in municipalities to meet the demands that are there.

The majority of young people in this country are still unemployed and without skills. Therefore, there is a need to ensure that as part of the investment that government makes in South Africa we use and develop local skills. We need to ensure that we don’t import skills to work on this infrastructure development, but that we further recommit ourselves to the development of artisan and engineering skills, which should be absorbed during construction.

In conclusion, there is a need to review the Development Finance Institution, DFI, so that support for government infrastructure development is adequate. The institution, among other things, must provide cheap and competitive rates for agri-business and the construction industry, especially those doing business in providing public infrastructure. I think it is important to remember, hon member George, that as you honour the memory of our former President, Nelson Rholihlahla Mandela, you’ve betrayed that cause yourself. [Applause.] You betrayed his memory and his honour. Therefore, I find it very strange for you to stand here and want to claim to be a part of that. You will know soon.

When you think about Comrade Nelson Mandela, you’ll understand his loyalty and commitment to the ANC and to this government, hence the President’s honouring him in this regard. This is because he belongs to the ANC and nowhere else. You don’t have old people, acknowledge that. You can’t be born on December 16 and think that you can have senior citizens in your organisation; they don’t exist in Cope! Thank you. [Applause.]

Mr N T GODI: Speaker, comrades and hon members, Comrade President, the APC joins the House in congratulating you on the state of the nation address.

Our Constitution enjoins us, amongst other things, to honour those who fought and suffered for freedom and justice in our country. This is meant to ensure that future generations do not forget the enormous sacrifices that their forbears had to make for the freedom that they enjoy. It is, therefore, correct and fitting for us, on this occasion, to focus on the release of former President Mandela 20 years ago, for this represented the victory of the liberation. It is thus equally fitting that we should remember that in this same month, 20 years ago, the liberation movement unbanned itself through the hand of Mr F W de Klerk. We also want to honour the memory of Robert Sobukwe, that great patriot and outstanding leader of our struggle, who passed away in February 1978.

As we evoke the memory of our leaders today, we are challenged to reaffirm our commitment to the vision and the values they represented. We are challenged to assess whether we, today, still represent a continuum in thought and in action and whether we, the leadership crop of today, can live up to Sobukwe’s dictum on leadership. I quote:

True leadership demands complete subjugation of self, honesty, integrity, uprightness of character, fearlessness and courage and above all a consuming love for one’s people.

Amilcar Cabral, the outstanding revolutionary, teaches us that in fighting for freedom, the people are fighting for an improvement in their lives and not for ideas or things in anyone’s head. This means that our freedom must have material meaning in the lives of our people.

The APC believes that for this to happen, the state has a decisive and central role to play. But for the state to do so, it must have the requisite capacity and correct orientation. As things stand, the APC believes that there is a serious challenge for leadership. We need competent and farsighted leadership, both politically and administratively.

Whilst we welcome the performance management system that the President has announced, the APC believes that much more needs to change in the state of public administration to deliver timeous and quality services to our people.

We believe that senior leaders in the departments must be permanent and professional employees. The current arrangement of short-term contracts leads to a lack of continuity and instability. We have a number of departmental heads in acting capacities. This cannot be helpful as it leads to a lot of indiscipline and noncompliance with legislation, especially on financial matters.

Is it surprising that disciplinary cases and cases of financial misconduct are not dealt with firmly, decisively and swiftly? Is it surprising that financial disclosures, which are under the supervision of Ministers, are not adhered to fully, despite the fact that our disclosure requirements are in need of urgent amendment to make them more comprehensive?

The Minister of Finance will be presenting his budget allocation for departments soon. In the absence of proper leadership and with weak controls, should we not be worried about how these resources will be managed? Twelve months down the line, departments will not be able to properly account for the use of these resources.

We need competent and patriotic administrative cadres who are committed to serving the public and are infused with a sense of national consciousness, pride and national goals.

The APC believes that, as part of the measures to enhance the fight against graft, there is now a need to look at establishing, via a legislative or enabling mechanism, the relationship between parliamentary oversight bodies and law enforcement agencies. As things stand, corrupt officials are let off the hook because managers in departments have little appetite to correct ill-discipline.

A number of state-owned enterprises, SOEs, have been in the news for all the wrong reasons. A perception has taken root that they are badly managed and need perpetual bailouts by the state.

The APC takes the view that SOEs must be properly aligned to the developmental goals of the state and that people in leadership positions must have national consciousness, pride and national goals. We think the state can do more to provide decisive leadership and guide them in the direction of progress.

It is our conviction that our people need alternatives for their livelihood and self-reliance - as an antidote to handouts - through entrepreneurship and microenterprise development. This has been proven to be effective in all developing countries, especially for women empowerment and rural development. Our people need to be enabled to do and think for themselves and not be dependent or degenerate into declassed elements.

As we celebrate two decades of freedom, let’s take cognisance of the fact that values and practices that are totally inconsistent with the lives and ideas of Mandela, Sobukwe and Steve Biko, have taken root in our society and threaten to devalue the glorious liberation we achieved at a great and costly price. This is the cancer of corruption.

Unless government summons up the requisite courage and stamina to fight this scourge, we will not succeed in our developmental goals. The challenge as seen by the APC is not the absence of legislation, but its implementation within government. Many cases of corruption are not acted upon by the officers responsible within departments. Is it a case of their being compromised? We cannot resist concluding that.

The APC reiterates its call for African unity, for only in unity can our continent and people be lifted from the margins of world politics and underdevelopment. We agree with the new chairperson of the African Union, His Excellency President Bingu wa Mutharika, that the basis of Pan- Africanism is still relevant today.

In the same tone of celebration, let us not forget the plight of the oppressed Palestinians who, like us, are fighting for freedom and, like every human being, deserve their freedom. We salute them for their unwavering stand against an overwhelming combination of forces. Our country and our government must stand shoulder to shoulder with the Palestinians and condemn the brutality, the humiliation, the killings and imprisonment visited upon them daily. Thank you. [Time expired.] [Applause.]

Mr M H HOOSEN: Hon Speaker, in his last state of the nation address in this House, former President Nelson Mandela said, and I quote:

The public is justified in demanding better service, more respect and greater concern for their needs rather than self-aggrandisement.

It comes as no surprise, therefore, that the general response to this year’s address has been as disappointing as the occasion itself, as it failed to inspire a nation desperate and impatient for the promise of a better life for all.

The ID is disappointed that the President did not find the time to provide some semblance of hope to the millions of South Africans who are steadily losing faith in our ability to provide decent health care, yet he found the time to thank Dr Irvin Khoza for his contributions to soccer! [Laughter.]

There are still people dying in Mpumalanga because hospitals do not have essential medicines in stock. The central pharmaceutical depot in Mthatha in the Eastern Cape, which should provide life-saving medicine to hospitals and clinics in the region, does not even have a pharmacist.

Meanwhile, overspending has become the norm in almost all provincial health departments. Clinics in the Free State have had their electricity cut off for nonpayment. The shortage of doctors and general health care workers has reached epidemic proportions in the North West and KwaZulu-Natal.

In addition, more than half of the people who need ARVs in Limpopo don’t have access to them because of a chronic shortage of funds. To top this all off, a culture of poor planning, mismanagement, incompetence and corruption has permeated our public health care system.

It is now time to finally prioritise the filling of all vacancies and to adequately fund the public health care sector. This government must find creative ways of channelling some of the resources of the private sector into public health care and we must ensure that the administrations at all our hospitals are held accountable to the highest standards.

Over the past 15 years we have spent more on education than most other developing nations in the world and the ID believes we still do not have enough to show for it. We remain concerned about the massive inequalities in education, which have once again emerged in the recent matric results, where schools in wealthier areas have yet again fared better than those in poor areas.

Mr President, we have lost our sense of urgency. The previous President stood on this very podium in 2005 and promised that within two years every school will have electricity, water and sanitation and that no child would be taught under a tree or in a mud hut.

Two years later, there is no more talk about this promise. Six months after 61 schools were destroyed in the Eastern Cape, children from rural communities are still being taught under trees in the searing heat. There are still schools in our country, 15 years after democracy, which do not have basic facilities such as toilets and libraries.

This is the real state of the nation. As we stand here today on the verge of destroying the dreams and the legacy of our former President Nelson Mandela, I am reminded of the words of the journalist Amanda Ngudle, when she wrote: Perhaps what has diminished the Mandela legacy is that while he planted the seeds, his successors didn’t water the trees.

I thank you. [Applause.]

Mr N M KGANYAGO: Speaker, the President, Deputy President and hon members, I would like to devote my time to the question of education and skills acquisition. I believe that we are in agreement that education is the key to uplifting the millions of disadvantaged people in this country.

We also need to say unequivocally that failure to address the shortcomings in education is tantamount to condemning the entire new generation to continued poverty. So when we speak about improving education, we are not merely talking about the benefits of action, but also about the terrible consequences of inaction. Right now, we have several million young people in this country who are unemployed and deeply frustrated by the failure of the education system to prepare them properly for further study or finding employment.

Whilst we welcome the measures you have announced with regard to improving basic literacy and assessing every school, these are ad hoc interventions. What the UDM has advocated and still advocates - and we would plead with you to urgently adopt it as government policy - is the reintroduction of school inspectors who on a regular basis will visit and assess performance in schools. That is the best way to ensure that teachers and pupils maintain discipline and focus on schooling.

Another major benefit of school inspectors would be to identify and continually track improvements at schools that are in desperate need of basic facilities, such as running water and weatherproof classrooms.

We get the distinct impression that currently the Department of Education is not completely aware of where the neediest schools are, neither is anybody in government tracking whether these schools are benefitting from the funding that is set aside to assist them.

The UDM is concerned that this government is failing to acknowledge that there is a serious disparity between what is being taught at our schools and FET institutions, and what is required for further study or employment.

The outcomes-based education policy has only exacerbated the problem. Universities and employers in general report that matriculants and college leavers simply do not possess the most basic skills.

This is the core of our unemployment crisis. This is why even in a growing economy more jobs are not created: because there are not enough people who have the skills to make such jobs viable. We are particularly concerned about the relegation of career guidance to a subtopic in the so-called Life Skills subject at school level. I think the Deputy Minister of Economic Development has said a lot about this and I want to thank her for that.

Is it any wonder that our children are ill—prepared for the rigours of further study or the workplace? If you don’t know where you are going, any road will take you there.

As you can see, what we are suggesting are simple measures. This is because we fervently believe that a return to the basics is what will produce the best results. It is not necessary to complicate matters. Teachers must work, children must learn, inspectors must evaluate, assess and provide guidance. [Time expired.] I thank you.

Mr K M ZONDI: Speaker, since this year’s state of the nation address, in the main, celebrated the momentous occasion in the history of this nation – the release from prison of our iconic former President Nelson Mandela 20 years ago – it was inevitable, fitting and proper to also reflect on former President Mandela’s legacy of reconciliation and peace, which he bequeathed to present and future generations of South Africans, twenty years on.

It is, however, most tragic that real and true reconciliation has eluded us in this country for various reasons. This country needs reconciliation, perhaps more urgently than most of us realise, to enable us to build on the solid foundation of our achievements of yesteryear.

This reconciliation, which has eluded us for two decades after the cessation of conflicts of the past, does not only need to take place between white and black South Africans, but also between and among black South Africans, and indeed between and among various political organisations that operate in this country.

Reconciliation is not something we can afford to brush aside or postpone to some unknown moment in the future; it is an imperative for the very survival of our nation. It is the very cornerstone of true nation-building that should be pursued in order to guarantee lasting peace for ourselves, our children and generations to come.

It is for these reasons that we call on the Presidency of our country, as an institution, and on you Mr President, as a person, to be an embodiment of the values enunciated by such an icon of our struggle as former President Nelson Mandela was. In particular, we call upon you, Mr President, to take decisive initiatives to save and extend the legacy of former President Nelson Mandela who demonstrated in word and deed that reconciliation and peace were firm foundations upon which to build this nation.

We mean bold and honest initiatives which go beyond mere public relations exercises pursued for political expediency and cheap political propaganda, driven by the temporal need to only do that which helps one score political points over one’s adversaries.

It is for that reason that we read with horror that an ANC-controlled eThekwini Municipality, which commissioned the erection of a sculpture of three elephants, has now, after squandering millions of rand of taxpayers’ and ratepayers’ funds, buckled under pressure from those in the ANC who now think it was not politically correct to have commissioned such a sculpture. They think it will bolster the image of the hated IFP whose logo features three elephants!

While we have a very profound appreciation for the boldness with which you, Mr President, gave rare recognition to the positive role played by people such as the late Mrs Helen Suzman and Prince Mangosuthu Buthelezi, in particular, we are concerned at the failure of the ANC, of which you are president, to rein in the president of the ANC Youth League, Mr Julius Malema, who poured scorn on the positive role of former President De Klerk in getting Mr Mandela released, while castigating the IFP in very derogatory terms.

Mr President, Mr Malema is bad news for reconciliation in this country and he is bad news for the survival of the legacy of reconciliation and peace pursued by former President Nelson Mandela.

What is even more disturbing is the tacit approval and the encouragement that he receives from some senior leaders of the ANC, including you, Mr President. The office that you occupy does not belong to you personally. It is not your private property or that of the ANC; it actually belongs to all the people of South Africa. Therefore, we urge you to use it for the common good of all the people of South Africa – those who voted for the ANC and those who did not.

The ANC may have won election after election since the advent of our democratic dispensation in 1994. It might perhaps continue to do so in the foreseeable future, but that does not mean that the ANC has the monopoly on the wisdom of all that needs to be done in this country to achieve the very nice-sounding intentions and goals that the government has set for itself.

It will need the inputs of all people of goodwill from across the political spectrum represented in this House to make the necessary headway. The people of South Africa look up to the leadership of the country – which sits in this very House – for answers to their daily problems. We cannot fail them and we dare not fail them.

Mr President, you have committed your government to halving the loss of water from leaking pipes by the year 2014. Mr President, as someone who hails from KwaZulu-Natal, you know as much I do that the water of uThukela River literally runs a stone’s throw from your home into the Indian Ocean. It leaves behind thousands of drought-stricken and destitute people in rural villages who cannot benefit from water, through no fault of their own. Is there nothing that can be done to change this?

Moreover, the Jozini Dam, which is in uMkhanyakude District Municipality, for reasons we suspect are political, does not benefit the majority of the people of Ingwavuma, oBonjeni and the entire uMkhanyakude District. Yet, when it is full, water is released, destroying even the people’s gardens. This must change Mr President, if we want to save the legacy of reconciliation in this country.

Mhlonishwa Mongameli, ngiyethemba ukuthi asibakhohlisi abantu basemakhaya ngokuba sisho okuningi okuhle kule Ndlu, ngezidingo zabo zentuthuko kepha sibe singaqondile ukukulandela ngezenzo ezibonakalayo ukuze basizakale impela. Umuntu uze asole ukuthi hleze kushiwo izinto ezinhle lapha ukuze basivotele nje kuphela kepha singezukwenza lutho oluphathekayo ukuhlangabezana nezidingo zabo zansuku zonke. Ngiyabonga. [Ihlombe.] (Translation of isiZulu paragraph follows.)

[Hon President, I hope we are not deceiving people in the rural areas by saying all the good things in this House, regarding their developmental needs, whereas we are not prepared to act on that so that they can really be helped. One might suspect that good things are being said so that they can vote for us only and that it does not have anything to do with meeting their daily needs. I thank you. [Applause.]]

The MINISTER OF TRADE AND INDUSTRY: Mr Speaker, Mr President, Deputy President and hon members, in the state of the nation address on Thursday evening the President reminded us that we were meeting against the backdrop of a severe global economic crisis.

This is a crisis that is not of our making. It had its origin in the bursting of the financial bubble in the developed world – a bubble caused by a proliferation of speculative activity, fuelled by a hands-off approach by regulatory authorities who were mesmerised by narrow, free-market, fundamentalist ideologies.

We, in South Africa, were largely spared the systemic financial sector implosion some other countries went through. This was largely thanks to a combination of prudent financial regulations; the National Credit Act, which limited reckless lending; and the maintenance of exchange controls, which limited potential exposure of pension funds or municipal accounts to the kind of unsafe investments in derivatives that a number of their counterparts elsewhere had made, with disastrous consequences.

We were not, however, able to escape the second-order, real economy, effects of what soon became a global economic crisis. The current crisis is sometimes referred to by commentators as the Great Recession. This term draws attention to the fact that the world has been through the biggest crash since the Great Depression of the 1930s and came perilously close at critical moments to lurching into a depression no less severe than that of the 1930s.

It has also been a crisis truly global in character. No country, not even China, escaped the negative impact at some time and to some degree.

It is against this background that we have to record and grapple with the consequences of the loss of around 900 000 jobs. Most of these jobs were in mining because across the world, the crisis produced an abrupt fall in demand and in prices for mineral products. It was also felt in manufacturing, which experienced a 30,4% fall in physical volume of production, and suffered 202 000 job losses between October 2008 and December 2009.

In manufacturing, the subsectors most affected were those most integrated into global value chains and which were producing consumer durables dependent on credit finance for their purchase. In South Africa, as elsewhere, this included the motor industry which, in South Africa drives at least six to seven other subsectors; as well as the already fragile clothing and textile sector, which nevertheless continues to provide employment to nearly 100 000 people.

We are fortunately now officially out of recession, as is the global economy as a whole. According to latest figures for December, manufacturing output was 3,2% higher than in the corresponding month of 2008 - the first annualised rise for 14 months. But there is still great uncertainty about the durability of the global recovery, with most analysts agreeing that the recovery is fragile and that there is still a risk of double-dip recession.

Mr President, you referred to the Framework Response agreed to in February last year between government, business, labour and community representatives. This response package was indeed unique, and, as such, received much favourable comment because it was a product of social dialogue with responsibilities assumed by all parties. It was that which, I believe, gave it its resilience and demonstrated the meaning of our slogan, “Working together, we can do more”.

Among the main features of the Framework Response was our commitment to push ahead with the then R787 billion infrastructure investment programme as our main countercyclical response. Your announcement in the state of the nation address – that we will be spending R846 billion over the next 3 years on public infrastructure – shows that our efforts in this regard will not all peter out once the Fifa World Cup investments have been completed. It shows rather that we are on track to effect a major infrastructure renewal programme that will continue for many years to come.

Other dimensions of the Framework Response include the training lay-off programme and the R6,1 billion facility made available to distressed companies by the Industrial Development Corporation. The training lay-off programme basically involves supporting companies to place in training programmes workers who can’t be employed in production due to the recession while they continue to draw at least part of their wages. Applications involving 2 219 workers were approved for the pilot project and applications involving a further 831 workers are close to approval.

In addition, facilitation provided by the Commission for Conciliation, Mediation and Arbitration, the CCMA, in terms of the framework and the Labour Relations Act, saved a further 4 482 jobs. The IDC’s R6,1 billion facility envisages assisting companies in distress as the result of recession to the tune of R2,9 billion through 2010, with a further R3,2 billion available for 2011.

Between April 2009 and January 2010 around R1 billion of assistance was approved, resulting in 7 854 jobs being saved.

In addition, we have also developed sector-specific response packages involving fast-tracking certain facilities and support measures, including support packages for the motor industry, the clothing and textile industry, and capital equipment and metal fabrication sectors.

A feature of many of these programmes is that we have insisted on reciprocal commitments in return for any support government has made available. Generally, this has covered undertakings on refraining from, or moderating through negotiation, retrenchment of workers and refraining from, or moderating, extraordinary bonuses on dividend payments to managers or stakeholders. Through these and other crisis response measures, we have, I believe, been able to save many jobs, as well as strategic industrial capacity that would otherwise have been lost, most likely irretrievably.

Besides, some of the measures in place – notably the training lay-off programme – have strengthened the capacity of companies to position themselves ahead of the curve in taking advantage of improved circumstances.

It is notable, for example, that BMW, one of the major companies involved in using training lay-offs, was among the first motor manufacturers to have announced, since the recession, a significant investment in the manufacture in South Africa of new-generation vehicles; in this case, through an investment amounting to R2,9 billion. BMW did not retrench workers, but rather used the training lay-off facility to upgrade skills needed for its new project. [Applause.]

Mr Speaker, although our short-term response has cushioned us to some degree from the ravages of the recession, the recession has also highlighted the need for us to accelerate our efforts to bring about structural change that will place our economy on a more labour-absorbing growth path.

We need to make ourselves less vulnerable to the vagaries of cycles and bubbles originating elsewhere. We also need to accelerate structural changes to our growth path so that we can achieve our manifesto commitment of creating decent work for our people.

Even before the recession, when our economy grew at the highest level for the longest sustained period since any time post-World War II, unemployment never fell to below 23% of the economically active population in the strict definition. This points to the stark reality that the unemployment problem we face in South Africa is fundamentally structural rather than cyclical in nature.

In a nutshell, the accumulation path in South Africa under colonialism and the early years of apartheid depended on drawing large numbers of low-paid African people into unskilled work in mining and other primary sector activities. The notorious migrant and contract labour systems were the most visible manifestations of this.

From the mid-1970s onwards, however, as a result of a combination of the gold mining industry having passed its prime and increasing mechanisation in both mining and agriculture, we witnessed the expulsion and later marginalisation of former unskilled migrant workers from employment.

While our economy made important advances during the past 15 years of our democracy, we have not yet succeeded in bringing about structural change on a scale sufficient to absorb those marginalised, structurally unemployed people into new, productive, income-earning activities. That is the challenge that continues to confront us.

I want to suggest that there is sufficient evidence from economic history to support the proposition that there has been no case ever anywhere - and the examples can stretch from the principality of Venice in the 16th century to China today - of an economy which has moved onto a growth path characterised by increasing, as distinct from diminishing returns, without identifying appropriate productive activities and then mobilising support and human energy to bring those productive activities into operation.

On Thursday this week, I will be making a statement in the House about the 2010-11 and 2012-13 Industrial Policy Action Plan, Ipap, which we will release thereafter. Next week, we will engage the portfolio committee on the details of Ipap 2, after which the portfolio committee will hold public hearings.

Mr President, in the state of the nation address you indicated that Ipap would be a mechanism, one among several others, to …

… build stronger and more labour-absorbing industries, as well as to provide a new focus on green jobs.

The new Ipap will include a combination of cross-cutting and sector- specific actions. It will include proposals and action plans linked to defined timeframes aimed at bringing about a significant overhaul of procurement legislation and practices. This is aimed, amongst other things, at ensuring that we achieve a greater impetus for local manufacturing and job creation from the infrastructure investment programmes that we will be undertaking.

There will also be proposals and action plans to align the Competitive Supplier Development Programme being undertaken by some state-owned enterprises to a revamped national industrial participation programme; and proposals to move a range of key purchases for infrastructure programmes to long-term fleet procurement processes and to boost the proudly South African campaign.

All of these, we believe, will create improved opportunities for local industries to supply a greater proportion of the inputs needed in ways that can boost decent employment.

In the years ahead, through these efforts, we believe we will be able to position ourselves as a significant manufacturer of capital equipment for infrastructure projects, not just for the domestic market, but also to service projects on the African continent and further afield.

We will also be putting forward new proposals, linked to time-bound action plans, to enhance access to concessional funding for industrial development, focusing on the off-budget role of developing finance institutions and particularly those involved in industrial and enterprise funding.

We will be signalling in a more strategic use of trade policy instruments and standards to support local economic development and decent work. These proposals will be operational generally across the board, but will also be customised to meet particular needs of specific sectors.

As you indicated, Mr President, our proposals will be focused on particular high, labour-absorbing, value-added sectors, but Ipap will also seek to promote more labour-absorbing and hence decent work-creating activities in all the sectors that we work with.

You also mentioned green jobs. Moving towards a greener economy is essential both to respond to our own domestic challenges of promoting greater energy efficiency and to the common global challenge of mitigating the threat of catastrophic climate change.

In our efforts to create green jobs, we will be responding to a global trend that recognises that there are opportunities for new economic activity and decent jobs from going greener. Through Ipap 2, we will be proposing a number of first steps on a journey aimed at positioning ourselves at the front end of the curve on green jobs.

Again, our approach will involve a combination of focusing on specific quick wins for immediate attention and promoting a broader proactive involvement in greener productive activity across the board. Further details on Ipap 2 as well as our specific job creation targets will be provided later in the week.

In addition to Ipap, further work from within the economic cluster will identify a broader range of actions we need to take to place us on a growth path capable of meeting the challenge of creating decent work for our people. Within the Department of Trade and Industry, an additional priority focus for us will be on enterprise development. In the course of this year, we will be stepping up our efforts to promote SMME development.

Recognising that young people are disproportionately represented among the unemployed, we have begun a conversation with the National Youth Development Agency with a view to aligning our efforts with those of this important agency. We will also be developing a new strategic thrust to promote co-operative development following a highly productive engagement we have been involved in with our National Economic Development and Labour Council, Nedlac, partners. We are planning to take these proposals through the Cabinet process in the middle of this year.

Mr President, you are a very hard taskmaster. The outcomes-based monitoring system which your administration is developing requires of us not just to deliver on activities of the sort that I have described, but, more importantly, on concrete outcomes as it means something and begins to change the lives of people.

While you have not yet finalised the outcome targets for the economic cluster, we know that you want us simultaneously to achieve ambitious outcomes in economic growth, increasing labour absorption and reducing inequality. The three have not always gone together in the past.

The challenge for us to do so now will be tough against the background of a still fragile global economy, but it is not an unattainable goal. Other countries, and most notably in recent times, Brazil, have made progress on all three fronts simultaneously. That is what our people need and we dare not fail them. Siyabonga. [Thank you.] [Applause.]

Ms L D MAZIBUKO: Mr Speaker, hon President and hon members, recently an important debate has emerged amongst the people of South Africa not only in the media, but also, without doubt, in taverns, around braais and dinner- tables and within a vast number of homes, schools, campuses, churches and other places of congregation and discussion all over our country.

The hon President failed to deal with this burning issue in his speech on the state of our nation. This is possibly because of the way in which some of the traditional customs associated with his culture and my culture, and the culture of all those South Africans who self-identify as amaZulu, have recently been pushed into the spotlight in this national debate on whether cultural identity and practice should ever be allowed to supersede our humanity and the human rights to equality and dignity, which are enshrined in our Constitution.

In particular, the practices of lobola and polygamy are some of the customs practised by amaZulu that have recently been singled out for censure, sparking a long-overdue debate on the meaning of culture in contemporary South Africa. Within the context of this debate the words “It’s my culture” have increasingly come to be accepted as legitimate responses to questions probing the necessity or, indeed, acceptability of such customs.

For example, to the question, “Can we claim that women have equal rights in a democratic South Africa, if at the same time we legitimise their exchange between families for cattle and money?” one will often hear the response: “It’s an important part of our culture”, and so the debate is closed.

No discussion of where we are as a nation today and where we are going can be complete without engaging robustly with the subject of culture. Yet, while some analysts, commentators and members of the public continue to grapple with this subject, politicians have mostly been conspicuous by their silence.

Given our racially divided past, the tendency towards knee-jerk reactions on both sides of this debate is understandable. But we cannot allow inflated sensitivities about the possible motives of those who question our cultural practices to justify keeping in place some customs which violate gender equality, put young people – especially girls - at risk, and deny our humanity as a people. [Interjections.]

The SPEAKER: Hon members, allow the speaker to be heard. Continue, hon member.

Ms L D MAZIBUKO: During the furore surrounding the revival of the Nguni ritual of barehanded bull-killing during the annual feast of Ukweshwama, the Sunday Times columnist, Fred Khumalo, branded the custom reprehensible and he declared: “African culture? Not in my name.”

He argued that, as with the practice of bullfighting in Spain, or fox hunting in the United Kingdom, about which similar debates go on in those countries, the defensive resort to culture in order to justify these customs and practices slows the progress of any society which claims to be compassionate, equal and committed to doing no harm. “Why”, he asked, “for example, was the animal not rather humanely slaughtered with a single stab of a spear in order to spare it unnecessary pain?”

Khumalo outlined his position thus:

Negligible beliefs, customs, traditions, all get conflated under the shapeless umbrella called culture. Culture is something bigger than that; something more potent; something more intelligent. Culture is forward- looking; culture is dynamic, just like humanity.

In her book, Laying Ghosts to Rest, which has already been quoted once in this House today, Dr Mamphela Ramphele refers to what she calls “the ghost of ethnic chauvinism”, which she argues must be named and laid to rest in order for South Africa to embark on the road to true transformation, which, crucially, includes the realisation of equal rights for women and the protection of children.

Dr Ramphele, referencing Prof Thandabantu Nhlapo, identifies a series of provisions of customary law that need urgent review, amongst them, the levirate marriage – in which the continuation of the deceased husband’s marriage is done through a brother of a male relative; polygamy; child betrothal and forced marriages and lobola or bohadi.

In April of 2009, the late Minister in the Presidency, Dr Manto Tshabalala- Msimang, visited a village in the O R Tambo District Municipality in the Eastern Cape, where the practice of ukuthwala, the child betrothal and forced marriage of girls as young as 12 years old, carried out by abducting them, had reached such epic proportions that girls were dropping out of school at the rate of 20 per month in order to be married off to men often old enough to be their fathers. The Minister condemned the practice, describing ukuthwala as a form of violence against women, and acknowledged that -

Patriarchy and patriarchal attitudes still persist in South African society and at times manifest themselves in negative and harmful ways against women and girls.

But, in its report to the Portfolio Committee on Women, Youth, Children, and People with Disabilities in August of that same year, the SA Police Service, SAPS, was still at pains to emphasise the need to, “uphold the law whilst retaining respect for culture and tradition” when dealing with the criminal matter of child abduction in this context.

So, again, the ghost of ethnic chauvinism was compelling the police to treat the abuse of women and children’s rights with kid gloves, all in the name of this nebulous idea of “culture”.

If I may quote Dr Ramphele once more:

These weighty matters need to be resolved to enable us to align customary practices with the precepts of our Constitution.

Before this can happen in earnest, we must work hard to remove the stigma attached to criticising African cultural practices. We must take the sting out of that meaningless phrase, “It is my culture”. I thank you. [Applause.]

Mr J H JEFFERY: Speaker, Mr President, Deputy President, and hon members, as we all know, the President delivered his state of the nation address on 11 February, the day on which the people of South Africa and the world were celebrating the release of Nelson Mandela from prison 20 years ago.

Madiba was released from prison at a time when the majority of South Africans had no hope of getting justice from the criminal and civil justice system in the apartheid society. Basically, for those who did not live through that period, or those who did but may have forgotten, judges, all of whom were white, were appointed by the State President and were almost entirely men who supported the apartheid regime.

There were none of the transparent and inclusive processes that we have today with the Judicial Service Commission, JSC. The overwhelming majority of magistrates and prosecutors were white men. The laws that the criminal justice system was enforcing included crimes under the Group Areas Act, the Immorality Act, the Internal Security Act, and so on. In fact, the justice system was deliberately used to entrench apartheid policy and laws.

As this year’s 8 January Statement of the ANC stated: There is an urgent need to overhaul the criminal justice system, to ensure that levels of crime are drastically reduced.

In order to do this, government has been embarking on a criminal justice system review. I have been informed by the co-ordinator of the criminal justice system review, the hon Minister of Justice and Constitutional Development, Mr Jeff Radebe, who was unfortunately not able to speak in today’s debate because he’s unwell, of some of the progress made in the review to date.

It should be borne in mind, however, that many of the review outcomes can only be dealt with over a period of time and have cross-cutting implications that need to be considered, in terms of aligned budgets and strategic planning processes. This work is continuing and includes the establishment of sound governance through the continued development of protocols, joint business and operational plans and improved co-ordinating mechanisms.

Let me highlight some of the progress made in terms of the criminal justice system review. The review process, as mandated by Cabinet, comprises research and implementation of required interventions through a seven-point plan. The research process is now being concluded, and the results have been evaluated and are currently being incorporated in the implementation.

Some of the progress relating to the implementation of the plan follows below.

A holistic vision, mission and objective statement for the criminal justice system was developed and promoted within the justice, Crime Prevention, and Security Cluster of Cabinet and approved by the relevant Ministers and directors-general.

A framework for the criminal justice system performance measurement has been developed and is presently being refined. This aims to ensure that all the various activities across the criminal justice system have common goals and targets, from the SAPS through to the prosecutors, courts and correctional services.

A centre for statistics and performance management is in the process of being established to collate all the relevant information across the criminal justice system. An interim system, based upon existing automated and manual systems is, however, functional.

A number of protocols and/or guidelines that will improve the performance of the courts have been developed or are being finalised.

There are two regional court protocols, one dealing with screening mechanisms and the trial readiness of cases, and the other dealing with making the trial phase more efficient, such as limiting dispute issues, improving case scheduling, etc, as well as a court protocol for legal aid cases, dealing with improved pretrial and co-ordination aspects between the prosecuting authority and Legal Aid South Africa, to speed up the finalisation of cases.

Case-flow management interventions are being promoted across the criminal justice system in general. Regulations for the implementation of the amendments applicable to the admission of guilt for minor offences, in terms of the Judicial Matters Amendment Act, Act 66 of 2008, are receiving attention.

A protocol for the taking and processing of forensic samples, utilising chemistry laboratories of the national Department of Health in criminal investigations and trials and improving the interaction between the prosecutors, police and Department of Health is being finalised. Also, the issue of bail and addressing the challenges relating to bail is receiving attention.

The Criminal Law (Forensic Procedures) Amendment Bill is currently before this House and we hope it will be finalised shortly. This Bill deals, amongst other things, with DNA, fingerprinting and biometric issues, including the sharing of personal information between government departments.

The capacity of the criminal justice system is being increased through the employment of more personnel. In this regard, the police have increased the number of crime scene detectives and forensic analysts. Nearly 15 000 new constables have been allocated to the detective services after training in the current financial year. The National Prosecuting Authority has increased the number of prosecutors, and Legal Aid South Africa has increased the number of legal aid representatives.

More judges and magistrates have been appointed, and operational efficiencies are being further enhanced by the provision of step-by-step field guides and manuals. The establishment of a branch within the Department of Correctional Services to improve the management of remand detainees is being fast-tracked, and improved offender rehabilitation, in conjunction with civil society, is also receiving attention.

Moving on to the transformation of the judiciary, this is well under way. The racial and gender composition of judges and magistrates is far more reflective of the demographics of our country than ever before.

Recent laws passed by Parliament are in the final stages of implementation. The South African Judicial Education Institution Act, which establishes the SA Judicial Education Institute for the training of magistrates and judges, will be fully operational from April 2010.

I am informed that the recent amendments to the Judicial Service Commission Act are due for promulgation during the first half of this year. These amendments provide for a code of conduct and regulations regarding judges’ registrable interests. In terms of this Act, the regulations and code must be tabled within four months of promulgation, so hopefully that should be settled before the end of this year.

Lastly, regarding the transformation of the judiciary, the Minister of Justice and Constitutional Development is finalising the Superior Courts Bill for introduction into this House, after considering the report of a judges’ conference held last year.

We, however, need to review not just the criminal justice system but also the civil justice system. We cannot have a situation where, to get justice in civil disputes, you need to have lots of money for lawyers, as this puts civil justice beyond the reach of the vast majority of people in South Africa. The fact that our civil justice system is expensive, complex, fragmented and very much adversarial, makes it less accessible to the ordinary masses of our people.

However, we note that work is being done to ensure that the Small Claims Courts, as per one of the resolutions of the 52nd National Conference of the ANC at Polokwane, play a significant role in delivering justice to the people. We commend this because of the accessibility of these courts. Ordinary people do not have to pay money to have their matters heard, and we hope to see more of these courts being set up throughout the country.

With regard to the administration of deceased estates and related services, people, especially ordinary people, are still experiencing problems. The fact that some Master’s Offices, including the one in Cape Town, insist that you get an attorney, even in uncomplicated estates, is something that needs to be changed. As the Receiver of Revenue helps the public with their tax returns, so should the Master’s Office help the public with winding up deceased estates. More attention needs to be given to assist, in particular, women with maintenance matters, so that where a rich father refuses to pay maintenance, he cannot use lawyers to endlessly dispute and delay the finalisation of the matter. Maintenance Courts need to be more user- friendly and should be able to assist women without them being forced to spend large amounts of money on lawyers.

We also need to look at accelerating the extension of legal aid to more civil cases. We are pleased that the Jurisdiction of Regional Courts Amendment Act will be promulgated this year. This Act abolishes black divorce courts and extends civil jurisdiction to Regional Courts, which had previously only dealt with criminal matters.

We hope that Parliament can finalise the Traditional Courts Bill, which is currently before us this year, and provide for a system that is consistent with the values espoused in our Constitution and that gives people in rural areas more effective access to justice.

In conclusion, let me say that crime is one of the major challenges facing our country. Crime undermines the safety and security of the people in their homes and places of work and entertainment, thereby denying them the freedom for which they fought for many years. We, therefore, welcome the reforms being brought about by the review of the criminal system to make it more effective and efficient, and we, as Parliament, must work together to monitor and improve its implementation.

However, the weaknesses in the criminal justice system deny also the masses of ordinary people of South Africa access to justice. For this reason, we need to work together as a country to ensure that the whole justice system is revamped and improved to deliver justice to our people, especially those who have been denied justice for many decades.

For this reason, we request you, Mr President, to ensure that your administration moves with speed to review the civil justice system, as this will remove blockages and improve efficiency and effectiveness, service delivery and public confidence in our justice system. I thank you. [Applause.]

Mr M S SHILOWA: Hon Speaker and hon members, the input by hon members Dandala, Ndude, Kotsi and George of Cope all indicate that we have no confidence in the current government and we intend to move, in due course, for a debate of no confidence. Similar to the inputs of the rest of the opposition parties, they all agreed that the President is not aware of the true state of the nation.

We hope that adequate time for meaningful and substantive debate will be made available by Parliament. I will not dwell much on the legacy of Madiba since this has been covered by many speakers. The hosting of the world in a free South Africa for the Fifa World Cup tournament will be a historic tribute to the struggles and sacrifice of this great leader. Long may this icon live.

However, I was astounded at how suddenly P W Botha, someone who killed many of our people in raids across what were then frontline states, is now being feted as a hero. Someone who sent countless young white South Africans against their will to Angola and Namibia is now a hero to the party of liberation.

This is an affront, not only to those who died, but also to those who were sent to jail for refusing to be conscripted into the army. No wonder the ruling party now wants to pardon Prime Evil, Janusz and Derby-Lewis!

In May 2009, Mr President, you were ushered into office amidst a huge fanfare where even your opponents were forced by the overwhelming occasion and its subsequent reception to reluctantly give you the benefit of the doubt.

We wished you success in the service of our people. You arrived like a well- oiled steam engine ready to take off with all on board. You pronounced a destination that the Zuma train was going to take with very little evidence that you could get there. You nevertheless seemed convincing to many.

Nine months down the line the Zuma train is still at the same station, the same platform, with the same passengers, with exactly the same intentions. The only promise is that it will now be faster. How is it that a train that is at a standstill can move faster? This remains a mystery to me. The truth is: The train has ground to a halt.

Cope warned at the time that there was an enormous difference between the tough reality of the harsh economic conditions and a political party fantasy. It is this reality that forced you to shy away from any substantive input in addressing the real state of the nation. This absence in action has been the hallmark of the last nine months, while this great nation is crying out for inspirational and decisive leaders.

A close examination of your understanding of the state of the nation gives an impression of a President who is not in touch with the realities of our people. We have previously warned that we must never play politics with the plight of our suffering people.

Whereas the ANC promised South Africans quality, decent jobs they are now being told to be content with part-time jobs. I am not going to get into a discussion about these part-time jobs. The truth, though, is that it is one thing to stand on an economic platform. You can shout until you are deaf, but the reality is that South Africans were promised, in a manifesto, decent jobs.

When we asked for accountability, 900 000 jobs have been lost. South Africans are told to be content with these part-time jobs of one day, one month, three months or six months, that have been created. That is not what South Africans were promised.

In fact, the Minister of Trade and Industry said something which I agree with. He says:

… the unemployment problem we face in South Africa is … structural rather than cyclical …

Yet where is the plan that shows that we are now intending to tackle this issue in that aspect? We are told that we must look for it somewhere. We were looking for it in the state of the nation address.

The workers of South Africa were told that we will safeguard their jobs. Cosatu correctly raises the issue of Zakumi. The Zakumi contract has been given to an ANC Member of Parliament who has outsourced these needed jobs of South African workers to China. The ANC is quiet on this matter. Why? Is there a benefit that the ANC is getting from this issue? Why are they quiet? Cosatu raised it. It is your ally and you kept quiet. An ANC Member of Parliament exports jobs and we keep quiet. We shall not keep quiet; we shall not be curbed!

The wage subsidy idea which was raised is not new. Minister Manuel knows that it is not new and it has been raised from this podium before. It is neither a new idea nor a new rabbit.

As regards the issue of protests we cannot rejoice when people protest. But it is one thing to go to Balfour and say that we will sort out your problem and then go away. People wait and then nothing happens. Because a political solution was found to the problem in Khutsong, when people burnt schools and said they were not going to school, the SACP and the ANC cheered and kept quiet. Now they think that is the way to go everywhere else.

I don’t need to do so. The ANC in Gauteng has said these actions are instigated by the SACP. That is what the ANC said. It is not me. Go and ask David Makhura; that is what he said.

In conclusion, we don’t have to visit the Presidential Hotline call centre to know that it is not functioning. We just have to call the hotline centre to receive the standard answer, “We are experiencing large volumes of calls. Please call later”.

Lastly, before I sit down, Mr President, it is important to say that the message of ABC has been dealt a fatal blow. It is now very difficult for all of us to speak about, “Abstain, be faithful and condomise”. Thank you.

The HOUSE CHAIRPERSON (Ms M N Oliphant): Speaker, hon President of the Republic, Deputy President, Deputy Speaker and hon members, the Freedom Charter says:

There shall be peace and friendship, South Africa shall strive to maintain world peace and the settlement of all international disputes by negotiations – not war.

At the 52nd National Conference, the ANC resolved that, through government, the ANC should ensure that the intensification of economic diplomacy leads to changes in colonial patterns of economic relations and creates possibilities for equitable and balanced North-South relations, transformation and beneficiation of African national resources, sustainability of foreign direct investment, and market access for products from the South to generate employment and contribute to poverty eradication.

The conference further realised a need for the ANC to develop a clear policy guide for Parliament in their engagement with international bodies to which they are affiliated and in the establishment of memorandums of understanding between these bodies.

Arising from the above clause of the Freedom Charter and the ANC conference resolutions, as Parliament we have established a Parliamentary Group on International Relations. The role of the Parliamentary Group on International Relations is to implement the international policy agreed to by the Joint Rules Committee by providing policy and strategic direction on and co-ordination of Parliament’s international engagements, including its relations with other parliaments and its membership of and participation in international parliamentary organisations; receiving reports from parliamentary delegations and submiting proposals on their tabling, referral and scheduling for debate to the Presiding Officers or relevant parliamentary structures; and meeting with members appointed by the House to serve on international parliamentary bodies and members of all substructures of the group, as well as the chairpersons of the parliamentary committees dealing with international relations and co- operation and trade and industry, to determine strategy and evaluate international relations of Parliament.

As Parliament, we have established focus groups and strategic bilateral relations. The purpose of establishing the focus groups was: to analyse the work of that particular body and guide Parliament’s engagement with that body; to assess and evaluate reports of delegations to meetings of the body and to identify matters which require further follow-up by Parliament; and to embark on information-sharing initiatives for members on the work of affiliated multilateral bodies.

Thus far the following focus groups have been established: The Focus Group on the Southern African Development Community Parliamentary Forum, SADC-PF; and the Focus Group on the Pan-African Parliament. The following groups are still on an ad hoc status, but will soon be formalised: The Focus Group on the Inter-parliamentary Union; the Focus Group on the Commonwealth Parliamentary Association; and the Focus Group on Asseca.

Parliament will further establish friendship groups. These friendship groups will be utilised to pursue nonstrategic relations in a purposeful and focused manner in support of South Africa’s foreign policy objectives.

As Parliament, we are in the process of finalising the signing of the Friendship Memorandum of Understanding with the Parliament of the Republic of China. A number of networks and voluntary associations do exist. This is indicative of the multiplicity of actors in international affairs and the changes which are taking place in society. Many of these networks and voluntary associations have members who participate in their activities. It is important that such interaction takes place in a co-ordinated manner.

As Parliament, we have agreed that when a member receives a personal invitation in his or her capacity as a Member of Parliament, the member must have the approval of the Presiding Officers for such participation.

We, as Parliament, have also established specialised groups, such as the group on South African and European Union relations, the India, Brazil, South Africa group, and the African, Caribbean, Pacific-European Union group. These specialised parliamentary groups act as consultative forums to bring about regular exchanges or lobbying by parliamentary delegations.

We have further agreed to establish focus groups on conflict management, peace and reconciliation on the African continent. During the SADC-PF meeting held in Swakopmund it was agreed that a delegation of Speakers from the SADC region, led by our Speaker, should go to Zimbabwe on a goodwill mission. This took place last year in October.

Hon members, let me briefly outline the concerns raised and resolutions taken during Parliament’s participation in international forums. The IPU held the Parliamentary Conference on Democracy in Africa, which was aimed at promoting awareness of the International Day of Democracy, the fundamental principles of democracy, and major issues facing the democracy community today.

The conference was held in Gaborone in September 2009. It was agreed that it would identify particular roles and responsibilities of Parliament, promote Parliament’s engagement with the African Charter on Democracy elections and governance, and encourage action to ensure ratification and implementation.

The SADC-PF noted with concern the following: individual and collective challenges facing the region in relation to a diminishing natural resource base; unfair trade practices; poverty and vulnerability; gender and development; regional integration; and HIV and Aids.

Note was also taken of the delay by member states in signing and ratifying various protocols which are critical for achieving regional integration and accelerating national and regional development; eradicating ongoing hunger and the threat of worsening poverty levels in the region; and addressing the inability to meet most of the Millennium Development Goals, particularly the first goal which seeks to eliminate extreme poverty and hunger.

The following recommendations were then made. The member parliaments must expedite the ratification of the various SADC protocols in order to realise their intended benefits and facilitate regional integration.

Parliamentarians are to engage with their respective executive arms of government and stakeholders in trade negotiations to appraise them, as representatives of the people, on the dangers and benefits of signing or not signing the Economic Partnership Agreements and its broader and profound implications for national and regional development efforts.

The SADC-PF committed itself to play a catalytic role in lobbying for negotiations with Europe from a regional rather than national perspective, and ensuring that SADC’s abundant natural resources are exploited in a sustainable manner for the benefit of SADC citizens.

Hon members, hon President and hon Deputy President, I just want to appeal to the President that the relevant Minister should table the African Charter and Gender Protocol in Parliament for ratification. The reason for the appeal is that according to the report that was tabled at the SADC-PF, South Africa has implemented 95% of the African Charter and 80% of the Gender Protocol – but we have not yet ratified them.

In both SADC-PF and the African, Caribbean, Pacific European-Union a recommendation was made that all HIV/Aids-infected people must be given access to reasonably priced antiretroviral drugs. We want to thank His Excellency the President and his team for coming up with a comprehensive programme on HIV/Aids.

The World e-Parliament Conference is an annual forum of the community of parliaments addressing, from both the policy and technical perspective, how the use of information and communication technology can help in improving effectiveness in the complex parliamentary environment.

One of the critical resolutions taken was that those parliaments that are at an advanced stage must assist others confidentially and South Africa was given a responsibility to lead in the African continent.

One of the recommendations taken at the World Food Summit held in Rome was that all parliaments must ensure that women are empowered by adopting laws that allow women to have access to land, credit and markets; and that agricultural development is given the priority it deserves.

In the African, Caribbean and Pacific meeting it was resolved that firstly, the African Caribbean Pacific, ACP, governments should promote a regional fund for the improvement and propagation of co-operation techniques amongst small-scale farmers for adaptation and mitigation programmes; and the need to reinforce education and information campaigns on the impact of climate change.

Secondly, the Climate Change Agreement should take into account the existing development processes at both international and national levels. All parties should build the necessary links between climate change and the Millennium Development Goals by incorporating mitigation and adaptation to climate change into projects and programmes aimed at achieving the Millennium Development Goals and poverty reduction strategies.

As the South African Parliament, we echoed the sentiments of the President by supporting Haiti and further request members of this House to donate whatever they can so as to reduce the pain and suffering they are experiencing as well as showing our solidarity.

Hon Speaker, allow me to assist hon member Hilda Ndude, who posed a question about how the speech relates to the state of the nation address. The President mentioned the participation of South Africa in international programmes. He further said that we need to continue to participate in respect of India, Brazil and China. It is also the role of Parliament to make sure that we monitor the implementation of those agreements. The hon member must go through the responsibilities of Parliament in terms of monitoring and oversight. Hopefully, she will understand.

I also want to say to hon Mangena that he was given an opportunity to lead as the Deputy Minister of Science and Technology. What did he do to assist the weatherman during his time as the Deputy Minister?

I want to remind the hon Zondi on the issue of the Jozini Dam. We visited Umkhanyakude while we were members of the NCOP before the elections, last year. In terms of their Integrated Development Plan, IDP, they prioritised building the airport rather than connecting water for the communities. Maybe the hon member should go and assist that district to structure its priorities according to the needs of the people.

Hon Speaker, allow me to respond to the hon Mbazima Shilowa. Hon Shilowa is the former Premier of Gauteng. During the apartheid government, hon Shilowa was not recognised to occupy any senior position. He was a security guard irrespective of his education. I think he must thank Cosatu for having recognised his talents and electing him as the secretary-general of Cosatu – by then I was a South African Commercial, Catering and Allied Workers’ Union, SACCAWU, shop steward.

I know that it’s painful when your term of office ends. Firstly, the reason for hon Shilowa to be in the benches of Cope is that his term of office was about to end. And, secondly, Cope was formed based on hatred of being led by hon President Jacob Zuma. I don’t think that we have to resort to hatred and be bold when we are on this platform.

Mhlonishwa Mluleki George isiZulu sithi: “umenzi uyakhohlwa kodwa umenziwa akakhohlwa.” [Hon Mluleki George, there’s an isiZulu saying which goes like this: the person who does something wrong to you forgets but the victim never forgets.]

When you arrived here in 1999, you were the Whip responsible for the allocation of houses. The members who were coming from KwaZulu-Natal with Zulu surnames, you did not allow to have houses. How is it possible for you to change now, since your belief is based on ethnic issues? Your reason for being against President Jacob Zuma is based on his ethnicity.

I want to say to the hon Mazibuko, including Cope members, that, firstly, before the elections in April – hon Hilda Ndude, you must learn to listen to other people – the slogan of the DA was, “Stop Zuma”. And Cope, with some leaders of the DA, said they wanted to protect the Constitution. But today they stand on this platform without respecting that Constitution, particularly Chapter 2 of the Constitution which talks about the Bill of Rights. I think hon members must carefully study the Constitution, the traditions of this House and, thereafter, they can come and say whatever they feel like saying here.

Hon members, in his state of the nation address in 2009, the President emphasised that Parliament should do oversight and monitoring. It will benefit our oversight work as Parliament if a regular exchange of information and feedback takes place regarding our country’s commitment to the implementation of the International Agreement and Protocols.

Ngaphambi kokuthi ngihlale phansi, ngiyafisa ukuthi amalungu aleNdlu ake azinike isikhathi ehlezi emizini yawo ethunzini, abuke emgwaqeni ukuthi uma imoto idlula kukhona imbuzi nenja - imbuzi yenzenjani - inja yenzenjani. Uma nginganihlebela nje imbuzi ibaleka ize izephule kodwa inja ikhonkotha imoto ize iyosithela. (Translation of isiZulu paragraph follows.)

[Before I sit down, I would like the hon members of this House to take the time, when they are relaxing in the shade of their trees at home, to look at the road to see what happens when a car passes and there is a goat and a dog in the road. I can tell you that the goat will run for its life but the dog will bark at the car until it disappears.]

Thank you very much. [Applause.] Mr M J ELLIS: Mister Speaker, I certainly do not intend becoming involved in the antics of the hon House Chairperson and her attack on Cope, but would rather address myself to what we regard as a pretty important matter within the DA.

We were told that the ANC wanted the state of the nation address to be in the evening at 7 o’clock, so that the entire nation could be involved as it was to be televised live. The President, we were told, wanted to speak to the entire nation; men, women and children. After all it was 20 years to the day since Nelson Mandela had been released from prison.

Opposition parties were asked to endorse this decision, which we did, but made it clear that we expected to be given an opportunity, like the President, to speak to the nation, not just to Parliament. We expected that the SABC would at least cover today’s debate live on one of its channels. Regrettably, this has not happened.

In fact, to make matters worse, the first part of the debate this morning was not even televised live on the DSTV Parliamentary Channel and we were told that the feed from Parliament was not available when we asked why. A question has to be asked as to why it wasn’t available, and who decided that it would not be available.

Instead of giving the nation a chance to listen to the whole debate they were not even given an opportunity to listen to the leaders of opposition parties. I want to say, how grossly unfortunate for the nation; how massively convenient for the ANC.

We do not doubt that the only reason why this could have happened is because the ANC did not want the nation to listen to the leaders of opposition parties. The reason for this is quite clear, because Mr President, your speech on Thursday night was so inadequate in content and delivery that it gave an opportunity for opposition parties to have a field day in response and, certainly, the opposition parties have done just that. [Applause.]

Let me say briefly to the hon Tsenoli, who said earlier today that the ANC has taught opposition parties about democracy, that if you call preventing opposition parties from having their share of television time democracy, we are determined never ever to listen to that member.

But the truth is that the ANC, Mr President, has made no attempt to defend you today. They have abandoned you in this debate and this was obvious from the start when the list of speakers was drawn up for the first time and given to opposition parties. The ANC has done anything but put forward an A list of speakers today; no frontline Ministers; no senior ANC members - not even one. It is hardly even the B list of speakers that the ANC has put forward. It has been a parade of Deputy Ministers and relatively junior Ministers and members. There were one or two exceptions, but generally speaking, that is a fact.

I have to say to these ANC members who have spoken today that they must realise that they are right down the pecking order when it comes to the seniority list in your own party. The heavyweights have sat back and done nothing, while the lightweights have been thrown in to defend their President. [Applause.]

The only thing of any real consequence in this debate has been the many and constant references to the icon, Nelson Mandela. The ANC speakers, one after another, jumped on the bandwagon to spend a fair amount of their speaking time on eulogising the great man, as you did yourself, Mr President, last Thursday night. I’m sure that ANC speakers have been remarkably relieved today to have something positive to speak about, because certainly there was nothing from the speech on Thursday night.

When the hon Athol Trollip spoke earlier, the hon Trevor Manuel asked us what we have been smoking. Let me say to the hon Manuel and to members of the ANC in general, stop worrying about what the opposition parties are smoking, but rather about what your President, your colleagues and Cabinet have been smoking, because quite frankly what you and your colleagues are smoking is not at all healthy for this nation. Thank you. [Applause.]

The DEPUTY MINISTER OF POLICE: Speaker, hon President, hon Deputy President, Members of Parliament, comrades and compatriots, what is the difference between the ANC and Cope? The difference is that it can’t be about policies because they don’t have any. The difference is that they hate President Gedleyihlekisa Jacob Zuma. That is the fundamental difference. With the DA, it’s because it represents the past and backwardness and the ANC represents progressive ideas.

We are in the year of the action-packed time of our lives …

… mo kgabo e jang kgajwana [… where it is the survival of the fittest].

We are steadily recovering from the global economic downturn that had a negative impact on the lives of our people; the economic phase that welcomed us to office in May 2009. The economic situation has seen petty crimes being committed during the first and second quarters of 2009, due to the global problem we found ourselves in as the new administration.

Serious crime itself also showed some ugly faces; with malls in the Western Cape and Gauteng being primary targets, especially in the first quarter of

1. Criminals became much more sophisticated. And to win the fight against crime, we needed to step up our game and be ahead of them – we needed to be even more sophisticated than them. If we don’t nip their actions in the bud, we’ll find these criminals passing us twice on the same job.

In response to these calculated actions by criminals, we introduced the Tactical Response Team in an effort to combat crime. This cluster Tactical Response Team, whose job is not to negotiate but to fight, has trained officers who are and will always be visible in hostile situations, and especially in our malls.

These are officers who get advanced training on how to handle crisis situations where the hard-nut-to-crack criminals have taken over the lives of the innocent, through ATM bombings, business robberies and random shootings in crowded areas.

We are on track in the fight against crime. We are not going to claim easy victories. It is all systems go, with all the necessary ammunition in our hands to fight crime.

We understand that the fight against crime does not need a one answer that fits all. It requires a comprehensive approach. We are proactively responding to these dynamics and realising the prescripts of the Constitution and the Bill of Rights, which guarantees the right to security, life and dignity.

We are fundamentally turning around the police through a long-term results- driven vision, coupled with efficient measures. We are repositioning the department through a fundamental paradigm shift, enhanced optimal excellence and unlocking productive value.

Part of our ammunition in the fight against crime is the sharpening of our tools, to ensure that all our agencies are fully supported by the legislation. That is why we talked about the amendment of section 49 of the Criminal Procedure Act, and the revisiting and reworking of the forensic Bill.

We would like to reiterate that we are not going to allow our detractors to blackmail us through their emphasis on shoot-to-kill, as if this is a government policy, or the amendment of section 49 as the alpha and omega. We are not going to allow that.

We should reiterate that even before we talked about the amendment of section 49, in our quest to sharpen and strengthen the tools for fighting crime, the police, except in particular cases, have acted within the law and have taught criminals a good lesson. That is why we are saying we will deal with criminals with the agility of a cat and the ferocity of a cornered bull.

Basopa tsotsi! Lumka tsotsi! Washa tsotsi! [Beware tsotsi!]

The 2010 Fifa World Cup is here. It is your civic duty, and mine, to ensure that the country’s image is intact. It is our civic duty to ensure that all the visitors are welcome in South Africa. We owe this to those who fought for freedom and peace in our country. We owe this to the 20th anniversary of the release of former President Mandela.

With Madiba’s smile, the country is expecting 32 World Cup qualifying countries for this greatest showpiece in the world. For the first time on African soil, we will be welcoming millions of people to our shores. We are hopeful that Bafana Bafana will do us all proud!

The task ahead is enormous. The Constitution provides for us to safeguard South African inhabitants and those within our borders. We have a constitutional obligation to ensure that all the guests, during this soccer showpiece, just as has been the case with other previous major events, are safe and are able to enjoy the game of millions.

We have undertaken serious self-evaluation of our ability to prevent any unwanted threatening situations in our midst, especially during the World Cup. Among other things, we have inspected the ports of entry to this country, and we say to all South Africans that we are going forward and not turning back. All systems go! We are ready. South Africa is the destination for 2010 this year!

We are happy to announce that our airports have been inspected and all the concerns raised and noted during these inspections have been addressed. Together, working with Interpol and the Southern African regional police chiefs, we believe and we are satisfied that it is all systems go.

Operation Washa Tsotsi has brought us successful results in reducing violent and serious crimes that have been evident during previous festive seasons. It is only those who don’t have ears to listen and eyes to see who would not have seen the visibility of the police during the past festive season.

The night raids in troublesome spots like KwaMashu in KwaZulu-Natal, Alexandra and other areas, were efforts to reduce the number of guns in circulation and those in wrong hands. We are happy with the outcomes of the operation. We won’t rest until our country is free from criminality. Operation Washa Tsotsi, like we said before, is not an event, but a continued attack on the criminals on our streets.

The police are recording successes on a daily basis in the fight against crime. The Directorate for Specialised Crimes Unit, the Hawks, has identified and profiled the 10 most-wanted criminals. And we are happy to report that seven of those have been dealt a blow and three are still on the run, but we will find them.

Since the launch of the festive season campaign, we have seen and witnessed successful operations by our police. We uncovered a drug syndicate that is operating in South and North America, Africa, Europe and Asia. Security for our inhabitants and their properties is our priority through the commitment of the SAPS and other agencies.

We urge communities to stop buying stolen goods in the name of poverty. We urge everyone to understand that you are really criminals yourselves if you find yourself owning something that you don’t know how it had landed up in the hands of those who sold it to you. That is why we are saying …

… tlohelang dintho tsa boshodu batho ba haeso! [… please stop buying stolen goods people!]

Someone’s house has been broken into and a television set is stolen and you willingly buy it. We need to unite against crime and criminals. We need positive role models in our society and within the environment in which we live.

Everything you get should be through hard work. It is important for all of us that we understand that message. We need to embrace the values of hard work instead of taking short cuts to wealth, disregarding the law in the name of materialism. Crime does not pay; this is an old saying that continues to live within us. In many of the crimes, especially serious crimes, like house robberies, there is a huge element of youth involvement. These are young people who have admired the wrong role models within our society.

The fight against crime should not and must not be delegated to the police alone; it is a civic duty. That is why we say, when you are in the comfort of your home with your families, remember the lives of the police, women and men, in the streets protecting you. We ask you to pray for them every time you pray for our streets to be rid of bad elements.

We want everyone to join the fight against crime, including “bomme ba seaparo” [women who wear the church uniform]. We urge them, whenever they pray for “pula” [rain], also to pray for the reduction of crime in our midst. Through our mothers we are certain we will win.

Society should embrace and support the police. As we said before, the police carry a heavy load and they need our undivided support. But that does not mean that we must conceal those within the SAPS who have evil intentions, as it has been said and lamented.

We are not lamenting or resting on our laurels; we are on top of the situation. From now onwards, criminals in every corner of South Africa know that they won’t have any holiday here. We are very encouraged by the fact that we are on top of them. Police have, themselves, acted by example by arresting criminal elements who perpetrate crimes within the police. We need to applaud such actions. [Applause.]

Community Safety Forums are important vehicles in the fight against crime.

In November last year, this Parliament approved our request to declare, in line with the Firearms Control Act, Act 60 of 2000, the period between 11 January and 11 April 2010 as a firearm amnesty period. We are happy to announce that, so far, through the selfless service of our men and women in blue as well as the active participation of our communities, more than 105 000 firearms and items of ammunition have been destroyed in Gauteng, KwaZulu-Natal and the Western Cape. [Applause.]

From a crime prevention point of view, the destruction of these firearms and ammunition translates into a direct opportunity lost to the marauding criminals who could have laid their hands on them and directed those gun barrels and gunpowder to rob, maim and kill the law-abiding citizens of our country.

Through this campaign, we are also encouraging those owners of legal firearms who feel that they no longer need the firearms, to freely surrender them at their nearest police station. We further urge all those with information about where any firearm, ammunition or arms cache can be retrieved, to report the matter at their nearest police station.

It should be noted that, even though this is an amnesty period, it does not mean that the work of police officers – to hunt and retrieve stolen and illegal firearms and ammunition – has stopped.

We are confident that, when the World Cup finally starts in June, the number of these weapons will be drastically reduced.

We would like to thank all those who have positively heeded our call to surrender their unwanted firearms and ammunition, be it manufacturers, dealers, gunsmiths, gun owners, beneficiaries or tsotsis. Of course, for tsotsis, this will mark the beginning of yet another chapter, because each submitted and surrendered gun will still undergo ballistic testing to ensure proper accountability and, in the event the gun was ever used in any criminal activities, ensure that the proper ramifications ensue.

There is currently a process to incorporate some of the reservists into the police force as fully fledged police officers. Because we have inherited the apartheid legacy of “bloubaadjies” [traffic police] and the “Zulu Police” within the police force, those incorporated will still undergo basic police training with no compromise on quality. High quality training will ensure that the SAPS, going forward, is a mean machine.

Effective contemporary crime prevention relies on partnership and multi- agency approaches. We are building partnerships with communities and government.

With regard to people joining the war against crime, we have had engagements and processes identified in the fight against crime within our society. Everyone within society, all the stakeholders, including young people and business, has endorsed government’s plans and has partnered with government in the fight against crime.

I want to turn to the number of distortions that have been paraded in the name of political intervention. Some of the things that have been said are actually nothing more than figments of the imagination of some individuals who have spoken before.

We need to make the point and say that when Mr Lennit Max, the DA MEC in the Western Cape, did something we were told that his life must be understood to be private. The only life that must not be private is the life of the President. We need to understand that this is hypocrisy and opportunism of the worst order and reflects the backwardness of opposition politics in our country.

We also need to make the point that, while we have acknowledged former President De Klerk for everything he has done, he did not wake up on 2 April 1990, decide to be kind to our people and release former President Nelson Mandela. That was due to the tireless efforts of our people in the streets to liberate themselves. [Applause.]

There is nothing wrong in saying that. As Julius has said, it is not the side-stepping of history; it is the correct interpretation of history. Our people have liberated themselves, led by their vanguard movement – the ANC. [Applause.] Nobody can claim easy victories and tell lies, as if our people did not have those intentions, as if, when 2 February arrived, they were not in the streets, fighting to liberate themselves. The people have liberated themselves, and the policies of the ANC have not actually failed.

We also need to talk about the question of the cadre policy. How is the cadre policy not applicable to the DA? Since you arrived in Cape Town, you have expelled everybody who is black and African and have replaced them with your own cadres. [Applause.] You’ve got a very skewed and racist cadre policy that you have implemented across the length and breadth of this particular province.

You are patronising our people and you are entrenching the politics of racism. You are implementing a policy of skewed development. Why are Khayelitsha and Gugulethu in tatters while you continue to patronise particular groups within the Western Cape? You have failed our people and in no time you will be seen for what you are.

Newspaper headlines do not represent the dominant view of the South African people. The dominant view of the South African people says, “President Zuma, you are on track”. [Applause.] That is what you must understand. The dominant view of the newspaper headlines is crafted by the ideological inclination of the right-wing politics of the DA, because you write those headlines yourselves. [Applause.]

So you are hypocritical when you say that the newspaper headlines reflect the South African population’s view and how they feel about government. You should go to Slumberland because you are very late for what you stand for. [Laughter.]

That is why in the debate about morality you cannot stand tall. Among yourselves, you can’t speak about it and opted to send the youngest, poor hon Mazibuko. [Laughter.] You must understand that, as a young person, you are uncouth to basically discuss the beginning of the rich African culture on which we are not going to compromise.

Teach young people the correct history and the proper culture. Give them the proper upbringing because this is about family socialisation. Do not throw them in the deep end and allow them to question things that they are not qualified to talk about. [Applause.]

To the hon Mfundisi wam, Bishop Dandala … Mfundisi, uyihambile indlela oyihambileyo, kodwa ke ikhona into yokuba kuthiwe umntu ukhe ahambe alahleke. Masikubuyise sithi… [Reverend, you have made your mark in life but sometimes a person may get lost along the way. Let us bring you back by saying …]

… the state of the nation address was not about poems and philosophising about something on the distant horizon. It was about what we want to do today. If you were not filled with hope with what President Zuma had told you and not fed you poems …

Mfundisi uxolo, ulahlekile tata. [I am sorry, Reverend, you have gone astray.]

We must understand that the downturn we have found ourselves in is not of our own making; it is an objective reality. Don’t speak about the recession as if it is our own creation. The ANC government under the stewardship of President Zuma is committed to the creation of jobs and there is no shift and no retreat from that. Neither is there an apology for what we said concerning the creation of 500 000 jobs.

What we said about what we were going to do was feasible when we said it, but our plans are in relation to … [Interjections.] You must understand this in a dialectical form … [Interjections.] Understand things in their changing form. Nothing is static. If you live in a world where everything is static then you live in the land of the dead whilst walking.

We must not be afraid of the nationalisation debate. The debate about nationalisation is not the redefinition of any ANC policy. It is a debate that is being raised by a youth organ of the ANC. We do understand your trauma because you don’t have youth organisations like ours. [Laughter.] Because you live in organisations where everything is alpha and omega and you have killed your own youth. Your youth have crossed over to the ANC. [Interjections.]

Malema is the only jewel that we have and he is the only thing that you don’t have. [Interjections.] That is why you are crying foul because you are actually jealous. [Laughter.] Jealousy is the enemy of success. [Laughter.] So, when the Youth League raises nationalisation you think that it is something new. In the ANC we have grown in the culture of vibrant debate.

Once Helen Zille has spoken, all is said and done, “baie dankie, goeie môre, ja ja”. [Laughter.] Everything is over. There is no vibrant voice and that is why you go right-wing without looking backwards because you don’t have a vibrant voice within your own organisation.

Thanks to the ANC for having created the Youth League; please continue to defend its autonomy. They are fighting among themselves and tearing one another asunder and yet they want to teach us about anything. The ANC has long been. Even those who wanted to kill the ANC by forming fashionable organisations have not actually succeeded.

uTata Prince Mangosuthu Buthelezi, I just want to say that we are not making the police trigger happy. What we are saying is that we are not fraternising with crime and criminals. That is all that we are doing. We are empowering the police and the system to ensure that we deal correctly and decisively with crime.

Hon Hilda Ndude, from the congress of whatever, we talk about the issue of morality. Our President has owned up to everything that he has done. [Interjections.] He could have chosen not to own up to everything or not even to apologise. The moral bankruptcy that you are talking about applies to one of those not far from your eyes who has not owned up to their actions. [Applause.] Please, you must learn to support your own children before you can throw stones everywhere.

The state of the nation address was not about whether the President had done this or not, it was about the future of our country and what we represent. It is not about the church where you are preaching. Reverend Meshoe will disagree with you.

He was very short even on the question of morality today. You must basically own up to what you have done. The Constitution of South Africa provides for equal rights for all South Africans to practise their cultural beliefs and you are reducing morality to certain cultural practices.

Moral values should be tested with the ability to build a nonracial, nonsexist and prosperous society. [Applause.] It is what morality and moral values should be about. The fact of the matter is that nothing is concealed because, like the Chinese say, you must actually extract the truth from the facts.

Time expired. [Applause.]

Order, hon members! Hon members, you will be pleased to know that that concludes the debate. The President will reply to the debate tomorrow.

The House is adjourned. Enjoy the rest of the evening.

Debate interrupted. The House adjourned at 19:23. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

                      FRIDAY, 13 NOVEMBER 2009

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Membership of Committees

(1) Mr S D Montsitsi has been elected as co-chairperson of the Joint Standing Committee on Defence with effect from 13 November 2009.

COMMITTEE REPORTS

National Assembly

CREDA INSERT - T091113E-INSERT1 – PAGES 1654-1673

                      TUESDAY, 17 NOVEMBER 2009

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Bills passed by Houses – to be submitted to President for assent

(1)    Bills passed by National Council of Provinces on 17 November
     2009:


      a) Adjustments Appropriation Bill [B 13 – 2009] (National
         Assembly – sec 77).


      b) Repeal of the Black Administration Act and Amendment of
         Certain Laws Amendment Bill [B 15 – 2009] (National Assembly –
         sec 75).

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

   (a) Agreement between the Government of the Republic of South Africa and the Government of Canada regarding Mutual Assistance between their Customs Administrations, tabled in terms of Section 231 (3) of the Constitution of the Republic of South Africa, 1996

   (b) Explanatory Memorandum to the Customs Agreement between the Government of the Republic of South Africa and the Government of Canada.

National assembly

COMMITTEE REPORTS

1. REPORT OF THE PORTFOLIO COMMITTEE ON HIGHER EDUCATION AND TRAINING ON ITS OVERSIGHT VISIT TO THE UNIVERSITY OF STELLENBOSCH, DATED 11 NOVEMBER 2009

The Portfolio Committee on Higher Education and Training having undertaken an oversight visit to the University of Stellenbosch on the 13 October 2009 reports as follows:

1. Introduction The Portfolio Committee on Higher Education and Training conducted an oversight visit to the University of Stellenbosch (US) as part of its ongoing oversight function to Higher Education Institutions (HEI’s) on the 13 October 2009. The purpose of the oversight visit was mainly to interact with the University on issues such as admission and language policy, the transformation plan, and challenges to students.

2. Background The committee made an analysis of the Higher Education and Training landscape during its Strategic Workshop in August 2009. A resolution was taken that the post -schooling system needed serious consideration given the fact that approximately 2.7 million youth out of school were neither employed or participating in any form of training. The committee intends to assist the new Department of Higher Education and Training in expanding access to Skills Development and Training during the term of the 4th Parliament. In reality, South Africa has not reaped rewards as expected from its investment in education over the past few years and the committee, together with the new Department of Higher Education and Training have embarked on a new strategy to change this perspective.

The University of Stellenbosch (US) is regarded as one of the best research innovation Institutions in Africa. The recent launch of the Sumbandila Satellite is the first of its kind from an African Institution which is the testimony to the success of the University. The committee previously had serious concerns contrary to the successes of the University. The public perception of the University as an Afrikaans Institution in the new dispensation negatively affected the image of the Institution with the majority of citizens. The poor participation of black undergraduates and the lack of cultural diversity at the Institution were among the concerns that the committee needed clarification. The committee aimed to leave the Institution with clarifications on its plans to improve the diversity and public image of the University.

1. The Delegation Mr M Fransman Chairperson (ANC), Ms M Kubayi (ANC), Mr G Lekgetho (ANC), Mr S Makhubele (ANC), Ms F Mushwana (ANC), Mr S Radebe (ANC), Mr G Boinamo (DA), Dr W James (DA), Ms N Vukuza (COPE) and Ms C Dudley (ACDP).

The University of Stellenbosch Prof R Botman: Rector & Vice-Chancellor, Prof J Smith: Vice-Rector (Community Interaction and Personnel), Prof M Fourie Vice-Rector (Teaching), Prof A van Zyl Vice-Rector (Research), Prof L van Huyssteen: Executive Director Operations and Finance, Prof T de Coning: Chief Director Strategic Initiatives and Human Resources, Dr T Fish: Vice Dean Faculty of Health Sciences, Prof M Karaan: Dean Faculty of Agricultural Sciences, Prof E van Harte: Dean Faculty of Military Science, Mrs M Moolman: Member of Council, Dr L van der Westhuizen: Member of Council, Ms E Tise: Director Library Services, Prof J Botha: Senior Director Academic Support, Dr B Leibowitz: Director Centre for Teaching and Learning, Mr L McMaster: Dean of Students, Mr M Shaikh: Senior Director Communication and Liaison, Mr G Wiese: Chairperson of the Student Representative Council and Mr T Mvlane: Member of the SRC.

Department of Higher Education and Training Prof C Sehoole: Chief Director for Higher Education Policy and Development Support.

1. Summary of the presentation Prof R Botman: Rector & Vice-Chancellor led the presentation: The committee was informed that the new management of the University was appointed in 2006 with the objective of making a difference with respect to its past. The University has the second largest number of rated researchers and is the third best performing University in terms of academic success in the country. It supports poor communities through the implementation of various projects aimed at alleviating poverty and it supports government in terms of policy advice.

Achievements ▪ Launch of the Sumbandila Satellite into space ▪ Host three of the seven National Research Fund Centres of Excellence above any other University in the country ▪ One of the top academic and research Institutions in the country ▪ Average success rate of 82% per annum ▪ The only Institution with a Faculty of Military Sciences in the country Challenges ▪ Only 4% of academic staff are black and 76% of undergraduates are whites ▪ Low throughput rate of black undergraduates ▪ Lowest recipient of the National Student Financial Aid Scheme (NSFAS) funding compared with other Universities in the country ▪ Limited infrastructure to accommodate more academic staff ▪ Insufficient strategy to attract more black prospective undergraduates to the University

1. The following formed part of the discussion ▪ The committee was concerned that most senior management posts were occupied predominantly by white academic staff and the participation of black undergraduates was low. It was argued that the vision of 2015 of the Institution was mediocre and its recruitment strategy raised concerns. It was questioned as to whether the Institution and its Council were supportive of the vision of 2015 and why the Institution failed to attract more black undergraduates. ▪ It was argued that the nature of the Institution did not relate to its vision of 2015 given the challenges relating to employment equity and access of black undergraduates to the Institution. ▪ A concern was raised regarding the lack of a database containing the details of all the drop-outs of the Institution. It was enquired as to whether there were any other mediums of instruction besides English and Afrikaans and how many students were assisted by the NSFAS bursary. ▪ The University was commended for its TB-HIV Integration Project aimed at assisting poor communities in fighting the epidemics. It was enquired whether the University had developed a vaccine to stop the spread of TB. ▪ It was observed that the public perception of the University was not positive since it was still regarded as an Afrikaans Institution and that there was under-representivity of black undergraduates and academic staff. It was questioned as to whether the culture of the Institution was conducive to black students and academic staff. ▪ A concern was raised regarding the University Council’s role in monitoring the adherence of the Institution to its policy documents. ▪ The committee commended the University on the absence of any crisis caused by students or academic staff as a result of its challenges. The committee enquired about the role and responsibilities of the Military Academy at the Institution.

2. Responses ▪ The University acknowledged the fact that its transformation had been delayed and that not enough had been achieved to change the public perception of its image as an Afrikaans Institution. The major challenge of the University is the infrastructure capacity to accommodate more black academic staff on its premises. ▪ It was noted that the University had requested more funds from NSFAS to extend its support to low income students and some students were awarded top sliced bursaries that could not meet their expenses. ▪ The committee was informed that the process of costing multilingualism is very expensive and the Institution would like further assistance to increase the number of mediums of instruction to include African languages at the Institution. ▪ It was argued that there were various contributing factors to the low participation of black undergraduates. Firstly, most low income students could not afford to study at the Institution given the low percentage of the NSFAS bursary awarded to the Institution annually and some were excluded due to the medium of instruction of the Institution. ▪ The University Council indicated that it supported the vision of 2015 and the Rector created enthusiasm in all faculties to work towards the implementation of the 2015 goals. It further argued that it was unfortunate that the language issue received a negative public response. ▪ The Military Academy provides specialised military training to students who aspire to be in the South African National Defence Force (SANDF)

3. Meeting with Student Organisations The committee was interested to know what were the key challenges of students, the role of student leadership on Campus, the student’s culture at the Institution, the relationship between black and white students especially in residences, whether student organisations were consulted before fees were increased, students’ opinion on the language issue and whether black students participated in sporting activities. The committee urged students to assist each other equitably and to promote a non racial Institution for prospective students. It further highlighted that in future a public forum would be created where all stakeholders of the Institution would be involved in debating its challenges. Issues and responses raised by students ▪ The SRC leadership created a Portfolio of Maties campaign as a symbol of integration amongst all students. The campaign was very successful since it was accepted by the majority of students. ▪ It was argued that most black and non Afrikaans speaking undergraduates have a challenge with the use of Afrikaans as one of the mediums of instruction since it is the mother tongue of the majority students. ▪ It was said that student leadership was consulted when fees were to be increased. However, other critical decisions were taken without consultation with student leadership. ▪ It emerged that some lecturers spent most of their time in undertaking their research commitments than lecturing and thus affecting students negatively. ▪ It was noted that fear of management was the main challenge of student leadership and a solution was required urgently to resolve this matter. ▪ The students emphasised clearly that the Institution did not promote racism at all. The challenge was the dominant cultural background of some students which has attached itself to the Institution. ▪ The idea of a public forum to discuss the challenges of the Institution was supported by the student leadership, since their engagement with the University management was minimal.

4. Findings The following formed part of the committee’s critical findings: ▪ The vision of 2015 targets for black academic staff and students were too low ▪ The SRC voted against the usage of a parallel medium of instruction ▪ The true impression of the Institution was not highlighted in its presentation and documents presented to the committee ▪ The Institution required more funding from NSFAS to support low income students ▪ Development and under-representivity of black and coloured students in student leadership bodies remained a major challenge ▪ The cause of the delay in employing black academic staff was due to limited infrastructure capacity and lack of funds ▪ The institution attracted more black post graduates than undergraduate students ▪ Student leadership bodies were not transparent with management regarding challenges they raised with the committee

5. Summary The oversight visit offered the committee an opportunity to interact with both management and student leadership regarding challenges faced by the University. It was clear from the presentation and documents supplied to the committee that the pace of the transformation process was very slow. There was little sense of urgency to speed up the process, the major reasons being expressed were insufficient infrastructure capacity and limited funds. On the contrary, the success of the University is undisputed given the strong academic capacity that is entrenched within the Institution. The committee expressed the need for further interaction with the Institution and the implementation of a public forum where relevant stakeholders would be involved in the decision making processes.

6. Recommendations The following formed part of the critical recommendations: ▪ The vision of 2015 document needed urgent review if the institution desired a complete transformation ▪ An inclusive Human Resource development strategy was required in order to attract more black academic staff, without reducing white academic staff already in existence ▪ Special emphasis should be placed on attracting more black undergraduates and academic support should be strengthened to ensure their success ▪ The NSFAS should increase its allocation to the University to assist more needy students with full bursaries

Report to be considered

                     THURSDAY, 19 NOVEMBER 2009

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Classification of Bills by Joint Tagging Mechanism (JTM)

(1)    The JTM in terms of Joint Rule 160(6) classified the following
     Bill as a section 75 Bill:

      a) South African Postbank Bill [B 14 – 2009] (National Assembly –
         sec 75).

National Assembly

The Speaker

1. Membership of Committees (1) The following changes have been made to the DA membership of the Portfolio Committee on Defence and Military Veterans:

   Appointed:

   Coetzee, Mr T W (Alt.)

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of International Relations and Co-operation

(a)     Amendments to the Convention on Prohibitions or Restrictions on
    the use of Certain Conventional Weapons which may be deemed to be
    excessively Injurious or to have Indiscriminate effects (CCW),
    tabled in terms of section 231(2) of the Constitution of the
    Republic of South Africa, 1996.

(b)     Explanatory Memorandum to the  Convention  on  Prohibitions  or
    Restrictions on the use of Certain Conventional Weapons  which  may
    be deemed to be excessively Injurious  or  to  have  Indiscriminate
    effects, also known as the Certain Conventional Weapons  Convention
    (CCW).

1. The Minister of Justice and Constitutional Development

   (a) Report and Financial Statements of the Represented Political Parties’ Fund for 2008-09, including the Report of the Auditor- General on the Financial Statements for 2008-09 [RP 248-2009].

   (b) Report on Monies in Trust kept in the Guardian’s Fund for 2008- 09, including the Report of the Auditor-General on Monies in Trust kept in the Guardian’s Fund for 2008-09 [RP 230-2009].

National Assembly

1. The Speaker

(a)     Report of the Public Service Commission (PSC) on the Evaluation
    of Supply Chain Management Practices within the R200 000  Threshold
    [RP 127-2009].

COMMITTEE REPORTS

National Assembly

1. REPORT OF THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES ON ITS 5 AND 6 AUGUST OVERSIGHT VISITS TO POLLSMOOR AND MALMESBURY CORRECTIONAL CENTRES IN THE WESTERN CAPE, DATED 17 NOVEMBER 2009

2. Introduction 1.1 On 5 and 6 August 2009 a delegation of the Portfolio Committee on Correctional Services undertook the Committee’s first official site visits when it visited the Pollsmoor and Malmesbury correctional centres in the Western Cape. 1.2. Most of South Africa’s correctional centres pre-date 1994 and the facilities are not conducive to the implementation of the rehabilitation and reintegration ideals and strategies contained in the 2005 White Paper on Corrections. Central to the success of these strategies is the unit management concept, which requires the division of correctional centres into small manageable units accommodating small groups of offenders that can be easily supervised and monitored. This not only limits security risks, but also facilitates the implementation of the necessary development and rehabilitation programmes, while ensuring that detention is safe and secure and that the treatment and care of offenders fall within the parameters of South Africa’s human rights framework. 1.3 The report comprises an overview of particularly the occupancy at the centres at the time of the visit, a number of the Committee’s major observations as well as comments and recommendations. It is important to note that more than anything the visits were aimed at giving the Committee opportunity to acclimatise and get to know what the day-to- day operation of a correctional facility involves, and the major challenges impeding successful service delivery by the DCS. Much of what was observed reflect challenges experienced in most centres across the country, and will serve in giving direction to the Committee’s own oversight programme and objectives for the coming four years.

3. Delegation 2.1 The delegation that visited Pollsmoor Correctional Centre on Wednesday, 5 August comprised the following Members: Mr V Smith (ANC) (Chairperson), Ms W Ngwenya (ANC), Ms M Mdaka (ANC), Mr A Fritz (DA), Mr J Selfe (DA) and Ms C Blaai (COPE). 2.2 The delegation that visited Malmesbury Correctional Centre on Thursday, 6 August comprised the following Members: Mr V Smith (ANC) - Chairperson, Ms W Ngwenya (ANC), Ms M Mdaka (ANC), Mr A Fritz (DA) and Mr J Selfe (DA).

4. Context 3.1 The Judicial Inspectorate for Correctional Services (JICS) in its 2007/08 Annual Report identified a number of challenges prevalent in South Africa’s correctional system. Chief amongst these is chronic prison overcrowding: the 237 operating correctional centres in South Africa were designed to accommodate 114 559 offenders, but at the end of January 2008 were approximately 45% overcrowded, accommodating 165 987 offenders, the bulk of whom were remand detainees. Overcrowding, coupled with, amongst others, the fact that most of the centres pre- date 1994, and were designed to merely imprison, means that implementing programmes necessary to promote rehabilitation and social- reintegration as envisioned in the White Paper on Corrections is near impossible. Prisons built to “warehouse” offenders do not lend themselves to the splitting up of offenders into manageable units, bringing about security challenges, and impeding service delivery. 3.2 The centres identified for the Committee’s first site visits were selected because they provided the opportunity to contrast the old “Apartheid” style warehouse-type correctional centres, and the newer more modern centres designed with the principles of unit management in mind. Pollsmoor, the older of the two centres was approximately 75% overcrowded at the time of the visit, and Members experienced first hand how overcrowding impacted on the DCS’ service delivery to inmates. The Medium A centre at Malmesbury on the other hand is a Centre of Excellence (CoE) that at the time of the visit was only overcrowded by 10 inmates and illustrated the positive impact unit management had on the delivery of rehabilitation and reintegration programmes, as well as on the maintenance of discipline and security.

5. Pollsmoor Correctional Centre 4.1 The Pollsmoor Management Area is situated in Tokai and comprises the following five centres: ➢ Admission Centre, accommodating largely adult male remand awaiting- trial detainees, and those offenders with further charges;

➢ Female Centre is a Centre of  Excellence  (CoE)  accommodating  female
  children, juvenile, adult unsentenced (awaiting-trial)  and  sentenced
  offenders as well as pregnant women and mothers with babies;

➢ Medium A, accommodating male child and juvenile offenders as  well  as
  those juveniles with further charges;

➢ Medium B,  accommodating  male  sentenced  offenders  and  those  with
  further charges; and

➢ Medium C, the pre-release centre accommodating  those  male  offenders
  who will be released/paroled within the next two years [not visited by
  the delegation].

4.2 The Pollsmoor management area can accommodate a total of 4 336 inmates, but on 3 August housed 7 525, 4 892 of whom were remand detainees.

1. Malmesbury Correctional Centre 5.1 The Malmesbury correctional centres visited fall within the West Coast Management Area and are situated in Malmesbury, approximately 65km outside of Cape Town in the Swartland District. Of the 3 correctional centres in the area, only the following two were visited: ➢ Medium A, which is a Centre of Excellence (CoE) accommodating only male sentenced offenders; and

➢ Medium B, accommodating male remand detainees.

5.2. The Medium A centre started operating in 1997 and was designed in accordance with unit management principles. It comprises amongst others an admission centre, six housing units (cell blocks), a hospital unit, a pre-release unit, textile workshops, sports fields and classrooms. The Medium B centre, a much older structure, was 213% overcrowded at the time of the visit. It has none of the facilities available at the Medium A centre and the remand detainees housed there spend most of their time in the grossly overcrowded cells. The Medium A centre, designed to house 1 338, housed 1 348 sentenced offenders at the time of the visit, while the Medium B centre designed for 175, housed 382 remand detainees.

1. Observations 6.1 Pollsmoor Correctional Centre 6.1.1 The Admission Centre, housing male remand detainees was grossly overcrowded with one of the cells visited sleeping 80 despite having been designed to accommodate 35. The Centre can accommodate 1 619 detainees, but on 3 August 2009 housed 4 200. The conditions are unhygienic and unhealthy with detainees spending most of their day in the cells, sharing not only the single shower and toilet per cell, but many also sharing beds.

2. At the time of the visit, the Medium A centre housed 45 unsentenced and 12 sentenced male child offenders, and the Female Centre housed 5 unsentenced and 1 sentenced female child offender, aged 15. Children are accommodated separately from the juvenile and adult population. Many of the child and juvenile remand detainees have been sentenced for petty crimes but their parents or guardians either refuse or are unable to pay the small bail amounts or fines that have been set for them. Some children were serving sentences as short as 5 days, and the process of tracing their addresses often took too much time for it to be a pointless exercise. Where it is not possible to trace their parents or the children refuse to provide physical addresses, the DCS has no choice but to detain them. While much is done to ensure that they are placed in the Department of Social Development - managed secure care centres, placement is not always possible as these facilities also have limited bed space.

3. Only 291 of the 1 246 male juveniles had been sentenced, and 742 of the 955 unsentenced male juveniles had no bail for various reasons including that they were flight risks, had committed serious crimes and were repeat offenders. The female section accommodated 64 juveniles, of whom 39 were unsentenced. As with the adult remand detainees, the unsentenced juvenile detainees did not participate in any educational, development or work programmes. Alarmingly 183 of the male juveniles had bail of less than R 1 000, and only one had bail of more than R2 000. Although the Committee is pleased that through a number of interventions introduced since Parliament’s last visit in October 2007 the figures have been reduced by 15.39%, the number of juveniles still remained too high.

4. At the time of the visit one foreign national was being detained after having been arrested for not having the necessary travel permits. Pollsmoor had no facilities to detain foreign nationals awaiting repatriation and such individuals are detained with other awaiting- trial detainees. The region transports illegal immigrants to the Lindelani repatriation centre in Johannesburg every two weeks, provided there are sufficient numbers to be transported by bus. While the management of the centre acknowledged the trauma detention with the ordinary remand population might expose illegal immigrants to, it was clear that given the gross overcrowding at the Centre and the inadequacy of the facilities, little can currently be done to address the situation.

5. The Committee found that the hospital section was well equipped and fairly well managed. At the time of the visit 58 sentenced offenders and 35 remand detainees were being hospitalised. Two wheel-chair bound sentenced offenders were permanently accommodated in this section. Inmates with multi-drug resistant tuberculosis (MDR TB) were admitted to an isolation ward. Some of the inmates hospitalised were ill enough not to pose a threat to society and could have been conditionally released to the care of a hospice or their families. Detaining someone who was wheelchair-bound or so ill he or she could not function was contrary to the principles of humane detention. The Committee acknowledges that the cost of hospice care and the fact that many of the offenders’ families are so poor they are unable to care for their ill relatives, makes conditional release nearly impossible.

6. Officials informed the delegation that sexual violence and gangsterism was particularly prevalent in the overcrowded Admission and Medium A centres, but that it was under-reported. The area did have a comprehensive anti-gang strategy but the challenge persists. Upon admission offenders are made aware of the dangers of joining prison gangs, but the fact that many offenders are already gang members upon their incarceration makes it difficult to prevent their gang activity.

7. Nutrition services at the centre are outsourced and the kitchen appeared to be well run and hygienic. In line with the legal requirements, inmates received 3 nutritionally-balanced meals a day.

8. Both sentenced male and female offenders can elect to take part in education and/or work programmes. Providing programmes to remand detainees was not possible as they were not sentenced, and could be released at any time, making participation and completion of courses difficult. All offenders can participate in work programmes provided they met certain requirements, and depending on their security classification and willingness, but some complained of being arbitrarily prohibited from working. These complaints were disputed but the centre management nevertheless undertook to follow them up. Overcrowding, staff shortage, inadequate facilities and an inadequate budget impacted on the delivery of work programmes. It was envisaged that once the Department has fully converted from a 5 day to a 7 day work week, more staff would be available and that more work programmes would then be rolled out to inmates.

9. The management of the centre complained that many offenders were not willing to attend educational programmes and could not be forced to do so. The Department of Labour (DOL) provided funds for programmes, but because offenders needed to have ID numbers to participate, many refused for fear that should they apply for identity documents, they would be linked to other crimes. The roll out of educational programmes was also limited due to the lack of facilities and shortage of teachers.

10. In the female section many offenders complained of not having been visited by their families. This was reported to be a challenge across all of the Pollsmoor centres and was the result of “an administrative bottleneck” that prevented visitations.

11. Of the 166 remand detainees in the female section for whom no bail had been set, 80% were repeat offenders. The vast majority of women spoken to had committed theft or fraud.

12. At the time of the visit Pollsmoor accommodated 8 women with babies: 1 remand detainee accused of murder and with no bail, and 7 sentenced offenders, most having committed economic crimes. There were also 9 pregnant offenders: 2 sentenced and 7 remand detainees, one with bail of only R200 which she was unable to raise. The youngest baby at the centre was 7 weeks old, and the oldest 14 months. At least two of the women were repeat offenders who felt that they had no choice but to steal in order to provide for their children and families. While the women agreed that being raised in prison had adverse effects on their babies, none of them felt able to release their children to the care of their families who were in economic dire straits already, and were not willing to have their babies fostered until their release. While all mothers with babies were accommodated in single cells, the state of the cells was a matter of concern. As lock-up time was at 14h30, mothers and babies are confined to their tiny cells for much of the day.

13. Some offenders in the female section had complained of searching being done in a manner that violates their rights. Centre management explained that searching was done in line with what was prescribed by the legislation. Thorough searching of offenders returning from court is vital as contraband is often smuggled into the Centre via offenders who had spent the day at court waiting to have their cases heard, giving them ample opportunity to interact with other members of the public as well as other offenders.

6.1.14 The Committee is pleased that efforts are underway to upgrade the Pollsmoor Correctional Centre and hopes that this will result in improved security and delivery of services to offenders. In addition three new generation correctional centres are due for completion within the next year: Vanrynsdorp (April 2010), Brandvlei (July/August 2010), Ceres (July/August 2010). These centres that are being built in accordance with unit management principles will create 2 000 additional bed spaces in the area.

6.2 Malmesbury Correctional Centre 6.2.1 The Committee was impressed by the pre-release centre where offenders are accommodated prior to their release and where they attend a number of programmes aimed at facilitating their reintegration into society. These included work programmes, weekend parole and day-orientation programmes. A restorative justice programme run by a local religious leader and a social worker assists with reconciling victims and offenders. 6.2.2 Educational programmes are run in small groups designed for maximum success. Although a total of 375 offenders had enrolled for the various educational programmes at the start of 2009, that number had been reduced to 266 due to gangsterism, loss of interest and offender transfers to other centres. The Centre currently employs 4 teachers and 8 custodial staff who are also trained teachers, but who have had no success in having their status transferred to that of teachers. At the moment there are 5 vacancies and the shortage of teachers has resulted in the Centre not being able to implement the new curriculum. The management of the Centre explained that the moratorium on appointments affected teachers too and that until that was lifted the DCS will not be able to appoint more educationalists. 6.2.3 The Centre had both a textile and a production workshop. The textile workshop provided centres across the country with prison uniforms. Offenders also received training in basic occupational skills such as cabinet-making. The activity of the workshops depends on the demand for the products and if centres in other management areas do not place orders, activity at the workshops is affected. Offenders received a very small gratuity for their participation in work programmes. 6.2.4 The management area has received approximately R5,5 million from the DOL to train offenders in various courses aimed at increasing their employability upon release. Despite the availability of funds the DCS’ implementation of such programmes is hampered by its difficulty to attract and retain artisans. Officials indicated that as was the case across the country the management area has difficulty filling their artisan vacancies. Artisans fell outside the occupational specific dispensation (OSD) for engineers and it was hoped that when the OSD for artisans was finalised the situation would improve. 6.2.5 The area’s care programmes comprise social work, psychological services, spiritual and moral development, health care and HIV/AIDS programmes. Although the intention to roll these out and deliver them is there, shortage of funds, particularly the very small allocation to the development programme, was seriously impeding delivery. 6.2.6 The Medium B Centre was grossly overcrowded. As was the case at Pollsmoor many of the detainees complained of courts postponing cases and inadequate legal representation. Some reported that although charges against them had been withdrawn by the victims, some judges refused to withdraw their cases. As was the case at Pollsmoor many of the detainees had bail set, but were unable to afford it. While complaints from offenders were dealt with internally, the Judicial Inspectorate for Correctional Services also had its role to play where complaints were lodged with them. 6.2.7 Both sentenced inmates and remand detainees made allegations of assault, intimidation and torture against correctional officials at the Centre. These were disputed and Members were assured that while inmates might not always receive the kinds of responses to complaints they wanted no assaults by officials were tolerated. The Committee nevertheless considers the allegations serious enough to warrant further investigation by the DCS. 6.2.8 Offenders in the pre-release unit complained of unfair treatment by officials and that certain offenders were given special treatment, and allowed to stay in the pre-release centre although they did not qualify for it. This allegation was disputed and the management of the Centre explained that the inmates allegedly receiving preferential treatment were in fact working at the Centre, have release dates but have been rejected by their families and therefore have no fixed address to be released to. 6.2.9 Unlike at Pollsmoor where nutrition services were outsourced, the Malmesbury correctional centres provided nutrition services and prepared food themselves. Offenders complained that meals were not nutritious. Staff explained that as they got their meat supply from local abattoirs, they could not always predict the cuts of particularly red meat they would get.

1. Comments and Recommendations 7.1 Overcrowding 7.1.1 Much of the overcrowding observed at both centres was due to large numbers of remand detainees, and the Committee is aware that this is the case at correctional centres across the country. It is clear that should remand detainees be removed from correctional centres overcrowding would be radically reduced, leaving the DCS able to focus on the implementation of its core mandate – the secure care and rehabilitation of sentenced offenders. The Committee welcomes the interventions emanating from the criminal justice review process and will have a series of interactions with experts and stakeholders to better understand the causes of and possible solutions to overcrowding. While it realises that much of the responsibility for reducing the number of remand detainees lies with the judiciary, the Committee emphasises that the DCS must impress the impact overcrowding has on the delivery of rehabilitation programmes upon cluster partners, and should if necessary take the lead in finding joint cluster solutions to the situation. The Committee will closely monitor the conversion of the 11 centres earmarked to become remand centres, and the DCS is to provide the Committee with regular updates on the progress on this and other interventions. 7.1.2 The above-mentioned intervention must be accompanied by increased efforts by the DCS to improve on its community corrections system thus making it an attractive and feasible alternative sentencing option. Increasing the use of non-custodial sentencing will not only further reduce overcrowding, but will also spare those offenders who do not pose a threat to society from the trauma of incarceration and, in the long run, reduce recidivism.

2. Health care

3. The Committee feels strongly that seriously ill inmates should not be incarcerated, not only because it is inhumane, but also because detaining inmates who, due to their medical conditions could not possibly pose a threat to society comes at a huge cost to the state. Where possible those inmates who are seriously ill should be conditionally released to hospices and the DCS should increase efforts to build partnerships in this regard. The Committee welcomes the intended review of the medical parole system, and hopes that it will bring relief to seriously ill inmates too, and not only those who are terminally ill.

4. The Committee is very concerned about the spread of communicable diseases such as TB among offenders and remand detainees accommodated in extremely overcrowded cells. Extra special care should be taken to prevent the spread of such diseases, and infected offenders and detainees should be isolated from the healthy population until there is no further risk of contamination.

5. Many of the inmates complained that they were sometimes denied medical care and were at times not referred to a medical professional when they reported that they needed medical attention. The relevant legislative provisions and policies regarding care of inmates should be adhered to at all times and offenders who request medical care or lodge complaints during the daily requests and complaints roll call should be assisted.

7.3 Education and development programmes 7.3.1 The Committee was most concerned that because remand detainees were not sentenced offenders, they could not participate in school and development programmes. While the Committee acknowledges the difficulty in coordinating such programmes for a population that is constantly in flux, it hopes that the recently constituted interdepartmental task team headed by the DCS and charged with developing a strategy for the care and treatment of remand detainees, will develop a workable solution which will ensure that time spent in remand detention will be spent much more productively. 7.3.2 Much more should be done to ensure that more offenders sign up for education and skills development programmes. The Committee acknowledges the limitations placed on the DCS by the teacher and trainer shortage, and feels that innovative solutions should be found to ensure that the necessary skills are attracted and retained. Where possible existing partnerships with other departments and non- governmental organisations (NGO) should be strengthened and new ones forged to ensure delivery of these important development programmes.

1. As stated in the Committee’s report on the DCS 2009/10 budget, the funds allocated to the care and development programmes do not speak to the DCS rehabilitation and reintegration goals. More funds should be allocated to such programmes, and strategic partnerships should be made with NGOs and other experts to ensure greater delivery on programmes aimed at providing offenders with the skills necessary to get employment or better still become self-employed.

7.4 Women with babies 7.4.1 The 2008 amendments to the Correctional Services legislation provides that babies will be allowed to stay with the mothers until they are 2 years old, and thus considered old enough to be separated from their mothers. While the lowering of the age from 5 to 2 years is welcomed, the Committee believes that further research on the impact of incarceration on very young children should be conducted and if necessary stricter guidelines should be developed for their care. Pending the outcome of such studies mothers and their babies should as far as possible be accommodated in facilities that are as near normal as possible to ensure that the negative impact on babies’ socialisation is kept to the bare minimum.

7.5 Undocumented foreign nationals 7.5.1 The Committee recommends that greater effort be made to ensure that undocumented foreigners are transported to repatriation centres more regularly, or if that is not possible, they be detained separately from remand detainees until they can be taken to repatriation centres. If necessary the DCS should consult with the Department of Home Affairs to ascertain how the current system can be improved to ensure that undocumented foreigners are not unduly exposed to the trauma of incarceration and are assisted so that they can receive the necessary services as soon as possible.

7.6 Inmate labour and privileges 7.6.1 More inmates should be involved in productive activities for the greater part of the day. The Committee recognises that the legislation currently places certain limitations on the DCS as far as its ability to enforce participation in work programmes and educational programmes, and recommends that future reviews of the legislation consider these sections carefully to ensure greater productivity on the part of offenders. Increased inmate productivity will not only be of value for their rehabilitation and reduce idleness but will also assist the DCS in becoming more self-sufficient. 7.6.2 The Committee feels strongly that privileges should be well monitored and should only be granted as part of a reward system for good behaviour and possibly participation in educational and development programmes.

7.5 Social re-integration 7.5.1 Successful reintegration is vital to prevent recidivism and is dependant on a number of factors including the success of rehabilitation and care programmes, the experience an offender has in prison, the effectiveness of the parole and community corrections system and most importantly society’s willingness to accept ex- offenders upon their release. All offenders met during the visits complained of the stigma attached to having been incarcerated. Many feel that taking part in work programmes and skills development programmes is of no use, if upon their release, the fact that they had been in prison is held against them and they are unable to secure employment. More should be done to raise awareness among the general public around social reintegration efforts. Both the public and private sectors should be engaged and dissuaded from discriminating against a person who had committed a crime and had served his sentence for it. Continued stigmatisation leads to isolation and eventually recidivism thus continuing the cycle of crime. 7.5.2 Inmates should be encouraged to maintain contact with their families while incarcerated so as to ensure that they have a family support system upon their release. Such a support system is vital to preventing recidivism. The administrative bottleneck limiting visitation at Pollsmoor Correctional Centre should be addressed as a matter of urgency. 7.5.3 Offenders should be discouraged from having their bodies tattooed, especially their faces, hands and arms. Many offenders in both Malmesbury and Pollsmoor correctional centres had elaborate tattoos on areas of their bodies that were visible and it is feared that these ‘prison tattoos’ will further hamper reintegration.

7.6 Restorative Justice 7.6.1 Despite the acknowledgement in the White Paper that restorative justice was vital to reducing and preventing recidivism, many inmates complained of very little being done by parole boards and case management committees to assist them to contact the victims or their families in order to try and restore relationships. The White Paper envisages the State as the intermediary in restorative justice efforts and victim involvement in the parole process is one possible avenue of furthering those ideals. 7.7 Treatment 7.7.1 Internal processes for maintaining discipline should never violate offenders’ human rights and should be administered fairly, consistently and within the prescripts of the correctional services legislation. It should not be administered arbitrarily and no one should receive preferential treatment. Assault by officials was unacceptable and such cases should be investigated and where necessary the appropriate action should be taken.

7.8 Children and Juvenile offenders 7.8.1 Children should be diverted or where there is no other option detained in secure care centres designed especially for them so that their specific needs can be met. While the Committee welcomes interventions put in place to reduce the number of incarcerated children, there remains a need for greater cooperation between the departments of Social Development, Justice and Constitutional Development and Correctional Services.

7.9 Integrated and co-ordinated Justice Cluster programmes 7.9.1 Far too many offenders and remand detainees are incarcerated simply because they cannot afford bail amounts or fines set by courts. Considering that it costs approximately R198 to accommodate an offender for one day, detaining people with fines or bail amounts as little as R300 who have committed petty crimes and do not pose a threat to society for any period is scarcely justifiable. The DCS should ensure that heads of prisons make use of section 63A of the Criminal Procure Act allowing them to apply to the court for the release of suspects on a warning rather than bail, or to have their bail conditions changed. The 2008 Cabinet-approved bail protocol was aimed at further promoting the use of this provision, but unfortunately it appears still to be under-utilised by heads of centres.

7.10 Facilities 7.10.1 The Committee acknowledges the considerable pressure outdated facilities place on the delivery of services to inmates as well as on security within centres. It welcomes the plans to revamp some parts of the Pollsmoor Correctional Centre, and especially the soon to be completed new generation centres referred to above. It is impossible for the DCS to replace all existing prisons with new generation ones, but everything must be done to ensure that maintenance of the existing structures is not neglected. The Committee recommends that the relationship between DCS and Department of Public Works (DPW) be strengthened so that maintenance is done speedily and that on their part, facilities are preserved.

1. Conclusion 8.1 If anything the visits made clear that the solutions to the challenges faced by the DCS will depend on the level of cooperation between relevant departments, and particularly a well functioning integrated justice system as well as increased societal involvement. The White Paper on Corrections emphasises corrections as a societal responsibility and therefore the DCS must, through measures including strategic partnerships with the NGO sector and community-based organisations, increase its efforts to create public awareness around parole, social reintegration and the impact of stigmatisation of ex- offenders. The Committee, recognising its own responsibility in this regard will do its best to facilitate public participation in debates around correctional services-related issues.

2. Acknowledgement The Committee would like to express its appreciation for the co- operation of the management of the Department’s Western Cape region and specifically that of the officials at the centres visited. Report to be considered.

3. Report of the Portfolio Committee on Trade and Industry on the appointment of the Chairperson and Board Members for the National Lotteries Board, dated 6 November 2009:

The Portfolio Committee on Trade and Industry, having received the request from the Minister of Trade and Industry (the Minister), dated 9 September 2009, that the relevant Assembly committee recommends a suitable person(s) for appointment as chairperson of the National Lotteries Board in terms of section 3(3) of the Lotteries Act, 1997 (Act No. 57 of 1997) (hereinafter referred to as “the Act”), and a further request from the Minister, dated 19 September 2009, that the relevant Assembly committee recommend candidates who comply with section 3(1)(c) and 3 (2) of the Act for appointment as members of the National Lotteries Board, reports as follow:

The Minister invited nominations of persons as candidates to be appointed as members of the National Lotteries Board as contemplated in section 3 of the Act (see Government Gazette, Notice 756 of 2008 and Notice 874 of 2009).

During deliberations on the short-listing for the position of chairperson of the National Lotteries Board by the Committee, it became apparent that there were several issues arising based on discrepancies in the Act. The Committee resolved to establish a sub-committee to address these issues and recommend a way forward. The Committee nominated Mr Sisa Njikelana, Ms Seeng Lebenya and Mr Andricus van der Westhuizen to serve on the sub- committee and the Chairperson:

The following terms of reference for the sub-committee were agreed to by the Committee. The sub-committee should:

1. Identify possible conflicts within current legislation in terms of appointing Board members and the chairperson of the Board, including the streamlining of the appointment of the members of the Board before appointing a Chairperson.
2. Determine the possibility of amending the legislation before appointing the Chairperson.
3. Get clarity on the Minister’s position with regard to his preference for either a full-time or a part-time chairperson.
4. Determine whether the Committee’s recommendations are binding on the Minister.
5. Develop the process and criteria for appointing the Chairperson.
6. Facilitate the short-listing process.

The sub-committee met on 16 September 2009 and submitted the following recommendations for consideration by the Committee on 23 September 2009:

1. Given the request by the Minister that the relevant Assembly committee recommend candidates who comply with sections 3(1)(c) and 3 (2) of the Act for appointment as members of the National Lotteries Board, the Committee should proceed to nominate board members as well as a person for appointment as Chairperson and make the necessary recommendations to the Minister.

2. The Committee should thoroughly review current legislation as a separate process which should include amendments related to the appointment of the members of the Board and the Chairperson, the recourse and possible removal of non-performing Board members and a further extension of the Board’s term to allow for the change over between Boards.

3. The Committee should consider the proposed process and criteria for the appointment of the Board, including the Chairperson.
4. The Committee, upon adoption of the sub-committees’ recommendations, should determine whether to establish a sub-committee to finalise a short- list and develop an interview questionnaire for presentation to the Committee.

On 23 September 2009, the Committee agreed that the multi-party sub- committee consisting of Mr Sisa Njikelana, Ms Seeng Lebenya and Mr Andricus van der Westhuizen be retained and be requested to:

1. Prepare a shortlist of candidates using the criteria adopted by the Committee, including a representivity issues such as race, gender and people with disability as well as individuals with an understanding of rural areas;
2. Develop a set of questions; and
3. Submit the shortlist and questions to the Committee for consideration.

The Department of Trade and Industry submitted CVs of 84 candidates for the sub-committee to consider. On 14 October 2009, the sub-committee submitted its shortlist and questions to the Committee for consideration. The Committee agreed to the questions and the following shortlist of 23 candidates for the position of Chairperson and members of the National Lotteries Board.

1. Ms Mangwashi Victoria Phiyega
2. Mr Ratha Krishnan Nayager
3. Mr Johannes Collen Weapond
4. Mr Govindasamy (Govin) Reddy
5. Mr Petrus Jacobus (Pieter) Badenhorst
6. Mr Kgabo Gabriel Mapotse
7. Mr Mandla Ambrose Letlape
8. Ms Gaylene Anne Deiner
9. Mr Lionel Brenner
10. Prof Ntshengedzeni Alfred Nevhutanda
11. Mr Muzi Nkosi
12. Mr Marshall Mthetho Mncedisi Swana
13. Mr George Maanda Negota
14. Ms Ndileka Eumera Portia Loyilane
15. Mr Jerry Dimotana Thibedi
16. Mr Maropeng Stephens Bahula
17. Mr Thembela Andrew Simelane
18. Mr Sonwabile Mancotywa
19. Ms Kealeboga Elizabeth Moloto-Stofile
20. Mr Vusumuzi Reuben Sinky Ngobe Nkosi
21. Mr Alan David Beesley
22. Mr Obed Muzikayifani Shabangu
23. Ms Mathukana Mokoka

Prior to the commencement of the interviews, Mr Alan Beesley declined his nomination due to the fact that he is currently employed by a NGO that would be submitting funding requests in future to the National Lotteries Board.

After having considered and adopted the shortlist, the Committee interviewed the candidates on 27, 28, 30 October 2009 and 2 November 2009.

On 3 November 2009, the Committee began its deliberations on the matter. The Committee continued its deliberations on 4 November 2009 during which four nominees, Prof N Nevhutanda for position of Chairperson, Mr G Negota to fulfill the requirements for a legal practitioner, Ms M Mokoka to fulfill the requirements for a chartered accountant, and Mr G Reddy was agreed to. Two further candidates had yet to be decided upon.

On 6 November 2009, after vigorous deliberations by the Committee, the Democratic Alliance indicated that they could not continue with the process and withdrew. The nominations were duly moved and seconded for Mr O Shabangu and Ms N Loyilane. In the absence of any other nominations, the motion was adopted. The IFP noted its objections.

The Committee therefore recommends that the following candidate be appointed as Chairperson of the National Lotteries Board:

Prof Ntshengedzeni Alfred Nevhutanda

The Committee further recommends that the following candidates be appointed as members of the National Lotteries Board:

Mr George Maanda Negota Ms Mathukana Mokoka Mr Govindasamy Reddy Mr Obed Muzikayifani Shabangu Ms Ndileka Eumera Portia Loyilane

                      FRIDAY, 27 NOVEMBER 2009

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Assent by President in respect of Bills

   1) Local Government: Municipal Property Rates Amendment Bill [B 12 – 2009] – Act No 19 of 2009 (assented to and signed by President on 24 November 2009).

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a)     Report of the Auditor-General on a  performance  audit  of  the
    rehabilitation of abandoned mines at the Department of Minerals and
    Energy [RP 257-2009].


(b)     Report  of  the  Auditor-General  on  a  performance  audit  of
    projects that are funded by the  National  Development  Agency  [RP
    258/2009].


 c) Report of the Public Protector  on  Systematic  Investigation  into
    allegations of poor  service  delivery  by  the  Compensation  Fund
    [Report No 28 of 2009-2010].

1. The Minister of Agriculture, Forestry and Fisheries

(a)     Government Notice No R. 466 published in Government Gazette  No
    32185 dated 29 April 2009: Draft Regulations on the National Forest
    Act, 1998 (Act No 84 of 1998)

1. The Minister of Energy

(a)     Membership of  South  Africa  to  the  International  Renewable
    Energy Agency (IRENA), tabled in terms of  section  231(2)  of  the
    Constitution, 1996.


(b)     Explanatory Memorandum to the Membership of South Africa to the
    International Renewable Energy Agency (IRENA).

National Assembly

1. The Speaker

(a) Reply from the Minister of Finance to recommendations in the Joint Report of the Standing Committee on Finance and the Portfolio Committee on Economic Development on Budget Vote No 7: National Treasury, and the 2009-12 Strategic Plan (Update) of National Treasury and the 2009-12 Strategic Plan of the South African Revenue Services (Sars), as adopted by the House on 25 August 2009.

   Referred to the Standing Committee on Finance and the Portfolio
   Committee on Economic Development.


b) Letter from the Minister of Higher Education and Training dated 26
   November 2009, to the Speaker of the National Assembly explaining
   the delay in the submission of the Annual Report of the National
   Student Financial Aid Scheme for 2008-2009.

   Late Tabling of the National Student Financial Aid Scheme Annual
   Report for 2008/09


   The Annual Report of the NSFAS for the 2008/09 financial year has
   not been tabled in Parliament by 30 September 2009, as required in
   terms of section 65 of the Public Finance Management Act, 1999
   (PFMA). The reason for the delay in submitting the Annual Report was
   due to the late finalisation of the Audit Report by the Auditor-
   General in the interest of improving accountability and finalising
   internal processes to ensure high quality standards of reporting are
   maintained. The delay was acknowledged by the Auditor-General on
   page 51 of the annual report.


   However, the annual report which included the financial statements
   and audit report was submitted to Parliament on 30 September 2009.
   Due to the Parliamentary recess from 28 September 2009 to 2 October
   2009, the annual report could only be tabled on 16 October 2009.




   Yours sincerely

   signed
   Dr B E Nzimande, MP
   Minister of Higher Education and Training

COMMITTEE REPORTS

National Assembly

1. Report of the Portfolio Committee on Mineral Resources on the oversight visits in four Provinces to investigate illegal mining activities, dated 18 November 2009:

The Portfolio Committee on Mineral Resources, having undertaken oversight visits on 11 – 14 August 2009 in four Provinces to investigate illegal mining activities, reports as follows:

1. Introduction

The Portfolio Committee on Mineral Resources, on 7 and 8 July 2009, held public hearings in Parliament to investigate the death in early June 2009 of over 86 suspected illegal miners at Harmony Gold Mine in Welkom, Free State. Major stakeholders, including the Department of Mineral Resources, the Chamber of Mines, mine houses, trade unions and civic organisations, participated in the hearings. Arising from the hearings the Committee agreed to undertake oversight visits on 11- 14 August, 2009, to some of the affected mines.

 2. Composition of Delegation:


• Mr F Gona (Chairperson and Leader of Delegation) (ANC)
• Ms F Mathibela (ANC)
• Prof  L B G Ndabandaba  (ANC)
• Ms L Moss (ANC)
• Mr L C Gololo (ANC)
• Mr E J Marais (DA)
• Mr E J Lucas (IFP)
• Mr J Ramrock ( Committee Secretary)
• Mr K Lobi (Committee Assistant)
• Ms L Molefe ( Parliament Media Officer)

1. Harmony Gold Mine, Welkom, Free State Province

3.1 Officials present

The Department of Mineral Resources (DMR) was represented by:

  • Mr Thabo Gazi: Chief Inspector of Mines,
  • Mr David Msiza: Deputy Inspector of Mines,
  • Mr J Bezuidenhout: Principal Inspector of Mines,
  • Mr Aubrey Tshivhandekano
  • Mr Deon Mathee, and
  • Mr Zakhele Hlongwane: Parliamentary Officer.

The South African Police Services (SAPS) was represented by: • Provincial Commissioner A Mashego, • Commissioner N Mojafe • Director S Tshimane • Senior Superintendent A Foley, and • Captain K Hibert.

Harmony Gold Mine was represented by:

• Mr Johan Hennop,
• Mr Wessel Cronje,
• Mr Ambrose Khuzwayo,
• Mr Enock Moalosi,
• Mr Anton Buthelezi,
• Ms Estelle Cilliers,
• Mr Lebohang Shabe and
• Mr Melville Crafford.

The National Union of Mineworkers was represented by:

  • Mr Lucky Mazibuko,
  • Mr E M Olehile,
  • Mr M Mataboye.
  • Mr Eric Gcilitshane
  • Mr James Mbantwa
  • Mr Patrick Hlabizulu    Solidarity Union was represented by:


  • Mr Paul Mardon: Head: Occupational Health and Safety

3.2 Overview and Proceedings

Harmony Mines presentation

Harmony representatives made a presentation to the delegation on the extent of illegal mining activities at the mine. Frequent joint security operations involving SAPS and mine security have been conducted to try and ‘flush-out’ illegal miners from their underground hide-outs. This has unfortunately produced minimum results. The inter-linking of shafts from one mine to another makes it very difficult to control and contain the problem. An additional concern, to the company, is the increasingly high number of Harmony employees participating in these illegal activities. More than 29 employees, including management, were charged and disciplined in July 2009 bringing the total figure to 150. This is in comparison to 64 in 2007 and 80 in 2008. Overall figures also show a tremendous rise in the number of arrests of illegal miners. In 2007, 473 were arrested; in 2008 the number almost doubled to 757 and the current figure in July 2009 was

1. A similar trend is evidenced in the number of illegal miners killed in underground activities: 36 in 2007 and 105 in July 2009. Most of the illegal miners are foreigners from neighboring countries recruited under false promises who end up being trained at hostels like G-hostel. G-hostel has been raided by special units of SAPS a number of times, but still remains the main hub for these illegal mining activities.

The participation of members of SAPS and their crime intelligence unit in these criminal activities was also highlighted by Harmony and confirmed by officials of SAPS at the presentation. Future security operations will be conducted by SAPS units from outside the Free State because of suspicion of the involvement of the local SAPS in criminal mining activities. The involvement of mine security personnel and supervisors in these crimes have led to a number of them being arrested and others face disciplinary actions.

The company also screened a video tape to the Delegation that showed how mine employees were intimidated and viciously beaten by illegal miners. The tape also showed how corrupt employees were caught with food and other items strapped to their waist, to be sold underground to the criminals. Some illegal miners remain underground for up to six months before emerging to the surface. Young boys and women are also taken underground for prostitution by these criminals.

SAPS, in their briefing, mentioned that the real targets behind the funding of these criminals are based in Johannesburg and are not affected by the arrest of individual criminals. The kingpins, who represent the top level of the criminal hierarchy, remain untouched, whereas the lower levels of these syndicates bear the brunt of the law. These syndicates are highly organised and dangerous. The SAPS stated that the illicit product is purchased by legal gold selling houses and sold on the international market unhindered.

The Delegation was prevented by Harmony Mine officials from going down any of the shafts. The company claimed that they were not made aware of the request and therefore prior security arrangements were not made. The Delegation was not satisfied with this response. The Delegation was provided with inadequate protection and advised, therefore, by the DMR not to proceed to the shafts because of potential health and safety hazards. The Department received an intelligent alert that Members will be held hostage by the criminals if they go underground.

3.3 Visit to Masimong shaft The Delegation was also taken to one of the main entrance shafts (Masimong) at Harmony and shown how the security system has been upgraded to try and control access to the mine. Biometrics hand scanners have been introduced and the clocking system was upgraded. CCTV is operational at all turnstile gates and a scanner will be installed at the main intake center to screen all new recruits and prevent convicted persons from being employed. The illegal miners used closed small goods locomotives to exit shafts with stolen goods.

3.4 Visit to G-hostel

Members of the Provincial Portfolio Committee on Public Works joined the Delegation on their visit to G-hostel and undertook to do further oversight work in the area and share the outcome with the Delegation. The Delegation, escorted by the SAPS, made a short visit to G-hostel to try and get a better perspective on the activities related to illegal mining. The criminals were able to scatter a few seconds before the police could pounce on them. In their haste to escape they abandoned their equipment, which included trays filled with stolen gold bearing material ready to be processed. The Delegation saw the problem first hand when one person was arrested for being in possession of narcotics. G-hostel is owned and managed by the municipality and is supposed to accommodate municipal employees and their families. The hostel residents complained to the Delegation that the local authorities were not concerned with their problems. The retrenchment of mine workers and others in the area resulted in a huge increase of residents. Foreigners practicing criminal activities also contributed to the increase in numbers. According to the SAPS many of the residents are involved in illegal activities, including the illegal selling of drugs, liquor and firearms. The living conditions of residents are very poor and most of the roads are strewn with sewerage and potholes are evident. G- hostel also poses serious health hazards to the inhabitants and contributes to low levels of learning in schools in the area and those schools situated nearby.

1. Impala Platinum Mine, Rustenburg, North West Province

The visit to Impala Platinum Mine in Rustenburg was informed by the death of nine mine workers in an incident in late July 2009. The incident was still under investigation during the visit.

4.1 Officials present

Impala Platinum Mine was represented by:

  • Mr. Paul Dunne: Operations Executive
  • Mr. Frikkie Holl: General Manager
  • Mr. John Siemens: Mine Manager


  Health and Safety Representatives

The Department of Mineral Resources was represented by:

• Mr. Thabo Gazi: Chief Inspector of Mines
• Mr. David Msiza: Deputy Chief Inspector of Mines
• Mr. Thabo Ngwenya: Principal Inspector of Mines
• Mr Zakhele Hlongwane: Parliamentary Officer

The National Union of Mineworkers (NUM) was represented by:

• Mr. Lucky Mazibuko,
• Mr. Edwin M Olehle,
• Mr. M Mataboye,
• Mr. D M Mokgetsi,
• Mr. M D Madiketsi,
• Mr. G N Melakotso,
• Mr. T L Setlhabi,
• Mr. D L Rampou,
• Mr. T M Masilo,
• Mr. P Moilwa,
• Mr. S Dokolwana,
• Mr. S Rasolo, and
• Mr. I C Lesunye.

Solidarity Union was represented by:

• Mr. Paul Mardon: Head: Occupational Health and Safety

4.2 Overview and Proceedings

Department of Mineral Resources

Mr. T Ngwenya from the Department of Mineral Resources made a presentation on the Department’s perspective on the possible causes of the incident. He mentioned that there was a reduction in mine fatalities, from 66 in 2007 to 48 in 2008. The Department suspects, though, that some of the big mining companies are resorting to cost-cutting measures on mine health and safety standards to try and contain the current economic situation. Meetings were held with mining houses on this. Seismicity used to be a problem confined mostly to the gold producing industry, but it now includes platinum mining as well. Silicosis and noise induced hearing loss are some of the major illnesses experienced by mineworkers. Most of the fatalities, in the mines, are caused by Fall Of Ground (FOG), transportation and mining and machinery. It is believed that up to 95% of all mine incidents are preventable, including the recent one at Impala where 9 mineworkers lost their lives.

Investigations conducted on the incident by DMR pointed to gravity induced Fall Of Ground (FOG) accident and seismicity was not suspected. The incident originated from a weak side of a joint, where some hydra bolts apparently snapped. The FOG was thicker than the length of the hydra bolts.

The Department immediately conducted an in loco inspection and issued a notification in terms of section 54 of the Mine Health Safety Act (MHSA) on the same day. The section empowers an inspector to halt or suspend mine operations. Impala was further instructed to:

a) engage an external independent rock engineering expert; b) audit rock-related hazards in all working places; and c) review the Prevention Code of Practice and Procedure on FOG before any production work.

The Department, together with organised labour, mine management and experts, met almost daily before a withdrawal of the instruction, was issued. Some of the challenges that the Department still experiences with the mining sector, include:

• minimal prosecutions in mine accidents,
• non-adherence to mine standards and procedures,
• repeat accidents,
• drilling (by mine companies) into highly pressurized gas pockets,
• reluctance to investigate occupational diseases,
• exposure to blasting fumes, and
• unsafe working places declared safe.

The Department has instituted an investigation and the report is expected in two months time followed by a full enquiry on the incident.

4.3 Impala Platinum Mine

Mr. Frikkie Holl from Impala Platinum Mine shared the views of the company on the accident with the Delegation. Impala immediately dispatched a high powered team, which included senior management to the site of the accident. This was the worst accident experienced at Impala. The deceased miners were all rock drill operators. It was reported to Impala Management that the nine workers started their shift, after being given the go-ahead by their supervisor. The supervisor, when noticing the possible hazard at the work area, felt that re-enforcing the pillages of the mine shaft ceiling (mining roof bolt) would help. The assessment of the shift-boss (senior supervisor) 3 hours later, after inspecting the work area, was that the area was dangerous and instructed evacuation to another more secure work area. The FOG accident happened during the evacuation period. Impala Mine, as a result of the accident, has introduced new preventative measures, including changing production methods and strengthening routine inspection to prevent a future re-occurrence of the accident. The Delegation interrogated the presentation extensively and assured the company that the Committee will follow the investigation and enquiry closely. South Africa fared badly in comparative studies (Canada, England and Australia) on health and safety standards in mines. The Committee will make sure that the legislative measures that the Mine Health and Safety Act, as amended, allow be applied strictly in cases where violations occurred. The Chairperson commended Impala for the forward-looking steps they took since the accident. A moment of silence was observed by the meeting for the miners that died.

1. Barberton Gold Mine, Barberton, Mpumalanga

5.1 Officials present

Department of Mineral Resources was represented by:

  • Mr. Louis Bezuidenhout: Principal Inspector, and
  • Mr. Mthokozisi Zondi: Regional Operations Manager
  • Mr. Zakhele Hlongwane: Parliamentary Officer

Solidarity represented by:

  • Mr. Paul Mardon: Head: Occupational Health and Safety

SAPS represented by:

  • Mr. Rudi Neethling: Head: Detectives,
  • CJ Ndubane: Communications Officer

NUM represented by:

• Mr. Derrick Magagula: Chairperson, Barberton branch

Community represented by:

• Pastor Humphrey Gininda: Community Police Forum

Barberton Mine represented by:

• Mr. Martine Jooste: Chief Security Officer,
• Mr. Roy Deysel: Security Manager,
• Mr. Mario Gericke: Technical Director,
• Mr. Jan Nelson: Director,
• Ms Thandeka Ncube: Director: Group Transformation,
• Mr. Musa Nkambule: Community Liaison Officer,
• Mr. G van Aswegen: Shaduka shaft representative and
  Health and Safety representatives

5.2 Barberton Gold Mine

The Delegation traveled to Barberton Gold Mine in Mpumalanga where Mr. Roy Deysel, Barberton Mines Security manager, made a presentation on the experiences of the company with illegal miners. Criminal miners have been operating at Barberton mine since 2000/2001. The mine has observed a large increase in the number of these criminals and their activities. These activities have not only become more brazen, organised and aggressive, but also more violent. The criminals are well armed with AK-47s, shotguns, 9mm pistols, R1 and R5 assault rifles. Employees, security guards and SAPS are now regularly threatened and assaulted. The activities of the illegal miners threaten the safety of employees underground. These criminals have been linked with illicit trafficking in firearms and proceeds derived from activities identified as sources of financing for terrorist activities. The United Nations Office on Drugs and Crime increasingly recognizes illicit trafficking in precious metals as one of the profit-generating activities of organised criminal groups. Gold and gold-bearing ore are now stolen everyday. Syndicates are equipping, arming and financing these criminal miners. Legitimate gold merchants in Johannesburg are ultimately involved by assisting with “gold laundering”. Barberton Mine loses in excess of R3 million worth of gold per month, while increased security cost the company R1 million per month. The loss of tax revenue for government exceeds R1.1 million per month. The influx of illegal immigrants and criminals to the area led to an increase in violent activities - seven illegal miners were shot and killed recently by other gangs for their gold. The police were shot at and some injured during an underground raid and as a result are no longer providing assistance with underground operations. Nearly 700 criminal miners were arrested in the past 12 months, with 340 being successfully prosecuted while 355 cases are still pending.

The criminals also make use of company locomotives to force their way out of the shafts.

In one particular case, during a security raid where a number of illegal miners were arrested, it was discovered that among those arrested were Harmony mine employees that were on leave. The company has increased its number of security guards and has 115 CCTV cameras at working areas. Disused entrances have also been sealed. It has instituted biometric/fingerprint access control and embarked on other security measures to try and prevent the criminals from gaining entrance to the mine. In one other case reported recently a criminal miner was killed and two injured underground when they fell down a steep ore pass when the ladders broke. According to the injured they were a group of nine but the front six managed to get out safely. They were from Matsulu town which is about 70km from the mine. This shows the extent of the influx from outside communities. The injured criminals also reported that there was another group still underground in that same area.

Further escalation of the illegal mining activities may result in the possible closure of mining activities. The impact of such steps could have a crippling affect on the community in general. Barberton Mine estimates that the number of criminal miners underground at certain times is in excess of 500, and they remain underground for five days and longer.

Reports from the police are that some of the most influential “bosses” earn in excess of one million rand per year. The organised groups consist of 4 to 30 members. Illegal gold buyers/illegal miners established their own protection groups which resulted in a number of deaths underground.

The SAPS representative also spoke of the small number of members operating in the province. The Delegation noted that this was a possible factor in the difficulty of arresting the situation.

The current legislation is not sufficient to curb the illegal activities of these criminals and should be reviewed. Most are charged under the Trespass Act which carries a fine not exceeding R2000. What are required are a more coordinated approach and the involvement of the National Intervention Unit and Task Force as well as the newly established Directorate of Priority Crime Investigations (The Hawks). The mine also showed the Delegation a video cassette in which mine security and a large number of illegal miners armed with AK 47s were involved in an underground shoot-out. Shoot – outs between different gangs causing number of casualties has become daily occurrence. It was reported by a member of the police forum that the illegal miners do their gold processing from underneath a bridge in the area. The Delegation, including organised labour and civil representatives questioned extensively on the presentation. The company agreed that more should be done to motivate the community to provide information on criminal activities in the area.

The Delegation observed that the situation in Barberton was not only unique but also very dangerous. In Barberton the criminals steal mining equipment openly. They also compete directly in the same shaft with the company for the gold. According to the Chief Inspector Directorate of 1999, mining companies must withdraw and wait for between 3-4 hours after blasting for re-entry and to resume operations. This is mostly to prevent possible rock fall accidents and the inhaling of toxic fumes. It is during this period that the criminals start their illegal activities with the stealing of mining produce and equipment. The Chairperson assured Barberton mine that the Committee will review the current legislation including the MHS Act and will make amendments to the Act if necessary. The Committee expressed concern regarding the directive from police management disallowing the police from engaging the criminals in underground operations.

1. Coronation Coal Mine, Vryheid, KwaZulu-Natal

The Delegation was taken to Coronation Community Center, where members of the community raised their concerns on mostly social issues. The closure of the mine a few years ago contributed towards an increase in the number of criminal activities in the area, including illegal mining. Former mine workers were also not paid for work done during the time that the mine was operating. The village was supposed to be serviced by the local municipality but this was not happening. The desperate situation that members of the community find themselves in was being exploited by certain individuals from outside who encourage and fund illegal mining.

6.1 Officials present

Department of Mineral Resources was represented by:

• Mr. Mthokozisi Zondi
• Mr. Jolly Mbatha

NUM was represented by:

  • Mr. Sifiso Nkosi

Solidarity was represented by:

   • Mr. Paul Mardon: Head: Occupational Health and Safety

The Vryheid Community was represented by:

   • Mr. A M Masondo: Councillor: Abaqulusi Municipality
   • Mr D Thabethe, community member

6.2 Kwanotshelwa village

The Delegation was taken to Kwanotshelwa village, a few kilometers from Coronation mine, and shown where the illegal miners were operating in the processing of high grade coal. The site is a stone’s throw away from nearby houses. The fumes, released with the burning of the anthracite coal, have health consequences for the nearby community. People have complained of suffering from respiratory and other related illnesses. The Delegation observed that most of the produce derived from illegal mining is utilized for domestic use and the rest are sold to the community for domestic use. The DMR will be encouraged to investigate whether this subsistence mining should be nurtured.

1. Conclusion

The country has lost so far more than 200 lives as a result of illegal mining. More than R5.6 billion in revenue is lost every year. The prevalence of markets, both local and international, for illicit gold, is a determining factor in the fight against these criminal activities.

The Portfolio Committee on Mineral Resources, having considered the written and oral submissions made by individuals and organisations at both the public hearings and the oversight visits, notes the following:

The presentations centered on a number of key concerns:

   - illegal miners included foreigners;
   - growing use of violence and firearms by illegal miners;
   - involvement of mine employees, management and mine security;
   - involvement of corrupt SAPS members;
   - the frequent arrest of lower rank criminals;
   - the need to pursue syndicate heads;
   - the need to tighten current legislation; and
   - the need to investigate markets for illicit minerals.

While there is consensus regarding the challenges and some of the solutions amongst the organisations, there are also differences in the approaches to address the respective situations.

  8.    Recommendations


  The  Portfolio  Committee  on  Mineral  Resources  hereby  makes  the
  following recommendations:


  8.1   Legislation


  The Committee, concerned with possible gaps  in  current  mining  and
  related  legislation,  recommends  that  the  Department  of  Mineral
  Resources consider amending:

   • Regulation 3.1.1 of  the  Minerals  Act,  1991,  which  deals  with
     unauthorized entry at a mine, in order to increase  the  punishment
     to 12-30 months imprisonment;


   • Section 143 of the Precious Metals Act, which prohibits the buying,
     selling, deal in, receiving or disposing of any unwrought  precious
     metals in order to increase the sentence from a fine  of  R2000  or
     six months imprisonment, to a minimum fine  of  R50,  000   with  a
     maximum fine of R500,000 or 10 years imprisonment.


   • The Mine Health and Safety Amendment Act to increase the  fine  for
     non-compliance by mine houses in respect  of  the  safe-keeping  of
     explosives from the current R200  000  to  a  maximum  fine  of  R1
     million.

DMR should engage the Department of Justice and Constitutional Development to consider amending the Trespass Act in order to increase the sentence for violation to R10, 000 fine or 10 years imprisonment.

 8.2    Foreign illegal miners


 The Committee, concerned with the large number  of  illegal  foreigners
 participating in illegal mining and other related criminal  activities,
 recommends that DMR engage the Department of Home  Affairs  to  tighten
 border controls and halt illegal immigration.


 8.3    SAPS


 Regarding the alleged corrupt  members  of  SAPS  involved  in  illegal
 mining activities, the Committee  recommends  that  the  Department  of
 Mineral Resources engage the Department of Justice  and  Constitutional
 Development and the Department of Police for  advice  on  the  possible
 prosecution and sentencing of the corrupt officials. The Committee also
 recommends improving  the  co-operation  and  exchange  of  information
 between securities at mining houses, SAPS,  SANDF,  NIA.  NPA  and  the
 Justice Department towards the  arrest  and  prosecution  of  syndicate
 kingpins hiding in areas like Northcliff in Johannesburg.
 The Committee recommends that DMR engage the Department  of  Trade  and
 Industry (DTI) to assist  in  investigating  who  are  the  traders  of
 illicit gold in Johannesburg and that their licenses are revoked.


 8.4    Mine employees


 The Committee, concerned with the participation of  mine  employees  in
 illegal  mining  activities,  recommends  improving  the   co-operation
 between mine houses and organised labour on the dangers associated with
 this criminal activity. Trade Unions should  discourage  their  members
 from participating or supporting illegal mining.


    5. Mine Companies


 The Committee believed that the responsibility of access to mines  rest
 with mine owners. Mothballed shafts at mines  in  the  Free  State  and
 elsewhere are sealed off, thereby  making  it  difficult  for  criminal
 mining. The Committee recommends that DMR hold mine owners  accountable
 for the maintenance of security at all access points to the mines.  The
 Committee further recommends to DMR and mine companies that small scale
 mining be encouraged before a mine  is  abandoned  to  prevent  illegal
 mining activities.


    6. G- hostel


The Committee, concerned with the appalling  living  conditions  in  G-
hostel, the huge backlog in the provision of housing and mindful of the
separations  of  power,  recommends  that   DMR   engage   the   Welkom
Municipality to consider converting the hostel into single family units
and that the conversion be completed by the end of 2011.
    7. Coronation Mine


The Committee further recommends that the DMR advocate the fencing  off
of the open cast coal shafts.


 9.     Acknowledgement


 The Committee wishes to thank all the stakeholders who participated  in
 both the public hearings and the oversight visits. Their  insights  and
 contributions assisted the Committee in  grasping  the  extent  of  the
 illegal mining activities carried out by criminals. The  Committee,  in
 particular, wishes to commend the Department of Mineral Resources (DMR)
 and Organised Labour  (NUM  and  Solidarity)  for  the  commitment  and
 support provided during  the  public  hearings  and  oversight  visits.
 Special thanks also to Sister Linda and staff of  the  Catholic  Church
 School in Vryheid, KwaZulu-Natal  for  the  hospitality  they  extended
 towards the Committee.


 Report to be considered.

1. REPORT OF THE PORTFOLIO COMMITTEE ON HIGHER EDUCATION AND TRAINING ON ITS OVERSIGHT VISIT TO GIYANI, LIMPOPO PROVINCE, DATED 18 NOVEMBER 2009

The Portfolio Committee on Higher Education and Training, having undertaken an oversight visit to Giyani from 06 - 09 October 2009, reports as follows:

1. Introduction The Portfolio Committee on Higher Education and Training undertook an oversight visit to Giyani on 06 – 09 October 2009. The committee in line with the statement made by the President during the State of the Nation Address (SONA) that identified the Greater Giyani Municipality as a focus area for rural development, agreed to conduct an oversight visit to Giyani to contribute to the Further Education and Training (FET) and adult education sectors of the area. The main objectives of the visit were two fold: firstly, to assess the status of Further Education and Training, to identify gaps and areas of improvement in order to contribute to the development of intervention strategies, and secondly, to assess progress made in the implementation of the Kha Ri Gude Mass Literacy Campaign that was launched nationally in 2008 with the intention of improving literacy and numeracy.

The Committee met with the Provincial Department of Education, Letaba FET College, Mopani District and Greater Giyani Municipalities where it was briefed on various aspects pertaining to Further Education and Training, Skills Development, Adult Basic Education and Training (ABET) and Khari Gude in the Giyani area. This was followed by site visits to identified ABET and Kha Ri Gude centres and the former Giyani College of Education.

This report provides a summary of the presentations made to the Committee, the responses of the delegation, its key findings and recommendations with respect to the objectives of the visit.

1. Delegation 2.1 Parliament The multi-party delegation from the Portfolio Committee on Higher Education and Training comprised of Mr M Fransman MP (ANC) Chairperson, Ms N Gina MP (ANC), Mr G Lekgetho MP (ANC), Mr S Makhubele MP (ANC), Ms F Mushwana MP (ANC), Ms W Nelson MP (ANC), Mr S Radebe MP (ANC), Mr G Boinamo MP (DA), Dr W James MP (DA) and Ms N Vukuza MP (COPE). Support Staff: Mr D Bandi, Content Advisor; Mr A Kabingesi, Committee Secretary and Ms Z Ngoma, Committee Assistant. 2.2 Limpopo Provincial Department of Education

The Limpopo Provincial Department of Education was represented by Mr D Masemola, MEC for Education; Rev Z Nevhutalu, Head of Department (HOD); Dr L Mafenya, Senior District Manager; Mr M Maphwanya, General Manager (GM), Governance; Ms P Msimeki, Manager, Corporate Services; Mr S Sono, Deputy Manager, Planning; Dr M Matlou, Director, ABET; Mr E Sekgobela, National Coordinator, Kha Ri Gude; Mr S Lephale, Liaison Officer; Mr R Moshope, Manager, Operational Support and Ms S Malima, Senior Manager, Training and Development.

2.3 Letaba Further Education and Training College

Ms M Botha, Chief Executive Officer (CEO); Mrs M Rasekgala, Chairperson of College Council; Mr J Rikhotso, Campus Manager; Mr J Venter, Coordinator; Ms A Van Der Walt, Acting Chief Financial Officer; Mr M Matome, Marketing Official and Mr R Fritz, Student Liaison Officer.

2.4 Provincial Legislature Mr G Mashamba MPL (ANC) Chairperson, Provincial PC on Education; Ms P Mahlo MPL (ANC); Mr A Mangena MPL (ANC); Mr L Masoga MPL (ANC); Mr M Lehlogonolo MPL (ANC) and Ms L Luvhengo MPL (ANC).

2.5 District Municipality Mr R Mabunda, Speaker, Greater Giyani Local Municipality; Ms M Mathebula, Mayor, Greater Giyani Local Municipality; Mr P Mangena, Member of the Committee, Mopani District Municipality; Mr M Matlou, Councillor, Mopani District Municipality; Mr M Chaamano, Acting Director, Mopani District Municipality and Mr L Matlou, Executive Mayor, Mopani District Municipality.

1. Opening Remarks The MEC for Education, Mr D Masemola, officially welcomed the delegation of the Committee and other guests to the meeting. He expressed his gratitude for the visit of the Committee to the province. He informed the delegation that the province had major challenges in the Higher Education and Training sector and hoped that the visit would contribute positively towards the improvement of the Further Education and Training sector in the province.

The Chairperson of the Committee remarked that education was identified as one of the high priorities of the new government. He explained that the quality of education in general was a major concern and that skills demand surpassed skills supply. He noted that the committee aimed to leave the area with specific recommendations to be tabled in the National Assembly for consideration by the Department of Higher Education and Training in particular and other relevant departments.

1. Summary of Presentations 4.1 Overview of Further Education and Training (FET) Colleges The FET college sector was transformed in 2001 with an objective to develop vibrant and responsive multi site colleges that address the skills shortage in the country and broaden access to post-school education and training opportunities. At national level, 152 technical colleges were merged to form 50 multi-campus FET colleges. Limpopo had 17 Technical and Community Colleges which were merged into seven FET Colleges and 17 Satellite Campuses. In 2006, government launched a R1.9 billion 3 year programme to recapitalise the FET colleges, tackle vital curriculum reform and invest in staff training, development, infrastructure and equipment. Limpopo Province was allocated R221 million (11, 8%) from the R1.9 billion national recapitalisation allocation and spent 100% of the allocated funding. The major challenges of the FET college sector in the province are a low throughput rate, unqualified lecturers, and a poor perception of the college sector. 4.2 Skills Development Strategy for Higher Education and FET The National Skills Development Programme targets the development of all employees and future employees. In analysing the higher education and FET landscape it is clear that the demand does not meet the intended output as the quality of skills offered fall short of the demands of the economy. The department plays an important role in the programme by assisting learners to choose the most suitable programmes for their needs. The current major challenges of the skills development programme are the lack of employment opportunities and lack of information available to the public. The department concluded that there is a need for a coordinated and coherent approach to improve skills development.

4.3 Presentation on Letaba FET College The Letaba FET College comprises of four satellite campuses namely Giyani, Modjadji, Maake and Tzaneen. The College offers quality training in Engineering, Management, Administration, and Construction studies to young people from the local and nearby areas.

Challenges ▪ Poor infrastructure for student support services; ▪ A high vacancy rate and unqualified lecturers; ▪ Lack of proper water and sanitation services; ▪ Sector Education and Training Authorities (SETAs) involvement in the college is very limited; ▪ Demand for the NSFAS bursary exceeds the supply; ▪ 24% throughput rate in 2008 and 0% pass rate in Graphic Design; and ▪ No database for drop-outs and graduates of the college.

4.4 Presentation of the Kha Ri Gude Mass Literacy Campaign The Kha Ri Gude Mass Literacy Campaign was launched in February 2008 with the intention of enabling 4, 7 million adults to become literate and numerate in one of the eleven official languages including Braille and Sign language, by 2012. In Giyani there are 3600 learners currently learning from 200 sites. All Wards in Giyani have learning sites that are located in schools, churches, crèches and tribal offices. Women comprise the majority of learners in all the sites. The minimum qualification required for volunteer educators is Matric and they are paid a stipend income of R1200 a month, thus contributing to poverty alleviation. Kha Ri Gude has been reputed for the development of original highly-rated materials in all the languages, including Braille and Sign language in line with the Unit Standards for ABET level 1.

Challenges of the Kha Ri Gude Mass Literacy Campaign ▪ Volunteer educators are not paid for recruiting learners; ▪ Constant delays in payment of stipends; ▪ Lack of coordination between Kha Ri Gude and Adult Basic Education and Training (ABET); ▪ No formal learning sites available for Kha Ri Gude learners; ▪ Budgetary constraints to expand the programme and constant delays in the delivery of learning materials; and ▪ No database to trace drop-outs and graduates of the programme.

4.5 Presentation by the Mopani District Municipality The role of the municipality to support educational challenges is to compliment the departmental efforts in terms of resource provision such as water, sanitation and infrastructure at schools and FET Colleges. In the Mopani District 37.8 % of the population never went to school, 12.7 % have Matric, 6.5 % have Higher Education and 24.3 % have completed secondary education. Challenges ▪ The absence of departmental officials at meetings is a major concern for the municipality; ▪ The inability to place unemployed learners and a lack of a database of students who completed the learnerships; ▪ No budget to train communities and non provision of bursaries from the municipality; and ▪ The lack of involvement of the SETAs and constant delays by the Local Government Sector Education and Training Authority (LGSETA) to disburse funds.

The municipality requested that the Committee assist in strengthening Intergovernmental Relations (IGR) for integrated planning within the three spheres of government, by demanding compliance and accountability by all.

1. Site Visits 5.1 Visit to the Former Giyani College of Education The former Giyani College of Education has been converted into Circuit Offices of the Provincial Department of Education as well as a residence for nursing students. The College was disestablished in 2002 as part of the process of incorporation of colleges of education from the jurisdiction of the provincial departments of education into the higher education sector, as required by the Constitution (Schedule 4 of the Constitution of the Republic of South Africa, Act 108 of 1996) and regulated by the Higher Education Act (Act 101 of 1997). Initially, following a situational analysis of all colleges in Limpopo, Giyani College was designated as one of four colleges in the province that were earmarked for incorporation into universities, largely on the strength of their infrastructure. However, the incorporation of the designated colleges into universities did not materialise, though the function of teacher education was transferred into the higher education sector. As a result, all colleges of education in the province ceased to operate.

Since the closure of the college, maintenance of the buildings has been poor. The college is also used by the University of North West for contact sessions and examinations.. Challenges ▪ The lack of water and proper sanitation; ▪ Unutilised laboratories and resource centres; and ▪ The lack of maintenance of the college buildings.

1. Visits to Adult Basic Education and Training (ABET) and Kha Ri Gude Centres
2. Giyani Comprehensive Adult Basic Education and Training (ABET) and Kha Ri Gude Centre The centre was established in 2000 and has five volunteer educators facilitating teaching and learning. It operates on Mondays, Tuesdays and Thursdays and there are 91 learners currently registered. The centre boasts of having students that have passed with excellence and some graduates have become ABET Practitioners, Care givers, Nurses, and Police Officers.

Challenges ▪ The constant delay in the delivery of study material; ▪ The number of days and hours of teaching and learning are insufficient; ▪ The delays in the payment of stipends to volunteer educators; ▪ Kha Ri Gude learners that completed the programme last year have not yet received their certificates from the Department of Higher Education and Training; and ▪ No database for those who have completed or dropped-out of the programme.

5.2.2 Muyexe ABET and Kha Ri Gude Centres The visit to Muyexe centres was significant since Muyexe village was identified during the state of the nation address as one of the poorest villages in the country where it is imperative that government roll out projects to improve the lives of the people. 5.2.2.1 Muyexe ABET Centre The centre was started in 2000 and has four educators with 57 learners currently registered for ABET levels 2 – 4. Besides the formal ABET programme, the centre also offers the much needed skills development programme on agriculture. The centre operates on Mondays to Wednesdays from 8h00 to 12h00. The Provincial Department supplies Learning and Teaching Support Materials (LTSM) for all learning areas.

Challenges • The absence of accommodation is a major challenge for the centre. Classes are currently held in one of the learners’ house. Negotiations were underway with the School Governing Body of the local primary school for alternative accommodation at the school; • Learner attendance is irregular as learners sometimes take up temporary employment in the growing number of projects that are being set up at the village; • The salaries are low with no additional benefits such as pension and medical aid in comparison with those of educators in state schools; • The number of days and hours of teaching and learning are insufficient to complete the syllabus; • There is no database for those who have completed or dropped-out of the programme; and • No certificates issued yet for learners that completed the programme.

5.2.2.2 Muyexe Kha Ri Gude Centre The centre has four volunteer educators, each with a class of 18 learners, mainly women. Classes are held in the local primary school after school and in a church building.

Challenges • Most graduates of the programme do not proceed to enrol in Level 2 programmes offered at the ABET centres due to lack of information; • There are delays in the payment of stipends to volunteer educators; and • Minimal attendance of male candidates in the programme.

5.2.2.3 Thomo ABET and Kha Ri Gude Centre The delegation made the following observations during the visit to the Thomo ABET and Kha Ri Gude Centre: ▪ Participation of male candidates in the programmes was very minimal; ▪ Learners complained about the late arrival of study material for the programmes; ▪ The centre did not have sufficient water and sanitation services; and ▪ Delays in the payments of stipends to volunteer educators.

1. Deliberations 6.1 Discussion with the Provincial Department & Letaba FET College ▪ The Committee was concerned that the department employed unqualified lecturers in FET Colleges. It was questioned as to whether the department expected students to succeed if they were being taught by unqualified lecturers. ▪ It was stated that some FET Colleges in the province did not receive an adequate amount of funds for infrastructure development during the recapitalisation process. It was questioned as to whether the provincial department was allocated an adequate amount of funds for the recapitalisation of FET Colleges. ▪ It was questioned as to whether the merger process of FET Colleges in the province did not pose challenges for the department. ▪ A view was expressed that students were not properly guided in terms of choosing programmes that were suitable for the economy of the province. This created a gap in terms of what is available in the labour market and what the FET Colleges produce. ▪ The committee was concerned that the department did not have a database of unemployed graduates including those who dropped out of the FET Colleges. ▪ A concern was expressed that the Campus in Modjadji had been closed without proper consultation with the public and young people from the area have been badly affected by the closure of the Campus since they have to travel long distances to other areas to study. It was asked whether there were plans to reopen the campus. ▪ It was argued that the department should formulate an effective human resource strategy to attract skilled lecturers who will address the high vacancy rate currently affecting FET Colleges in the province. ▪ It emerged that the Letaba FET College struggled to deal with the violent protests that were constantly disrupting academic activities. Students protested against the NSFAS bursary which did not cover all their needs. The committee requested a copy of the memorandum that was submitted to the FET College during the protests. ▪ The committee was concerned that there were vacant posts especially at senior management level of the Letaba FET College and urged the department to intervene in this matter urgently. ▪ A view was expressed regarding the high failure rate of the National Certificate (Vocational) NC(V) programme in the Letaba FET College. The committee requested the reason for the low pass rate in the programme.

Responses The Department and representatives of the FET College made the following responses to the issues expressed above: ▪ The issue of employing unqualified lecturers was a national challenge which affects all provinces. It was said that most qualified lecturers were attracted to lucrative packages that were offered by the private sector and the department could not meet the salary demands of these lecturers. ▪ The provincial department of education was not allocated an adequate amount of funds for the recapitalisation of all FET Colleges in the province. The FET Colleges that received the least allocation for recapitalisation submitted poor business plans to the department. ▪ The Committee was informed that the merger process contributed positively to the development of some FET Colleges that previously lacked sufficient resources. The challenges of mergers are experienced at human resources level where staff members have different opinions on issues. ▪ The department acknowledged that it had not created a database where details of all graduates and drop-outs are stored and this posed a challenge in terms of tracing their further progress. ▪ The Committee was informed that students in FET Colleges were encouraged to choose programmes that were suitable to their needs. The main challenge with this is that many students struggled to find employment in their field after completing their studies since their choices were not in line with the demands of the labour market in the province. ▪ The reason for the closure of Modjadji FET College was due to poor enrolment and throughput rate in the College and it was stated that the public was informed of the decision. ▪ It was stated that the criteria used by NSFAS to award bursaries to students of low income was not effective. The majority of students in Letaba FET College are very poor and they require a full bursary for their studies. Most of the bursaries awarded to students were top sliced. ▪ It was said that the content of the NC(V) programme is academic and the majority of students, especially those completing Grade 9 could not cope with the standard of the programme.

6.2 Discussion on Khari Gude and Mopani District Municipality ▪ It emerged that most adults who completed the programme were not assisted in terms of continuing with their studies. It was questioned as to whether the department had programmes in place to assist both volunteer educators and learners to pursue their careers further. ▪ The committee was concerned that there was no monitoring and evaluation instrument for the Kha Ri Gude programme. ▪ The committee was concerned that the Kha Ri Gude programme was ad hoc and that there were no permanent centres of learning. ▪ The Mopani District was commended for having the highest pass rate nationally in the Kha Ri Gude programme. ▪ The District municipality was commended for supporting local schools and the FET Colleges with water and sanitation services. ▪ It was argued that the absence of departmental officials in municipal meetings affected service delivery. The committee urged the District municipality to arrange its meetings in line with the availability of departmental officials.

Responses ▪ It was stated that Kha Ri Gude coordinators conducted class visits every month in all learning sites to monitor and evaluate the progress of the programme. ▪ The department indicated that Kha Ri Gude was not as formalised as ABET. The programme operates on an ad hoc basis, resulting in the lack of permanent learning sites. ▪ It was argued that most learners who completed the programmes did not have sufficient funds to continue with their studies because there is as yet no bursary available to them to study further. ▪ The department requested the committee to motivate to Treasury for a higher allocation of funds in order to expand the programme.

1. Findings The following formed part of the critical findings of the Committee: ▪ The information management system of both the provincial department and the District municipality was inadequate. ▪ It was clear that the provincial department did not have the required human resources development strategy to attract qualified lecturers to FET Colleges; ▪ The department invested huge amounts of money to purchase expensive machinery and equipment for FET Colleges without considering the availability of technical capacity to operate them. ▪ The District municipality did not have a proper skills development strategy to assist unemployed young people in the local area. ▪ There was no coordination between ABET and Kha Ri Gude and this resulted in the inefficiency of the programmes. ▪ The involvement of the SETAs in skills development was very limited and caused huge backlogs for both the provincial department and the District municipality in terms of learner placement. ▪ Students in the Letaba FET College were awarded top sliced bursaries that did not cover all their expenses. ▪ The problem of water shortage in the area was a great concern for both the District municipality and the Provincial Department of Education. ▪ There was a lack of synergy between the local FET College and the District municipality in terms of skills development. ▪ The Recognition of Prior Learning (RPL) did not have a unit in the Letaba FET College and it was under resourced. ▪ The budget for the Kha Ri Gude programme was reduced three times by the Treasury and this crippled its development. ▪ The performance of students in the NC(V) programme was below the required standard.

2. Summary The committee was generally concerned by the lack of database of graduates and drop-outs in the FET Colleges and ABET programme. Progress in the Kha Ri Gude programme was commended including the support of the District municipality to schools and FET Colleges in the area. The provincial department was requested to forward all outstanding information to the Committee. The Committee undertook to write to the Department of Higher Education and Training in particular to highlight some of the more critical issues that affected the local FET Colleges, especially the limited involvement of SETAs in skills development. The oversight visit was prolific in terms of understanding a number of fundamental issues that impacted on the progress of FET Colleges in the province. The Committee undertook to forward the report of the oversight visit to the provincial department, upon adoption at a committee meeting.

3. Recommendations Based on its deliberations and findings, the Committee recommends inter alia the following: • The department should create a database where all the details of graduates and drop-outs will be kept. ▪ The provincial department should strengthen co-ordination between ABET and the Kha Ri Gude at all levels in order to ensure, amongst others, a smooth movement of learners from one programme to the other. ▪ There is a need to engage with the National Student Financial Aid Scheme (NSFAS) concerning a greater allocation of funds to learners in FET colleges as the current allocation is insufficient to cover essential learner needs such as transport at some colleges. The Committee will engage with the NSFAS in this regard. ▪ The former Giyani College of Education buildings should be maintained regularly. In the long term, the Limpopo Provincial Department of Education should consider re-opening the college to offer teacher education within the parameters set by the Department of Higher Education and Training. It was noted that the unused buildings of the college, including the language laboratory and Resource centre are a waste of resources. ▪ The Letaba FET College should engage with the local Municipality and local industry in order to ensure that they are supplied with the requisite human resources. ▪ It was noted that there is a need for a skills development workshop in the Giyani region. ▪ The Department of Higher Education and Training should monitor the process of payment of stipends by ensuring that stipends are paid on time to volunteer educators. ▪ The involvement of the Education, Training and Development Practices (ETDP) SETA in further training of volunteer educators should be strengthened to enable volunteer educators to further their studies without using their stipends. ▪ The inefficiency of water and sanitation services should be addressed by the Department of Water and Environmental Affairs as matter of urgency. ▪ The provincial department should prioritise the issue of attracting suitable qualified lecturers to improve the throughput rate of FET Colleges.

Report to be considered.

1. Report of the Standing Committee on Auditor General on the Strategic Plan and Budget of the Auditor General, dated 12 November 2009:

The Standing Committee on Auditor General (SCoAG), having considered the Strategic Plan and Budget of the Auditor General in accordance with section 38 (3) (a) of the Public Audit Act 2004 (No. 25 of 2004), recommends that the House approves the Strategic Plan and Budget of the Auditor General.

The Committee would like to draw attention to matters that it considers especially important if the AGSA is to succeed in its objectives of achieving clean audit opinions:

  ▪ the AGSA must incorporate context to the measures as reflected in
    the presentation and word document (entitled “AGSA Balanced
    Scorecard 2010-2013) submitted on 30 October and 5 November 2009
    into the final Strategic Plan and Budget which will be updated by
    30 November 2009.  The final Strategic Plan and Budget will be
    available in print form to all AGSA stakeholders in January 2010.
    An electronic copy of the Strategic Plan and Budget will however be
    available as from 30 November 2009.  These measures are at an
    output or outcome level and they replace the operational measures
    that were submitted on the 16 October 2009.


  ▪ SCoAG encourages other government structures to strive towards
    the goal of achieving clean audits.

  ▪ AGSA consulted with SCoAG on the Audit Directives as required in
    terms of the Public Audit Act as part of the Budget and Strategic
    Plan.

Report to be considered.

1. Report of the Standing Committee on Auditor-General on the Annual Report of the Auditor General 2008/09, dated 12 November 2009:

The Auditor-General of South Africa (AGSA) tabled its Annual Report before Parliament for consideration by the Standing Committee on Auditor-General (SCOAG) within the prescribed deadlines in terms of Section 41(5) of the Public Audit Act (PAA). The Committee held hearings with the AGSA on 21 August 2009.

The committee noted all the concerns raised in the AG’s annual report and has no doubt that the proposed interventions will remedy the situation within short, medium and long term. In our analysis of the report, nothing was noted to have threatened the independence and objectivity of the Auditor-General in conducting its duties.

The audit work was conducted without fear of undue influence by the external factors in compliance with the International Standards of Auditing (ISA).

Report to be considered.

                      MONDAY, 30 NOVEMBER 2009

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Assent by President in respect of Bills

(1)          Adjustments Appropriation Bill [B 13 – 2009] – Act No 21
     of 2009 (assented to and signed by President on 26 November 2009).



  2) Repeal of the Black Administration Act  and  Amendment  of  Certain
     Laws Amendment Bill [B 15 – 2009] – Act No 20 of 2009 (assented  to
     and signed by President on 26 November 2009).


                     THURSDAY, 10 DECEMBER 2009

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Draft Bills submitted in terms of Joint Rule 159

1) Social Assistance Amendment Bill, 2009, submitted by the Minister of
   Social Development.


   Referred to the Portfolio Committee on Social Development and the
   Select Committee on Social Services.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

(a)     Report and Financial Statements  of  the  Government  Employees
    Pension Fund for 2008-09, including the Report of  the  Independent
    Auditors on the Financial Statements  and  Performance  Information
    for 2008-09 [RP 241-2009].

1. The Minister of Water and Environmental Affairs

(a)     Report and Financial Statements of the Amatola Water Board  for
    2008-09, including the Report of the Independent  Auditors  on  the
    Financial Statements and Performance Information for 2008-09.


(b)     Report and Financial Statements of the Sedibeng Water Board for
    2008-09, including the Report of the Independent  Auditors  on  the
    Financial Statements and Performance Information for 2008-09.


(c)     Report and Financial Statements of the  Rand  Water  Board  for
    2008-09, including the Report of the Independent  Auditors  on  the
    Financial Statements and Performance Information for 2008-09.


(d)     Report and Financial Statements of the Overberg Water Board for
    2008-09, including the Report of the Independent  Auditors  on  the
    Financial Statements and Performance Information for 2008-09.


(e)     Report and Financial Statements of the Pelladrift  Water  Board
    for 2008-09, including the Report of the  Independent  Auditors  on
    the Financial Statements and Performance Information for 2008-09.


(f)     Report and Financial Statements of the Bloem  Water  Board  for
    2008-09, including the Report of the Independent  Auditors  on  the
    Financial Statements and Performance Information for 2008-09.


(g)     Report and Financial Statements of the Umgeni Water  Board  for
    2008-09, including the Report of the Independent  Auditors  on  the
    Financial Statements and Performance Information for 2008-09.

1. The Minister of Human Settlements

(a)     Memorandum of understanding (“MOU’) between the Government of
    the Republic of South Africa and the Government of the Republic of
    Angola on Cooperation in the Field of Human Settlements, tabled in
    terms of section 231(2) of the Constitution, 1996.
(b)     Memorandum of  Understanding  between  the  Government  of  the
    Republic of South Africa, the Government of the Republic  of  India
    and  the  Government  of  the  Federative  Republic  of  Brazil  on
    Cooperation in the Field of Human Settlements  Development,  tabled
    in terms of section 231(3) of the Constitution, 1996.

(c)     Explanatory  Memorandum  to  the  Memorandum  of  Understanding
    (“MOU”) between the Government of the Republic of South Africa, the
    Government of the Republic of  India  and  the  Government  of  the
    Federative Republic of Brazil on Cooperation in the Field of  Human
    Settlements Development, tabled in terms of section 231(3)  of  the
    Constitution, 1996.

1. The Minister of Trade and Industry

 a) Report of the South African Council for the Non-Proliferation of
    Weapons of Mass Destruction for April 2008 to March 2009.

1. The Minister for Cooperative Governance and Traditional Affairs

(a)     Government Notice No 1568, published in Government Gazette No
    32746,  dated 27 November 2009: Draft regulations on Local
    Government Disciplinary Code and Procedures for Senior Managers
    published for public comment in terms of section 72 and section 120
    of the Local Government: Municipal Systems Act, 2000 (Act No 32 of
    2000).

National Assembly

1. The Speaker 1) Reply from the Minister of Finance to recommendations in the Joint Report of Standing Committee on Finance and Portfolio Committee on Economic Development on joint meeting on Budget Vote No 7: National Treasury, and the 2009-12 Strategic Plan (Update) of National Treasury and the 2009-10 – 2011-12 Strategic Plan of the South African Revenue Service, as adopted by the House on 25 August 2009.

   Referred to the Standing Committee on Finance and the Portfolio Committee on Economic Development.

 2) Request from the Minister of Water and Environmental Affairs for
    the exclusion of a portion of state land from the Lowveld National
    Botanical Garden, Nelspruit, in terms of section 34(2) of the
    National Environmental Management: Biodiversity Act, 2004 (No 10 of
    2004).


 3) The President of the Republic submitted the following letter dated
    20 November 2009 to the Speaker of the National Assembly, informing
    Members of the Assembly of the termination of the employment of the
    SA National Defence Force for service in fulfilment of the
    International Obligations of the Republic of South Africa towards
    the United Nations as part of the United Nations Political Mission
    in Nepal:


    TERMINATION OF THE EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE
    FORCE FOR SERVICE IN FULFILLMENT OF THE  INTERNATIONAL  OBLIGATIONS
    OF THE REPUBLIC OF SOUTH AFRICA TOWARDS THE UNITED NATIONS AS  PART
    OF THE UNITED NATIONS POLITICAL MISSION IN NEPAL
    This serves to inform the National Assembly that I have  terminated
    the employment of the South African National Defence Force  (SANDF)
    personnel  to  Nepal,  for  a  service   in   fulfilment   of   the
    international obligations of the Republic of South  Africa  towards
    the United Nations as part of the United Nations Political  Mission
    in Nepal.


    This employment was authorised in accordance with the provisions of
    section 201(2)(c) of the Constitution  of  the  Republic  of  South
    Africa, 1996, read with section 93 of the Defence Act, 2002 (Act No
    42 of 2002).


    The United Nations Political Mission was closed  down  on  23  July
    2009. The said termination thus takes effect from 23 July 2009.


    I will communicate this report to members of the  National  Council
    of Provinces and the Chairperson of the Joint Standing Committee on
    Defence, and wish to request that you bring the contents hereof  to
    the attention of the National Assembly.


    Regards

                               signed
                              J G ZUMA

 4) The President of the Republic submitted the following letter dated
    20 November 2009 to the Speaker of the National Assembly, informing
    Members of the Assembly of the termination of the employment of the
    SA National Defence Force for service in fulfilment of the
    International Obligations of the Republic of South Africa towards
    the African Union as part of the African Union Observer Mission in
    Northern Uganda/Southern Sudan:


    TERMINATION OF THE EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE
    FORCE FOR SERVICE IN FULFILLMENT OF THE  INTERNATIONAL  OBLIGATIONS
    OF THE REPUBLIC OF SOUTH AFRICA TOWARDS THE AFRICAN UNION  AS  PART
    OF THE AFRICAN UNION OBSERVER MISSION IN  NORTHERN  UGANDA/SOUTHERN
    SUDAN


    This serves to inform the National Assembly that I have  terminated
    the employment of the South African National Defence Force  (SANDF)
    personnel to Northern  Uganda/Southern  Sudan,  for  a  service  in
    fulfilment of the international  obligations  of  the  Republic  of
    South Africa towards the African Union Observer Mission in Northern
    Uganda/Southern Sudan.


    This employment was authorised in accordance with the provisions of
    section 201(2)(c) of the Constitution  of  the  Republic  of  South
    Africa, 1996, read with section 93 of the Defence Act, 2002 (Act No
    42 of 2002).


    The African Union Observer Mission was closed down on 15 July 2009.
    The said termination thus takes effect from 15 July 2009.


    I will communicate this report to members of the  National  Council
    of Provinces and the Chairperson of the Joint Standing Committee on
    Defence, and wish to request that you bring the contents hereof  to
    the attention of the National Assembly.


    Regards

                               signed
                              J G ZUMA


                      TUESDAY, 26 JANUARY 2010

ANNOUNCEMENTS

National Assembly

The Speaker

1. Referral to Committees of papers tabled

 (1)    The following papers are referred to the Standing  Committee  on
    Finance:

    (a)      Agreement between the Government of the Republic of  South
       Africa and the Government of Canada regarding Mutual  Assistance
       between  their  Customs  Administrations,  tabled  in  terms  of
       section 231(3) of the Constitution  of  the  Republic  of  South
       Africa, 1996.


    (b)      Explanatory memorandum to the  customs  agreement  between
       the  Government  of  the  Republic  of  South  Africa  and   the
       Government of Canada.

(2)     The following papers are referred to the Portfolio Committee on
    International  Relations  and  Cooperation  for  consideration  and
    report and to the  Portfolio  Committee  on  Defence  and  Military
    Veterans:

    (a)       Amendments  to  the   Convention   on   Prohibitions   or
       Restrictions on the Use of Certain  Conventional  Weapons  Which
       May  be  Deemed  to  be  Excessively  Injurious   or   to   Have
       Indiscriminate Effects, also known as the  Certain  Conventional
       Weapons Convention (CCW), tabled in terms of section  231(2)  of
       the Constitution of the Republic of South Africa, 1996.


    (b)      Explanatory Memorandum to the Amendments to the Convention
       on  Prohibitions  or  Restrictions  on  the   Use   of   Certain
       Conventional Weapons Which  May  be  Deemed  to  be  Excessively
       Injurious or to Have Indiscriminate Effects, also known  as  the
       Certain Conventional Weapons Convention (CCW).


(3)     The following papers are referred to the Portfolio Committee on
    Justice  and  Constitutional  Development  for  consideration   and
    report.  The  Reports  of  the  Auditor-General  on  the  Financial
    Statements for 2008-09 are referred  to  the  Committee  on  Public
    Accounts for consideration:

    (a)       Report  and  Financial  Statements  of  the   Represented
       Political Parties’ Fund for 2008-09, including the Report of the
       Auditor-General on the Financial Statements for 2008-09.


    (b)      Report on Monies in Trust kept in the Guardian’s Fund  for
       2008-09, including the Report of the Auditor-General  on  Monies
       in Trust kept in the Guardian’s Fund for 2008-09.

(4)     The following paper is referred to the Portfolio  Committee  on
    Public Service and Administration:

    (a)      Report of the  Public  Service  Commission  (PSC)  on  the
       Evaluation of Supply-Chain Management Practices within the  R200
       000 Threshold.

(5)     The following paper is referred  to  the  Committee  on  Public
    Accounts for  consideration  and  to  the  Portfolio  Committee  on
    Mining:

    (a)      Report of the Auditor-General on a  performance  audit  of
       the rehabilitation of  abandoned  mines  at  the  Department  of
       Minerals and Energy.

(6)     The following paper is referred  to  the  Committee  on  Public
    Accounts for consideration and to the Portfolio Committee on Social
    Development:

    (a)      Report of the Auditor-General on a  performance  audit  of
       projects that are funded by the National Development Agency.

(7)     The following paper is referred to the Portfolio  Committee  on
    Labour:

    (a)       Report  of  the  Public   Protector   on   a   Systematic
       Investigation into Allegations of Poor Service Delivery  by  the
       Compensation Fund [Report No 28 of 2009-10].

(8)     The following paper is referred to the Portfolio  Committee  on
    Agriculture, Forestry and Fisheries for consideration and report:

    (a)      Government Notice  No  R.  466,  published  in  Government
       Gazette No 32185, dated 29 April 2009: Draft Regulations made in
       terms of section 53 of the National Forests Act, 1998 (Act No 84
       of 1998).

(9)     The following papers are referred to the Portfolio Committee on
    Energy for consideration and report:

    (a)      Membership of South Africa of the International  Renewable
       Energy Agency (Irena), tabled in terms of section 231(2) of  the
       Constitution, 1996.


    (b)      Explanatory Memorandum to the Membership of  South  Africa
       of the International Renewable Energy Agency (Irena).

(10)    The following paper is referred  to  the  Committee  on  Public
    Accounts for consideration and to the Portfolio Committee on Higher
    Education and Training:

    (a)      Letter from the Minister of Higher Education and Training,
       dated 26 November 2009, to the Speaker of the National Assembly,
       explaining the delay in the submission of the Annual  Report  of
       the National Student Financial Aid Scheme for 2008-09.
(11)    The following papers are referred to the Standing Committee  on
    Finance for consideration and report. The Report of the Independent
    Auditors on the Financial Statements  and  Performance  Information
    for 2008-09 is referred to the Committee  on  Public  Accounts  for
    consideration:

    (a)       Report  and  Financial  Statements  of   the   Government
       Employees’ Pension Fund for 2008-09, including the Report of the
       Independent Auditors on the Financial Statements and Performance
       Information for 2008-09.

(12)    The following papers are referred to the Portfolio Committee on
    Water and Environmental Affairs for consideration and  report.  The
    Reports of the Independent Auditors on the Financial Statements and
    Performance Information for 2008-09 are referred to  the  Committee
    on Public Accounts for consideration:

    (a)      Report and Financial Statements of the Amatola Water Board
       for 2008-09, including the Report of the Independent Auditors on
       the Financial Statements and Performance Information  for  2008-
       09.


    (b)      Report and Financial  Statements  of  the  Sedibeng  Water
       Board for 2008-09,  including  the  Report  of  the  Independent
       Auditors on the Financial Statements and Performance Information
       for 2008-09.


    (c)      Report and Financial Statements of the  Rand  Water  Board
       for 2008-09, including the Report of the Independent Auditors on
       the Financial Statements and Performance Information  for  2008-
       09.
    (d)      Report and Financial  Statements  of  the  Overberg  Water
       Board for 2008-09,  including  the  Report  of  the  Independent
       Auditors on the Financial Statements and Performance Information
       for 2008-09.


    (e)      Report and Financial Statements of  the  Pelladrift  Water
       Board for 2008-09,  including  the  Report  of  the  Independent
       Auditors on the Financial Statements and Performance Information
       for 2008-09.


    (f)      Report and Financial Statements of the Bloem  Water  Board
       for 2008-09, including the Report of the Independent Auditors on
       the Financial Statements and Performance Information  for  2008-
       09.


    (g)      Report and Financial Statements of the Umgeni Water  Board
       for 2008-09, including the Report of the Independent Auditors on
       the Financial Statements and Performance Information  for  2008-
       09.

(13)    The following papers are referred to the Portfolio Committee on
    Human Settlements for consideration and report:

    (a)      Memorandum of understanding (“MOU”) between the Government
       of the Republic of  South  Africa  and  the  Government  of  the
       Republic  of  Angola  on  Cooperation  in  the  Field  of  Human
       Settlements,  tabled  in  terms  of  section   231(2)   of   the
       Constitution, 1996.


    (b)      Memorandum of Understanding between the Government of  the
       Republic of South Africa, the  Government  of  the  Republic  of
       India and the Government of the Federative Republic of Brazil on
       Cooperation in  the  Field  of  Human  Settlements  Development,
       tabled in terms of section 231(3) of the Constitution, 1996.


    (c)      Explanatory Memorandum to the Memorandum of  Understanding
       (“MOU”) between the Government of the Republic of South  Africa,
       the Government of the Republic of India and  the  Government  of
       the Federative Republic of Brazil on Cooperation in the Field of
       Human Settlements Development, tabled in terms of section 231(3)
       of the Constitution, 1996.

(14)    The following the paper is referred to the Portfolio  Committee
    on Trade and  Industry  for  consideration  and  to  the  Portfolio
    Committee on Defence and Military Veterans:

    (a)       Report  of  the  South  African  Council  for  the   Non-
       Proliferation of Weapons of Mass Destruction for April  2008  to
       March 2009.

(15)    The following paper is referred to the Portfolio  Committee  on
    Cooperative Governance and Traditional Affairs:

    (a)      Government Notice No 1568, published in Government Gazette
       No 32746,  dated 27 November 2009: Draft  regulations  on  Local
       Government Disciplinary Code and Procedures for Senior Managers,
       published for public comment in terms of section 72 and  section
       120 of the Local Government: Municipal Systems Act, 2000 (Act No
       32 of 2000).

(16)    The following paper is referred to the Portfolio  Committee  on
    Water and Environmental Affairs for consideration and report:

    (a)      Request from  the  Minister  of  Water  and  Environmental
       Affairs for the exclusion of a portion of state  land  from  the
       Lowveld  National  Botanical  Garden,  Nelspruit,  in  terms  of
       section  34(2)  of  the   National   Environmental   Management:
       Biodiversity Act, 2004 (No 10 of 2004).

(17)    The following papers are referred to the Portfolio Committee on
    Defence and Military Veterans:

    (a)      Letter from  the  President  of  the  Republic,  dated  20
       November  2009,  to  the  Speaker  of  the  National   Assembly,
       informing members of the Assembly  of  the  termination  of  the
       employment of the SA  National  Defence  Force  for  service  in
       fulfilment of the international obligations of the  Republic  of
       South Africa towards the United Nations as part  of  the  United
       Nations Political Mission in Nepal.


    (b)      Letter from  the  President  of  the  Republic,  dated  20
       November  2009,  to  the  Speaker  of  the  National   Assembly,
       informing members of the Assembly  of  the  termination  of  the
       employment of the SA  National  Defence  Force  for  service  in
       fulfilment of the international obligations of the  Republic  of
       South Africa towards the African Union as part  of  the  African
       Union Observer Mission in Northern Uganda/Southern Sudan.

1. Submission of Private Members’ Legislative Proposals

(1)    The following private member’s legislative proposal was
     submitted to the Speaker on 13 January 2010 in accordance with Rule
     234:

     (a)      Legislative proposal on presidential pardons (Mr J Selfe)

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

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a)     Report of the Auditor-General on a performance audit of the
    Forensic Chemistry Laboratories at the national Department of
    Health – November 2009 [RP 268-2009].

(b)    The Strategic Plan and Budget of the  Auditor-General  of  South
     Africa for 2010-2013 [RP 266-2009].

1. The Minister of Finance

(a)      Municipal  Budgets  for  the  2009  Medium-Term  Revenue   and
    Expenditure Framework (MTREF).

1. The Minister of Water and Environmental Affairs

(a)     Report and Financial Statements of the Namakwa Water Board  for
    2008-09, including the Report of the Independent  Auditors  on  the
    Financial Statements and Performance Information for 2008-09.


(b)     Report and Financial  Statements  of  the  Bushbuckridge  Water
    Board for 2008-09, including the Report of the Independent Auditors
    on the Financial Statements and Performance Information  for  2008-
    09.

(c)     Report and Financial Statements of the Albany Coast Water Board
    for 2008-09, including the Report of the  Independent  Auditors  on
    the Financial Statements and Performance Information for 2008-09.


(d)     Report and Financial Statements of the Lepelle  Northern  Water
    for 2008-09, including the Report of the  Independent  Auditors  on
    the Financial Statements and Performance Information for 2008-09.

1. The Minister of Justice and Constitutional Development

 a) Proclamation No R. 81 published in Government Gazette No 32750
    dated 27 November 2009: Partial commencement of section 26 of the
    Judicial Matters Amendment Act, 2008 (Act No 66 of 2008).

 b) Government Notice No R. 1120 published in Government Gazette No
    32750 dated 27 November 2009: Amendment of Regulations relating to
    Debt Collectors, 2003:  Debt Collectors Act, 1998 (Act No 114 of
    1998).


 c) Government Notice No R. 1121 published in Government Gazette No
    32759 dated 27 November 2009: Determination in terms of section 62A
    of the Regulation of Interception of Communications and Provision
    of Communication-related Information Act, 2002 (Act No 70 of 2002).




 d) Government Notice No R.1055 published in Government Gazette No
    32690 dated 05 November 2009: Amendment of  the Third Schedule, in
    terms of the Insolvency  Act, 1936 (Act No 24 of 1936).


 e) Government Notice No R.1056 published in Government Gazette No
    32690 dated 05 November 2009: Amendment of Regulations in terms of
    the Trust Property Control Act, 1988 (Act No 57 of 1988).


 f) Government Notice No R.1057 published in Government Gazette No
    32690 dated 05 November 2009: Amendment of Regulations in terms of
    the Administration of Estates Act, 1965 (Act No 66 of 1965).


 g) Government Notice No R.1070 published in Government Gazette No
    32700 dated 09 November 2009: Amendment of Regulations in terms of
    the Companies Act, 1973 (Act No 61 of 1973).

 h) Government Notice No R.72 published in Government Gazette No 32703
    dated 10 November 2009: Referral of matter to existing special
    investigating unit and special tribunal in terms of the Special
    Investigating Units and Special Tribunals Act , 1974 (Act No 74 of
    1996).


 (i)    Report of the South African Law Reform Commission for 2008-2009
    [RP 256-2009].


 (j)    Report of the South African Law Reform Commission on the
    Consolidated Legislation pertaining to International Judicial co-
    operation in Civil Matters for 2006.

1. The Minister of Public Enterprises

(a)     Report and Financial Statements of the Pebble Bed Modular
     Reactor (Proprietary) Limited for 2008-09, including the Report of
     the Independent Auditors on the Financial Statements and
     Performance Information for 2008-09.

1. The Minister of Communications

(a)     Report and Financial Statements of the South African
    Broadcasting Corporation (SABC) for 2008-09, including the Report
    of the Independent Auditors on the Financial Statements and
    Performance Information for 2008-09.

1. The Minister of Trade and Industry

(a)     Cooperative Agreement between the United States of America
    (USA) and the Southern African Customs Union (SACU) to Foster
    Trade, Investment and Development, tabled in terms of section
    231(3) of the Constitution of the Republic of South Africa, 1996

(b)     Explanatory Note  of  the  Cooperative  Agreement  between  the
    United States of America (USA) and  the  Southern  African  Customs
    Union (SACU) to Foster Trade, Investment and Development.

National Assembly

1. The Speaker

(a)     Letter from the Minister of  Correctional  Services  requesting
    consideration of a shortlist  of  candidates  to  be  appointed  as
    representatives  of  the  public  on  the  National   Council   for
    Correctional  Services  in  terms  of  section  83(2)(h)   of   the
    Correctional Services Act, 1998 (No 111 of 1998).


    Referred to the Portfolio Committee on Correctional Services for
    consideration.


                      THURSDAY, 28 JANUARY 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Assent by President in respect of Bills

   1) National House of Traditional Leaders Bill [B 56D – 2008] – Act No 22 of 2009 (assented to and signed by President on 26 January 2010).

   2) Traditional Leadership and Governance Framework Amendment Bill [B 57D – 2008] – Act No 23 of 2009 (assented to and signed by President on 20 January 2010).

2. Draft Bills submitted in terms of Joint Rule 159

(1)    Intellectual Property Laws Amendment Bill, 2010, submitted by
     the Minister of Trade and Industry.


  Referred to the Portfolio Committee on Trade and Industry and the
     Select Committee on Trade and International Relations.

1. Calling of Joint Sitting

CALLING OF JOINT SITTING OF THE NATIONAL ASSEMBLY AND THE NATIONAL
COUNCIL OF PROVINCES.


In terms of section 84(2)(d) of the Constitution of the Republic of
South Africa, 1996, read with Rule 7(1)(a) of the Joint Rules of
Parliament, the President of the Republic of South Africa has called a
joint sitting of the National Assembly and the National Council of
Provinces on Thursday, 11 February 2010 at 19:00, in order to deliver
his State of the Nation Address to Parliament.

National Assembly

The Speaker

1. Letters from President

 1) A letter dated 24 November 2009 has been received from the
    President of the Republic, informing members of the National
    Assembly that in terms of section 17 of chapter 3 of the Handbook
    for the Appointment of Persons to the Boards of State and State-
    Controlled Institutions, Mr D K Golding will be appointed as a
    member of the board of the SABC while continuing to serve as
    special adviser to the Minister of Public Works.


 2) A letter dated 4 December 2009 has been received from the President
    of the Republic, informing members of the National Assembly that in
    terms of section 13(1) of the Broadcasting Act, 1999 (Act 4 of
    1999), the following persons have been appointed to serve as non-
    executive members of the board of the South African Broadcasting
    Authority (SABC) with effect from 10 January 2010: Mr C S Gina, Mr
    D K Golding, Ms P M Green, Mr P J Harris, Ms B J Masekela, Mr M A
    Mello, Dr B S Ngubane (Chairperson), Mr D C Niddrie, Ms C F O’Neil,
    Ms F L Sekha (Deputy Chairperson) and Ms S C Vos.

 Referred to the Portfolio Committee on Communications. COMMITTEE REPORTS

National Assembly

1. Report of the Portfolio Committee on Sport and Recreation on the Safety at Sports and Recreational Events Bill [B7-2009] (National Assembly- sec 75), dated 19 November 2009:

   The Portfolio Committee on Sport and Recreation, having considered the Safety at Sports and Recreational Events Bill [B 7– 2009] (National Assembly – sec 75), referred to it, and classified by the JTM as a sec 75 Bill, reports the Bill with amendments [B7A-2009].

                   TUESDAY, 2 FEBRUARY 2010
   

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Draft Bills submitted in terms of Joint Rule 159

(1)    South African Post Office Bill, 2010, submitted by the Minister
     of Communications.


    Referred to the Portfolio Committee on Communications and the
     Select Committee on Labour and Public Enterprises.
(2)    Protection from Harassment Bill, 2010, submitted by the Minister
     of Justice and Constitutional Development.


    Referred to the Portfolio Committee on Justice and Constitutional
     Development and the Select Committee on Security and Constitutional
     Development.

National Assembly

The Speaker

1. Referral to Committees of papers tabled

(1)     The following paper is referred to the Committee on Public
    Accounts for consideration and to the Portfolio Committee on
    Health:


    (a)      Report of the Auditor-General on a Performance Audit of
       the Forensic Chemistry Laboratories at the National Department
       of Health – November 2009.

(2)     The following paper is referred to the Committee on the Auditor-
    General for consideration:

    (a)      The Strategic Plan and Budget of the Auditor-General of
       South Africa for 2010-13.

(3)     The following paper is referred to the  Standing  Committee  on
    Appropriations  and  the   Portfolio   Committee   on   Cooperative
    Governance and Traditional Affairs:
    (a)      Municipal Budgets for the 2009 Medium-Term Revenue and
       Expenditure Framework (MTREF).

(4)     The following papers are referred to the Portfolio Committee on
    Water and Environmental Affairs for consideration and report. The
    Reports of the Independent Auditors on the Financial Statements and
    Performance Information for 2008-09 are referred to the Committee
    on Public Accounts for consideration:

    (a)      Report and Financial Statements of the Namakwa Water Board
       for 2008-09, including the Report of the Independent Auditors on
       the Financial Statements and Performance Information for 2008-
       09.


    (b)      Report and Financial Statements of the Bushbuckridge Water
       Board for 2008-09, including the Report of the Independent
       Auditors on the Financial Statements and Performance Information
       for 2008-09.


    (c)      Report and Financial Statements of the Albany Coast Water
       Board for 2008-09, including the Report of the Independent
       Auditors on the Financial Statements and Performance Information
       for 2008-09.


    (d)      Report and Financial Statements of the Lepelle Northern
       Water Board for 2008-09, including the Report of the Independent
       Auditors on the Financial Statements and Performance Information
       for 2008-09.


(5)     The following papers are referred to the Portfolio Committee on
    Justice and Constitutional Development:

    (a)      Proclamation No R.81, published in Government Gazette No
       32750, dated 27 November 2009: Determination under section 40(2)
       of date of partial commencement of section 26 of the Judicial
       Matters Amendment Act, 2008 (Act No 66 of 2008).

    (b)      Government Notice No R.1120, published in Government
       Gazette No 32750, dated 27 November 2009: Amendment of
       regulations relating to debt collectors, 2003, in terms of
       section 23 of the Debt Collectors Act, 1998 (Act No 114 of
       1998).


    (c)      Government Notice No R. 1121, published in Government
       Gazette No 32759, dated 27 November 2009: Determination of a
       uniform tariff of compensation for compliance with section
       62(6)(a) in terms of section 62A of the Regulation of
       Interception of Communications and Provision of Communication-
       Related Information Act, 2002 (Act No 70 of 2002).


    (d)      Government Notice No R.1055, published in Government
       Gazette No 32690, dated 5 November 2009: Amendment to the Third
       Schedule of the Insolvency Act, 1936 (Act No 24 of 1936), in
       terms of section 153(1) of the said Act.


    (e)      Government Notice No R.1056, published in Government
       Gazette No 32690, dated 5 November 2009: Amendment of
       regulations in terms of section 24 of the Trust Property Control
       Act, 1988 (Act No 57 of 1988).


    (f)      Government Notice No R.1057, published in Government
       Gazette No 32690, dated 5 November 2009: Amendment of
       regulations in terms of section 103 of the Administration of
       Estates Act, 1965 (Act No 66 of 1965).


    (g)      Government Notice No R.1070, published in Government
       Gazette No 32700, dated 9 November 2009: Amendment of
       regulations in terms of section 15 of the Companies Act, 1973
       (Act No 61 of 1973).

    (h)      Government Notice No R.72, published in Government Gazette
       No 32703, dated 10 November 2009: Referral of matter to existing
       special investigating unit and special tribunal in terms of
       section 2(1) of the Special Investigating Units and Special
       Tribunals Act , 1996 (Act No 74 of 1996).


    (i)      Report of the South African Law Reform Commission on
       Consolidated Legislation pertaining to International Judicial Co-
       operation in Civil Matters for 2006.


(6)     The following paper is referred to the Portfolio Committee on
    Justice and Constitutional Development for consideration and
    report:


    (a)      Report of the South African Law Reform Commission for 2008-
       09.


(7)     The following papers are referred to the Portfolio Committee on
    Public Enterprises for consideration and report. The Report of the
    Independent Auditors on the Financial Statements and Performance
    Information is referred to the Committee on Public Accounts for
    consideration:


    (a)      Report and Financial Statements of the Pebble-Bed Modular
       Reactor (Pty) Ltd for 2008-09, including the Report of the
       Independent Auditors on the Financial Statements and Performance
       Information for 2008-09.


(8)     The following papers are referred to the Portfolio Committee on
    Communications for consideration and report. The Report of the
    Independent Auditors on the Financial Statements and Performance
    Information is referred to the Committee on Public Accounts for
    consideration:

    (a)            Report and Financial Statements of the South African
       Broadcasting Corporation (SABC) for 2008-09, including the
       Report of the Independent Auditors on the Financial Statements
       and Performance Information for 2008-09.

(9)     The following papers are referred to the Portfolio Committee on
    Trade and Industry:

    (a)      Cooperative Agreement between the United States of America
       (USA) and the Southern African Customs Union (SACU) to Foster
       Trade, Investment and Development, tabled in terms of section
       231(3) of the Constitution of the Republic of South Africa,
       1996.

    (b)      Explanatory Note on the Cooperative Agreement between the
       United States of America (USA) and the Southern African Customs
       Union (SACU) to Foster Trade, Investment and Development.

1. Submission of Private Members’ Legislative Proposals (1) The following private member’s legislative proposal was submitted to the Speaker on 1 February 2010 in accordance with Rule 234:

   (a) Legislative proposal on the President’s power to grant pardons (Mrs P de Lille).

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

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of International Relations and Cooperation

(a)     Agreement between the European Community and its Member States,
    of the one part, and the Government of the Republic of South
    Africa, of the other part, Amending the Agreement on Trade,
    Development and Cooperation (TDCA), in terms of section 231(2) of
    the Constitution, 1996.

(b)    Explanatory Memorandum on the  Agreement  between  the  European
     Community  and  its  Member  States,  of  the  one  part,  and  the
     Government of the Republic of South  Africa,  of  the  other  part,
     Amending  the  Agreement  on  Trade,  Development  and  Cooperation
     (TDCA).

                       FRIDAY, 5 FEBRUARY 2010 ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Introduction of Bills

 (1)    The Minister of Justice and Constitutional Development


      a) Protection from Harassment Bill [B 1 – 2010] (National
         Assembly – proposed sec 75) [Explanatory summary of Bill and
         prior notice of its introduction published in Government
         Gazette No 32922 of 1 February 2010.]


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


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

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Transport

(a)     Report and Financial Statements of the South African Maritime
    Safety Authority (including the Maritime Fund) for 2008-2009,
    including the Report of the Auditor-General on the Financial
    Statements and Performance Information for 2008-2009 [RP 216-2009].

National Assembly

1. The Speaker

   a) Letter from the Minister of Arts and Culture dated 18 January 2010, to the Speaker of the National Assembly explaining the delay in the submission of the Annual Report of the National Heritage Council’s Annual Report for 2008-2009.

   EXPLANATION FOR THE LATE TABLING OF THE NATIONAL HERITAGE COUNCIL
   ANNUAL REPORT IN ACCORDANCE WITH SECTION 65(2)(a) OF THE PUBLIC
   FINANCE MANAGEMENT ACT, NO 1 OF 1999:
   
   
   The following are reasons for late tabling of the Annual Report of
   the National Heritage Council.
   

   1. Due to the system crash of the Accounting System their Audit was late and that resulted in the late completion and subsequent submission of their Annual Report namely 30 September 2009. The Annual Report was tabled immediately on 1 October 2009.

   Yours sincerely
   
   
   signed
   MS LULU XINGWANA
   MINISTER OF ARTS AND CULTURE
   
                   TUESDAY, 9 FEBRUARY 2010
   

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Introduction of Bills

 (1)    The Minister of Communications


      a) South African Post Office Bill [B 2 – 2010] (National Assembly
         – proposed sec 75) [Explanatory summary of Bill and prior
         notice of its introduction published in Government Gazette No
         32887 of 22 January 2010.]


         Introduction and referral to the Portfolio Committee on
         Communications of the National Assembly, as well as referral to
         the Joint Tagging Mechanism (JTM) for classification in terms
         of Joint Rule 160.


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

The Speaker

1. Referral to Committees of papers tabled

(1)     The following papers are referred to the Portfolio Committee on
    International Relations and Cooperation for consideration and
    report:

    (a)      Agreement between the European Community and its Member
         States, of the one part, and the Government of the Republic of
         South Africa, of the other part, amending the Agreement on
         Trade, Development and Cooperation (TDCA), in terms of section
         231(2) of the Constitution, 1996.


    (b)       Explanatory  Memorandum  on  the  Agreement  between  the
         European Community and its Member States, of the one part,  and
         the Government of the Republic of South Africa,  of  the  other
         part,  amending  the  Agreement  on  Trade,   Development   and
         Cooperation (TDCA).

1. Membership of Committees

(1)     The following changes have been instituted to the membership of
    Committees by the DA:

    Portfolio Committee on Agriculture, Forestry and Fisheries


    Appointed:     Du Toit, Mr N D
    Discharged:  Pretorius, Mr P J C


    Portfolio Committee on Basic Education


    Appointed: Lorimer, Mr J R B
    Discharged:    Smiles, Mr D C


    Portfolio Committee on Defence and Military Veterans


    Appointed: Smiles, Mr D C
    Discharged: Lorimer, Mr J R B


    Portfolio Committee on Energy


    Appointed: Ross, Mr D C


    Committee on Public Accounts


    Appointed: Pretorius, Mr P J C
    Discharged: Du Toit, Mr N D

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Trade and Industry

 a) Government Notice No 905 published in Government Gazette No 32567
    dated 18 September 2009: Standards Matters in terms of the
    Standards Act, 2008 (Act No 8 of 2008).

(b)     Government Notice No 936 published in Government Gazette No
    32600   dated 18 September 2009: Standards Matters in terms of the
    Standards Act, 2008 (Act No 8 of 2008).

(c)     Government Notice No R.1058 published in Government Gazette No
    32692 dated 06 November 2009:  Proclamation of the effective date
    for the National Gambling Exclusions Database, in terms of the
    National Gambling Act, 2004 (Act No 7 of 2004).


(d)     Government Notice No 1039 published in Government Gazette No
    32673 dated 06 November 2009: Standards Matters in terms of the
    Standards Act, 2008 (Act No 8 of 2008).


(e)     Government Notice No 1065 published in Government Gazette No
    32694 dated 13 November 2009:  Proposed amendment of the compulsory
    specification for plugs, socket-outlets and socket-outlet adaptors
    (VC 8008), in terms of the National Regulator for Compulsory
    Specifications Act, 2008 (Act No 5 of 2008).

(f)     Government Notice No 1066 published in Government Gazette No
    32694 dated 13 November 2009:  Proposed amendment of the compulsory
    specification for glow starters for fluorescent lamps (VC 8039), in
    terms of the National Regulator for Compulsory Specifications Act,
    2008 (Act No 5 of 2008).
(g)     Government Notice No 1067 published in Government Gazette No
    32694 dated 13 November 2009:  Proposed amendment of the compulsory
    specification for appliance couplers for household and similar
    purposes (VC 8012), in terms of the National Regulator for
    Compulsory Specifications Act, 2008 (Act No 5 of 2008).


(h)     Government Notice No 1068 published in Government Gazette No
    32694 dated 13 November 2009:  Proposed amendment of the compulsory
    specification for manually operated switches for appliances (VC
    8052), in terms of the National Regulator for Compulsory
    Specifications Act, 2008 (Act No 5 of 2008).


(i)     Government Notice No 1069 published in Government Gazette No
    32694 dated 13 November 2009:  Proposed amendment of the compulsory
    specification for flexible cords for electrical appliances (VC
    8006), in terms of the National Regulator for Compulsory
    Specifications Act, 2008 (Act No 5 of 2008).


(j)     Government Notice No R. 1153 published in Government Gazette No
    32781 dated 11 December 2009: Regulations:  Payment of levy and
    fees with regard to compulsory specifications:  Amendment, in terms
    of the National Regulator for Compulsory Specifications Act, 2008
    (Act No 5 of 2008).


(k)     Government Notice No R. 1154 published in Government Gazette No
    32781 dated 11 December 2009: Regulations:  Payment of levy and
    fees with regard to compulsory specifications:  Amendment, in terms
    of the National Regulator for Compulsory Specifications Act, 2008
    (Act No 5 of 2008).


(l)     Government Notice No R. 1155 published in Government Gazette No
    32781 dated 11 December 2009: Regulations:  Payment of levy and
    fees with regard to compulsory specifications:  Amendment, in terms
    of the National Regulator for Compulsory Specifications Act, 2008
    (Act No 5 of 2008).


(m)     Government Notice No R. 1156 published in Government Gazette No
    32781 dated 11 December 2009: Regulations: Payment of levy and fees
    with regard to compulsory specifications:  Amendment, in terms of
    the National Regulator for Compulsory Specifications Act, 2008 (Act
    No 5 of 2008).

                     WEDNESDAY, 10 FEBRUARY 2010

ANNOUNCEMENTS

National Assembly

The Speaker

1. Withdrawal of tabling and referral

   Please note: The tabling in terms of section 231(2) of the Constitution, 1996, and referral of the Memorandum of Understanding (MOU) between the Government of the Republic of South Africa and the Government of the Republic of Angola on Cooperation in the Field of Human Settlements to the Portfolio Committee on Human Settlements for consideration and report, published in the Announcements, Tablings and Committee Reports of 10 December 2009 and 26 January 2010 respectively, are withdrawn.

2. Referral to committee of paper tabled

   (1) The following paper is referred to the Portfolio Committee on Human Settlements:

   (a) Memorandum of Understanding (MOU) between the Government of the Republic of South Africa and the Government of the Republic of Angola on Cooperation in the Field of Human Settlements, tabled in terms of section 231(3) of the Constitution, 1996.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Trade and Industry

(a)     Government Notice No 936 published in Government Gazette No
    32600 dated 2 October 2009: Standards Matters in terms of the
    Standards Act, 2008 (Act No 8 of 2008).


    Correction: The above entry replaces item 1(b) published under  the
              name of  the  Minister  of  Trade  and  Industry  in  the
              Announcements, Tablings and Committee Reports (ATC) of  9
              February 2010 page 25.

1. The Minister of Justice and Constitutional Development

(a)     Report on the provisional suspension of a magistrate:  Mr  M  T
    Masinga, an additional magistrate at Emlazi, KwaZulu Natal in terms
    of section 13(3)(c) of the Magistrates Act,  1993  (Act  No  90  of
    1993).


(b)     Report on the provisional suspension of a magistrate: Mr W J  M
    Prinsloo, an additional magistrate  at  Ermelo,  KwaZulu  Natal  in
    terms of section 13(3)(c) of the Magistrates Act, 1993 (Act  No  90
    of 1993).


(c)     Report on the provisional suspension of a magistrate:  Mr  L  B
    Maruwa, an additional magistrate at Daveyton, Gauteng in  terms  of
    section 13(3)(c) of the Magistrates Act, 1993 (Act No 90 of 1993).


(d)     Report on the provisional suspension of a magistrate:  Mr  M  K
    Chauke, an additional magistrate at Pretoria, Gauteng in  terms  of
    section 13(3)(c) of the Magistrates Act, 1993 (Act No 90 of 1993).
(e)     Draft Regulations made in terms of section 97(1) of  the  Child
    Justice Act, 2008 (Act No 75 of 2008).

1. The Minister of Human Settlements

 a) Memorandum of Understanding (MOU) between the Government of the
    Republic of South Africa and the Government of the Republic of
    Angola on Cooperation in the Field of Human Settlements, tabled in
    terms of section 231(3) of the Constitution, 1996.

1. The Minister of Police

 a) Report of the Independent Complaints Directorate on Domestic
    Violence for the period January – June 2009, tabled in terms of
    section 18(5)(c) of the Domestic Violence Act, 1998 (Act No 116 of
    1998).

                      FRIDAY, 12 FEBRUARY 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1 Classification of Bills by Joint Tagging Mechanism (JTM)

(1)    The JTM in terms of Joint Rule 160(6) classified the following
     Bill as a section 75 Bill:

     a) Protection from Harassment Bill [B 1 – 2010] (National Assembly
        – sec 75).

COMMITTEE REPORTS

National Assembly

1. REPORT OF THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES ON THE APPOINTMENT OF MEMBERS TO SERVE ON THE NATIONAL COUNCIL FOR CORRECTIONAL SERVICES IN TERMS OF SECTION 83(2)(h) OF THE CORRECTIONAL SERVICES ACT, 1998 (NO. 111 of 1998), DATED 9 FEBRUARY 2010

The Letter from the Minister of Correctional Services requesting
consideration of a shortlist of candidates to be appointed as
representatives of the public on the National Council for Correctional
Services was referred to the Portfolio Committee on Correctional
Services on 26 January 2010 [ATC, No1-2010]. The Committee, having
deliberated, unanimously agreed that the following persons be appointed
in terms of the above-mentioned provision:


1.      Dr Kgamadi Joseph Kometsi
2.      Ms Lusanda Rataemane
3.      Dr Maletse Mako
4.      Ms Busi Ngobeni
5.      Ms Lynn Smit
6.      Dr Mohamed Randera
7.      Dr Hema Hargovan
8.      Adv Silas Nkanunu

                      MONDAY, 15 FEBRUARY 2010

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