WEDNESDAY, 10 MARCH 2010 __

                PROCEEDINGS OF THE NATIONAL ASSEMBLY
                                ____

The House met at 15:05.

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

ANNOUNCEMENTS, TABLINGS AND COMMMITTEE REPORTS – see col 000.

                   APPLICATION OF SUB JUDICE RULE

                              (Ruling)

The DEPUTY SPEAKER: Order! Hon members, before we start with the business of today, I would like to take this opportunity to recognise, in the gallery, a delegation from the National Assembly of the Republic of Hungary, led by His Excellency Mr Mandur. They are visiting as my guests and guests of this Parliament. You are most welcome here and we hope you will have a fruitful visit to our Parliament. [Applause.]

Hon members, again before we start, I would like to deal with a ruling matter from the Questions session of last week. During Question Time on Wednesday, I indicated that I would get back to the House with a ruling on the application of the sub judice rule. This was necessitated by objections by some members to an assertion by the Deputy Minister of Police that he could not give answers to a particular question on the basis that the matter was sub judice.

I was also asked to rule on whether two questions that were similar in substance should have been allowed. I had time to study the unrevised Hansard and would now like to rule as follows: Rule 67 of the Rules of the National Assembly provides that “no member shall refer to any matter on which a judicial decision is pending”.

To be sub judice means a matter must be awaiting adjudication or be under adjudication by a court of law. The rationale for this Rule is that Parliament should not influence, or seem to be seeking to influence, the administration of justice. The mere intention on the part of a person to lodge a case does not make the matter sub judice.

Order! To balance the application of the sub judice rule and the right of members to freedom of speech, this House had ruled in the past that if a member discussed in general terms a matter that was before the courts, the sub judice rule was not contravened, provided the member did not refer to the matter that was sub judice in a way that prejudiced the case.

It is often not possible for the Chair to ascertain immediately the relevance of the sub judice Rule on a particular matter. For that reason the Chair would caution members to observe the spirit of the Rule or ask that the matter be postponed until a determination has been made. I must also remind members that it is an established practice in this House that it is not for the Chair to ascertain the accuracy or otherwise of a statement made by a member.

Hon members, I cannot emphasise enough that Question Time is a treasured occasion for members as it presents them with the opportunity to hold members of the executive accountable for their functions, bearing in mind that it is not every day that this House has the opportunity to ask questions to the executive. It is, therefore, desirable that every effort is made to provide members with the information they seek to obtain through their questions. It must only be in exceptional cases and for good reasons that a question on the Question Paper for the day is not responded to.

Therefore, best practice dictates that should a Minister have legitimate concerns about particular questions, such questions should be brought to the attention of the House beforehand so that members are duly informed.

Had that been the case last week, the proceedings could have been different. While the Deputy Minister may have believed the matter dealt with in the question fell under the sub judice rule, information at my disposal is that the matter is currently not before a court and is therefore not covered by the Rule.

Members will recall that proceedings on the question by hon J D Kilian were effectively suspended, pending verification of the facts. In view of what I have stated above, namely that the sub judice rule does not apply to this instance, should hon Kilian still wish to obtain the information she sought through the question, she may utilise the option of a question for written reply. Alternately, she may approach the Speaker with a request for the question to be asked outside of the cluster. The same principle will apply in respect of hon T W Coetzee’s question.

I would now like to reflect on the other matter which was raised by the Deputy Minister of Transport, namely whether it was correct to have questions that are substantially or exactly the same on the same Question Paper for reply. This was with reference to Questions 21 and 34. Best practice would again dictate that this is undesirable.

Care should have been taken in the editing of these questions to eliminate duplication. I am assured in this regard that measures have been put in place to prevent a recurrence of this in future. In conclusion, I wish to remind all hon members that this House operates within the context of the Constitution, Rules, convention and practice. I am very concerned at the manner in which members tend to respond to the Chair when rulings are made, especially if they happen to disagree with a ruling.

I would like to assure the House that it is never the intention of the presiding officer to stifle debate or deny members their right to freedom of speech. That’s exactly what you are doing now. [Laughter.]

A ruling should, however, be queried in the proper way. A member may disagree with a ruling of the presiding officer, but must accept the word of the presiding officer and may not argue or cross-examine the Chair. Presiding officers have a duty to ensure the smooth running of proceedings, and continuous Points of Order definitely do nothing to enhance debate or the image of this House. Thank you very much, hon members, I hope you will bear that in mind. [Applause.]

Dr C P MULDER: Hon Deputy Speaker, may I address you on this ruling?

The DEPUTY SPEAKER: Yes, hon member.

Dr C P MULDER: Thank you, Ms Deputy Speaker. What you are pointing out is exactly right. But, firstly, it is also best practice that members shouldn’t repeat previous Points of Order, which is happening from time to time. Secondly, before the hon Speaker or Deputy Speaker or presiding officer makes a ruling, perhaps he or she should allow other members of the House to address the presiding officer on the Points of Order being taken before a ruling is made because, obviously, it’s not always easy for the presiding officer to make an immediate ruling. Maybe it is a good thing and best practice to allow other members to address that presiding officer on the Point of Order being made before a ruling is made. After a ruling has been made, that’s a different question. But before a ruling is made, it’s best practice to allow members also to address the hon presiding officer. Thank you.

The DEPUTY SPEAKER: You are correct, hon member. I am not sure which incident you refer to, but in rulings I’ve made as a Chairperson, I didn’t take Points of Order only when people wanted. After I had made a ruling, they wanted to disagree about that ruling. If that’s what you mean, you’re right. When the Chair makes a ruling – that’s exactly what I was saying – in most cases when we say we are going to look at the matter and come back to make a ruling, it is because we want to be sure.

So, when the presiding officer is saying “This is what I’m ruling”, you might disagree but you cannot sit there and say it is wrong. Imagine if I did that to a magistrate when I was being sentenced; if I said, “I do not agree”. There would be chaos in this country if we do that. [Applause.] Dr C P MULDER: Hon Deputy Speaker, may I address you further on that same point? I agree with what you are saying. [Interjections.]

The DEPUTY SPEAKER: But … [Interjections.]

Dr C P MULDER: All I’m saying, Deputy Speaker, is there are instances when the presiding officers do not refer the matter for consideration, but immediately take a Point of Order and make a decision. The point I am making is: It is best practice to allow further Points of Order to be taken before you make up your mind and give a ruling. That’s something different. Thank you.

The DEPUTY SPEAKER: Hon member, I hear your point and I hope no presiding officer would do such a thing. Thank you.

                      QUESTIONS FOR ORAL REPLY
                           SOCIAL SERVICES
                              Cluster 2

MINISTERS:

Measures introduced to attain international standard in ratio of social workers to total population

4 Adv A D Alberts (FF Plus)asked the Minister of Social Development:
  What (a) is (i) the ratio of social workers to the total population
  and (ii) the international standard in this regard and (b) measures
  has she introduced to attain the international standard?
                                               N0395E

The MINISTER OF SOCIAL DEVELOPMENT: Hon Deputy Speaker, my response to the question asked by hon Alberts is as follows: The ratio of social workers to total population is currently standing at 1:5 000. We also have about 4 799 student social workers who are in training. It should also be noted that the existing number of social workers reflects only the social workers employed by government. The ratio has, therefore, been calculated based on the existing number of social workers employed by government.

I must mention, though, that we still lose social workers to other sectors of the economy in our country through career change. Hon Deputy Speaker and hon member Alberts will be happy to note that the figures we are referring to indeed offer new entrants a social work career, in addition to those who are already there, and cover the whole spectrum of South Africa’s demographic.

The international standard for the established norm and ratio for social workers happens to be 1:5 000. It is a coincidence that we have the same figure, but South Africa is on par with the international standards. There is, however, a demand for more social workers due to the fact that South Africa is a developing country with high levels of poverty, deprivation and HIV incidence, which compounds the problem.

The Department of Social Development has developed a recruitment and retention strategy for social workers, to recruit and retain social workers within our country. As part of the implementation of our strategy in South Africa, we also provide scholarships to students who want to pursue social work as a profession.

Since the inception of this programme, the National Treasury committed an amount of R50 million in the 2007-08 financial year, R105 million in 2008- 09, R210 million in 2009-10, and R22 million in the 2011-12 financial year.

In 2008, 816 students graduated, and 1 600 in 2009. Our department offers career fairs annually to high school students to intensify the marketing of the social work profession. We also implemented, very successfully, the occupation-specific dispensation, OSD. The regrading of social workers’ salaries was implemented as part of our retention strategy for social workers, and these are the measures that we are applying in that regard. Thank you. [Applause.]

The DEPUTY SPEAKER: Thank you, hon Minister. Is hon Alberts here?

Dr C P MULDER: Hon Deputy Speaker, Mr Alberts is not able to be in the House today. Is it in order if I ask a follow-up question on his behalf?

Thank you, hon Minister, for a comprehensive answer. The basic question is: We are obviously looking at the situation because we want to assist the most vulnerable in our society: women and children. What measures can be taken, from government’s side, to bring things more in line with what is happening in the private sector with regard to social services? What measures can be taken to enhance the remuneration packages of our social workers in state employ to sort out this problem?

We are thankful that the ratio compares so favourably, but we still need to retain our social workers. What can be done? Thank you.

The MINISTER OF SOCIAL DEVELOPMENT: Hon Deputy Speaker, as I said, the OSD has been successfully implemented within government. The same has not happened and cannot happen in the private sector, nor in the NGO sector, particularly because the OSD was a government-implemented programme.

We are, however, very aware of the challenges faced by the private sector as well as the NGO sector with regard to getting their salary packages on par with those of government. Indeed, we have engaged with the private sector, in particular the NGO sector, to try and find mechanisms to support those NGOs that employ social workers who are not at the same level as those in government. Indeed, we need that support so that government is assisted effectively.

When we have completed the discussions and mechanisms that we are exploring, we will certainly begin to implement all those mechanisms. Thank you very much.

Mrs S P KOPANE: Deputy Speaker, let me thank the hon Minister for the response she gave us. Minister, how can the government pass the Children’s Act when there is only 17% of social workers to implement the Act?

The government’s own costing report clearly stipulates that to implement the Act properly more than 66 000 social workers are needed. We have a shortfall of 83%, Madam Minister. This does not take into consideration the number of social workers needed for other Acts, such as the Older Persons Act, that also require a large number of social workers. Thank you.

The MINISTER OF SOCIAL DEVELOPMENT: Earlier in my response I indicated that we are currently on par with international standards. However, I also did indicate that South Africa, being a developing country, will require more social workers.

Certainly, we agree that greater numbers are required, not only to implement the Children’s Act, but also to support the Department of Basic Education in the recently agreed-upon measures that we are to apply – measures of conditionalities that were attached, and many other fields.

As I said, we are currently training social workers. Fortunately, Treasury and the entire government saw the need for us to increase the number of social workers that we are training. I did indicate that we are doing career fairs. We are, on an annual basis, increasing these numbers, and we believe that, all things being equal, we shall get to the point where we want to be.

I indicated earlier that people do change careers and leave the profession. If more social workers who are already trained do not move out to other sectors, we believe we will make it if we continue with training the way we are doing. Thank you.

Mrs C DUDLEY: Deputy Speaker, may I ask the hon Minister what progress is being made to improve the ratio of social workers in the Eastern Cape where, last October, the ratio was 1:6 000? At the time, the department said it was double the burden of the rest of the nation.

How successful has the marketing been, generally, in attracting youth with Grade 12, and especially young men, because currently three quarters of the social workers in South Africa are women? Is the marketing aimed at both men and women, or do we need to re-examine this? Thank you.

The MINISTER OF SOCIAL DEVELOPMENT: Deputy Speaker, again, I did indicate earlier that we are looking at the entire spectrum of the South African demographic when we recruit. And we are working with provinces very intensively. Provinces themselves, jointly with the national Department of Social Development, do this marketing drive together. The hon member is asking about the Eastern Cape in particular: In that province, similarly, we are continuously embarking on the recruitment of social workers.

I must say also - something I did not mention earlier - that even when we say we are on par, the reality is that there is still some inequality and inequity in provinces and in the provincial spread. That is the kind of thing we are working on, as asked by hon Dudley. Thank you.

Ms H N MAKHUBA: Madam Deputy Speaker, let me thank the hon Minister. The IFP is happy to hear today, Minister, that currently the Department of Social Development has in place ways of encouraging young people to study social work at tertiary level.

However, once these students qualify in this field, do we have any retention strategies in place to ensure we do not lose these critical skills to other countries, as has been the case with our doctors and nurses? Thank you.

The MINISTER OF SOCIAL DEVELOPMENT: Deputy Speaker, may I say that if hon members read the newspapers last week, they would be aware of indications that the majority of our people who left this country, particularly professionals, are beginning to come back home. That is most welcome.

Fortunately for us in the Department of Social Development, we have not had quite such an exodus of social workers, but as I said earlier on, we are implementing the OSD. That programme of our government is intended to ensure that we remunerate our professionals in the field of social work in such a manner that they will stay. That on its own is part of the retention strategy.

Indeed, the salaries and packages they are getting right now compare favourably. That is a very strong element of retention. However, it is never going to be easy to compel people to stay within a particular profession. From time to time, people move from one profession to another. That aspect we are not able to do anything about.

The only thing we do is to offer bursaries, scholarships, etc. We also do our best in terms of the working conditions we provide, and to ensure that we implement this OSD. That is, for now, as far as we can go. We are doing that with all the other bodies that manage and govern the social work profession. Thank you very much.

             Impact of extension of child support grant

1. Mrs Y R Botha (ANC) asked the Minister of Social Development:

   (a) What impact will the extension of the child support grant have on children attending school, (b) how will this extension improve the livelihood of the affected families and (c) how will intergenerational poverty be eradicated? NO572E

The MINISTER OF SOCIAL DEVELOPMENT: Deputy Speaker, the response to the question asked by hon Y R Botha is as follows. Indeed, hon Deputy Speaker, there is a large body of empirical evidence that confirms both the developmental and poverty-reducing effects of child support grants. Various studies have found that children who receive this kind of grant are significantly more likely to be enrolled in schools in the years following receipt of the grant than equally poor children of the same age.

To evaluate grant types and their causal role in helping children to get to school, other studies have compared the outcomes of children receiving the grant with those of their siblings who were too old to benefit from this grant. In this regard it was found that siblings of grant recipients, when they are actually compared to the younger children, were less likely to be enrolled in schools.

It was also found that a household in receipt of a child support grant is associated with a reduction of approximately 22% to 25% in school nonattendance. Thus, the grant appears to have a positive impact on school enrolment and attendance.

Studies also indicated, hon Deputy Speaker, that many children stop attending school when they reach the cut-off age of grant eligibility. Even though school enrolment and attendance is high at the lower levels of education, many learners are unable to complete secondary schooling. The most common reason for this nonattendance is that there is no money for school fees. Therefore, the extension of the child support grant will indeed increase the chances of older children to enrol, attend and, indeed, complete their secondary schooling.

Empirical research indicated a 20% reduction in household poverty where there is a child in receipt of a child support grant. By extending the eligibility age to 18 years, that reduction will be 21,4%.

Studies also indicated that social grants are effective in addressing hunger as well as basic needs in general. In a household that receives social grants, spending focuses more on basics such as food, fuel, housing and household operation for the purpose of getting children studying and in school. Less is spent on tobacco and debt servicing than in households that do not receive grants.

Therefore, it is assumed that the further extension of the child support grant would continue to strengthen families by providing households with more resources to improve their wellbeing. Poverty and its consequences erode the opportunities for children and youth to attend school, creating a vicious cycle of destitution and undermining the household’s capacity to accumulate the human capital that is so needed.

Hon Deputy Speaker, empirical evidence also indicates that social grants given to those children in South Africa are developmental in nature. Children from households that are receiving grants are more likely to attend school and the extension of child support grants will undoubtedly enable these children to complete their education. The better educated our labour force, the more competitive they would be in the labour market, and higher productivity will mean higher wages and salaries. The progressive extensions of the child support grant hold the potential to diminish intergenerational poverty in our country. Thank you. [Applause.]

Mrs Y R BOTHA: Deputy Speaker, just a follow-up question to the hon Minister: We all know that, contrary to what some people say, social security is the government’s biggest poverty alleviation tool. Could the hon Minister please provide the House with the number of children who will be accommodated on the social pensions, Socpen, system, the extension of the child support grant? Can the hon Minister also provide us with the total number of grant beneficiaries currently in the social security system?

The MINISTER OF SOCIAL DEVELOPMENT: Hon Deputy Speaker, indeed, as I said, our children will benefit and be able to attend school. The number of children who need to be enrolled through this extension is now standing at 2,1 million. As for where we are now, the number of current recipients 9,6 million, but the total figure of all recipients of grants, including the veterans, stands at 13 780 338. The last time we did the count was late last year. The new enrolment just for January already shows a move towards this number of 2,1 million children.

We do believe the enrolment will benefit more children and we appreciate the support and assistance given by our government and Treasury in general, also having covered our children who were born in December 1993. That means we now cover all children from 1 January up to now. Not even a single child will fall outside of this support, so the total will now include the entrance of 2,1 million new children. Thank you very much. [Applause.]

Mrs M N MATLADI: Hon Minister, I thank you for the presentation you have given in reply to the question about children’s grants. The question I would like to pose to you pertains to this grant being misused, especially by the young mothers who normally collect it but don’t use it for the purpose it is intended for. What I would like to find out from the department is: Are there mechanisms in place to address this matter so that the grant does what it is supposed to do, which is to take care of children? I thank you.

The MINISTER OF SOCIAL DEVELOPMENT: Deputy Speaker, we have heard anecdotes of young mothers who are spending the money on their hair and things like that. We are taking these issues seriously. But I must say that the studies and research we have done produced empirical evidence allowing us to determine that, in terms of the registration of new children entering the system, most of the registrations are actually done after two years of age. That tells us, in fact, that if young mothers were indeed registering their children for the purposes of using this money for something else, they would register them right in the first month after birth.

So, this is actually something that we have been able to prove. However, recently we have adopted a mechanism of attaching conditions. I must say that these are soft conditions, not hard conditions, meaning we are not going to be taking any money from any child. There is an agreement between ourselves and the Department of Basic Education that there will be an exchange of reports from time to time on children who may not be attending school. We can then release social workers to go into those families and find out what the challenges are so that we are able to deal with the problems.

In other words, if the child’s benefit is being used for anything else, we will be able to detect that through this mechanism and be able to deal with that particular case instead of just sweeping everything under the carpet and it becoming just anecdotal.

It is a matter that we take seriously, as I said. That’s why we introduced these conditions. It doesn’t mean we will take those monies away from children, but we will really drill deep down into what the problems are and how the money is being used and correct that. Thank you very much. [Applause.]

Mrs H LAMOELA: Madam Speaker and hon Minister, the previous question dealt with the chronic lack of social workers. How will the government monitor whether children receiving the child support grant are indeed attending school and benefiting directly from the grant when there are not enough social workers to monitor the situation? Thank you.

The MINISTER OF SOCIAL DEVELOPMENT: Hon Deputy Speaker, I suppose this question was expecting the previous answer to be that we don’t have social workers, but we didn’t say that. We said their numbers are on par. However, we recognise that we still need to do more. We need to get more social workers, given that we are a developing country. We also indicated that there is a plethora of legislation that we need to implement, including these new conditions which are not necessarily imposed by any legislation.

So in all that work we recognise that there really is a need for more social workers. By the way, there is something I haven’t mentioned: We also have practitioners out in the field who are doing the lighter jobs which do not require a high level of professional skill. So, those people are assisting us at present, but we are doing our best to get more social workers to implement the entire spectrum of the work that we need to do. This ranges from the implementation of the Children’s Act, support work to strengthen the family as the basic unit in our society and working with the elderly to even the new programmes that are being employed in the area of health and the entire spectrum of work that Minister Motsoaledi will be doing.

But, as Minister Motsoaledi will say, we will also be calling upon retired social workers to help in case there is the need to do that. That call has been made but for now we don’t really have a shortage. We are just recognising that the work we do is enormous and we need to get more and more hands. We are training at the same time, as I said earlier on. Thank you very much. [Applause.]

Mr N SINGH: Madam Deputy Speaker, in asking this question to the hon Minister I do realise that the implementation of policy and programmes resides with the provinces and the SA Social Security Agency, Sassa, at the provincial level. However, hon Minister, during a recent visit to many secondary schools in my area, one of the issues that stood out prominently was the inability of children up to the age of 18 years to access these grants.

It was not because of age, but because of difficulties in obtaining identity documents, IDs, or because parents were late, and other difficulties. I’m wondering whether the department would facilitate a coming together of the Departments of Education and Home Affairs and target specific schools where they can assist young people at school to obtain the relevant documents so that they can qualify for this grant. Thank you.

The MINISTER OF SOCIAL DEVELOPMENT: Hon Deputy Speaker, let me firstly remind hon member Singh that we are not registering the 18-year-olds yet. We are still dealing with those who have reached 16 years of age. We are moving incrementally towards 18. But yes, there has been a challenge stemming from the inability to get the necessary documentation for some of the children so that they can actually register.

This department and the Department of Home Affairs have come up - we’ve been working together for quite some time now - with a process or a mechanism that ensures you can use alternative documents, or supporting documents, for identification of whatever sort. We have a set of agreed documents that can be used so that the children or the young mothers or people who still need access to IDs will have these alternative documents.

There is a whole set of things that we are using to make IDs available so that our children or the mothers - the beneficiaries - can be registered and their children can get these funds. If there is a problem anywhere, we would have to attend to it. We would love to know of specific cases. Thank you very much.

    Investigation into concerns regarding use of Tamiflu vaccine

1. Mrs C Dudley (ACDP) asked the Minister of Health:

   (1) Whether he will institute an investigation into concerns with regard to using the Tamiflu vaccine in the national swine flu immunisation campaign which starts on 15 March 2010, after it was withdrawn in America because of dangerous side effects; if not, why not; if so, what are the relevant details;

   (2) whether he will take any measures to ensure that the public is informed regarding the risks before the immunisation campaigns begin; if not, why not; if so, what measures? NO610E

The MINISTER OF HEALTH: Madam Speaker, the answer to the question asked of me is as follows. Hon member, nowhere in the world is there a vaccine called Tamiflu. It does not exist. Tamiflu, rather, is the commercial name of a drug; also Tamivir, which is an antiviral, but we do not have any vaccine by the name of Tamiflu. Thank you, Madam Speaker.

Mrs C DUDLEY: Yes, Speaker, before I give the follow-up questions, I would like to say that, according to a confidential warning letter written on 29 July 2009, a copy of which was leaked to the British press, the Head of Immunisation of the UK government’s Health Protection Agency warned British neurologists that the swine flu vaccine, which was briefly used in a mass vaccination programme in 1976 in the USA until it was abruptly withdrawn because of dangerous side effects, is likely to cause Guillain-Barré syndrome, GBS, which attacks the lining of the nerves, causing paralysis and the inability to breathe. It can be fatal. Obviously – and there was another study which showed that the likelihood of GBS was 800% after the immunisation – these are matters for concern.

So, the question I’m really asking is, have we looked into these concerns? Are we absolutely sure that this is not going to be problematic? Our immunisation roll-out starts on Monday, I believe. Has the vaccine ever been tested on children or expectant mothers, particularly since these are two primary groups targeted to receive the vaccine? Will you take any measures to ensure that doctors, particularly neurologists, are informed of the risks before the immunisation campaigns begin? If not, why not? And if so, what measures can you let us have? Thank you.

The MINISTER OF HEALTH: Madam Speaker, I am sure you will appreciate that that is a new question altogether. I was asked a question about the use of the Tamiflu vaccine, which is supposed to have been banned in the United States of America, and I reported that there is no such vaccine anywhere in the world. We are not going to vaccinate anybody with Tamiflu. So, if you want to ask another question about something that happened in the UK in 1976, can that question come? We will be able to respond to it then, but this is the question I have been asked for today.

Mrs C DUDLEY: Madam Chair, on a point of order: We have an immunisation roll-out on Monday. This is very serious, and it might be funny just to …

The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, you were supposed to ask a follow-up question according to the response of the Minister. Therefore, take your seat.

Mrs C DUDLEY: Sorry, Chair, I think there is a misunderstanding, because …

The HOUSE CHAIRPERSON (Ms M N Oliphant): No, hon member, I am not going to deal with misunderstandings between you and the Minister. Just take your seat.

Mr M WATERS: Thank you, Chairperson. The department is set to start an H1N1 flu immunisation campaign on Monday, and that is stipulated in the question, hon Minister. That is 15 March. However, the vaccine has not been approved by the MCC yet. This highlights, once again, the lack of ability by the department to deal effectively with potential epidemics. How does the Minister intend to start a campaign when the vaccine has not been approved? I thank you.

The MINISTER OF HEALTH: Thank you, Madam Speaker. Look, we have made a date, the possible start date of the vaccination campaign. If we are not ready; if, by any chance, the Medicines Control Council, MCC, has not yet passed that particular vaccine, we will definitely postpone the campaign. The vaccines we are using here have been passed elsewhere in the world. I announced in this House, during the debate on the state of the nation address, the vaccines that have been ordered from countries around the world, the vaccines that have been passed by relevant medical authorities around the world, and the number of vaccines that are being donated to South Africa.

If there is any technical problem that the hon Waters knows of or might have encountered or has mentioned, then we will inform people accordingly. Vaccination is not an emergency, in this case. We are just vaccinating people before the winter period in which, we believe, the H1N1 virus will become a problem.

Mr D A KGANARE: Thanks, Chairperson. Hon Minister, you can ridicule the hon Dudley when you understand the context within which she was asking the question, but the issue is …

The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, you have to raise your question according to the response of the Minister. Whether he ridiculed the member or not is none of your concern. Okay, continue then.

Mr D A KGANARE: I am there. It is unfortunate that I am told to ask the question before I’ve finished the sentence, because that was my preamble to the question. And there is nothing stopping me from having a preamble to a question.

Hon Minister, if the MCC has not approved the vaccine, and you have created the impression that the roll-out will take place as from Monday, why did you not communicate that you might have to change the deadline?

The MINISTER OF HEALTH: Madam Speaker, I am not really sure what this war is all about here. I have not ridiculed anybody. I have just stated facts. I was asked a question about a vaccine called Tamiflu, which does not exist. Where does ridiculing come in? I am not ridiculing anybody.

But on the issue of immunisation, Madam Speaker, the decision whether a drug is safe to immunise people with, or to give to people, is not made in Parliament. All around the world, it is done by scientists. It is never made in Parliament by me, but by scientists. [Laughter.] [Applause.] All the vaccines that are available now have been passed, even by the World Health Organisation. That is the body of scientists and authorities from around the world, authorities in medical matters, even higher than this Parliament. If they decide that this vaccine can be used, we actually use it.

So, I am not sure whether we should debate it here in this Parliament. We do not have that knowledge. I do not know where you will have got it from, because I have never seen you going to any university of medicine to study these things. [Laughter.] So, why don’t you leave it to scientists? [Applause.] Please, allow the scientists to deal with this matter and let us stop politicising these issues!

Dr A N LUTHULI: Thank you, Chair. Thank you, Minister, for your answer to the question, but I think this question has just been thrown open now, in whichever way one wants to take it.

Can the hon Minister perhaps tell the House what the side effects are of Tamiflu tablets, which are used to treat the virus? Perhaps that is what the question should have been, as we are agreed that there is no such thing as the Tamiflu vaccine. It does not exist. The vaccine is the H1N1 vaccine. So, perhaps we should move in the direction that perhaps the original question was really about Tamiflu tablets, which are actually for the treatment of the virus - it is not a vaccine. So, perhaps the hon Minister can help the House and enlighten them on the side effects. [Applause.]

The MINISTER OF HEALTH: That, Madam Chair, I am indeed able to do. That I am able to do. Tamiflu was used very successfully during the H1N1 outbreak we experienced. I even wrote you letters, hon members, if you remember, and I told you about Tamiflu. All of you received those letters. We do not know of any significant side effects during that campaign, or whether anybody complained of side effects of Tamiflu that makes it worth withdrawing, nor do we know of any part of the world where Tamiflu has been withdrawn because of side effects. It is used successfully as an antiviral against H1N1, and throughout that campaign we never experienced any problems. Thank you. [Applause.]

     Policy and budget regarding development of hostels at mines

1. Mr B W Dhlamini (IFP) asked the Minister of Human Settlements:

   Whether his department has a policy and specific budget for the development of hostels at mines; if not, why not; if so, what are the relevant details? NO604E

The MINISTER OF HUMAN SETTLEMENTS: House Chairperson, hon Dhlamini’s question is about whether or not we have a budget and a policy for upgrading hostels at mines. The answer is, fortunately, no. The hostels on mine properties are the domain of the mining houses and various other corporations. Nevertheless, those corporations have a duty to upgrade those hostels in line with government policy that says we must do away with single-sex hostels, which are associated with degrading human conditions.

Let me give further information. From our side as government, we do have a policy as well as a budget for those hostels owned by government, in this case the various municipalities. I would like to invite hon Dhlamini to come with us to visit Dube hostel - Umntwana [Prince] knows that hostel very well - which is near my home. There he will experience the first phase of the improvement of that hostel, part of the process that will see the upgrading of all hostels that need it. We will be travelling with the President of the Republic to visit the hostel at Dube, so that you can see how the policy as well as the budget is being implemented regarding our own hostels. But, regarding those of mining companies the answer is no. [Applause.]

The HOUSE CHAIRPERSON (Ms M N Oliphant): Is Mr Dhlamini in?

Mr A M MPONTSHANE: Deputy Speaker, I would like to apologise on behalf of Mr Dhlamini, who had to go away. Also, I would like to accept the invitation that the Minister has extended to him to visit Dube hostel. Thank you.

Mr A M FIGLAN: Deputy Speaker, in terms of the Mining Charter the Minister is required, in consultation with the Minister of Minerals and Energy, to develop a housing and living condition policy for the mining industry. This requirement would have been finalised by February 2009. Therefore, can the hon Minister tell us whether this has been implemented? If not, why not? If it has been implemented, in which provinces have units been upgraded? Also, could the Minister tell us how many units have been upgraded, and what type of upgrades have been installed? Thank you.

The MINISTER OF HUMAN SETTLEMENTS: House Chair, well, that is a new question altogether; it is not a follow-up. However, let me again state that the policy is in place and it only affects the upgrade of systems owned by government. The Department of Human Settlements itself does not own any properties. These properties are owned by municipalities.

Working together with the municipalities, we are making sure that these upgrades will take place. Secondly, we are also making sure that ownership eventually gets transferred to the people themselves. Thirdly, we want to make sure that those hostels and other such structures are integrated into the various townships and villages in which they are located.

During the days of apartheid, such structures were kept away from people and people were isolated whilst they were located within townships and villages. The integration of all these systems is part of the mandate of the Department of Human Settlements, so that all people have a sense of belonging. Thank you.

Mr T BOTHA: House Chair, can the Minister confirm - as he said earlier - that Dube is now closer to Houghton, because it’s near his house? [Laughter.] Furthermore, can the Minister tell us whether government is doing anything regarding the private sector’s request for assistance in converting some of the hostels or building decent accommodation closer to the mines?

The MINISTER OF HUMAN SETTLEMENTS: House Chairperson, may I ask the hon member to please repeat the question because I was taking notes. [Laughter.]

Mr T BOTHA: House Chairperson, my question is based on the fact that, at some point, some of the mining houses approached government and expressed the new that they would like government to provide subsidies to areas where they wanted to build houses closer to the hostels and to convert the hostels into proper, decent accommodation. Could the hon Minister tell us whether that is being pursued?

The MINISTER OF HUMAN SETTLEMENTS: House Chairperson, I would also like to refer the hon member to the answer I gave in reference to why it is important for mining houses to take care of their own. However, government legislation is very, very clear in respect of human settlement: Where people work must be where they play and, also, stay.

The mining houses - and I’ve said this in the past have the obligation to build houses for their own staff; the thousands of mineworkers who go underground every day. Secondly, in terms of the new mandate, when building houses for their staff, they have to take into account the fact that those mines are located within specific existing communities. Northam Platinum mines, where 3 000 houses had to be built for staff, including people from the local community, is a key example to keep in mind. Therefore, the Department of Human Settlements is no longer about housing.

In as much as mines are there, they should not be stand-alone entities. It is about the integration of communities and the consolidation of resources, both of these mining houses and of the municipalities, provinces and government assisting these communities. So, working together with communities at provincial and local government levels, and including the mines, we are putting an integrated strategy on the ground.

I would like the House to rest reassured that my task as Minister is to ensure that such policies eventually assist the poorest of the poor by deterring the mining companies from using loopholes in government policies

• because sometimes it’s their money - to get away with what they have been doing over a period of time. I thank you.

Research findings and interventions regarding learner retention in schools

1. Ms F I Chohan (ANC) asked the Minister of Basic Education:

   (a) What were the findings of the research that was conducted into learner retention in schools and (b) what interventions were identified by her department to address any challenges in this regard? NO562E

The MINISTER OF BASIC EDUCATION: Chair, the question relates to the retention and drop-out rates in our schooling system. The reply is that up to around Grade 9, we have almost 100% retention. This number reduces thereafter, because we begin to lose learners when they get to Grade 11 and 12.

To the second part of the question I want to reply that we have almost universal enrolment until the age of 16.

To the third point I want to reply that the survival rate for Grades 10, 11 and 12 between 1980 and 1984 – from research that Minister Pandor did – was 72%, 60% and 46%. This means that for Grade 10 the survival rate is 72%, for Grade 11 it is 60% and for Grade 12 it reduces dramatically. The learner retention at FET level indicates that the percentage of people with Grade 9 who reach Grade 12 tends to remain almost static over the years.

The member wants to know what methods we are using to retain learners. We use different methods. Repeaters are provided second opportunities. There is also some misunderstanding about the calculation of the drop-out rate, as we’ve said before. What tends to happen is that statisticians or commentators look at how many kids were registered in a particular year and calculate how many of those kids are there after 12 years. Normally, when learners have reached Grade 12, some of them have branched off to FET colleges and some have continued to matric. There is normally a misunderstanding when retention is calculated.

One reason for the dropping out of learners is repetition. When children fail, they feel discouraged and don’t repeat a grade. Sometimes it is a question of parental management or control, or it’s because of age. We see they drop out at the stage when they become older teenagers – around 16. Issues of criminality, teenage pregnancy and other social reasons also cause learners to drop out after Grade 9.

On the question of what interventions we have, I want to say that we are in the process of gazetting a policy on learner attendance. The policy encourages schools to investigate circumstances around learner absenteeism. Sometimes learners drop out after they have absented themselves from school for a very long time. If you are able to get them back while they are still absenting themselves, you are able to retain them in the system.

Another intervention is to expand the FET sector, to ensure that those learners who have no capacity, ability or even interest to pursue an academic field have another opportunity in an FET college. The other interventions involve working closely with stakeholders and we run ongoing campaigns to encourage parents and children to ensure that they do not drop out of school.

We are also running the Foundations for Learning campaign, which is geared at improving the quality of teaching and learning at schools, because poor teaching does discourage children from continuing their schooling. Schools that underperform have a high drop-out rate. Schools that perform well are able to retain their children longer. Again, it is all about the dysfunctional nature of some schools, which discourages children from going to school. Again, the department will attempt to ensure that there is greater adherence to the norms of age and grade by reducing repetitions through the improved quality of teaching and learning. I thank you.

Ms F I CHOHAN: Thank you, Chair, and thank you to the Minister for a comprehensive response. Clearly, dealing with this issue requires more than 10 minutes. Can I raise the issue of the survival rate between Grade 10 and 12? I am not sure whether it means that it is a survival rate. When you get to Grade 12, is it 46% of the original cohorts from Grade 1 or is it 46% of the cohorts from Grade 8?

I am also keenly interested to know whether there are accurate studies or reports that indicate if the FET facilities and sector education and training authority facilities are actually being taken up by those very learners who failed to complete their schooling. Are these places taken up by … [Time expired.]

The MINISTER OF BASIC EDUCATION: I hope I understood the question. The report I am working from is a report conducted by Minister Pandor in 2008. It is really dealing with the retentions up to 1984. It is, therefore, quite outdated. The point I am trying to make is that if you have a million learners that register this year and after 12 years there are only 500 000, there are reasons for there being only 500 000. I am saying that some learners are repeating, and, therefore, you will not find 100% of them. Some would have fallen pregnant. We allow them to come back, and that is part of the strategy to retain them. There is huge criminality and some learners go to prison. The point is, that 46% does not accurately reflect the number of learners who have dropped out. Some of them could have been diverted to FET colleges. They are not going to FET colleges because they are dropping out; they are going as a matter of choice. They do not want to go through the academic stream.

Mr A M MPONTSHANE: Chairperson, black children continue to be at the receiving end of the education system, which is clearly ailing. Recent studies have shown that drop-out rates are much lower in white and Indian communities than in coloured and black groups. This can be explained by historical reasons, but factors affecting such drop-outs are many and varied, from inexperienced teachers and teachers teaching subjects for which they are not properly qualified, to too great a dependence on foreign teachers. My question to you is: What steps are you going to take to make conditions attractive to those learners who dropped out because of the conditions in their classrooms? [Time expired.]

The MINISTER OF BASIC EDUCATION: Chair, that is what I would have admitted upfront, even in the NCOP. As much as we admit that there is a crisis in our education system, it is not a crisis in the entire system. It is a crisis for black or African children; it affects black or African children in particular.

You have stated some of the reasons. Other reasons are the continued poverty amongst our people and the continued lack of development in our communities. Some other factors affect African kids more than kids of other races.

Those things continue to harm the development and growth of an African child. As a department, in terms of our turnaround strategy, we focus on those areas, especially in black or African schools. In these schools we still have continued challenges. That is why, in our turnaround strategies, we are focusing on those areas. [Interjections.] Let us not talk about your identity. I am saying blacks and Africans in particular. We will talk about your identity afterwards.

The point I am making is that we are introducing the no-school-fees policy because that is one of the factors causing African kids to drop out. We are introducing buses, because the distances learners must travel to schools are great. We use all sorts of methods to retain them. Allowing them to come back to school after a pregnancy is also a method to retain them. All our turnaround strategies are beginning to address those challenges that affect black children in the schooling system. It covers everybody.

Dr J C KLOPPERS-LOURENS: Chair, I am going to speak Afrikaans. Would you like to switch on your microphone?

Minister, die werklike uitvalsyfer, korrek bereken vir die afgelope drie jaar, tussen 2007 en 2009, wissel tussen 76% en 78%. Baie redes is gegee, maar die leerders wat leerprobleme het, dra sekerlik by tot hierdie hoë, skokkende uitvalsyfer.

Is u bewus daarvan dat 10% van alle leerders in ons skole aan aandagafleibaarheidsindroom ly? Tans word daar geen remediërende werk in ons skole gedoen om hierdie leerders te help nie. U departement het alle hulpsentrums gesluit, alle hulpklasse is gestop en spesialis-onderwysers bestaan gewoon nie meer nie. Hierdie behoefte word dus nie aangespreek nie. Wat is u departement van plan om te doen om hierdie leerders by te staan, te begelei en te help? (Translation of Afrikaans paragraph follows.)

[Minister, the actual drop-out rate, when correctly calculated for the past three years, between 2007 and 2009, varies between 76% and 78%. Many reasons were given, but the learners with learning disabilities are certainly contributing to this shockingly high drop-out rate.

Are you aware that 10% of all learners in our schools are suffering from attention deficit disorder? Currently, no remedial work is being done in our schools to support these learners. Your department closed all help centres and all support classes were stopped, and specialist teachers simply do not exist any more. This need, therefore, is not being addressed. What plans does your department have to support, guide and help these learners?]

The MINISTER OF BASIC EDUCATION: I am going to answer in Sesotho. Get yourself ready for a response in Sesotho. [Laughter.]

Bothata bo teng mme jwalokaha ke hlalositse, mathata a mangata mme a fapane. O bua nnete ha o re tsietsi e nngwe e hlaha hobane … [Kena hanong.] (Translation of Sesotho paragraph follows.)

[There is a problem, and as I have mentioned, there are many problems and they all differ. You are quite right when you say that another problem exists because … [Interjections.]]

The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, hon members. Can we have interpretation please?

LETONA LA THUTO YA MOTHEO: … ho na le bana ba nang le ditshitiso dithutong tsa bona, jwaloka bana ba sa itekanelang. Ke dumellana le wena moo mme lenaneo la rona la ho ntshetsa pele thuto ya rona, le shebana le oona mathata a teng hore bana ba nang le bothata ba ho ithuta, ba sitisehang, re ka ba thusa jwang. Re ntse re atisa lenaneo dikolong kahoo, o nepile mme re a dumellana mme nke ke ka phehisana le wena. Ke keletso e ntle mme ke a e ananela. [Ditlatse]. (Translation of Sesotho paragraph follows.)

[The MINISTER OF BASIC EDUCATION: … there are learners who have factors affecting their education, such as learners with disabilities. I agree with you on that and our programme aimed at developing our education is focusing on such problems so that learners who have learning difficulties or barriers can be assisted in some way. We are still expanding this programme in schools, and, therefore, you are quite right, we agree, and I won’t say you are wrong. I appreciate your good advice. [Applause.]]

Mrs C DUDLEY: Chair, an investigation conducted at several schools in Johannesburg and Pretoria revealed that not only the high rate of failure, but also factors affecting retention and drop-out rates could be ascribed to the fact that learners struggled because they didn’t know how to read and memorise; to learn; to prepare for tests, exams and assignments; they didn’t know how to deal with stress during exams and didn’t know how to be self-motivated.

Interviews with school principals and other educators also revealed that they felt that the teaching of learning skills should be incorporated into life orientation and be introduced to learners in Grade 10 and upwards, at the very least.

To provide a solution, programmes like these have actually been developed and even presented to the Director-General of Basic Education and certain school principals. It doesn’t seem to be able to get any further. I was wondering if you have programmes like this that you are planning to implement? How do the people who have developed these programmes actually get them to become useful, because they are available and they really would make a difference? Thank you.

The MINISTER OF BASIC EDUCATION: The reasons you are citing for underperformance are indeed some of the reasons that affect our learners. Our Foundations for Learning campaign is informed by some of the programmes that are there. In terms of the programmes that we have – I am not getting through to the director-general and I am not aware of them – I will look at them and see how we can integrate them into the system.

Also, there is a huge market in education. Now that we have said that education is an Apex Priority programme, just about any person who has been to school has a solution. I spend days listening to solutions that are just like previous solutions. Without shooting them down, I will come to look at those programmes. We will look through them, together with the acting director-general, and we will use them, if we believe that they will assist us. Thank you.

          Declaration of education as an essential service

1. Dr J C Kloppers-Lourens (DA) asked the Minister of Basic Education:

   (1) Whether education will be declared an essential service; if not, why not; if so, what are the relevant details;

   (2) whether she will make a statement on the matter? NO596E

The MINISTER OF BASIC EDUCATION: Chairperson, the question is whether we will declare education an essential service. Labour law explains essential services as those which society cannot do without even momentarily because of the potential loss of life or limb. Education does not qualify. Services which are truly essential and are classified as essentials, such as health, fire and police, are expected by law to be available 24 hours a day, seven days a week, and 365 days a year.

Public schooling operates Monday to Friday, eight to three, and only 200 days of the 365. Hence, it does not qualify. If the point is that education is a very important service – yes, it is, but according to the law it does not qualify to be an essential service. It is an Apex Priority programme - the ruling party has education as its first priority. Yes, it is an important programme but it cannot be declared an essential service according to the law of this country.

Dr J C KLOPPERS-LOURENS: Chairperson, Minister, I do not agree with you. Poor education endangers or inconveniences the lives and the health of people. It does create a lot of inconvenience in schools and in the lives of our children. You are well aware of the fact that children are the future of this country. Can you please explain to me why health and police are declared essential services as opposed to education, which is not? After all, you and the President constantly underline the fact that education is the most important portfolio in this country and in the government.

The MINISTER OF BASIC EDUCATION: Chairperson, I said that according to the law a service has to be available for 365 days a year if it is to be declared an essential service. It has to be available 24 hours a day and seven days a week. That is what the law says. I don’t determine what the law says. We agreed with you that it is an important service, but it’s not an essential service. There is no risk to life or loss of life if kids are not at school on Sunday. Why should we make schools run on Sunday because we are scared that they will die? If they don’t die on Sunday, why would they die on Saturday?

Mr Z S MAKHUBELE: Thank you, Chairperson. Notwithstanding your response, hon Minister, the President, in his meeting with leaders and stakeholders in the education fraternity, said that teachers should be in class on time and teaching. What is the Ministry doing to ensure that this commitment is realised, as well as improving the national senior certificate pass rate in 2010?

The MINISTER OF BASIC EDUCATION: Chairperson, hon member, you would have picked up on our campaign where we are using the law to make sure that when teachers have to be at school, they are there. They can only absent themselves for health reasons or unavoidable circumstances.

We are looking at time books and at other measures. We are also working very hard with the labour unions to assist us. But the bottom line is, even if you bring in an inspectorate, the only people who can monitor teachers to be in class on time and doing their jobs are the principals. We are working with principals and governing bodies to ensure that.

With regard to improving the quality of our schools, the report commissioned by Minister Pandor states: “For any school to succeed, it has to be functional”. We are focusing our energy on making schools highly functional and on dealing with dysfunctionality affecting our schools. All other support cannot work until such time as you get your schools functional. We are focusing on school functionality.

Mrs J D KILIAN: Deputy Chair, can the Minister please tell us the following. We all agree that unions play a very important role in our education system. They can also play a more important role in the future of education, particularly if they can agree to the implementation of performance assessment. That is essentially what this question is about: How will the Minister manage to convince the unions, the alliance partners of the ruling party? She must bear in mind that she can no longer present any further excuses to the parents of this country and to the learners in our education system if schooling hours are disrupted by union industrial action.

The MINISTER OF BASIC EDUCATION: Chairperson, regarding the question of assessment, I am not aware of teachers having said to us that they don’t want to be assessed. We need to admit upfront that the assessment tools of government itself, which have been put in place and agreed to at the Labour Relations Council, have not been effective on the part of government.

Unions have never refused to allow assessment procedures. I don’t want to blame unions where they are not wrong. The weakness has been on our side. That is why we are improving our assessment tools, so that they will work. We are working on it. It is not that unions are refusing to be assessed.

On the question of disruptions, at the beginning of the year all our teacher unions, nationally, came and we are getting to an agreement with them on labour peace. As the department we have to clear things on our part which are sources of conflict. They have committed themselves to working hard and making sure that they can manage their workers. We are very tough on them. We are entering into a memorandum of agreement. I can assure you that we will have labour peace. We won’t be giving parents excuses. We have never given them excuses. I am honest: It is not the weakness of the teacher unions but of the system, where teachers were not properly evaluated. We are working on it and correcting it.

Mr A M MPONTSHANE: The main goal is to achieve quality education. You will not achieve this objective as long as schools have become - to borrow a phrase – “black boxes”, where nobody knows what is happening in the classroom. Even the Minister doesn’t know what is happening inside the classrooms. The department becomes ambivalent when it comes to introducing inspectors.

Two to three weeks ago, unions expressed their rejection of the call by the President in his state of the nation address for the re-introduction of inspectors of schools to inspect teachers and learners. What is the Minister going to do about this rejection? Are you going to wait for collective bargaining? [Time expired.]

UNGQONGQOSHE WEMFUNDO EYISISEKELO: Baba uMpontshane angikhulume ngesiZulu, mhlawumbe ngizophendula kahle. Ekuqaleni kukaMbasa i-Needu izongena isebenze. Sivumelene ngalokho futhi ayikho inkinga nengxabano kulokho. I- Nedo izoqala ukuhlola othisha kanye nalo lonke uhlelo. Ngoba ezinye izinkinga ezikhona, akuzona izinkinga zothisha kepha yizinkinga zohlelo njengokuthi uma izincwadi zingafikanga kuthi kanti nezikole azilungisiwe. (Translation of isiZulu paragraph follows.) [The MINISTER OF BASIC EDUCATION: Hon Mpontshane, let me speak isiZulu - maybe I will respond well. Nedo will start operating at the beginning of April. We agreed about that and there are no problems or conflicts regarding that. Needu, the National Education Evaluation and Development Unit, will start assessing teachers as well as the whole programme. Some of the problems are not created by teachers but are operational problems, like when books are not delivered on time and when schools are not in good shape.]

Therefore, we are saying, we are going to assess and evaluate the whole system and have a development.

Into yabahloli, mina nawe sike safundisa siyazi ukuthi leya nto ayizange isebenze, sesiyayithanda ngoba ingasekho. Ngike ngafundisa iminyaka, umhloli ubeza kanye nje. Mina ngiyakhumbula ukuthi ngahlolwa kanye nje futhi ngihlolwa ngumuntu ezongihlola ngento angayazi, engazi nokuthi ngifundisani kodwa ngoba kuthiwa nje ungumhloli kwakufanele abe lapho. Ayizange isebenze leyo nto. Ayilahlwa nje ngoba ingathandwa noma ngoba singafuni ukuthi othisha bahlolwe, cha. Yalahlwa nje ngoba abanye babeyisebenzisela ukuzihlangula, … yinto engazange ilethe … (Translation of isiZulu paragraph follows.)

The inspectorate system has never worked - you and I know this very well since we were both educators at some stage. We know that that system has never functioned; hence we like it now that it is no longer in use. I have been a teacher for years and the inspector used to come only once in a while. I remember that I was assessed only once by someone who did not know what he was doing and did not even know what I was teaching, but because he was an inspector he had to be there. That system could not function. It was not discarded just because we did not like it or because we do not want teachers to be assessed. No. It was discarded because others were using it as an excuse for not performing … it did not bear any …]

… ke hore ha e a tlisa molemo o itseng. [… that is, it did not bring any results.]

Asethembe ukuthi mhlawumbe i-Nedo izosebenza kangconywana ngoba uma isiqede ukuhlola izohlala, ilethe intuthuko. Ngaleyo ndlela sicabanga ukuthi iyona ezolungisa lolu daba. Asiyilahli ngoba mhlambe othisha bengayifuni noma silinde ukuthi kuvume bona - asilindanga lokho. NgoMbasa iyaqala i–Nedo, izobe inkulu ngaphezuzulu kokuhlolwa - ukuhlolwa kothisha ngenye nje ingxenye yalokhu kuhlolwa. Ngiyabonga. [Ihlombe.] (Translation of isiZulu paragraph follows.)

Let us hope that maybe Needu will function better because after it has completed the assessments it will remain on the site and bring development. In that way, we think it is the body that will correct this situation. We are not discarding this system just because the teachers are not in favour of it or maybe we are waiting for them to first agree – no, we are not waiting for that. Needu will start operating in April and it will be bigger than the inspectorate – assessing teachers is just a part of this inspectorate. Thank you.][Applause.]

Criteria regarding exclusion of patients from dialysis treatment in state hospitals and state-supported dialysis centres

1. Rev H M Dandala (Cope) asked the Minister of Health:

   Whether the impoverished background of a person was used in state hospitals and state-supported dialysis centres to exclude renal patients from accessing dialysis treatment; if not, what has been the situation in 2009 at state hospitals and state-supported dialysis centres nationally; if so, (a) how many patients from an impoverished background were denied entry into the dialysis treatment programme in 2009 and (b) at which centres? NO561E

The MINISTER OF HEALTH: Madam Chair, I must warn that the question asked by the hon member is extremely complex, very sensitive and highly emotional, because issues of renal dialysis are more often than not linked to transplant surgery. As hon members might know, the decision to do an organ transplant of any sort - whether it is renal or whether it relates to any other organ - is always a contentious issue. Fortunately, this question has been asked by a person who, I presume, in his career as a reverend has been faced with dilemmas of human compassion, ethics and matters of life and death.

The decision whether to dialyse or not is usually made by a group of physicians; it’s never left to one doctor. The group of doctors make this decision taking cognisance of the resources that any particular country is able to accumulate, and that is where the complexities and emotions come in. I want to assure you, Reverend, that I personally would not like - at any stage of my life - to be in the boots of any group of doctors who must make a decision about whether to put a person on dialysis or not, or whether to do a transplant eventually.

It is quite often the devil’s alternative, if you understand what I mean. Whichever decision one takes, the devil is always there to smile, because one is always going to be found wanting. I’m not talking about a problem that’s confined to South Africa; it’s a universal problem. Having said that, I want to acknowledge up front that there are not enough dialysis facilities anywhere on this continent. In fact, many of our neighbours might be depending on us.

However, when the physicians sit down to decide whether or not to put an individual in dialysis, the fact that a person comes from an impoverished background is not the primary reason why he or she is excluded from accessing dialysis treatment. This group of physicians usually makes this decision based on their experience. They have to assess whether there is going to be a reasonable chance of success or that the dialysis treatment will be of benefit to that particular individual. In this process physicians don’t usually allow themselves to be persuaded by the social circumstances of the particular person.

However, because everything in life is interlinked, sometimes the medical decision the group of doctors makes may actually have been socially determined for the individual involved. For instance, they might decide that if a person has an intractable infection, they might not be able to do a dialysis on that particular person because, eventually, they can’t do an organ transplant on that particular person.

Also, we do have people who can’t undergo this type of procedure because they suffer from tuberculosis, TB, and have only one lung. Nevertheless, one knows very well that suffering from TB might be because of social circumstances. So, life is interlinked and the physicians make a decision based on that. At no stage will they ever be allowed to look at a person and say he or she is too poor for a transplant or dialysis. They won’t do that.

However, after the decision is made, it is very easy to link these factors. For instance, if physicians decide that they are going to do a peritoneal dialysis, there needs to be clean running water at the patient’s home for them to do so. If the individual does not have clean running water, science should not be blamed. It is a social problem that the country is faced with.

So, when we discuss this issue, I want us to be aware of the complexities that scientists are faced with when they have to make such a decision. It’s never an easy decision but they are trying their best within the available resources. Therefore, I usually accept the decision the physicians make. I never go out and question them because I understand the background to their decisions. Thank you. [Applause.]

Rev H M DANDALA: Chairperson, I wish to thank the hon Minister for the very sensitive manner in which he phrased his response to this question. Let me quickly affirm my understanding of its sensitive and emotional nature. The reason I asked the question is because sometimes – I think this is understandable – when people come from a poor background where, perhaps, there may not be running water, exactly as in the illustration the Minister used, they are likely to understand that as having been a prejudicial decision.

What I want to ask as a follow-up is whether the Minister does not think it would be helpful if there was another process outside the hospital itself - perhaps comprising an interprofessional group - that would offer a type of counselling that would allow people to understand that they have not been prejudiced because of their poor conditions. I would also like to know the following. If, indeed, conditions of poverty, like the lack of adequate housing or water, are pertinent to providing dialysis treatment, should we not have some kind of interministerial approach – outside the hospital – that people can appeal to so that they can be satisfied that they have not been unfairly dealt with? Thank you.

The MINISTER OF HEALTH: I think the Reverend’s proposal is a very good one. We will definitely look into it. As I’ve said, there is a link between medical factors and social factors. I’m sure that this will actually be considered when the Minister of Human Settlements presents his strategic plan. We no longer want a department of housing where one just puts up houses and leaves. In trying to deal with matters of this kind, one has to put up “human settlements”, where there will be clean running water, electricity, tarred roads, schools, clinics, etc.

The House might be aware that a few weeks ago there was a big radio debate about somebody who was denied an organ transplant because, it was said, that particular person was poor. I phoned a professor, who said that the person involved was suffering from severe TB, had only one lung left and never came for treatment. According to the professor, that particular person was disqualified because of that.

Obviously, that individual’s TB condition is because of where he or she comes from. The inability to go to the medical centres to comply with treatment is also a social problem. However, because of the fact that the lung was completely damaged, there was no way they could put this person on dialysis. It would have been like sentencing the individual to death. That is why I spoke about dilemmas and ethical dilemmas. Unfortunately, doctors are faced with these problems every day.

Mr P F SMITH: Chair, I wonder if the Minister would mind very much if I broadened the question a little. I understand that this is a sensitive issue and people have to make very difficult decisions. I think we all understand as a starting point that there are limits in what the state can spend on medical treatment. The question I would like to put to the Minister is whether there are specified limits to the amount of money to be spent on a particular procedure for a given patient. I presume that there are certain procedures that are simply too expensive to be considered. Certainly, that is the case in private medical aids, and they have been challenged in court. However, I don’t know whether that is the case in the state system.

Secondly, I would like to know whether criteria other than success, which the Minister mentioned, are used, because presumably factors like age and life expectancy would have a bearing as well.

Thirdly, I would like to know whether the procedure that is used to make these decisions - as the Minister explained to us - is applied uniformly throughout the country. In other words, if one is a patient in hospital A in province B, and is in dire need of some assistance, would he or she perhaps get a different answer if he or she was in another province?

The MINISTER OF HEALTH: Madam Chair, in response to the issue of rand limits - that is to say, whether there is a limit to the money that can be spent on treating a human being or not - I say that is obviously never done in the public sector. It is definitely done in the private sector.

However, I can give this House an example of a case that arose when we were debating the issue of the national health insurance, NHI. This is a highly contentious matter. A doctor prescribed a drug that would have cost R400 000 per annum. The medical aid refused and said it can’t afford that. The concerned patient went to court and, of course, won the case because it’s his or her life and right.

In the public sector we don’t make such decisions, unless we don’t have the services. We can’t offer people what we don’t have. However, if we do have the services, we do give them to the people. For example, if the child who was born with her heart on the outside of the chest - unfortunately she passed away last week – had gone to a private hospital, it would have charged that poor family more than R1 million. However, because it was a public hospital, we were able to do it. We don’t put rand limits, unless, as I’ve said, we simply don’t have resources.

Regarding the issue of success and pertinent criteria, I agree that if, for instance, a patient is quite advanced in age and suffers from uncontrollable diabetes, he or she won’t get a transplant because the new organ would be damaged as well. So, physicians will make such a decision and that is where issues and dilemmas of ethics come in. For example, one cannot tell a person that he or she is too old and he or she must go and die but, unfortunately, it’s a reality.

With regard to the issue of uniformity, the House knows that our country, unfortunately, is not uniform in terms of riches. For example, one cannot offer the people in Limpopo the same thing that is being offered people here in the Western Cape. This does not only apply to health but to education as well. I’m sure the Minister here next to me will agree with me that what kids get in education in Limpopo is not the same as what kids get here in the Western Cape. I remember, for instance … [Time expired.]

Ms E MORE: Chairperson, given the chronic lack of staff at state hospitals and the fact that dialysis machines are not being used optimally, could the hon Minister tell us whether the government has approached the private sector to assist in the operation of these machines?

The MINISTER OF HEALTH: Chairperson, my response to the question by the hon member is that I’m not aware of us not being able to optimally use dialysis machines when they are available. The biggest problem we face is the space for dialysis itself. If there could be space and machines, I don’t think the skill to dialyse is so difficult that we actually need the private sector to help. The manner in which the private sector can help is to offer their facilities at a reasonable price to help the public. At the prices they are charging now, it might not be very easy to do dialysis for a large number of people.

Mrs T E KENYE: House Chairperson, I would like to thank the hon Minister for explaining the issues which relate to “prognosis versus dialysis” to us. We have the Minister’s response, but could the hon Minister indicate whether the Soobramoney judgment in the Constitutional Court has informed policies around the exclusion of certain people from receiving renal dialysis. If so, in what way? If not, what implications will this judgment have in future? I thank you.

The MINISTER OF HEALTH: Chairperson, I think this is the point I’ve been making. Yes, there is a Constitutional Court judgment regarding the Soobramoney case. The Constitutional Court did rule that indeed, given certain criteria, a person can be excluded from dialysis. The court ruled that it’s within the right of medical doctors to exclude a person. In support of this, the court quoted the issue of expenses and whether a successful outcome is guaranteed - issues that I alluded to earlier on. The court also quoted the issue of whether the country can actually afford a particular hospital.

However, when we make our protocols we try our best to base the protocol on medical conditions as reasonably as we can. Nevertheless, the Constitutional Court did make a ruling that it is constitutional to be excluded. I believe it is unfortunate when one looks at it from the point of view of human compassion, but such a ruling does exist.

Steps taken by department to deal with alleged corruption by contractors and to ensure proper management of human settlement development

1. Ms B N Dambuza (ANC) asked the Minister of Human Settlements:

   What is his department doing to (a) deal with the problem of alleged manipulation and corruption by contractors who are assigned to co- ordinate housing beneficiary lists, especially in Matatiele and (b) to ensure that municipalities take responsibility in co-ordinating and managing human settlement development in their areas? NO578E The MINISTER OF HUMAN SETTLEMENTS: Madam Speaker, the question is in relation to how contractors, or a specific contractor in Matatiele, are manipulating, or are alleged to be manipulating, lists of beneficiaries of houses and how we are dealing with that situation.

In response, we are saying that we are watching the Matatiele human settlements situation very carefully with regard to the question of corruption. A number of steps have been taken.

The provincial department, working with us, has scheduled a meeting with the housing committee, including the contractor and municipalities, to try and obtain the names of those persons who had allegedly acquired housing units fraudulently as a result of the activities of the said contractor.

Once the information is available, the matter will be investigated further and put before the Special Investigating Unit. To ensure that housing allocations are done in an equitable, fair and just manner, my department has developed a National Housing Needs Register from which all prospective beneficiaries will be sourced. It is envisaged that the new system will minimise corruption in the allocation of housing.

To further enhance the process, the department has also developed allocation guidelines to assist the provinces and municipalities. We ensure transparent and fair processes for the allocation of housing subsidies. We believe that these measures will go a long way in strengthening our policies.

However, Speaker and hon Dambuza, what applies to Matatiele must apply everywhere. Hon members would also be aware that we have launched a comprehensive national audit on fraud and corruption to respond proactively on all these matters, whether they are in Matatiele or anywhere else.

Let me state without any equivocation that we are not going to retreat in our fight against corruption. We are putting measures in place to tighten up on monitoring, working together with Co-operative Governance and Traditional Affairs, Cogta, and other relevant players.

We want to bring normality to Matatiele and other areas. Those contractors, builders or government officials who get involved in corruption will be brought to book. I am happy to announce - we will make a further announcement in our budget speech as the situation develops - that we have already arrested more than 300 people, including government officials. The majority were at national government level and the minority at provincial government level. [Applause.]

Colleagues, corruption is something that we all must fight on both sides of this House, if the poor are to get their services correctly. I thank you. [Applause.]

Ms B N DAMBUZA: Madam Chairperson, let me thank the Minister for his comprehensive response. As the ANC, we appreciate and commend the strategy to enhance the housing allocation process. However, subsequent to that, can the Minister assure the House that such guidelines or policy measures shall address, in particular, the importance of working together with Department of Co-operative Governance and Traditional Affairs, Cogta, in applying the government’s accountability to the public in order to maintain and restore confidence, rather than relegating such an important function or such powers to the contractors? It is, after all, the responsibility of the government to ensure that public interaction is done by the public representatives. Hence there has been a belief. [Time expired.]

The MINISTER OF HUMAN SETTLEMENTS: Madam Deputy Speaker and hon Dambuza, let me assure or reassure the House that we will remain seized with this matter, as I indicated. It is correct, hon Dambuza, that outsourcing such a critical function, against the background of how people outside there are protesting and sometimes engaging in wrongful violent protests, should be reviewed. Outsourcing to private contractors such critical functions as housing lists, how people queue and the allocation to beneficiaries is something that we want to review. I will be having a meeting tomorrow with our Minmec, all nine MECs, in Durban and I will put this before them.

Contractors must be removed from handling housing lists because there is always the danger that at the end of the day their decisions, not those of government officials or of government political leaders, will be the ones that influence the course of history outside there. [Applause.]

It is important, therefore, that this House is assured that we will remain seized with this problem. We are going to put a Special Investigating Unit, SIU, onto the people involved and onto those contractors who have manipulated the lists. Let me tell you also that five lawyers have been disqualified and struck off the roll because they were involved in machinations of this type. I thank you. [Applause.]

Mr T BOTHA: Madam Speaker, I think it is important to say that the list is not always corrupted by the contractors. It is actually corrupted by counsellors and officials themselves, given that for the contractors to allocate or to apply for a development in a particular area, they have to state the number of beneficiaries according to the categories.

Is it possible for the contractors or the list process to be done away with because without the list process, you would have to change the policy of your contractors who applied to do a development for rental accommodation, affordable housing, bankable housing and so forth? How will you deal with that without the list process, taking into account that the counsellors themselves are corrupt? [Time expired.]

The MINISTER OF HUMAN SETTLEMENTS: Madam Speaker, I wish the hon member had not crossed the floor to Cope because he was the last adviser to the Minister of Housing. I am prepared to give you back the position as my adviser. [Laughter.]

We agree that there are sensitivities to the list process and we believe that if it is done manually it will always be open to manipulation.

I have established an information communications technology, ICT, system around housing lists, which will be launched next month. This will enable the Minister and any one of us here, through a laptop with a special code and a computer password, to track any list in all nine provinces, in the cities, in a specific housing project – we currently have more than 8 000 housing projects on the ground. You can actually login and know who is on the list, how that list is moving and so on.

What is crucial for our people, and why they are not accepting anything less, is that being in the queue as a beneficiary is not a problem. The problem is seeing the queue remaining stagnant. Today you can be number 44, but tomorrow you can be number 68. They want to see progress. That’s all we owe them - as Nyerere once said, people are not asking for houses now, education now, health now - those types of things. What they want is demonstrable evidence that we take them seriously - to apply this ICT.

Leave the manual system to ensure that I, when I’m sitting in the Ministry, and anybody here, can press a computer in this House and have access to these lists. Only when we have publicised these electronic lists can journalists, members here and portfolio committee members follow the process. We believe that it will lead to a reduction, not the complete eradication, of corruption. We are getting there. I thank you. [Applause.]

Mr S Z NTAPANE: Chairperson and hon Minister, we appreciate that there are now ways and means of preventing the situation where there would be unqualified beneficiaries. But, there is still the problem of people who are being allocated houses because they qualify but, down the line, they sell the houses. What is to be done about that? Thank you.

The MINISTER OF HUMAN SETTLEMENTS: Chairperson, it is a catch-22 situation. Firstly, all South Africans, and all of us, have equal rights. Secondly, as government, and with resources passed by this House, we allocate housing to the poor. The objective or the intention is not to imprison them into that asset forever. They should not just be owners of an asset but must also participate in the property market; be able to have a house and to sell it.

There are strict rules that apply to Reconstruction and Development Programme, RDP, houses. They can only be sold after a certain period of time. I agree with you, hon member, that in some instances we find people selling those houses and getting rid of these government-provided assets before the allocated timelines. That is what we have to prevent. They sell these houses to unscrupulous elements within business, law firms, certain banking officials and, in certain situations, to immigrants coming from as far afield as Pakistan, Zimbabwe, Nigeria and so on.

Nothing is wrong with people coming here. But there is something wrong with people coming to this country and robbing the poor, taking away those important assets that have been given by government in the form of subsidies. So we want to act within that. But, as we do so, we should not be disempowering ordinary people from being just like all of us here: having an asset and being able to trade that asset at a given moment so that they can materialise it and move on. But I’m saying that we are going to look very carefully at how we prescribe and proscribe these timelines, to prevent abuse of the system. Thank you. [Applause.]

Mrs A STEYN: Chairperson and Minister, this problem is not confined to Matatiele. From our oversight visits, it would appear that both contractors and counsellors have carte blanche over the beneficiary list.

Given this situation, I’m glad to hear you say that you are looking at guidelines. However, guidelines are just that: they’re guidelines and they don’t necessarily have to be followed. Under the circumstances, therefore, will you consider introducing an equitable, uniform policy that can be enforced as far as this beneficiary list is concerned? Lastly, Mr Minister, could I have access to that code you referred to, please? Thank you.

The MINISTER OF HUMAN SETTLEMENTS: Madam Speaker, I didn’t hear the last words of the second part of the question. Oh! Do you mean the access code? I see. Let me start with that question. The access code or, as I said, the password, will be made available, but I said that we are launching the monitoring ICT system next month. Allow us to launch it first. Let’s monitor how it works, correct the teething problems and then it will be open to members here in this House so that we can follow any project anywhere in the country.

I agree with you that the situation does not only apply to Matatiele. You will remember that in my comments earlier on I said what applies to Matatiele must apply countrywide. So I take your advice and will implement what you are saying, if need be. Thank you. High Court ruling ordering City of Johannesburg to pay rent on behalf of illegal occupants

1. Mr A C Steyn (DA) asked the Minister of Human Settlements:

   (1) Whether he has been informed of the ruling of the High Court in Gauteng in which the City of Johannesburg was ordered to pay rent to a property owner on behalf of persons illegally occupying a building in Berea (details furnished); if so,

   (2) whether he will make a statement on the matter? NO590E

The MINISTER OF HUMAN SETTLEMENTS: Hon Chairperson, the hon Steyn asked an important question regarding a ruling made by the Gauteng Division of the High Court. He asked if we were aware of this ruling and if we were prepared to make a public statement about it.

Yes, the Ministry is indeed aware of the ruling of the South: Gauteng High Court, wherein the City of Johannesburg was ordered to pay rent to Blue Mountain Properties on behalf of persons who were illegally occupying their commercial property located within the Johannesburg central business district.

At this stage, and bearing in mind what was said earlier by the Deputy Speaker, it will not be appropriate to make a statement on the matter because the City of Johannesburg is in the process of filing an appeal against this judgment. The matter, therefore, remains sub judice. However, we view this matter with serious concern. It does have far-reaching political, policy and budgetary implications.

As the Minister, I, together with the Gauteng province and the City of Johannesburg, will remain seized with this matter. This also includes the Minister of Justice, my colleague, hon Radebe, who brought it to the attention of the Cabinet last week. After consultation, we will go deeper into this matter in my Budget Vote on 21 April 2010. I hope by that time the situation will have gone some way to being resolved.

Let me mention that the danger we are confronted with is a series of court case judgments which are policy-making. There is a judgment on shacks in Ekurhuleni, KwaZulu-Natal, Delft N2, and so forth. We make laws here, not forgetting that courts make laws known as case laws. The problem is that these case laws are beginning to impact on human settlement policy. We are confronted with a situation which, if it’s not addressed amicably in co- operation with those who passed the judgments, may end up causing chaos in the country.

To conclude, some of these cases promote illegality - which is called the legalisation of illegality – whereby people can occupy your piece of land and you cannot evict them before you find an alternative piece of land or accommodation for them. In this regard, there are Small Enterprise Development Agency, SEDA, ramifications. Thank you.

Mr A C STEYN: Hon Minister, I fully agree with you that this judgment can be devastating, not only to municipalities but certainly to the Department of Human Settlements. Now, should the appeal fail, hon Minister, would you consider bringing legislation to this House in terms of which we can counteract the negative effects that this judgment will have on housing and the provision of housing going forward? Thank you.

The MINISTER OF HUMAN SETTLEMENTS: Whilst respecting the sacred and fundamental principle of the separation of powers, we must understand that judges have a hand. I hope we will find a solution. We would be discussing this question with the Chief Justice and, like I said, the hon Minister Radebe is engaged on this matter and, with our support, brought it to the Cabinet.

At this stage, I shouldn’t jump the gun by saying whether we would consult you, the members of this House, to ask for permission to pass a piece of legislation to address this. We want to see how this matter will resolve itself in the process of the filing of this appeal by the City of Johannesburg.

Mrs G M BORMAN: Minister, this certainly does have dire consequences for us and, certainly, for municipalities. Could I ask if you have any idea of the size of this problem, because you’ve been out there pretty much these last nine months? I also want to ask: If this is a very large problem, will municipalities be able to meet this obligation? If not, would government consider assisting municipalities when they are perhaps faced with their ratepayers having to foot the bill for illegal occupations? Thank you.

The MINISTER OF HUMAN SETTLEMENTS: Hon Borman, at this stage, as I’ve indicated, because of the appeal it is not feasible to quantify the size of the problem. The size of the problem is equal to the case itself and to the judgment. There was an appeal; we are waiting for the outcome.

Of course, we must be warned that if that appeal does not succeed, the ramifications are not just, hon Steyn, for human settlements. They will affect everybody, everyone sitting here, because you would have to pay wherever the poor, or whoever it might be, are occupying land, a house or anything anywhere. If the appeal is not successful, you’ll just have to pay rent for those people who cannot afford it. Also, this Blue Mountain Properties is a private company and you will have to pay them too. It means that the Treasury will be fundamentally affected. This matter has very far- reaching implications. We can only pray.

Mr T BOTHA: Minister, this issue is very serious. If you look at the existing legislation, that is, the prevention of illegal eviction Act, PIE, is there not perhaps an answer to be found? Look at the existing Act – actually, take it off the shelves. It has been there for a long time and it should have been addressed long before this. You might be part of the problem by not implementing that Act. Thank you very much.

The MINISTER OF HUMAN SETTLEMENTS: I am glad to receive a question from my adviser, and we are waiting for you to come back – all of you. You know who you are. [Laughter.]

Hon members, the PIE Act was promulgated in this House. Its intention was to assist people who were being evicted from certain places – land they occupied on farms, and so on. It doesn’t apply to this case. It is actually the PIE Act upon which these judgments are based. You remember that it was hon Sisulu who mounted a challenge against the PIE Act in the famous Grootboom case, and we lost.

All these judgments, about shacks in Delft, Ekurhuleni, Gwala and now, of late, the Johannesburg judgment, are based on that Grootboom ruling. Illegality is now protected by law; therefore, it is a very serious situation. Today, any number of people can come and occupy the premises, or even this House, and you cannot evict them unless and until you have found alternative accommodation. That’s how serious this matter is.

So, the essence of the problem starts with that Act, which was passed here. However, the Act was not passed for the purpose of preventing the “illegal” eviction of people who do this thing today. It was attempting to address the past – history – but unfortunately history has caught up with us.

Steps by department to have rehabilitation centres established and to
                 prevent abuse of harmful substances

1. Mrs W J Nelson (ANC) asked the Minister of Social Development:

   What steps (a) is her department taking to ensure that rehabilitation centres are established in each province and (b) is she taking in conjunction with the MECs to prevent the abuse of harmful substances in recreational facilities, schools and clubs? NO571E

The MINISTER OF SOCIAL DEVELOPMENT: Chairperson, the response to the question asked by hon Nelson is as follows: In terms of section 17(1) of the Prevention of and Treatment for Substance Abuse Act, Act 70 of 2008, the Minister of Social Development must, in consultation with the MEC, establish, maintain and manage at least one public treatment centre in each province for the reception, treatment, rehabilitation and skills development of service users.

The Department of Social Development is in the process of developing regulations for Act 70 of 2008. These regulations will, amongst others, guide provinces in the establishment and management of state treatment centres and halfway houses. Upon completion of the regulations that we are working on, Act 70 of 2008 will replace the Prevention and Treatment of Drug Dependency Act, Act 20 of 1992.

Currently, there are six public treatment centres in the country and the Department of Social Development is planning to establish seven more public treatment centres over the Medium-Term Expenditure Framework period.

We can give an indication of where the existing centres are and where we need to establish some. In Gauteng there is a centre at the Dr F F Ribeiro Clinic; in Mpumalanga at Swartfontein; in the Western Cape at De Novo and Kensington; in KwaZulu-Natal at Madadeni and Newlands Park. That is six centres altogether. We intend to establish more centres in the North West, Limpopo, Free State, Eastern Cape and Northern Cape, and two more in the Western Cape.

Chairperson, 45 private treatment centres are currently registered with the Department of Social Development and 23 of them are funded by the department.

The Department of Social Development also conducted a door-to-door campaign in all provinces from 2007 to 2009 to obtain political buy-in. We had a discussion with the MECs and provincial heads of department with the intention to strengthen the implementation of substance abuse prevention programmes as outlined in the National Drug Master Plan which was established for operation between 2006 and 2011.

The Department of Social Development also has a programme called “Ke Moja” [No, thanks], which is a drug awareness programme aimed at creating awareness of harmful effects of substance abuse amongst children and youth both in and out of school. In order to successfully implement the programme, different state departments at both national and provincial levels are working with our NGOs, which are doing a wonderful job in the field of substance abuse.

Training was also conducted in the nine provinces during 2007 and leading up to early this year and currently assists in the roll-out of the programme. This is happening in recreational facilities in schools, clubs and other community institutions that are also working with the Education department and other departments. The Ke Moja programme is an integrated strategy and the necessary programme manuals were developed to guide stakeholders in implementing it … [Time expired.]

Mrs W J NELSON: Chairperson, let me first thank the Minister for the comprehensive answer we have received. I think the Minister is aware that people struggling with drug problems can only be assisted once they acknowledge that they have a problem and that they have to go for treatment for that problem.

How, then, is the department assisting those people who acknowledge that they have a problem but, due to financial constraints, are unable to go to a private facility in those areas or provinces where we don’t have state institutions? How is the department assisting those people?

The MINISTER OF SOCIAL DEVELOPMENT: Chairperson, as I have already indicated, there are 23 centres that are being supported by the Department of Social Development. Even though they are privately managed, they are funded by the department. We expect those centres - even where we don’t have state centres - to actually support those of our people who are not able to fund themselves.

Indeed, it is true that people can be assisted only when they are willing to be helped and I think it is necessary that we as a nation really acknowledge this problem. The issue of substance abuse is a crisis because it is gradually eroding our nation. We have to move beyond party politics. Even those centres that are privately owned need to begin to help the people who are really in dire need and find themselves, through error or any other reason, in the situation of abusing drugs.

Some of the drug abuse stems from the voluntary use of alcohol, but when we look at the figures right now, at the state of affairs, the reality is that we have a very big challenge to which we will have to rise as a nation. This august House is welcome to talk to us about that problem – it is an enormous challenge.

Mrs S P KOPANE: Chairperson, I thank the Minister for the response she has just given us. When I was doing an oversight visit to different provinces, especially those said to have rehabilitation centres, I was informed that the rehab centres are becoming the breeding ground for drug lords. What steps is the government taking to ensure that the rehabilitation centres are totally drug-free zones? Secondly, when last were inspections done to check whether those centres are functioning within the minimum required standards?

The MINISTER OF SOCIAL DEVELOPMENT: Chairperson, we have not heard any reports of the nature that the hon member is referring to, about centres being turned into operational areas by drug lords. We appreciate this information. A monitoring team is currently visiting some of the centres. For instance, Noupoort has been visited, and some other centres too. We will continue using the monitoring team to go to various centres, because it is required by law that we continue monitoring them, just in case there are issues such as what the hon member is referring to.

If there is indeed such a practice out there, we would welcome information of that nature from hon members. As I said, this is a matter of national importance, and almost a crisis, which we need to curb right away, before it kills our nation. Thank you.

The HOUSE CHAIRPERSON (Mr K O Bapela): Thank you, Minister. The time allocated for questions has expired. Outstanding replies received will be printed in Hansard. We now come to Notices of Motion.

See also QUESTIONS AND REPLIES.

                          NOTICES OF MOTION

Mr G R KRUMBOCK: Mr Chairman, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:

That the House discusses the high turnover rate of accounting officers, chief financial officers and other senior management staff of government departments and entities, and the effect thereof on sound governance, accountability and service delivery.

Mr L S NGONYAMA: Chairperson, I hereby give notice that at the next sitting of the House, I shall move:

That the House debates the fact that the democratic gains of the people of South Africa, as well as the proud legacy of a founding father of our democracy, Mr Nelson Mandela, are being called into question by an hon member of this House. This is a serious matter. Thank you.

Ms E MORE: Chairperson, I hereby give notice that on the next sitting day of the House I shall move, on behalf of the DA, the following motion:

That the House, in the light of the fact that 24 March is World TB Day –

  1) debates the effects of TB within our communities; and


  2) comes up with a possible solution to prevent the spread thereof.

Thank you.

Ms D KOHLER-BARNARD: Chairperson, I hereby give notice that on the next sitting day of the House I shall move, on behalf of the DA, the following motion:

That the House –

(1) debates the increased amount of criminal behaviour on the part of members of the SA Police Service; and 2) resolves to determine a means to deal with such existing criminality and the prevention of possible future criminality.

Mr D M GUMEDE: Chairperson, I hereby give notice that on the next sitting day of the House I shall move:

That the House debates optimising the benefits of the 2010 Fifa World Cup and beyond.

Thank you.

Rev K R J MESHOE: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ACDP:

That the House debates ways of ensuring the safety of paramedics when they respond to call-outs, particularly in informal settlements, where some have had stones and bricks thrown at them, some were assaulted, while others were shot at.

Thank you.

Mrs C DUDLEY: I hereby give notice that on the next sitting day of the House I shall move on behalf of the ACDP:

That the House –

 1) notes that the Minister of Arts and Culture had been due to speak at
    the opening of a show by young black women artists at Constitutional
    Hill in Johannesburg, and that she left prematurely after viewing
    pictures of naked bodies embracing intimately;

 2) further notes that the Minister declared the material immoral and
    offensive, particularly since there were children present; and

 3) congratulates the Minister on her principled stand in not accepting
    immorality and on her commitment to promoting social cohesion and
    nation-building, of which the wellbeing of the family unit is
    central.

Thank you.

Mr L S NGONYAMA: Chairperson, I hereby give notice that on the next sitting day of the House I shall move:

That the House debates the issue of the premature selling of RDP houses to South Africans, as well as foreigners.

It’s another serious matter. Thank you.

APPOINTMENT OF DEPUTY PRESIDENT KGALEMA MOTLANTHE AS NEW CHANCELLOR OF LIMPOPO’S UNIVERSITY OF VENDA

                         (Draft Resolution)

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: House Chairperson, I move without notice:

That the House -

  1) notes the appointment of Deputy President Kgalema Motlanthe as the
     new chancellor of Limpopo's University of Venda, Univen, at an
     official ceremony on Tuesday, 9 March 2010;


  2) further notes the significance that goes with this important
     position and that the university will benefit from having a person
     of the stature of Deputy President Motlanthe as chancellor;


  3) recalls that Deputy President Motlanthe is not new to education: He
     was involved in establishing the J B Marks Education Trust, which
     provides bursaries to mineworkers and their dependants, and the
     Trade Union School, as well as the Elijah Barayi Memorial Training
     Centre;


  4) recognises the work done by the former chancellor, Mr Cyril
     Ramaphosa, who has successfully completed two terms;


  5) congratulates the Deputy President on his new appointment as
     chancellor; and


  6) that the ANC recognises the importance of educating the people:
     Together we can instil a culture of learning!

Thank you. [Applause.]

Mr M J ELLIS: Mr Chairman, on a point of order: I am not sure why, in a motion without notice, any reference to a political party has to be made. The Deputy Chief Whip said that the ANC recognises the importance of education. I believe, sir, that on this occasion, the whole House recognises it. That is the wording that should be followed. [Applause.]

The HOUSE CHAIRPERSON (Mr K O Bapela): I thought that motions are usually given to parties and that you have concurred, so I will not know whether you have concurred or not.

Mr M J ELLIS: Mr Chairman, may I simply and very sincerely say that if the Deputy Chief Whip of the ANC removes the words “the ANC recognises”, we will have no problem with that motion at all.

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, if it has to be turned into a motion, then let that be, but you cannot remove the words, “the ANC recognises”.

The HOUSE CHAIRPERSON (Mr K O Bapela): So the ANC feels that they will not move? Can I thus repeat the question? If there are no objections, I put the motion.

Mr M J ELLIS: Mr Chairman, one does not want to object to a thing like this, but I think that the ANC knows as well as we do that when you propose a motion without notice – and I do apologise for the fact that we did not draw this to their attention beforehand – it must not be party-political. We do not stand up on behalf of the DA and propose motions without notice. I am simply asking the Deputy Chief Whip to remove that one last clause, which is slightly irrelevant under the circumstances, because the whole House agrees with him, not just the ANC.

The HOUSE CHAIRPERSON (Mr K O Bapela): Hon members, I think the point of order is correct: A motion without notice should be non-political. However, I am not sure whether this motion was circulated and concurred with by all parties. If parties did not raise any objections at the time when the motion was being circulated, then, obviously, it becomes a problem when you come into the House and raise concerns here. However, if you did concur with the words of the ANC at the time … Can we just get that clarity from the Deputy Chief Whip?

Mrs J D KILIAN: Chairperson, may I please address you?

The HOUSE CHAIRPERSON (Mr K O Bapela): Could the Deputy Chief Whip just respond to that first?

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, the motion was circulated to all parties and we did not receive any objection.

Mrs J D KILIAN: Chairperson, may I please address you on this matter? I also circulated a motion but, because of its sensitive nature, I actually went across the floor to consult with the ANC Whips. I would have expected them to do the same.

We certainly did not receive this motion, and we would have objected to it. We cannot support it as it is. We are, after all, talking about the Deputy President of the country. That is an office that is nonpartisan. The Deputy President is not only an ANC office bearer.

Mr A M MPONTSHANE: Chair, unfortunately the IFP did not receive this motion. However, we would support it if the clause read “this House” instead of “the ANC”. Thank you.

Mrs C DUDLEY: Chairperson, the ACDP will also support the clause if it read “the House”. Thank you.

Mr M J ELLIS: Mr Chairman, I am really very sorry about this. I really had no intention of causing this kind of controversy here this afternoon. [Interjections.] I want to say that we did receive the motion. I am not suggesting for a minute we did not. I did err in the fact that we did not consult with the ANC beforehand. I am simply making a very relevant point that, when we have motions of this nature, we do not refer to parties in them. We will support the motion if the wording is changed.

The HOUSE CHAIRPERSON (Mr K O Bapela): Hon member, that point was raised earlier, in terms of the point of order. Hon Deputy Chief Whip, if there is no consensus, you know the rule is that the motion be reverted. If you remove the words “the ANC”, everyone seems to be concurring …

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, we would love this House to accept and support the Deputy President. It is very important that the Deputy President be supported. So we will move that the words “the ANC” be removed.

The HOUSE CHAIRPERSON (Mr K O Bapela): So the motion should read, “the House”?

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: It should read “the House”. [Applause.]

The HOUSE CHAIRPERSON (Mr K O Bapela): So, there are no objections to the motion provided that the words “the ANC” be removed from it? The House therefore supports the Deputy President?

Agreed to.

ROAD ACCIDENTS, INJURIES AND DEATHS CAUSED BY RECKLESS AND NEGLIGENT
                               DRIVING

                         (Draft Resolution)

Mr M J ELLIS: Mr Chairman, I move without notice:

That the House -

  1) notes with deep dismay the death of four teenagers in their  matric
     year on their way home from school, when one of two  Mini  Coopers,
     that were racing each other, smashed into them in Mdlalose  Street,
     Protea Glen, Soweto and extinguished their lives;


  2) expresses its heartfelt condolences to the bereaved families and to
     all at school who knew them and interacted with them;
  3) requests the government to  take  the  sternest  measures  possible
     against all who take part in  drag  racing  by  confiscating  their
     vehicles,  revoking  their  driving  licences  and  imposing   jail
     sentences on them;


  4) further requests the government to put measures in place to  ensure
     that all young drivers below the age of  25  are  tested  on  their
     knowledge of the laws that apply to driving and the implications of
     causing an accident where death and injury occur; and


  5) requests insurance companies to look  into  the  implementation  of
     systems to have drivers declare never to participate in any kind of
     racing on pain of their insurance being invalidated.

Thank you.

Agreed to.

            TREATMENT OF HIV PATIENT AT MOHLAKENG CLINIC

                         (Draft Resolution) Mrs M N MATLADI: House Chair, the ACDP moves without notice:

That the House - 1) notes that on 5 March 2010 the Independent Online news portal reported that Thabang, a seven-year-old HIV-positive boy, who is gravely ill, went to Mohlakeng Clinic in Randfontein expecting to receive ARVs, but was turned away with nothing more than protein porridge;

  2) further notes that the Gauteng health department has acknowledged
     that Thabang had not been handled according to protocol by staff at
     the Mohlakeng Clinic and was never referred to a physician for
     examination, nor was his blood drawn to determine his CD4 count;
     and


  3) expresses its anger at how Thabang’s case had been handled, which
     reflects gross incompetence, and further appreciates the prompt
     response by the Gauteng department of health in instituting
     remedial action and urgent investigation into the matter.

Agreed to.

             PARAMEDIC RAPED IN DURBAN DEEP, ROODEPOORT

                         (Draft Resolution)

Rev K R J MESHOE: House Chair, I move a motion without notice:

That the House -

1) notes with great concern the reported rape of a paramedic and
   attempted rape of her colleague in Roodepoort’s Durban Deep area
   while they were on duty attending to an injured toddler;


2) further notes that paramedics are a valuable and indispensable part
   of the health of our nation, who attend to emergencies on our roads
   and communities, many times late at night and sometimes in adverse
   weather conditions;


3) calls on all community members, particularly those in informal
   settlements, to support, protect and help paramedics in the
   execution of their duties; and


4) salutes and expresses our sincere appreciation to all paramedics for
   the great work they are doing in our nation.

Agreed to.

          100TH ANNIVERSARY OF FORMATION OF NAZARETH CHURCH

                         (Draft Resolution)

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: House Chair, I move a motion without notice: That the House -

1) notes that today, Wednesday, 10 March 2010, marks the 100th
   anniversary of the formation of the Nazareth Church or Shembe
   Church;


2) further notes that right from inception the African independent
   churches played a crucial role in promoting a religious philosophy
   based on sound African value systems and that many of the leaders of
   independent churches have assumed leadership positions in society
   over the years;


3) remembers that the independent churches enabled leaders like Inkosi
   Isaiah Mdliwamafa Shembe, the founder of the Nazareth Church,
   Nehemiah Tile, Tiyo Soga, A Mgqibisa and others to articulate and
   provide channels for the expression of the deep-felt political
   grievances of the people;


4) acknowledges that the church became more than just a place of
   religious worship: it signified a political protest movement seeking
   to escape the reality of colonial rule;


5) believes that the African independent churches have played a leading
   role in the liberation movement and they will continue to play a
   prominent role in the moral regeneration of our society and remain
   an important partner in fostering the spirit of nation-building and
   reconciliation;
6) calls upon the church, as partners with the government in the Moral
   Regeneration Movement, to continue ensuring that the moral values of
   ubuntu, such as respect for human life and respect for each other,
   are inculcated, especially amongst our youth; and


7) congratulates the Nazareth Church on its 100th anniversary and
   express the wish that it may continue to grow and lead the nation to
   become morally conscious.

Agreed to.

              HOSTAGE NICK GREYLING RELEASED IN NIGERIA

                         (Draft Resolution)

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: House Chair, I move without notice:

That the House -

1) notes that South African Nick Greyling, a sound engineer for M-Net
   SuperSport who was held hostage in Nigeria, was released on Monday
   evening by his captors;


2) further notes that Greyling and two Nigerian colleagues - cameraman
   Alexander Effiong and commentator Bowie Attamah - were taken from
   their bus on Monday in the Imo province, near the Oweri Airport
   where Effiong escaped soon after the attack;


3) recognises that the speedy resolution of their situation was due to
   negotiations with the hostage-takers by the Nigerian authorities;


4) thanks the Nigerian government for its co-operation and assistance
   in negotiating a peaceful resolution; and


5) wishes Greyling a safe journey home.

Agreed to.

                          COMMONWEALTH DAY

                         (Draft Resolution)

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: House Chair, I move without notice:

That the House -

  1) notes that Commonwealth Day is celebrated on the second Monday in
     March every year and that, throughout the 61 years of its
     existence, the Commonwealth has provided platforms and fora to
     affirm common values and goals which include the promotion of
     democracy, human rights, good governance, multilateralism and world
     peace;


  2) further notes that the aim of commemorating Commonwealth Day is to
     promote understanding of global issues, international co-operation
     and the work of the Commonwealth to improve the lives of its 1,8
     billion citizens;


  3) recognises that the modern Commonwealth has its origins in the
     former British Empire and today comprises 53 independent member
     states: 32 members are republics, 16 have constitutional monarchies
     which recognise Her Majesty Queen Elizabeth II as their head of
     state, and five have national monarchies, namely Brunei Darussalam,
     Lesotho, Malaysia, Swaziland and Tonga; and


  4) encourages South Africa to use the Commonwealth to achieve   the
     goals of a better Africa and a better world.

Agreed to.

Mr M J ELLIS: I wonder if the hon Deputy Chief Whip of the Majority Party would stop now. We would like to go home now, please. [Laughter.]

The DEPUTY HOUSE CHAIRPERSON (Mr K O Bapela): He has every right to present if there are other motions.

The CHIEF WHIP OF THE MAJORITY PARTY: House Chairperson, may I inform the House that I have 100 more motions to move. [Laughter.]

          ESTABLISHMENT OF PARLIAMENTARY INTERFAITH COUNCIL

                         (Draft Resolution)

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: House Chairperson, I move without notice:

That the House -

  1) notes that Parliament will shortly establish a Parliamentary
     Interfaith Council;


  2) recalls that on 6 November 2009 the Multiparty Chief Whips’ Forum
     agreed to establish the council, which would interact with other
     religious structures outside Parliament on issues of spiritual and
     moral support, and conflict resolution on the African continent;


  3) recognises that the formation of the council would create an
     additional platform for an activist Parliament that would further
     advance, forge and renew relationships amongst different religions
     and would seek to influence and focus discussions on issues
     affecting different religions;


  4) further recognises that the council would be used as a mechanism to
     reach out to the electorate for enhancing nation-building and
     social cohesion and promote peace and co-operation among religious
     formations in South Africa; and


  5) commits itself to intensify its efforts to contribute to nation-
     building and social cohesion.

Agreed to.

The HOUSE CHAIRPERSON (Mr K O Bapela): Are there any further motions without notice? None.

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Just that of congratulating Mr Mike Ellis. [Laughter.]

The HOUSE CHAIRPERSON (Mr K O Bapela): Oh, a motion to congratulate Mike Ellis? Thank you. [Laughter.]

Mr M J ELLIS: No objections, sir.

The HOUSE CHAIRPERSON (Mr K O Bapela): No objections. Agreed to. [Laughter.]

The House adjourned at 17:41. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

                        FRIDAY, 5 MARCH 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Calling of Joint Sitting

            CALLING OF JOINT SITTING OF PARLIAMENT
   

The Speaker of the National Assembly, Mr M V Sisulu, and the
Chairperson of the National Council of Provinces, Mr M J Mahlangu, in
terms of Joint Rule 7(2), have called a joint sitting of the Houses of
Parliament for Tuesday, 9 March 2010 at 14:00 to conduct a debate in
celebration of International Women’s Day.


M V SISULU, MP                      M J MAHLANGU, MP
SPEAKER OF THE                      CHAIRPERSON OF THE
NATIONAL ASSEMBLY             NATIONAL COUNCIL OF PROVINCES

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

 a) Report of the Auditor-General on the status of climate change
    initiatives in South Africa [RP 12-2010].

1. The Minister of Basic Education (a) Strategic Plan of the Education Labour Relations Council for 2010 – 2013 and one-year Service Delivery Plan for 2010 - 11.

T100305e-insert1

                          COMMITTEE REPORTS National Assembly

1. Report of the Portfolio Committee on Correctional Services on the Department of Correctional Services and the Judicial Inspectorate for Correctional Services 2008/09 Annual Reports, dated 23 February 2010.

The Portfolio Committee on Correctional Services, having considered the 2008/09 annual reports of the Department of Correctional Services and its entity, the Judicial Inspectorate for Correctional Services, reports as follows:

1. INTRODUCTION

1.1 In its consideration of the annual reports of the Department of Correctional Services (DCS) and its entity the Judicial Inspectorate for Correctional Services (JICS), the Committee held stakeholder hearings (21 October) and received briefings by the DCS (28 October) and the JICS (4 November).

1.2 The Committee invited comment on the two annual reports from labour unions, non-governmental organisations (NGOs) and research and state institutions. The following stakeholders responded to the Committee’s invitation for comment on the DCS’ Annual Report: the National Institute for Crime Prevention and the Reintegration of Offenders (NICRO), the Civil Society Prison Reform Initiative (CSPRI), the Public Service Association (PSA), the Police and Prison Civil Rights Union (POPCRU) and the South African Human Rights Commission (SAHRC). Only the CSPRI submitted comment on the JICS’ 2008/09 Annual Report.

1.3 The DCS and JICS officials who appeared before the Committee included: Ms J Schreiner (Acting National Commissioner), Mr T Motseki (Chief Deputy Commissioner: Corrections), Ms N Mareka (Deputy Commissioner: Financial Management and Accounting) Mr J Shilubane (Deputy Commissioner: Government Information and Technology Officer), Ms R Tshimomola (Director: Management Accounting), Mr S Tsetsane (Chief Deputy Commissioner: Corporate Services), Mr P Mbambo (Deputy Commissioner: Executive Management), Mr N Mketshane (Deputy Commissioner: Personnel Development), Mr M Ngubo (Deputy Commissioner: Supply Chain Management) and Dr J Coetzee (Deputy Director: Operations); Judge DH van Zyl (Inspecting Judge); Mr G Morris (JICS: Director); Mr M Prusent (JICS: Western Cape Regional Manager); Mr A Carelse (JICS: Gauteng Regional Manager); Ms V Rubu (JICS: Area Coordinator) and Mr U Raga (JICS: Acting National Manager Legal Services).

1.4 This report comprises an overview of key aspects of the two annual reports, concerns raised by stakeholders and the Committee’s observations and recommendations.

1.5 In his 2008 State of the Nation Address (SONA) the President had identified three focus areas for attention by the DCS in the 2008/09 financial year: a reduction in recidivism, victim involvement in the parole process and the review of the criminal justice system. This report also makes reference to the DCS’ progress in relation to these focal areas.

1.6 The 2008/09 DCS Annual Report was not as detailed as the DCS’ reports of the previous two years, often requiring reference to the strategic plan for the same period to determine whether targets have been met. In addition, it is fraught with inconsistencies and inaccuracies that raise concern about the integrity of the information contained in it.

1.7 Although the DCS received a qualified audit report, the Auditor General of South Africa (AGSA) concluded that in general terms the DCS has reached a level of maturity in terms of financial management which now requires it to focus on the implementation of adequate financial reporting systems and the drafting, approval and implementation of policies and procedures. 1.8 In addition to its usual interactions with the Department, the Committee will use its quarterly administrative and financial report hearings to track the DCS’ progress as far as the implementation of recommendations contained in this report.

1. PROGRAMME BY PROGRAMME EVALUATION

2. Programme 1: Administration The DCS reported a general decline in fraud, corruption and maladministration in the year under review, and managed to reduce matters of qualification by 75%. It developed both a performance measurement system with clear indicators, and a strategic human resource management document. A project office ensuring that key projects such as the Offender Rehabilitation Path (ORP) are aligned with strategy and well-coordinated has been established, and most significantly, Cabinet approved the Remand Detention branch. These positive developments notwithstanding, the DCS’ instability at senior management level, budgetary constraints and poor integration and coordination of various branches have led to many challenges that negatively affected service delivery as well as the implementation of the White Paper on Corrections. Although the report states that more awareness has been created around matters related to ethics, compliance with legislative and policy requirements as far as combating corruption remains a challenge, with the report providing no clarity as to whether the DCS’ investigation of incidents and handling of litigation cases have shown improvement.

The DCS reported a vacancy rate of 10,5%, 3,5% below target. In addition, the turnaround time for filling vacancies increased to 210 days. The failure to meet the 7% target could, in part, be ascribed to the moratorium on appointments to non-critical posts. Although critical vacancies have been kept below the 50% for all but psychologists, the number of scarce skill vacancies remains a matter of concern, given the role such professionals play in the care, development and rehabilitation programmes critical to reducing recidivism.

2.2 Programme 2: Security The safe and humane detention of offenders is the DCS’ core function. Assaults and escapes have decreased, and security policies and procedures have been implemented with all management areas reporting on compliance. Disturbingly the DCS failed to meet its targeted 3,5 unnatural deaths per 10 000 offenders.

In 2007 R100 million per year over a three-year period, had been set aside for the roll-out of biometric access control equipment, but according to the Annual Report the DCS could, due to non-compliance by the service provider, only install access control systems at one of the 68 centres it had targeted in the year under review. No explanation was provided for how this failure to deliver affects the project as a whole, or what measures have been put in place to recoup monies already spent.

2.3 Programme 3: Corrections Although fully implemented at all centres of excellence (CoEs), the roll- out of the three meals a day and structured day programmes varies from centre to centre. No clarity is provided on what was causing the varied levels of delivery or when these challenges will be addressed. Furthermore, due to the DCS’ failure to identify sites for its implementation, the video arraignment project could not be completed.

Due to the increased involvement of service providers the DCS has succeeded in reaching 60 543 offenders, through work programmes, far exceeding the targeted 15 704. Although the 108 000 work opportunities targeted was exceeded by nearly 40 000, the report was unclear as to the types of work, and duration of the offenders involvement in such activity. The DCS clarified that the types of work activity varied, and that the figures quoted referred to every opportunity rather than every offender involved in a work activity.

Overcrowding remains one of the DCS’ biggest and most immediate challenges. Although there is more awareness of the need to implement the relevant sections of the Criminal Procedure Act, and while such implementation is being monitored, implementation remains unacceptably low. It is hoped that the remand detention centres would bring some relief.

2.4 Programme 4: Development The DCS had hoped to involve 22 000 offenders in formal education programmes, but this target was not reached. Only 15 130 students enrolled. This was partly due to the DCS not meeting the Departments of Higher and Basic Education’s requirements for its facilities to be registered as fulltime schools. Targets as far as participation in sports and recreation, as well as skills development programmes were also not met. Shortages of funds as well as operational challenges related to the implementation of the LOGIS system, and the failure to procure fertiliser, seeds, pesticides and vaccines timeously resulted in food production targets also not being met. Although the number of offenders involved in agricultural activities increased from 2 471 to 2 960, the number of those participating in production workshops had decreased. Though the report does not state it explicitly, the decrease in participation in workshops may be ascribed to staff shortages.

2.5 Programme 5: Care While the DCS met all its targets in terms of social work, spiritual care and HIV and AIDS programmes, it could not reach the targeted 10 200 psychological care sessions. Only 9 073 psychological sessions were held, just under 4 000 less than in the previous year. While the successes in the above-mentioned targets were ascribed to dedication on the part of staff, use of external service providers and the appointment of 7 chaplains, lack of funds, resignations and completion of community service were cited as reasons for the failure to meet the psychological sessions target.

According to the report, health care programmes targeting government priority areas are available and accessible in all DCS management areas, and primary health care services are available to all offenders. 50% of the DCS management areas implemented comprehensive HIV and AIDS programmes: 72 746 offenders participated in HIV and AIDS sessions, exceeding the 19 500 target.

2.6 Programme 6: Social Reintegration Most targets in this programme were not met. The DCS could for instance not succeed in reducing the number of parole violations or absconders. Diversion in terms of Section 76 of the Criminal Procedure Act, has also decreased.

Interactions between the DCS, selected parole board chairpersons and the Committee have revealed that victims are very seldom involved in the parole process. The Annual Report indicates that a policy procedure and supervision (community corrections) document was submitted for approval, and parole review policy procedures are said to be in place in the 6 DCS regions. 47 362 applications for parole were considered, and 22 252 conditional placements approved.

2.7 Programme 7: Facilities Most of the targets for this programme were not met. While a number of facilities were upgraded in the 2008/09 financial year, the targeted 94 maintenance projects could not be met: only 58 projects were being maintained, 12 were on tender, and 14 were in the planning stage. The report is silent on the construction of the 5 generation prisons, and there is no clarity as to the policy procedures that have been submitted for approval, or the DCS – Department of Public Works (DPW) service level agreement.

1. JUDICIAL INSPECTORATE FOR CORRECTIONAL SERVICES

In terms of the Correctional Services legislation the JICS is an independent office under the control of the Inspecting Judge, and aimed at facilitating the inspection of prisons in order to report on the treatment of prisoners as well as prison conditions. Section 91 of the Correctional Services Act (CSA) of 1998 states that the DCS is responsible for the JICS expenses. Although the 2008/09 Annual Report was silent in terms of the correctional services-related aspects of that year’s SONA, it covered the JICS’ activities for the reporting period quite extensively.

3.1 Office of the Inspecting Judge Judge Deon van Zyl was appointed in November 2008, after acting in the position for 6 months. The JICS’ expenditure amounted to R15 037 017, 65, the same as the previous year. 88% of that expenditure went to the compensation of employees. As the JICS does not have its own budget, its expenditure is not audited.

3.2 State of Correctional Centres Much of this chapter of the report focuses on prison overcrowding, which is not spread evenly across regions, and the impact it has on conditions in prison and the treatment of offenders. Though South African prisons have been overcrowded since 1965, the rapid increase between 1996 and 2000 could be attributed to the increase in awaiting-trial detainees (ATDs). The report makes clear that while ATDs contributed to the overcrowding the impact of minimum sentencing for certain crimes and an increase in the number of “lifers” should not be underestimated. The large prison population impacts negatively on the roll out of care and development, as well as rehabilitation programmes, all of which are critical to reducing recidivism. Overcrowding does not only negatively impact on living conditions, but also on staff resulting in low morale, increased absenteeism and unacceptable work ethic.

3.3 Deaths in Prison All deaths in prison must be reported to the JICS, and in 2008 1 155 such reports were received, 66 of which were related to unnatural deaths. The JICS is concerned about the definition of unnatural and natural deaths – many ‘natural’ deaths may be the result of officials’ failure to provide care that may have prevented the death. Between March and April 2009 9 inmates died, allegedly at the hands of officials, yet the report is silent on deaths resulting from assaults by officials.

3.4 Prisoner complaints The JICS appoints Independent Correctional Centre Visitors (ICCV) to visit prisons and to record prisoner complaints. Amendments to the CSA require that an ICCV be appointed to each prison. By the end of the reporting period had deployed 191 such visitors across the DCS regions. These ICCVs paid 7 103 visits, interviewed 344 657 inmates and recorded 69 415 complaints.

1. OVERVIEW OF STAKEHOLDER INPUT The following concerns were raised by stakeholders and do not necessarily reflect the Committee’s views.

4.1 Audit Report 4.1.1 Most stakeholders commended the DCS for having, despite its numerous challenges, managed to reduce its audit qualifications. 4.2 Babies in correctional centres with their incarcerated mothers 4.2.1 NICRO supports that babies should remain with their mothers for the shortest possible time so as to avoid the negative consequences ‘incarceration’ would have on their development and welcomed that the CSA now made provision for the ‘proper placement of such children’. It is essential that mothers be involved in the placement process to facilitate a smooth transition through adequate counseling and information.

4.3 Rehabilitation, Reintegration and Recidivism 4.3.1 Concern was raised that although there has been an increase in the number of offenders with sentence plan, the fact that only 10,75% of sentenced offenders had such a plan was a cause for concern, given that such plans are essential in ensuring that offending behaviour is addressed and recidivism curbed.

4.3.2 Civil society organisations were pleased about the increased use of community, non governmental and faith-based organisations in the provision of correctional programmes. At only 60 543 offenders taking part in such programmes in the year under review, the figure remains disturbingly low. It is hoped that the DCS would continue making use of the above-mentioned organizations so as to ensure that the DCS will be able to meet its rehabilitation objectives.

4.3.3 There is a need to investigate the factors that cause offenders to re- offend, and to promote those factors that motivate offenders to not commit crime. Rehabilitation and reintegration practitioners have noted the impact poor family relationships and the high incidence of family dysfunction had on rehabilitation efforts. NICRO proposes the establishment of Family and Restorative Justice Centres at all correctional centres to not only facilitate better reintegration into families and society, but to also ensure that victims are part of the process.

4.3.4 The rehabilitation and reintegration of offenders is heavily dependent upon a fully resourced inter-disciplinary team. While the increased access to social work and spiritual sessions is welcomed, the decrease in participation in psychological sessions, due to a shortage of psychologists is alarming.

4.3.5 Contrary to the National Commissioner’s comments that budget programmes had been re-organised to give effect to the White Paper, very little of the current budget has gone towards the Social Reintegration budget. Given that in the financial year under review saw 22 252 offenders released on parole, the fact that only 4 944 took part in reintegration programmes is worrying.

4.3.6 The Annual Report reflects a 32% drop in formal education, 70% in mainstream education and 18% in correspondence training with the overall involvement in education and training programmes dropping by 12%. Education and skills development programmes should be extended to more inmates, as these not only combat idleness but more importantly increase the chances of inmates securing employment upon release and reduces the likelihood of re-offence. Educational programme should be aligned to the skills development programme outlined by the Departments of Basic and Higher Education.

4.4 Civil Society participation 4.4.1 The undertaking to strengthen collaboration in crime prevention initiatives by working closer with NGOs, faith-based organisations (FBOs) and community-based organisations (CBOs) and other civil society organisations was praised and the development of guidelines for partnerships with service providers, and amendments providing for the above-mentioned organisations to register and interact with sentenced offenders to facilitate the rehabilitation, (Section 13(a) and (b)) were welcomed. The lack of detail around the registration and screening process and the silence on the development of a more formal accreditation process is a matter of concern. If such collaborative efforts are to succeed, coordination of efforts and initiatives and the pooling and effective use of such efforts and resources would be vital.

4.5 Health Care 4.5.1 The provision of quality mental health care in correctional centres is critical for both inmates and officials. By the end of the 2009 financial year the psychologist-inmate ratio stood at 1: 7 510. The DCS must take the necessary steps to address the shortage of psychologists through incentives that would attract such health specialists. Such efforts should be accompanied by adequate career- pathing so as to ensure that once acquired, the skills are retained.

4.6 Alternative sentencing/Diversion 4.6.1 It was agreed that incarceration should be a last resort for any adult or child in conflict with the law, and all alternative sentencing possibilities should be explored before opting for incarceration.

4.7 Human Resource Management 4.7.1 While the Service Level Agreement between the DCS and the National Library for the Blind was welcomed, the DCS must be more specific when outlining its achievements and/or challenges as far as officials with disabilities and gender representivity, particularly what percentage of its workforce, especially at middle or senior management level, are people with disabilities.

4.7.2 Given that the DCS’ total personnel expenditure budget comes to R7,9 billion, the single largest share of its budget, creating value for money in this area is essential, and the steps towards implementing a performance management system are encouraged. The DCS however had performance discussion meetings with only 43% of staff, and this raised concern: performance management should be consistent and regular else it will be perceived as arbitrary and consequently unfair, creating dissatisfaction, disgruntlement and poor or non- performance.

4.8 Deaths in incarceration 4.8.1 While the decline in the number of deaths in prison is welcomed, it was agreed that every death in prison should be regarded as undignified, and that those caused by the failure of Heads of Centres to provide adequate medical care, should be considered unnatural too, and that each death be thoroughly investigated. It was stated that amongst others lowering overcrowding, training of officials to adequately care for mentally-ill offenders, and identify threatening behaviour, and a more human legal framework governing medical parole would assist the DCS in further lowering the incidents of death in incarceration.

4.8.2 The “target” for unnatural deaths, noted as the ratio, 3.5/10 000, reflects the DCS’ apparent disregard and insensitivity when it comes to deaths in prison. The DCS should recognise that even a single unnatural death in incarceration is unacceptable and future Annual Reports should provide an exact total of such deaths and a summary of the reasons, investigations, findings and steps taken against those implicated.

4.9 Overcrowding 4.9.1 The DCS’ failure to comply with Section 7 of the CSA, providing for inmates to be held in cells adequate for detention and under conditions of human dignity was also highlighted and lamented. It was recommended that in addition to judicial officers and prosecutors ensuring that bail is appropriate and affordable as well as greater use of plea-bargaining procedures, Correctional Supervision and Parole Boards (CSPB) should be more vigorous in ensuring that those qualifying to be considered for parole are processed and that unnecessary delays should not be tolerated.

4.10 Judicial Inspectorate for Correctional Services 4.10.1 The DCS appears to have ignored the JICS and its recommendations as far as the care and treatment of offenders, as no mention of such recommendations is made in the Annual Report. The JICS has raised such concerns in its own Annual Reports and does so again in its current Annual Report, particularly in relation to the DCS’ compliance with regard to mandatory reports.

4.11 Secure care and safe custody 4.11.1 The JICS recorded 2 884 complaints of inmate-on-inmate assaults, 2 010 alleged official-on-inmate assaults and 4 223 allegations of inhumane treatment. 4.11.2 Though the DCS recorded a total of 83 assaults per 10 000 offenders, and incurred a staggering R988 million in liabilities as a result of “Bodily injury/assault”, virtually no detail is provided on nature of the assaults e.g whether they were offender-on-offender or official-on-offender. The DCS should provide greater clarity on what constitutes an assault and such information should be reflected in future reports. 4.11.3 Such statistics imply that the DCS is unable to guarantee inmates’ safety, and disturbingly that often inmates are assaulted by the officials charged with their care.

4.12 Awaiting-Trial/Unsentenced Detainees 4.12.1 Civil society organisations noted the DCS’ mention of Cabinet’s decision that it be responsible for enhancing and managing remand detention, but lamented the lack of detail regarding the establishment of the dedicated and remand detention branch and the tool used by regions to monitor the implementation of relevant provisions contained in the Criminal Procedure Act (Act 51 of 1977).

1. COMMITTEE OBSERVATIONS/RECOMMENDATIONS

5.1 Administration 5.1.1 The Committee remains extremely concerned about the number of disciplinary and corruption cases. The reported decline in the level of non-compliance with policies and legislation notwithstanding, the number of such cases is unacceptable. Concerns about long suspensions particularly those beyond 30 days persist and the Committee recommends that the DCS pay urgent attention to resolving cases speedily, preferably before recourse is sought in court. 5.1.2 While some stakeholders have praised the DCS for its efforts towards greater alignment of its policies with the Constitution, and its activities with the vision contained in the White Paper on Corrections, the Committee feels that there are still too many gaps and non-compliance as far as implementation. The DCS should brief the Committee on its policies and account for why those policies notwithstanding, so many violations, not only in terms of offender care, but also in terms of how it manages its personnel are still being reported by offenders and officials alike. 5.2 Deaths in incarceration 5.2.1 The Committee echoes the outrage at the unsympathetic manner in which the DCS reports on deaths in incarceration. It agrees that given the DCS’ core function of providing secure care, a single unnatural death, whether as a result of inadequate/nonexistent medical care or assault, is unacceptable. The DCS should report, in its quarterly administrative and financial reports to the Committee, on both their interventions aimed at eradicating unnatural deaths, and their compliance in terms of the legislation particularly as far as the mandatory reports required by the JICS.

5.3 Facilities 5.3.1 As stated in the Committee’s Report on the DCS’ 2009/10 budget and strategic plan, overcrowding places enormous strain on, amongst others, prison infrastructure. While some prisons are grossly overcrowded, others are under- or inappropriately utilised. The Committee recognises that the current infrastructure is not conducive to realising the DCS’ rehabilitation and will follow-up on interventions aimed at creating appropriate accommodation for juvenile offenders, mothers with babies and the new Remand Detention Branch in particular.

5.3.2 Oversight visits to correctional centres, JICS reports and complaints received from inmates and officials have made clear that many correctional centres are in need of various degrees of maintenance. The DCS has indicated that the fact that the maintenance of government owned property resides with the DPW created challenges as far as addressing its maintenance needs. The DCS-DPW Service Level Agreement is long overdue, and should be finalised as a matter of urgency, as poorly maintained correctional centres, do not only impact on the DCS’ ability to humanely detain inmates, but also pose a security risk.

5.3.3 Unsentenced offenders make up a large portion of the prison population and therefore contribute significantly to overcrowding. Their presence in correctional centres also poses a security risk, because they are unsentenced and therefore have no security classification. The DCS has identified 10 centres for conversion to remand centres, and the Committee eagerly awaits reports on the progress of those conversions.

5.4 Overcrowding 5.4.1 Overcrowding impedes service delivery to offenders, and makes humane conditions of incarceration nearly impossible. Given that unsentenced offenders, many of whom are in prison simply because they cannot afford bail set at as little as R300, are the main contributors to overcrowding, increased cooperation within the JCPS cluster is vital. Awareness must be raised among cluster members of the far-reaching implications, budgetary and otherwise, associated with overcrowding, and the DCS as the department responsible for remand detention, and the department feeling the brunt of its weight should drive that process.

5.5 Care, Development and Corrections 5.5.1 Less than 11% of offenders had sentence plans developed in the period under review. Given that the care, development and corrections programmes an offender is exposed to while incarcerated, is informed by his or her sentence plan, the Committee is deeply concerned about the slow progress in this regard. With a recidivism rate of 95%, it is critical that appropriate sentence plans are developed for each offender to ensure that their offending behaviour is adequately addressed. The Committee acknowledges that given the high level of overcrowding such programmes, even if adequately funded, would be an enormous challenge to run. While the Committee notes the DCS’ shortage of skilled professionals such as teachers, and infrastructural challenges that do not always make delivery on such services possible, it must emphasise, as it did in its Report on the DCS’ 2009/10 Budget and Strategic Plan, that there should be greater synergy between the Department’s strategic objectives, and how it funds its programmes.

5.5.2 The Committee welcomes the National Council for Correctional Services’ review of the medical parole policy aimed at making the process more effective, less open to manipulation, and possibly inclusive of seriously ill inmates, not only those who are in the last stages of a terminal illness. Health care services to sick inmates are also often inadequate and more should be done to ensure that basic health care needs are met. The Committee will continue to engage the relevant stakeholders on both the medical parole, and general health care service delivery. 5.6 Social Reintegration 5.6.1 The Committee is most concerned that most of the targets in this programme have not been met, in particular that the DCS could not reduce the number of parole violations. This could, in part be ascribed to the fact that the care and development and social reintegration programme was, and remains grossly under-funded. Many ex- offenders are rejected by their communities upon their release, and struggle to find employment. Corrections is a societal responsibility and all sectors must play their role in ensuring that ex-offenders are successfully reintegrated. Much has to be done to combat the stigma attached to having been incarcerated and to promote restorative justice. Faith in the parole system is integral to parolees and rehabilitated offenders being accepted by their communities upon their release, and the DCS should redouble its efforts in making the system more efficient.

5.6.2 FBOs, NGOs and CBOs play an important role in the delivery of rehabilitation and reintegration programmes to offenders. More support should be given to the sector, in order to reach more inmates, but such partnerships should be closely monitored to ensure maximum effect.

5.7 Prison labour 5.7.1 The Committee acknowledges the potential security risk when inmates are engaged in work activities, but feels strongly that with adequate management, prison labour can assist in making the DCS more self- sufficient, cutting on some of the costs, particularly in those areas that are currently being outsourced. Prison farms, factories and workshops should be utilised fully. The skills and work ethic developed through work programmes will also aid the rehabilitation and reintegration process.

5.8 Reporting by the JICS 5.8.1 The Committee recommends that the JICS’ report provide detail regarding its performance targets and to what extent they have been able to meet them. Without information related to its successes and challenges particularly in relation to the processing and resolution of inmate complaints, it is difficult to accurately assess the entity’s performance.

1. APPRECIATION The Committee thanks all those who appeared before it for their input and cooperation, and looks forward to fruitful interactions with all stakeholders as it does its oversight of the Department.

Report to be considered.

                        MONDAY, 8 MARCH 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) Protection of Information Bill, 2010, submitted by the Acting Minister of State Security.

TABLINGS National Assembly and National Council of Provinces

1. The Minister of Communications

(a)     Strategic Corporate Plan of Sentech for 2010 – 2013.

1. The Minister for the Public Service and Administration

 a) Strategic Plan of the Public Administration Leadership and
    Management Academy (Palama) for 2010/11 – 2012/13.

1. The Minister of Transport

(a)     Report and Financial Statements of the Air Service Licensing
    Council (ASLC) for 2008-09.


(b)     Report and Financial Statements of the International Air
    Services Council (IASC) for 2008-09.

1. The Minister for Cooperative Governance and Traditional Affairs

   a) Report and Financial Statements of the South African Local Government Association (SALGA) for 2008-09, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-09 [RP 44-2009].

National Assembly

1. The Speaker

(a)     Report of the Public Service Commission (PSC) on the Assessment
    of the Public Sector Education and Training Authority’s
    Contribution towards the Development of Skills and Career
    Progression Prospects in the Public Service – August 2009 [RP 264-
    2009].

                        TUESDAY, 9 MARCH 2010 ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Introduction of Bills

 (1)    The Minister of State Security

      a) Protection of Information Bill [B 6 – 2010] (National Assembly
         – proposed sec 75) [Explanatory summary of Bill and prior
         notice of its introduction published in Government Gazette No
         32999 of 5 March 2010.]

         Introduction and referral to the Joint Tagging Mechanism (JTM)
         for classification in terms of Joint Rule 160.

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

1. Calling of Joint Sitting

            CALLING OF JOINT SITTING OF PARLIAMENT
   

The Speaker of the National Assembly, Mr M V Sisulu, and the
Chairperson of the National Council of Provinces, Mr M J Mahlangu, in
terms of Joint Rule 7(2), have called a joint sitting of the Houses of
Parliament for Tuesday, 16 March 2010 at 14:00 to conduct a debate in
celebration of Human Rights Day.


M V SISULU, MP                      M J MAHLANGU, MP
SPEAKER OF THE                      CHAIRPERSON OF THE
NATIONAL ASSEMBLY             NATIONAL COUNCIL OF PROVINCES

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

(a)     Report and Financial Statements of the Registrar of Long-term
    Insurance for 2007 [RP 272-2009].


(b)     Report and Financial Statements of the Registrar of Short-term
    Insurance for 2007 [RP 202-2009].


(c)     Government Notice No R.1085 published in Government Gazette No
    32732 dated 27 November 2009: Correction Notice:  Imposition of
    Provisional Payment (PP/135), in terms of the Customs and Excise
    Act, 1964 (Act No 91 of 1964).


(d)     Government Notice No R.1086 published in Government Gazette No
    32732 dated 27 November 2009: Amendment of Schedule No 1 (No
    1/1/1389), in terms of the Customs and Excise Act, 1964 (Act No 91
    of 1964).


(e)     Government Notice No R.1087 published in Government Gazette No
    32732 dated 27 November 2009: Amendment of Schedule No 1 (No
    1/1/1390), in terms of the Customs and Excise Act, 1964 (Act No 91
    of 1964).


(f)     Government Notice No R.1088 published in Government Gazette No
    32732 dated 27 November 2009: Amendment of Schedule No 1 (No
    1/1/1391), in terms of the Customs and Excise Act, 1964 (Act No 91
    of 1964).


(g)     Government Notice No R.1089 published in Government Gazette No
    32732 dated 27 November 2009: Amendment of Schedule No 1 (No
    1/1/1392), in terms of the Customs and Excise Act, 1964 (Act No 91
    of 1964).


(h)     Government Notice No R.1090 published in Government Gazette No
    32732 dated 27 November 2009: Amendment of Schedule No 3 (No
    3/652), in terms of the Customs and Excise Act, 1964 (Act No 91 of
    1964).


(i)     Government Notice No R.1091 published in Government Gazette No
    32732 dated 27 November 2009: Amendment of Schedule No 2 (No
    2/323), in terms of the Customs and Excise Act, 1964 (Act No 91 of
    1964).
(j)     Government Notice No R.1092 published in Government Gazette No
    32732 dated 27 November 2009: Amendment of Schedule No 4 (No
    4/324), in terms of the Customs and Excise Act, 1964 (Act No 91 of
    1964).


(k)     Government Notice No R.1093 published in Government Gazette No
    32732 dated 27 November 2009: Amendment of Schedule No 4 (No
    4/325), in terms of the Customs and Excise Act, 1964 (Act No 91 of
    1964).

1. The Minister of Basic Education

 a) Strategic Plan and Operational Plans of the Department of Basic
    Education for 2010/11 – 2012/13.

                      WEDNESDAY, 10 MARCH 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 76 Bill:

      a) Social Assistance Amendment Bill [B 5 - 2010] (National
         Assembly – sec 76).

National Assembly

The Speaker

1. Membership of Committees

(1)     The following changes to Committee membership have been
    instituted by the Minority Front:

    Portfolio Committee on Economic Development


    Discharged:    Bhoola, Mr R B


    Portfolio Committee on Cooperative Governance and Traditional
    Affairs


    Discharged:    Bhoola, Mr R B


    Portfolio Committee on Social Development
    Appointed:     Bhoola, Mr R B

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

(a)     Government Notice No R.1048 published in Government Gazette No
    32606 dated 06 November 2009: Amendment of Schedule No 1 (No
    1/1/1388), in terms of the Customs and Excise Act, 1964 (Act No 91
    of 1964).


(b)     Government Notice No R.1049 published in Government Gazette No
    32606 dated 06 November 2009: Amendment of Schedule No 2 (No
    2/321), in terms of the Customs and Excise Act, 1964 (Act No 91 of
    1964).


(c)     Government Notice No R.1050 published in Government Gazette No
    32606 dated 06 November 2009: Amendment of Schedule No 3 (No
    3/651), in terms of the Customs and Excise Act, 1964 (Act No 91 of
    1964).


(d)     Government Notice No R.1051 published in Government Gazette No
    32606 dated 06 November 2009: Amendment of Schedule No 4 (No
    4/323), in terms of the Customs and Excise Act, 1964 (Act No 91 of
    1964).


(e)     Proclamation No 74 published in Government Gazette No 32724
    dated 26 November 2009: Amendment of Schedule 1, in terms of the
    South African Revenue Service Act , 1997 (Act No 34 of 1997).


(f)     Government Notice No R.1146 published in Government Gazette No
    32785 dated 04 December 2009: Amendment of Schedule No 1 (No
    1/1/1393), in terms of the Customs and Excise Act, 1964 (Act No 91
    of 1964).
(g)     Government Notice No R.1186 published in Government Gazette No
    32806 dated 18 December 2009: Amendment of Schedule No 1 Part 2B
    (No 1/2/151), in terms of the Customs and Excise Act, 1964 (Act No
    91 of 1964).


(h)     Government Notice No R.1187 published in Government Gazette No
    32806 dated 18 December 2009: Amendment of Schedule No 4 (No
    4/326), in terms of the Customs and Excise Act, 1964 (Act No 91 of
    1964).


(i)     Government Notice No R.1221 published in Government Gazette No
    32825 dated 18 December 2009: Amendment of Schedule No 1 (No
    1/1/1395), in terms of the Customs and Excise Act, 1964 (Act No 91
    of 1964).


(j)     Government Notice No R.1222 published in Government Gazette No
    32825 dated 18 December 2009: Amendment of Schedule No 1 (No
    1/1/1394), in terms of the Customs and Excise Act, 1964 (Act No 91
    of 1964).


(k)     Government Notice No R.1232 published in Government Gazette No
    32838 dated 31 December 2009: Amendment of Schedule No 1 (No
    1/1/1398), in terms of the Customs and Excise Act, 1964 (Act No 91
    of 1964).


(l)     Government Notice No R.1233 published in Government Gazette No
    32838 dated 31 December 2009: Amendment of Schedule No 1 (No
    1/1/1396), in terms of the Customs and Excise Act, 1964 (Act No 91
    of 1964).


(m)     Government Notice No R.1234 published in Government Gazette No
    32838 dated 31 December 2009: Amendment of Schedule No 1 (No
    1/1/1397), in terms of the Customs and Excise Act, 1964 (Act No 91
    of 1964).


(n)     Government Notice No R.1235 published in Government Gazette No
    32838 dated 31 December 2009: Amendment of Schedule No 3 (No
    3/653), in terms of the Customs and Excise Act, 1964 (Act No 91 of
    1964).


(o)     Government Notice No R.1236 published in Government Gazette No
    32838 dated 31 December 2009: Amendment of Schedule No 3 (No
    6/654), in terms of the Customs and Excise Act, 1964 (Act No 91 of
    1964).


(p)     Government Notice No R.1237 published in Government Gazette No
    32838 dated 31 December 2009: Amendment of Schedule No 3 (No
    3/655), in terms of the Customs and Excise Act, 1964 (Act No 91 of
    1964).


(q)     Government Notice No R.1238 published in Government Gazette No
    32838 dated 31 December 2009: Amendment of Schedule No 4 (No
    4/327), in terms of the Customs and Excise Act, 1964 (Act No 91 of
    1964).


(r)     Government Notice No R.1239 published in Government Gazette No
    32838 dated 31 December 2009: Amendment of Schedule No 5 (No 5/90),
    in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(s)     Government Notice No R.1240 published in Government Gazette No
    32838 dated 31 December 2009: Amendment of Rules (DAR/67), in terms
    of the Customs and Excise Act, 1964 (Act No 91 of 1964).


(t)     Government Notice No R.1241 published in Government Gazette No
    32838 dated 31 December 2009: Amendment of Schedule No 4 (No
    4/328), in terms of the Customs and Excise Act, 1964 (Act No 91 of
    1964).


(u)     Government Notice No R.32 published in Government Gazette No
    32899 dated 29 January 2010: Amendment of Schedule No 1 (No
    1/1/1399), in terms of the Customs and Excise Act, 1964 (Act No 91
    of 1964).


(v)     Government Notice No R.33 published in Government Gazette No
    32899 dated 29 January 2010: Amendment of Schedule No 1 (No
    1/1/1400), in terms of the Customs and Excise Act, 1964 (Act No 91
    of 1964).


(w)     Government Notice No R.34 published in Government Gazette No
    32899 dated 29 January 2010: Amendment of Schedule No 3 (No 3/656),
    in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).


(x)     Government Notice No R.35 published in Government Gazette No
    32899 dated 29 January 2010: Amendment of Schedule No 4 (No 4/329),
    in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(y)     Government Notice No R.126 published in Government Gazette No
    32966 dated 26 February 2010: Amendment of Schedule No 1 (No
    1/1/1401), in terms of the Customs and Excise Act, 1964 (Act No 91
    of 1964).

National Assembly

1. The Speaker

 a) Petition on situation at Unitra Community Radio, submitted in terms
    of Rule 312 (Dr Z Luyenge)

    Referred to the Portfolio Committee on Communications for
    consideration and report.

(b)     Letter from Minister of Justice and Constitutional Development
    on late submission of regulations:

    (i)      A letter dated 8 March 2010 has been received from the
         Minister of Justice and Constitutional Development, explaining
         the reasons for the late tabling of regulations made in terms
         of section 97(1) of the Child Justice Act, 2008 (No 75 of
         2008).

Referred to the Portfolio Committee on Justice and Constitutional Development for consideration.

COMMITTEE REPORTS

National Assembly

1. Report of the Portfolio Committee on Energy on the Membership of South Africa to the International Renewable Energy Agency, dated 9 March 2010:

   The Portfolio Committee on Energy, having considered the request for approval by Parliament of the Membership of South Africa to the International Renewable Energy Agency, referred to it, recommends that the House, in terms of section 231(2) of the Constitution, approve the said Agreement.

Report to be considered.