National Assembly - 18 March 2010
THURSDAY, 18 MARCH 2010 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:06.
The Deputy Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
NOTICES OF MOTION
Mr M B GOQWANA: Madam Deputy Speaker, on the next sitting day of the House, I shall move:
That this House debates the state of readiness of our health facilities and health professionals for the upcoming 2010 Fifa World Cup.
Mr A M FIGLAN: Madam Deputy Speaker, I hereby give notice that on the next sitting day of the House, I shall move the following motion on behalf of the DA:
That the House debates measures and the possible implementation thereof by which government’s home-building programme can be designed to take into account the needs of people who live with disabilities, and possible solutions.
Mr M G ORIANI-AMBROSINI: Deputy Speaker, I hereby give notice that on the next sitting day of the House, I shall move the following motion on behalf of the IFP:
That the House -
(1) debates the need to promote the education of our children, especially those in rural areas and conditions of poverty, above the levels of skills, human development and education, not only of their parents, but also of their teachers, so as to ensure that the lack of human development caused by oppression, colonialism and apartheid does not carry over to the new generation born in freedom; and
(2) debates the need to cause the education of our children to leapfrog into a future of modernity by giving consideration to the possibility of providing each of our children with an iPad or Kindle- type personal device which allows them to receive, by radio signal, the very textbooks which the state is now struggling and failing to deliver.
Mr M L FRANSMAN: Madam Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move:
That the House -
1) debates the report on the National Student Financial Aid scheme,
announced by Minister Nzimande; and
(2) debates the issue of access to higher education institutions for poor students.
Mrs J D KILIAN: Deputy Speaker, on behalf of Cope I hereby give notice that on the next sitting day of the House, I shall move the following motion:
That the House debates what appears to be a highly irregular tender awarded by Transnet to a company by the name of GNS Security Services, closely associated with the Minister of Communications, Siphiwe Nyanda.
Rev K R J MESHOE: Deputy Speaker, on behalf of the ACDP, I hereby give notice that on the next sitting day of the House, I shall move the following motion:
That the House -
(1) debates whether or not the singing of the struggle song “Dubula ibhunu”, meaning “Shoot the boer”, undermines the process of forgiveness, reconciliation and nation-building that the nation is enjoying currently; and
(2) debates whether it has any relevance in the new democratic order.
Ms E MORE: Deputy Speaker, I hereby give notice that on the next sitting day of the House, I shall move the following motion on behalf of the DA:
That the House -
(1) debates the problem of the insufficient number of doctors in our health sector, in light of the fact that over the period of 2004 to 2008 the number of doctors qualifying in South Africa declined from 1 394 to 1 306 and the fact that 17% of doctors leave South Africa after qualifying; and
(2) debates possible ways in which both government and the private sector can rectify the situation.
Ms L D MAZIBUKO: Madam Deputy Speaker, I hereby give notice that I intend moving, on behalf of the DA, the following motion:
That the House -
(1) debates measures to curtail wasteful expenditure in light of the high and growing rate of wasteful expenditure by this government since its inception in May 2010, particularly amongst government Ministers; and
(2) debates improved mechanisms whereby government can be compelled to account for such expenditure.
ACCOLADES FOR SOUTH AFRICAN SWIMMER NATALIE DU TOIT
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Deputy Speaker, I move without notice:
That the House -
(1) notes that on Wednesday, 10 March 2010, South African swimming star, Natalie du Toit, won the 2010 Laureus Disability Award at a star- studded ceremony in Abu Dhabi;
(2) further notes that the mission of Laureus is to use and promote sport as a powerful mechanism for dealing with some of the world’s toughest social challenges and that currently it has 78 projects around the world that use sport as a means of tackling some of the gravest social, economic and environmental problems facing society today;
(3) recalls that in 2008 Natalie du Toit made history in Beijing by becoming the first amputee ever to qualify for the Olympics, where she finished 16th in the 10 km open water swim and that she is one of only two athletes to have competed in both the Olympic and Paralympic Games, and that she became the toast of South Africa after winning five gold medals in the Paralympics;
(4) believes that the award she has received is in recognition of the hard work, dedication and commitment to the sport that she loves and the country that she represents; and
(5) congratulates Natalie on a job well done, because she has, yet again, made South Africa proud by raising its flag in the international arena.
Agreed to.
HIGH STANDARD OF DRINKING WATER IN SOUTH AFRICA
(Draft Resolution)
The CHIEF WHIP OF THE OPPOSITION: Madam Deputy Speaker, I move without notice:
That the House –
1) notes with pleasure the announcement by the Minister of Water and Environmental Affairs on 17 March 2010 that all 2010 Fifa World Cup host cities comply with all requirements for the supply of safe drinking water on a sustainable basis;
2) further notes that the municipalities of Cape Town, Johannesburg, Tshwane, Nelspruit and eThekwini have once again been awarded Blue Drop certificates for maintaining a high standard of drinking water purification and supply in 2010, thus retaining their Blue Drop status first achieved in 2009;
3) further notes that, compared to the previous Blue Drop reporting period in 2009, the cities of Mangaung in Bloemfontein, Nelson Mandela Bay, Polokwane and Rustenburg have improved their operations with regard to the management of drinking water, and that they were awarded Blue Drop certification for the first time in 2010;
(4) extends its congratulations to the officials within these municipalities whose hard work has been duly rewarded; and
(5) expresses its confidence that these host cities shall ensure that their visitors during the 2010 Fifa World Cup will be able to enjoy drinking water of the highest quality.
Agreed to.
TRAGIC DEATH OF PUPILS DUE TO RECKLESS DRIVING BY HIP HOP STAR
(Draft Resolution)
Ms A MDA: Deputy Speaker, on behalf of Cope, I move without notice:
That the House –
1) notes the tragic death of four pupils in Soweto last week, which was as a result of a reckless and undesirable race by our own South African hip hop star, Molemo Maarohanye, popularly known as “Jub Jub”;
2) conveys its heartfelt condolences to the families of the deceased and;
3) ensures that measures will be put in place so that the South African public is made aware of our commitment as the Parliament of South Africa to making sure that justice is done and prevails in this matter. The DEPUTY SPEAKER: I think that is a notice of motion and not a motion itself, is it not?
Mr M J ELLIS: Madam Deputy Speaker, we keep coming back to the same old problem. Certainly, the DA was not given a copy of that motion without notice. It is very difficult for us to actually comment now as to whether we support it or not. And I would prefer perhaps for that motion to be withdrawn.
The DEPUTY SPEAKER: There is a practice that motions go to the Chief Whips beforehand. That is why I am asking whether it is a notice of motion that is coming. Is that the case?
Mrs J D KILIAN: Deputy Speaker, I will take it up with the relevant member. Thank you.
The DEPUTY SPEAKER: Hon Kilian, are you withdrawing the motion? Is that what you are saying?
Mrs J D KILIAN: Deputy Speaker, it seems to be a notice of motion, but it should have been circulated before, so we’ll withdraw it for now, yes. Thank you.
VOLKSWAGEN SA AWARDED BIG EXPORT CONTRACT
(Draft Resolution) The CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, I move without notice:
That the House –
1) notes that Volkswagen South Africa has been awarded a R12 billion component export contract, which will boost the South African automotive component manufacturing industry;
2) further notes that the contract is to supply the Volkswagen Group with diesel particulate filters, DPFs, for the next five years and that this is the biggest export contracts for a single part ever awarded to the company;
3) believes that the contract will secure over 100 jobs in the Nelson Mandela Bay region in the Eastern Cape where 80 per cent of the parts would be manufactured; and
(4) welcomes this initiative and believes that it will go a long way in strengthening the automobile and components sector as well as developing local industries and accelerating decent work opportunities.
Agreed to.
TAXI OPERATORS STRIKING IN PROTEST TO BUS RAPID TRANSIT SYSTEM
(Draft Resolution)
Ms H N MAKHUBA: Madam Deputy Speaker, on behalf of the Chief Whip of the IFP, I move without notice:
That the House –
1) notes that since Monday, 15 March 2010, commuters in Gauteng have been left stranded as the minibus-taxi industry went on strike boycotting the expansion of the Bus Rapid Transit System;
2) further notes that taxi operators have threatened violence and have barricaded roads leading from Soweto and railway lines in Soweto with burning tyres;
3) further notes that the back window of a bus was smashed in Eldorado Park and that there were attempts to burn a Rea Vaya bus in Nancefield;
4) condemns any act of violent behaviour; and
(5) calls on taxi operators and the government to work together in order to come up with a solution that will be beneficial to both the taxi operators and the commuters who make use of public transport.
Agreed to.
WORLD TUBERCULOSIS DAY
(Draft Resolution)
Mr N SINGH: Madam Deputy Speaker, on behalf of the IFP, I move without notice:
That the House –
(1) notes that World Tuberculosis Day is observed on 24 March of each year and that its aims are to unite hundreds of medical and volunteer organisations across the globe to raise public awareness on the need for immediate action against the disease, prevention and elimination of this disease;
(2) further notes that tuberculosis remains a serious epidemic in many parts of the world, leading to the deaths of approximately 1,6 million people each year, mostly in the Third World;
(3) recognises that World Tuberculosis Day not only draws attention to tuberculosis as a worldwide pandemic, but also focuses attention on the fact that the disease can be cured if researchers are able to find a cure or a worthwhile antidote;
(4) further notes that South Africa has recently been hard-hit as the infections of TB have almost tripled because of our high HIV rate; and
(5) calls upon South Africans to take responsibility for their health and get themselves tested for tuberculosis as soon as they suspect that they might have been infected with the disease.
Agreed to.
RESIGNATION OF MR RAYMOND ACKERMAN AS CHIEF EXECUTIVE OFFICER OF THE PICK ’N PAY GROUP
(Draft Resolution)
The CHIEF WHIP OF THE OPPOSITION: Madam Deputy Speaker, I move without notice:
That the House –
1) notes that on 31 March 2010 Mr Raymond Ackerman resigned from his
position as chief executive officer of the Pick ’n Pay group in
favour of nonexecutive chairperson Gareth Ackerman;
2) further notes that Mr Ackerman has been a pioneer within the retail
industry and that during the course of his career he has accumulated
an innumerable number of awards for both his philanthropic work
within South Africa and for his work relating to Pick ’n Pay, which
began in 1965 when he purchased four small shops which he, over
time, turned into the largest and most lucrative retail supermarket
chain in South Africa;
3) recognises that during the 20th and 21st centuries Mr Ackerman has
played an extremely influential and essential role in the growth and
stimulation of the South African economy and has assisted in the
social upliftment of communities within South Africa, through the
work of the Ackerman Family Educational Trust and the Raymond
Ackerman Academy of Entrepreneurial Development; and
4) congratulates Mr Ackerman on his distinguished career, extends its
appreciation for his work and wishes him a peaceful and well-
deserved break.
Agreed to.
SA ARMY HONOURS ITS LONG-SERVING MEMBERS
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, I move without notice:
That the House –
1) notes that on Wednesday, 10 March 2010, the South African Army
honoured its long-serving members who spent 10 to 30 years in the
service by awarding them medals as a token of appreciation;
2) further notes that several medals were also awarded to members who
served as ambassadors in the Great Lakes area and also to members
who served in the war-torn DRC and Sudan;
3) recalls that our army played an important role in peacekeeping in
Africa and that their hard work paid off last year when they were
withdrawn from Burundi because peace and stability had returned to
that country;
4) further recalls that in the DRC, the army trained one of their
battalions that has already contributed to the peace in that
country; and
5) welcomes the move to get the army to guard our borders as their
presence there has already contributed to the curbing of illegal
activities.
Agreed to.
TORCH OF PEACE INITIATIVE AND SAFER SCHOOLS CAMPAIGN
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Deputy Speaker, I move without notice:
That the House –
1) notes that on Monday, 8 March 2010, the Torch of Peace was handed
over to the North West education department by the Free State
education department to mark the beginning of the Safer Schools
campaign;
2) further notes that the torch is intended to instil a strong sense
of humanity, preserve lives and avoid violence, crime and accidents
wherever possible;
3) realises that what happens at school reflects what goes on in
society and, therefore, interventions aimed at curbing the scourge
of violence and harassment must start in schools if they are to
have a lasting impact;
4) believes that the Torch of Peace initiative recognises the need to
work together in confronting challenges faced by the youth of
today; and
5) welcomes this initiative and believes that it will contribute to a
safe learning environment and curb violence in schools.
Agreed to.
SITTING HOURS OF THE HOUSE
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Deputy Speaker and hon Deputy President, I move the draft resolution printed in my name on the Order Paper, as follows:
That the House, notwithstanding the hours of sitting provided for in Rule 23(2), on Wednesday, 24 March 2010, sits from 10:30 until adjournment.
Agreed to.
SITTING HOURS OF EXTENDED PUBLIC COMMITTEES
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Deputy Speaker and hon Deputy President, I move the draft resolution printed in my name on the Order Paper, as follows:
That, notwithstanding the hours of sitting of the House as provided for in Rule 23(2), the Extended Public Committees may sit as agreed to by the National Assembly Programme Committee.
Agreed to.
AD HOC COMMITTEE TO CONSIDER AND REPORT ON PROTECTION OF INFORMATION BILL
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Deputy Speaker and hon Deputy President, I move the draft resolution printed in my name on the Order Paper, as follows:
That the House appoints an ad hoc committee to consider and report on
the Protection of Information Bill, the committee to -
1) consist of 17 members as follows: ANC 10; DA 2; Cope 1; IFP 1;
and other parties 3;
(2) perform the functions listed in Rule 201(1)(a) and have all the
powers listed in Rule 138;
(3) confer with the relevant Council committee; and
(4) report by 7 May 2010.
Agreed to.
DEATH OF ANC VETERAN AND ANTI-APARTHEID STRUGGLE STALWART FATIMA MEER
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker and hon Deputy President, I move the draft resolution printed in my name on the Order Paper, as follows:
That the House -
1) notes that ANC veteran and anti-apartheid struggle stalwart Fatima
Meer died on 12 March 2010 at the St Augustine’s Hospital in Durban
at the age of 82;
2) further notes that her political career started in 1944 at the
tender age of 16 when she helped raise £1 000 for famine relief in
Bengal and that she, like thousands of Indians, two years later was
swept up by the 1946 Indian Passive Resistance Campaign, which was
the most dramatic show of militant antigovernment action in South
African history and in 1955 became a founding member of the
Federation of South African Women, the women’s organisation that
organised the famous antipass march on the Union Buildings in
Pretoria in 1956;
(3) recognises that she was a selfless leader, who in 1976 was arrested and detained, together with other women, including Comrade Winnie Madikizela-Mandela, who remained her friend and comrade until the end, and that after Fatima’s release from detention, she was restricted to the Durban area by the apartheid regime, a restriction she contravened in order to advance the struggle for liberation;
(4) further recognises that in 1980 she was one of the vocal Indian revolutionaries who mobilised and fought against the tricameral system of Parliament, because she felt it was a shame for African people to be left out of Parliament any longer and therefore criticised the structural arrangements of Parliament into three houses;
(5) recalls that Fatima was a prolific academic who started to lecture in sociology at the University of Natal where she was the first black woman to be appointed as a lecturer at a white South African university and that she was also a writer, with two of her books being the compelling Trial of Andrew Zondo, the story of an executed ANC guerrilla, and Higher than Hope, an uncritical biography of Nelson Mandela;
(6) acknowledges that the role Fatima and her husband, Dr Ismail, played in cementing the relationship between the National Indian Congress and the African National Congress in the 1940s cannot be underestimated; and
(7) conveys its heartfelt condolences to her family, friends and comrades in the African National Congress and the alliance.
Agreed to.
The DEPUTY SPEAKER: The condolences of the House will be conveyed to the family and to all concerned.
Mr M J ELLIS: Madam Deputy Speaker, I rise because I feel it would appear that the hon Trevor Manuel has been deposed as a Minister as he is looking for a seat in the back benches. I wonder who is going to help him. [Laughter.]
The DEPUTY SPEAKER: Order! I am sure, when we go to break later, that the hon Manuel will tell you why he is standing.
INCREASED SUPPORT FOR ANC SINCE GENERAL ELECTION
(Member’s Statement)
Mr G D SCHNEEMANN (ANC): Madam Deputy Speaker, we as the ANC have succeeded in consolidating and building on our support base since the 2009 general election. Support for the ANC currently stands at 71% of eligible voters.
After the election a sociopolitical trend survey was conducted by Ipsos Markinor as part of the “Pulse of the People” public opinion series, the findings of which confirmed what we have known all along – support for the ANC and for our President is growing tremendously. [Applause.] According to the findings, seven out of 10 South Africans chose the ANC on the ballot paper.
In this survey people were also asked to rate political leaders, including President Jacob Zuma, on a scale from 0 to 10, where 0 means “totally against” and 10 means “totally in favour of”. President Zuma’s rating increased over the past six months from 6,1 out of 10 – which was measured in April 2009 – to 7,6 out of 10. [Applause.] This rating increased not only amongst black people, but also showed a significant increase amongst minority groups. This proves beyond any doubt that the people of South Africa have confidence in the ANC and in President Jacob Zuma’s ability to lead the country. We will support the President in making 2010 a year of action. Together we can do more. I thank you. [Applause.]
The DEPUTY SPEAKER: Hon members, can I ask: When you clap, you are eating into the time of the speaker, and it is only one and a half minutes.
POOR ROAD MAINTENANCE IN EKURHULENI METRO
(Member’s Statement)
Mr M WATERS (DA): Madam Deputy Speaker, the ANC-led Ekurhuleni Metro is lurching from one delivery crisis to another. The metro has acknowledged …
Mr A M MPONTSHANE: Madam Deputy Speaker, I remember you once ruled that members of the gallery should not participate in clapping. Thank you.
The DEPUTY SPEAKER: That is still the case. Members of the gallery are observers, and they do not participate in the proceedings of the day. Thank you. Hon member?
Mr M WATERS: Thank you, Deputy Speaker. The ANC-led Ekurhuleni Metro is lurching from one delivery crisis to another. The metro has acknowledged that there are at least 800 reported potholes in the Kempton Park area alone and that at least R50 million will be needed to repair these potholes. Some potholes are 10 metres wide and 20 centimetres deep. In fact, last week a municipal refuse removal truck fell into a pothole and could not get out, and had to be pulled out by another refuse removal truck.
The consequences of failed ANC policy and cadre deployment are daily occurrences for the drivers and commuters of Ekurhuleni, with drivers having to swerve continuously across roads in order to prevent their vehicles from being damaged.
Unless the ANC-led metro council starts taking drastic and immediate action to repair our roads, we will soon pass the tipping point where the cost of repair becomes unmanageable. This is a direct result of the ANC-led government’s lax attitude towards effecting maintenance. [Interjections.] No, you fix it; you are in power there!
The typical cost of maintaining roads where maintenance is done timeously, is R100 000 per kilometre. If the road is left for three years, the cost rises to R600 000, and if the road is left for a further five years, it will rise to R1,8 million per kilometre. A bad road also costs motorists twice as much in time, safety and operational costs as a good one, not to mention road fatalities.
It is high time the ANC in Ekurhuleni rolled up its sleeves and started delivering. I thank you. [Applause.]
ABUSE OF POWER BY VIP PROTECTION UNIT
(Member’s Statement)
Mr M E GEORGE (Cope): Madam Deputy Speaker, we in Cope call on the Ministers in the security cluster once and for all to stop the abuses of power by the VIP unit. We condemn the latest human rights violations and attempts to suppress media freedom in this country in the strongest possible terms.
A mere three weeks after a UCT student was bullied and detained by the President’s VIP officers, a young reporter from Radio 702, Tshepo Lesole, was manhandled and his photos erased by the same VIP unit. A Mail & Guardian reporter was earlier detained for taking pictures of the President’s house and then the ANC Youth League spokesperson, Floyd Shivambu, threatened to disclose information that could only have been illegally obtained from state sources.
Madam Deputy Speaker, the question is: What happened to our free, democratic society, with media freedom expressly protected by the Constitution? Cope wants to call on those Ministers in the Cabinet who made so many sacrifices during the protracted struggle for the liberation of our country and our people to speak up against these abuses of power. Cope will submit questions on the conduct of the VIP unit to Parliament. [Time expired.] [Applause.]
DA PERPETUATION OF WHITE PRIVILEGE AT ITS RECENT CONFERENCE
(Member’s Statement)
Mr M L FRANSMAN (ANC): Adjunkspeaker, ’n jakkals verander van hare, maar natuurlik nie van snare nie. [Deputy Speaker, a leopard cannot change its spots.]
At its federal congress, the DA probably showed its true colours during the provincial leadership elections. Despite its claims of being true to the policy of “the best man for the job”, or, put differently, “fit for purpose”, in reality its practice demonstrates commitment to the precept of the best white man for the job. This is the level of hypocrisy that the DA subscribes to and hopes to continue to dupe the electorate into believing.
In fact, as we’ve seen more recently in the provincial cabinet of the Western Cape, 6 to 7 out of 11 members are white. But, more recently, the federal council of the DA in the Western Cape - four out of the top five in that executive - still portrays the old non-nonracial agenda.
Therefore we are telling other members and people of this country that we should not move back to the past but, in fact, we should move into the future in creating a nonracial, nonsexist and democratic society. [Applause.]
PROBLEMS AT PRINCE MSHIYENI MEMORIAL HOSPITAL AND KING EDWARD VIII HOSPITAL
(Member’s Statement)
Mrs H S MSWELI (IFP): Madam Deputy Speaker, recent newspaper reports have revealed that some KwaZulu-Natal hospitals are experiencing a range of problems. The disappearance of a baby from the mortuary at Prince Mshiyeni Memorial Hospital is one sad case. The body of Zinhle Shabane’s newborn baby disappeared without trace after there was no one to receive it at the mortuary.
The Mail & Guardian has listed many other problems that cause poor service delivery and compromise the health of patients at the Prince Mshiyeni Memorial Hospital and at the King Edward VIII Hospital.
The Department of Health should acknowledge the fact that a staff shortage is the major cause of these problems. In rural hospitals there is also not enough staff to deal with the backlogs. It is unfair for the department to expect staff working under these abnormal constraints to cope. We believe the problems facing our health centres are structural and that they therefore need the intervention of the Minister and his department. I thank you.
WORLD BANK LOAN FOR SOUTH AFRICA
(Member’s Statement)
Mr L W GREYLING (ID): Madam Deputy Speaker, the ID understands the importance of the World Bank loan for South Africa. We know that we desperately need this money for the completion of the Medupi Power station, the construction of a concentrated solar thermal power plant, and a wind farm. However, what is even more important to the ID is to ensure that there is clean governance in our electricity sector, and that the ANC does not profit from government contracts or have a vested financial interest in a coal-based future.
It is for this reason that last week the ID wrote to the World Bank demanding that it should not give the loan to South Africa unless Chancellor House divests its shares in Hitachi Power Africa. The ID will stop at nothing to ensure that the ANC, through its front company Chancellor House, is not allowed to make billions of rand from our electricity build programme. It is a bitter irony that we have to resort to the World Bank to get the ANC simply to live up to its word when it stated two years ago that it would divest these shares. It has also been farcical to watch some members of the ANC trying to defend the indefensible. This sorry debacle once again points to the need for comprehensive legislation regulating political party funding in South Africa. The ID will now step up its campaign to ensure that this finally happens. I thank you. [Applause.]
TREATMENT OF CHURCHES IN KHAYELITSHA, CAPE TOWN
(Member’s Statement)
Adv Z L MADASA (ANC): Deputy Speaker, the ANC is gravely concerned about the alleged repulsive treatment of churches in Cape Town’s African township by the Cape Town municipality and the Western Cape provincial government. The Cape Town municipality and the Western Cape provincial government have been demolishing church structures, and this is a matter that we witnessed as MPs. They have also been evicting church members from schools and community halls which have served as their temporary places of worship.
This is despite an agreement made just before the elections between the leaders of these churches and the then mayor Madam Helen Zille. This agreement was organised by the Western Cape Case Management Forum, the WCCMF. In terms of this agreement Madam Zille agreed, just before the elections, that the onslaught against the churches would be halted until alternative settlement had been identified.
The ANC is of the view that the city and the provincial government should rather be partnering with the religious communities, particularly black churches, to deal with poverty, crime, drug abuse and HIV and Aids, rather than waging an onslaught against them.
Therefore the ANC, through the Chief Whip of the Majority Party Dr Mathole Motshekga, has submitted a formal request to the SA Human Rights Commission to conduct an investigation into complaints of gross human rights violations conducted by the City of Cape Town. The ANC trusts that the commission will take appropriate corrective measures to bring relief to these communities. I thank you. [Time expired.] [Applause.]
INDUSTRIAL POLICY ACTION PLAN
(Member’s Statement)
Mr M G ORIANI-AMBROSINI (IFP): Mr Speaker, Parliament is engaged in deliberations on the Industrial Policy Action Plan. Most of the industry which appeared at the public hearings, as well as trade unions, called for subsidies, export credits, high tariff import areas, privileged procurement practices, and monopolistic and dominant market positions, in order to maintain their viability and employment levels.
This is the flipside of the announcement that the Chief Whip gave us about the BMW contract. Neither the fiscus nor consumers have sufficient money to pay for all these protectionist measures, which unavoidably result in higher state expenditure and consumer prices.
Our government should rather focus on identifying one or two industries which, through massive and focused state assistance and intervention, can be turned into winners, capable of producing goods and services for the entire world. The global factory is the new dimension of manufacturing in the post-Depression economic environment. These should become the focus of the Department of Economic Development, so as to follow the Taiwanese model of development.
Let us have a rendezvous with history, by readying ourselves to meet biotechnology where it will be in 10 years’ time, rather than a thousand unsustainable subsidies. Let us invest in a Silicon Valley-type biotechnology park, funded by government, to become the catalyst for the incubation and the development of such an industry, with shared government- funded facilities for research and development, laboratories, product commercialisation, and purchasing of foreign technology for domestic investment.
By taking bits and pieces from the Department of Trade and Industry, the Department of Economic Development is adding no value but is creating problems, such as removing Khula Direct from the same administrative functional line to which the National Empowerment Fund, NEF, belongs.
The SPEAKER: Hon members, just for your information: In case more members are curious as to why Minister Manuel is not seated in his usual seat, the Minister recently underwent a back operation, and arrangements are being made for him to sit where he is standing. [Laughter.]
INTEGRATED ENERGY CENTRE IN EASTERN CAPE
(Member’s Statement)
Mrs B TINTO (ANC): Speaker, on 27 February 2010, the Department of Energy, jointly with Sasol, hosted a sod-turning event for the setting up of an integrated energy centre in Qunu, Eastern Cape. The opening of the integrated energy centre gave credence to the ANC-led government’s commitment to ensuring access to affordable and reliable sources and the long-cherished dream of diversifying energy sources towards increased utilisation of alternative energy carriers.
Access to energy sources is critical in ensuring that we eradicate energy poverty, which has dogged our communities. Consistent with the ANC-led government’s stance on achieving social justice, access to diverse energy sources remains paramount in ensuring that we build sustainable communities. In order to ensure increased access to nongrid energy sources in rural communities, partnerships between government and the private sector are the way to go.
The ANC-led government will continue to be resolute in eradicating energy poverty in the rural areas of South Africa, by using the integrated energy centre as a tool for access to affordable energy. We also commend Sasol for its commitment in ensuring access to energy sources in our rural areas. We also call on other companies in the energy sphere to follow suit. I thank you. [Applause.]
CONTRACTORS PAID IN MOPANI DISTRICT MUNICIPALITY FOR WORK NOT DONE
(Member’s Statement)
Mrs D VAN DER WALT (DA): Speaker, the Mopani District Municipality in Limpopo, under the ANC, is in a sorry state of affairs. It has emerged that funds, provided by the Department of Water and Environmental Affairs to sink boreholes in the municipality, were paid to contractors at prices up to 10 times more than the market price.
After an inspection by the department, no boreholes were found to have been sunk. To make matters worse, a contractor was apparently paid R1,8 million for a sewerage booster pump station to improve sewerage pond overflow, but shock and horror: On investigation by the Department of Water and Environmental Affairs, no pond was found. In fact, there is no space for a pond.
The DA is in possession of documentation that shows that an instruction was given to a contractor, BMK Electronics, to perform emergency work at various water treatment works and an acknowledgment by the municipality that the work was completed. The municipal manager, Mr M Maake, disputes having given the instruction to contractors to do this work, but where is the money?
The DA calls on the Auditor-General and the Public Protector to investigate the allegations of money paid to contractors in the Mopani District Municipality for work that has not been completed. The people of Giyani and the surrounding towns in the district of Mopani have a right to receive the service delivery that has been promised to them. There is a very urgent need for accountability from all officials in this municipality. Thank you. [Applause.]
DYSFUNCTIONAL PUBLIC SCHOOLS SUFFER UNDER UNION POLITICS
(Member’s Statement)
Mr L S NGONYAMA (Cope): Speaker, the public education system is at a crossroads. It is failing the poorest of the poor who rely on public education. The upper and middle class can escape public schools and send their children to private schools. The Minister of Basic Education has admitted that 80% of the public schools in the country are dysfunctional.
Cope, therefore, calls on Minister Motshekga to take a firm stance in favour of quality education for all children and against the bullying tactics of the ANC-aligned SA Democratic Teachers’ Union, Sadtu. The Sadtu proposal for a 100% increase in the threshold for participation in the Education Labour Relations Council is clearly aimed at emasculating all other teacher unions. If implemented, it will turn this council into just another arena where the feuding alliance partners will fight it out. This will have devastating consequences for our democracy.
Minister, we call on you to deal with the matter with the urgency it deserves, as it begins to undermine the Constitution of our country. I thank you.
WORLD MATHS DAY
(Member’s Statement) Mr J J SKOSANA (ANC): Hon Speaker, the ANC views World Maths Day as an important day – a day to celebrate international numbers when children try to set a record in answering arithmetic questions. They participate at home and at schools against other students around the world in live games of mental arithmetic.
World Maths Day was launched in March 2007, and uses the Internet to unite school students around the globe and to set a world record by answering more than 10 million mathematics-related questions in 48 hours.
South Africa’s poor scores in international assessments of numeracy prompted the ANC to launch the Foundations for Learning campaign a year ago, with a call to schools to focus on reading, writing and calculating.
This internationally acclaimed competition was hosted this year on 3 March by Johannesburg - a world-class city with an African soul. We were very exited to host this event, especially since this is such a big year for South Africa.
The World Maths Day competition endorses the importance of quality mathematics education. Encouraging learners to enjoy mathematics is vital, and this competition offers a wonderful opportunity to do just that. This is in line with the ANC’s commitment to improving the quality of schooling, particularly performance in mathematics, science, technology and language development. The ANC congratulates our three World Maths Day ambassadors: Romeo M from Pridwin Preparatory School, Daniel H from St Stithians Boys’ Preparatory School, and Lunë S from Midstream College Primary School. They are 11, 12 and 13 … [Time expired.]
FEE INCREASES IN FISHING SECTOR
(Member’s Statement)
Mr G R MORGAN (DA): Speaker, the planned increases, as they stand, for rights, permits and licences in the various fishing sectors are exorbitant and unjustifiable. The gazetted notice published in late January suggested that the already hard-pressed South African consumer would now be burdened by fee increases in the commercial and the recreational fishing sectors that, in some cases, are higher than 400%.
The outrage of fishers against the proposed increases has been considerable. In KwaZulu-Natal alone, DA public representatives collected the signatures of 2 200 fishers who oppose the proposal. In total, 300 000 recreational fishers are affected by these proposals.
After some public consultation, it does seem like sanity will prevail and that government will rethink the proposals. If this is the case, then it is important that the Minister of Water and Environmental Affairs or the Minister of Agriculture, Forestry and Fisheries - whoever takes over the fisheries function on 1 April - says publicly that the gazetted proposals will not be implemented.
While one might argue that some of the fees currently used are too low, the proposed increases in fee prices, as originally presented in January, were not accompanied by any justification and methodology. Whether the January proposal is maintained or a new proposal is tabled, Marine and Coastal Management, MCM, must give the public an explanation of what they hope to achieve by the increase in permit fees.
Most notably, could the public be assured that MCM will fulfil all of its functions to an acceptable standard, and will it improve the ongoing engagement with stakeholders in the spirit of co-management? Marine and Coastal Management must produce a peer review study to publicly set out the full methodology and conclusions which justify any proposed increases. They must produce a proper financial assessment that will stand up to public scrutiny as to the impact the increases will have on job losses and sustainable livelihoods. I thank you. [Applause.]
COMMUNITY POLICE FORUMS
(Member’s Statement)
Ms A VAN WYK (ANC): Hon Speaker, community police forums, CPFs, were established to ensure that there is consistent interaction between the local police station and the community it serves. A CPF is a legitimate forum for the community to raise challenges and to make inputs into the priorities of the station.
Community members can provide valuable information that can lead to the arrest of the people after crimes are committed. Communities can also assist in providing intelligence that can lead to the prevention of crimes. There are many success stories, and where CPFs are functioning well and enjoy a good relationship with the police, crime in the area comes down.
The Minister indicated that he was looking at proper funding for CPFs to further strengthen their work and increase their impact in the fight against crime. In the Western Cape, under the leadership of the longing-for- the-past and anti transformation DA, the premier decided to stop funding community police forums. This is a serious indication of a lack of understanding of the complexities of the fight against crime.
The DA and the premier will have to take responsibility for the negative impact that this decision will have on the progress that the police make in the fight against crime in the Western Cape. As the ANC in the Western Cape, we would like to urge the Minister to intervene in this matter, and to assist all responsible citizens of the Western Cape in stopping this process.
We believe the DA’s decision to start neighbourhood watches in the place of CPFs will lead to problems. No formal framework exists that can regulate the interaction between the police and the neighbourhood watches. The existence of CPFs empowers the people, and the ANC cannot allow the DA in the Western Cape to create an island where our people become second-hand citizens, as with the building of toilets. [Applause.]
The SPEAKER: Order! The PAC has not been able to use its opportunity or slot. Does the ANC wish to take the slot?
MORETELE OFFICE PARK
(Member’s Statement)
Mrs J M MALULEKE (ANC): Hon Speaker, on 1 March 2010, the North West department of public works handed over the Moretele Office Park to various departments to assist Moretele residents, as most of the offices were affected by the cross-border issue.
The people of the Moretele Local Municipality thank the government of the ANC for bringing services to the people as promised. Chief Mathibe and Chief Makapan, who are known supporters of the UCDP, publicly congratulated the ANC government on bringing about these services. As the ANC, we congratulate the Makapanstad United Taxi Association on supporting the government by opening the route for the people of Maubane, Greenside, Potoane, Thulo and Prieska to enable them to also be able to access the services.
The offices were a contract of the Expanded Public Works Programme. Forty- eight people were employed: 38 females and 10 males. These offices are occupied by the department of public works, and by social services, health, education and agriculture, conservation, arts and culture, home affairs, etc.
Despite the many challenges we face as the ANC government, we will always try our best to bring services as close to the people as possible to ensure that the services rendered help to improve the lives of the people, especially the poor. Thank you, Chair. [Applause.]
INDUSTRIAL POLICY ACTION PLAN
(Minister’s Response)
The MINISTER OF TRADE AND INDUSTRY: Speaker, I would like to respond to the question or statement made by the hon Oriani-Ambrosini, and say that whatever may or may not have been presented in the hearings, it is not the intention of the government to deploy vast subsidies to support a myriad of industries across the country - that is not the thrust of the Industrial Policy Action Plan. Rather, our approach is to work with industry and with labour to identify key bottlenecks that we need to overcome in a defined range of industries, taking some account of the complexity in the industrial processes in the country.
One of the main focuses, in fact, is on the thorough transformation of the industrial financing mechanism, precisely so that we don’t have to deploy subsidies on a continuous basis with regard to various industries. The hon member is part of the portfolio committee and we look forward to having an opportunity to engage in a systematic way with the report of the portfolio committee when it emerges.
As far as the remarks he has made about the relationship between our department and that of Economic Development, I think the hon member doesn’t seem to understand that while we have agreed to a series of transfers of functions between our departments, we have actually also done that in the context of the creation of a symbiotic relationship, which is reaching beyond silos, and which I think is setting a new tone of co-operative working together within government. He clearly doesn’t understand that, but I think that there would be some clarity as we engage on the Budget Votes of the different departments. Thank you very much.
WORLD BANK LOAN FOR SOUTH AFRICA
(Minister’s Response)
The MINISTER OF ENERGY: Mr Speaker, I just want to respond to the question or statement made by the hon Greyling on the World Bank loan. I want to say that it is really painful and disappointing to have an hon member of this House indicating publicly that he wrote to the World Bank demanding that they not approve the Eskom loan, primarily because I believe that this high level of unpatriotic behaviour is an indication of the lack of care that we have in parties that are sitting in this House. [Interjections.]
I have never seen this lack of empathy for low-income-level people, our poorest of the poor, who, if we don’t get the World Bank loan, will carry the brunt of the tariff, because we’ll have to make sure that … [Interjections.]
The SPEAKER: Order, hon members! Order!
The MINISTER OF ENERGY: We will have to make sure that we then take money from other services to be able to fund the Eskom programmes. I believe that if we really care about the very people who voted for us to be in this House, we would be able to understand why it is important that we get sponsorships as well as loans for Eskom.
I also want to indicate here that it is important that we understand that the World Bank loan is not just any ordinary loan. It is also intended to make sure that we can have renewable energy, the clean technology we are talking about, so as to make sure that we diversify our energy mix, to ensure that we can desist from an overreliance on fossil fuel.
Regarding the issue that the hon member also raised about Eskom and Hitachi, I think it is important that we understand that Eskom was going to be carrying the responsibility for these contracts irrespective of the configuration of the consortiums that have the contracts to build the Medupi power station. But I also want to indicate that the ANC … [Time expired.] [Applause.]
POOR ROAD MAINTENANCE IN EKURHULENI METRO
COMMUNITY POLICE FORUMS
(Minister’s Response)
The MINISTER OF POLICE: Speaker, there is continual interaction between the media houses represented by the SA National Editors’ Forum, Sanef, and the police so that we clarify what the do’s and don’ts are. Much as there are do’s and don’ts in the journalistic fraternity, so you will find in the police.
I just want to say on the abuse of roads, as the member said, that perhaps it would be good for him to set an example: If one drives a Q7, one must respect the roads and respect the people who are using the roads - from where one comes from to Parliament. That would help a lot. That’s where abuse comes in. [Laughter.] [Applause.]
On the issue of community police forums, I just want to say that we’ll ask everybody and request everyone to ensure that communities are mobilised in the structures in the fight against crime, because if we create a vacuum there, anybody who takes a decision to do that would be liable for any criminal activity which happens in that particular area. I have noted what the member has said. Thank you very much.
POOR ROAD MAINTENANCE IN EKURHULENI METRO
DA PERPETUATION OF WHITE PRIVILEGE AT ITS RECENT CONFERENCE
CONTRACTORS PAID IN MOPANI DISTRICT MUNICIPALITY FOR WORK NOT DONE
(Minister’s Response)
The MINISTER FOR CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS: Speaker, on the issue of potholes, I want to request Mr Waters to stop politicising service delivery, because it is us … [Interjections.]
The SPEAKER: Order, hon members! Let the speaker be heard. The MINISTER FOR CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS: It is us, through the state of local government reports, who identified these challenges and problems.
The reason I say he must stop politicising this issue is because there are so many potholes in the Western Cape, even in the parts of the other municipalities under the DA. [Interjections.] We have the reports, and we are saying it is important that we focus on the issues at hand and stop politicising, because we are pretending that municipalities under the DA are good municipalities.
Let me move to the issue of cadre deployment. In the Cape Town Metro, you have 18 000 workers. One hundred and thirty of them, at a management level, were employed by the ANC. The last batch that is being removed – hounded - is going at the end of this month. [Interjections.] All bright black people are being removed by the DA, because they want to put their people in these positions. What do you call that? That is cadre deployment. [Applause.]
Speaker, I want to conclude …
The SPEAKER: Order, hon members!
The MINISTER FOR CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS: I want to conclude by saying that on the issue of the boreholes in Limpopo, we will be able to follow up on that issue, because the ANC, as an organisation, does not support corruption. We want to uproot it wherever it exists. [Interjections.] [Applause.]
In the past, the hon member came forward with the issues and we did attend to them, but now she is playing politics — she is in the gallery - by raising these issues without following the procedures that we have developed between us and her party. We would like to ask the member to raise the issues with us in future, and we will attend to them as we usually do. Thank you. [Applause.]
DYSFUNCTIONAL PUBLIC SCHOOLS SUFFER UNDER UNION POLITICS
WORLD MATHS DAY
(Minister’s Response)
The MINISTER OF BASIC EDUCATION: Speaker, on the SA Democratic Teachers’ Union’s proposal to increase the threshold to qualify in the labour relations council, the matter is still to be tabled formally. Therefore, it is quite difficult to engage on it, hon member. [Interjections.] It is not sub judice. It is still not formal; it is rumoured elsewhere. Speaker, I think it will be quite useful for members to resist or desist from using our challenges in education as an excuse for any fights or threats that they may have.
I suspect the member from Cope is concerned about the rumoured ambitions of Mr Madisha to form a teachers’ union and this is about to … [Interjections.] But the matter is quite serious. As I was saying to the member, let’s engage on the issue when it arises, because it is quite serious, and then let’s engage when it is formally tabled.
As a department we would like to support the second point, which was raised about the maths day. In fact, all of us here in our constituencies should begin to excite our children around maths and all the gateway subjects. Therefore, we do welcome the statement, and we wish all members would also use this opportunity to excite members through their constituency offices. Thank you. [Applause.]
TREATMENT OF CHURCHES IN KHAYELITSHA, CAPE TOWN
(Minister’s Response)
UMPHATHISWA WEZEMISEBENZI: Somlomo, i-DA ikhangeleka njengengqokelela yabantu abangakwaziyo ukulawula. [Kwahlekwa.] Bayabhatyaza, bayabhutyuza, bachitha iicawa, bachith’ amangcwaba, bakha nezindlu zangasese ezingagqumekanga ezidala ukuba abantu babe kwampengempenge xa besiya ngasese. Linye ke icebo; abantu baseKapa mabakhuphe i-DA esihlalweni. Yeyona nto iza kusinceda leyo. [Kwaqhwatywa.] I-DA ngumbutho wabacinezeli, oonomgogwana noovukayibambe; masiyihlome ihlasele kuphela. [Kwaqhwatywa.] (Translation of isiXhosa paragraph follows.)
[The MINISTER OF LABOUR: Speaker, the DA appears to be a bunch of people who cannot govern. [Laughter.] They are just incoherent and inefficient. They are demolishing churches, desecrating graves, constructing open-air toilets that do not allow for privacy. There is only one solution: The community of Cape Town must remove the DA from government in the Western Cape. That is the only thing which will help us. [Applause.] The DA is a party of oppressors, illegitimate and disorderly leaders. Let’s mobilise and overthrow it. [Applause.]]
ABSENCE OF THE PRESIDENT FROM PROCEEDINGS, AND ALLOCATION OF TIME TO PARTY BRINGING MOTION OF NO CONFIDENCE
The SPEAKER: Hon members, before we proceed with this motion, I would like to refer to a question that was raised during the programming committee meeting this morning regarding the absence of the President in the House today. Members may recall that today the President was initially expected to respond to questions. However, owing to an international commitment, the date for questions to the President was moved, by agreement, to 24 March.
Therefore the President could not be in the House today. In any event, there is no requirement in the Constitution or the Rules for the President to be present when a motion of no confidence in him is being considered by the House. I now wish to invite the hon Dandala to address the House. [Applause.]
Mr M J ELLIS: Mr Speaker, I rise on a point of order: Before the hon Dandala starts, if I may, sir, it would appear from the speakers’ list that Cope has been given a total of four minutes in this debate. Now, there is a long-standing convention in this House, going right back to 1994, which says very clearly, and has always been understood, that the party that proposes a motion will be given extra time. In fact, Mr Speaker, that time has usually been in the region of 10 minutes.
I believe it is a fatal flaw in this debate, and I cannot think of any reason why it should have happened — why Cope has not been given additional time in this debate — other than that the ANC wishes to shut Cope down. [Interjections.]
The SPEAKER: Order, hon members! Hon member, you know as well as I do that the allocation and management of speaking time is the responsibility of the Whips. Whips are indeed employed as such for the smooth functioning of the House. It is not for the Speaker to interfere with the allocation of time. It is the responsibility of the Whips. [Applause.]
Mr M J ELLIS: Mr Speaker, may I address you on that, please, sir? There has always been an agreement between parties. I do know that Cope has asked for additional time in this debate, and has been denied by the ANC. The importance of this is really great, because we are setting a precedent today for when future motions are debated in this House. Is the ANC going to shut down every other party in the future, in the same way they have shut down Cope today?
Mrs J D KILIAN: Thank you, Speaker, for raising the issue that I have also written to you about, as Speaker of the House. I believe it is important for the House to note that we have followed the right route and that is to ask the Chief Whip of the Majority Party for extra time. That was declined. It was said that it would be strictly proportional. Thereafter, I approached your office. You then informed us that it was not the role of the Speaker to grant extra time.
However, we just want to place on record that we have done the appropriate thing, and we cannot but concur with the hon Deputy Chief Whip of the DA that this is a clear attempt to silence us on a very important constitutional matter. Thank you.
Mr M G ORIANI-AMBROSINI: Mr Speaker, I just want to bring to your attention that in terms of the Constitution, you bear the final and sole responsibility of ensuring the conduct of these proceedings. The Whips may carry some delegated responsibilities, but if, in fact, the convention exists in the allocation of time, you bear the final responsibility of enforcing it and applying it correctly with equanimity.
Mr C T FROLICK: Hon Speaker, from the side of the ANC, we want to acknowledge that indeed Cope did approach us for additional time. We gave them our position, and the hon Kilian indicated that they fully understand our position. I thus do not understand the reason why this matter is being dealt with in this way.
The SPEAKER: Hon members, I do not want to entertain any more debate on the matter. We have listened to the concerns expressed, and I would really urge that the Whips deal with the matter, even in future.
MOTION OF NO CONFIDENCE IN THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA
(Draft Resolution)
Rev H M DANDALA: Mr Speaker, Cope feels very strongly that our country has abandoned and wilfully squandered the moral high ground that we, as a country, occupied so proudly after 1994. The President of our country has let us down. He has let Africa and the world down. Our destiny, that looked so promising until a few months ago, now faces a universal erosion of goodwill.
On behalf of Cope, I move the draft resolution printed in my name on the Order Paper as follows:
That the House -
1) has no confidence in the President of the Republic; and
(2) in terms of section 102(2) of the Constitution of the Republic of South Africa, 1996, passes a motion of no confidence in him for his failure to live up to the expectations of a broad spectrum of South Africans.
A few examples demonstrate the flagrant violation of the oath that he took when he occupied this highest office. It is common knowledge that the President has failed this nation by setting a poor example through his repeated risky sexual behaviour, thus weakening the crucial fight against HIV and Aids.
He has failed to exercise any leadership over his Cabinet, some of whom continue to send conflicting messages of what is acceptable, ethical and moral behaviour.
He has failed to act against approximately 2 000 public servants who are alleged to have stolen more than R650 million from the public purse.
Despite having the Ginwala commission’s report available to him, he failed to exercise good judgement and appointed a man of dubious record and poor capability as the National Director of Public Prosecutions.
He has failed to lead on issues of accountability to this Parliament by not declaring his assets and liabilities on time, and only doing so eight months later and under public pressure.
This sad reality, rather than any politicking or having a vengeful vendetta against the President, is why we are bringing this motion before this House. The President swore at his inauguration:
I commit myself to the service of the nation with dedication,
commitment, discipline, integrity, hard work and passion.
Speaker, the President has, by his own wilful conduct and dangerously flawed judgement, lost the confidence of this House and the nation. He should do the honourable thing and resign his office. Thank you. [Applause.]
The MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Mr Speaker, Deputy President, hon members, from the outset, let me restate the historical fact that the real Congress of the People is the ANC. [Applause.] As a majority party, it is, therefore, through the ANC that the people speak of their representation in the executive. At our 52nd conference, at Polokwane in December 2007, delegates overwhelmingly elected Comrade Jacob Zuma as the President of the real Congress of the People, the ANC. We did not, at that time, release any white smoke into the Limpopo University chimneys, because we were very clear in our minds that we had not elected a pope, but a human being who has human strengths and human frailties, like all of us. [Applause.]
On 22 April 2009, 11 650 748 voters – what we consider to be a broad spectrum of South Africans and nearly 70% of the electorate – voted for the real Congress of the People, the ANC, led by President Zuma, to be the government of this great Republic. [Applause.]
One million more people voted for the ANC in 2009 than in 2004, and yet, today, the arrogance of a mere 30 people in this House is trying to tell us that millions of our people were wrong. The collective minds of these millions of our people are convinced that our great movement, the ANC, the real Congress of the People, and its President, are fit and proper to run this great Republic.
This motion goes contrary to the recent findings of the Ipsos Markinor survey of February 2010, which had the following to say:
At the start of 2010, President Zuma is in an enviable position in terms of his public rating. He begins the year with 77% of the population agreeing that he is doing his job fairly well or very well.
[Applause.]
This is the highest rating for a President since May 2006 …
This means that the President of the real Congress of the People, the ANC, at 77%, is more popular than the ANC itself, at 70%.
As the ANC we’ve never wavered from our understanding that each president of the ANC – from Rev John Langalibalele Dube to Jacob Gedleyihlekisa Zuma – would come and go, but each one of them would leave an indelible mark on the character of this great movement, responding to the particular challenges of their tenure and the challenges of the stage of our national democratic revolution.
I am, therefore, very surprised that we are gathered here today to entertain the views of a mere 30 people who are driven by motives other than those of honesty, particularly with regard to democratic majority rule. I venture to say that, had we been alive to the current challenges of our communities, and were it not for the permissiveness of our constitutional democracy – for which we, the real Congress of the People, the ANC, take full credit – such a motion would not have been tabled.
As we deliberate this issue, we are inadvertently being made partners in throwing a lifeline to an entity that is drowning under the inconsistencies of its own power hunger. [Applause.] As I speak, I do not know who of the three – you know who they are – my eyes should be fixed on, because my action may be misunderstood to mean my endorsement of one character, as opposed to the other. [Laughter.] [Applause.]
This is the gravity of their leadership squabble that I’m talking about that characterises Cope. This House is being roped in to being fellow sojourners on a journey of 30 disgruntled members who have not come to terms with the realities of democratic politics in South Africa, of winning and losing.
I rise not because I’m a Member of this Parliament who’s expected to defend the integrity of our President. I rise because many of us are very surprised that the proposers have entered a motion of no confidence in the President, knowing very well that their motion will not see the light of day, but that they will get their cheap publicity all the same. [Applause.]
If we, hon members of this august body, do not rise, this new tendency to grandstand will continue unabated. On two previous occasions we have seen the same group of people using this Parliament for cheap publicity.
Firstly, when they proposed a candidate to contest the Presidency of the Republic, they knew very well that it would be easier to win Powerball and Lotto than the Presidency. [Applause.]
Secondly, when they tried to precipitate a crisis by walking out of this Chamber last month, because they disagreed with the ruling of the Deputy Speaker, they may have got their six cents’ worth of the media spotlight, but the wheels of democracy continue to grind on, thanks to the political parties that stayed behind and fulfilled their mandate which they have been given by our electorate.
The track record of Cope – from Polokwane, to their internal problems, to the current motion – seems to border on anarchy. Cope has displayed characteristics of being a party of failures.
One, Cope failed to launch itself as a party in the hastily organised conference in Bloemfontein on 16 December 2008. Two, Cope cannot create unity even amongst its arbitrarily self-appointed leadership. Three, it deceived the electorate by promising to have a manifesto, but did not even have a policy upon which to base that manifesto. [Applause.] Four, the party deceived the electorate by promising them that they would be the next government, but later changed their tune by claiming they were going to be the next official opposition. [Applause.] Five, they claimed that they would be an effective opposition …
Mrs J D KILIAN: Speaker, I rise on a point of order: The hon Minister, who happens to be the Minister of Justice and Constitutional Development, should well know that we could not have participated in an election without the necessary constitution as an organisation. Secondly, we have registered our name as The Congress of the People, Cope …
The SPEAKER: Hon member, that is not a point of order. Please take your seat. Continue, hon member.
The MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Five, they claimed that they would be an effective opposition, but the deputy leader of Cope is never seen in the corridors of Parliament, and their leadership has become moribund.
South Africans have voted and they have expressed a vote of no confidence in Cope. I say this because this group has, on two occasions since Polokwane, in 2007 and in April 2009, dismally failed to get political recognition through democratic processes and is now using this House to win their vote.
The SPEAKER: Hon Minister, there’s a point of order.
Ms A MDA: Mr Speaker, will the hon Minister take a question?
The SPEAKER: Hon Minister?
The MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: I don’t belong to the youth wing of Cope. [Applause.] I’ve observed that the timing of this motion is not accidental. There are three clear indications that the timing was carefully considered.
Firstly, misled again by some sections of the media that hyped up their earlier existence, Cope labours under the illusion that the ANC-led alliance is about to unravel. This will never happen. Secondly, we have noted that, after trying to postpone the inevitability of an elective conference since 16 December 2008, the youth wing is pushing them for an elective congress. Thirdly, after a long courtship, there’s now a mooted multimatrimonial relationship led by the DA.
Let me highlight a few examples of why we, the real Congress of the People, the ANC, and the majority of South Africans, think that our President is a fit and proper person to lead this country, and that the motion of no confidence is a spurious allegation.
Our President facilitated the end of the Burundian conflict, after taking over as a facilitator from our iconic former President Nelson Mandela, who, in turn, took over from Mwalimu Nyerere.
On 12 December 2009, President Jacob Zuma was awarded the title of Best African President for his role in the liberation of our country and on the African continent at the African Consciousness Media Leadership Awards. [Applause.]
Two weeks ago, Her Majesty the Queen of Great Britain, invited our President on a state visit as one of two world leaders who are invited annually by her. [Interjections.]
The SPEAKER: Order, hon members! Continue, hon Minister.
The MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Except for one racist tabloid indiscretion by one Stephen Robinson of the British Daily Mail, among many media in the UK, this state visit was declared among the most successful state visits ever undertaken by a South African President. [Applause.]
In December last year, at the Copenhagen Climate Change Conference, our President, together with leaders from the United States, China, Brazil and India facilitated the Copenhagen Accord which has now been accepted by the African Union.
As I speak today, 18 March 2010, the President is currently facilitating the Global Political Agreement in Zimbabwe, and on his shoulders rest the hopes and aspirations of all Zimbabweans. [Applause.]
Our government today, under his leadership, has been restructured so that all Ministers are monitored on the basis of outcomes-based performance agreements.
Allow me, as I conclude, to borrow words of wisdom from the Holy Scriptures, and quote Matthew chapter 7:
Do not judge, so that you may not be judged. For with the judgment you make you will be judged, and the measure you give will be the measure you get. Why do you see the speck in your neighbour’s eye but do not notice the log in your own eye? Or how can you say to your neighbour, “Let me take the speck out of your eye,” while the log is in your own eye? You hypocrite, first take the log out of your own eye, and then you will see clearly to take the speck out of your neighbour’s eye.
I’m highlighting this fact so that those who counsel us on the Good Book should know that much more is expected of them.
This motion by Cope has, therefore, the wrong target. It should be a motion of no confidence in the leadership of Cope. [Applause.]
The SPEAKER: Order! Order! Hon members, order! Please take your seats, hon members. Order! Hon member, on what point are you rising?
An HON MEMBER: Speaker, it is a special order because when the Minister …
The SPEAKER: Hon member, please take your seat. You are out of order!
The LEADER OF THE OPPOSITION: Speaker, it is ironic that we have this debate of no confidence less than one year into President Zuma’s term of office. There is obviously clear opposition to this from the ANC. I think, however, you protest too much. When you decided that you had lost confidence in President Mbeki, you had no hesitation in expressing this by recalling him. Hon Radebe, you forgot the millions of voters who voted for him.
This is precisely the danger of having a president who is not directly elected. This is, in fact, to the detriment of our democracy because this fact allows the President either to hide behind the support of his or her party or, in turn, for the party to claim its support for itself and recall the President at a whim.
President Zuma’s actions or lack thereof have damaged the people’s faith in his ability to lead South Africa properly. I know that it is unreasonable to expect any public representative to enjoy the full confidence of the entire citizenry all the time. Such a state of affairs is not possible in the real world and highly unlikely in South Africa. However, it is reasonable to expect that a public representative, and the President in particular, should enjoy the broad support of the public, based on the expectation that he has both the experience and the wisdom to make the right decisions and in turn to articulate a vision and provide the necessary leadership to give life to that vision.
Somlomo, kuba ilizwe lonke belithembele kwezi zinto, ingaba loo nto ayithethi ukuba uMongameli wesizwe akaphumelelanga ukwenza njengoko bekulindelekile kusini na? (Translation of isiXhosa paragraph follows.)
[Speaker, seeing that the whole country was depending on these things, doesn’t this mean that the President of the country has failed to deliver as expected?]
We must not conflate the litany of policy programmes with purpose and direction. Policies are important building blocks of any democracy, but, unless they are held together by a set of coherent principles and values that mirror the kind of society our Constitution envisions, they are undermined from the first principle and work against that objective.
The President has simply made too many poorly considered decisions that compromise good governance. He has also appointed people to key positions as a form of political reward for loyalty to himself and his personal and political travails. These have not always been in the best interests of the government and they do not always represent commitment to excellence.
More pertinently, the President has failed to provide leadership on matters of principle and to provide guidance and direction. The President says he implements the collective decisions of the ANC. Frankly, this is not good enough for South Africa, because the ANC is failing to give guidance to itself, let alone the country.
Leadership is not about appeasing and compromise, for all its virtues can easily be distorted down to a level at which no hard decisions or direction are possible at all. This has often been the effect of the President’s silence and also of his failure to identify what principles are at stake and how best to protect them.
The President’s embracing of the Mbeki era’s policy of silent diplomacy regarding Zimbabwe, which is classical appeasement, is a case in point. The President misled this country into believing that he would adopt a different approach to the octogenarian “President for Life”. He, too, has been seduced by Mugabe’s wily ways.
This is not the worst, though. The fact that he agitates for the lifting of targeted sanctions against Mugabe and his acolytes and tacitly supports the latest harebrained scheme of indigenisation of foreign companies, sends disinvestment shivers down the spines of potential foreign investors who hold the key to economic growth and job creation in South Africa.
This spineless behaviour also places all South African investments in Zimbabwe in jeopardy and begs the question: Whose interests does the President represent — the citizens of both Zimbabwe and South Africa, the South African investments in Zimbabwe, the reputation of SADC, or those of Mugabe and his generals who have violated almost every law and human right conceivable?
This pandering to a decrepit despot is also costing South Africa jobs, as Zimbabweans compete in their millions for scarce job opportunities in South Africa. My prediction is that President Zuma will return from his current visit having achieved nothing or very little with regard to salvaging the Global Political Agreement, GPA, that has been abrogated by Mugabe.
The President has also shown no appetite to deal with his chief cheerleader, Mr Malema, because of his debt of gratitude stemming from Polokwane. I know you will all shout Mr Malema’s praises again today, like you did yesterday in the Human Rights Day debate, but I don’t expect you to do anything else because of the position of your ANC President, who also happens to be the President of South Africa.
Minister Pandor was correct yesterday when she said that all murders are to be condemned, but the regular murder — one every 36 hours — of South African farmers and farmworkers, black and white, is beyond the pale. The incendiary and inciting song that exhorts the killing of “rapist farmers” should not be tolerated. Both Mr Mantashe and especially the President are in dereliction of their duty by condoning this call to arms in our constitutional democracy. Their and Malema’s hands are being stained by the blood of these defenceless victims who look to them to guide and protect them in their own country.
Another issue of major concern that erodes confidence in the President is his personal legal quandary that has been all but expunged by people who appear to have been compliant when they should have held the independent judicial line. The ANC policy of cadre deployment, which the President endorses and applies with alacrity, especially in the realm of the judiciary and the Judicial Service Commission, has no place in our society, let alone in this venerable realm.
The President’s failure to unambiguously take a principled position on the participation by his party’s investment arm, Chancellor Houses’ a partnership with Hitachi, is reprehensible. Apart from the fact that the Deputy President told this House that he was unaware of the deal, the President has not done or said anything about this since being informed thereof. It confirms the adage: There are none as deaf as those who do not want to hear.
Speaking of not wanting to hear, it is becoming abundantly clear that the President and his VIP protection unit, the police, some metro police units and other arms of the security services are adopting a zero-tolerance attitude towards law-abiding citizens and to any form of dissent and other guaranteed human rights.
This is the antithesis of their constitutional role. We do not want to return to a police state. We want to be protected by these services, not bullied, beaten, raped, detained and even murdered, as has recently occurred in Knysna and in other well-documented cases.
Some incidences involving the President himself confirm that this situation is out of control, and this has deepened the loss of confidence in the President. Let me refresh your memories about a few incidents.
Firstly, on 16 March 2010, there was the assault on Eyewitness News photographer Tshepo Lesole by the President’s VIP unit.
Secondly, on l0 Feb 2010, there was the arrest and detention of Chumani Maxwele, a University of Cape Town student on a training run, who was arrested at gunpoint. His hands were tied behind his back, his head was covered with a black bag and he was subjected to arrest without charge. He was insulted and intimidated for 24 hours and his home was ransacked, all for allegedly gesturing at the President. Thirdly, on June 2008 – note when this took place; the President was not president then — a VIP officer on Jacob Zuma’s armed convoy fired three shots at the vehicle of an 84-year-old motorist who was deemed a threat.
Ndiqinisekile ukuba abantu abaninzi abalapha kule Ndlu namhlanje babephila kabuhlungu ngaphambili phantsi kwengcinezelo yamapolisa, kodwa namhlanje siyayamkela ingcinezelo yamapolisa. [I am sure that the majority of the people in this House today unfortunately lived under police brutality before, but today we accept that very same oppression.]
These are but a few of the issues and are coupled with the President’s own personal challenges, not least of all the fact that he rejected the call for wealth audits of senior politicians and public officials even though there exist mechanisms and procedures to declare their interests, and he himself only made such declarations under extreme public pressure, eight and a half months after the deadline.
Die President sê dat hy ’n teenkorrupsiekommissie aangestel het, maar tot nou toe is daar geen strategiese raamwerk vir die kommissie se werksaamhede nie. Ek wonder of dit die oneerbare en vrugtelose uitgawes onder die kabinetslede sal stop. Ek glo nie. (Translation of Afrikaans paragraph follows.)
[The President is saying that he has appointed an anticorruption commission, but up to now there has been no strategic framework within which the commission should operate. I wonder whether this will bring an end to improper and fruitless expenditure by members of the Cabinet. I don’t think so.]
The DA, therefore, supports this motion of no confidence brought by Cope. I am all too well aware that this will, in all likelihood, not lead to the President’s impeachment, owing to the fact that some opposition parties will be swayed either to abstain or to vote against it.
This watershed debate is like the metaphorical ladder in a stocking: It starts as a small hole and ends up running through your divided government. In the words of Lincoln, and I quote: “A house divided against itself cannot stand.” I thank you. [Applause.]
Prince M G BUTHELEZI: Hon Speaker, Your Excellency the Acting President, hon Ministers and hon members, I think we must get this right, in that it is important that the motion of no confidence be debated in this House. The IFP does not support the motion, but we support Cope’s right to bring it because it is an important exercise in democracy. Debates and decisions about the President ought to be made in this House and in this House alone.
It is regrettable that the President has not appreciated the importance of the debate by gracing it with his presence. It is also regrettable that our Rules have not yet been brought into compliance with the Constitution and best parliamentary practices requiring the voting on this motion by secret ballot, as is the case in the election of the President.
Today we assert how the President and his Cabinet serve at the pleasure of the members of this House, who have the ultimate right to fire both, and the duty to do so when necessary. If we fail to use the powers the Constitution gives us to hold the President accountable for his shortcomings, we become equally responsible for them, because the vote of no confidence empowers us all to rectify problems. This debate should be part of such a process.
As I stated in the debate on the state of the nation address, I accepted our President, warts and all, and pledged my personal support to ensure that he does not fail because the country cannot afford it. The times are too dire, the challenges too great and the risks too frighteningly high for us to undermine the Commander-in-Chief at this juncture. But he must perform, and perform soon. [Applause.]
This debate offers the opportunity for us all to qualify our support for the President by defining what we expect of him, failing which a subsequent vote of no confidence may have a different outcome. At this juncture we pledge our support to the President, giving him the benefit of the doubt after only nine months in office. We will tightly monitor his progress, especially in respect of his stewardship in getting us out of the economic crisis and building a competitive new industrial base, while creating employment and addressing crime and corruption.
We want to see firm and immediate action, starting with this nonsense of hate speech which he has allowed in his ranks. The singing of the “Kill the boer” song, or the rapist songs, destroys whatever has been achieved by way of reconciliation. It destroys Madiba’s legacy, which is also our joint legacy. I’m not saying that our history should be swept under the carpet. I think there is a difference between these songs, for instance: Hhayi, usizi lomuntu omnyama e-Afrika. Zonke izizwe zisibeka phansi kwenyawo. [Ihlombe.] [Oh, what a shameful situation a black man finds himself in, here in Africa. All nations are keeping us under their feet.] [Applause.]
As time goes by, we may reassess the situation, although I hope this will be not the case. It could be that the next motion of no confidence may be moved by me, if the President does not live up to the expectations that history has gathered around his person.
This occasion should also prompt us to reflect again on how much better off the Republic would be if the offices of head of state and head of government were to be split into a president who does not get involved in the daily work of the government – who is not in the belly and dust of politics – and a prime minister who governs, as contemplated in a pure parliamentary system. I remember I tried to introduce this, but in fact it was rejected out of hand.
In fact, it is likely that the Presidency will continue to become the lightning rod on which the growing tensions of our society will concentrate as long as the status quo remains, and its undermining will weaken the Republic. A vote of no confidence passed on a prime minister, as head of government, would not weaken the Republic if the president, as head of state, remained unaffected by it. After all, he is our President. But, this dual role of head of state and head of government will continue to make him vulnerable as long as this remains the case. I thank you, Mr Speaker. [Applause.]
Mrs P DE LILLE: Mr Speaker, the ID is not taking this vote of no confidence in the President lightly, because he has been elected as the President of this country in a democratic election. However, he was not elected to do whatever he wants to do with impunity and bring the country into disrepute. The public has been extremely patient, but are also now tired of hearing the regular apologies coming from the President.
Speaker, I want to say to the President in his absence that we will no longer be misled by your smile and your fake apologies. South Africans deserve a President who can uphold the dignity of his office, inspire us and give us hope.
There are many ANC people on this side who agree with this motion in private, but who are more afraid to stand up for the Constitution. I know it. Thank you. [Applause.]
Mr B H HOLOMISA: Mr Speaker, Deputy President and hon members, last year in this House we asked the President about the political connections of companies called Clident 1 and Clident 445 (Pty) Ltd, which had an interest in the sale of Vodacom shares by Telkom. To date, he has not responded.
This year, we asked the President in this House about the massive financial benefit for the ANC from the Eskom-Hitachi deal, which will be partly funded with unpopular tariff hikes and a World Bank loan. Again he failed to respond. Now we are being rushed to agree to a huge World Bank loan for Eskom, just as was the case with the arms deal.
One begins to wonder whether the recent electricity crisis was purposefully staged to create a state of panic, to ensure the approval of this massive Eskom project for the benefit of the ruling party. Meanwhile, the majority of citizens of this country are in a state of hopelessness.
The UDM does not have confidence in the ANC and its leadership in government; it is no better than the Mbeki administration. This looting must come to an end. I’m reminded of the German expression that the troughs haven’t changed, only the pigs feeding from them.
Nikezelani ngale mali niyibuyisele kwiSebe lezeMali kulungiselelwe abantu abahluphekayo. [Kwaqhwatywa.] [Give this money back to the Department of Finance to cater for poor people.][Applause.]]
Dr C P MULDER: Hon Speaker, it is always better in politics to play the ball and not the man. That is not what we have seen today. The hon President is a very loyal party man. All decisions are taken jointly, whether by the national executive committee, the NEC, the national working committee, the NWC, or the top six. However, it was Mr Zuma who was elected by this House to become President. He is the President of the Republic and nobody else, and that places on him a number of serious responsibilities.
Section 83(b) of the Constitution instructs the President, as the President in his own right, to uphold, defend, and respect the Constitution. The President must do so and not the NEC or the top six in the ANC; he must do so.
This dictates that the President, regardless of party loyalties, should defend the nation and the Constitution under all circumstances. That is his responsibility. He should set the example and should be the first, for example, to reprimand Mr Malema in public for incitement to violence and advocacy of hatred. But he remained silent, and that was a mistake. Did the ANC not say, “Together, we can do more”? Yes. Who? The ANC only, or all South Africans? But, they allow Mr Malema to incite hatred and violence.
The FF Plus will support this motion of no confidence. However, the important point of today’s debate is not the fact that this motion will be defeated by the majority — that’s why you are the majority – but the fact that today’s debate, this motion of no confidence, was brought by Cope and not the DA.
That is the real importance of today’s debate, because we must understand in our politics that if a motion like this is ever to succeed in South Africa in future, it will be brought by a party like Cope, representing the majority at that stage, and not by the DA, with its progressive core. That is the reality of South Africa. Thank you, Chairperson. [Applause.]
The MINISTER OF DEFENCE AND MILITARY VETERANS: Mr Speaker, I’ve grown up to respect the hon Mangosuthu Buthelezi, but I stand here to disagree totally with the proposition he put forward here, and I will tell you why.
The vote of no confidence in President Zuma as proposed by Cope is fatally flawed. The claim that the President has failed to live up to the expectations of a broad spectrum of our society is nothing more than a desperate grab at publicity by a bunch of media-hyped people. It provides no specificity on what these expectations are.
Mrs J D KILIAN: Mr Speaker, on a point of order: I believe it is improper parliamentary language to refer to the Members of Parliament of Cope as a bunch of desperate people. Will the Minister please withdraw that statement immediately?
The SPEAKER: Hon Minister, please withdraw.
The MINISTER OF DEFENCE AND MILITARY VETERANS: … by a group of people who have been hyped up by the media. [Interjections.]
The SPEAKER: Order, hon members! Order! Hon Minister, withdraw and continue with the debate.
The MINISTER OF DEFENCE AND MILITARY VETERANS: Speaker, I withdraw “bunch” and “people hyped up by the media”. I emphasise that I withdraw nothing more.
The vote of no confidence provides no specificity on this expectation. Neither does it provide any evidence of the purported claims. Hon members, for us to debate what it is that we are …
The SPEAKER: What point are you rising on, hon member? Mr A M MPONTSHANE: Mr Speaker, I am trying to look at Rule 69. Can we read it?
The SPEAKER: I will rule on that point after I have looked at the Hansard.
Mr A M MPONTSHANE: Mr Speaker, could I ask a question?
The SPEAKER: Minister, are you willing to take a question?
The MINISTER OF DEFENCE AND MILITARY VETERANS: Mr Speaker, with respect, I would rather that the Minister and I …
Prince M G BUTHELEZI: Ngenzeni kuwe, Xhamela? [What did I do to you, Xhamela?] [Laughter.]
The MINISTER OF DEFENCE AND MILITARY VETERANS: Nothing! [Laughter.]
The SPEAKER: Order, hon members! Order! Hon Shenge, after this session I am going to act as a mediator. [Laughter.] Please continue, hon Minister.
The MINISTER OF DEFENCE AND MILITARY VETERANS: My father, Shenge, I will tell you why we disagree. This is a frivolous motion, and it is an outright waste of our time. It begs the question: Why are we even debating this? Why do we come here and even put it on the Order Paper? Importantly, how do we as Parliament deal with such frivolity in future?
I need to re-emphasise the point that the hon Mulder was trying to make here: The basis of this motion is section 102(2) of the Constitution, which requires, as hon Minister Jeff Radebe has indicated, that the majority of this House sitting here must pass this particular motion.
Therefore, for this motion to pass, we need 50% plus one. It should be very obvious to anyone, especially to the hon Mulder – who is numerically literate – that for this motion to pass it must get the support of the ANC. Nothing outside the ANC will get the 50% that you need, because, as we sit here, the ANC is the majority party with 65,9% of the seats in this House. How could Cope ever have imagined that they could carry this on 7,4%?
For those of us who are numerically challenged, it is important to note that, at this point in our debate, the Cope motion can only, at best, be supported by 25%, even if they were to combine all those members whom they have lobbied. [Interjections.]
Hon De Lille, you can postulate outside. There is not a single member of the ANC who would have supported this nonsense of a motion. [Interjections.] [Applause.]
The SPEAKER: Order! Order!
The MINISTER OF DEFENCE AND MILITARY VETERANS: I dare you to stand up and say that! There isn’t a single one! [Interjections.]
The SPEAKER: Order, hon members! Order! Order!
An HON MEMBER: Mr Speaker …
The SPEAKER: Please take your seat, hon member. Those in the gallery are invited only to observe, not to participate. [Laughter.] Please continue, hon Minister.
The MINISTER OF DEFENCE AND MILITARY VETERANS: Mr Speaker, to protect themselves from such frivolity, most democracies require a threshold against which support can be measured. There ought to be a threshold, not only of support, but of substance, for a motion of this nature to even find its way into a debate. This is the kind of stupidity we should not accept.
We verified with Parliament’s Rules and confirmed that the word “stupidity” is parliamentary. Albert Einstein once said …
Mrs J D KILIAN: Speaker, I rise on a point of order: Could you please make a ruling on the word “stupidity” because, firstly, this also refers to the ANC Whippery who agreed to the debating of this motion. Secondly, perhaps we could introduce the hon Minister of Defence and Military Veterans to the Constitution, which gives us the right to debate a motion of no confidence.
The SPEAKER: Hon member, you are making a speech now. I am told that the remark was not addressed to a specific individual.
The MINISTER OF DEFENCE AND MILITARY VETERANS: Speaker, I did check: It is not unparliamentary. Albert Einstein once said:
The definition of stupidity is doing the same thing over and over and hoping for different results.
Cope continues with its hopeless pursuit of President Zuma, with disastrous consequences; first in Polokwane, then in the national general elections, and now they are going to be defeated disastrously here.
By entertaining frivolous motions of this nature, this House may well have elevated ridiculous political immaturity to an undeserved status. I contend that we carry an absolute majority mandate in this House, and again want to emphasise that this motion would have needed the support of some members of the ANC, which would not have happened. [Interjections.]
Speaker, I have had occasion to scrutinise the Rules of Parliament, and have consulted, and this has been confirmed by my father here, the hon Mangosuthu Buthelezi. We in the ANC would like to have a review of the Rules of Parliament, because this matter is not regulated in the Rules of Parliament.
Specifically, there should be an onus on any party proposing such a motion to show that it has a reasonable opportunity to carry through the constitutional provision of a majority. This should also ensure that there is no abuse of the Constitution for purposes other than what it was intended for, especially by the same people who always grandstand and stand up there as protectors of the Constitution. We must stop this abuse.
Calling for a motion of no confidence in a President is a serious matter. It is not something to be taken lightly. This constitutional provision is intended to allow Parliament to use this provision should the President fail on matters that he is constitutionally bound by. These matters are very clearly spelt out in sections 83 and 84. Read the Constitution. [Interjections.]
The allegations that are raised here about Zimbabwe and about Malema are not remotely connected to the Constitution. What is there about constitutional failure that you want to bring to our attention about President Mugabe? What is there about constitutional failure that you want to bring to our attention about Malema? Why should we be sitting here or standing here discussing Malema?
The opposition parties’ latest publicity stunt comes as no surprise. As the Minister of Justice and Constitutional Development has indicated, it comes at a time when the leadership of Cope has been accused of ineptitude, which all of us can see. It has to resort to theatrics to respond to accusations that it is being upstaged by the DA. And it continues to allow the DA to upstage it. They want to use Parliament to address their leadership squabbles. We should not allow this.
To Cope, I wish to say: Play the game, not the man. This is what has flawed your politics for so long. You have been playing the man and it has completely blinded your vision. You are obsessed with President Zuma. Get off it! [Applause.]
I was disappointed that the hon president of the IFP did not stick to the submission that he made to us at the state of the nation address. I want to repeat, purely for emphasis, what he said:
I respect President Zuma, warts and all, because behind him, rightly or wrongly, is the will of the democratic mandate of 66% of the South African people.
Hon Buthelezi, I wanted you to repeat this. You said that you could not hinder or oppose, without opposing the people of South Africa. “I cannot afford to see the President or his government fail”, you said to us. “If they fail, my own country fails. If the President fails or the government fails, I will not applaud or rejoice, but weep. For, if they fail, our liberation fails.”
That’s what you said and that’s what I respect you for. [Applause.]
The SPEAKER: On what point are you rising, hon Shenge?
Prince M G BUTHELEZI: Speaker, I just want to find out from the hon Minister whether, in fact, she is deaf, because I actually said those things today. Everyone heard me say them. Is she deaf? [Laughter.]
The SPEAKER: Order! Continue, hon Minister.
The MINISTER OF DEFENCE AND MILITARY VETERANS: That is exactly what I am emphasising on your behalf, Shenge, because I heard you loudly and clearly, especially that, if the government fails, then our liberation fails.
In an act of desperation and consumed by a vengeful spirit, the Cope leadership has tried to exploit the President’s willingness to accept where he might have erred. The President is not beyond criticism and he is the first to say so, and where he believes he has failed us, he is the first to acknowledge it. Mbhazima, are you listening? He is the first one to acknowledge this. [Interjections.] [Laughter.]
Mr M S SHILOWA: Hon member … Mr Speaker …
The MINISTER OF DEFENCE AND MILITARY VETERANS: Hon Mbhazima Shilowa. [Laughter.]
The SPEAKER: Hon Minister, we don’t address hon members by name.
The MINISTER OF DEFENCE AND MILITARY VETERANS: Speaker, I had just hoped that perhaps the word “acknowledge” might ring a bell with him.
Where President Zuma believes he has failed us, he is the first to acknowledge it and apologise. We, who constitute 66% of this House, have forgiven him. Here is a bitter pill for all of you to swallow: The Minister of Justice and Constitutional Development has said — using the April 2009 election as a starting point — the TNS survey showed that President Zuma’s approval rating rose from 40% at the beginning of 2009, to 52% at the time of the election, and increased to 58% in November of the same year. The TNS survey was led to argue that “… it is clear that many ordinary citizens separate their approval of President Zuma from his private life”. We are also pleased that the latest report from the Bureau of Economic Research, which was published only last week, found that business confidence had risen by 15% to 43% in the current quarter. This represents the single biggest increase in 16 years. [Applause.] Eat your heart out and tell us what you are griping about today.
What galls us is the sheer hypocrisy of the President’s detractors. To Cope I wish to say: You are a bunch of sore losers, sour at democracy. Turn your attention to yourselves. [Interjections.]
Mrs J D KILIAN: Mr Speaker, I would like to ask you to again ask the hon Minister to withdraw the reference to “bunch”. Thank you.
The MINISTER OF DEFENCE AND MILITARY VETERANS: Mr Speaker, I was talking about sour, and perhaps “bunch” does not arise there. But, sour losers, sour at democracy. Turn your attention to yourselves.
An HON MEMBER: Mr Speaker …
The SPEAKER: Hon Minister …
The MINISTER OF DEFENCE AND MILITARY VETERANS: I withdraw the bunch of grapes, but sour nonetheless. [Applause.]
Check with your erstwhile friend the hon De Lille how her media-hyped support very quickly dwindled to 0,9%. It is in the nature of politics that the media can make you out to be more than what you are. Even when she is busy drumming up support for her coalition of the disgruntled, she will tell you how damaging it is to lose a deputy president of an organisation, such as you have lost, and we gained her. Lynda Odendaal has seen the light, not only because she discovered … [Interjections.]
The SPEAKER: Order, hon members!
The MINISTER OF DEFENCE AND MILITARY VETERANS: … what we have always told everybody is that Cope is made up of permanently angry individuals who lost a democratic contest; also, importantly, that we in the ANC are the only people who can rise to the challenges of the nation. We stand here ready to defend the hard-won freedoms of our democracy. The hypocrisy is so sickening. Which one of these hon members sitting here in their individual glass houses can throw a stone?
Hon Dandala, would it be you? [Laughter.] Never! Hon Shilowa, would it be you? [Interjections.] Never! Any of you in Cope? Should I go on and name you? No!
Hon Dandala, for what it is worth, get out of Cope while you can. [Interjections.] [Applause.] It is a destructive energy over positions, legitimised under your bishop’s cloth. Get out and go and serve the church and … [Interjections.] [Applause.] The SPEAKER: Order! Order! Order! I would also like to remind people in the gallery that they are our guests here; they should not participate.
An HON MEMBER: Speaker, this is a people’s Parliament.
The SPEAKER: Continue, hon member.
The MINISTER OF DEFENCE AND MILITARY VETERANS: Speaker, while we are at it, I propose that we throw this motion out. Hon Dandala can take it out with him as he leaves. I thank you. [Applause.]
Rev K R J MESHOE: Hon Speaker, the ACDP is disappointed that the ANC has decided to stifle debate on a very important motion by giving us only one minute to tell the nation whether we support the motion before us or not.
The President has made our nation the laughing stock of the world by his carelessness and repeated moral failures. He has undermined his own government’s safe-sex message by having unprotected sex with his mistresses.
Firstly, on behalf of the ACDP, I have advised the President to seek counselling and sex addiction therapy, as was recommended to Tiger Woods, who also had a similar problem of sleeping around. Since the President has rejected our advice, we have, therefore, decided to support this motion of no confidence today.
Secondly, corruption seems to be getting out of hand under his leadership. Tender processes are undermined, thus benefiting a few connected individuals while the poor are getting poorer. Under his government leadership, state expenditure has increased substantially. In addition, taxpayers will have to pay more than R15 million to maintain his three wives.
Lastly, he has failed to show overall leadership in times of crisis and violent protests caused by poor service delivery. Thank you. [Applause.]
Moh M N MATLADI: Motlotlegi Mmusakgotla, re le lekoko la UCDP re na le dintlha tse di latelang mo ntlheng e ya tshisinyo kgatlhanong le Moporesitente Zuma; UCDP e dumela mo go rateng motho, mo go tlotleng motho, go mo direla, go mo rerisa le go mo itshokela. (Translation of Setswana paragraph follows.)
[Mrs M N MATLADI: Hon Speaker, as the UCDP we have the following points to make regarding the motion against President Zuma: The UCDP believes in loving a person, respecting him, working for him, informing and being patient with him.]
In the Bible, we have references to leaders who have erred like the hon President — people like Abraham, King David, King Solomon, and others. God had His own way of dealing with their behaviour.
We believe that this matter is too personal, that it has to be dealt with in the political party to which the hon President belongs, since the South African electoral system is not a constituency—based one, but one based on proportional representation of parties. We say that for the other matters of delivery that the hon members of the opposition have referred to, let us give the hon President some extension of time, lest we evaluate him too soon.
Ra re monyadiwa ga a bolawe. [We cannot expect a person to be perfect in everything.]
I thank you. [Applause.]
Mr R B BHOOLA: Mr Speaker, Mahatma Gandhi once said that true leaders are those who add value to society, and a country which does not invest in its youth does not have a future.
The President must forget about fanfare. The country is concerned about ethics and values, and leaders have to set an exemplary example for the youth to emulate. If not, we will deliver embarrassing products like Julius Malema with his absurd slogans.
Everything has limitations. Human rights provisions have limitations, and even traditions have limitations. We are judged. Independent analysts are questioning our leadership of our country. When it comes to families, there must be norms, for example the king’s expenses. The MF proposes that the policy be reviewed.
However, the MF will indeed abstain, and rather calls upon the President and the ANC to have a special lekgotla at which they search their inner soul and cleanse themselves and come back new and fresh. All those who are working under the President have failed him.
Let us march forward today with courage, conviction and determination, and instil the correct goals and morals in our youth so that they will be responsible, respectful and dignified adults.
Mr N T GODI: Mr Speaker, it appears that the politics of personalised invectives that we have witnessed in the media have finally set foot in Parliament. The APC believes that our politics must be steered away from the froth and bubble to focus on the issues that affect the majority of our people.
The APC believes that the people expect us to be absorbed by a search for solutions to daily material concerns like unemployment, inequality, timeous and qualitative service delivery, and the fight against corruption and fraud in both the public and private sectors. The APC does not believe that it is objective to call for a no-confidence vote in a government that is less than a year into its five-year term. We believe that what should rather be occupying us as the National Assembly is how to strengthen and deepen oversight over the executive in, firstly, the fight against corruption, and wasteful and fruitless expenditure in government, as emphasised by both the President and the Minister of Finance; secondly, the proposed new economic growth trajectory that is premised on job creation, as proposed by Ministers Davies and Patel; and, lastly, the campaign for clean audits and service delivery by municipalities, better health care, quality education, and faster land reform.
The APC calls on all parties to show leadership and responsibility by being sincere, patriotic and mature, and to act with integrity. We call on the National Assembly to strengthen oversight and give greater support and more powers to its oversight committees, especially those that deal with the management and utilisation of public funds like the Portfolio Committee on Finance, the Standing Committee on Appropriations, and the Standing Committee on Public Accounts.
It must always be about the people and never about narrow partisan interests. The APC does not support the original motion for a vote of no confidence in the President of the Republic.
Mr N A RAMATLHODI: Hon Speaker, hon Deputy President, I move the following amendment to the motion before the House: To omit all the words after “That” and to substitute: “The House has full confidence in the President of the Republic of South African and appreciates his leadership of the government and nation.”
I stand here, in front of the country and the world to speak to the suitability of the President of the Republic of South Africa to continue to hold high the office of President. As the House is aware, this sad episode is occasioned by the unfortunate and adventurous tabling of the so-called motion of no confidence in our President.
This being a party-based system of government, a motion of no confidence in the President becomes a motion of no confidence in the ANC. Those who seek to displace an elephant must be prepared to climb a mountain, and be good mountaineers at that. We reserve the right to self-defence and we are now called upon to exercise that right. We are exercising that right in defence of our revolution and in defence of our future as a people.
Accordingly, we are tabling a motion of confidence in the President of the Republic. In doing so, I wish to remind the country who Jacob Gedleyihlekisa Zuma is. In the President we have a peasant boy who joined the army of the working people at a tender age. This background has shaped and formed his social and political consciousness. That is why he continues to be biased in favour of the rural and urban poor and the working class.
This bias is reflected in the structure and programmes of the government that he leads with unassailable distinction. He is the son of the black people of South Africa. He is a warrior prince born of the proud Zulu people who distinguished themselves as true patriots throughout the torturous period of the wars of resistance, which ended with the defeat of Chief Bhambhatha in the Inkandhla forests in 1902. His participation in the national liberation struggle is borne of the direct experience of being an African in apartheid South Africa. As a freedom fighter, he is generally acknowledged as one of the most dedicated, fearless and exemplary soldiers and leaders of the people’s army uMkhonto weSizwe.
In this regard, he worked in the underground, was captured and served 10 years on Robben Island. On his release he went into exile and there rose through the ranks to head the ANC Mbhokodo and become a member of the national executive committee. It was in this capacity that he became the first member of the NEC to legally enter South Africa in order to prepare for formal negotiations.
He is a proud Zulu man who fiercely defends his culture and way of life. His elevation to high office has not alienated him from his way of life, and he is an active participant in the village activities of the people of Inkandhla whenever time permits. He observes and practises traditional rituals together with his people, and he is not ashamed of who he is. [Applause.] He refuses to be judged according to the standards of non- Africans, who continue to insist that theirs is the only acceptable culture, even 15 years after our liberation. [Applause.]
History will remember our President as a dedicated and highly successful peacemaker. In exile, he was part of the team that initiated contact between the ANC in exile and the apartheid regime. In the 1990s, as chairperson of the ANC in KwaZulu-Natal and working together with Prince Mangosuthu Buthelezi, he established peace in KwaZulu-Natal and gave South Africa the rare gift of peace. We are most grateful for this.
As the Deputy President of the Republic he led negotiations that gave Burundi its own peace. He continues with the mission to restore and consolidate peace on the continent and in the world in general. President Zuma is a great reconciler. He has introduced a new style of governance which does not criminalise opposition, but rather seeks to find common national interests that bind us together as a nation. [Applause.]
In this regard, he has opened dialogue with leaders of South Africa in all spheres: political, economic, cultural and everywhere else. He is not grievance-driven and that makes him a great forgiver. [Applause.] Anyone else in his place would have gone after those who have persecuted him in recent times, using state organs to fight political fights. He has not done so.
All these attributes and many more are found in abundance in our great movement, the ANC; a movement that seeks to build a humane and caring society that recognises and accords human dignity to all, without regard to race, class, colour and gender; a movement that has been at the forefront of the struggle to create a better life for all; a movement that continues to promote reconciliation based on political and social justice, sometimes even in the face of insolent provocation by defenders at the grave of apartheid and their lackeys and fellow travellers.
As this movement, we unashamedly champion the interests of victims of apartheid, that is black people in general and Africans in particular. We are not apologetic in this regard, and we are ready to fall on our swords in defence of this principle. We are determined to build a new South Africa that is founded on solid foundations of social justice and political, economic and cultural equality. We have forgiven those who enslaved us over centuries. We now insist on being treated as equals. On this, we shall give no quarter, there shall be no retreat. [Applause.]
We expect no mercy or favours, as we never have done over all those centuries, from our detractors. There is no easy walk to freedom, Mdala said. Many gave up and many betrayed us, as we unflinchingly and relentlessly pursued the struggle for freedom. We are not about to give up now. There have been moments when anti-people deviants have found themselves at the helm of our great movement. Whenever they got caught, we either expelled them or they walked out.
Many of those who walked away soon discovered the grim truth of the loneliness of the wilderness. It is bitterly cold out there, as they endured a solitary existence akin to that of the prodigal son. Let me repeat: It is bitterly cold out there, as they endured a solitary existence akin to that of the prodigal son.
In recent years we confronted this phenomenon, which sought to own the ANC as the personal property of a tiny clique, failing which it was determined to destroy the ANC from within. Happily the people recaptured their movement in Polokwane. There was a tendency to conduct public affairs and political discourse with unprecedented arrogance. There were no boundaries or restraint. Those who tried to offer wise counsel would be rebuffed with the might of Samson. Not only would their advice be rejected, they would be subjected to mob lynching. Our own icon, President Nelson Mandela, was not spared the wrath of this tendency that was running amok.
Those who supported this tendency embarked on a determined struggle to stop the then Deputy President Zuma from becoming the next leader of the ANC and the country. Elaborate plans were put in place to retain the ANC as a personal fiefdom of those who supported this tendency. They wanted to impose their chosen leader upon us in order to consolidate their anti- people agenda.
Zuma became an obstacle that stood firm between this greed-driven insanity and the restoration of our movement to its members. He had to be stopped at all costs. His persecutors were unrelenting, even in the face of provoking a possible civil war. In those bleak and dark days, I was among those who defiantly sang the song: Basithatha phi isibindi esingaka sokuthatha iANC bayenze eyabo. [Kwaqhwatywa.] [Where do they get so much courage to make the ANC their own?][Applause.]
We went to Polokwane and the people spoke and elected President Zuma. The supports to the tendency were shell — shocked and confused. As the reality of defeat began to sink in, shock turned into fierce fury against the tendency itself and against the ANC, our beloved movement. At last and finally, the tendency had fallen from the high horse of folly and the house of cards began to collapse into a heap of broken illusions and shattered ambitions. The boasting came to an abrupt halt. Some of the leaders of the tendency walked out with the sole aim of destroying and defeating the ANC, regardless of the political cost to the majority of our people whose hopes and dreams remained firmly behind the movement. They formed an organisation and arrogantly called it the Congress of the People, in a way to spite the real Congress.
We went into the elections under the leadership of President Zuma. The ANC won with an overwhelming majority and the world did not collapse. In fact, the sun still rose and it continues to do so today. The prophets of doom have been silenced, but they are bitter and consumed by an incomprehensible hatred of the person of the President of the Republic. [Time expired.] [Applause.]
Rev H M DANDALA: Hon Speaker, let me start by thanking you for affording this House an opportunity to debate this motion. We would like to say, Speaker, that it is important for us to accept in a democracy, even if people are in the minority, that they have the right to make their case and for that to be debated by the nation. [Applause.]
Secondly, we would like to say that it is important that whatever else we do, we do not lower the bar against which the members who are serving in the public should be held to account. In spite of our weaknesses and everything else, we have to uphold the need for a high level of morality in nation-building.
The SPEAKER: Order, hon members! Allow the speaker to be heard.
Rev H M DANDALA: Finally, I urge the members of this House that because we are now going to vote people must be guided by their consciences, beyond party loyalty. It is unfortunate that this is not going to be by secret ballot, because people will look at how others vote, but we have confidence that the South Africans out there are going to prove that the motion that Cope brought here is valid and legitimate. Thank you. [Applause.]
Debate concluded.
The SPEAKER: Hon members, we have before us the motion by Rev Dandala upon which an amendment has been moved. I will first put the amendment moved by Adv N A Ramatlhodi, namely: To omit all the words after “That” and to substitute: “The House has full confidence in the President of the Republic of South Africa and appreciates his leadership of the government and nation.”
Are there any objections to the amendment?
Mr M S SHILOWA: Hon Speaker, may I address you on a point of order, please?
The SPEAKER: Yes, go right ahead. Hon members, order! You have the floor and my protection, hon member.
Mr M S SHILOWA: I rise on a point of order: The motion before the House was brought in terms of section 102(2) of the Constitution, which is a constitutional provision. The Rules of the House and therefore the presiding officer, in my view, can never and should never override a constitutional provision. We therefore submit, as Cope, that you cannot use Rule 96(c) to allow the proposed amendment, because to do so simply means we are going to use Rules to trample the Constitution. The Rules are supposed to enhance the implementation of the Constitution and never to subvert the Constitution. Thank you. [Applause.]
The SPEAKER: The Rules do not necessarily exclude an amendment being moved to a motion. Indeed, in terms of the Rules, a notice is dispensed with when an amendment to a motion is moved. In addition, the Rules provide that the presiding officer may allow an amendment. In taking such a decision, the presiding officer would have regard to the practice as it obtains here and in similar parliaments. I have indeed applied my mind to this issue and I’m convinced that such an amendment is permissible and in line with Rule 96(c). [Applause.]
Question put: That the amendment moved by Mr N A Ramatlhodi be agreed to.
Division demanded.
The House divided.
AYES - 235: Abram, S; Adams, P E; Ainslie, A R; Baloyi, M R; Bam-Mugwanya, V; Bapela, K O; Bhengu, N R; Bhengu, P; Bikani, F C; Bogopane-Zulu, H I; Bonhomme, T J; Booi, M S; Borman, G M; Boshigo, D F; Botha, Y R; Burgess, C V; Chabane, O C; Chauke, H P; Chikunga, L S; Chiloane, T D; Chohan, F I; Coleman, E M; Cronin, J P; Cwele, S C; Dambuza, B N; Davies, R H; De Lange, J H; Ditshetelo, I C; Dlakudla, D E; Dlamini-Zuma, N C; Dlulane, B N; Doidge, G Q M; Dubazana, Z S; Dube, M C; Duma, N M; Dunjwa, M L; Ebrahim, E I; Farisani, T S; Fransman, M L; Frolick, C T; Fubbs, J L; Gasebonwe, T M A; Gcwabaza, N E; Gelderblom, J P; Gigaba, K M N; Gina, N; Godi, N T; Godongwana, E; Gololo, C L; Gona, M F; Goqwana, M B; Gumede, D M; Gungubele, M; Gxowa, N B; Hajaig, F; Hanekom, D A; Hogan, B A; Holomisa, S P; Huang, S-B; Jacobus, L; Jeffery, J H; Joemat-Pettersson, T M; Johnson, M; Kekane, C D; Kenye, T E; Kholwane, S E; Khumalo, F E; Komphela, B M; Kota-Fredericks, Z A; Landers, L T; Lekgetho, G; Line, H; Lishivha, T E; Luthuli, A N; Luyenge, Z; Maake, J J; Mabasa, X; Mabedla, N R; Mabuza, M C; Madasa, Z L; Madlala, N M; Mafolo, M V; Magagula, V V; Magama, H T; Magau, K R; Magazi, M N; Magwanishe, G; Mahlangu-Nkabinde, G L; Makasi, X C; Makhubela-Mashele, L S; Makhubele, Z S; Makwetla, S P; Malale, M I; Malgas, H H; Maluleka, H P; Maluleke, J M; Manamela, K B; Manana, M C; Manganye, J; Mangena, M S; Manuel, T A; Mapisa-Nqakula, N N; Martins, B A D; Mashatile, P; Mashigo, R J; Mashishi, A C; Masutha, T M; Mataboge, D K; Mathebe, D H; Mathebe, P M; Mathibela, N F; Matladi, M N ; Matlanyane, H F; Matshoba, J M; Maunye, M M; Mavunda, D W; Mayende-Sibiya, N A; Maziya, A M; Mbalula, F A; Mbili, M E; Mdaka, M N; Mdakane, M R; Mdladlana, M M S; Mfeketo, N C; Mgabadeli, H C; Mjobo, L N; Mkhize, L N; Mkhulusi, N N P; Mlangeni, A; Mmusi, S G; Mnisi, N A; Mokoena, A D; Molebatsi, M A; Molewa, B E E; Moloi- Moropa, J C; Morutoa, M R; Moss, L N; Motimele, M S; Motlanthe, K P; Motshekga, M A; Motshekga, M S; Mthethwa, E M; Mthethwa, E N; Mufamadi, T A; Mushwana, F F; Muthambi, A F; Nchabeleng, M E; Ndabandaba, L B G; Ndabeni, S T; Ndebele, J S; Nel, A C; Nelson, W J; Nene, N M; Newhoudt- Druchen, W S; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngele, N J; Ngwenya, W; Ngwenya-Mabila, P C; Nhlengethwa, D G; Nkoana-Mashabane, M E; Nkwinti, G E; November, N T; Ntapane, S Z; Ntuli, B M; Ntuli, Z C; Nxesi, T W; Nxumalo, M D; Nyalungu, R E; Nyama, M M A; Nyanda, S; Nyekemba, E; Nzimande, B E; Oliphant, G G; Oliphant, M N; Oosthuizen, G C; Pandor, G N M; Peters, E D; Petersen-Maduna, P; Phaahla, M J; Phaliso, M N; Pilusa- Mosoane, M E; Pule, D D; Radebe, B A; Radebe, G S; Radebe, J T; Ramatlhodi, N A; Ramodibe, D M; Rantsolase, M A; Rasool, E; Saal, G; Scheemann, G D; Sefularo, M; Segale-Diswai, M J; Selau, G J; Sexwale, T M G; Shabangu, S; Shiceka, S; Sibanyoni, J B; Sibhidla, N N; Sisulu, L N; Sithole, S C N; Sizani, P S; Skosana, J J; Smith, V G; Sogoni, E M; Sonjica, B P; Sonto, M R; Sosibo, J E; Sotyu, M M; Stofile, M A; Suka, L; Sulliman, E M; Sunduza, T B; Thabethe, E ; Thobejane, S G; Thomson, B; Tinto, B; Tlake, M F; Tobias, T V; Tsebe, S R; Tseke, G K; Tsenoli, S L; Tshivhase, T J; Tsotetsi, D R; Twala, N M; Vadi, I; Van Schalkwyk, M C J; Van Wyk, A; Williams, A J; Xaba, P P; Xasa, T; Xingwana, L M; Zulu, B Z.
NOES - 88: Adams, L H; Balindlela, Z B; Blaai, B C; Boinamo, G G; Botha, T; Carter, D; Dandala, H M; Davidson, I O; De Freitas, M S F; De Lille, P; Dexter, P D; Dreyer, A M; Du Toit, N D; Dudley, C; Ellis, M J; Farrow, S B; Fritz, A T; Gaehler, L B; George, D T; George, M E; Greyling, L; Holomisa, B H; James, W G; Kalyan, S V; Kganare, D A; Kilian, J D; Kloppers-Lourens, J C; Kohler-Barnard, D; Koornhof, N J J v R; Kopane, S P; Kotsi, C M; Krumbock, G R; Lamoela, H; Lee, T D; Lorimer, J R B; Lotriet, A; Louw, A; MacKenzie, G D; Marais, E J; Marais, S J F; Mashiane, L M; Maynier, D J; Mazibuko, L D; McGluwa, J J; Mda, A; Mnguni, P B; Molao, S P; More, E; Morgan, G R; Mubu, K S; Mulder, C P; Ndude, H N; Ngonyama, L S; Nhanha, M A; Njobe, M A A; Ntshiqela, P; Oriani-Ambrosini, M G; Poho, P; Pretorius, P J C; Rabie, P J; Rabotapi, M W; Ramatlakane, L; Robinson, D; Ross, D; Rwexana, S P; Schafer, DA; Selfe, J; Shilowa, M S; Smiles, D C; Smuts, M; Snell, G T; Steele, M H; Steyn, A; Swart, M; Swart, S N; Swathe, M M; Tolo, L J; Trollip, RAP; Van Dalen, P; Van den Berg, N J; Van der Linde, J J; Van der Walt, D; Van der Westhuizen, A P; Van Dyk, S M; Van Schalkwyk, H C; Vukuza-Linda, N Y; Waters, M; Wenger, M. ABSTAIN - 5: Bhoola, R B; Lucas, E J; Mpontshane, A M; Msimang, C T; Skosana, M B.
Question agreed to.
Amendment accordingly agreed to.
Question put: That the motion by Rev H M Dandala, as amended, be agreed to.
Division demanded.
The House divided.
AYES - 242: Abram, S; Adams, P E; Ainslie, A R; Baloyi, M R; Bam-Mugwanya, V; Bapela, K O; Bhengu, N R; Bhengu, P; Bikani, F C; Bogopane-Zulu, H I; Bonhomme, T J; Booi, M S; Borman, G M; Boshigo, D F; Botha, Y R; Burgess, C V; Chabane, O C; Chauke, H P; Chikunga, L S; Chiloane, T D; Chohan, F I; Coleman, E M; Cronin, J P; Cwele, S C; Dambuza, B N; Davies, R H; De Lange, J H; Dikgacwi, M M; Ditshetelo, I C; Dlakudla, D E; Dlamini-Zuma, N C; Dlulane, B N; Doidge, G Q M; Dubazana, Z S; Dube, M C; Duma, N M; Dunjwa, M L; Ebrahim, E I; Farisani, T S; Fihla, N B; Fransman, M L; Frolick, C T; Fubbs, J L; Gasebonwe, T M A; Gcwabaza, N E; Gelderblom, J P; Gigaba, K M N; Gina, N; Godi, N T; Godongwana, E; Gololo, C L; Gona, M F; Goqwana, M B; Gumede, D M; Gungubele, M; Gxowa, N B; Hajaig, F; Hanekom, D A; Hogan, B A; Holomisa, S P; Huang, S-B; Jacobus, L; Jeffery, J H; Joemat-Pettersson, T M; Johnson, M; Kekane, C D; Kenye, T E; Kholwane, S E; Khumalo, F E; Komphela, B M; Koornhof, G W; Kota-Fredericks, Z A; Landers, L T; Lekgetho, G; Line, H; Lishivha, T E; Luthuli, A N; Luyenge, Z; Maake, J J; Mabasa, X; Mabedla, N R; Mabuza, M C; Madasa, Z L; Madlala, N M; Mafolo, M V; Magagula, V V; Magama, H T; Magau, K R; Magazi, M N; Magwanishe, G; Mahlangu-Nkabinde, G L; Makasi, X C; Makhubela-Mashele, L S; Makhubele, Z S; Makwetla, S P; Malale, M I; Malgas, H H; Maluleka, H P; Maluleke, J M; Manamela, K B; Manana, M C; Manganye, J; Mangena, M S; Manuel, T A; Mapisa- Nqakula, N N; Martins, B A D; Mashatile, P; Mashigo, R J; Mashishi, A C; Masutha, T M; Mataboge, D K; Mathebe, D H; Mathebe, P M; Mathibela, N F; Matladi, M N; Matlanyane, H F; Matshoba, J M; Maunye, M M; Mavunda, D W; Mayende-Sibiya, N A; Maziya, A M; Mbalula, F A; Mbili, M E; Mdaka, M N; Mdakane, M R; Mdladlana, M M S; Mfeketo, N C; Mgabadeli, H C; Mjobo, L N; Mkhize, L N; Mkhulusi, N N P; Mlangeni, A; Mmusi, S G; Mnisi, N A; Mokoena, A D; Molebatsi, M A; Molewa, B E E; Moloi-Moropa, J C; Morutoa, M R; Moss, L N; Motimele, M S; Motlanthe, K P; Motshekga, M A; Motshekga, M S; Mthethwa, E M; Mthethwa, E N; Mtshali, E; Mufamadi, T A; Mushwana, F F; Muthambi, A F; Nchabeleng, M E; Ndabandaba, L B G; Ndabeni, S T; Ndebele, J S; Nel, A C; Nelson, W J; Nene, N M; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngele, N J; Ngwenya, W; Ngwenya-Mabila, P C; Nhlengethwa, D G; Njikelana, S J; Nkoana-Mashabane, M E; Nkwinti, G E; November, N T; Ntuli, B M; Ntuli, Z C; Nxesi, T W; Nxumalo, M D; Nyalungu, R E; Nyama, M M A; Nyanda, M F; Nyanda, S; Nyekemba, E; Nzimande, B E; Oliphant, G G; Oliphant, M N; Oosthuizen, G C; Padayachie, R L; Peters, E D; Petersen-Maduna, P; Phaahla, M J; Phaliso, M N; Pilusa-Mosoane, M E; Pule, D D; Radebe, B A; Radebe, G S; Radebe, J T; Ramatlhodi, N A; Ramodibe, D M; Rantsolase, M A; Rasool, E; Saal, G; Scheemann, G D; Sefularo, M; Segale-Diswai, M J; Selau, G J; Sexwale, T M G; Shabangu, S; Shiceka, S; Sibanyoni, J B; Sibhidla, N N; Sisulu, L N; Sithole, S C N; Sizani, P S; Skosana, J J; Skosana, M B; Smith, V G; Snell, G T; Sogoni, E M; Sonjica, B P; Sonto, M R; Sosibo, J E; Sotyu, M M; Stofile, M A; Suka, L; Sulliman, E M; Sunduza, T B; Thabethe, E; Thobejane, S G; Thomson, B; Tinto, B; Tlake, M F; Tobias, T V; Tsebe, S R; Tseke, G K; Tsenoli, S L; Tshivhase, T J; Tsotetsi, D R; Twala, N M; Vadi, I; Van Schalkwyk, M C J; Van Wyk, A; Williams, A J; Xaba, P P; Xasa, T; Xingwana, L M; Zulu, B Z.
NOES - 83: Adams, L H; Balindlela, Z B; Blaai, B C; Boinamo, G G; Botha, T; Carter, D; Dandala, H M; Davidson, I O; De Freitas, M S F; De Lille, P; Dexter, P D; Dreyer, A M; Du Toit, N D; Dudley, C; Ellis, M J; Farrow, S B; Fritz, A T; Gaehler, L B; George, D T; George, M E; Greyling, L; Holomisa, B H; James, W G; Kalyan, S V; Kganare, D A; Kilian, J D; Kloppers-Lourens, J C; Kohler-Barnard, D; Koornhof, N J J v R; Kopane, S P; Kotsi, C M; Krumbock, G R; Lamoela, H; Lee, T D; Lotriet, A; Louw, A; MacKenzie, G D; Marais, E J; Marais, S J F; Mashiane, L M; Maynier, D J; Mazibuko, L D; McGluwa, J J; Mda, A; Mnguni, P B; Molao, S P; More, E; Morgan, G R; Mubu, K S; Mulder, C P; Ndude, H N; Ngonyama, L S; Nhanha, M A; Njobe, M A A; Ntshiqela, P; Poho, P; Pretorius, P J C; Rabie, P J; Rabotapi, M W; Ramatlakane, L; Robinson, D; Ross, D; Rwexana, S P; Schafer, DA; Selfe, J; Shilowa, M S; Smiles, D C; Smuts, M; Steele, M H; Steyn, A; Swart, M; Swart, S N; Swathe, M M; Tolo, L J; Van Dalen, P; Van den Berg, N J; Van der Linde, J J; Van der Westhuizen, A P; Van Dyk, S M; Van Schalkwyk, H C; Vukuza-Linda, N Y; Waters, M; Wenger, M.
ABSTAIN - 6: Bhoola, R B; Lucas, E J; Mpontshane, A M; Msimang, C T; Ntapane, S Z; Oriani-Ambrosini, M G.
Question agreed to.
Motion, as amended, accordingly agreed to.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES ON OVERSIGHT VISITS TO MANGAUNG, NEW KIMBERLEY AND GROOTVLEI CORRECTIONAL CENTRES ON 2 AND 3 FEBRUARY 2010
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES ON 2008-09 ANNUAL REPORTS OF DEPARTMENT OF CORRECTIONAL SERVICES AND OF JUDICIAL INSPECTORATE FOR CORRECTIONAL SERVICES
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES ON OVERSIGHT VISITS TO POLLSMOOR AND MALMESBURY CORRECTIONAL CENTRES IN WESTERN CAPE ON 5 AND 6 AUGUST 2009
There was no debate.
The CHIEF WHIP OF THE MAJORITY PARTY: I move:
That the Reports be adopted.
Motion agreed to. Report on Oversight Visits to Mangaung, New Kimberley and Grootvlei Correctional Centres on 2 and 3 February 2010 accordingly adopted.
Report on 2008-09 Annual Reports of Department of Correctional Services and of Judicial Inspectorate for Correctional Services accordingly adopted.
Report on Oversight visits to Pollsmoor and Malmesbury Correctional Centres in Western Cape on 5 and 6 August 2009 accordingly adopted.
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT IN TERMS OF SECTION 231(2) OF THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996, OF MEMBERSHIP OF SOUTH AFRICA TO THE INTERNATIONAL RENEWABLE ENERGY AGENCY
Mrs E THABETHE: Speaker, the Portfolio Committee on Energy, having considered the request for approval by Parliament of membership of South Africa to the International Renewable Energy Agency, Irena, recommends that the House, in terms of section 231(2) of the Constitution, approve this request.
The International Renewable Energy Agency was officially launched in Bonn on 26 January 2009. To date, 140 states and the European Union have signed the statute of the agency, amongst them 48 African, 37 European, 33 Asian, 15 American and 9 Australia-Oceania states. Mandated by this government worldwide, Irena will promote the widespread and increased adoption and sustainable use of all forms of renewable energy, acting as a global voice for renewable energies. Irena will facilitate access to all relevant renewable energy information, including technical data, economic data and renewable resource-potential data.
We hope that by passing this and also agreeing with the committee — because this was a unanimous decision by all committee members — we will be able to deal with the challenges of renewable energy in this country. Speaker, I hope that the House will agree and approve this request. Thank you. [Applause.] There was no debate.
Request for Membership of South Africa to the International Renewable Energy Agency approved.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON WATER AND ENVIRONMENTAL AFFAIRS ON VIDEO CONFERENCE ON CLIMATE CHANGE HELD WITH PARLIAMENT OF UNITED KINGDOM
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON WATER AND ENVIRONMENTAL AFFAIRS ON JOINT PUBLIC HEARINGS ON POLITICAL, ECONOMIC, LEGAL, GENDERED AND SOCIAL IMPACTS OF CLIMATE CHANGE
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON WATER AND ENVIRONMENTAL AFFAIRS ON WATER TARIFF INCREASES OF BULK WATER RESOURCES 2009-10
There was no debate.
The CHIEF WHIP OF THE MAJORITY PARTY: I move:
That the Reports be adopted.
Motion agreed to.
Report on Video Conference held with Parliament of United Kingdom on Climate Change accordingly adopted.
Report on Joint Public Hearings on Political, Economic, Legal, Gendered and Social Impacts of Climate Change accordingly adopted.
Report on Water Tariff Increases of Bulk Water Resources 2009-10 accordingly adopted.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON HIGHER EDUCATION AND TRAINING ON OVERSIGHT VISIT TO GIYANI, LIMPOPO
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON HIGHER EDUCATION AND TRAINING ON OVERSIGHT VISIT TO UNIVERSITY OF STELLENBOSCH
Mr M L FRANSMAN: Hon Chairperson, the Portfolio Committee on Higher Education and Training undertook an oversight visit to the University of Stellenbosch, and the strategic focus really related to issues of admission, language policy, the transformation plan and the challenges for students.
This happened on 13 October, and the committee was able to meet the management, under the leadership of the rector, as well as the students themselves. Some of the issues reflected were the following: Firstly, it’s very clear that there is very good work taking place at the institution; secondly, there is the launch of a satellite into space with the Department of Science and Technology and lastly, there is the hosting of many research fund centres of excellence, Stellenbosch University being one of the top academic and research institutions in the country.
However, some of the concerns the committee identified are that after 15 years of our democracy, only approximately 4% of the academic staff are black, 76% of undergraduates are white, and there is a low through-put rate of students, as well as a very small percentage in infrastructure to accommodate challenged students.
What the committee then agreed on — in terms of its findings — was that the vision of 2015, as defined by the management of the institution, should be urgently reviewed in the context of the transformation agenda, and that an inclusive human resource development strategy is required to attract more black academic staff.
Special emphasis should be placed on undergraduate students and there should be a focus on research but not an overemphasis on research. And, equally so, special emphasis should be placed on the issue of teacher development at that particular institution. The committee is tabling this report in order for the House to agree to it. Thank you. [Applause.]
There was no debate.
The CHIEF WHIP OF THE MAJORITY PARTY: I move:
That the Reports be adopted.
Motion agreed to.
Report on Oversight Visit to Giyani, Limpopo, accordingly adopted.
Report on Oversight Visit to University of Stellenbosch accordingly adopted.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON SOCIAL DEVELOPMENT ON OVERSIGHT VISIT TO MPUMALANGA DEPARTMENT OF SOCIAL DEVELOPMENT, NKOMAZI DISTRICT MUNICIPALITY, MBOMBELA LOCAL MUNICIPALITY, MBOMBELA AND NKOMAZI MUNICIPALITIES’ PROJECTS, SOUTH AFRICAN SOCIAL SECURITY AGENCY, SASSA, OFFICE, PAYPOINTS AND SERVICE AREAS AND NATIONAL DEVELOPMENT AGENCY, NDA PROJECTS
There was no debate.
The CHIEF WHIP OF THE MAJORITY PARTY: I move:
That the Report be noted.
Motion agreed to.
Report on Oversight Visit to Mpumalanga Department of Social Development, Nkomazi District Municipality, Mbombela Local Municipality, Mbombela and Nkomazi Municipalities Projects, South African Social Security Agency, Sassa Office, Paypoints and Service Areas and National Development Agency, NDA, Projects accordingly noted.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Unfortunately …
… angizukuvala ngoba nisakhuluma ngaphandle kokuthi nithule ukuze siqhubeke nomucu wokugcina. [Uhleko.] [… I won’t adjourn this meeting unless you keep quiet in order for us to continue with the last line.] [Laughter.]]
The House adjourned at 16:58. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
THURSDAY, 11 MARCH 2010
ANNOUNCEMENTS
National Assembly
The Speaker
-
Letter from Minister of Justice and Constitutional Development on late submission of regulations (a) 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.
Correction: The above entry replaces item 1(b) published under Tablings
in the name of The Speaker in the Announcements, Tablings and
Committee Reports of 10 March 2010, page 486.
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Trade and Industry
(a) Preferential Trade Agreement (PTA) between the Southern African
Customs Union (SACU) and the Common Market of the South (MERCOSUR),
tabled in terms of section 231(2) of the Constitution, 1996.
(b) Explanatory Memorandum to the Preferential Trade Agreement
(PTA) between the Southern African Customs Union (SACU) and the
Common Market of the South (MERCOSUR).
FRIDAY, 12 MARCH 2010
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
(a) Letter from the Minister of Public Works dated 11 March 2010,
to the Speaker of the National Assembly requesting for the
withdrawal of the Department of Public Works Strategic Plan for the
period 2010 – 2013.
2010-2013 DEPARTMENTAL STRATEGIC PLAN AND ENTITIES IN PARLIAMENT
The Department of the Public Works’ strategic plan was tabled in
Parliament on the 3rd of March 2010. There have been noticeable
inaccuracies in the tabled document which have to be rectified by
the Department.
The amendments made to the departmental strategic plan of the
department and further undertake to table the amended version to
Parliament within two (2) weeks. Note that the aligned strategic
plans of the sector entities, namely, Construction Industry
Development Board (CIDB), Council for the Built Environment (CBE),
Independent Development Board (IDB) and Agrément South Africa (ASA)
will also be tabled within the said two (2) weeks.
I sincerely apologise to Parliament and its committees for the
inconvenience caused as a result of these developments.
Yours sincerely,
(Signed)
G Q M DOIDGE (MP)
MINISTER
Date: 11/03/2010
Cc: Hon G Olifant – Portfolio Committee on Public Works
Hon Sibande MP – Select Committee on Public Services 2. The Minister of Public Enterprises
a) Eskom’s 2010/11 tariff increase and amended pricing structure for
municipalities with effect from 1 July 2010, in terms of section 42
of the Local Government: Municipal Finance Management Act, 2003
(Act No 56 of 2003).
MONDAY, 15 MARCH 2010
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Introduction of Bills
(1) The Minister of Justice and Constitutional Development
a) Prevention and Combating of Trafficking in Persons Bill [B 7 –
2010] (National Assembly – proposed sec 75) [Explanatory
summary of Bill and prior notice of its introduction published
in Government Gazette No 32906 of 29 January 2010.]
Introduction and referral to the Portfolio Committee on Justice
and Constitutional Development of the National Assembly, as
well as referral to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the classification
of the Bill may be submitted to the JTM within three
parliamentary working days.
- Draft Bills submitted in terms of Joint Rule 159
(1) Black Authorities Act Repeal Bill, 2010, submitted by the
Minister of Rural Development and Land Reform.
Referred to the Portfolio Committee on Rural Development and Land
Reform and the Select Committee on Land and Environmental Affairs.
National Assembly
The Speaker
- Withdrawal of Strategic Plan
(a) A letter dated 11 March 2010 has been received from the
Minister of Public Works, requesting the withdrawal of the
strategic plan of the Department of Public Works for the financial
year 2010-13 that was tabled on 3 March 2010.
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Public Enterprises
a) Tariff increase for 2010-11 and amendment to Eskom's pricing
structure for municipalities, tabled in terms of section 42(4) of
the Local Government: Municipal Finance Management Act, 2003 (Act No
56 of 2003), and supporting documents required in terms of section
42(3) of the same Act.
- The Minister of Water and Environmental Affairs
a) Albany Coast Water Board’s Proposed Water Tariffs for 2010-11,
tabled in terms of section 42 of the Local Government: Municipal
Finance Management Act, 2003 (Act No 56 of 2003).
(b) Amatola Water Board’s Proposed increase in Water Tariffs for
2010-11, tabled in terms of section 42 of the Local Government:
Municipal Finance Management Act, 2003 (Act No 56 of 2003).
(c) Bloem Water Board’s Proposed increase in Water Tariffs for 2010-
11, tabled in terms of section 42 of the Local Government:
Municipal Finance Management Act, 2003 (Act No 56 of 2003).
(d) Botshelo Water Board’s Proposed increase in Water Tariffs for
2010-11, tabled in terms of section 42 of the Local Government:
Municipal Finance Management Act, 2003 (Act No 56 of 2003).
(e) Bushbuckridge Water Board’s Proposed Water Tariffs for 2010-11,
tabled in terms of section 42 of the Local Government: Municipal
Finance Management Act, 2003 (Act No 56 of 2003).
f) Lepelle Northern Water Board’s Proposed increase in Water Tariffs
for 2010-11, tabled in terms of section 42 of the Local Government:
Municipal Finance Management Act, 2003 (Act No 56 of 2003).
g) Magalies Water Board’s Proposed increase in Water Tariffs for 2010-
11, tabled in terms of section 42 of the Local Government:
Municipal Finance Management Act, 2003 (Act No 56 of 2003).
h) Mhlathuze Water Board’s Proposed increase in Water Tariffs for 2010-
11, tabled in terms of section 42 of the Local Government:
Municipal Finance Management Act, 2003 (Act No 56 of 2003).
(i) Namakwa Water Board’s Proposed increase in Water Tariffs for
2010-11, tabled in terms of section 42 of the Local Government:
Municipal Finance Management Act, 2003 (Act No 56 of 2003).
(j) Overberg Water Board’s Proposed increase in Water Tariffs for
2010-11, tabled in terms of section 42 of the Local Government:
Municipal Finance Management Act, 2003 (Act No 56 of 2003).
(k) Pelladrift Water Board’s Proposed Water Tariffs for 2010-11,
tabled in terms of section 42 of the Local Government: Municipal
Finance Management Act, 2003 (Act No 56 of 2003).
(l) Rand Water Board’s Proposed increase in Water Tariffs for 2010-
11, tabled in terms of section 42 of the Local Government:
Municipal Finance Management Act, 2003 (Act No 56 of 2003).
(m) Sedibeng Water Board’s Proposed increase in Water Tariffs for
2010-11, tabled in terms of section 42 of the Local Government:
Municipal Finance Management Act, 2003 (Act No 56 of 2003).
(n) Umgeni Water Board’s Proposed increase in Water Tariffs for
2010-11, tabled in terms of section 42 of the Local Government:
Municipal Finance Management Act, 2003 (Act No 56 of 2003).
National Assembly
- The Speaker
(a) Letter dated 11 March 2010 from the Minister of Public Works,
explaining the delay in submitting the strategic plans of the
Construction Industry Development Board (CIDB), Council for the
Built Environment (CBE), Independent Development Board (IDB) and
Agrément South Africa (ASA) for the financial year 2010-13.
COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Correctional Services on its 2 and 3 February oversight visits to the Mangaung, New Kimberley and Grootvlei Correctional Centres, dated 10 March 2010.
- Introduction
1.1 On 2 and 3 February a delegation of the Portfolio Committee on
Correctional Services undertook an oversight visit to Mangaung
Correctional Centre, one of South Africa’s two public private
partnership (PPP) correctional centres and the New Kimberley
Correctional Centre which was near completion at the time of the visit
and was designed for delivery on the detention and rehabilitation
ideals contained in the White Paper on Corrections (White Paper) of
- Both centres are located in the Department of Correctional Services’ (DCS) Free State/Northern Cape region. 1.2 Concerned about the large number of sentenced and unsentenced children and juveniles imprisoned, the Committee paid a brief visit to the juvenile section at the Grootvlei Correctional Centre in Bloemfontein to assess the conditions of detention these young sentenced and unsentenced inmates are subjected to. 1.3. As stated in the Committee’s report on its first official oversight visit to the Pollsmoor and Malmesbury correctional centres in the Western Cape, most of South Africa’s correctional centres pre-date 1994 and their structure is not conducive to the implementation of the rehabilitation and reintegration ideals and strategies contained in the White Paper. Central to the success of these strategies is unit management, which requires the division of a correctional centre into small manageable units ensuring appropriate supervision and monitoring of offenders. This not only limits security risks, but also facilitates the implementation of the necessary development and rehabilitation programmes, while ensuring that detention is safe and secure and that the treatment and care of offenders did not violate South Africa’s human rights framework. 1.4 The Committee is committed to seeing the entirely state-owned New Kimberley Correctional Centre, with its promise of the successful rehabilitation of offending behaviour and reintegration of offenders, become the embodiment of the objectives contained in the White Paper. It has agreed to ‘adopt’ the centre, and will accordingly follow its progress very closely, particularly given that future centres will be modelled on it.
-
Delegation 2.1 The delegation that visited Mangaung Correctional Centre on Tuesday, 2 February comprised the following Members: Mr V Smith (ANC, Chairperson), Ms W Ngwenya (ANC), Ms M Mdaka (ANC), Ms N Phaliso (ANC), Ms F Nyanda (ANC), Mr Z Madasa (ANC), Mr A Fritz (DA), Mr J Selfe (DA) and Ms C Blaai (COPE). 2.2 The delegation that visited the New Kimberley Correctional Centre on Wednesday, 3 February comprised the following Members: Mr V Smith (ANC, Chairperson), Ms M Mdaka (ANC), Ms N Phaliso (ANC), Ms F Nyanda (ANC), Mr Z Madasa (ANC), Mr A Fritz (DA), and Ms C Blaai (COPE).
-
Context 3.1 In October 2009 the Committee met with both the Mangaung and Kutama Sinthumule correctional centre management as well as the DCS to be briefed on the PPP centres’ operations and challenges. It was agreed that site visits to both centres would be invaluable as far as gaining a better understanding of their operation and the treatment of offenders detained there. Due to time constraints the Committee could however only visit one of these centres in February, and the Mangaung Correctional Centre was selected partly due to a number of inmate uprisings it had experienced in recent months. 3.2 Construction of the New Kimberley Correctional Centre started in November 2006 and has been plagued by numerous delays in its completion, which made completion by November 2008 impossible. It finally started admitting offenders on 11 January 2010, and will continue doing so in phases as from 16 February 2010 when the centre is expected to have been handed over by the contractor. The centre is expected to have been filled to capacity by 15 May 2010. The Committee thought it necessary to visit the centre to gauge its readiness to start operating fully, and given that it may become the prototype for future prison construction in South Africa, to assess to what extent it would deliver on the White Paper’s rehabilitation and reintegration ideals. 3.3 Given the large numbers of children detained at Grootvlei Correctional Centre, and its proximity to the Mangaung Correctional Centre, the Committee agreed to also pay a short visit to that Centre, specifically to assess the conditions under which child and juvenile offenders are detained.
-
Mangaung Correctional Centre 4.1 The Mangaung Correctional Centre is situated outside Bloemfontein. The PPP correctional centres are managed by a holding company, in the case of Mangaung, G4S, with 2 Department of Correctional Services (DCS) controllers on site to ensure the holding company’s compliance in terms of the Correctional Services Act of 1998 as well as its contractual obligations. The Head of the Centre as well as all staff are G4S employees. The contract between the DCS and G4S is for a period of 25 years after which the centre will be owned and operated by the State. The Centre took 14 months to complete and became operational in July 2001. 4.2 Mangaung Correctional Centre is a maximum security facility housing 2 928 sentenced adult male offenders (agreed to in the contract and therefore never exceeded). 1 217 offenders are serving sentences of 20 years or longer, 800 of them are “lifers”. 4.3 The Centre operates on the concept of unit management and is divided into housing blocks, accommodating inmates in either single or double cells. Each unit is managed by a single warder. Units and other facilities are linked through a number of “streets” used to access workshops, educational facilities, sports fields, kitchens etc. 4.4 Offenders are transferred from centres across the country and all of them are assessed upon admission to ensure that they are assigned a structured day programme best suited to their rehabilitation needs.
- New Kimberley Correctional Centre 5.1 Unlike the Mangaung Correctional Centre, the New Kimberley Correctional Centre, which falls in the DCS’ management area is fully state-owned and managed.
5.2 The medium security centre will accommodate 3 000 male offenders, serving sentences of 5 to 40 years. The centre comprises three 1 000- bed housing units. Talks are underway to have one of the 1 000-bed units accommodate female offenders, and the other, male juvenile offenders. At the time of the visit the Centre accommodated 237 male offenders in a single cell block. These inmates were transferred as part of a trial-run to determine the prison’s readiness to start filling and running the centre.
5.3. In line with the objectives of the White Paper, the centre will operate on a unit management system, and has been designed specifically to make that possible. In addition to the state of the art educational, vocational, health and other facilities, the centre comprises three housing units, each divided into twelve 240-bed cell blocks. Movement between housing units and other facilities happen via a central “street”, which is closely monitored from the centre’s state of the art security control room.
- Grootvlei Correctional Centre
6.1 At the time of the visit the Grootvlei Medium A centre, where child and juvenile sentenced and unsentenced offenders are housed, accomodated 7 sentenced boys under the age of 18, and 540 sentenced juveniles. The Centre housed 1 200 unsentenced juveniles, accommodated in cells of up to 80 each.
- Observations 7.1 Mangaung and New Kimberley Correctional Centres 7.1.1 Apart from the weekly meetings around operational matters between Mangaung Correctional Centre’s Head and the DCS controllers on site, G4S and the DCS have monthly ‘high level’ meetings to discuss issues related to service delivery. These interactions notwithstanding, the Managing Director reported that communication between his company and the DCS could still be improved particularly to facilitate greater stakeholder involvement and more frequent exchange of ideas to ensure that best practices on both sides are shared.
-
The Mangaung Correctional Centre ascribed the incidents of unrest experienced over recent months to the reclassification process. According to Section 29 of the Correctional Services Act of 1998 an inmate’s security classification is determined by the extent to which he or she presents a security risk, and determines whether the sentence or remainder of the sentence would be served in a maximum or minimum security centre. Reclassification is determined via a tool introduced to correctional centres in August 2006. In November 2008 the National Overcrowding Task Team (NOTT) reported that the tool was not being utilised at Mangaung, and recommended its immediate implementation. This was not done and in July 2009 inmates embarked on a hunger-strike in protest. At the subsequent consultation process between the DCS and the private contractors it was agreed that the tool would be implemented. The Centre is confident that it has dealt with the unrest and would in future be able to avoid such protests, but could not confirm that the reclassification challenges at Mangaung have been addressed. The Committee was assured that no unnecessary force was used in containing and suppressing inmate protests.
-
The Mangaung Correctional Centre expressed concern about its ability to implement in line with the President’s announcement on World Aids Day 2009 that anti-retroviral drugs would now be available to all HIV positive persons with CD4 counts of 350 or lower. While this development is welcomed in the fight against HIV/AIDS, there are concerns about how it would be implemented and the costs associated. At the time of the visit the DCS and G4S had not reached an agreement as to who should bear the cost of the implementation.
-
Mangaung Correctional Centre employs one social worker for every 300 offenders and reported that their retention is much better than that of DCS correctional centres where the working conditions and heavy workload often result in an inability to attract and retain such and similar professionals.
-
At the Mangaung Correctional Centre all offenders are assessed upon admission to ensure that structured day programmes allowing for school, work programmes, vocational, rehabilitation programmes are developed according to the rehabilitation needs of each offender.
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All offenders incarcerated at the New Kimberley Correctional Centre will have sentence plans designed to map their rehabilitation programmes. Corrections Assessment Officers will assess offenders upon admission and will compile sentence plans for the case management committee’s approval. Once approved correctional interventions officers will be responsible for ensuring implementation of sentence plans. The Committee was assured that this process will be followed once phased admission of offenders commenced after the hand-over of the centre.
-
The Committee was impressed by the general cleanliness of the Mangaung Correctional Centre’s grounds and facilities. Each inmate is responsible for keeping his cell clean and tidy and graffiti is strictly prohibited.
-
The Committee was pleased to see that inmates at both centres were involved in work activities. At the New Kimberley Correctional Centre inmates were tending the gardens while others were busy with cleaning duties in and around the correctional centres. The facility has a fully-equipped kitchen that will make extensive use of inmate labour and no nutrition services will be outsourced.
-
The delegation is concerned that on the day of the visits to the New Kimberley Correctional Centre, there was evidence of offenders smoking in areas other than the designated smoking zones, with officials apparently having very little ability or inclination to prevent it.
-
At the time of the visit most of the financed posts at the New Kimberley Correctional Centre had been filled. The majority of staff members were employed from the areas surrounding the centre, largely because, apart from the head of centre and his deputies, it is unlikely that officials will be accommodated on the prison grounds.
-
Nutrition services at the New Kimberley Correctional Centre will not be outsourced, and although the soil at the centre is not conducive to agriculture, vegetables will be provided by the other centre in the vicinity.
-
As is the case at the Mangaung Correctional Centre, the New Kimberley Correctional Centre will be cashless with neither officials nor inmates being allowed any money, thus limiting the opportunity for bribery and other forms of corruption.
- The Regional Commissioner agreed that the Judicial Inspectorate for Correctional Services (JICS) played an important role as far as reporting on deaths and gangsterism, ensuring the humane treatment of offenders, the diversion of juveniles and the addressing of the needs of unsentenced offenders. The New Kimberley Correctional Centre’s Head of Centre reported however that officials felt that their conduct was reported on, and that their efforts at maintaining discipline were frustrated at times. There were also complaints that independent correctional centre visitors (ICCVs) were not performing and were compiling fraudulent reports.
7.2 Grootvlei Correctional Centre 7.2.1 The delegation was alarmed by the conditions in which sentenced and unsentenced children and juvenile inmates were accommodated. Apart from the overcrowding, cells were dirty and in a state of serious disrepair with leaks, faulty taps and broken toilets. The conditions were unhygienic and likely to contribute to the spread of disease. 7.2.2 Although kept in cells separate from those of the adult sentenced population, child offenders are wearing the same orange uniform meant for adult sentenced offenders.
- Recommendations 8.1 Category of offenders incarcerated at the new generation prisons 8.1.1 Both new generation centres visited were designed to accommodate adult male offenders serving relatively long to life sentences. While all offenders should be provided with care and development programmes, the roll-out of such programmes to juvenile and those serving short sentences should be prioritised, as they stand to benefit most, given that such programmes are designed to reduce recidivism. The region has already submitted a proposal that one of the New Kimberley Correctional Centre’s housing blocks be converted for the incarceration of juvenile offenders, and the Committee eagerly awaits the outcome of that process. The DCS accordingly explore all avenues that would enable them to accommodate juvenile and short-term offenders at both the PPP correctional centres, the New Kimberley Correctional Centre as well as all future new generation centres. 8.1.2 Concern was raised that the centres visited only accommodated men and that therefore male offenders only will benefit from the state of the art rehabilitation services offered at the centres. Cognisant of the fact that women make up a small percentage of South Africa’s prison population and that correctional centres accommodating women had to adhere to the United Nations Minimum Standards for the detention of women, and that such adherence would require certain structural adjustments, the Committee nevertheless recommends that ways in which women can also be accommodated at the centres be explored, so that they too could benefit from the programmes offered there.
8.2 Transfers 8.2.1 Interactions with the offenders transferred to the New Kimberley Correctional Centre since 11 January revealed that many were transferred without having been adequately prepared for the experience of incarceration at the new Centre, or without being given sufficient opportunity to communicate their transfer to their families. The Committee accepts that the delays in the installation of the telephone lines may have contributed to the latter, and recommends that regions transferring offenders to the new centre will ensure that offenders are adequately briefed and that they have opportunity to communicate with their families in order to ensure that family contact, which forms an integral part of their rehabilitation and reintegration, is not compromised. Transfers should be managed responsibly as inmates’ understanding of the benefits of incarceration at the centre is key to the success of the care, development, rehabilitation and other programmes offered. In addition, everything should be done to ensure that the 7 offenders who have to write supplementary matric examinations and who were transferred to the centre from Mpumalanga have the opportunity to do so.
8.2.2 Inmates at both centres complained of long waiting periods before the outcome of their transfer requests are communicated to them, and that often such requests are rejected. Most transfer requests are motivated by inmates’ need to be closer to their families for visitation purposes. The DCS should ensure that all transfers to any centres in the country are done within the prescribed rules and regulations and that as far as possible, such transfers should not jeopardise rehabilitation and reintegration efforts.
8.3 Inmate Labour 8.3.1 The Committee remains ardent advocates of inmate labour which it believes will not only curb idleness, but could, if managed well, result in greater self-sufficiency at centre level. More inmates should be involved in productive activities for the greater part of the day. The Committee recognises that the legislation currently places certain limitations on the DCS as far as its ability to enforce participation in work programmes and educational programmes, and recommends that future reviews of the legislation consider these sections carefully to ensure greater productivity on the part of offenders.
8.4 Development, Care and Rehabilitation 8.4.1 While the programmes intended for the New Kimberley Correctional Centre are most impressive, their success will rely entirely upon all offenders at the centre having tailor-made sentence plans catering to their rehabilitation needs. Such plans and their implementation rely on the DCS’ ability to attract and retain the necessary professionals and artisans to do assessments and run education and work programmes. The Centre should ensure that, in line with the objectives of the White Paper, all offenders admitted are assessed in order to develop the sentence plans which will inform the types of programmes and interventions they need for their rehabilitation.
8.5 Personnel 8.5.1 The Committee agrees that staff at the New Kimberley Correctional Centre should as far as possible be new to the correctional system to ensure that the correctional culture envisioned in the White Paper thrives and is not corrupted. Measures should however be put in place to ensure that the largely new and inexperienced warders are equipped to manage an offender population that is likely to be very familiar with incarceration and may attempt to manipulate and take advantage of warders’ lack of experience. Special care should be taken to ensure that gangsterism does not take root among offenders.
8.6 Number-gangs 8.6.1 While the Committee appreciates the management of the New Kimberley Correctional Centre’s reluctance to acknowledge the influence prison gangs may have once gang members are transferred to the centre, for fear of giving gangs more authority, it believes a more detailed strategy for how to deal with the influence of prison gangs is necessary, particularly given that most of the staff employed at the centre are new recruits who could potentially be manipulated and taken advantage of by the hardened criminals likely to be transferred to the centre.
8.7 Health care 8.7.1 The DCS -G4S dispute about who should pay for the provision of ARVs to offenders with CD4 counts lower than 350 should be resolved as a matter of urgency, to ensure that service delivery is not compromised. The Department of Health should also be negotiated with to determine to what extent it can assist to lower the DCS’ costs in terms of health care provision.
8.8 Delays in completion of the New Kimberley Correctional Centre 8.8.1 The construction of the centre has been plagued by a number of delays. The Department has been assured that the facility would be handed over by 15 February 2010 and is committed to completing all transfers to the centre three months thereafter. The Committee hopes that there will be no further delays, and that the Department and offenders will be able to reap the benefits of a centre that is likely to, at completion, cost more than R890 million, as soon as possible. 8.8.2 Delays are ascribed to weather conditions, scarcity of steel as well as labour unrest but the Committee is unconvinced that these could have resulted in a two-year delay in the completion of the facility. Care should be taken to ensure that future projects are not unnecessarily delayed as these delays have huge cost implications for the State. Furthermore, the exact causes of the delay in the New Kimberley Correctional Centre should be investigated, and those responsible should be held accountable.
8.9 PPPs’ accountability 8.9.1 In the past the PPP centres reported directly to the national Department, but would now, like other correctional centres, report to the region they fall under. The DCS controllers on site at the PPP centres should ensure that contractual and legislative obligations are adhered to.
8.10 Children and Juveniles detained at the Grootvlei Correctional Centre 8.10.1 Children should be diverted or where there is no other option detained in secure care centres designed especially for them so that their specific needs can be met. While the Committee welcomes interventions put in place to reduce the number of incarcerated children, there remains a need for greater cooperation between the departments of Social Development, Justice and Constitutional Development and Correctional Services. At the Grootvlei Correctional Centre children did not participate in any programmes. While the Committee accepted that children should not be incarcerated and that the provision of programmes and education to them was not the DCS’ responsibility, the fact that they were in its care, requires the DCS to partner with departments that shared the responsibility for caring for delinquent children, to ensure that their needs are met, and that incarceration did not damage them further. It is hoped that the Child Justice Act, that is to come into operation in April 2010, will result in greater coordination of efforts to ensure better care for children in conflict with the law.
8.11 Care and maintenance of facilities 8.11.1 The Committee observed leaks in the roofs of some of the units visited at the New Kimberley Correctional Centre. The departments of Correctional Services and Public Works should ensure that all such repairs are completed prior to the facility being handed over, and that maintenance is not neglected after. 8.11.2 In addition everything should be done to ensure that offenders do not contribute to the destruction and tarnishing of the centre. Grafitti should be prohibited and penalties imposed for destruction and defilement of cells. 8.11.3 The Head of Centre should ensure that the Centre’s no smoking policy is strictly adhered to, and that smoking only takes place in designated areas. Non-adherence not only poses a risk to lives and safety of inmates and staff, but also compromises discipline within the Centre. 8.11.4 Concerns were raised about the absence of toilets in the hospital wards and the security risk that it poses. While the Committee is satisfied with the interim measures to manage the situation, it recommends that the installation of toilets in the wards be prioritised.
8.12 Parole 8.12.1 The 237 offenders currently incarcerated at the centre include offenders sentenced before 2004, who are eligible for consideration for parole after having served a third of their sentence. These offenders should be processed as a matter of urgency to ensure that they appear before the parole board as soon as possible.
8.13 Reclassification 8.13.1 The reclassification of inmates at the Mangaung Correctional Centre should be addressed as a matter of urgency particularly because it is prescribed by law and one of the requirements contained in the White Paper, and also because inmate uprisings such as the ones experienced at the centre, pose a security risk. All centres should be compliant in that regard.
8.14 Judicial Inspectorate for Correctional Services 8.14.1 At the time of the visit the JICS was unfortunately not present to comment on allegations of misconduct on the part of the ICCVs. The Committee does feel however that ICCVs should be screened or vetted and their performance assessed on a regular basis. Furthermore a relationship of mutual cooperation should be encouraged between JICS and DCS officials to ensure that the ICCVs’ necessary presence is understood and does not cause unnecessary strain and suspicion.
- Acknowledgements The Committee would like to express its appreciation for the co-operation of the management of the Department’s Free State/Northern Cape region and specifically that of the officials at the centres visited.
Report to be considered.
TUESDAY, 16 MARCH 2010
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Tourism
(a) Strategic Plan of the Department of Tourism for 2010/11 –
2014/15.
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The Minister of Women, Children and People with Disabilities
(a) Strategies Plan of the Department for Women, children and Persons with Disabilities for 2009 - 2014
National Assembly
- The Speaker
(a) Letter dated 11 March 2010 from the Minister of Health,
explaining the delay in submitting the strategic plans of the
National Health Laboratory Services (NHLS), South African Medical
Research Council (MRC), and Council for Medical Schemes (CMS) for
the financial year 2010-13.
WEDNESDAY, 17 MARCH 2010
TABLINGS
National Assembly and National Council of Provinces
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The Minister in The Presidency: National Planning Commission
(a) General Notice No 101 published in Government Gazette No 32928 dated 2 February 2010: Publication of the Revised Green Paper on National Planning Commission.
National Assembly
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The Speaker
(a) Petition on the withdrawal of subsidies to six Eastern Cape independent schools, submitted in terms of Rule 312 (Dr Z Luyenge). Referred to the Portfolio Committee on Basic Education for consideration and report.
THURSDAY, 18 MARCH 2010
ANNOUNCEMENTS
National Assembly
The Speaker
- Referral of Bill
(1) The Protection of Information Bill [B 6 – 2010] (National
Assembly – proposed sec 75), introduced on 9 March 2010, has been
referred to the Ad Hoc Committee on Protection of Information
Legislation of the National Assembly (see House resolution in
Minutes of Proceedings of 18 March 2010).
COMMITTEE REPORTS
National Assembly
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Report of the Portfolio Committee on Public Works on the oversight visit to the Eastern Cape from 1 – 3 February 2010, dated 02 March 2010
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Introduction
The Department of Public Works was tasked by the President of the Republic of South Africa to create 500 000 work opportunities by the end of December 2009 through phase two of the Expanded Public Works Programme (EPWP 2). Pursuant to the Portfolio Committee on Public Works’ legislative mandate and through the Committee’s interactions with the Department of Public Works (DPW), the Committee decided to undertake an oversight visit to the Eastern Cape Province to monitor progress made and experience the challenges faced by that Province in the roll out of the EPWP 2 programme and also in the eradication of mud schools and other unsafe structures.
A multi party delegation undertook an oversight visit to the Eastern Cape Province on the from1 – 3 February 2010. The delegation was composed of:
Hon G G Oliphant (ANC), Chairperson and leader of the delegation, Hon C D Kekana (ANC), Hon N M Madlala (ANC), Hon T H Magama (ANC), Hon N D Ngcengwane (ANC), Hon N T November (ANC), Hon N J Masango (DA), Hon W Rabotapi (DA), Hon L Gaehler (UDM), Hon P B Mnguni (COPE).
The following support staff from Parliament accompanied the delegation: Miss A Busakwe (Committee Secretary), Miss S Goba (Committee Assistant) and Miss I Stephney (Committee Researcher).
The following officials also accompanied the delegation: Mr G Moso: Parliamentary Liaison Officer in the Office of the Minister, Ms M Motumi: Parliamentary Liaison Officer in the Office of the Deputy Minister, Ms C Mavi: DPW Intergovernmental Relations Unit, Mr X Nkwali: Independent Development Trust (IDT) Regional General Manager, Mr M Makupula: Eastern Cape Programme Portfolio Manager from the IDT, Mr E Masibi: Contractor Registrations Manager at the Construction Industry Development Board (CIDB), Mr R Raphiri: Procurement Manager (CIDB), Mr S Ndamase: Parliamentary Liaison Officer in the Office of the MEC (Eastern Cape Provincial Department of Public Works), Mr B Makhwabe: Senior Manager EPWP, Mr K Kostile: EPWP Assistant Manager, Ms N Ndlela: EPWP Assistant Manager, Mr J Lloyd: Communications Manager, Mr X Mkiwane: EPWP Unit, Mr W Tutani: EPWP Unit and Ms Y Stengile.
- Terms of reference
The overall objective of the oversight visit to the Eastern Cape Province was for the committee to exercise its oversight mandate over the Department of Public Works with regards to the performance of the Expanded Public Works Programme phase 2 (EPWP 2); the eradication of mud schools and other inappropriate structures and thereafter compile a report with findings and recommendations to Parliament for the Minister of the Department of Public Works to take the necessary actions in assisting the Province.
- Summary
The Committee met with the MEC for Public Works, Ms P Majodina, the Head of the Public Works Department in the Province, Mr B Gxilishe and other Senior Managers in the Eastern Cape Department of Public Works. A presentation on EPWP 2 and a progress report on the eradication of mud schools were presented.
Members of the Provincial Standing Committee on Public Works could not be part of the Portfolio Committee’s oversight visit due to their Provincial Parliament Programme.
The MEC announced that as of 1 April 2010 the Department’s name will change to the Eastern Cape Department of Roads and Public Works. This is in an effort to group together the infrastructure departments.
Day one of the oversight visit of the Portfolio Committee coincided with the first day of training for the National Youth Service (NYS) recruits in the Province. These young people had an opportunity to meet with the members of the Portfolio Committee on Public Works who motivated them into working hard in improving their skills by furthering their studies and by being dedicated in their jobs. The NYS programme in the Eastern Cape was launched in November 2009 and 500 young people were recruited to be part of the programme from 27 000 applicants. The programme is a joint venture between the Department of Public Works, the then Umsobomvu and the National Youth Commission which have since changed and collaborated to form the National Youth Development Agency (NYDA). These young people will be trained over a period of three months and thereafter be dispersed to different government buildings in the Province where they will be working as general workers. The Department is committed into skilling these young people and study bursaries will be offered to them.
Presentation on EPWP 2: The Province reported an achievement of 78% on work opportunities reported against target in the infrastructure sector. Out of the allocated R83, 551.00 incentives grant only R 22, 889.00 were used by the Province at the time of the visit. Performance at Public Body level was reported to be uneven both at Municipal and Departmental levels. The challenges faced by Public Bodies in implementing EPWP 2 were highlighted and measures to address these challenges were also identified. The Provincial Department of Public Works will complement the technical staff provided by the National Department of Public Works in collaboration with the Development Bank South Africa (DBSA) Siyenza Manje programme in supporting municipalities technically. Provincial Department of Public Works staff is deployed to capture information on sites and partnerships are to be created with the National Department of Public Works to train officials in labour-intensive methods of construction.
Presentation on the eradication of mud schools: This programme is responsible for assisting the Department of Education with the eradication of mud and unsafe structures on a project basis as allocated to the Department of Public Works by the Department of Education. The schools built by the Department of Public Works are EPWP compliant. Challenges faced by the DPW are delays in payment from the client departments, budget constraints, insufficient resources, late submission of project list, delays in electricity connection and delays due to weather conditions.
The Committee visited various EPWP projects in the Amathole, O R Tambo and Alfred Nzo District Municipalies. Profiles of these projects will be given in detail in the report under findings and the challenges which were noted by the Committee will also be outlined in this report followed by the Committee recommendations.
- Findings
4.1 Amathole District Municipality
Due to the ANC Lekgotla in the Province from 1 – 2 February 2010, the Executive Mayor and team were not available to meet with the Portfolio Committee on Public Works.
4.1.1 Ngcingcinikhwe Access Road
This is an EPWP Kamoso awards best innovative project in the infrastructure sector for 2009. The road is approximately 2.1 km between Ngcingcinikhwe and Evotini Villages, approximately 54 km’s from Butterworth in the Mnquma local Municipality. In 2007, the Eastern Cape Department of Roads and Transport identified the requirement for all weather vehicular access to Ngcingcinikhwe village under the inaccessible roads programme. Previous attempts to build a road in this area failed because the road is fairly steep. Previously the only access for the community was a badly eroded track, too steep for vehicles. Labour intensive construction methods were employed providing training and local work opportunities for 109 local unemployed people. The project had six committee members, seeing to the smooth running of the project. This was a R3 million project. Road has concrete and paving blocks which guarantees that it will not wash away easily.
Requests from the Ngcingcinikhwe Community members:
• That the road be built another kilometer further so that it can reach
the last village;
• There are water taps in the area but they are not getting any water
from those taps and they request access to clean water from the
government;
• They request a clinic in their area, a school, electricity and
sanitation;
• This village of about 700 households complained that they will not be
able to view the Soccer World Cup that will be hosted by South Africa
as they do not have access to television;
• They requested fencing for their communal garden so that they can
start planting vegetables and benefit their community;
4.2 O R Tambo District Municipality
Councillor S Ntuli and the Chief Executive Officer of the O R Tambo Academic Hospital welcomed the members of the Portfolio Committee on Public Works in the O R Tambo District Municipality and the Hospital.
4.2.1 Bityi Ventilated Improved Pit (VIP) Sanitation Project (Ebhokisini Village)
The O R Tambo District Municipality signed the Memorandum of Understanding with the Department of Public Works in 2006. This project is under the Vukuphile learnership programme. The project started in June 2009. The initial contract with the 15 contractors who were awarded the tender by the District Municipality required construction of 515 VIP toilets per contractor and at the value of R3, 1 million per contractor. Specifications changed as the size of the toilets needed to be increased which means extra costs and that reduced the number of toilets to be constructed by each contractor to 414 structures. Training was provided for both the contractors and the supervisors. The supervisors received technical training equivalent to NQF level 4 and the Contractors received managerial training equivalent to NQF level 2. In learnership programmes prices get negotiated unlike the normal tendering process. The learners are paid R65.00 per day.
The workers in this project did not have the Personal Protective Clothing and the contractor the Committee met insisted that in the original tender document, the requirement to provide the personal protective clothing was not specified and was later included. The Committee observed that safety standards were not met on site. The contractor complained about the two months delay in payment. The community members had a number of complaints and some of the complaints were a result of poor communication between the District Municipality Officials and the community members. There were problems and uncertainty around the standard of the toilets seats used, the digging of holes and payment for doing that, the type of soil these toilets are built in and the size of the toilets. Some of the residents claimed that these toilets were not safe and the toilet pits were shallow. The project facilitator from the District Municipality claimed that a geotechnical investigation was done in the area and the toilets are built according to the results of the assessment done.
4.2.2 King Sabata Dalindyebo (KSD) Clean Up Campaign
The project has employed 50 people, 18 males and 32 females who are responsible for cleaning the Umtata CBD and the surrounding areas (Mqanduli and Coffee Bay). These people do refuse collection and clean the refuse that has been illegally dumped. The project beneficiaries belong in one of two groups, one group is an initiative of the Department of Environmental Affairs called DEDEA and the other is Buyisela/Ndaloyethu concept. Those that are in the DEDEA group each earn R1 600.00 per month and the Buyisela beneficiaries earn R50.00 per day. The Dedea project started in June 2009 and the Buyisela project started in December 2009.
Some of the project beneficiaries were working without protective clothing due to procurement challenges within the Municipality. The Municipality was faced with a challenge of having an old fleet that was as old as 18 years and the Municipality budget could not accommodate the three year tender for the lease of transport. The land fill site used is not a permitted site and a new site given to the Municipality is under land claims and cannot be used until the land claim issue is sorted. The workers asked for an increase in their stipend, for safety boots, vests, gloves and overalls and that the project be extended to be over six months. The KSD Municipality was asked to compile a file with the necessary documentation supporting the challenges they have around acquiring of the landfill site.
4.2.3 Ruze Junior Secondary School
The school was one of the unsafe structures. It was built of prefabricated material and had no windows and as a result most parents took their kids to better schools in the area. The school has 17 teachers and 600 learners. The new structure had 14 classrooms, toilets and a reception room.
The School Principal mentioned that they still needed furniture in the form of desks, chairs, tables, cabinets, security clerk and computers.
The community requested an access road to the T173 road, a traditional council hall and a resident for the Chief of the area with all the resources needed for the Chief to carry out his duties.
Dokodela Senior Primary School at Mhlanganweni location also needs renovations, the school is built in prefabs and it does not have decent and adequate furniture. The school has 175 learners and five teachers who teach Grade R to Grade six.
4.3 Alfred Nzo District Municipality
The Councilors in this District Municipality promised to take a step further in service delivery. There was a concern about the Department of Education not fully utilising their allocated budget which impacts negatively on the community. The Councilors promised to submit a list of schools and the EPWP 2 projects that need attention. A request was made that the rural municipalities should be given more funds for them to speed up service delivery.
4.3.1 Alfred Nzo VIP Sanitation Project This Municipality was placed under an intervention in terms of Section 139 of the Constitution and after the interventions a new Senior Manager for Infrastructure Development and Municipal Services was hired in October 2009.
The district has been divided into seven zone centers where material is produced for the construction of VIP toilets. Two service providers were awarded the contracts, one service provider served five municipalities and the other served two municipalities. This project uses the Municipal Infrastructure Grant (MIG) funds. The District Municipality acknowledged their failure to claim the R 28 million of the incentive grants. The project visited by the Committee employed 150 people and machinery is used to produce bricks, one machine produces 6000 bricks per day. Slabs and toilet seats are also produced on site.
The project beneficiaries earn a stipend of R65.00 per day. There were also labourers who were paid R14.00 per task and that was viewed by the Committee as problematic as there were no clear measures in place to measure a task. The labourers on site did not have protective clothing.
The contractor building VIP toilets was asked to devise a method of changing the staff he employs, staff members should know how many months their contracts would be instead of continuous change which at times would come as a surprise to some of the people working in this project.
4.3.2 Msukeli Arts and Culture Centre
The Msukeli Arts and Culture Centre is a state of the art centre which was built to house different cooperatives and small businesses in the area. The centre was built and funded by the Alfred Nzo District Municipality at a cost of R10 million. The project started in the year 2006 and as time went on, they started to experience problems around management of the centre. The manager of the centre resigned and the community accused her of mismanagement of funds.
The centre owed Eskom and their electricity supply was cut. They can no longer afford diesel to pump the water and as a result most of the facilities in the centre are closed e.g. the restaurant, internet café, the hydroponics’ project, pottery, bead work and sewing centre.
The tunnels used for the planting of tomatoes were destroyed by the storm in 2009. There are 15 staff members who get paid stipends of R500.00, a caretaker who earns R3 500.00 and a gardener who earns R1000.00 per month.
When the project was fully functional, their arts and crafts used to be exhibited in different arts festivals including the Grahamstown arts festival.
On the 17 February 2010 a new board will be elected that will be responsible for the management of this facility.
The Mayor of the Alfred Nzo District Municipality together with the Alfred Nzo Development Agency were asked to assist in the management of the Msukeli Arts and Culture centre until a new board has been elected. The project must be run in a manner that would raise funds for the project and make it self sustainable by reviewing its revenue model from their business plan.
4.3.3 Brooksnek Junior Secondary School
The project started in October 2008 and will be completed on the 31 March
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This was one of the unsafe structures; the first school building was a mud structure which was later changed into a prefabricated structure. By the time of its eradication it was already collapsing and unsafe. The project consisted of 15 classrooms, 26 toilets and an Administration block. Project beneficiaries were trained in bricklaying, plastering and painting.
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Conclusion
The Committee decided that it will do a follow up visit in the Province. The incentive grants given to Provinces under the EPWP 2 were under utilized by the Eastern Cape Province.
Capacity problems were noted in the Municipalities and in the Provincial Department of Public Works as this was also proved by the inability to fully utilise the incentive grants of the EPWP 2 programme. The Committee Chairperson emphasised government’s commitment in fighting poverty, rural development and ensuring good education for the children of our Country.
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Recommendations
• The Committee recommends that the social protection and community development cluster which comprises of a number of Government Departments should take into consideration and act upon the situation of the people of Ngcingcinikhwe village in Ndabakazi, Butterworth.
• The Portfolio Committee on Public Works recommends that this report be adopted as the record of the House, the findings on it must be considered by the Eastern Cape Provincial Department of Public Works and the National Department of Public Works for improvement on the implementation of EPWP 2 projects. Municipal projects to be monitored and municipalities are encouraged to report on their EPWP projects and communicate their challenges in writing with the Provincial Department of Public Works.
Report to be considered.