WEDNESDAY, 19 MAY 2010 __

          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
                                ____

The Council met at 14:03.

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

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

                          NOTICES OF MOTION

Mr F ADAMS: Chairperson, I hereby give notice that on the next sitting day of the House I shall move:

That the Council —

 1) notes that two senior officials at the Companies and Intellectual
    Property Registration Office, Cipro, have been formally suspended
    over their involvement in granting a suspect R153 million tender
    last year and that the department is in a process of cancelling the
    fraudulent and sinister contract;
 2) takes this opportunity to congratulate the Trade and Industry
    Minister Rob Davies for his stern action against corruption and
    fraud in his department; and

(3) urges the Minister to heed President Jacob Zuma’s call to ensure that cases of corruption receive utmost priority in order to send a clear message to those who continue to dig their hands in the public purse and manipulate government processes to enrich themselves and their cronies that their selfish deeds will not be tolerated and they have no place in this government.

Mr H B GROENEWALD: Chairperson, on the next sitting day of the Council the DA shall move:

That the Council —

 1) notes the unacceptable way in which the Department of Police spent
    their budget during the previous 4 years, namely —


       a) in the 2006-07 financial year R448 million was spent on 7 new
          police stations and 3 buildings had been renovated;


       b) in the 2007-08 financial year R727 million was spent on 1 new
          police station and 3 were renovated;
       c) in the 2008-09 financial year R939 million was spent on 1 new
          police station and 5 were renovated; and


       d) in the 2009-10 financial year R1,1 million was spent on 2 new
          police stations and 1 was renovated;


  2) further notes that a total amount of R3,2 billion has been spent
     in 4 financial years and only 23 police stations have been built
     and/or renovated; and


(3)     calls for an immediate investigation into this matter.

The CHAIRPERSON OF THE NCOP: Hon member, order! Order! Hon member, I am not sure that is a notice of a motion. I mean it is a notice of a motion. We are going to discuss the Budget Vote. You can participate in the Budget Vote in that regard. I am not too sure that is a notice of a motion.

Mr B A MNGUNI: Chair, I give notice that on the next sitting day of the Council I shall move:

That the Council –

  1) notes that a faction of the flagging Congress of the People led by
     one of its, leaders Mosiuoa Lekota, released a statement yesterday
     alleging that the party’s parliamentary Chief Whip Mbhazima Shilowa
     not only misused the allocated portions of the R20 million
     parliamentary grant allocated to support the party’s parliamentary
     work, but has also solicited and abused some of the funds for
     personal battles within Cope; and

(2) takes this opportunity to reiterate its call to Parliament and the Secretary to Parliament to institute a formal inquiry into these allegations.

Mr D V BLOEM: Chairperson, I give notice that on the next sitting day of the Council, I shall move:

That the Council —


 1) notes, with astonishment, that the ANC Youth League is unable to
    hold democratic elections, as was made manifest in Limpopo and over
    the weekend in the Eastern Cape;


 2) notes further that in Limpopo things became so chaotic that police
    had to be called to the meeting to restore order and that some
    senior ANC Youth League officials were criminally charged for
    allegedly stealing conference documents;


 3) believes that this bad example is negatively influencing politics
    in our country; and
 4) calls on government to take measures to introduce electoral reform
    to safeguard government from political micromanagement and to
    instil democratic values in the youth of this country.

Ms E C VAN LINGEN: Chairperson, I give notice that on the next sitting day of the Council, I shall move:

That the Council –


 1) notes that the department of health in the Eastern Cape has fallen
    behind in previous financial years with occupation-specific
    dispensation, OSD, and human resource translation of posts, HRTOP,
    payments to medical professionals;


 2) notes that the image of the Eastern Cape department of health is
    almost synonymous with poor management, poor payment to staff and
    poor financial management;


 3) further notes that a turnaround is needed in this department with
    adequate financial support and calls on the Minister of Health to
    intervene;

 4) realises that a number of these professionals have taken this
    department to court and it was ruled that these payments be made
    within a certain period, but the department has fallen so far
    behind with these payments that the Minister of Health was
    approached in this regard;


 5) recognises that the Eastern Cape department of health cannot
    operate without additional funding, based on the small operational
    budget allocations of only 25% of the budget for goods and services
    and only 70% allocated to staff and the lack of drugs; and


(6)     calls on the Minister of Health to investigate whether the
    transfer of funds from the national department to the provincial
    department has occurred.

The CHAIRPERSON OF THE NCOP: Hon member, your time has expired. Your motion will be printed in full on the next Order Paper.

Mr M J R DE VILLIERS: Chairperson, I give notice that on the next sitting day of the Council, I shall move:

That the Council –


 1) notes that the national leadership of the ANC Youth League took
    over the running of the Western Cape Youth League branch due to bad
    administration and other misconduct by the said branch;


 2) notes further that this culminates from the bad situation and
    character in the failure of the ANC structures in the Western Cape
    due to factionalism within the ANC and the fight between the Thabo
    Mbeki and Jacob Zuma groups in the province and nationally in the
    ANC;


 3) believes that the ANC will struggle for many years to come with
    these problems because they don’t have the political will to
    address the problems openly and responsibly; and


(4)     further believes that the ANC will have no strong arm to fight
    the coming local government elections in 2011 and the DA will win
    most of the councils next year.

Mr O DE BEER: Chairperson, I give notice that on the next sitting day of the Council, I shall move:

That the Council –


 1) notes, with shock, that President Zuma is only now shocked at the
    conditions under which people live in informal settlements like
    Sweetwater;


 2) notes that members of government are so cocooned in layers of
    comfort that they are no longer in touch with the reality on the
    ground;


 3) believes that government never meant to honour its promise of
    either a better life for all or that together they would do better;
    and


(4)     calls on government to put its money where its mouth is and to
    implement immediate and visible measures to alter the circumstances
    of people living in informal settlements like Sweetwater.

        SUICIDE OF CONSTABLE C MABASA AND KILLING OF HIS WIFE

                         (Draft Resolution)

Mr M H MOKGOBI: Chairperson, I move without notice:

That the Council —

  1) notes that a police officer, Constable C Mabasa, shot and killed
     his wife and critically wounded his 16-week pregnant sister-in-law
     who had been living with the couple in Cosmo City near Randburg on
     Monday, 17 May 2010;

  2) further notes that the police officer who was admitted ``fighting
     for his life’’ at Milpark Hospital has since passed on and his
     sister-in-law is still fighting for her life at Chris Hani
     Baragwanath Hospital;

  3) takes this opportunity to condemn in the strongest possible terms
     this incident and other police suicides and family murders that
     have left countless numbers of children without parents and with a
     lifetime of trauma and wishes the sister-in-law a speedy recovery;

  4) calls on all police officers to use all the available psychological
     and family support and counselling services within the police
     force; and

  5) further calls on the Minister to look at other mechanisms that will
     encourage or make it mandatory for officers who have experienced a
     violent or traumatic experience or who show signs of distress, to
     receive counselling.

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

       TAXI INVOLVED IN ACCIDENT ON N2 AND BADEN POWELL DRIVE

                         (Draft Resolution)

Ms M P THEMBA: Chairperson, I move without notice:

That the Council —

 1) notes that 12 passengers suffered serious injuries when their taxi
    was involved in an accident on the N2 and Baden Powell Drive in the
    direction of Somerset West in Cape Town;


 2) also notes that the driver was carrying 27 passengers instead of
    the 16 designated for his taxi and provincial traffic authorities
    have confirmed that eNatis records show that the driver had no
    licence and that his learner’s licence expired on 25 February 2010;




 3) further notes that 26 people were seriously injured when two
    speeding minibus taxis collided on the M4 Southern Freeway in the
    vicinity of the Durban International Airport late last night and
    that since the Metrorail strike began on Monday, some taxi drivers
    are reportedly holding communities at ransom and taking advantage
    of stranded commuters by overloading and overcharging them;


 4) calls on all taxi operators to ensure that their drivers obey the
    traffic laws and that they refrain from all sorts of selfish and
    illegal means of extorting desperate and helpless commuters; and
 5) further calls on the MEC for transport and all relevant authorities
    to intervene and make themselves visible in the taxi ranks.

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

  READINESS OF SOUTH AFRICAN POLICE SERVICE FOR 2010 FIFA WORLD CUP

                         (Draft Resolution)

Ms B V MNCUBE: Chairperson, I move without notice:

That the Council —

  1) takes this opportunity to congratulate the demonstration of
     readiness by the South African Police Force to protect all foreign
     visitors and teams that are participating in the most anticipated
     2010 Fifa World Cup;


  2) calls on all communities to rally behind the police and alert them
     when witnessing any element of criminality; and


  3) takes this opportunity to say to the world that we are ready and
     calls all the people of South Africa to raise their national flags
     and blow their vuvuzelas as we rally behind Bafana Bafana and say:
     Ke nako, feel it, it is here and we are ready!

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

                  CONDOLENCES TO PREMIER MOKONYANE

                         (Draft Resolution)

Mr S D MONTSITSI: Chairperson, I move without notice:

That the Council —

  1) notes the death of the brother of Gauteng Premier Nomvula Mokonyane
     who died at the age of 62 at the Charlotte Maxeke Johannesburg
     Academic Hospital;


  2) further notes that Mr Oliver Mkhize was admitted to the Dr Yusuf
     Dadoo Hospital in Krugersdorp, west of Johannesburg, with heart
     complications and he was later transferred to Charlotte Maxeke
     Academic Hospital in central Johannesburg where he sadly passed
     away; and


  3) takes this opportunity to convey its profound condolences to
     Premier Mokonyane and her family.

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

          DEATH OF LEGENDARY SPORTS WRITER, RODNEY HARTMAN

                         (Draft Resolution)

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

That the Council —

  1) notes with profound sadness the death of legendary sports writer
     Rodney Hartman, who died after his long and courageous battle
     against leukaemia at the Linksfield Clinic yesterday;


  2) takes this opportunity to pay tribute to Hartman for his
     contribution to our country’s media, especially in advancing sport
     broadcasting and analysis;


  3) acknowledges that Hartman spent a year in the navy before starting
     his journalism career with the SA Press Association, Sapa, in
     Johannesburg and went on to write three biographies — on world
     boxing champion Brian Mitchell, cricket captain Hansie Cronjé and
     Ali Bacher;


  4) recognises that Hartman also covered the beginning of the anti-
     apartheid movement’s sport protests from Sapa’s London office,
     before joining the Sunday Times, where he was that paper’s sports
     editor and later became the inaugural sports editor of The Sunday
     Independent;


  5) further notes that Hartman was first a specialist sports writer for
     the entire Independent group of newspapers, which publishes The
     Star, and went on to occupy various executive roles, culminating in
     his appointment as group sports convenor; and


  6) takes this opportunity to convey its profound condolences to his
     wife Carien, three sons, Justin, Oliver and Scott and daughter,
     Emma.

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

              BLUE BULLS RUGBY MATCH AT ORLANDO STADIUM

                         (Draft Resolution)

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

That the Council —

  1) notes that the Blue Bulls will play the Crusaders in a Super 14
     semi-final rugby match at the Orlando Stadium in Soweto;
  2) further notes that it will be the first time that a rugby match
     will be hosted in a soccer arena in Soweto, namely Orlando Stadium;



  3) recognises that this showcase will bring lots of promising
     opportunities to the people in Soweto and the executive of the
     Orlando Stadium now and in future organised planned matches; and

  4) wishes the Blue Bulls good luck and supports that they will end the
     match as the winners of the semi-final of the Super 14 rugby
     competition.

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

The CHAIRPERSON OF THE NCOP: I am sorry, but the time for motions has expired. I will give one to the Chief Whip. Mr Bloem and Mr Harris wanted to move, but the time for motions has expired. Are they important motions? [Interjections.] I will give you one minute just for those two motions.

                    CONDOLENCES TO DREYER FAMILY

                         (Draft Resolution) Mr T D HARRIS: Chairperson, I move without notice:


That the Council —

  1) notes that DA MP Anchen Dreyer lost her brother Frans when the
     airline flying from Johannesburg to Tripoli crash-landed last week;
     and

  2) extends its heartfelt condolences to the Dreyer family and
     especially Frans’s wife Estelle and his two daughters Lisa and
     Marie.

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

INTERVENTION BY DEPARTMENT OF CO-OPERATIVE GOVERNANCE AND TRADITIONAL
             AFFAIRS IN RESPECT OF FAILED MUNICIPALITIES

                         (Draft Resolution)

Mr D V BLOEM: Chairperson, I move without notice:

That the Council —

  1) notes, with serious concern, how the Department of Co-operative
     Governance and Traditional Affairs has had to intervene in terms of
     section 139(1)(b) of the Constitution in respect of more and more
     failed municipalities;

  2) also notes that allegations of corruption, maladministration and
     poor service delivery are common themes and that looting, not
     governance, is characterising many municipalities;


  3) believes that this is a matter of national crisis; and


  4) calls on government to introduce amendments to the Local
     Government: Municipal Finance Management Act to better regulate the
     supply chain management and to introduce greater accountability and
     transparency before local government collapses in its entirety.

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

The CHAIRPERSON OF THE NCOP: Mr Watson, I have seen the note that you have sent to me. Can I come back to you and rule on this one tomorrow? I just want to check the Rule to see whether this is a substantive motion that should be moved or a motion without notice. I want to ensure that my ruling is proper and correct. The member of the DA can raise this in a debate if he wants to. We are debating the issues of departments today.

RECOMMENDATION TO APPOINT ADV MODIBEDI ERIC PHINDELA AS SECRETARY TO THE NCOP

                         (Draft Resolution)

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

That the Council, on the recommendation of the Rules Committee after
consideration of the need to ensure stability of the administration of
the National Council of Provinces, appoints Adv Modibedi Eric Phindela
as Secretary to the NCOP with effect from 1 June 2010.

Question put: That the motion be agreed to.

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

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

                         APPROPRIATION BILL


                           (Policy debate)

Vote No 24 — Police: The MINISTER OF POLICE: Chairperson, Deputy Minister of Police, Mr Mbalula, chairperson of the select committee, Mr Mofokeng – I didn’t see him here today. Is he here? Oh yes …

The CHAIRPERSON OF THE NCOP: He is very much here.

The MINISTER OF POLICE: Hon members of the NCOP, staff in the Ministry, distinguished guests, ladies and gentlemen, 2010 is the year of action of ensuring that all people in South Africa are, and feel, safe. As declared by the President of the Republic, His Excellency Jacob Zuma, on the occasion of the state of the nation address, government shall accelerate service delivery. He further made a commitment that the work of government will be measured according to outcomes. To that extent the Justice, Crime Prevention and Security, JCPS, cluster’s job is to ensure that all people in South Africa are, and feel, safe in their homes, places of work and businesses, whilst they carry on with their lives. In this context, “people” refers to all law-abiding citizens.

Today, we want to announce the commencement of the process towards the realisation of the imperative of the Constitution of creating a single police service. Section 205(2) of the Constitution says:

National legislation must establish the powers and functions of the police service and must enable the police service to discharge its responsibilities effectively, taking into account the requirements of the provinces.

Section 205(3) says that:

The objects of the police service are to prevent, combat and investigate crime, to maintain public order, to protect and secure the inhabitants of the Republic and their property, and to uphold and enforce the law.

We have tasked the Secretariat of Police to investigate the feasibility of implementing this constitutional imperative. We are mentioning this to sensitise all people in our country that, indeed, the work has started. We are, however, under no illusion that this is not going to be a protracted process, but we are committed to it, and achieve it we will.

We need the creation of a new kind of a police officer in order to fight crime and fight it effectively. We need to recruit the right calibre of police officers. Whilst fitness and the ability to operate firearms are some of the essentials, it is in essence discipline, upholding the Constitution, defending the weak, enforcing the law and being generally upright that should constitute the defining core values of the police. We have in the past year accelerated the issue of recruitment of police members.

Any police organisation requires capable, innovative and upright leaders to guide its personnel. To this end, we have appointed new leadership to take charge of the SAPS. We have put in place a new National Police Commissioner, Gen Bheki Cele, to provide general operational leadership guidance and direction of the SAPS. We have also reinforced our intelligence arm with the appointment of Lt-Gen Mdluli as divisional head. As government, we took a stance to fight crime and fight it toughly and smartly.

To realise this objective certain steps have been undertaken. Amongst these is the transformation of the police ranks to ensure clear lines of command and control, whilst instilling a sense of discipline amongst the members. We are under no illusion that a mere change in ranks will automatically lead to a dramatic decline in crimes. The change is but part of a bigger approach in transforming the SAPS, with an emphasis on enforcing the highest form of discipline within the Police Service, also from the point of view of retraining and reskilling the police according to have respect for their peers, their commanders and society in general. It is important to emphasise that the change in the police ranks is an operational matter and has no constitutional implications whatsoever.

Section 199(1) of the Constitution talks to the Police Service and section 207(1) of the Constitution speaks to the national commissioner and this will continue to be the case. There is therefore no desire from anybody amongst us to tamper with the policy underpinnings that inform our approach to policing. The issue of how we mobilise and galvanise the material and attitudinal resources of the police to help to enhance discipline, instil confidence and resolve, and uplift the morale within the ranks, does not and should not be interpreted to mean or suggest policy reorientation.

Transformation should not be viewed in isolation from the other pillars of our strategy, which are strengthening partnerships with the communities, making life difficult for criminals, utilising intelligence as a nerve centre of policing and strengthening the legislative framework, particularly the oversight of the Independent Complaints Directorate and the civilian secretariat.

In the fight against criminals we shall take no chances with the lives of police officers. We shall also not allow abuses by individual police officers to go unchallenged. To address this, we have also strengthened the Independent Complaints Directorate, ICD, by appointing Mr Beukman in August 2009 as its executive director.

The Directorate for Priority Crime Investigation, DPCI – also known as the Hawks – is currently made up of 2 633 members. We have already appointed deputy provincial commissioners in eight of the nine provinces and additional personnel are currently undergoing vetting. In their short existence, the Hawks have already scored successes in a number of fields. On 6 July 2009, 287 projects from the former Directorate of Special Operations, DSO, were transferred to the DPCI. The SAPS now has an effective process to deal with organised crime projects investigations, OCPI.

Concerning organised crime, the Hawks have registered 3 850 arrests, with 573 convictions. Concerning commercial crimes, there have been 8 186 arrests, with 4 960 convictions. Concerning the number of people who have been profiled and targeted – the top 50 most wanted criminals – the Hawks have, since December last year, arrested 28 criminals so far and the work is in progress.

A drug laboratory with drugs to the value of R200 million was recovered in an operation in Midrand in August 2009. A transnational drug bust recovered drugs to the value of R600 million in Phoenix in September 2009. A drug lab to the value of R1 billion was discovered in December 2009. Other drug busts include the arrest in Kempton Park in February 2010 of a school teacher in possession of ephedrine to the value of R35 million. In March 2010, a drug lab in Benoni was closed down and drugs to the value of R5,4 million were seized. These are some of the successes the Hawks have scored in the past few months since their existence.

We are in the process of strengthening the fight against crimes against women and children. To this end we have ensured that we are re-establishing the family violence, child protection and sexual offences, FCS, unit. A deadline has been set for 1 June 2010 for all vacant funded posts to be filled, while the FCS units need to be fully operational by 1 April 2011. We are happy to announce the appointment of Lt-Col Bafana Peter Linda to head this unit. Having been based in the UK, where he acquired extensive expertise in the field, we believe he will be a valuable asset.

Concerning rural safety, we have interacted with a variety of community organisations, political organisations and so on from a wide spectrum of ideological backgrounds. We have put the rural safety plan before the nation. What we are waiting for is for everybody to interact with the plan, to strengthen it where they think it is weak before we start implementing it. This will allow the SAPS to get down to where people are on the farms and ensure that life is safe there.

On the issue of the World Cup, we are adequately prepared. As the member has said: “Feel it, it is here”. We are ready. Our readiness ranges from personnel to state-of-the-art equipment, ICT and co-operation with the security agencies from all the 31 participating countries.

Furthermore, at the beginning of March 2010 in Zurich in Switzerland, we presented our comprehensive security plan to all the police chiefs, police experts and everybody who deals with security matters. The plan was given resounding approval by all the participating countries.

In ensuring that we keep in touch with the people, we have also crisscrossed the country, interacting with community structures, especially the community police forums. We have also been able to deal with various issues, such as drug abuse with an emphasis on kingpins, the proliferation of firearms and other social crimes.

Most of these communities affirmed their support for our programmes and expressed their belief in government. They even raised issues falling outside of policing, thus underlining the point of an integrated approach as government in the fight against crime.

In relation to the Private Security Industry Regulatory Authority, PSIRA, a council was appointed which is chaired by Mr Thula Bophela and it started operations on 1 January 2010. In the near future we will also be tabling legislation around PSIRA, particularly regulating the industry itself. A consultation process with the relevant stakeholders has already begun. We intend to make sure that the private security industry conforms to the necessary standards, and displays the accountability and openness that is required. We also seek to bring the regulation of the industry in line with international norms and best practices.

Despite the successes that have been achieved there are a number of challenges that we face and which are being addressed by the department. The forensic science laboratories, FSL, for instance, have decreased their backlog from the 2008-09 financial year to the 2009-10 financial year by 14% and are planning to decrease the backlog by a further 20% by 2010-11.

However, we have recognised that the current functioning of the FSL is far from ideal. To address this, we are currently in a process of engaging international and local experts with a view to assisting us in transforming the FSL into a world-class unit.

2010 is the year of action to ensure that all people in South Africa are, and feel, safe. On 30 April 2010 I signed my performance agreement with the President. The overall outcome of this measurement is that, on behalf of the Ministry, I must ensure that all people in South Africa are, and feel, safe. Whilst this is not a task given to an individual, I would, however, be expected to make a valuable contribution within the collective to realise this outcome.

The government, together with the people of our land, remains capable of tackling the challenges that South Africa faces today. Collectively, we have a responsibility to bring about a better life for all. Together with communities, government will ensure that criminals are dealt with severely. This is in line with the Freedom Charter which gave birth to the Constitution of the Republic, which proclaims that: “There shall be peace, security and comfort”. Those who say it cannot be done should not obstruct those who are doing it.

Siyenza ngoku. [We are working now.]

Re a dira janong. [We are now working.]

This is the year of action. I thank you. [Applause.]

Mong T M H MOFOKENG: Modulasetulo, Letona le kgabane le Motlatsi wa Letona. Ke tlotla ho nna ho nka karolo ditherisanong tsa kajeno.

Ke batla ho qala ka hore, kgaolo ya 205 ya Molaotheo wa selemo sa 1996, e fa sepolesa boikarabelo ba ho thibela le ho fuputsa tlolo ya molao, hore ho be le botsitso setjhabeng; ho sireletsa le ho boloka Maafrika Borwa mmoho le thepa ya bona; ho boloka le ho kenya tshebetsong melao ya naha ena.

Boikarabelo ba ditekanyetso tsena ke ho hlokomela hore mohopolo le maano a lefapha a tshehetswa ka ditjhelete ho phethahatsa boikarabelo. Ho na le dibaka ka hara naha ya rona tse hlokang polokeho, hobane ha ho na dikantoro tsa sepolesa; haholoholo dibakeng tsa rona tse mahaeng.

Re thoholetsa lefapha ka mekutu eo le e entseng, ho aha le ho lokisa tse neng di le maemomg a sa lokang, moo ho neng ho le bobebe hore batshwaruwa ba balehe, le tseo di sa ntseng di tlo ho ahwa di bolokehe mme di kgone ho amohela le batho basa itekanelang.

Batjha ba naha ena ba bangata ba iphumana ba sa sebetse ha ba qeta ho bala sekolong. E se e ka sepolesa se ka etsa ka hohlehohle ho nka batjha ba iswe thupellong le kwetlisong ya maemo a hodimo hore ba kgone ho tlo thusa ho lwantshana le botlokotsebe, hobane ha ba sa etse letho ba qetella ba etsa diketso tsa tlolo ya molao.

Ditekanyetso tsena di tlamehile ho arabela bofokoding bo teng sepoleseng, bo amanang le ho ajwa ha mehlodi twantshong ya bosenyi. Sepolesa se tlamehile ho aba batho ba nang le bokgoni ba tsamaiso le ho fuputsa dibakeng tseo ba hlokehang ho tsona. Dikoloi le tsona di tlamehile ho ya dibakeng tseo tlolo ya molao e atileng ho tsona, mme le mahaeng di tlamehile ho iswa.

Ditekanyetso tsena di tlamehile ho sebetsana le ho phahamiswa mesebetsing ha mapolesa ho ya ka bokgoni ba bona ba ho sebetsa le hore ba fumane meputso e hantle, e tla etsang hore ba se ke ba amohela tjotjo ho tswa mashodung, ba leka ho phetha mabaka ka lebaka la meputso e tlase.

Ditekanyetso tsena di tlamehile ho arabela diphetohong tse tlamehileng ho ba teng sepoleseng, maemong a hodimo a tsamaiso ya sepolesa. Batho ba batsho, Maindia le ba mmala ba tlamehile ho bewa maemong a hodimo a taolo ho ya ka thuto le bokgoni ba bona, e le ho fetola maemo a siilweng ke kgethollo. Batho ba bomme ka ho kgetholleha le batho ba nang le diphephetso mmeleng, le bona ba tlamehile ho fuwa menyetla ya bona.

Ditekanyetso tsena di tlamehile ho thusa mapolesa a nang le nnete, a sebetsang ka botshepehi, ho ntsha ka hara bona bana ba se nang botshepehi, ba nang le dikamano le mashodu. Ho ba le dikamano le mashodu e le mapolesa ho ba etsa mashodu le bona, mme ba tlameha ho ntshuwa sepoleseng, hobane ha se mapolesa ke mashodu. Ba thusang batshwaruwa ho baleha ditlamong; ba utswang ditokomane le dithunya tsa mosebetsi; ba fang mashodu lesedi hore na dithibella tsa mebileng di etsuwa kae, ba tlamehile ho ntshuwa sepoleseng, ha ba na sebaka.

Ditekanyetso tsena di tlamehile ho fana ka kwetliso le thupello e hodimo ho sepolesa hore ba kgone ho etsa mosebetsi o phethahetseng, ba iswe mafatsheng a mang, ha ho kgoneha, hore maemo a bona a tshebetso a phahame.

Kgethollo eo ho tletlejwang ka yona sepoleseng e tlamehile ho fela, hobane re batla ho aha setjhaba se sa kgetheng batho ho ya ka merabe. Diforamo tsa setjhaba tsa bopolesa di tlamehile ho matlafatswa di thuswe ho kgobokanya setjhaba sa rona kgahlano le bosenyi, mme di kgothalletswe ho sebetsa mmoho le sepolesa hobane batho bana ba tlolang molao ba dula ka hara rona.

Setjhaba sa rona le sona se hlokomediswe hore ho bolawa ha mapolesa ho fekisa ntwa kgahlano le bosenyi. Molao o tshwanela ho sebetsana hampe le batho ba bolayang mapolesa, ka tsela e tla ba bea maemong a lokileng. Mapolesa le ona a etse ka hohlehohle hore a bolokehe, ka ho apara diaparo tsa bona tse ba sireletsang nakong ya mosebetsi.

Naha ya rona e fuwe monyetla wa ho hlophisa dipapadi tsa mohope wa lefatshe. Mme batho ba tswang mafatsheng a ka ntle ho tla nka karolo, ba tla tla tshehetsa dinaha tsa bona. Boikarabelo bo ho sepolesa sa rona ho sireletsa boemafonane; dihotele; mabala a dipapadi; le dibaka moo batho ba tlang ho boha dipapadi teng.

Mashodu le ona a tlo nka monyetla wa ho rekisa dithethefatsi, ba hwebe ka batho, haholoholo bana, ba tlo etswa diotswa. Ditshoso tse etswang tsa ho phatlola diqhomane ka maikemisetso a ho senya dipapadi ke boikarabelo bo shebaneng le sepolesa sa rona, mme re tshepa hore ba ikemiseditse.

Mmuso wa ANC ke mmuso o hlomphang ditokelo le ho itseka ha basebetsi. Ntwa ya basebetsi, ya nyollelo ya moputso ka nako ena, e tlo sitisa sepolesa sa rona ho tsepamisa maikutlo ho sireletseng bahahlaudi, nakong ya dipapadi. Re ipiletsa ho baetapele, basebetsi le beng ba dikhampani ho buisana le ho dumellana hore nakong ya dipapadi ho se be le boipelaetso ba basebetsi bo tla hloka sepolesa ho shebana le batho ba tsekang nyollelo ya meputso.

Re tshepa hore ho tla ba le tshebedisanommoho pakeng tsa sepolesa sa rona le sepolesa se tswang ka ntle, hore ho be le tshireletso e hantle. ANC e tshehetsa ditekanyetso. Ke a leboha. [Mahofi.] (Translation of Sesotho speech follows.)

[Mr T M H MOFOKENG: Chairperson, hon Minister and Deputy Minister, it is an honour for me to take part in today’s discussions.

I would like to start by saying that section 205 of the 1996 Constitution charges the police with the responsibility to prevent and investigate illegal activities so that there is stability in the country; to protect and keep South Africans together with their property safe; and to protect and keep the laws of this country, in effect.

The purpose of this budget is to ensure that the programmes and policies of the department receive financial support so that the department can fulfil its responsibilities. There are areas in this country which do not have adequate safety and protection because there are no police stations, especially in our rural areas.

We would like to congratulate the department on its efforts to build and fix those prisons that were in a state of disrepair, where it was easy for prisoners to escape from jail. The ones that are still to be built must be safe and should be user-friendly even for the physically disabled.

Many of the youth of this country find themselves unemployed after graduating from high school. It would be a good thing if the department could do everything in its power to recruit the youth and send them for training of the highest order so that they can come back and assist in the fight against crime, because if they don’t do anything they end up committing crime themselves.

This budget is supposed to address the shortcomings in the police department in regard to the distribution of resources in the fight against crime. The department must deploy individuals who have the ability to manage and conduct investigations in areas that have such needs. Police vehicles should also be allocated to areas where there is a high incidence of crime, even in the rural areas.

This budget must address issues of promotion in the Police Service according to the police officers’ abilities so that they are remunerated accordingly, which will help in preventing them from accepting bribes from criminals as a way of supplementing their low salaries.

This budget must deal with the changes that must be introduced in the upper echelons of the Police Service. Blacks, Indians and coloureds must be appointed to high management positions in accordance with their qualifications and abilities as a way of redressing the imbalances of apartheid. Women in particular, as well as the physically challenged, must also be afforded opportunities.

This budget must help honest policemen, who are dedicated, by removing those who are dishonest and who have links with criminals. To have links with criminals whilst being a policeman makes them criminals too. Therefore they have to be rooted out of the Police Service because they are not policemen, they are criminals. Those who help prisoners to escape from jail, those who steal documents and weapons from work, and those who give criminals information about where roadblocks are going to be set up must be removed from the Police Service. There is no place for them.

This budget must be able to provide education and training of the highest order for the police in order for them to be able to perform their duties effectively. They should be sent to other countries, if possible, so that their standard of work can improve.

Complaints about discrimination in the Police Service must come to an end because we want to build a society where there is no discrimination based on race. National police forums must be strengthened and assisted in order to unite our nation against crime, and they must be encouraged to work together with the police because the people who break the law live amongst us. Our people must also be aware that the killing of police officers makes it difficult to fight crime. The law must be particularly harsh on those who kill members of the police, so that the lives of the police can be protected. Police themselves must also try by all means to be safe by wearing protective body armour whilst on duty.

Our country has been given the opportunity to organise the soccer World Cup tournament and people from participating countries will be coming to support their teams. It is therefore the responsibility of the police to provide adequate security at the airports, hotels, sports stadia and venues where people will be watching the matches.

Criminals are going to take advantage of the opportunity to sell drugs, and practise human trafficking, especially with children who are going to be turned into prostitutes. It is also the responsibility of the police to deal with the bomb threats that are made with the intention of ruining the tournament. We hope that they are prepared.

The ANC-led government is a government that respects workers’ rights and their right to protest. The workers’ protests for salary increases at this time are going to disrupt our police’s focus on protecting tourists during the tournament. We appeal to the leaders, workers and business owners to negotiate with the workers and reach an agreement that there should be no strike action during the tournament that will require the intervention of the police as a result of wage increase protests.

We hope that there will be co-operation between our police and those from outside so that there is adequate security. The ANC supports the budget. Thank you. [Applause.]]

Mr A WATSON: Chairperson, hon Minister, Deputy Minister, MECs, special delegates, and hon fellow delegates, for us as delegates from the rural provinces, normal life goes hand in hand with nature conservation and the preservation of our wonderful range of game species and their protection against ruthless criminals.

Two nights ago on the evening television programme 50/50, information shared indicated that, during the past year alone, ruthless criminals have brutally killed 75 rhinoceros to fuel their greed for illegal income from the international trade in contraband rhino horn. Particularly encouraging is the proactive efforts to curb this form of crime in our country, together with plans to nullify the profitability of the trade in rhino horn by all stakeholders.

I refer to this type of crime and the fight against it to highlight another highly distressing crime in the rural areas, namely farm attacks and the brutal murder of farm dwellers, both farmers and farmworkers. Information from the Minister’s own office is that in the same period that 75 rhinoceros were killed, no less than 794 farm attacks occurred, during which a devastating 86 farm dwellers were murdered in South Africa.

One must ask what is really being done by the police to stop or, at least, reduce such murders, especially if compared with a very commendable and wide-ranging measure implemented to curb the slaughtering of rhinoceros and game poaching. Since 2006 — more than four years ago and even more Ministers ago — the DA has been urging the government to introduce a visible crime prevention unit to replace the commandos which were unilaterally disbanded and removed from the rural areas.

Many promises have since been made in regard to an increase in visible police presence and the deployment of reservists in rural areas. Of this, very little has come thus far. On the contrary, whilst cities and urban areas are flooded with police and SAPS vehicles, smaller towns and rural areas still suffer from a shortage of infrastructure and particularly crime- combating vehicles.

I often drive past the SAPS depot in Middelburg, Mpumalanga, where a multitude of brand-new SAPS vehicles have been parked for many weeks now, unmoved and gathering dust, to the point where it is no longer clear whether these were white vehicles or perhaps grey, brown or black. I am happy to today hear from the Minister that under his leadership new measures have been instituted, and we wish him well in this endeavour.

However, I must ask, Chairperson, how the Minister explains such a build-up of unused reserve vehicles in the face of a severe shortage of transport to facilitate the important work of the police in the rural areas, whilst he is embarking on increased security measures in the same areas. When will the police be properly empowered to do their work in the rural provinces, and when will we see a working solution to combat crime in our farming communities?

Whilst speaking of Mpumalanga, let me highlight another problem that is sorely hampering the effective work in that province, my province. I am referring to the moving of the SAPS provincial headquarters from Middelburg to Nelspruit. This move must, of course, be supported from the point of view of having the SAPS head office in the capital of the province, but then better forward planning would have been expected from the department. When you move a head office, you make sure that you don’t have debt that you leave behind. You make sure that plans are made in the new quarters where the head offices will be housed, and you make sure that everything is in place.

My information is that the offices that were occupied in Middelburg have long leases, and they are now standing empty. In one instance, a new building was built with a 21-year lease secured by the SAPS, and it is now standing empty whilst some of the police officers in Nelspruit are working from the corridors of the offices. Estate agents tell me that they are inundated with calls from SAPS officials asking for accommodation somewhere in Nelspruit.

Let me end, Chair, by going back to the problem of rural security and refer you to a document – and I hope that the Minister has actually studied and read what I will refer to now before he embarked on his own measures. That is the strategy of the DA, as outlined by our leader, Premier Helen Zille, on 6 April 2010. In that delivery, she emphasised strategies that we proposed. You see, that is the normal reaction, but the ANC continually says that people should not criticise but come up with plans. When I put the plan on the table, a senior officer of the ANC laughs.

However, Minister, I hope that you are listening. The measures that we ask you to introduce, and please give me a minute, are measures to strengthen stressed sector policing in the rural areas, the establishment of a specialised border and rural safety division, the establishment of rural intelligence centres, the facilitation of sufficient resources for SAPS stations, rural safety initiatives and the creation of the posts of divisional commissioners to co-ordinate and lead these structures.

Time constraints have stopped me from going into the details of these, but it is available for anybody to study and, after all, Chairperson, as I said, we are not here to criticise only; we offer a solution. I hope you have read it, Minister. Thank you. [Applause.]

Mr M W MAKHUBELA: Chairperson, hon Minister and Deputy Minister, I would like to start with the Smart policing strategy. Police strategy and management have to answer serious challenges. Through Smart policing, the department can achieve improved crime control, better service delivery, and cost-effectiveness. Smart policing stands for policing that is strategically managed, analysed, researched, and technology-based.

To begin with, police must do two things: protect and have a relationship with the public. The public must also do the same thing. It is not only the police that must have a relationship with the public. In order to achieve this Smart policing, the following programme is proposed: a new style of community policing, hot spot policing, problem-oriented policing, and crime mapping. In the United States of America, they are already ahead of us.

We need to protect the local communities from crime and violence. This has to begin with housing infrastructure. The concept of cohousing must seriously be considered by the department. Our government must also create a fusion centre where intelligence, information and data are given in order to solve crimes.

Let us come to Home Affairs, and the issue of corruption. We need to have a project. We should have the police there, in terms of five or six officers, so that when officials see them, they won’t commit this type of corruption. On the issue of education, it should be seen as a lifelong learning activity for police officers. It must strengthen the police time and again.

Posts are not filled, as you have said, Minister. If you cannot get a suitable person, just hire a person on contract, as this will keep the work of the police going.

Minister, I would like to congratulate you on the preparations for the 2010 Fifa Soccer World Cup. Really, when you see the national commissioner … I call him General Squeeze. We want him to squeeze all the crime from the cocoons and caves, so that these criminals must come out and be arrested. [Applause.]

This past Sunday, I saw the television programme Duty Calls. That programme, Minister, is fantastic. It must go right around the country, as they are doing, and the presenter …

… is tweetalig. Sy kan Afrikaans uitstekend praat. Hou aan, Minister. Ons sê baie dankie daarvoor. [Applous.] [… is bilingual. She speaks excellent Afrikaans. Keep it up, Minister. We thank you for it. [Applause]]

The CHAIRPERSON OF THE NCOP: Order! Who is out of order? There is no person speaking.

Mr D V BLOEM: Chairperson, it’s a point of order. I want the Minister to tell me what he gave this general. Maybe there is something. [Laughter.]

The CHAIRPERSON OF THE NCOP: No, that’s not a point of order. Take your seat, hon member. [Laughter.]

Mr M G E WILEY (Western Cape): Chairperson of the NCOP, I’m grateful for the opportunity to speak in this debate. I’m delivering a speech on behalf of MEC Lennit Max who is unfortunately with the Premier this afternoon. He has asked me to come and speak to you instead.

Hon Minister, Deputy Minister of Police, hon MECs, hon members of the NCOP, and members of the SA Police Service, SAPS — I don’t see too many of them here — I want from the outset to congratulate the Minister on the standard of the readiness parade held recently in Cape Town. As with any red-blooded South African, we were all very proud to see both the person power and resources that were on display. We wish you and all members in uniform the best for the very onerous task they are going to have next month in keeping both the citizens and the visitors to South Africa safe during the World Cup. You have our greatest support in that regard.

Recently, the Minister focused on employing the right kind of police officer, a different kind of police officer in the SA Police Service, SAPS. The hon Minister said, and I quote:

In order to fight crime and fight it effectively, we need to recruit the right calibre of police officer. Whilst fitness and the ability to operate firearms are some of the essentials, it is discipline, upholding the Constitution, defending the weak, enforcing the law and being generally upright that should constitute the defining core values of the police.

I concur wholeheartedly in this regard, and would like to applaud the Minister for taking this particularly strong view. It is indeed true that we need men and women in the Police Service who are proud to wear the blue uniform and are willing to serve the people of South Africa irrespective of their rank and stature.

However, the appointment, reappointment and promotion of police officers are largely closed processes which only the national head of police is privileged to perform. I wish to propose that the provincial members of the executive committee and other important stakeholders in the safety, security and justice cluster be granted some, even if limited, say in this process. This will ensure that fit-for-purpose appointments and promotions across the board will be embraced in the SAPS to further ensure the efficient and effective functioning thereof, especially in the provinces where they have to serve.

The hon Minister has also indicated that discipline will be reignited in the force. This is of critical importance, as ill-discipline is rife within the SAPS, especially among junior officers. It is exactly here where a major challenge lies for management as the majority of South African citizens will only ever come into contact with a junior officer at a community service centre or while they are patrolling our streets. It is exactly these first contacts within the Police Service that must have the most discipline to render a helpful and friendly service to citizens even though they sometimes do not deserve it. First impressions count.

Discipline at the lowest levels of the Police Service must be reignited and restored, and rightly so, to its former state in order to deliver the kind of service that our people are mandated to uphold in the Constitution of our country. It is at the training academies that the greatest effort in quality and professionalism must be made, as those academies are where the foundation for our officers’ future careers is laid.

The SAPS needs more resources, especially infrastructure. Nearly 16 years into our new democratic dispensation, people still walk long distances to their nearest police stations. In a particular case, a woman was recently raped on her way to the police station to report a rape which had just happened to her. This situation is truly unacceptable. We need more satellite stations and more contact points in South Africa, especially in the Western Cape.

I’m particularly shocked to hear that the SAPS spent over R2 billion in the last two years to build just three police stations and to upgrade only six. In Ocean View, which is one of my areas of responsibility, they have had, for the last 18 years, a temporary police station where the 13 store is so overcrowded that it is impossible to catalogue the evidence, and the door cannot open more than half a metre.

Speaking of buildings, it is simply a disgrace that residences for SAPS personnel such as Parkhof in Kenilworth have been allowed to deteriorate to such an extent that the Cape Town City Council may well condemn the building totally. One realises that maintenance is a Department of Public Works function, but as an employer, the SAPS should not be standing idly by while its personnel are effectively living in squatter conditions which they also have to pay for on a monthly basis. The state cannot afford to become a slumlord.

Also of concern is the formula used to inform the manpower plan at police stations. Does it keep pace with the population increase? I use as an example the Hout Bay Police Station where the 2001 Census was used as a benchmark for the policing plan. The population has almost tripled since then, and yet the station is still at the level at which it was when it was refurbished just after 2001.

Another issue of great concern is the current status of the forensic science laboratory services in South Africa. A report by the Auditor- General completed in November blamed a lack of staff, low staff morale, “a total disregard” for occupational safety laws, and a lack of backup power resulting in spoilt samples for backlogs of several years that set back the fight against crime. The report found that in August 2009, the backlog in routine toxicology cases stretched back six years, in Johannesburg five years in Cape Town and four years in Pretoria.

Much like the controversy surrounding accurate figures and crime statistics, we have no clear picture of the true figure of outstanding cases mounting in a massive backlog for forensic science laboratories. The official figures are somewhere in the region of 12 000. However, some reports suggest that in the Western Cape alone, this backlog may be 18 000 cases. Whichever of these figures are true, whether the former or the latter, it is far too much and truly a crisis.

The hon Minister announced that the forensic science laboratories had decreased their backlog in 2008-09 by 14% and are planning to decrease the backlog by a further 20% this financial year. This is good, but too little. We must understand that these backlogs have a severely negative impact on the whole criminal justice cluster, as well as the broader public morale. These laboratories play a pivotal role in the linking of perpetrators to crime scenes. When forensic labs face protracted delays, this actively hampers police investigations, delays court cases and, in turn, disrupts the effective operation of the criminal justice system.

Victims of violent sexual crimes in particular are entitled to feel that the state will do all in its power to catch the perpetrator and also to reassure them that this particular category is taken seriously through efficient and quick processing of evidence. A question should be asked: Why must victims live in fear for years because the state is dragging its feet and lets the dangerous accused out on bail?

This matter has an especially detrimental effect here in the Western Cape where drugs and gangs go hand in hand. This is more prevalent in this province than anywhere else in the country. The successful prosecution of drug-related cases is solely dependent on evidence proven by forensic science laboratories. Without the effective and efficient functioning of this critical service, the massive challenge posed by drugs in the Western Cape will never be successfully combated. Cases get postponed and eventually thrown out because of a lack of evidence. Therein lies the truism that justice delayed is justice denied.

In conclusion, the South African criminal justice system is in fact in a crisis. The police play a role in that regard. It is characterised by blockages, many of which cause delays in other parts of the criminal justice pipeline. The system, stretching across the department of safety and security and the Departments of Justice and Constitutional Development and of Correctional Services, has never been a unified one. I would suggest in your tenure that one of your single most successful benchmarks should be to try and unify those three departments. The links between the various departments are weak, and the involvement by any other department, such as welfare, national education and health, that has to play a key role in the prevention of crime is minimised as a result of this logjam.

The SAPS, as well as the South African justice system, need to have a serious rethink in this regard. The game needs to be stepped up, and service delivery must be improved if we want to give effect to the vision of the President of this country, to make South Africa a better, happier and safer place to live in. I thank you. [Applause.]

The DEPUTY MINISTER OF POLICE: Hon Chairperson, Minister of Police, Nathi Mthethwa, chairperson of the select committee, Mr Mofokeng, hon members, SA Police Service management and staff in the Ministry of Police, in the past few weeks the SA Police Service has been engaged in simulation activities throughout the country. These activities were meant to showcase to the South African public and the world at large the preparedness of the Police Service to serve and service the country with regard to curbing any eventualities that might arise during the Fifa 2010 World Cup. Plans were submitted by all provinces to the national office outlining, with all due attention to detail, how South Africa will guarantee a safer World Cup.

We want to assure the country and the world that we are ready for the World Cup. Soccer fans should just bring out the swag in their supporters’ colours, get their vuvuzelas and rehearse their “diski dance” for this august spectacle event.

We are an activist government, dedicated to action and not rhetoric. As the hon President already alluded to, 2010 is the year of working together to speed up effective service delivery to the people. As the SA Police Service, we are saying that together we can do more in the fight against crime. The time to kiss, hug and massage crime lapsed last year; a new cadre police officer took over.

Our message to these criminals who have turned themselves into illustrious warriors of our time is that, just like the mighty Napoleon finally met his defeat, you too are about to meet your Waterloo. We have arrived in full steam to clean criminals off our streets and malls, and to instil fear in their hearts and minds. This is dictated by the nature of the crime we witnessed in the previous years, specifically in 2006. It was so lethally dangerous and aggravating that it resulted in a call by some members of society for military intervention. We then said that we need to sharpen our instruments.

“Washa Tsotsi” is a clarion call to action; an action to dig out a tsotsi from his hiding hole and channel him to prison where he rightfully belongs. It is a clarion call to tsotsis [criminals] to wet their pants before they attempt anything. Throughout last year we spoke and made commitments to the nation that we will sharpen and strengthen any legislative loopholes to rid ourselves of traitors against goodwill in society.

We did say, hon members, that the Independent Complaints Directorate, IDC, should bite; the secretariat should assume shape and the Criminal Procedure Act should be attended to; and a single police force should be ushered in to operate under one command. We expressed our unrelenting commitment to realise a safe country where children are able to play and live a clean life without fear of rape or molestation; a country where women are free to walk at any time of the day or night without fear or abuse. For these reasons, the police should be empowered to fight for the weaker within our society. That’s why we say “asijiki” – forward we go, backward never.

If we are to win this battle, we will need policemen and women who can flank crime and crush it like eggs. The kind of policemen and women we had needed some serious attention to ensure that we were equal to the task. We needed personnel with integrity, a cadre police officer who’ll deliver us from tsotsis. From the 2006 crime backdrop, we invaded the crime space with the ferocity of a cornered bull and the agility of a cat. In this offensive, we were mindful of existing laws governing our country that needed our careful observation while executing our task.

Crime is not a friend of man or woman, but is an enemy of life. South Africa currently has fared well in terms of crime reduction, as showcased by the successful operations during the peak period of the 2009 festive season in particular.

Minister and hon members, credit should be given where it is due. I am humbled to stand here today to congratulate the efforts employed during the 2009 festive season launch of Operation Duty Calls. The police embarked on various visible policing operations countrywide and interacted with communities, business and various organised structures with the objective of intensifying our fight against crime. During this period, we witnessed and experienced a significant decline in various crimes including cash-in- transit heists, armed robberies, housebreakings, robberies and business robberies — particularly business robberies. When we started with our operations, our message to these gun-toting criminals was clear.

The former President, Nelson Mandela, on the occasion of his inauguration said:

A person who does what any other person does, is an ordinary person. A person who does what no other person can do, is an exception, but a person who has done what no other person has ever done, is an institution, a national asset . . . and a hero. This is a person about whom, when he or she dies, we will be able to say that here lies a man or woman who has played his or her role in society.

This quote is fitting today, because we want national heroes and heroines. We want national assets and institutions in our country in the fight against crime. We need a cadre in the fight against crime. We are therefore saying to all members of society that they should stand up and be counted in the fight against crime.

Vital tools that support the implementation of the crime prevention strategies include sector policing, reservists and community police forums. These tools assist in the monitoring and assessment of the police officer. We are in the process of also assisting with the issue of redefining and remodelling the role of community police forums, where they will no longer be tea-ladies and “stuur-boys” [messengers] at the police stations. This will result, among other things, in a national consensus on the structural and operational outlook of these community police forums, including their relations with the provincial government and other stakeholders in the fight against crime. It will do away with inconsistencies and departures from the norm, as is currently the case in the Western Cape.

A national task team was established during the reservists’ summit, to consider employment-related matters and facilitate the recruitment of qualifying reservists as permanent employees of the SA Police Service. Recruitment drives were conducted in all nine provinces and a total of 2 733 reservists were recruited as SA Police Service members and 532 were recruited as the Public Service Act requires.

There are however, some unbecoming expectations harboured by some who failed to meet the minimum requirements. They are now trying to turn this process into a “pass one, pass all” scenario. Our voice in this regard has consistently been loud and clear, that every reservist will be recruited into the SA Police Service based on merit and full compliance with the stipulated criteria.

The tactical response teams are existing in the cluster police stations and in international airports. Currently, there are 711 members trained and deployed in various clusters and airports. They have shown a clear visibility in high crime spots too, especially at shopping malls where these criminals have been mercilessly opening fire and killing innocent people.

This necessitated urgent attention, informed by the fact that 70% of aggravated robberies are committed with firearms or firearms become the weapon of choice. We then adopted a comprehensive strategy to address the circulation and easy availability of these firearms and ammunition. We are also thankful for the support given to the police by Parliament last year in declaring 11 January 2010 to 11 April 2010 to be a firearms amnesty period, through the constitutional powers vested in and accorded to the Minister of Police.

South Africa has a significant pool of illegal firearms in circulation, which contributes to a high rate of serious and violent crime. The sources of these illegal firearms range from being stolen from members of the public to being illegally smuggled into the country through our borders. A lot was achieved during this process with members of the community voluntarily surrendering for destruction licensed firearms through the process prescribed in the Firearms Control Act Regulations, and, also assisted in allowing those who missed the cutoff date for relicensing to license their weapons in terms of the Firearms Control Act.

We are encouraged and happy that 46 262 weapons were received through our police stations as a result of the amnesty period, and that 12 179 of these were illegal and 27 119 were legal firearms voluntarily surrendered. And during this period again 6 964 weapons were confiscated by the police.

Hon members, it should also be noted that some in this society we live in had negative sentiments about this amnesty process. They even went on to encourage people not to heed the call.

Unfortunately for them, South Africans are responsible and cannot be dragged back by those with the evil intention of encouraging a society where a person wields a gun unnecessarily. And our people have responded positively to this particular campaign, by enriching it through their participation, throughout the stipulated period. Thank you very much. [Applause.]

UMntwana M M M ZULU: Sihlalo, mhlonishwa Ngqongqoshe nePhini lakho, ozakwethu amalungu aleNdlu, abasebenzi boMnyango wezokuphepha kuleli lizwe abakhona, ngiyanibingelela.

Sihlalo, umhlonishwa uNgqongqoshe nozakwabo kufuneka bazi ukuthi umbutho wamaphoyisa yiwona ovikela ubugebengu ezweni kanye nodlame olusuke lubhekiswe kwizakhamuzi zakulelo lizwe. Ngiyabancoma ukuthi babhekene nomsebenzi omkhulu wokuphepha kwabo bonke abantu ezweni, ukuvikelwa kwezimpahla zomphakathi, kanye nokuqashwa kwayo yonke imingcele yezwe lethu.

Siyi-IFP siyababongela odadewethu ababuthwe njengamaphoyisa alelizwe, nabafowethu abakhona embuthweni ngokwenza umsebenzi wokuphepha kulelizwe uphumelele. Kunezinto ezithile engithanda ukuzibeka mhlonishwa ukuthi amaphoyisa awekho phezu komthetho, nawo aphethwe uMthethosisekelo wezwe.

Into eyenzeke laphaya ekhaya KwaNongoma, lapho kwahlaselwa khona abantu nabafazi babantu bahanjiswa nqunu emagcekeni. Lokho kwenzeke nakumina uqobo, emzini kababomkhulu - iNkosi yasoSuthu uMangobe - ingonyama yezwe lamaZulu. Lapho bangikhipha khona, ngahamba nqunu. Lokho kuyinto engamukelekile ezweni ukuthi amaphoyisa aziphathe ngalolo hlobo. Ngathi uma ngiya kumphathi siteshi wathi akawaphethe, nawo uma ngikhuluma nawo athi awaphethwe nguyena, aphethwe ePitoli.

Ngithi-ke kufanele nikubheke ukuthi uma singumbutho owodwa wamaphoyisa onoNgqongqoshe oyedwa noSekela Ngqongqoshe oyedwa, kodwa sibe nezinkinga zokuthi laba bantu bangalawuleki. Umnyango wakho kufanele ukubheke ukuthi ngabe labo bantu bangabantu abafanele yini ukugada ukuphepha ezweni ngoba ngibona benezinhloso zabo.

Ngithi ukuziphatha yinto okufanele ibekhona emaphoyiseni, kanti nathi singumphakathi kufanele sisebenzisane ngokubambisana nawo amaphoyisa ekulweni nodlame. Okunye engiye ngikubuke ukuthi njengoba kuthiwa akudutshulwe bese kubuzwa imibuzo kamumva, yinto ezingayenza izigebengu ezifana nalezo ezingenamabheji, nezimoto ezihamba ngazo ezingenalutho, zigqekeze amagede abantu, zingene endlini.

Ngiyazi ukuthi ngeke ngisikhiphe isibhamu bengenzanga izinhlelo ezithile zokuthi ngisikhiphe. Kodwa akufanele siphindwe ngehlazo lokuhamba nqunu ngoba singeke sikwazi ukuzivikela. Lokho kuhlokoloza umphakathi, ngoba ngiyafisa ukuthi umphakathi ubambisane namaphoyisa.

Ngifisa ukuncoma ukuthi laphaya ngakithi kunezigebengu ezibamba inkunzi ematekisini - niphezu kwazo impela. Lokho enikwenzayo kungumsebenzi omkhulu ngoba lezi zigebengu kufanele ziqoqwe ziye endaweni yazo, ngoba akuzifanele ukuhlala nabantu. Ngoba, uma singavikela abantu abafana nalabo ngabe senza into embi kabi. Lokhu angikusho ngoba ngiseqenjini elithize, kodwa ngikusho ngoba noMntwana uZeblon Zulu kuleya Ndlu enye, angakutshela ukuthi yizinto ezenzekayo KwaNongoma lezi.

Siyi-IFP siyaseseka ngokuphelele lesi sabelomalo. Ngiyabonga. [Ihlombe.] (Translation of isiZulu speech follows.)

[Prince M M M ZULU: Hon Chairperson, hon Minister and Deputy Minister, our colleagues who are members of this House and members of the Department of Police who are present here, I greet you all.

Hon Chairperson, the hon Minister and his colleagues are supposed to know that the police force prevents crime as well as violence directed at the citizens of a country. I salute them because they are faced with the major task of ensuring the safety of all the people of the country and protecting public property, as well as monitoring all the borders of our country. As the IFP we congratulate our fellow sisters who are police officers, and the men who are also in the force, for making the duty of policing a success in this country. There are certain issues that I would like to highlight, sir, such as that police officers are not above the law; they are also governed by the Constitution of the country.

What happened there at my hometown in KwaNongoma, where people were attacked and other people’s wives were made to parade outside naked, happened to me too. In the homestead of Mangobe the King of Usuthu, the King of the Zulu nation, I was taken out of the house, and made to parade naked. It is unacceptable in this country for police officers to behave in this manner. I went to lay a complaint with the station commander, but he said that he is not in charge of them, and when I talked to them they said they are not under his command, but that they report to Pretoria.

Hence what I am saying is that we are the same police force with the same Minister and the same Deputy Minister, but we have a problem with these people who are uncontrollable. Your department needs to check whether those people are suitable to ensure safety in the country because I presume they have their own agendas.

Good behaviour should prevail in the police force and as the community we should work collectively with the police force in fighting violence. I have also observed that as a result of the instruction to police officers to shoot first and ask questions later, the criminals without badges do the same. They have unmarked cars, which they use when breaking into and entering people’s houses.

I know that I will not give them my gun before they apply certain tactics. But we should not experience the humiliation of parading naked again because we cannot protect ourselves. That provokes the community, and my wish is for the community to work hand in hand with the police.

I wish to commend you for tracking those criminals in my hometown who are robbing people in the taxis. You are doing a great job because these criminals must be arrested and placed where they belong, because they are not meant to be part of society. If we protect these criminals we would be doing an injustice to society. I do not say this as a member of a certain party, but I say this because even Prince Zeblon Zulu can attest to the fact that these robberies do take place at KwaNongoma.

As the IFP we fully support this Budget Vote. Thank you. [Applause.]]

Mr B NESI: Chairperson, hon Minister, hon Deputy Minister, hon members, departmental officials, patriots and friends, the national struggle for freedom was the critical overarching vehicle to bring about peace, security and stability in our society. In dealing with issues of crime, the ANC proceeds from the premise that raising the quality of life also means an improvement in the safety and security of citizens in their homes and in their environments where they live, work and engage in extramural activities.

The Justice, Crime Prevention and Security Cluster has been tasked with the outcome of ensuring that people are safe and feel safe, with the Department of Police playing a leading role in this regard. The ANC welcomes the family violence, child protection and sexual offences Unit, which the Minister has announced. These interventions by the department seek to address three principles which are critical in the challenge of crime, especially its uniquely random and violent nature in our country.

The first of these principles is that the battle against crime cannot, in the main, be separated from the war on want. Incidents of contact crime such as murder, grievous bodily harm and rape occur among acquaintances in poor communities where living and entertainment environments do not allow for a decent family and social life.

The second principle is that specific mind-sets and historical conditions drive elements of the crime problem. These are: the proliferation of firearms in the hands of civilians; greed and conspicuous consumption; the psychology of patriarchal gender power relations; and attitudes towards the weaker members of society, especially children. With regard to this point, I want to emphasise that these crimes against the weak are rife in the rural areas and farm areas where …

… abantu bakuthi besabethwa ngamabhulu anocalucalulo ngobuhlanga nazimisele ukuba wona akuhlala engoobholel’ ecaleni abangalufuniyo utshintsho. [… our people are still being assaulted by the racist boers who are hellbent on being unco-operative and who resist transformation.]

In this regard, when we are talking about fighting crime, Minister and Deputy Minister, we must also emphasise …

… ukuba babanjwe aba belungu benza le nto. Into eyenzekayo kukuba bahlawuliswa iimalana ezingama-R200 okanye ama-R2000 babe ngabakhululekileyo kodwa bahlalise abantu bakuthi kabuhlungu. [… that these white people who are doing this must be arrested. What happens is that they are just fined a mere R200 or R 2000 and are free but continue persecuting our people.]

The ANC notes with interest the consistency of the department in improving its capacity by employing more personnel as this will boost the visible policing programme in so far as the patrols and community policing are concerned.

In addition to visible policing aimed at crime prevention, provision has been made in the budget to increase the detective capacity and improve crime intelligence capacity. This will ensure the safety of the weak and the rural communities. The above confirms the implementation of the President’s promise in the state of the nation address that more police will be employed in 2010.

The third principle is that the networks of crime have grown in their reach and sophistication across national boundaries. These include syndicates that deal with money-laundering, human trafficking and abuse. Critically, focus must be placed in mobilising society to make life difficult for criminals in our midst. This should include an overhaul of gender and family relations and intolerance of abuse within communities.

The transformation of institutions that deal with crime, including with regard to integrated efficiency, is also critical. This applies to management, the expansion of personnel, the utilisation of the latest technology, enhanced intelligence capacity, and a commitment to work with the people. In this regard, it is very important for the police and the community to ensure that community safety forums are in existence because the police will never fight crime alone. The community members must be there to assist the police by telling them where the criminals are, as well as in the eradication of corruption within the criminal justice system.

The overall programme of national democratic transformation will gradually eliminate some of the conditions that breed social crime; so shall our contribution to creating an environment of peace, stability, economic growth and social development in Southern Africa and the rest of the continent.

In conclusion, we will undertake these tasks conscious of our responsibility as one of the battalions of the global army for progressive social change - a disciplined force of the left. The ANC is confident that South Africans will persist in building enduring national partnerships to further change our country for the better. Working together with them, we shall spare neither strength nor courage until the strategic objective has been attained. The ANC supports this transformative budget. I thank you. [Applause.]

Mr J J GUNDA: Chairperson, hon Minister, hon Deputy Minister, hon members, and all protocol observed, we welcome the vision and mission of our Department of Police; the values that the SAPS stands for need to be implemented and upheld.

Discipline and professionalism need to be instilled in our police. There is a programme in the Northern Cape called “Youth against Crime”. If that programme can be implemented throughout this country, I think the police can win the war against crime. Hon Minister and Deputy Minister, I see that you are reminding us of where we come from by revisiting the ranking system. However, changing ranking names will not bring back discipline. Discipline will take a change in thinking and a change in attitude in the SAPS. That is what will make their work easier.

The ID believes in partnership with the community, because the challenges are enormous. The behaviour of some of the SAPS members is uncalled for. The way in which they drive their vehicles is unacceptable. The way they treat people in some of the police stations is also unacceptable. It is good to have important plans. It is good to say we are going to do this, that and that. And we see that the Minister and the Deputy Minister are trying their utmost best. But it needs to be said today that winning the war on crime will help us develop the economy. And the battle against crime will help our people to understand that the values that we grew up with should never be corrupted, but there is so much corruption in the Department of Police.

If we can win that battle half of the crime will be finished. The budget that is used for community police forums is inadequate. If we want the community to really participate and the police forums to really participate in the fight against crime and everything else, we need to budget properly for them in order to assist them to do away with crime. I thank you.

Mr S P MABILO (Northern Cape): Chairperson, Minister of Police, Mr Nathi Mthethwa, Deputy Minister of Police, Mr Fikile Mbalula, hon members of the House, Chairperson of the Select Committee on Security and Constitutional Development, Ntate Mofokeng, colleagues from other provinces, we are tasked with the responsibility of ensuring that crime is drastically reduced and corruption is stamped out in our provinces.

Our successes in the fight against crime in the province are as follows: We have managed through our processes to conduct a number of campaign activities. We managed to search a number of businesses, motor vehicles and business properties totalling 38 426. We managed to conduct more than 470 roadblocks and have succeeded in visiting a number of farms, businesses, elderly people, vacant houses and schools.

We successfully patrolled in our vehicles and on foot more than 25 171 times and we successfully managed to arrest a number of people for various crimes during Operation Washa Tsotsi. We also have successfully confiscated dagga and other substances. We confiscated more than 91 800 litres of liquor and a number of home-brewed substances. We also arrested a number of wanted criminals through Operation Washa Tsotsi. During the firearms amnesty period, we succeeded in handing over a number of weapons and sharp instruments.

In terms of the crime prevention situation in the province, our programmes prioritise sustainable community mobilisation and partnerships in the fight against crime, and in support of the police’s efforts to reduce crime in the Northern Cape.

We have a campaign that we call the rescue of public spaces. Most violent crimes happen in isolated and bushy areas near taverns. It is with this in mind that we have engaged municipalities in the province to come on board and assist with cleaning operations in open spaces. One of the flagship projects of the department of safety in the province is the rescue of public spaces project, which recently won a Silver Award in the Premier’s Service Excellence Awards.

Chairperson, our province was honoured with the responsibility of hosting the 2010 Fifa World Cup for the 50-day countdown. We are proud to report that this prestigious event was incident-free. This was due to the safety and security measures put in place by the SA Police in the province.

During the period under review the province successfully established 54 victim-friendly facilities out of a total of 91 police stations. It is our responsibility to ensure that before the end of this financial year all 91 police stations in the province will have victim-friendly facilities.

In terms of the safer schools campaign, this is to ensure that our schools remain institutions of learning and excellence. During this campaign we managed to confiscate drugs, alcohol and dangerous weapons at schools across the province. This campaign has been successful as fewer schools have now reported having these unwanted substances.

In terms of community partnerships, the Northern Cape province is engaging in successful community partnerships. We have a sound working relationship with communities in our province. Our people are very co-operative and support campaigns and initiatives of the government to fight crime and corruption. We have strong partnerships with the SA Police Service, the community police forum, Youth Against Crime, Women Against Crime, and all other relevant structures meant to fight crime in the province.

Regarding gangsterism, hijackings and ATM bombings, as a province we have successfully managed to foil a number of attempts relating to hijacking and ATM bombings in the city of Kimberley. These criminal activities are very rare in our province. It is for that reason that when criminals are squeezed elsewhere they then move base to the Northern Cape under the wrong impression that that province is a soft target. Our law enforcement officers have proven the criminals wrong through their tough anticrime programmes, hence the high success rate in the province and the minimal hijackings and ATM bombings.

We acknowledge as a department the insufficient resources that we have in the province, such as vehicles and human resources. But we are really working hard in ensuring that we close all gaps that may hinder our achievement in our objectives of reducing crime and corruption in the province.

The matter of closed-circuit television, in the two townships of the city has come a long way; SAPS head office made commitments to provide the aforementioned equipment in both Galeshewe and Roodepan. This will assist us in the fight against crime and corruption and it will contribute positively towards effecting more arrests. These cameras will assist us in ensuring that we succeed in our objectives.

In most of the crimes in the province, especially crimes that take place over weekends, such as rape, murder, robbery and domestic violence, the preferred weapon of choice is the dangerous weapon known as Okapi. Most criminals use it in the perpetration of violent crimes in the province.

The department, in collaboration with the SAPS, the department of justice and the chief state law adviser in the office of the premier have already commenced a process aimed at the development of provincial legislation to regulate or outlaw the carrying of dangerous knives and other related weapons. We hope to introduce the draft Bill to the legislature of the province during the fourth quarter of this financial year.

Gravel roads remain a challenge in the province as police vehicles are adversely affected in terms of wear and tear. This area must be looked into in relation to the massive infrastructural development needs of the province and its rural nature.

Our province is vast and sparsely populated, and most people have to travel for more than 100 km to access a police station. Hence we have ensured that these areas are provided with satellite police stations in the context of putting people first.

This concept of central command structures will contribute immensely towards our fight against crime and corruption. We strongly recommend that it be rolled out in the province before the end of this year.

The building and renovation of police stations in the province is a serious challenge since most buildings utilised by the police are in a bad state. The Mothibistad police station in Kuruman, which services more than 20 villages, is totally dilapidated and a new police station is required in this regard. The second biggest township in the province, Paballelo in Upington, also needs a new police station to service the community. The current buildings from which the police are operating belong to the Khara Hais local municipality.

The municipality has given notice that it wants to take its office back. This poses a serious challenge to our law enforcement agents in the area. Paballelo, as the second biggest township in the province, also requires the services of a new police station. Our priority list for … [Time expired.] [Applause.]

Mr M H MOKGOBI: Hon Chair, our Minister, Nathi Mthethwa, our Deputy Minister, Fikile Mbalula, and hon House, let me remind you that the Budget Vote of the department is the Budget Vote of the ANC. Therefore, when the Minister talks of objectives as set out in the state of the nation address and targets for the measurement of performance as adopted by the Cabinet lekgotla, it is indeed a confirmation of the movement at work to reduce crime in this country.

The other issue that we picked up in the budget debate, as presented, is that indeed the country is moving towards safety after so many years of a violent society. We are moving towards safety, and the people are beginning to have much more confidence than in previous years. We want to congratulate the Minister in this regard.

Incidnets of crimes like house robberies, business robberies and car hijacking, as well as crimes against women and children, are beginning to decrease in terms of statistics. These are issues that are highly prioritised in the departmental programme. It is thought that this is because of the manner in which the department has improved the investigative capacity of police officers in this department and further that the detectives are also beginning to have that positive attitude that the department has instilled in them.

We would also want to welcome the reintroduction of the family violence, child protection and sexual offences unit by the Minister. This will go far beyond making South Africa, as the Deputy Minister said, “a country where everyone can play, especially our children, without fear of anything; without fear of being abducted.” And that indeed should be supported.

We also acknowledge the programme of visible policing. However, as a committee we recommend that it should go beyond visible policing. We should not just see cars moving from street to street, from township to township or village to village; we should see beyond that that the police would stop and check as to what is happening when a group of people play dice and jive unnecessarily. They should be searched. It should go beyond that, and also detect planned crimes before they occur, so that criminals should indeed hesitate when they want to commit crimes against our people. We would want to see that happening. Indeed, everyone should see police vans patrolling everywhere, but it should go beyond that and there should be fundamental actions where people are planning, even to sniff out where crooks are hiding and planning crimes so that prevention can take place.

The other issue is that the ANC would want to call upon everyone not to forget that all that we are doing, as this democratic Parliament, is to erase and to fight what has been institutionalised by the apartheid legacy — the issue of where we come from, namely a police system that was so violent and brutal. Even now, after 16 years of democracy, people are still afraid of the police in the context of the past, but we would want to ensure that the police are friendly to the people because other liberal minds would always, in the media and everywhere, say that the police are beginning to be dangerous and militarised. There is no such thing.

When the police respond to a deadly crime, that does not amount to militarisation; it means that the police have got the capacity to respond to any form of crime in this country. Therefore, that idea must be taken out of some liberal minds.

The other issue is the fact that the department is responding to its constitutional obligations of prevention, combating, investigation and making sure that the Republic is protected at all costs. We also want to appeal to the Minister with regard to an issue that is capturing our headlines, namely the terror plot, precisely because next month we are going to host the World Cup. But, there are counter-revolutionaries who would want to frighten the world by saying there is an Al Qaeda presence here; there is no such a thing. Our intelligence is intact and our police are ready. The world must come.

South Africa is a heaven and it will also be a heaven during the 2010 World Cup. There is no such a thing as a threat of Al Qaeda, or the Taliban or whatever. Those are pure lies because it is a counter-revolution to ensure that African-led governments might not have the capacity to protect people. People are welcome. Some of us will be smiling in every airport to ensure that indeed people feel safe in this country.

Our borders will be managed by the SA National Defence Force, SANDF, as well as the support system to the extent of our intelligence. But we would want the department, as they meet the SA National Defence Force, to strengthen our porous borders. Indeed, our borders are not that safe because ever since we came in, there are certain areas where people will get in, and that might be a threat. I think it should be emphasised that as the army will be monitoring the borders and areas where there is porosity, this must be looked into and a mechanism must be developed to make sure that they are strengthened.

The strategy and tactics of the ANC identify strictly that the department needs to be looked into, as the hon Matthews has said, with regard to the war and the principle of that and other things. These are some of the issues that need to be looked at in order to address the attitude of our people who are looking at the crime issue.

With regard to the mind-set that I, of course, alluded to, some of these things are historical. There is still that mind-set of the past wherein people feel that when they see a police officer, they see an enemy. A police officer is a friend; not a friend that will allow people to do crime, but rather a friend that will take you, if you are a criminal, to a place of safety, and you will be safe in prison. That’s what we need to emphasise.

The other thing is the historical conditions. Amen. [Time expired.]

The MINISTER OF POLICE: Chairperson and hon members, thank you for your contributions. Perhaps I should say that there has been both constructive criticism and some acknowledgement of good work done by the police. I found today’s debate different from the ones we had before. When people criticise us, they present some views on the table, and not just oppositionist kinds of postures.

The hon Gunda presented some key issues about the discipline and professionalism in the police. There wouldn’t be any proper policing if this matter was not taken on board. The part of the transformation that we are talking about is that of the cadre of cop which we would like to create at this time.

Hon members should take note of the fact that, ultimately, we would like our streets to be safe. The Deputy Minister has already indicated that whether it is in the morning, at night or whenever, our people should all feel safe in their own country. That is our ultimate objective.

The hon Chairperson raised an issue about wrong elements within the SAPS. We have interacted with the ruling party and other political parties in this Parliament. We have undertaken an audit on the police personnel we have. At the end of the day, we should ensure that those who are not supposed to be in the force are nicely asked to go home or elsewhere. We should only be left with members who know what they are supposed to do, and who understand that the hopes of the entire nation rest upon their shoulders.

The hon Watson said something about a building that is lying empty in Middelburg. We are going to make a follow-up on that and try to find out what is happening. I must say that it cuts across the issue of rural safety. There is a plan. In his speech, the hon Wiley indicated that the DA leader has some points. Those points are welcome and we would like to see them in strength.

We are challenging everybody in the community to submit their views in order to strengthen the rural safety plan. If there are such views, we would welcome them. That is why we are going to be visiting provinces very soon, together with AgriSA and the Food and Allied Workers Union, Fawu, organisations from both sides, namely the farmworkers the and farmers. We would be able to put across the views of both constituencies as they are. With that approach, we believe that we would be able to deal with the challenges.

The hon Wiley also raised an issue about accommodation. One of the things we have spoken about is that of the building and construction of the new police stations. We should have some barracks. It should not only be based on accommodating people who are there.

Hon Bloem, if police management decided to move some police from your constituency to KwaZulu-Natal and vice versa, they should be able to do that without any hindrance. We are also looking into those matters as well.

In as far as the issue of the criminal justice system, CJS, is concerned, there are outcomes of the criminal justice review and we are implementing them. For instance, today it was reported that, in as far as police are concerned, during the review the matter of detectives was highlighted. Last year, we set a target for ourselves that within a year we were going to employ 19% of the detectives and upskill those who were there. We have surpassed that because we have recruited 24% as compared to what we initially planned for.

I agree with Commissioner Makhubela, on the issue of Smart planning, hotspots and mapping. [Laughter.] In fact, it should be strengthened because as you know, even from the police station point of view, the hotspot areas, mapping and so on, are looked into. The programme, When Duty Calls, is one way of communicating with the public, because all people are hearing are negative things about the police. We have noted your satisfaction about the preparations and we are also looking forward to the actual games.

The hon Mokgobi raised an issue about the reintroduction of family units. We are going ahead with that and we will ensure that indeed our children and women are safe in our country.

Some of the terror threats are hoaxes, and are meant to scare people away. Somewhere in some tabloids in Britain, others said that there was going to be a blood bath in South Africa because Mr Terre’Blanche had been killed. They furthermore said that there was going to be a black and white full- scale war. They just created some imaginary wars in their minds which did not match what has been put in place when preparing for this. That is not going to deter us.

I noted the point raised by the hon Nesi when he indicated that racism was rife on the farms. For instance, when we met with Fawu, they clarified that point. In order to deal with the issues raised by workers, dwellers and farmers we have decided to approach that matter from all the parties’ point of view.

Bab’uMageba angazi nkosi yami kuleliphuzu obulibeka laKwaNongoma ngoba siyesazizwa lezo zikhalo, kwathi phambi kokhetho sawucela umphakathi ukuthi ufike sizoxoxisana nawo. Sabiza izinhlangano zepolitiki, i-IFP noKhongolose kanye nezinye ezazikhona ukuzokhuluma ngalolu daba.

Kodwa-ke futhi asizukuvuma ukuthi abantu bahlukunyezwe - izinto ezinjalo azifuneki. Siyafisa Mageba nani niyigcizelele into yokuthi amaphoyisa ayesebenza laphaya ngaphambi kokhetho abuye ngoba enza umsebenzi omuhle. Ngoba yiwona athola intaphana yezibhamu ezatholwa laphaya Mageba zangethusa, ngacishe ngaquleka ngempela ngizibona zibekwe ngononina ngokuhlukana kwazo. Kusukela kwesincane ukuza kwezinkulu - ngathi hhawu! lezi bhamu madoda ziphumaphi. Zifunani izibhamu phakathi kwabantu ngoba phela yizona ekufanele zingabibikho emphakathini.

Sengisholo ukuthi-ke nalapho enza khona amaphoyisa kahle kufanele siwancome bakwethu ngoba angazi ukuthi leziya zibhamu bezingaphuma nemiphefumula emingaki. Ngaze ngabuza ukuthi ngempela ngiKwaNongoma - ngaphuma kancane nakuleli hholo esasikulona. Ngabuka ngabona ukuthi cha sikhona impela - sisekhaya. Sase siyahamba siya edolobheni sakhuluma nabantu, iningi labo Mageba likugcizelele ukuthi amaphoyisa awabe khona ngoba asiza njengoba imimoya yayiphakeme ngaleziya zikhathi zokhetho, ukuba khona kwawo kwasiza ekutheni kube nokuthula.

Nokho satshelwa ukuthi ukhetho lwahamba kahle, Mageba. Ngingazi-ke noma sasingatshelwa kahle yini kodwa nathi sasikhona. Lwahamba kahle ukhetho kodwa lokhu akusho ukuthi abantu mabaphule umthetho futhi akusho ukuthi asebehlukumeza umphakathi akufanele bathathelwe izinyathelo kodwa njengoba uchazile Mageba, uma phela amaphoyisa esefika kuthiwa uMageba uphethe isibhamu esikhulu, uqhwasha noma i-AK awavamisile ukufika ekhaya athi hhe baba mnumzane sizocela izibhamu. Azicelwa kanjalo izibhamu kodwa uyazi-ke ukuthi sicelwa kanjani isibhamu, Mageba. Ngiyabonga sihlalo. Ihlombe.

[Hon Mageba, my goodness, I am not sure about the point you made about KwaNongoma, because we heard those complaints and we asked the community to come forward to discuss this. We also called the political parties like the IFP and the ANC and others that were there to talk about this issue.

However, we are not going to allow our people to be harassed — such things are not tolerated. We hope that you will also emphasise, hon Mageba, that those police who were working there before the elections should be brought back because they did a good job. They found heaps of guns there, hon Mageba. I was shocked by the sight of those guns and I nearly fainted on seeing them grouped in their different sizes, from the smallest to the biggest. I said, “gee whiz, where do all these guns come from!” What business do these guns have amongst the people because they should not be in the communities?

I am saying this because, good people, we should also commend the police when they are doing well. And I am still asking myself how many souls would have been lost through those guns. I enquired if we were really in KwaNongoma and even went outside of the hall to look around, when I realised that we were really at home. We then left for town and spoke to the people, and most of them, hon Mageba, emphasised that the police must be present as they are a great help. Since the elections, tensions were high and their presence helped in bringing about peace.

We were informed that the elections went well, hon Mageba. I am not sure whether we were told the truth, but we were also present. The elections went well, but that does not mean that people should break the law and that those who are harassing the community should not be punished. But as you have already mentioned, hon Mageba, when the police arrive after being told that hon Mageba has a big gun — a self-made one or an AK-47 — they do not normally come to your place and ask nicely by saying, “Hello sir, we are here to ask for a gun.” That is not how you ask for a firearm — you know how to ask for a firearm, hon Mageba. Thank you, Chairperson. [Applause.]] Debate concluded.

The Council adjourned at 16:03. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

(a)     Government Notice No R. 293 published in Government Gazette No
    33112 dated 13 April 2010: Appointment of an Authorised Dealer in
    Foreign Exchange with Limited Authority, in terms of the South
    African Reserve Bank Act, 1989 (Act No 90 of 1989).


(b)     Government Notice No R. 283 published in Government Gazette No
    33103 dated 16 April 2010: Amendment of Rules (DAR/69), in terms of
    the Customs and Excise Act, 1964 (Act No 91 of 1964).


(c)     Government Notice No R. 340 published in Government Gazette No
    33140 dated 30 April 2010: Amendment of Rules (DAR/70), in terms of
    the Customs and Excise Act, 1964 (Act No 91 of 1964).

1. The Minister of Water and Environmental Affairs

 a) Government Notice No 52 published in Government Gazette No 32898
    dated 29 January 2010:Levies on Fish and Fish Products, in terms of
    the Sea Fishery Act, 1988 (Act No 12 of 1988).

 b) Government Notice No 53 published in Government Gazette No 32898
    dated 29 January 2010: Fishing Harbour Fees, in terms of the Marine
    Living Resources Act, 1998 (Act No 18 of 1998).

COMMITTEE REPORTS

National Council of Provinces

1. REPORT OF THE SELECT COMMITTEE ON CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS OVERSIGHT VISIT TO MASILONYANA LOCAL MUNICIPALITY – DATED 19 MAY 2010

1.      Background and Overview
1.1     The Select Committee on Co-operative Governance and Traditional
    Affairs having considered the request made by the National  Council
    of Provinces (NCOP) on the 24th November  2009,   to  consider  and
    report on the intervention notice invoked in terms of  section  139
    (1)(b) of the Constitution at Masilonyana  Local   Municipality  by
    the Free State Provincial Executive Council, reports as follows:


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


1.3     In terms of the NCOP Rule 101, the Office of the Chairperson of
    the NCOP referred the notice of  intervention  in  the  affairs  of
    Masilonyana Local Municipality  to  the  Select  Committee  on  Co-
    operative Governance and Traditional Affairs for consideration  and
    reporting. On 5 May 2010, the  Select  Committee  took  a  decision
    during the proceedings of  its  meeting  to  conduct  an  oversight
    visits to the above-mentioned Municipality on 14 May 2010.
2.      Purpose and Objectives
2.1     The objectives of the oversight visit was to determine  whether
    procedural requirements have been met and to verify whether the PEC
    has used its discretion  appropriately  before  the  Committee  can
    approve/disapprove the intervention. Through the deliberations  and
    interaction with internal and external stakeholders, the  Committee
    wanted to determine how  the  PEC  was  intending  to  restore  the
    fulfilment of the relevant obligations and ensure fulfilment in the
    long-term. The aim being to  ensure  intergovernmental  checks  and
    balances aimed at guarding the  integrity  and  efficiency  of  the
    intervention process.


3.      Composition of the Delegation
3.1     The delegation of the Committee was composed of  the  following
    Members of Parliament and Officials: Hon MH Mokgobi, Limpopo (ANC);
    Hon AG Matila, Gauteng (ANC);  Hon TMH Mofokeng, Free State  (ANC);
    Hon DV Bloem, Free State (COPE); Mr TM Manele, Committee  Secretary
    (Committee Section) and Mr V Mfuniselwa,  Administration  Assistant
    (Committee Section).


4.      Introduction
4.1     On 24 November 2009, the MEC  for  Co-operative  Governance  and
    Traditional Affairs tabled a notice of intervention in  Masolonyane
    Local Municipality to the Office of the Chairperson  of  the  NCOP.
    Subsequent to the tabling, a notice of intervention was referred to
    the Select Committee on  Co-operative  Governance  and  Traditional
    Affairs for consideration and reporting in terms  of  Council  Rule
    101. In compliance with the Council referral, the Select  Committee
    resolved to undertake a fact-finding visit to the  Municipality  on
    14  May  2010.  In  terms  of  section  139   (2)(b)(ii)   of   the
    Constitution, the intervention  must  end  if  the  NCOP  does  not
    positively approve the intervention within 180 days, in  this  case
    before the end of 24 May 2010, since the intervention began.


5.      Problems Identified by the PEC at the Municipality
5.1     The main issues identified by  the  PEC  to  intervene  in  the
    affairs of Masilonyana Local Municipality related to the  inability
    of the Municipality to collect revenue, implementation of valuation
    roll, finalization of annual budget, failure to develop  and  adopt
    performance management framework,  and  the  inability  to  provide
    quarterly reports in compliance with Municipal  Finance  Management
    Act (MFMA).


6. Oversight Visit to Masilonyana Local Municipality
6.1     On 14 May 2010 the delegation of the Committee  had  interactive
    and robust engagements with the internal and external  stakeholders
    of  the  Masilonyana  Local   Municipality.   The   main   internal
    stakeholders the delegation interacted  with  in  the  Municipality
    included the Speaker,  Mayor,  Ward  Committee  Members,  Municipal
    Councillors, Administrator and the South African  Local  Government
    Association (SALGA). The main external stakeholders the  delegation
    interacted with included members  of  the  community  and  business
    forums, and non-governmental organizations.


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


(A).    Municipal Transformation and Organisational Development


6.3     Municipal Council: The submissions made by  the  Mayor  and  the
    Speaker indicated that the Council supported  the  placing  of  the
    Municipality under section 139 (1)(b) of the Constitution  and  the
    appointment of the Administrator  in  dealing  with  the  executive
    functions of the Municipality. The major progress reported  by  the
    Mayor related to stakeholders’ consultation  and  participation  in
    the development of a  draft  Integrated  Development  Plans  (IDP),
    budget and the municipal turn-around strategy.


6.4     Administrator: The major problems reported by the  Administrator
    pertained to non-compliance with the  Local  Government:  Municipal
    System Act in submitting section 46  reports  for  two  consecutive
    years,  failure  to  develop  and  adopt   performance   management
    framework to regulate the performance of staff, and  the  inability
    to provide quarterly reports in  compliance  with  the  MFMA.   The
    progress reported by the Administrator  related  to  submission  of
    section  46  reports  to  the  Auditor-General;  development  of  a
    performance management system framework; and monthly submission  of
    section 71 and verification reports.


6.5     Municipal Councillors:  The  concerns  raised  by  some  of  the
    Municipal Councillors related to the lack of progress  in  charging
    senior management alleged to be involved in corruption  and  fraud,
    suspended  officials  organizing  and  leading   protest   marches,
    Municipal  Manager  manipulating  some  officials   and   Municipal
    Councillors, and the appointment of unskilled employees.

6.6 Organized Labour: The critical concerns highlighted by the representatives of South African Municipal Workers Union (SAMWU) related to lack of managerial consultation, non-functionality of local labour forum, lack of organisational structure and the lack of progress with regard to the application of section 139 (1) (b) of the Constitution.

(B). Basic Service Delivery

6.7 Administrator: The major concerns reported by the Administrator pertained to the inability to spend infrastructure grant funds where expenditure was at 12% by the end of November 2009. The main progress reported by the Administrator related to the submission of the revised MIG Action Plan to the Provincial MIG Office, verification certification of MIG project payments, establishment of project steering committees, as well as the registration of projects as extended public works programmes.

6.8 Community and Business Organization: The concerns raised by the community and business members related to the non-payment of contractors, housing allocation, and the lack of municipal resources to provide services in the community.

(C). Local Economic Development (LED) 6.9 Administrator: The main progress reported by the Administrator included the development of an LED strategy and the revival of projects in brick-making plant, in partnership with the mining house, and two bakery projects.

6.10 Community Based Organisation: Some of the major LED concerns raised by the representatives of community-based organisations related to lack of funding for youth development programmes; lack of funding for community-based youth projects, including the co- ordination of learnership programmes; lack of intergovernmental approach, more especially with regard to the placement of community members who had participated in learnership programmes.

(D). Municipal Financial Viability and Management

6.11 Administrator: The main concerns raised by the administrator related to the overall financial management of the municipality, which was in disarray. The progress reported included the reconciliation of bank statements, deployment of DBSA financial experts, decrease in salary bills from R2, 16 million to R1, 89 million in April 2009, reduction of overtime of R120 000 paid in December 2009 to R72 000 in March 2010, submission of section 71 reports to Provincial and National Treasury, as well as the submission of a draft budget aligned with IDP.

(E). Good Governance and Public Participation

6.12 Administrator: The concerns raised by the Administrator’s report related to the non-functionality of Ward Committees, poor effectiveness of community development workers, as well as the non- alignment of budget with the IDP. However, the main progress reported by the Administrator included the functionality of Ward Committees and effective consultation on IDP and the Budget.

6.13 Ward Committees: Members of the Ward Committees raised concerns related to lack of consultation, lack of progress since the application of section 139 (1)(b), and problems of service delivery.

1. Committee Observations and Opinion

7.1 The delegation of the Committee has observed that the Municipality has failed to perform its legislative and executive obligation and, in the opinion of the Committee, justified the invocation of section 139 (1) (b) intervention of the Constitution by the PEC of the Free State Province.

7.2 The request by the Municipal Council for intervention in terms of section 137 of the MFMA has reflected the inability of the Municipality to prudently manage its finances.

7.3 The Provincial Executive of SALGA had played a critical role in assisting the Municipality to request for intervention in terms of Section 137 of the MFMA and Section 139 (1)(b) of the Constitution.

7.4 The decision of the PEC to invoke section 139 (1)(b) of the Constitution and the appointment of the Administrator had resulted in the development of a turn-around plan aimed at assisting the Municipality to deal with challenges and stakeholders’ concerns related to the IDP, budget formulation, organisational development, financial management, good governance, public participation, LED, and service delivery.

7.5 The Select Committee on Co-operative Governance and Traditional Affairs in co-operation with the relevant Portfolio Committee in Free State Provincial Legislature would conduct a follow-up visit to the Municipality, three months after the intervention has ended, in order to monitor progress made in respect of the intervention in the Municipality.

1. Acknowledgement

8.1 Having conducted the oversight visit the Committee delegation wishes to extend words of appreciation extended to all the internal and external stakeholders of the Municipality who interacted and had robust engagements with the delegation of the Committee on matters related to the placement of the Municipality under section 139 (1)(b) of the Constitution and the appointment of the Administrator.

1. Recommendations

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

9.1.1 The National Council of Provinces approves the intervention as issued by the Provincial Executive Council in terms of section 139 (1)(b) of the Constitution.

9.1.2 The Administrator should fast-track the process of reviewing and developing a database of qualifications of all section 57 managers and table a report to the Provincial Executive Council.

9.1.3 The Administrator should ensure proper functionality of Local Labour Forum and the co-ordination of consultative meetings among the offices of the Mayor, the Speaker and the Chief Whip.

9.1.4 The Provincial Executive should provide quarterly reports to the NCOP on the progress made in respect of service delivery, financial viability and management, transformation and organisational development, LED, and good governance and public participation.

9.1.5 The Administrator should fast-track the process of ensuring that all section 57 senior managers complete the signing of their performance contracts, and further ensure that those contracts are aligned with the key performance areas of the Municipality.

9.1.6 The South African Local Government Association, in co-operation with the Local Government Sector Education and Training Authority, should facilitate training and capacity building for Municipal Councillors and Officials in order to further deepen their understanding of the legal framework and policies that govern the activities of the Municipality.

  7.  The  South  African  Municipal  Workers  Union  should  work   co-
     operatively with the Administrator in order to strengthen personnel
     discipline aimed at promoting municipal integrity.


  8. The Minister for Co-operative Governance  and  Traditional  Affairs
     should approach the Hawks to pursue criminal investigation  in  all
     cases of financial irregularities and fraud  in  Masilonyana  Local
     Municipality as a  matter  of  urgency,  and  a  report  should  be
     forwarded to the NCOP in this regard.

Report to be considered.

1. REPORT OF THE SELECT COMMITTEE ON CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS ON THE DISSOLUTION OF NALEDI LOCAL MUNICIPALITY – DATED 19 MAY 2010

2. Introduction and Background 1.1 The Select Committee on Co-operative Governance and Traditional Affairs having considered the dissolution notice on the 14 May 2010 and report on the intervention notice invoked in terms of section 139 (1)(c) of the Constitution at Naledi Local Municipality by the Free State Provincial Executive Council (PEC), reports as follows:

1.2 According to section 139(1)(c) of the Constitution, when a municipality cannot or does not fulfil an executive obligation in terms of the Constitution or legislation, the relevant provincial executive may intervene by taking any appropriate steps to ensure the fulfilment of that obligation, including dissolving the Municipal Council and appointing an Administrator until a newly elected Municipal Council has been declared elected.

1.3 The Constitution provides that the dissolution takes effect unless the NCOP or the Minister set it aside. In other words, the Constitution provides for a 14-day window period within which the national Minister and the NCOP have the opportunity to set aside the dissolution.

1. Problems Identified by the PEC at the Municipality 2.1 The rationale for the dissolution of Naledi Local Municipality is based on the major problems identified by the PEC related to the following: 2.1.1 Assassination of the Mayor/Speaker on 3 May 2010. 2.1.2 Attempted murder of the Municipal Manager on 4 May 2010. 2.1.3 Division amongst Municipal Councillors and their inability to convene Council meetings. 2.1.4 Most reports generated by the administration could not be assessed and finalised by Council or signed off by the Mayor, to enable the administration to function effectively. 2.1.5 The draft IDP, Budget and Turn-Around Strategy was not effectively consulted on with the community, owing to the Council’s poor public consultation processes. 2.1.6 The CFO and Manager for Technical Services were suspended by the Municipal Manager without the ratification of the Council. 2.1.7 Poor water management has led to the Municipality being indebted to the Water Board. 2.1.7 The Municipality has received disclaimers for the past three years from the Auditor-General.

2. Committee Observations and Opinion

3.1 The Committee has observed that the Provincial Department has in the past years provided support to the Municipality in terms of section 154(1) of the Constitution. Section 154 of the Act mandates national and provincial government to support and strengthen the capacity of municipalities to manage their own affairs, to exercise their powers and to perform their functions. However, the Naledi Local Municipality demonstrated its unwillingness to fulfil its executive obligations owing to the administrative and financial mismanagement, and current political instability which was prevailing in the Municipality. 3.2 Based on the reasons for dissolution provided by the Free State MEC for Co-operative Governance, Traditional Affairs and Human Settlements, Mr M Zwane, the Committee is of the opinion that the dissolution of Naledi Local Municipal is warranted by the Municipal Council’s conduct, which is the cause of the continued failure to comply with an executive obligation.

3.3 Furthermore, the Committee is of the opinion that for the Free State Provincial Executive to intervene at Naledi Local Municipality, it is an integral part of the institutional framework for developmental local government. It is a necessary corrective measure when a municipality fails to govern and thus jeopardises the enterprise of development. It is also an aspect of intergovernmental relations and, as such, it must be exercised within the spirit of co-operative government as outlined in Chapter 3 of the Constitution. 3.4 The Select Committee on Co-operative Governance and Traditional Affairs, in co-operation with the relevant Portfolio Committee in the Free State Provincial Legislature, would conduct an oversight visit to interact with internal and external stakeholders of the Naledi Local Municipality.

1. Recommendations

4.1 The Select Committee on Co-operative Governance and Traditional Affairs recommends as follows:

         1. The NCOP approves the intervention as issued  by  the  Free
            State Provincial Executive Council in terms of section  139
            (1)(c) of the Constitution.


         2. The Free State MEC for Co-operative Governance, Traditional
            Affairs and Human Settlements should table progress reports
            to the NCOP and the Provincial Legislature on the status of
            by-elections to be held at Naledi Local Municipality.


         3. The Minister for Co-operative  Governance  and  Traditional
            Affairs  should  approach  the  Hawks  to  pursue  criminal
            investigation in all cases of financial irregularities  and
            fraud in Naledi Local Municipality, as a matter of urgency,
            and a report be forwarded to the NCOP in this regard.

Report to be considered.

1. REPORT OF THE SELECT COMMITTEE ON CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS ON OVERSIGHT VISIT TO TSWAING LOCAL MUNICIPALITY – DATED 19 MAY 2010

2. Background and Overview 1.1 The Select Committee on Co-operative Governance and Traditional Affairs having considered the request made by the National Council of Provinces (NCOP) on the 10 March 2010, to consider and report on the intervention notice invoked in terms of section 139 (1)(b) of the Constitution at Tswaing Local Municipality by the North- West Provincial Executive Council (PEC), reports as follows:

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

1.3 In terms of the NCOP Rule 101, the Office of the Chairperson of the NCOP referred the notice of intervention in the affairs of Tswaing Local Municipality to the Select Committee of Co-operative Governance and Traditional Affairs for consideration and reporting. On 5 May 2010, the Committee took a decision during its meeting to conduct an oversight visit to the above-mentioned Municipality on 11 May 2010.

1. Oversight Purpose and Objectives 2.1 The objectives of the oversight visit was to determine whether procedural requirements have been met and to verify whether the PEC has used its discretion appropriately, before the Committee can approve/disapprove the intervention. Through the deliberation and interaction with internal and external stakeholders, the Committee wanted to determine how the PEC was intending to restore the fulfilment of the relevant obligations and ensure fulfilment in the long-term. The aim was to ensure intergovernmental checks and balances aimed at guarding the integrity and efficiency of the intervention process.

2. Composition of the Delegation 3.1 The delegation of the Committee was composed of the following Members of Parliament and Officials: Hon MH Mokgobi, Limpopo (ANC); Hon AG Matila, Gauteng (ANC); Hon DV Bloem, Free State (COPE); Mr TM Manele, Committee Secretary (Committee Section) and Mr V Mfuniselwa, Administration Assistant (Committee Section).

3. Introduction 4.1 On 18 March 2010, the Premier of North-West Province tabled a notice of intervention in Tswaing Local Municipality to the Office of the Chairperson of the NCOP. Subsequent to the tabling, the notice was referred to the Select Committee on Co-operative Governance and Traditional Affairs for consideration and reporting in terms of Council Rule 101. In compliance with the Council referral, the Committee resolved to undertake a fact-finding visit to the Municipality on the 11 May 2010. In terms of section 139 (2)(b)(ii) of the Constitution, the intervention must end if the NCOP does not positively approve the intervention within 180 days, in this case before the end of 10 September 2010, since the intervention began.

4. Problems Identified by the PEC at the Municipality 5.1 The main issues identified by the PEC for intervening in the affairs of Tswaing Local Municipality related to the poor management of the Municipality; poor water and sanitation provision; poor standard of internal road infrastructure; uneven provision of services to the communities and project delays owing to prolonged procurement processes; and possible fraud and corruption activities.

5. Oversight Visit to Tswaing Local Municipality 6.1 On 11 May 2010 the delegation of the Committee had interactive and robust engagements with the internal and external stakeholders of the Tswaing Local Municipality. The main internal stakeholders the delegation interacted with in the Municipality included the Speaker, Mayor, Ward Committee Members, Municipal Councillors, Administrator and the South African Local Government Association (SALGA). The main external stakeholders the delegation interacted with included members of the community, and business forums and non- governmental organizations.

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

(A). Municipal Transformation and Organisational Development 6.3 Municipal Council: The submissions made by the Mayor and the Speaker specified that the Municipal Council supported the placing of the Municipality under section 139 (1)(b) of the Constitution, and the subsequent appointment of the Administrator in fulfilling the executive functions of the Municipality. The major progress reported by the Mayor prior to the intervention and appointment of the Administrator included the development of a draft Integrated Development Plan (IDP), budget and municipal turn- around strategy to be considered and adopted by the Municipal Council.

6.4 SALGA: The major municipal transformation and organisational development concerns raised by SALGA affecting municipalities generally and specifically the Tswaing Local Municipality, related to the lack of capacity in the North-West Province to monitor and support municipalities in terms of personnel, funding, institutional knowledge and expertise.

6.5 Administrator: The Administrator reported on the absence of discipline among municipal officials; performance management system; lack of staff supervision; bloated organisational structure, which was not aligned to the IDP; irregular appointments of employees; problems with staff placements; 120 employees appointed within a period of six months, resulting in a higher salary bill; poor record- management system; a high level of employee absenteeism and lack of commitment from section 57 managers.

6.6 Municipal Councillors: The concerns raised by some Municipal Councillors related to low work ethics of the senior managers, including the Municipal Manager; continual absence of the Municipal Manager from work; head-hunting of unqualified senior managers by the Municipal Manager; and the non- functionality of the Local Labour Forum (LLF).

6.7 Organized Labour: Some of the major transformational and organisational concerns highlighted by the representatives of South African Municipal Workers Union (SAMWU) related to the lack of skills development programmes. SAMWU indicated that there is a need to address good working relations among the Office of the Mayor, Speaker and the Chief Whip, in order to ensure that effective and efficient municipal transformation and organisational development.

6.8 Administrator: Part of the turn-around plan reported by the Administrator in assisting the Municipality to deal with the challenges included the reviewing of all the existing policies, development of new policies, reviving and training of the LLF, development of a disciplinary and grievance procedure, training of management and staff, and improving staff morale and discipline by the end of September 2010.

(B). Basic Service Delivery

6.9 Administrator: The collapse of refuse collection, cleaning and rehabilitation of streets, and provision of potable water and sanitation were the main basic service delivery problems reported. The Administrator indicated that the turn-around plan would assist the Municipality to effectively and efficiently deal with basic service delivery challenges, including improving access to electricity and potable water, maintenance and operation of infrastructure, ensuring solid waste disposal and refuse removal, and resolving housing project challenges before the end of September 2010.

6.10 Ward Committees: Concerns raised by members of the Ward Committees were connected to the Municipal Manager’s failure to deal with the service delivery problems, political interference in administration, and the non-implementation of the IDP review.

6.11 Traditional Leaders: The challenges that needed to be addressed according to the Traditional Leaders related to poor road infrastructure, lack of street lightning, delays with regard to the completion of the RDP houses, land occupation, and the need to ensure that the terms of reference of the Administrator and the application of section 139 (1)(b) of the Constitution were clearly explained.

(C). Local Economic Development (LED)

6.12 Administrator: The Administrator tabled a plan to assist the Municipality in dealing with economic development challenges. This included the revival of the LED Forum and the promotion of stakeholder engagement by the end of September 2010.

6.13 Community-Based Organisation: The Organization raised funding challenges which relate to youth developmental programmes; community-based youth projects, including co-ordination of leanership programmes; lack of an intergovernmental approach, especially with regard to the placement of community members who had participated in the learnership programmes.

(D). Municipal Financial Viability and Management

6.14 Administrator: The major problems reported by the Administrator included the salary bill of the Municipality which exceeded the monthly income, general financial fraud and mismanagement, non- payment of statutory deductions, poor management of municipal assets, the disappearance of R90 000 without trace from the municipal primary bank account, and the instituting of disciplinary measures.

6.15 The turn-around plan was aimed at assisting the Municipality to deal with the problems related to financial viability and management, development of a fraud prevention strategy, robust engagement with the Ratepayers Association, improvement of cash- flow management, promotion of compliance with the Municipal Finance Management Act (MFMA) and the financial regulations, updating of asset register, and the completion and adoption of the budget by the end of September 2010.

(E). Good Governance and Public Participation

6.16 SALGA: The representative of SALGA, who was also a Member of the Intergovernmental Relations Forum, registered his dissatisfaction which related to the absence of sound relations within the Municipality. It was pointed out that political infighting and divisions were rife within the Municipal Council, and that there was also political–administrative conflict, as well as failure to perform legislative functions. There was also political interference in the administration.

6.17 Municipal Council: The Speaker of the Municipality raised concerns with regard to the lack of resources and stipends for Ward Committee Members to facilitate public participation, on matters relating to governance.

6.18 Municipal Councillors: It was recorded that political interference in administration; implementation of decisions by the Mayor, without consultation with the Municipal Council, was a major challenge in the Municipality. Furthermore, it was identified that there was political infighting, non-tabling of reports, and the lack of accountability to the Municipal Council by the Municipal Manager and Section 57 Managers. In addition, the Municipal Manager failed to co-ordinate the meetings of the municipal portfolio committees.

6.19 Administrator: The Administrator aims to assist the Municipality to deal with the problems related to good governance and public participation, including the revitalization of Ward Committees; the improvement of communication with the community; the promoting of public meetings; the reviewing of delegation of authority; the strengthening of political oversight on all Municipal Council committees and administration; the creating of stability within the Municipal Council; and the promoting of good intergovernmental relations by the end of September 2010.

1. Committee Observations and Opinion

7.1 The delegation of the Committee has observed that, owing to the failure of the Municipality to perform legislative and executive obligations, service delivery in the communities had been affected, and this resulted in poor provision of water and sanitation services, poor standard of internal road infrastructure, uneven provision of services to communities; delays in the completion of LED projects, prolonged procurement processes, and allegations of fraud and corruption.

7.2 Furthermore, the decision of the PEC to invoke section 139 (1)(b) of the Constitution and the subsequent appointment of the Administrator on 10 May 2010, has resulted in the development of a turn-around plan. This was aimed at assisting the Municipality to deal with the challenges and stakeholders’ concerns related to the IDP, budget formulation, organisational development, financial management, good governance, public participation, LED and service delivery.

1. Acknowledgement

8.1 Having conducted the oversight visit to the Municipality, the Committee delegation wishes to extend words of appreciation to all the internal and external stakeholders of the Municipality for their robust engagements with the delegation of the Committee on matters related to the placement of the Municipality under section 139 (1)(b) of the Constitution and the appointment of the Administrator.

1. Recommendations

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

    9.1.1    The NCOP approves the intervention as issued by the North-
           West Provincial Executive Council in terms  of  section  139
           (1)(b) of the Constitution.


    9.1.2     The  Administrator  should  fast-track  the  process   of
           reviewing and developing a database of qualifications of all
           section 57 managers and table a  report  to  the  Provincial
           Executive Council.
        3. The Minister for  Co-operative  Governance  and  Traditional
           Affairs  should  approach  the  Hawks  to  pursue   criminal
           investigation in all cases of financial  irregularities  and
           fraud in Tswaing Local Municipality as a matter of  urgency,
           and a report be forwarded to the NCOP in this regard.


    9.1.4    The Administrator should ensure the proper functioning  of
           the Local Labour Forum and the co-ordination of consultative
           meetings between the offices of the Mayor, Speaker  and  the
           Chief Whip.
    9.1.5    The Provincial Executive should provide quarterly  reports
           to the NCOP on the  progress  made  in  respect  of  service
           delivery, financial viability and management, transformation
           and organisational development, LED, and good governance and
           public  participation  as  contained  in   the   turn-around
           strategy tabled during the oversight visit on 11 May 2010.


    9.1.6     The  Administrator  should  fast-track  the  process   of
           ensuring that all section 57 managers complete  the  signing
           of their performance  contracts,  and  further  ensure  that
           those contracts are aligned with the key  performance  areas
           of the Municipality.


    9.1.7    The Premier of North-West Province should table  quarterly
           progress reports to the NCOP and the Provincial  Legislature
           on the status  of  the  intervention  in  the  Municipality,
           including challenges encountered.


    9.1.8    The South African Local  Government  Association,  in  co-
           operation with the Local  Government  Sector  Education  and
           Training Authority, should facilitate training and  capacity
           building for Municipal Councillors and officials,  in  order
           to further deepen their understanding of the legal framework
           and policies that govern the activities of the Municipality.




        9.  The  South  African  Municipal  Workers   Union   and   the
           Independent Municipal Allied Trade  Union  should  work  co-
           operatively with the Administrator in  order  to  strengthen
           personnel discipline that is aimed  at  promoting  municipal
           integrity.


       10.  The  Municipal  Demarcation  Board  (MDB)  should  table  a
           comprehensive  report  to  the  NCOP  and   the   North-West
           Provincial Legislature detailing why Tswaing, as a  fiscally
           poor Local Municipality, has been graded at a level six  and
           not  a  level  four  status  in  terms  of  the  ranking  of
           municipalities for remuneration purposes. This is  based  on
           the report of the Administrator made during 11 May 2010.


       11.  The  Select  Committee  on  Co-operative   Governance   and
           Traditional  Affairs,  in  co-operation  with  the  relevant
           Portfolio   Committee   in   the    North-West    Provincial
           Legislature,  would  conduct  a  follow-up  visit   to   the
           Municipality three months after the intervention has  ended,
           in order to monitor the progress  made  in  respect  of  the
           intervention in the Municipality.

Report to be considered.

1. REPORT OF THE SELECT COMMITTEE ON CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS ON OVERSIGHT VISIT TO MADIBENG LOCAL MUNICIPALITY – DATED 19 May 2010

2. Background and Overview 1.1 The Select Committee on Co-operative Governance and Traditional Affairs having considered the request made by the National Council of Provinces (NCOP) on 10 March 2010, to consider and report on the intervention notice invoked in terms of section 139 (1)(b) of the Constitution at Madibeng Local Municipality by the North-West Provincial Executive Council (PEC), reports as follows:

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

1.3 In terms of the NCOP Rule 101, the Office of the Chairperson of the NCOP referred the notice of intervention in the affairs of Madibeng Local Municipality to the Select Committee of Co-operative Governance and Traditional Affairs for consideration and reporting. On 5 May 2010, the Select Committee took a decision during its meeting to conduct an oversight visit to the above-mentioned Municipality on 13 May, 2010.

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

2. Composition of the Delegation 3.1 The delegation of the Committee was composed of the following Members of Parliament and Officials: Hon MH Mokgobi, Limpopo (ANC); Hon AG Matila, Gauteng (ANC); Hon DV Bloem, Free State (COPE); Mr TM Manele, Committee Secretary (Committee Section) and Mr V Mfuniselwa, Administration Assistant (Committee Section).

3. Introduction 4.1 On 18 March 2010, the Premier of North-West Province tabled a notice of intervention in Madibeng Local Municipality to the Office of the Chairperson of the NCOP. Subsequent to the tabling, the notice of intervention was referred to the Select Committee on Co- operative Governance and Traditional Affairs for consideration and reporting in terms of Council Rule 101. In compliance with the Council referral, the Committee resolved to undertake a fact- finding visit to the Municipality on 13 May 2010. In terms of section 139 (2)(b)(ii) of the Constitution, the intervention must end if the NCOP does not positively approve the intervention within 180 days, in this case before the end of 10 September 2010, since the intervention began.

4. Problems Identified by the PEC at the Municipality 5.1 The main issues identified by the PEC to intervene in the affairs of Madibeng Local Municipality related to the irregular personnel appointments, nepotism, poor water and sanitation provision, poor standard of internal road infrastructure, uneven provision of services to the communities, and project delays due to prolonged procurement processes and possible fraud and corruption.

5. Oversight Visit to Madibeng Local Municipality 6.1 On 13 May 2010 the delegation of the Committee had interactive and robust engagements with the internal and external stakeholders of the Madibeng Local Municipality. The main internal stakeholders the delegation interacted with in the Municipality included the Speaker, Mayor, Ward Committee Members, Municipal Councillors, Administrator and the South African Local Government Association (SALGA). The main external stakeholders the delegation interacted with included members of the community, business forums and non- governmental organizations.

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

(A). Municipal Transformation and Organisational Development

6.3 MEC for Finance: The major municipal transformation and organisational development concerns raised by the MEC for Finance (Ms L Mabe), which led to the placing of the Municipality under section 139 (1)(b) of the Constitution, were related to the labour disputes that were not completed on time, irregular personnel appointments, nepotism, and irregular dismissal and demotion of personnel as a result of political interference in the administration of the Municipality.

6.4 Municipal Council: The submissions made by the Mayor and the Speaker reflected that the Municipal Council supported the placing of the Municipality under administration and the appointment of the Administrator in dealing with the executive functions of the Municipality. The major progress reported by the Mayor related to the stakeholders’ consultation and participation in the development of draft integrated development plan (IDP), budget, municipal turn- around strategy, and the engagement of communities to avoid protestation.

6.5 Administrator: The Administrator’s report was based on the poor functionality of Ward Committees, poor reporting to the communities, poor organisational structure, lack of performance- based appraisal system, high vacancy rate, favouritism, and the continued use of contract workers.

6.6 Municipal Councillors: The Municipal Councillors identified the lack of progress in charging senior management who were alleged to be involved in corrupt and fraudulent activities, suspended officials organizing and leading protest marches, the Municipal Manager manipulating some officials and Municipal Councillors, and the appointment of unskilled employees as the main problems confronting the Municipality.

6.7 Organized Labour: The representatives of South African Municipal Workers Union (SAMWU) raised concerns related to the lack of access to information with regard to the progress made since the placing of Municipality under administration, non-functionality of the local labour forum, lack of resources and tools of trade, and the process that was followed leading to the promotion and demotion of employees.

(B). Basic Service Delivery

6.8 MEC for Finance: The MEC indicated to the Committee that the major challenges with regard to basic service delivery in the Municipality were based on the poor provision of water and sanitation, poor standard of internal road infrastructure, uneven provision of services to communities, project delays due to the prolonged procurement processes and possible instances of fraud and corruption.

6.9 The MEC further indicated that the breakdown in service delivery has also been demonstrated by service delivery protests by communities within the municipal jurisdiction, as well as the emergence of a Ratepayers Association who have boycotted the paying for municipal services rendered.

6.10 Administrator: In terms of this key performance area, the challenges reported by the Administrator related to the poor maintenance of water purification plants, water contamination, fragmentation of water service provision, lack of maintenance of roads and a storm water management plan, incomplete housing projects, illegal occupation of vacant land, and the fact that there were too many contractors for waste removal.

6.11 The turn-around plan reported by the Administrator was geared to assist the Municipality to effectively and efficiently deal with the basic service delivery challenges including a review of the water and sanitation arrangements, installation of pre-paid meters, completion of a water and sanitation feasibility study, bulk increase of electricity, development of a water management strategy, and the reviewing and termination of service delivery contracts.

6.12 Community and Business Members: Both these stakeholders raised similar challenges with regard to poor road construction, lack of bridges, lack of transport for people living in rural areas, inadequate access to water and electricity, overflow of sewerage, vandalism of water pumps, and the non-cutting of grass in the municipal jurisdiction.

(C). Municipal Financial Viability and Management

6.13 MEC for Finance: The MEC identified major obstacles with regard to financial viability and management in the Municipality. These related to the allegations of fraud and corruption levelled against the former and current administration and the Municipal Council; non-implementation of findings and recommendations of the Auditing and Accounting Firms; allegations of fraudulent activities, such as the sale of prime municipal land; receiving of kickbacks from the service providers; and the irregular awarding of municipal contracts.

6.14 Administrator: Under this key performance area, the Administrator reported major challenges with regard to the overstated operational budget and wastages, poor contract management and services, poor debtor management, billing and systems collapse, overcharging for consumer electricity, and instances of fraud and corruption. The turn-around plan was to assist the Municipality to deal with the problems related to financial viability and management, including the adoption of a draft budget, recalling of the retired town engineers and the invitation of skilled residents to serve in several Council structures, and further disciplinary measures against allegations of fraud and corruption.

6.15 In order to deal effectively with cross-cutting matters, the Administrator emphasised the need for National Government’s intervention to deal with the PIC loan, for the Provincial Government to address service delivery issues, and for the District to address certain bulk services (i.e. water and sanitation, waste management, roads and disaster management services).

(D). Good Governance and Public Participation

6.16 Administrator: Some of the good governance and public participation concerns highlighted in the Administrator’s report related to the non-functionality of some of the Ward Committees, political interference in the administration, and poor communication and feedback to the communities.

6.17 However, the Administrator reported progress made with respect to the establishment of a stakeholder consultative forum, and consultation with internal and external stakeholders on the development of a turn-around strategy.

1. Committee Observations and Opinion 7.1 The delegation of the Committee is of the opinion that the invocation of section 139 (1)(b) of the Constitution and intervention by the North-West PEC was justified. The appointment of the Administrator on the 10 May 2010 has resulted in the development of a turn-around plan which is aimed at assisting the Municipality to deal with the inherent challenges and stakeholders’ concerns related to the IDP, budget formulation, organisational development, financial management, good governance, public participation, LED and service delivery.

2. Acknowledgement 8.1 Having conducted the oversight visit to the Municipality, the Committee delegation wishes to extend words of appreciation to all the internal and external stakeholders of the Municipality who interacted and had robust engagements with the delegation of the Committee on matters related to the placement of the Municipality under section 139 (1)(b) of the Constitution and the appointment of the Administrator.

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

   9.1.1 The NCOP approves the intervention as issued by the North- West Provincial Executive Council in terms of section 139 (1)(b) of the Constitution.

   9.1.2 The Administrator should fast-track the process of reviewing and developing a database of qualifications of all section 57 managers and table a report to the Provincial Executive Council.

   9.1.3 The Administrator should ensure the proper functioning of the Local Labour Forum and the co-ordination of consultative meetings between the offices of the Mayor, the Speaker and the Chief Whip.

      4. The Minister for  Co-operative  Governance  and  Traditional
         Affairs  should  approach  the  Hawks  to  pursue   criminal
         investigation in all cases of financial  irregularities  and
         fraud  in  Madibeng  Local  Municipality,  as  a  matter  of
         urgency, and a report be  forwarded  to  the  NCOP  in  this
         regard.
   

   9.1.5 The Provincial Executive should provide quarterly reports to the NCOP on the progress made in respect of service delivery, financial viability and management, transformation and organisational development, LED, and good governance and public participation.

   9.1.6 The Administrator should fast-track the process of ensuring that all section 57 managers complete the signing of their performance contracts, and further ensure that those contracts are aligned with the key performance areas of the Municipality.

   9.1.7 The Premier of North-West Province should table quarterly progress reports to the NCOP and the Provincial Legislature on the status of the intervention in the Municipality, including challenges encountered.

   9.1.8 The South African Local Government Association, in co- operation with the Local Government Sector Education and Training Authority, should facilitate training and capacity building for Municipal Councillors and officials in order to further deepen their understanding of the legal framework and policies that govern the activities of the Municipality.

   9.1.9 The South African Municipal Workers Union should work co- operatively with the Administrator in order to strengthen personnel discipline aimed at promoting municipal integrity.

   9.1.10 The Select Committee on Co-operative Governance and Traditional Affairs, in co-operation with the relevant Portfolio Committee in the North-West Provincial Legislature, would conduct a follow-up visit to the Municipality three months after the intervention has ended, in order to monitor progress made in respect of the intervention in the Municipality.

Report to be considered.

1. REPORT OF THE SELECT COMMITTEE ON CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS ON OVERSIGHT VISIT TO NGAKA MODIRI MOLEMA DISTRICT MUNICIPALITY – DATED 19 MAY 2010

2. Background and Overview 1.1 The Select Committee on Co-operative Governance and Traditional Affairs having considered the request made by the National Council of Provinces (NCOP) on 10 March 2010, to consider and report on the extension request of the intervention in terms of section 139 (1)(b) of the Constitution at Ngaka Modiri Molema District Municipality by the North-West Provincial Executive Council (PEC), reports as follows:

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


2. Problems Identified at the Municipality by the PEC
2.1     On 16 July 2009 the Provincial Executive Council (PEC) in North-
    West Province  resolved  to  invoked  section  139  (1)(b)  of  the
    Constitution in the Ngaka Modiri Molema District Municipality.  The
    main issues which led the PEC to invoke the provisions  of  section
    139(1)(b)  of  the  Constitution   and   assuming   the   executive
    responsibilities at Ngaka Modiri Molema District Municipality,  was
    a result of a thorough  eight months assessment of the situation by
    the Provincial Department of Local Government and Housing, as  well
    as  the  National  Department  of   Co-operative   Governance   and
    Traditional Affairs. During the assessment  period,  a  ministerial
    task team led  by  the  Minister  of  Co-operative  Governance  and
    Traditional Affairs was established to identify areas  and  sources
    of  conflict  that  impact  negatively  on  service  delivery   and
    governance in the Municipality.


2.2     The findings of the ministerial task team relates to performance
    of functions by the  Municipality  beyond  its  constitutional  and
    legislative mandate; dysfunctional political governance  structure;
    approval of salary adjustment agreement was in breach of  the  main
    collective   agreement;   non–compliance   with   the   legislative
    provisioning  governing   local   government   sphere;   irregular,
    fruitless and wasteful expenditure; breakdown of  service  delivery
    and instability caused by mismanagement of union strike;  dismissal
    of the Municipal Manager and allegation of  fraud,  corruption  and
    mismanagement.


2.3     Subsequent to  the  ministerial  task  team  findings,  the  MEC
    responsible  for  Developmental  Local   Government   and   Housing
    appointed an Administrator to execute all executive obligations and
    functions of the Municipality, with effect from July 2009.


3. Reason for the Extension of the Intervention Period
3.1     The Premier of the North-West Province, Ms Modiselle,  requested
    an extended period of six months for the appointed Administrator to
    continue assuming the executive obligations  of  the  Ngaka  Modiri
    Molema District Municipality. This was  based  on  the  outstanding
    work which was not completed, in order  for  the  Administrator  to
    facilitate a smooth  hand-over  process  for  the  Municipality  to
    resume its executive functions.


3.2     Some of the outstanding  work  relates  to  the  appointment  of
    section 57 managers  including  the  Municipal  Manager,  financial
    challenges of the Municipality, legal delays  with  regard  to  the
    officials who were charged, pending legal judgements with regard to
    a contractor (Mvula Trust) and  the  performance  audit  has  since
    started. Furthermore, the Administrator was  awaiting  instructions
    from  the  Auditor-General  with  regard  to  disciplinary  actions
    against the Mayor. However,  achievements  have  been  recorded  in
    other key performance areas.


4.      Committee Observations and Opinion
4.1     The Committee is of the opinion that there  is  a  need  to  pay
    greater attention on service delivery issues, and the  Municipality
    must be responsive and address the problems raised by the community
    with the necessary  speed.  The  Municipality  should  treat  every
    service  delivery  problem  with  the  necessary   seriousness   it
    deserves. That all stakeholders in the municipal jurisdiction  must
    assist the transformation process,  within  the  framework  of  co-
    operative government work.


4.2     Furthermore, the Committee wants to emphasize that the extension
    of the intervention period should serve in  facilitating  a  proper
    hand-over process after all  the  pending  main  issues  have  been
    successfully addressed in the Municipality. Equally,  the  extended
    period should facilitate the normalisation of the  current  hostile
    environment, as well as the filling of critical vacant position  to
    address capacity challenges in the Municipality.


5. Recommendations
5.1     The Select Committee on Co-operative Governance and  Traditional
    Affairs recommends as follows:


        1. The NCOP approves the extension of the intervention period at
           Ngaka Modiri Molema District Municipality by  a  further  six
           months, as requested by the North-West  Provincial  Executive
           Council in terms of section 139 (1)(b) of the Constitution.


        2. The Minister  for  Co-operative  Governance  and  Traditional
           Affairs  should  approach  the  Hawks  to   pursue   criminal
           investigation in all cases of  financial  irregularities  and
           fraud in Ngaka Modiri  Molema  District  Municipality,  as  a
           matter of urgency, and a report be forwarded to the  NCOP  in
           this regard.

Report to be considered.

1. Report of the Select Committee on Security and Constitutional Development on Budget Vote 23 of the Department of Justice and Constitutional Development for 2010/11, dated 19 May 2010

The Select Committee on Security and Constitutional Development  having
considered Budget Vote 23: Department  of  Justice  and  Constitutional
Development, reports that it has concluded its deliberations thereon.


Report to be considered

1. Report of the Select Committee on Security and Constitutional Development on Budget Vote 24 of the Department of Police for 2010/11, dated 19 May 2010

The Select Committee on Security and Constitutional Development  having
considered Budget Vote 24: Department of Police, reports  that  it  has
concluded its deliberations thereon.


Report to be considered

1. Report of the Select Committee on Security and Constitutional Development on the Provisional Suspension from Office of Magistrate L B Maruwa, dated 19 May 2010

Introduction


The Select Committee on Security and Constitutional Development, having
considered evidence relating to the report on the provisional
suspension from of Magistrate Mr L B Maruwa, an additional Magistrate
at Daveyton District Court, Gauteng, tabled by the Minister for Justice
and Constitutional Development in terms of section 13(3)(b) of the
Magistrates Act, 1993 (Act no 90 of 1993), reports as follows:


Background

  1. The Select Committee heard evidence from the representatives of the
     Magistrates Commission concerning the matter of the provisional
     suspension from office of Magistrate Mr L B Maruwa on 3 March 2010.


  2. Mr Maruwa was appointed as Magistrate on 1 January 1995. Mr Maruwa
     appeared on 24 August 2007 before the Springs Regional Court on 11
     counts of fraud. On 29 September 2009, Mr Maruwa was convicted of
     fraud on all eleven (11) counts.


  3. The Conviction of Mr Maruwa flowed from the fact that while
     presiding over a case involving a traffic offence allegedly
     committed fraud by endorsing the court records to wrongly reflect:



         i.  that  the  court  wherein  he   presided,   was   properly
            constituted in that the prosecutor in  his  capacity  as  a
            prosecutor was present,
        ii.  that  the  prosecutor  put  charges  to  the  accused  who
            committed the traffic offence,
       iii. that the prosecutor had no address on the merits,
        iv. that the prosecutor proved no previous convictions, and
         v. that the prosecutor had the opportunity to take part in the
            subsequent enquiries in terms of section 170(1) of  Act  51
            of 1977 for the failure of the accused to appear  in  court
            in the listed traffic  offences  reflected  in  the  charge
            sheet.


  4. The Springs Regional Court on 9 November 2009 sentenced  Mr  Maruwa
     to a fine of R5000, 00 or 12 months imprisonment.  Mr  Maruwa  paid
     the fine.


  5.  The  Ethics  Committee  of  the  Magistrates  Commission,   having
     considered the allegations and Mr Maruwa’s representations  at  its
     meeting held on 26 November  2009  resolved  in  terms  of  section
     13(3)(a) of the Magistrates Act, 1993 to provisionally  suspend  Mr
     Maruwa from office with remuneration on the following grounds.

         i. The allegations against Mr Maruwa are  of  such  a  serious
            nature that it  would  justify  his  removal  from  office,
            should he be found guilty of the misconduct charges against
            him.
        ii. The conviction of fraud on eleven counts by a court of  law
            are of such a serious nature as to  make  it  inappropriate
            for him to perform the functions of a magistrate while  the
            outcome of an investigation into his fitness to hold office
            is  investigated.  It  is  inappropriate  for  a   judicial
            officer, convicted of fraud, to  sit  on  the  Bench.  This
            undermines the dignity and image of the Bench.


Committee recommendation




The Select Committee on Security and Constitutional Development, having
considered the report on the  provisional  suspension  from  office  of
Magistrate Mr L B Maruwa,  recommends  that  the  National  Council  of
Provinces  confirms  the  provisional  suspension  from   office   with
remuneration as Magistrate of Mr L B Maruwa.


Report to be considered.

CREDA INSERT - Insert T190510e – Insert 9 – PAGES 1580-1582

1. Report of the Select Committee on Security and Constitutional Development on the Provisional Suspension from Office of Magistrate M T Masinga, dated 19 May 2010

Introduction


The Select Committee on Security and Constitutional Development, having
considered evidence relating to the report on the provisional
suspension from office of Magistrate Mr M T Masinga, an additional
Magistrate at Emlazi, KwaZulu Natal, tabled by the Minister for Justice
and Constitutional Development in terms of section 13(3)(b) of the
Magistrates Act, 1993 (Act no 90 of 1993), reports as follows:


Background
  1.    The Select Committee heard evidence from the representatives of
       the Magistrates Commission concerning the matter of the
       provisional suspension from office of Magistrate Mr M T Masinga
       on 3 March 2010.


 2.    The Chief Magistrate, Durban, in a letter  dated  2  April  2009
       reported that Mr Masinga on 19 March 2009 appeared in the Durban
       Magistrates Court on a charge of contravening  section  17  (a),
       read with section 7 of the Domestic Violence Act (Act No 116  of
       1998). It is alleged that he assaulted his  wife  with  a  blunt
       axe, that he kicked her, hit her with open hands and  threatened
       to kill her. He also assaulted his daughters.

  3.    The criminal proceedings were initially  remanded  to  14  April
       2009. Mr Masinga was granted bail of an amount of R1000.00.  The
       criminal case was thereafter transferred to the Regional  Court,
       Durban, where Mr  Masinga  appeared  on  additional  charges  of
       attempted murder and two counts of assault.

  4.    On 14  July  2009,  the  Ethics  Committee  of  the  Magistrates
       Commission informed Mr Masinga in writing  that  the  Commission
       contemplates to recommend that  he  be  provisionally  suspended
       from office (with or without remuneration), pending the  outcome
       of an investigation into his fitness  to  hold  office.  He  was
       requested to show cause, in writing, why such a decision  should
       not be taken.


  5.    At its  meeting  held  on  26  November  2009,  the  Magistrates
       Commission considered the matter and resolved to  recommend  that
       Mr Masinga be provisionally suspended from  office  in  terms  of
       section 13(3) (a) of the Act.


  6.    The Commission is of the view that the existing evidence against
       Mr  Masinga  is  of  such  a  serious  nature  as  to  make   it
       inappropriate for him to perform the functions of  a  Magistrate
       while the allegations are being investigated.


  7.    lt would be inappropriate for a judicial officer,  appearing  as
       an accused before a court of law on charges of attempted  murder
       and assault to still sit on the Bench.

  8.    The Commission holds the view  that,  without  anticipating  the
      outcome of the investigation into his fitness to hold the  office
      of Magistrate, the existing evidence against  Mr  Masinga  is  of
      such a serious nature that it  would  justify  his  removal  from
      office, should he be  found  guilty  of  the  misconduct  charges
      against him.

Committee recommendation




The Select Committee on Security and Constitutional Development, having
considered the report on the  provisional  suspension  from  office  of
Magistrate M  T  Masinga,  recommends  that  the  National  Council  of
Provinces confirms the provisional suspension from office of Magistrate
of Mr M T Masinga.


Report to be considered.

1. Report of the Select Committee on Security and Constitutional Development on the Provisional Suspension from Office of Magistrate W J M Prinsloo, dated 19 May 2010

Introduction


The Select Committee on Security and Constitutional Development, having
considered  evidence  relating  to  the  report  on   the   provisional
suspension from  office  of  Magistrate  of  Mr  W  J  M  Prinsloo,  an
additional Magistrate at Ermelo, KwaZulu Natal, tabled by the  Minister
for Justice and Constitutional Development in terms of section 13(3)(b)
of the Magistrates Act, 1993 (Act no 90 of 1993), reports as follows:


Background


  1.    The Select Committee heard evidence from the representatives  of
     the Magistrates Commission concerning the matter of the provisional
     suspension from office of Magistrate W J  M  Prinsloo  on  3  March
     2010.

  2.    The investigation instituted by the  Commission  confirmed  that
     ten  complaints  by  a  female  clerk  employed  at   the   Ermelo
     Magistrate’s Office, Ms  S  C  Van  Wyk,  were  filed  against  Mr
     Prinsloo. It is alleged that Mr Prinsloo,  during  the  period  18
     April 2008 to 5 May 2008  on  ten  different  occasions  conducted
     himself in an unbecoming and embarrassing manner by phoning Ms Van
     Wyk and leaving lewd and suggestive messages on her voicemail.

 3.    On  14  July  2009  the  Ethics  Committee  of  the  Magistrates
     Commission requested Mr Prinsloo to show cause why  a  decision  to
     provisionally suspend him from  duty  pending  the  outcome  of  an
     investigation into his fitness to hold office, should not be taken.
     On 8 September 2009 Mr Prinsloo, in his response stated that:
            i.     The incidents happened more than a  year  ago.  Since
                then no similar incidents have occurred,
            ii.    The incidents happened during a very  difficult  time
                in his personal life,
           iii. The criminal case has  already  been  withdrawn  against
                him,
            iv. The dispute between  the  complainant  and  himself  has
                already been resolved through the mediation process,
             v. ln view thereof he should not be suspended and  that  no
                further steps should be taken against him,
            vi. One of the resolutions made during the mediation process
                was that the complainant would request that all criminal
                and misconduct  steps  be  withdrawn  against  him.  The
                complainant has addressed a letter dated 25 August  2009
                where she requested that the  misconduct  steps  against
                him be withdrawn, and
           vii.  Once  all  criminal  and  misconduct  steps  have  been
                withdrawn against him, he will apply for a suitable post
                as soon as posts are advertised.

4.     At its meeting held on 26 November 2009 the  Commission,  having
     considered Mr Prinsloo’s response and Ms Van Wyk’s letter  as  well
     as further representations from Mr Prinsloo, his Judicial Head  and
     the Chief Magistrate,  Nelspruit  resolved  to  recommend  that  Mr
     Prinsloo be provisionally suspended from office in terms of section
     13(3)(a) of the Act. The following considerations weighed with  the
     Commission:


    I. Allegations against Mr Prinsloo are of such a serious nature  as
       to make it inappropriate for him to perform his functions  while
       the allegations are  being  investigated  and  that  should  the
       allegations be proven true, he would be  liable  to  be  removed
       from office.


   II. Given the current public opinion against the abuse of  women  by
       men, Mr Prinsloo’s continued service on the Bench would severely
       damage the image of the judiciary. His continued service may  be
       construed as some indication of insensitivity.


  III. Judicial Officers are expected  to  be  exemplary  in  order  to
       inspire confidence in the administration  of  justice.  Although
       the  accusations  are  still  to  be  proven;  the  sheer  moral
       depravity of the allegations is such that Mr Prinsloo should  be
       taken off the Bench in the meantime.


   IV. The nature of Mr Prinsloo’s response to the allegations  implies
       that he may elect not to deny the allegations.  The  complainant
       made it a condition of her withdrawal of  the  criminal  charges
       that  Mr  Prinsloo  be  transferred   from   the   office.   The
       recommendation is therefore that he be  provisionally  suspended
       from office.


Committee recommendation




The Select Committee on Security and Constitutional Development, having
considered the report on the  provisional  suspension  from  office  of
Magistrate W J M Prinsloo, recommends  that  the  National  Council  of
Provinces confirms the provisional suspension from office of Magistrate
of Mr W J M Prinsloo.


Report to be considered.