WEDNESDAY, 26 MAY 2010 __

          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
                                ____

The Council met at 14:00.

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.

           NO NOTICES OF MOTIONS OR MOTIONS WITHOUT NOTICE

The CHAIRPERSON OF THE NCOP: Hon members, I have been informed that the Whippery has agreed that there will be no notices of motions or motions without notice today.

                         APPROPRIATION BILL

                           (Policy debate)

Vote No 13 - Arts and Culture:

The DEPUTY MINISTER OF ARTS AND CULTURE: Chairperson, hon members, MECs present here, ladies and gentleman, I stand before this House to present the Budget Vote for the Department of Arts and Culture for the financial year 2010-11, a year which the ANC has declared as the year of working together to speed up effective service delivery to the people.

We present our Budget Vote a day after we have marked the 47th anniversary of Africa Day, which this year we will celebrate under the theme “Promoting and Maintaining Peace in Africa through Sport”.

As we celebrate Africa Day, we once more commit ourselves to the goal of promoting unity and progress across the continent. We must also remember our African brothers and sisters in the diaspora, especially the people of Haiti following the earthquake that destroyed many of their lives and livelihoods. As part of our work in supporting the people of Haiti as they rebuild their country, we launched the African Artists for Haiti initiative last month.

This year’s theme for Africa Day takes on even more significance as our country is preparing to welcome the peoples of the world to the 2010 Fifa World Cup. During that historic moment when the first whistle is blown to signal the start of the games, we will proudly proclaim that Africa’s time has come: Afrika ke nako [Africa, now is the time]! The Department of Arts and Culture continues to make significant advances in pursuit of its vision to develop and preserve South African culture to ensure social cohesion and nation-building. Part of our work involves highlighting the important role that the arts, culture and heritage sector can play in the growth and development of our economy. This is particularly significant in light of the need for us to continue strengthening our offensive on poverty and unemployment.

In countries such as the United Kingdom and India, the arts, culture and heritage sector represents one of the fastest-growing economic sectors contributing to job creation and poverty alleviation. In our country too, there is evidence that this sector is a significant contributor to the gross domestic product. Most importantly, this sector provides a sustainable livelihood to women, youth and rural communities.

This reality was reaffirmed at a presidential imbizo last year where President Jacob Zuma, various Ministers and MECs of arts and culture met with the creative industry practitioners. This imbizo marked renewed efforts by our government to reposition the creative industries. This will be done with a view to acknowledging and enhancing the sector’s contribution to the broader objective of government to grow the economy and create jobs.

It is for this reason that the Department of Arts and Culture is currently siezed with the important task of mapping cultural industries and researching their economic impact. It is critical, for example, to know to what extent events such as the Mangaung African Cultural Festival, the North West Cultural Calabash held annually in Taung, the Cape Town Carnival, the National Arts Festival and many other festivals contribute to the economies of most of the host cities.

It is also important that we pay attention to the urgent need to build the appropriate skills base required to sustain and further develop this sector. In this regard, efforts are under way to establish a national skills academy for the arts. We are currently consulting with all relevant stakeholders, including our international partners, to ensure the success of this initiative.

The national skills academy will become a centre of excellence whose purpose will be to fine-tune the abundant talent that many of our artists have, with a view to ensuring that they become the best in the world.

Arts training initiatives and programmes conducted by different provinces will serve as feeders to the national skills academy. It is for this reason that we will continue to work closely with provinces to ensure the success of this initiative.

The Department of Arts and Culture, together with the Presidency, will continue to lead celebrations and commemorations of national days. In line with the directive from the President, we have begun a process of ensuring that all political parties represented in Parliament take part in these events.

We take this opportunity to thank the leaders of political parties for working together with us to ensure maximum and diverse participation in the celebrations and commemorations of national days. From now on, national days will no longer be seen as the exclusive preserve of certain sections of our society. We are building a country united in its diversity.

In order to sustain the momentum we have built up in this regard, provinces and municipalities will have to play a major role in mobilising communities to attend these events. Provinces and municipalities must therefore be part of the planning and the development of programmes for these events to ensure that they are relevant and can appeal to the targeted communities.

During the month of June we will be commemorating the 34th anniversary of the June 16 youth uprising. The Youth Day commemoration for this year will be in KaNyamazane in Mpumalanga. Of significance is that we will be marking this important event with the rest of the world who would have come to our country for the World Cup. It is therefore important that we continue to mobilise young people to participate in cultural activities for the 2010 World Cup and beyond.

In pursuit of this objective, the Department of Arts and Culture continues to encourage mass participation, especially by young people, in arts and culture. This we do through programmes such as the Arts Education Programme, which we have undertaken in partnership with the Department of Education. Through this programme, we seek to expand access to arts education and also improve the quality of arts and culture education, especially in public schools.

In addition, through the SA Schools Choral Eisteddfod, we continue to encourage mass participation by young people, especially learners, in choral music. This event, which also contributes to social cohesion and fosters nation-building, last year alone drew the participation of about 5 000 learners from across all provinces.

We have also partnered with the Field Band Foundation to strengthen efforts to build a strong and sustainable youth band movement across the country.

Another mass participation project is the My 2010 School Adventure competition. Through this programme, we seek to mobilise our young people behind the 2010 Fifa World Cup. Furthermore, this programme seeks to encourage our young people to know and take pride in their national symbols. Also linked to this initiative is the Fly the Flag in Every School campaign, through which we seek to further entrench an appreciation of our national symbols, in particular the national flag, amongst learners in all our schools.

This campaign is conducted in partnership with the provincial departments of education as well as the provincial departments of sport, recreation, arts and culture.

As we move forward, we will pay attention to ensuring that the Arts in School programme is implemented in all provinces. As part of our community arts project and developing performances in the rural areas, we will be participating in the establishment of a community arts centres in Muyexe in Limpopo this year. We will also be hosting a traditional music and dance festival in Muyexe.

We are doing all of this to ensure mass participation in arts and culture, especially by young people throughout the length and breadth of our country. We must not fail in these initiatives because the youth are the future of our country. Furthermore, we continue to encourage the use and promotion of all languages, especially among young people, through our programme to encourage multilingualism, and through the development of language policies and legislation.

Working together with the National Heritage Council, we have begun a process of consultation with all provinces on the implementation of the National Liberation Heritage Route. The involvement of provinces in this project can never be overemphasised. Indeed, we rely on provinces and municipalities to strengthen the process of identifying local heroes and heroines, as well as sites that will form part of the National Liberation Heritage Route. Provinces and municipalities also have a role to play in ensuring that the stories of these heroes and heroines, and the sites where they lived, are told correctly and in full.

Last year we announced the completion of a draft national policy on intangible cultural heritage. On implementation, the policy will affirm previously neglected aspects of our heritage such as folklore, performance and indigenous knowledge systems. Part of what this policy will do will be to ensure that the oral testimonies, especially of the indigenous people, the ordinary men and women of our country, are recorded as part of our history and are passed on to future generations. We will therefore rely on provinces to mobilise local communities to bring forward their perspective and experiences.

Part of the reconstruction and development of our country requires that we pay attention to the moral regeneration of our society. Moral regeneration is central to the objective of promoting the positive values and fully entrenching the values of ubuntu within our society.

The Department of Arts and Culture will therefore continue to work with the Moral Regeneration Movement in promoting the renewal of our society. This year we will participate in activities that form part of Moral Regeneration Month in July, to be held in the North West province. Furthermore, the department will this year undertake research into moral regeneration initiatives throughout the country to assess their impact on our society.

In conclusion, let me start by thanking members of the select portfolio committee for their oversight on the work of the Department of Arts and Culture. I also wish to thank MECs from the various provinces and provincial departments of arts and culture for working well with us as we build this nation and promote social cohesion together.

Let me also thank the director-general, managers and staff of the Department of Arts and Culture for their hard work, and for ensuring that we remain focused on the task at hand. Finally, I take this opportunity to wish our national team, Bafana Bafana, well during the World Cup. We have no doubt that they will indeed do their best to make us proud. Afrika ke nako! [Africa, now is the time!] Ke a leboga. [Thank you.] [Applause.]

Ms M W MAKGATE: Chairperson, hon members, Deputy Minister of Arts and Culture …

e re kwa ntlheng ke baakanye … [… let me correct this from the outset …]

… Deputy Minister, we are the select committee on arts and culture and not the portfolio committee. Today I feel privileged to participate in this important debate on arts and culture.

On 26 June 1955, 55 years and 30 days ago, the real Congress of the People, the ANC, adopted the Freedom Charter in Kliptown. Under one of the Freedom Charter’s headings, namely “The Doors of Learning and Culture Shall be Opened”, is stated, and I quote:

The government shall discover, develop and encourage national talent for the enhancement of our cultural life.

In order to attain the Freedom Charter’s objectives, we need policies or frameworks that will speak to the social, cultural and economic advancement of vulnerable and marginalised groups, especially the disabled, youth, women and children.

The strategic framework of the department states that it has a learnership programme that aims to recruit 20 learners for the current financial year, 2010-11. It is a good initiative. The question remains, though: Does it give practical expression to the ANC’s policy position on skills development? Is this enough to meet the President’s call in his state of the nation address on the pace of delivery to the people, as per the mandate of the Freedom Charter?

The department’s strategic framework lacks clarity on the amount that is budgeted for it to realise its objectives. The department fails to give budget breakdowns under Programme 1: Administration to indicate how the budget is linked to the department’s priorities.

In my previous speech I spoke about youth and women’s training. The department responded positively by including youth as a target group, and this we welcome. Programmes should include other target groups such as women and people with disabilities, the reason being that we have an obligation to ensure that artists are adequately trained to unleash their potential in order to participate in the economic development of our country.

According to the department’s strategic framework, more emphasis is placed on the commemoration of Women’s Day and the Women’s Art Festival and campaigns, than on activities focusing on the socioeconomic empowerment of women through training, skills, and participation and opportunities in the arts, culture and heritage sector.

The National Language Service’s objective is to develop, promote and protect all official languages through policy formulation and implementation. On close scrutiny, the impact of the department’s programmes on other departments is minimal, for example Grades R to 8 are expected to be taught in and to use their mother tongue, but they are facing the challenge of learning materials not being available in the indigenous languages. The issue of materials not being in indigenous languages in our libraries is still a challenge. Equally so, as parents we have a responsibility to encourage and teach our children our own languages and to be proud of our culture, lest they become a generation without identity.

Go utlwisa botlhoko go fitlhela bana ba rona ba sa itse puo ya rona ya SeAforika. Go utlwisa botlhoko gape le go lemoga rona batsadi re ikgatlha gore ngwana ga a itse Setswana mme o bua Seesimane fela. Selo se se dira gore bana ba rona ba fitlhele ba inyatsa, bana ba rona ba sa kgone go itse setso sa bona le go itlhaloganya gore ke bomang.

Gape go sa itse puo ga bana ba rona go dira kgolagano ya bona magareng ga bona le bonkgolo le borremogolo bokete gonne ga ba kgone go nna fa fatshe go tlotla le bona gore ba kgone go itse dilo tse di diragetseng mo nakong e e fetileng le setso sa bona. A jaaka MaAforika re rotloetse bana ba rona go itse puo ya bona. A re dire jaaka MaAforekanere. Bana ba bua Seesimane fa ba le kwa sekolong, fa ba fitlha kwa gae ba bua Afrikaans. (Translation of Setswana paragraphs follows.)

[It is heartbreaking to find out that our children cannot speak our African languages. It is also heartbreaking to realise that we as parents are proud that the child cannot speak Setswana but can only speak English. This leads to our children not being confident about themselves and being unable to know who they are and what their culture is.

Furthermore, not knowing their language makes their interaction with their grandparents difficult since they cannot sit together and communicate with them so that they can know their history and culture. As Africans, let us encourage our children to know their language. Let’s emulate the Afrikaners. Their children speak English at school, but when they get home they speak Afrikaans.]

According to the department’s current budget, the allocation to community libraries is R512,660 million, which is 21% of the department’s budget. The budget is intended to promote access to information for the visually impaired by extending library services and co-ordinating Braille production. But these services are not available in most of our libraries in the smaller towns and rural areas.

The budget also aims to facilitate the establishment of the new community libraries and upgrade the existing ones through conditional grants. However, challenges remain, for example underspending by provincial departments. As the President said in his state of the nation address, we need clear policy interventions that are outcomes-driven. This will enable us to pick up early on such matters.

On the issue of name changes, name changes are a necessary process. It has the potential to promote national reconciliation if properly handled. It should be based on the clear principles aimed at changing colonial and apartheid-era names, while equally preserving the positive aspects that reflect our history and the need to restore the proud heritage of the indigenous people.

There is a need to accommodate diversity in our national heritage and have inclusive and democratic processes. We call on other parties to see this as a necessary process in which everyone should participate - and not only when it suits them through court interdicts - in order to contribute towards national reconciliation.

Re lebeletse thata go tswa mo lefapheng la Botaki le Setso jaaka e le lona le le tla agang setšhaba sa Aforika Borwa. Ke batla go bua ka kgang ke e, e re fitlhelang re na le maitemogelo a yona go tswa kwa Bokone Bophirima. Ngwaga le ngwaga go na le moletlo o o tshwariwang o o bidiwang Taung Cultural Calabash. Morago go tshwarwe moletlo o mongwe kwa Potchefstroom kwa Tlokwe o o bidiwang Aardklop National Arts Festival. Ke batla go tlhalosa gore fa o ya kwa Taung Cultural Calabash ke batho ba bantsho fela mme fa o ya kwa Aardkloop National Arts Festival, ke moletlo wa batho basweu fela.

Bothata ba me ka meletlo e ke gore re dirisa chelete ya lefapha go rotloetsa kgaogano go na le gore re age setšhaba. Go ya ka nna, fa re sa tlhokomele selo se, ke rona jaaka lefapha re tsweletsang kgaogano ya merafe ya Aforika Borwa.

Kwa bokhutlhong, ke batla go nopola se se tlhageletseng mo Sowetan sa gore Rre Irvin Khoza o a leboga; o itumelela gore Sejana sa Lefatshe se dirile tiro e e botlhokwa thata ya go ruta batho ba rona go tlhaloganya le go itse matshwao a rona a bosetšhaba. Le rona re iponetse gore batho ba le bantsi ba itumetse ba itse le go opela pina ya bosetšhaba. Le nna jaaka ke eme fa ke itse go e opela. (Translation of Setswana paragraphs follows.)

[We are expecting a lot from the Department of Arts and Culture as it is the one that will build the South African nation. I want to talk about this story, which we have knowledge of from the North West province. Every year there is a celebration called the Taung Cultural Calabash. After that other celebrations are held in Potschefstroom, or Tlokwe, called the Aardklop National Arts Festival. I want to explain that when you go to the Taung Cultural Calabash, only black people are there, while at the Aardklop national festival it is only whites who celebrate.

My problem with these celebrations is that we use the department’s finances to encourage racial division rather than build the nation. In my view, if we don’t take notice of this thing, we will be held responsible as the department for promoting racial division within communities in South Africa.

Lastly, I want to refer to what was printed in the Sowetan, namely that Mr Irvin Khoza expressed his gratitude; he is happy that the World Cup did an important job of teaching our people to understand and know our national coat of arms and symbols. We also saw that most people know and sing the national anthem. Even I, as I stand before you, know how to sing it.]

In conclusion, in about 15 days from today, we will be opening one of the biggest events in South Africa on behalf of Africa, the 2010 Fifa World Cup. We need to extend our inherited “ubuntu-ness” to our global visitors in order for them to share their experiences with others back home and crave coming back to our beloved motherland. The ANC supports the Budget Vote. I thank you. [Applause.]

The CHAIRPERSON OF THE NCOP: Just before we continue, hon Lewis Nzimande, we have been informed that you have not been well over the past few weeks. We are thankful that you have recovered so soon and that you have joined us again. On behalf of the NCOP, we welcome you and are thankful for your recovery. [Applause.]

Mr M J R DE VILLIERS: Hon Chairperson, Ministers, Deputy Ministers, hon members and guests, it is an honour to take part in this debate of the Department of Arts and Culture.

The department receives an allocation of R2,63 billion from Treasury. These funds are for the funding of six of the planned programmes of the department. What is obvious about the funding is that administration has a nominal change of 7,24% and a real change of 0,51%. Arts and Culture in Society has a decrease of-16,94% in nominal change and-22,15% in real change over the 2009-10 to 2010-11 budgets.

Programme 3: National Language Service has a decrease of-6,08% real change. Cultural Development and International Co-operation has a decrease of-9,52% real change and Heritage Promotions has a decrease of-23,58% real change. National Archives, Records, Libraries and Heraldic Services has a real change of -10,14% over the 2009-10 and 2010-11 financial years.

The department has many challenges and the allocation of funds raises questions if the department expects to reach the critical goals set by them.

In Programme 2, the department struggled to achieve the following: firstly, access to the arts and education training in the correctional services programme and the Youth Enrichment Programme in all provinces; secondly, the establishment of the language units in government departments and the provincial language policies; thirdly, the standardisation of geographical names nationally, provincially and locally; and making popular South Africa’s national orders and symbols.

I received this information from the researcher of Parliament’s documents. Many other challenges have been mentioned in this document. On the last challenge, the department said in its presentation that they experienced a lot of problems with role-players, especially in following the correct procedures in the process of name changes.

To solve the problem it is necessary to develop, revise and sharpen the regulations and do extensive advocacy so that everybody can understand what is expected from them when it comes to name changes. The problem of time and money wasted can be solved by this process. The respect and dignity in honouring our national orders and symbols need very much to be sharpened. This is key to nation-building in society.

Very few people and children have any knowledge of our national orders, symbols and anthems; how to display it, how to honour it, how to sing it, how and when to showcase it. We must educate the whole nation extensively in the understanding of our national orders and symbols. We will need money to run the programme extensively, therefore the real decrease of- 6,08% in this programme is problematic.

The development of our youth in communities and in prisons is very important because they are the new South African nation. The quality of the new citizens of South Africa must be secured and developed, now and not later. One of the good discoveries drawn out of the Fifa 2010 World Cup is the weakness in the knowledge of our national orders and symbols.

Another problem the department has in the Cultural and International Co- operation Programme is that government departments must direct a clear mandate of who is responsible to build this in society and internationally. We cannot allow the situation that when it comes to the allocation of funds, there is a viewpoint that the Department of International Relations and co-operation is the mandatory department. A memorandum of understanding and co-operation must be signed to solve this problem.

If we want to develop our youth, it is very important that government must have a clear and directed plan of programmes on how to address the many shortcomings in community and school libraries. It is of great concern that none of the provinces has a policy on libraries. I know that school libraries are the mandate of the Department of Education but we, as well as the department, must play a role to see how we can solve that problem.

We know that to address the legacy of apartheid by which only 7,23% of public schools have functional libraries, is a huge challenge. In the document “We can’t afford not to” by Equal Education in 2010, it is stated that with careful financial planning it is feasible for the government to phase in functional school libraries countrywide. Government must develop a strategic plan and implementation programme to address the problem. This will need government to restructure the funding and strategic objectives and programmes in a disciplined and responsible manner.

Chairperson, one of our valuable assets is the Robben Island Museum. We must get the managing and everything that goes with these museums and others right and functional because South Africa is unique in her diversity. The Department of Arts and Culture is the only department that can do this in all its programmes, but must never forget that it is of integral importance to have an interdepartmental and public sector relationship with all role-players.

Allow me to thank the department for doing their utmost best with the available funding for service delivery in arts and culture as a whole. I thank you, Chairperson. [Applause.] Nk W P ZONDI (KwaZulu-Natal): Sihlalo, ngiyabonga ukuthola leli thuba lokuba ngikhulume lapha, ngizoqala ngokuthi ngibonge inkulumo kamhlonishwa uNgqongqoshe uLulu Xingwana. Inkulumo yakhe ikhuthaze kakhulu yenza nathi KwaZulu-Natali sizibone ukuthi sisemgqeni nekhwela likaMongameli wezwe elithi “Ngokubambisana singenza okuningi”.

Ngaphandle kokuchitha isikhathi, uMnyango Wezobuciko Namasiko ube usuphuma emahhovisi waya phansi kubantu, komasipala, eMinyangweni, kubantu wayosebenzisana nabo ngenhloso yokwenza abantu ukuthi bazi amasiko nobuciko ukuthi kungamagugu abo. Kodwa, akusiyona into yokuhlomulisa ezinye izizwe, abanye abantu noma ogombelakwesakhe abazinothisa ngomnotho wabo.

Lokhu ngikusho ngoba KwaZulu-Natali sinomasipala abayishumi nanye, esithi imikhandlu yezifunda. Umnyango wethu uhambile-ke wayosekela amabhizinisi okubambisana kulabomasipala. Sakha abantu abazokwazi ukuthi uma ngabe kuqalwa umsebenzi, uqalwa ngomama noma yintsha lapha phansi, kodwa uthole ukuthi kufika abantu sebewuthatha lowo msebenzi bawudayise emazweni banothe ngawo. Uthole ukuthi laba bantu abalaphaya basadla imbuya ngothi, abahlomuli lutho kuloko.

UMnyango Wezobuciko Namasiko awubhekelele lokhu kuphela, uphinde ubhekelele ukuthi omasipala bethu abebesele ngemuva - ngoba sizokhumbula ukuthi KwaZulu-Natali ngonyaka ka-2004 lapho sakwazi ukuthi sifeze izinhloso zoMqulu Wenkululeko. Lapho sithi abantu bayokwabelana ngomcebo. Lapho sikwazile ukuthi siphume sisebenze, ngoba inkululeko ifike kamuva KwaZulu- Natali.

Ngaleyondlela uMnyango ube usuya komasipala wahlela nabo ngoba kuqala into ebiyenzeka ukuthi uma kuzokwakhiwa izindlu kwakhelwa abantu noma kuzokwakhiwa ilokishi, bekungabi nandaba nokuthi uma labantu bakhelwe, zikhona yini izindawo zokungcebeleka, nezindawo zokuthi benze izinto ezingamasiko abo, zibekhona ngesikhathi kuqalwa kuhlelwa. Lo Mnyango wethu ukwazile ukuthi uma kuzokwakhiwa izindlu noma ngabe iyiphi intuthuko, ubhekelele ukuthi izindawo zamasiko nezemidlalo zikhona.

IKwaZulu-Natali yisifundazwe esehlukene kakhulu, isenezindawo zasemakhaya. Uma ukhuluma ngedolobha, ukhuluma ngoMgungundlovu neTheku nje kuphela. Uma usuwehla uhambela bonke omasipala uthola ukuthi kuhlushekiwe laphaya, abantu abathuthukile. Yikho lokhu obekwenza ukuthi abantu banqwabelane ezindaweni ezisemadolobheni.

Yilokhu okwenziwa uMnyango wethu ukuthi abantu baqale bathole izinsizakuphila ezindaweni abakuzo. Ikakhulukhazi uMnyango uqale wasabalalisa imitapoyolwazi lapho abantu bakwaZulu-Natali bezokwazi ukuthola ulwazi, bafunde ngezinto zabo ezindaweni abakuzona. Abantu bangagcini ngenkathi mhlawumbe kade bemelwe uthisha esikoleni, uma ebuya lapho uyolusa izinkomo, bese ekuseni kube yima eyobonana nothisha. Kodwa namhlanje abantwana bakwaZulu-Natali ezindaweni abakuzona bayakwazi ukuthi baphume bayofunda kwimitapoyolwazi. Akugcinanga lapho, uMnyango Wezobuciko Namasiko ukwazile ukuthi usebenzise abasebenzi bawo abagxile kakhulu kwezolimi. Sinebhuku eselinamamakhasi angama-350 eseliphelile elihlanganise isiZulu nesiNgisi. Okusho ukuthi bonke abantu baseNingizimu Afrika bakhululekile ukufunda ngolimi abakhululeke ngalo KwaZulu-Natali. Lokhu sikwenza nje … Ngiyabonga. [Kuphele Isikhathi.][Ihlombe.] (Translation of isiZulu speech follows.)

[Ms W P ZONDI (KwaZulu-Natal): Chairperson, thank you for giving me the opportunity to speak here. Firstly, I will start by thanking hon Minister Lulu Xingwana for her speech. Her speech was very encouraging and it has also made us realise that we too, as the people of KwaZulu-Natal, are on track in respect of the President of the country’s slogan that says “Together we can do more”.

The Department of Arts and Culture did not waste time; they went to the people on the ground – to municipalities and to different departments – with the aim of making them aware of the importance of their heritage and that this heritage is not meant to benefit other nationalities, or only some people or capitalists who enrich themselves.

I am saying this because we have 11 municipalities in KwaZulu-Natal, known as district municipalities. My department, therefore, went to these municipalities to support partnerships. In so doing we are grooming people who would be able to protect projects that have either been started by women or the youth from people who would just come from nowhere and sell these products in other countries, enriching themselves in the process. You will then find that the people on the ground remain poor because they do not benefit from these projects.

The Department of Arts and Culture is not only dealing with that, but it also deals with our municipalities that were lagging behind – you will remember that in 2004 the KwaZulu-Natal province was able to fulfil the objectives of the Freedom Charter, which states that the people shall share the wealth of this country. We were able to go out and work because freedom came later in KwaZulu-Natal.

Therefore, the department went to the municipalities and engaged with them in planning because what was happening previously was that when houses or a township was to be built, it did not matter to the authorities whether entertainment facilities and places for practising cultural activities would be available or not. This department of ours made sure that if houses were to be built or any other development was to take place, provision had to be made that space would be set aside for cultural and sporting facilities.

KwaZulu-Natal is a very diverse province as it still has extremely rural areas. If you speak of a town you are only referring to Pietermaritzburg and Durban. If you go down to all the municipalities, you would find that people are so poor down there, because there is no development. That is what has resulted in people migrating to towns.

What our department is doing is starting to deliver services where people are staying. The department has started by building libraries where the people of KwaZulu-Natal would be able to gain information and read about issues that concern them where they are staying. People should not read books when the teacher is standing in front of them only – and after school go to herd cattle and only see a book again in the morning. Today children in KwaZulu-Natal can go to the libraries after school to read.

It did not end there. The department of arts and culture made use of its employees who are more focused on language. We have compiled a dictionary of 350 pages that comprises isiZulu and English words. This means that all the people of South Africa are free to be educated in the language of their choice in KwaZulu-Natal. We are just doing this … Thank you. [Time expired.] [Applause.]]

Ms M G BOROTO: Chairperson, hon Deputy Minister, Mr Paul Mashatile, hon members of the NCOP, MECs from different provinces, director-general, Mr Wakashe and distinguished guests, I would like to premise my input on the Budget Vote on Arts and Culture on the policy perspective of the ANC. As the ANC, we forthrightly support Budget Vote No 13.

The slogan, “Ready to Govern”, adopted by the ANC in 1992 as its policy, was reflected in arts and culture in the following manner. Policy recognises that well-stocked libraries should be established throughout the country, in both rural and urban centres, to encourage a reading culture among our people.

The ruling party and government are on record as promoting social cohesion since the dawn of democracy in 1994. The ruling party still recognises the importance of building social cohesion through heritage, arts and culture, and sports and recreation. It is through building social cohesion that you can truly build a nation.

South Africa emerged from a troubled history. For the first time since the conquest of these shores, we are enjoying democratic freedoms. The collision of cultures does not necessarily lead to subjugation and hegemony. It may also lead to a subtle cross- pollination of ideas, words, customs, art forms, and culinary and religious practices.

This dynamic interaction has always played a role in cultural enrichment, which has resulted in an extraordinarily fertile and unique South African culture that binds our nation in linguistic, cultural, culinary and religious diversity in so many forms.

South Africa has a challenge in the dominance of certain languages over others. There is a need to balance this factor. All languages are recognised and given the same status in the Constitution. All South Africans should be free to use any South African language of their choice in dealing with the state.

Within reasonable limitations, steps should be taken to ensure that no citizens who are illiterate or whose knowledge of a particular language is limited are thereby impeded in their access to public services or in the realisation of their rights as citizens.

Hence we are saying that even those languages spoken by South Africans, such as Portuguese, Hindi, Hebrew, and so forth, should be respected and promoted.

In view of the fact that the film and video industry has been dominated by the influence of commercial forces, the ANC believes that a national control mechanism should be strengthened. Such a mechanism should be responsible for the administration of the public funds set aside for the development of the film and video industry. This structure should look at the viability of establishing professional training centres in film and video, and conducting research into the structure of the industry in the local communities.

Therefore, further funds for the arts should be raised from the private sector and taxes that were raised on local and overseas commercial exploitation of our cultural background. The creative arts industry is one of the growing industries in our society. It is one sector that promotes entrepreneurship and contributes towards job creation, skills development and the economic empowerment of many people, especially those in rural communities.

Cultural development and international co-operation combined allocated a total of R139,5 million towards cultural development and investment in cultural projects. The committee challenges the department to assist the poor with developing business plans and accessing that funding.

According to the President, in his state of the nation address, the role of arts and culture he alluded to was encouraged by the vision of an inclusive society, a country which belongs to all, a nation united in its diversity, and people working together for the greater good of all.

Our beautiful Constitution is a cornerstone of our cultural development. There is a strong connection between our Constitution and the cultural principle of ubuntu. Our liberation as a people will be judged by the extent to which our cultures develop. As such, development does not take place in a historical vacuum.

The strategy and tactics document of the ANC articulated that cultural heritage promotion should encourage nation-building and unity in diversity. It must ensure that tradition, religious expression and other belief systems are consistent with the values of our country’s Constitution.

We have managed to build a new South Africa through our acknowledgement of the cultural diversity and cultural heritage that exist in the country. This has allowed us to embrace our differences and to live in harmony with one another. Coming from Mpumalanga …

… ngizikhakhazisa ngokuthi eMpumalanga siyithathela ehloko indaba le yamasiko, ubukghwari namagugu kufikela ekutheni … [… I am proud that in Mpumalanga we take seriously the issue of culture, arts and heritage and …]

… we are proud of Nothembi Mkhwebane who had the national Order of Ikhamanga in silver bestowed upon her by the hon President Jacob Zuma on Freedom Day. She received this honour for putting Ndebele music on the world stage. [Applause.]

Singapheleli lapho, begodu sinoJinda obuya kwaNyamazane, … [Furthermore, we also have Jinda who is from KaNyamazane …]

… who recently won a South African traditional music award for the best traditional album in Siswati.

Asipheleli lapho, Sihlalo, sithi thina njengabantu ababuya eMpumalanga … [Furthermore, Chairperson, as people coming from Mpumalanga we say …]

… our MEC, Comrade Shongwe, is so serious about libraries that four new ones are going to be built in different municipalities and there will be upgrades in other municipalities.

In conclusion, South Africa is hosting a prestigious Fifa Soccer World Cup in June this year. The nations of this world will not only converge on our country but will display their divergent cultures. South Africa took this opportunity to display its own cultures and this will be witnessed at the opening of the Fifa Soccer World Cup on 11 June 2010. Various forms of art will be presented to the whole world to admire and inspire.

I am thus excited about the hosting of the Soccer World Cup and its potential to present our culture to the people of the world. The ANC will continue to encourage an exchange between the people of South Africa and the rest of the world.

In building a caring society, let us join hands and work together towards developing and preserving South African culture in order to ensure social cohesion and nation-building. The select committee supports the Budget Vote. I thank you. [Applause.]

Ms J HARTNICK (Western Cape): Chairperson, hon Deputy Minister, Paul Mashatile, hon members, the national Department of Arts and Culture’s budget allocation of R2 406 billion represents a growth of 25,5% from R1,3 billion in 2006-07 to R2,6 billion in 2009-10. It is noted that this growth was mainly due to the additional expenditure required as conditional grants for capital projects such as developing Freedom Park, upgrading and maintaining declared cultural institutions and improving public and community library services.

The co-ordination of the funding of the literary, visual and performing arts between the various government departments, the National Arts Council, provinces and their various structures as well as the lottery trust fund has become a matter of urgency to ensure sustainability.

While government is providing various funding mechanisms, the arts, culture and heritage community must understand its responsibility to ensure good governance when it accesses public funding, whether it is from public funds or from donors. The Western Cape province is looking forward to discussing the proposed partnerships regarding the national department’s arts, culture and heritage programmes for women, children and persons with disabilities in 2010.

Daar is kennis geneem van die onlangse uitspraak van die Hooggeregshof in Pretoria, rakende die noodsaaklikheid vir die Departement van Kuns en Kultuur om nasionale wetgewing te ontwikkel, rakende die gelyke status van die 11 amptelike tale.

Dit is ook nodig dat nouer samewerking plaasvind tussen die taaldienste van die nasionale en provinsiale regerings, sowel as dié van munisipaliteite en die taalontwikkelingsliggame wat by universiteite gesetel is. (Translation of Afrikaans paragraphs follows.)

[Cognisance is taken of the recent judgment by the High Court in Pretoria, regarding the necessity for the Department of Arts and Culture to develop national legislation regarding the equal status of the 11 official languages.

It is also imperative that closer co-operation takes place among the language services of the national and provincial governments as well as those of the municipalities and the language development bodies that reside at the universities.]

In the Western Cape, a provincial language policy was developed in 2000. The Western Cape department of cultural affairs and sport, together with its partner, the Western Cape Language Committee, is responsible for oversight on the implementation of the provincial language policy as well as the provision of language services, translation, editing and interpretation to all departments in the provincial government of the Western Cape. Aligned to the constitutional mandates, and in ensuring the equal status of the three official languages of the Western Cape, it is important to bear in mind that an active process of promoting the previously marginalised indigenous languages - this includes isiXhosa as a marginalised official language and the Khoi, Nama and San languages, as well as sign language and deaf awareness - needs to be maintained by means of awareness programmes across our province and in all the provincial departments and organs of state.

As far as the promotion of marginalised languages is concerned, it is worth noting that the Western Cape department of cultural affairs and sport received the Pan South African Language Board, PanSALB, multilingualism award for the public sector. It was received from PanSALB in March 2010, for its campaign to promote multilingualism through its Nama project.

The Department of Arts and Culture indicated that it promotes job creation, skills development and economic empowerment and supports business start—ups and poverty alleviation projects, through its Investing in Culture programme.

A question that arises, however, is: How sustainable are some of these projects that are funded through this programme and how does this interact with local economic development strategies as well as provincial economic development strategies?

The Department of Arts and Culture is responsible for administering the cultural agreements that the South African government has entered into over the last 15 years. However, it has become necessary that international co- operation in arts, culture and heritage should be co-ordinated between the national and provincial spheres, given the fact that all provinces do have bilateral agreements with other regional governments. Both national and provincial government initiatives should complement one other.

Die nasionale Departement van Kuns en Kultuur beoog om gedurende die jaar ’n nuwe nasionale raamwerk te ontwikkel vir die befondsing en gradering van al die departement se statutêre instellings en, meer spesifiek, museums.

Die Wes-Kaap verwelkom hierdie doelwit, aangesien dit noodsaaklik is om te bepaal wat verstaan word onder nasionale museums, soos vervat in die Grondwet.

Provinsies moet op hulle beurt weer die eksklusiewe wetgewende bevoegdheid uitoefen ten opsigte van museums anders as na sionale museums. Tans is daar geen definisie van wat ‘n nasionale museum is nie en maak dit die wêreld uiters moeilik vir provinsies om hulle grondwetlike mandaat uit te voer.

Tien persent van Afrika se museums is in die Wes-Kaap gevestig. Dit is dus noodsaaklik dat ’n nuwe museumbeleid en wetgewing, nie net op nasionale vlak, maar ook op provinsiale vlak, gefinaliseer word. Die nuwe konsep museumbeleid van die Wes-Kaap word binnekort bekend gestel vir kommentaar.

Dringende wysigings is nodig aan veral die Nasionale Erfenishulpbronnewet van 1999, om sekere tekortkominge en uitdagings aan te spreek. Die meeste daarvan is uitgewys in die Heritage Legislation Review Report, wat deur die nasionale departement geloods is. Die Wes—Kaapprovinsie word veral gekonfronteer met van hierdie uitdagings. (Translation of Afrikaans paragraphs follows.)

[During the course of the year the national Department of Arts and Culture intends to develop a new national framework for the funding and grading of all the department’s statutory institutions and, more specifically, museums.

The Western Cape welcomes this objective, since it is important to determine what is understood by national museums as it is contained in the Constitution.

In turn, provinces have to exercise the exclusive legislative powers with regard to museums differently to that of national museums. Currently there is no definition of what a national museum is and this makes the world a very difficult place for provinces to execute their constitutional mandate.

Ten per cent of Africa’s museums can be found in the Western Cape. It is therefore important that a new museum policy and legislation are finalised, not only on a national level but also on a provincial level. The new draft museum policy of the Western Cape will be published shortly for comment.

Amendments are urgently needed, especially to the National Heritage Resources Act of 1999, to address certain shortcomings and challenges. Most of these were pointed out in the Heritage Legislation Review Report, which was launched by the national department. Some of these challenges are what the Western Cape province is grappling with in particular.]

As a lead department in social cohesion, the museum service and provincial museums will host a number of events on public holidays and other commemorative, special and historic days, including the Freedom Day commemoration, International Museum Day and Heritage Day. Earlier this year, the department, together with the department of economic development and tourism, commissioned a study to assess the impact of the heritage sector on the economy of the Western Cape.

South Africa, and also the Western Cape, have a rich natural and cultural heritage. Heritage Western Cape, the provincial heritage resource authority responsible for the promotion and preservation of heritage resources in our Western Cape province, has declared three archaeological heritage sites on the West Coast as provincial heritage sites.

A fourth one, the Community House building here in Cape Town, was gazetted on 19 February 2010. During the current year, Heritage Western Cape will continue its efforts in engaging with communities in the province to identify and protect its rich and culturally diverse heritage.

The allocations for the community library services conditional grant will be extended over the MTEF period until 2012-13. The national library service funds libraries and institutions must provide information services and develop related policy. It is noted that the new national library in Pretoria was completed in 2008-09, seemingly funded, to a large degree, from the conditional grant for community libraries.

These are praiseworthy objectives. However, the funding of an effective, efficient and economic public library service aligned with the constitutional mandate remains one of our country’s greatest challenges. It is hoped that a solution for the funding of public libraries will be finalised as a matter of urgency in order to regularise the situation between the provincial and local spheres of government in all nine provinces.

In 2009, 43 libraries were built or upgraded. I am happy to report that the national Departments of Arts and Culture and Public Works, the Western Cape departments of cultural affairs and sport and transport and public works have reached an agreement on the transfer of the two buildings that house the Western Cape Archives and Records Service.

Finally, the provincial government of the Western Cape would like to thank the Minister, the Deputy Minister and the national Department of Arts and Culture for the support and co-operation we receive. Let us join hands and use arts and culture to help build a socially cohesive society for all our inhabitants. I thank you. [Applause.]

Dr U KEERATH (KwaZulu-Natal): Chair, hon Ministers, members of the Council, it was Amilcar Cabral who described cultural practise as an act of liberation. I want to go a step further and say it is an act of decolonisation of our minds. Therefore, culture is the repertoire of our behaviour, the essence of who we are, our identity and our sense of belonging. Therefore, the manner in which we spend our public finances must contribute to the development of the soul of the province and promote its cultural liberation.

The Department of Arts and Culture must enhance, grow, protect and regulate the trade in art and cultural artefacts. To me, this remains a serious challenge and a void that requires strategic thinking and careful consideration. Coupled with this, we must protect our hard-earned heritage. We must protect our small entrepreneurs, our beaders in the rural areas and those who deal with art and cultural artefacts. I stress this point because the illicit trading in art and cultural artefacts has recently increased dramatically.

We have to recognise that the arts have incubators and catalysts to impart new skills and we must make sure that our artists are given a creative space to give birth to their talents.

We know that museums and galleries showcase great products of human creativity and innovation. Museums are also said to be the repositories of culture and must be given pre-eminence. Good art always finds an audience. How true! But art is also vulnerable to commercial exploitation.

Hon members, I want to stress that we do need social policy experiments, but we also need engagement. We are still in the struggle to counter cultural imperialism. We know all too well that Western culture almost provides diffusion and dilution of African culture. We will know that if we study the case of Solomon Linda, the composer of the world-renowned song Mbube, which was played in the blockbuster film The Lion King. Therefore, securing the intellectual property rights for our provincial musicians is crucially important. We need buy-in from them.

Our cultural liberation must encourage nation-building, social cohesion and unity in diversity. This will be the basis for all practical coexistence, and it will further foster solidarity and inclusivity.

It is further worth nothing to note that we need to ensure the acceptance and utilisation of all African languages. It is said that language, the conveyor of one’s culture, is the mode of communication. It takes various forms such as music, dance and the performing arts. If the department fails in this mandate, we shall have failed not only our province but the entire country. We need to capitalise on indigenous languages; we need a revival of some sort.

While it is heartening to learn that the provincial department of arts and culture is said to provide bursaries to students interested in arts and culture and language studies, more needs to be done.

In conclusion, we must always keep in mind that our heritage contributes to redressing past inequalities; it educates; deepens our understanding of society and encourages us to empathise with the experiences of others; it facilitates healing and material and symbolic restitution; and it promotes new and previously neglected research into our rich oral traditions.

Let us not fail our people. Let us enhance our cultural and linguistic practices. Let us ensure the full realisation of our people’s rights, especially the social and cultural rights. And let us go forward in promoting our indigenous language.

Ngiyabonga kakhulu Sihlalo. [Thank you very much, Deputy Chair.] [Applause.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Before the hon member Feldman, may I actually extend recognition to our visitors from Correctional Services. Thank you very much for your presence. [Applause.]

Mr D B FELDMAN: Deputy Chairperson, hon Deputy Minister, hon members, guests, I want to speak about promoting arts and culture for social cohesion. South Africa is the world’s most unequal society. The gap between the rich and the poor is really a huge gulf.

As a result, the majority of the people in our country, our society, are excluded from one another. As President Mbeki pointed out, we are two separate nations. We cannot afford to go our different ways. We need to achieve cohesion. If for the next four years the arts programmes were to concentrate on promoting social cohesion, we would have moved forward. We must set ourselves targets.

With regard to arts and culture programmes, in many countries of the world the arts and culture contribute significantly to the gross domestic product, GDP. We also have so much to offer because we are a world in one country: east, west and the whole of Africa intermingle here. We need to see the volume of products from across the various arts and culture genres growing on a yearly basis. We need such goods for domestic consumption and export.

Arts and culture programmes should also have a concentrated focus on youth, especially the girl-child. Our children should understand the significance of education, lifestyle and constitutional freedom.

With regard to the promotion of linguistic diversity, language is a vital element in building cohesion and achieves empowerment. Language also plays a vital role in education. Today, vocabulary deficiency has become one of the most serious problems facing young people. A child who has a vocabulary deficit will not progress academically. How will this department support the Department of Education to overcome this vocabulary deficit among learners?

If the vocabulary deficit can be overcome through a massive one-year programme, the country would immediately witness a turnaround in educational performance, and this is a magic key.

With regard to support for cultural industries, cultural industries, especially in rural areas, must get technological and marketing support.

Cope believes that the department needs to vigorously support an advanced manufacturing strategy. Rural crafters should be incorporated into co- operatives. This should be done as a matter of urgency. Asian countries like India and Thailand receive considerable foreign exchange earnings from the export of products developed by cultural practitioners.

In transforming the heritage sector, we are a country of diverse cultures, values and beliefs. While this contributes to our heritage, it has also kept us apart. We need a concerted drive to achieve a common national identity. The heritage sector must help to transform us into a people with a common national identity. This is a matter of extreme urgency and this department dare not fail the nation.

Finally, in a few days to come, the kick-off will take place. Are the heritage institutions of South Africa geared to take up the opportunity to showcase the full extent of our heritage? The media will be here in massive numbers to reflect South Africa to the world. Has the Minister herself devised the programme to receive the media and to provide the media with heritage information?

I wish the Minister would produce a cultural heritage blueprint as it is essential. As Cope, we would also like to see a programme of apprenticeship being launched so that young people can be drawn into the heritage sector. The heritage sector must be identified as an area of growth.

In conclusion, our South African culture must be an amalgamation of the different cultures of our country, incorporating the inherent particularities of each region. Our cultural life must be very dynamic and must serve as a catalyst for something new. This is a challenge to all our artists. I thank you. [Applause.]

Prince M M M ZULU: Sekela Sihlalo, mhlonishwa Ngqongqoshe, Phini likaNgqongqoshe, Nhloko yoMnyango… [Chairperson, hon Minister, Deputy Minister, head of department…]

The DEPUTY CHAIRPERSON (Ms T C Memela): Yima kancane mhloni shwa. [Hold on, hon member.]

Mr K A SINCLAIR: Chairperson, I am rising on a point of order: Is it parliamentary for a member to read a paper during the debate?

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Who is it?

Mr K A SINCLAIR: Sorry, Deputy Chairperson. Hon Gunda is reading about Cope in the newspaper. [Laughter.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Order, order! Hon Gunda, could you please bring that paper here? [Laughter.]

Hon Gunda, I gave you an order. Continue, hon Zulu.

UMntwana M M M ZULU: Phini likaNgqongqoshe ngonyaka odlule sishilo ukuthi uMmnyango wakho ubhekene nezinselele zokuthi ulinganise izilinganiso zezilimi zabomdabu kulelizwe ngendlela enokucophelela.

Siyazi-ke manje ukuthi sikhuluma nge-Fifa 2010 World cup, lapho kufanele sibonise ubuciko ngamaphimbo ethu ase-Afrika, kanye nezandla zethu njengabantu base-Afrika, nangendlela yethu yokugqoka. Akufanele nakancane senze ithuba kulelizwekazi lakithi laseNingizimi Afrika ne-Afrika yonke, lapho siyozithola khona sibeke abantu abacula njengabaculi baseMelika o- Luther Vandross. Ngoba labantu bangaphandle babheke ukuthi ngisho ukuthi, “Uyamemeza okaNdaba oyiNkosi yohlanga”, uma belapha bezwe kahle ukuthi base- Afrika.

Ngithi ngicela kinina ukuthi lezi zimili zethu nizifakele imali ngobuningi bayo. Lapho kwenziwa khona imisebenzi yezandla emakhaya, nifake imali ngobuningi bayo ezinhlelweni zenu zoMnyango. Ngiyezwa umhlonishwa uthi imitapo yolwazi ikhona - futhi kuyiqiniso lokho. Kodwa ngicabanga ingane ehlala oSuthu izokhokha ama-R20 iya kumtapowolwazi kwaNongoma, ihambe amakhilomitha amgama- 45.

Ngiyafisa ukuthi uhulumeni wethu uzibheke izindawo zasemakhaya, ukuthi abantu bayakwazi yini ukusizakala kuzona. Ngoba uma sikhuluma ngemitapoyolwazi sikhuluma ngezinto ezikude nabantu nokuthi bafinyelele kuzo. Kodwa siyabonga ukuthi kukhona okwenzekayo okuya phambili. Ekwenzeni imisebenzi yezandla kufanele sikubheke njengoba noMongameli wezwe asho ukuthi lelizwe lethu linothe ngokwamasiko. Ngakho-ke kufanele sikubonakalise ngempela ukuthi izwe lethu linothe ngokwamasiko.

Ngiye ngizwe kuthiwa izwe lethu yi-Rainbow Nation, ngiye ngithi mina yisaladi elibhorayo lelo [it’s a boring salad], ngoba nami ngingumZulu ngeke ngakuyeka ukuthi ngithi,“Uyamemeza okaNdaba uyiNkosi yoHlanga” [praise song revserved for royalty], ngoba yilokho engikholelwa kukho. Ngiyazi nowaseLesotho ngeke ayeke ukukhuluma lokho akukhulumayo kwasekhaya eLesotho, ngoba kuyinto yakhe naye akholelwa kuyo.

Ngiyamuzwa umhlonishwa uma ethi laphaya esifundazweni sikababomkhulu uMamongo KwaZulu-Natali, inkululeko ifike ngo-2004. Ngikhuluma ngokuthi abantu bakithi baKwaZulu-Natali babephethwe yinkungu yokuthi balwe bodwa, abanye bengafuni ukubuswa. Akuzona-ke izinto okufanele sizikhulume lezi, kufanele sibheke ukuthi siyaya yini phambili, siyasebenza yini.

Ngoba kufanele ngivume uma ungehlulile ukuthi ungehlilile, ungibuse okwaleso sikhathi. Kodwa, uma ngizophikisana nawe ukuthi ungibuse, kuba nenkinga enkulu. Lowo mqondo kufanele uphele ngoba intando yeningi isebenza ngezinombolo, nokuthi ubani osephethe lapho, bese ngimhlonipha, ngimethulele isigqoko, kwenziwe umsebenzi.

Ngaphandle kwami ongeke avuma ukubuswa - njengombusi womdabu. Kufanele ngishaye umthetho njalo futhi ngibheke ukuthi uhamba kanjani lowo mthetho. Kodwa-ke ngibheke ukuthi lowo mthetho awushayisani yini nowezwe lakithi.

IPHINI LIKASIHLALO WENDLU: Ngiyabonga Mntwana uZulu, kodwa khumbula ukuthi intando yeningi ithini mhlonishwa. (Translation of isiZulu paragraphs follows.)

[Prince M M M ZULU: Deputy Minister, last year we said that your department was facing challenges with regard to putting in a great deal of effort to ensure that African languages enjoy equal status in this country.

We are now shifting our focus to the 2010 Fifa World Cup, where we have to showcase our talent with our African voices, our crafts and the way we dress as African people. We must not afford people who sound like American singers such as Luther Vandross any opportunity to showcase their talent in our country and Africa as a whole. When foreigners are here they expect to hear me say: “Uyamemeza okaNdaba uyiNkosi yoHlanga” [praise song reserved for royalty], so they can get a real feel of being in Africa. In your plans, as the department, I appeal to you to allocate as much funding as possible for African language development and to rural areas where there are artworks. The Minister said that there are libraries, and that is true, but I am thinking of a child who stays in Osuthu, who will have to pay R20 to travel 45 km to get to the library in Nongoma.

Government must monitor the rural areas to see if services are delivered. If we are talking about the libraries, we are talking about the things that are too far from them and that they cannot reach easily. We are grateful though that there is some progress. Artworks must be appreciated - as the President said, this country is culturally wealthy. Therefore, we must really show that indeed our country is culturally wealthy.

Our country is a rainbow nation, but I normally say it is a boring salad because, as a Zulu man, I will never stop singing “Uyamemeza okaNdaba oyiNkosi yoHlanga” [praise song reserved for royalty], because that is what I believe in. I know that a person from Lesotho is not going to stop speaking his or her language back in Lesotho, because it is what he or she believes in.

The hon member said in the province of His Excellency Mamongo, KwaZulu- Natal, that freedom came in 2004. I am talking about the fact that our people in KwaZulu-Natal were still in the dark in that they fought amongst themselves, as some did not want to be led. We should not talk about these things; we must see to it that we are moving forward, and that we are delivering.

I have to acknowledge defeat if I am defeated, and you can govern me for that duration. But if I am going to fight against being governed then there is a big problem. That perception must be ended because democracy works with figures, and who is governing there. I have to respect and salute that person and we must get the work done.

Besides not wanting to be governed, as a traditional leader I must pass legislation every time and monitor how that legislation is received. But I must make sure that that legislation does not clash with the laws of our country.

The DEPUTY CHAIRPERSON (Ms T C Memela): Thank you Prince Zulu, but remember what democracy means, hon member.]

Nk B V MNCUBE: Sihlalo ngiyabonga kakhulu. Ngizoqala ngiphendule umhlonishwa ubab’uZulu kule nkulumo agcine ngayo khona manje - ukuthi kungamampunge lokhu aqeda kukukhuluma - ukuthi inkululeko yayikhona KwaZulu ngaphambi konyaka ka 2004.

Kwathi angabona uKhongolose ukuthi babusa ngegqudu walanda amavolontiya kanye namadelakufa eGauteng naseMpumalanga. Ngangingomunye walabo abazinikelela ukuthi siyogada amaphepha okuvota ngoba obekade kwenzeka ukuthi bekuvele kuvotwe bese kuyavalwa, ngemuva kokuba kubalwe bese beyawina.

Sathunyelwa ePiet Ritief, Olundi naseMahlabathini. Mina-ke, ngangiseMahlabathini mhlonishwa uZulu lapho kwakunenkinga yamabhokisi okuvota. Ngesikhathi sihamba ekuseni ngehora lesihlanu ngelanga elilandelayo, sesivotile, uKhongolose wabe esehamba phambili. Sathi sifika eGoli, iKwaZulu-Natali yase iyitholile inkululeko. (Translation of isiZulu paragraphs follows.)

[Ms B V MNCUBE: Chairperson, thank you very much. I will start by responding to the statement that hon Zulu has just made. What he has just said amounts to pure lies, namely that there was freedom in KwaZulu-Natal before 2004.

After realising that they were reigning with an iron fist, the ANC called upon the volunteers and daredevils from Gauteng and Mpumalanga. I was one of those who had offered themselves to guard the ballot papers because what was happening was that after the voting process was completed they used to close the voting station, count the votes and then win the province.

We were deployed in Piet Retief, Ulundi and Mahlabathini. I was in Mahlabathini, hon Zulu, where there were problems with regard to ballot boxes. By the time we left that voting station the following morning, after we had voted, the ANC was far ahead with votes. And by the time we reached Johannesburg, KwaZulu-Natal had already achieved its freedom.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Zulu, what is it? Is it a point of order?

Prince M M M ZULU: Ukukhalima Okuphambukayo. Kuya ngokuthi uhulumeni waKwaZulu-Natali abantu bonke bamamukela yini ukuze bazuze inkululeko. [It is a point of order. It depends on whether all the people accepted the government of KwaZulu-Natal for them to achieve freedom.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Okay, this is history. May I ask you to sit down?

Prince M M M ZULU: No, if you do not allow me to raise the point of order …

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Zulu, if you can sit down, I will respect you. Continue, hon Mncube.

Ms B V MNCUBE: Chairperson, Deputy Minister Paul Mashatile, we meet today, a day after the Parliament of the Republic of South Africa and the whole continent celebrated the launch of Africa Day, 47 years ago in l963. This historic day took the Freedom Charter forward. Launched in l955 by the real Congress of the People, the ANC, one of its clauses states that “All national groups shall have equal rights.”

This is further defined to mean that –

All people shall have equal right to use their own languages and to develop their own folk culture and customs.

Hence, yesterday, we saw Members of Parliament and members of civil society dressed in multiple colours, attired in bright, rainbow colours and debating in their indigenous languages.

The ANC-led government then was not wrong to establish the Pan South African Language Board, PanSALB, in order to promote and develop indigenous languages. We note, however, that whilst PanSALB has been established in almost all provinces, not much has been done to ensure that African languages are developed to the same status as English and Afrikaans, even after 16 years of democracy.

The 4% increase to Programme 3 should then ensure that it equals the output. As members of the Select Committee on Education and Recreation, we have to ensure that we hold PanSALB and its provincial satellites accountable. A turnaround strategy is needed in order to address the concerns.

The Constitution of the Republic of South Africa guarantees South African citizens the right to cultural, religious and linguistic communities, to enjoy their culture, practise their religion and use their language, and to form, join and maintain cultural, religious and linguistic associations and other organs of civil society.

But these rights have limitations if they are practised in a manner inconsistent with any other provision of the Bill of Rights. It is against this background that we condemn, in the strongest possible terms, the hoisting of the old verkrampte [conservative] flag and the singing of Die Stem, the old apartheid national anthem, by the small community of Ventersdorp during the week of the funeral of the late Terre’Blanche.

We would have expected the department, in its programme on the promotion of social enrichment, social cohesion and nation-building through arts, culture and heritage, to engage any person or community that takes us back to the apartheid period …

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Tau! Continue.

Ms B V MNCUBE: … and threatens to reverse the hard-gained freedom. In future, we would like the department to condemn such acts and recommend that whoever is found doing the same be charged with committing an act of treason. The same education syllabus that the department uses to teach children the importance of national symbols and nation-building should be taken to Ventersdorp as a high priority. Hon members, the ruling party, the ANC, at its 52nd conference, resolved to develop a policy that clarifies the approach to the naming and renaming of geographic places such as streets, towns and public places. It is in this vein that we welcome the plan in Programme 5 to increase the pace and ensure that there are functional district geographical names committees throughout South Africa, which will speed up the process.

We will ensure that we exercise oversight in the provinces that we are representing. For instance, there is a backlog of 34l names in Gauteng, and the current plan is to achieve l6l additional name changes.

In conclusion, we commend the department for including all political parties represented in Parliament in the celebration and commemoration of national days such as Freedom Day, Human Rights Day and Africa Day, celebrated just yesterday. May there be many more to come and we hope that they will bring their communities to celebrate with us next time. The ANC supports Budget Vote No 13. I thank you.

The DEPUTY MINISTER OF ARTS AND CULTURE: Sihlalo, mangibonge amalungu ekomidi loMkhandlu weziFundazwe Kazwelonke… [Chairperson, let me thank the members of the NCOP …]

… for the manner in which they have dealt with the budget. I would like to thank the Chairperson, Mrs Makgate, and all the members. Into yokuqala esifuna ukuyisho ukuthi sikubhale konke lokhu okushiwo namhlanje, njengoba nibona wonke lama sosha ahleli laphaya, abhala konke okushiwo lapha eNdlini. [Firstly, what is said here today is being recorded; as you can see, all the soldiers sitting over there are recording all that is said in this House.]

Members have raised a number of issues around libraries, youth development and language.

Ngingasho Sihlalo ukuthi le mibono yonke imibono emihle kakhulu ezintweni esizenzayo, kodwa sikusho ukuthi asinayo imali yokwenza zonke lezi zinto esithanda ukuzenza … [Chairperson, I can say that all these ideas are great ones with regard to the things that we do, but we must say that we do not have money to do all that we would like to do …]

… because our budget is limited. However, we are going to use the limited resources that we have across all the programmes that we are supposed to implement. We do know that there were a number of good ideas that came from members in their interaction with the department and also in the debate this afternoon.

Let me assure members that we have made progress on Robben Island and we have now appointed its fully fledged board. They have already started with the process of ensuring that the place is transformed into a proper heritage site that visitors would be proud to visit. We are speeding up the process of appointing a CEO. Members would be aware that until now we have only had an acting CEO. That process is under way and we do hope that Robben Island will soon be sorted out.

Regarding the libraries, we are busy helping all the provinces. We have a dedicated conditional grant that we have been using to support provinces in rolling out libraries, particularly in previously disadvantaged areas. Let me say that the programme is currently unfolding in many areas and that libraries are being built. We are going to continue working with all the provinces to ensure that we reach out to many communities out there. Our main focus last year, and in this current financial year, was particularly on rural areas.

We are working hard to promote all official languages. We are working with the Pan South African Language Board, PanSALB, in making sure that all languages are being promoted equally. Together with PanSALB, we are working hard on that programme, trying to ensure the promotion of multilingualism in the country.

Members said a lot about youth development, and I fully agree with them. A lot of work is unfolding. The national skills academy will, amongst others, target a lot of young artists in their various spheres.

We are also working with the Department of Correctional Services, targeting young people in places of correction. We are also working with women who are in correctional centres, making sure that we are promoting skills development in those sectors as well.

Modulasetulo, a ke fetše ka go leboga gape maloko kamoka a Komitikgetho ya Bokgabo le Setšo, ka moo ba boletšego ka gona. Ke re re tlo šoma le bona mo ngwageng wo. [Hon Chairperson, in conclusion I would like to thank all the members of the select committee dealing with arts and culture for their well-delivered speeches. We will work hand in hand with them this year.]

We are going to make sure that we continue constructive engagement with the committee in order to address the issues that were raised as a priority, particularly, as part of nation-building and social cohesion.

I would like to end this debate by once again reminding members of the House to support Bafana Bafana. They should also go to the stadia to enjoy the games. We are welcoming all the visitors. As we have said earlier, I am sure that it is going to be a spectacular event which will be the first of its kind in our country and in Africa. With these few words, I would like to thank the hon members of the House and members of the committee. I thank you.

Debate concluded. APPROPRIATION BILL

                           (Policy debate)

Vote No 20 — Correctional Services:

Vote No 23 — Justice and Constitutional Development:

The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Chairperson, hon members, distinguished guests, comrades and friends, ladies and gentlemen, it is a great honour and privilege to address this Council today to present the Budget Vote of the Department of Justice and Constitutional Development for the 2010-ll financial year.

I convey the warm regards, as well as the apologies, of the Minister of Justice and Constitutional Development, Minister Jeff Radebe. Minister Radebe, as hon members might know, has been Acting President of the Republic since Monday.

We are pleased to address the Council during Child Protection Week, which was launched by President Jacob Zuma in Atteridgeville this past Friday. On this occasion the President called upon all South Africans to work together to ensure that children are safe and feel safe. He highlighted the serious matter of trafficking in persons and children in particular. We are also pleased to address you the day after Africa Day, 25 May, the day on which, 47 years ago in 1963, the leaders of 30 of the 32 independent African states at the time, signed the founding charter of the Organisation for African Unity, OAU, in Addis Ababa, Ethiopia.

Hon members, in exactly 15 days, 9 hours and 40 minutes or so, the kick-off whistle will blow at Soccer City. [Applause.] It is indeed truly here and we are truly feeling it!

The Department of Justice and Constitutional Development is also feeling it! Last Friday, a notice was published in the Government Gazette giving details of special courts in and around the host cities. Cases associated with the World Cup, including matters affecting children, will be dealt with expeditiously. Hooligans and other perpetrators of criminal actions, whatever their nationality, will also be feeling something: the red card of the law.

The Budget Vote that we are presenting today underscores our commitment to 2010 as the year of action. It provides a clear road map with short,- medium- and long-term milestones on the road to a transformed justice system.

The constitutional mandate of the Department of Justice and Constitutional Development is to oversee the administration of justice in the interests of a safer and more secure South Africa. This mandate is reflected in our vision to provide a transformed and accessible justice system that promotes and protects social justice, fundamental human rights and freedom.

The successful execution of this mandate and the realisation of this vision are indispensible to the achievement of the key national priorities that we have set for ourselves as a nation. In his 2010 state of the nation address President Jacob Zuma again stressed these national priorities. They are the creation of decent work and sustainable livelihoods, education, health, rural development, food security and the fight against crime and corruption. The question of access to justice is central to the realisation of these goals.

Much of our work has, therefore, been focused on ensuring that all in South Africa enjoy access to justice. Much of this work is also focused on the fight against crime and corruption, with the objective of ensuring that all in South Africa are safe and feel safe.

This work is done in the context of the Justice, Crime Prevention and Security, JCPS, cluster, which is co-ordinated by the Minister of Justice and Constitutional Development and consists of the South African Police Service, Correctional Services, Home Affairs, Defence, State Security and Social Development.

The JCPS cluster has been able to achieve a greater degree of integration and co-ordination of the work of its constituent departments. This is evident from the significant strides with regard to the Child Justice Act, which came into operation on 1 April 2010, and the review of the criminal justice system.

The Child Justice Act enjoins the Minister of Justice and Constitutional Development, acting in conjunction with the Ministers of Police, Correctional Services, Social Development, Education and Health, to adopt a national policy framework relating, among other things, to a uniform, co- ordinated, co-operative approach by all government departments, organs of state and institutions in dealing with matters relating to child justice.

This morning the Intersectoral Committee on Child Justice, consisting of the directors-general of the departments of the Ministers I have just mentioned and led by the Director—General of Justice, presented a draft national policy framework to the Portfolio Committee on Justice and Constitutional Development. I am hopeful that this framework will reach the Council soon. I wish further to reiterate the announcement made by the Minister that the review phase of the criminal justice system has been completed and we are now moving steadfastly with the implementation of the review outcomes.

The implementation is guided by the 7-point plan approved by Cabinet, which covers the following: aligning the strategies of the Justice, Crime Prevention and Security cluster; establishing the criminal justice system co-ordinating unit; improving court performance; a case backlog reduction strategy; modernising information technology; mobilising the public to get involved in the fight against crime; and harmonising the rules of court.

Our road map to a transformed justice system is outlined in our 2010-14 Medium-Term Strategic Framework. This framework was presented to and discussed with the Portfolio Committee on Justice and Constitutional Development as well as this Council’s Select Committee on Security and Constitutional Development. We are indebted to the members of the committee, from all parties and, should I say, provinces, for their comments and guidance.

We believe that the outputs contained in the strategy are both realistic and achievable. I would like to highlight some of the key elements of this strategy, emphasising those aspects with particular relevance to the Council.

Chairperson, allow me, firstly, to address the very important and long overdue matter of judicial reform.

During the Budget Vote debate in the National Assembly, the Minister announced that the Constitution Amendment Bill and the Superior Courts Bill had been finalised and approved by Cabinet. I wish to highlight key aspects of this legislation.

The Constitution Amendment Bill proposes to replace Magistrates’ Courts with Lower Courts, fully integrating the magistracy into a single judiciary. This is more than a mere name change. The proposed court system envisages Superior Courts and Lower Courts as part of a seamless, single judiciary under the leadership of the Chief Justice.

The Superior Courts Bill in turn provides for the Judges President to give leadership to all courts within their respective divisions. This will address certain challenges in the governance and leadership structures within the magistracy. The Council became aware of some of these challenges when the Select Committee on Security and Constitutional Development met with the Magistrates’ Commission early this year to discuss some of the transformation-related challenges in the magistracy.

The Constitution Amendment Bill and the Superior Courts Bill pave the way for the overhaul of the outdated Magistrates’ Courts Act of 1944, and its replacement by a Lower Courts Act, which will be premised on the Superior Courts Act. We hope to finalise a draft Lower Courts Bill by the beginning of 2011.

The Constitution Amendment Bill and the Superior Courts Bill were published in the Government Gazette on 21 May 2010 for comment. We are confident that this will lead to an informed and constructive public debate on the fundamental transformation of our judicial system in line with our Constitution.

We have already received views regarding the proposed relocation of the seat of the Eastern Cape High Court from Grahamstown to Bisho. Some have interpreted this to mean that the Bill seeks to relocate the High Court from Grahamstown to Bisho. The Grahamstown High Court will continue to serve the community of the area. What is envisaged is that the Judge President will perform his or her judicial co-ordination function from the Bisho High Court, located at the seat of government in the province. This process will be managed responsibly and in consultation with the judiciary.

Significant strides have been made with regard to the transformation of the race and gender profile of the magistracy. At 31 March 2010, black people in the regional courts constituted 50,66% while white people constituted 49,34%. Women represent 32% of the total establishment of the regional court. In the district courts, 57% of the district magistrates are black, 43% are white and women make up 42% of the total number.

As is the situation in the Superior Courts, there is still an underrepresentation of women across the magistracy and the situation is more dire at the senior echelon of the magistracy, particularly at the Regional Court level. This is a matter that the Magistrates’ Commission will have to look into.

Chairperson, we continuously strive to improve the organisational efficiency of our justice system. Especially important in this regard is the strengthening of the Office of the Chief Justice as a transitional step towards the establishment of a separate administration for the judiciary. Part of this initiative is the realignment of the court administration at regional and court levels with the envisaged court administration agency. Work is continuing in this regard and guidance will be sought from Parliament once firm proposals have emerged.

We are also strengthening our internal control mechanisms to ensure compliance with the Public Finance Management Act, the PFMA, and other prescripts in order to reverse the negative audit reports the department has received over the previous three years. To achieve this turnaround, we have enhanced our performance management system by putting stringent performance outputs in the performance agreements of senior management and staff. These outputs are in line with the performance agreement that the Minister himself concluded with the President recently.

In pursuing access to justice, we continue to commit a substantial amount of our budget to building additional courts and service delivery points for the office of the Master. We do this to ensure that we reach out to rural and remote communities. We continue to build, in ever-increasing numbers, court buildings where there were none before.

We have also improved the architecture of these courts to create spaces conducive to accessing justice in a constitutional democracy. These courts are more accessible to all people, including those with disabilities.

The construction of new and refurbished courts in Galeshewe in the Northern Cape, Ekangala in Gauteng, Colesberg in the Northern Cape and Lutzville and Ashton in the Western Cape, have been completed and the Minister will open these courts officially in the not-too-distant future.

Access to justice will also be enhanced with the completion, within the next five years, of seven courts, including the High Courts of Mpumalanga and Limpopo. These courts include Hankey in the Eastern Cape; Mamelodi, Kagiso and Katlehong in Gauteng; and Ntuzuma in KwaZulu-Natal.

With regard to the High Courts, a site has been procured for the construction of the main seat in Nelspruit, while discussions with the Nkangala District Municipality for the allocation of an additional site for a local seat of the High Court in Emalahleni are at an advanced stage. This will address potential complications for communities in Mpumalanga, who are closer to the North Gauteng High Court in Pretoria than they are to a High Court in Nelspruit.

Parallel to the construction of new courts, we are also correcting the old magisterial districts, which are informed by the racial and geopolitical boundaries of apartheid and reflect the defunct self-governing states and homelands of the then RSA.

This two-pronged approach seeks, on the one hand, to refurbish the branch courts in the former black areas and rural villages and confer upon them jurisdiction to function as fully fledged courts and, on the other hand, to ensure the alignment of magisterial districts with municipal boundaries established under our democratic constitutional dispensation.

In this regard, 15 of the 90 branch courts were converted into full service courts in August last year. During this year a further four branch courts will be converted. The conversion of branch courts into full service courts represents a significant step in our ongoing struggle to overcome the legacy of colonialism and apartheid.

Courts in many traditional black areas and rural villages only deal with the adjudication of criminal matters. Persons in these areas must often travel long distances to access civil justice services, including maintenance, Small Claims Courts and deceased estates. This programme will continue until all branch courts have been converted to provide full court- related services and the last vestiges of the shameful legacy of apartheid have been eradicated from our justice system.

Our strategy provides for the establishment of at least one district court in every municipal area. A draft report regarding the alignment of the magisterial districts with municipal boundaries, which will give effect to this objective, has been completed and will be published soon for comments before it is finalised.

Chairperson, no discussion on access to justice and courts will be complete without reference to Small Claims Courts. Small Claims Courts are a powerful mechanism to provide access to justice, especially to the poor. These courts function on the basis of speed, simplicity and cost- effectiveness. These courts provide a forum for the resolution of civil claims up to R7 000, an amount determined in 2004. Consultations have started with a view to increasing this amount to between R10 000 and R15 000.

Today, we have 206 functioning Small Claims Courts, five more since the Budget debate in the NA on 5 May. The proclamation of a further three is imminent. We aim to establish an additional 60 new courts by the end of the 2010 financial year, and a further 60 by the end of the 2011 financial year. We are well on track to meet these targets. With the launch of the Small Claims Court in Alexandra yesterday, we have established 11 courts since the beginning of April this year – one sixth of our target in one sixth of a year!

Training manuals for commissioners and clerks of Small Claims Courts were launched yesterday and the first training for commissioners took place last week.

The excellent work done in these courts is done after hours on a voluntary basis, without any remuneration, by the 1 096 legal practitioners who preside as commissioners. We call on all to follow their example.

We also call upon all Members of Parliament to assist us by adopting the rallying cry: One constituency, one Small Claims Court!

Another Act aimed at increasing access to justice, which will come into operation soon, is the Jurisdiction of Regional Courts Amendment Act. The Act confers civil jurisdiction on the Regional Courts. The immediate consequences of the commencement of the Act will be the integration of the divorce courts into the regional courts. Although the divorce courts were opened to all races in 1997, they continue to operate under the old demarcations, which dislocate and marginalise people on the basis of their residence.

It is ironic and illogical that the Central Divorce Court in Johannesburg does not have jurisdiction over the area of Pretoria, which in turn is served by the North Eastern Divorce Court with its seat in Durban. The new legislation will address this disjuncture which exists across all the divorce courts.

The child maintenance services at the district courts remain one of our areas of major concern. We continue to increase capacity at the courts to improve our ability to deal with the long and time-wasting queues of maintenance beneficiaries and plan to reduce the waiting time substantially.

The electronic funds transfer, EFT, project, aimed at enhancing efficiency, is still on track and it enables the department to pay maintenance monies directly into the accounts of the beneficiaries. We are currently finalising the more comprehensive third-party funds project bid process.

We are also increasing the capacity of the Master’s offices to improve the provision of services for deceased and insolvent estates, starting with extending capacity in at least one main magisterial court per district to deliver probate services to the communities nearest to them.

In respect of the Guardian’s Fund, we will ensure that 80% of the beneficiaries receive services within 40 days. Hon members, we further seek to promote access to justice through the use of indigenous languages as languages of record in our courts. The Indigenous Language Pilot Project, which is being implemented at 27 district courts countrywide, aims to enhance the status and dignity of African languages.

Since the inception of this project in April 2009, a total of 890 cases have been heard by these courts in indigenous languages. The lessons learned during the pilot project will inform the policy framework for language use in the courts envisaged to be completed before the end of this year.

Chairperson, I also wish to inform this Council of the Access to Justice and Promotion of Constitutional Rights Programme, which is a joint initiative of the department and the European Union, and is being co- ordinated by the Foundation for Human Rights. The European Union has committed €25 million – about R250 million – which will be disbursed over a period of three years.

Through this programme, 45 community advice centres will be established across the country. The primary purpose of the community advice centres will be to educate the communities on their constitutional rights, on the Service Charter for Victims of Crime in South Africa and on how to access the different courts, including the Equality Courts and the Small Claims Courts.

Another milestone in our endeavours to improve access to justice is the very important review of the civil justice system. Cabinet recently approved the terms of reference for this review. The review seeks to ensure that the civil justice system provides a speedy, effective and affordable resolution of civil disputes. We will, by the end of this financial year, submit to Cabinet and Parliament a comprehensive report on the deficiencies and shortcomings of the civil justice system. This will assist in the development of a programme of action to address the shortcomings.

Let me take this opportunity to highlight some of the important Bills that this Council will have to deal with in the very near future. These Bills are at various stages of processing either by the department or by the portfolio committee in the National Assembly.

Of these, there are three Bills that impact most directly upon our objective of ensuring that everyone in South Africa is safe and feels safe. The first of these is the Prevention and Combating of Trafficking in Persons Bill, which provides for the prosecution and imposition of heavy penalties for those involved in the trafficking of persons.

Secondly …

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Deputy Minister, could you conclude, please.

The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Madam Deputy Chair, I will work towards my conclusion. In fact, I think that what I will do is cover some of the outstanding areas when I respond to members’ inputs. That response will basically highlight some of the pieces of legislation that will be coming to the Council in the very, very near future. Thank you.

The DEPUTY MINISTER OF CORRECTIONAL SERVICES: Chairperson, it is my pleasure to present the Budget Vote speech of the Department of Correctional Services to this very important House. Our Minister, Nosiviwe Mapisa-Nqakula, was looking forward to an opportunity to mark the beginning of our second year in office, but due to other commitments emanating from the vibrancy of this legislature, she could not be here today.

It is also an honour for me to introduce our new national commissioner, Mr Tom Moyane and the new chief financial officer, Mr Siphiwe Sokhela, who both assumed duty on 15 May 2010. Mr Moyane brings in a wealth of experience. [Applause.] Bacela niphakame. [They ask you to stand up.] [Applause.] That’s our national commissioner, Mr Tom Moyane, and the new chief financial officer.

Mr Moyane brings in a wealth of experience in strategic leadership and management and in turning around ailing or struggling institutions. The chief financial officer’s performance outcomes over the past 10 years in the KwaZulu-Natal legislature speak for themselves as they received an unqualified audit report for nine consecutive years. [Applause.]

Their appointment marks a turning point in the executive management instability that has plagued the Department of Correctional Services for some time now. We believe these great sons of our soil bring strategic and operational understanding as leaders and managers that will firmly place the department on a path to clean audit reports and a better image within the cluster.

An expression of appreciation goes to the Chairperson and members of the NCOP for their continued support. I know in your constituencies we often hear that you support our correctional services and that is greatly appreciated. I would like to acknowledge management and all the correctional officials who work tirelessly to deliver services to our people. I wish to express our warm gratitude to them for their guidance and support during our orientation. Allow me, Chairperson, to acknowledge all our officials, partners and our offenders present here today on my left. [Applause.]

My presentation of our five-year strategic plan to the House could not have come at a better time than after the signing of performance agreements between Ministers, in our case Minister Mapisa-Nqakula, and our President, Mr Jacob Zuma, the President of the Republic of South Africa.

The Minister and I are fully committed to ensuring that the Department of Correctional Services enhances its capabilities and contributes to our ultimate goal of ensuring that all people in South Africa are and feel safe, as my colleagues from the Department of Justice and Constitutional Development have said.

To realise this critical outcome of the whole criminal system, the Department of Correctional Services will make a contribution to the following service delivery outputs: improving effectiveness and integration of the criminal justice system; combating corruption within the Justice, Crime Prevention and Security cluster to enhance its effectiveness as a deterrent against crime; and managing perceptions of crime among the population.

In line with government’s plan to make 2010-11 a year of action, the agreement spells out clear and measurable performance targets against which the performance of the Minister and, by inference, everyone else in the department will be measured as we move forward.

As testimony that government is indeed geared to work differently and better, the performance targets have been graphically spelled out for each area and place emphasis on, among other things, the following: the improvement of numbers of offenders participating in and benefiting from formal and informal development care and corrections programmes; improving the efficiency of the remand detention system by reducing backlogs, years spent awaiting trial and increasing numbers of cases finalised each year; intensifying the detection processing of cases and increasing conviction rates of those perpetrating fraud and corruption within the system as a starting point in fighting the scourge in society as whole; ensuring that victims and the population receive accurate information on the state of crime and justice in order to build trust in the criminal justice system; and lastly, strengthening the collaboration and integration of the information technology system and efforts to combat cybercrime.

These targets will be pursued with vigour without neglecting the ongoing responsibilities of the Department of Correctional Services. The ongoing responsibilities on their own, directly or indirectly, contribute to ensuring a safe environment where people in South Africa will be free of the debilitating scourge of crime that renders them less productive. Promoting good governance is important for us. I’m happy to announce that in the previous financial year, 89% of 109 officials detected, investigated and put through disciplinary processes were found guilty and sanctioned. We attribute this to our formidable minimum anticorruption capacity built over the years to spearhead our zero tolerance of fraud and corruption.

We have already recovered R2,5 million of the expected R4,5 million from hundreds of officials in KwaZulu-Natal who defrauded the department’s medical aid scheme. These officials signed acknowledgements of debt and I can say, without fear of contradiction, that we are indeed winning the war on corruption. We remain committed to improving on this level of performance by sharpening the implementation of mechanisms to prevent, detect and respond to fraud and corruption in the department.

We have also pledged to ensure heightened implementation of the White Paper on corrections, which places rehabilitation of offenders at the heart of all our operations. When we presented our Budget Vote last year, we acknowledged and expressed our heartfelt gratitude to our predecessors, Minister Ngconde Balfour and Deputy Minister Loretta Jacobs. In the context of rehabilitation programmes for offenders, we committed ourselves to building on their foundation and to improve on whatever they have initiated.

From our national and international experience gained since our assumption of leadership of this department, we are beginning to formulate a clear vision for establishing a sustainable approach to offence-specific rehabilitation programmes. This approach carries with it hopes of a more profound change in offending behaviour of inmates and of reducing recidivism.

Addressing the National Assembly in March this year, we said we are facing a challenge of deep-seated social problems that we have to deal with today. These social problems fuel crime; they become a breeding ground for crime. It is against this understanding that we believe, more than ever before, that a more developmental and rehabilitation-centred approach is the best for the Department of Correctional Services.

Based on this understanding, we have committed ourselves to intervene in order to balance our investment in security and rehabilitation. To realise this we will, among other things, review and reduce our personnel expenditure from 69% of the allocated R15,1 billion to 63% within this term of government.

These adjustments are intended to create space for the reallocation of resources to strengthen rehabilitation and reduce recidivism. We will periodically be reporting on progress regarding increasing the number of offenders who are able to access both formal and informal development care and correction programmes.

We will also prioritise vulnerable groups in order to ensure, among other things, that education and development of offenders’ skills are made mandatory for school-going youth. We will begin by ensuring that those under the age of 15 years, who by law must be at school, do indeed study at our centres.

Those falling outside of these compulsory education provisions will be given incentives to ensure that they subject themselves to education and training in order to address absolute and functional illiteracy or a dearth of skills among offenders. They need to be prepared for productive and crime-free lives after release.

We will also pay particular attention to offenders who display symptoms of mental illness. During our visits to correctional centres, we came across disturbing cases of incarcerated offenders. We do not have the capacity to manage complex conditions like mental illness. We have invited experts from relevant fields to help us to address this challenge. We have also introduced a ministerial task team which is moving ahead to identify all these cases and advise us accordingly.

We will also give appropriate attention to creating an enabling environment for the promotion of human dignity for women, children, people living with disabilities and elderly offenders, even though they constitute a small number. As part of a bigger campaign in this regard, we have now launched the Imbeleko Project across all regions, which is aimed at ensuring an appropriate environment for incarcerated mothers with babies, while intensifying the alternative placement of children who have exceeded the legal threshold of two years.

We will also support the Judicial Inspectorate for Correctional Services to ensure the conscious protection of human rights of offenders, as that is the mandate of the independent judge who oversees our correctional centres.

The role of the Inspecting Judge was fortified on 1 October 2009 when sections 60 to 67 of the Correctional Services Amendment Act of 2008 were put into operation by proclamation in the Government Gazette.

On the question of managing perceptions of crime, perceptions can be everything to the beholder. Currently, the department is receiving more than its fair share of negative publicity and perceptions, some of which are a product of sheer ignorance. We’ve committed ourselves to stepping up efforts to provide the public and the media with the accurate information they require to effectively participate in the transformation of the correctional system and in improving delivery of services.

To advance this cause, we will review the corrections contact centre launched in July 2009 to serve the purpose of ensuring a caring, responsive and accessible correctional system for the public and all stakeholders.

Another critical platform for people’s engagement in corrections is the parole system. We have advertised positions of chairpersons of 52 correctional supervision and parole boards and the due date is Friday this week. I will encourage all the members to invite community members to apply so that they can help us in the release of our offenders.

The new chairpersons are expected to assume duties in July 2010, replacing the first group whose five-year contracts end in June 2010. We will pull out all the stops to maximise victim participation in the administration of parole in particular and in correctional services delivery in general. We trust that these engagements will help in building public trust and confidence in our correctional system.

As alluded to earlier, there are a number of other standing responsibilities which the department commits to deliver on. These standing responsibilities include overcrowding; security enhancement; optimisation of offender labour; stakeholder mobilisation; and strengthening of monitoring, evaluation and reporting, particularly against the indicators outlined in our strategic plan.

With regard to offender population management, a multipronged strategy of addressing the perennial challenge of overcrowding is being pursued. This strategy incorporates the audit of inmates in order to use various legal provisions to down-manage overcrowding and the construction and rationalisation of facilities, as well as the establishment of dedicated branches for managing remand detainees.

The Minister has appointed a special task team to audit various categories of inmates for purposes of determining those deserving consideration for parole, reclassification, bail protocol and conversion of custodial sentences into correctional or community supervision. This task team has now covered two regions, namely the Western Cape and the Eastern Cape.

The Kimberley Correctional Centre has been completed. Over 2 000 offenders have been transferred to the facility as part of a phased population of the centre, which can take up to 3 000 offenders. Progress is being made to establish a dedicated remand detention branch with additional support systems being rolled out like, for example, the video remand court system and the introduction of the automated personal identification system, which is in place in 14 correctional centres.

We are still on course in our procurement of public-private partnership facilities as well as the revamping and renovation of a number of existing facilities that together are expected to deliver more than 20 000 additional bed spaces by 2014. We have engaged the Council for Scientific and Industrial Research, CSIR, for the purposes of auditing our facilities as part of rationalising and optimising our deployment of physical, financial and human resources.

Although we are progressively succeeding in reducing escapes - we achieved the lowest record of 40 escapes in 2009 - we view one more escape, particularly from a maximum facility, as one too many. Our target is to reduce escapes by a further 31% by 2015, by way of strengthening security structures, emergency security teams and dealing decisively with corrupt elements colluding to enable escapes.

With regard to offender labour, we continue to mobilise resources, both in private and in public, so as to ensure that each and every offender has an opportunity to acquire skills and expertise through productive work in preparation for their integration into society on release.

In terms of building institutional capacity to deliver better, one of the most strategic resources is our personnel. They carry our hopes and aspirations for an effective correctional system. We will continue to improve implementation of various occupational-specific dispensations, OSDs, applicable in correctional services, heighten the roll-out of the seven-day establishment, while also going ahead to fill critical vacancies, in particular with regard to scarce skills this year.

We want to assure the House and the public that the Department of Correctional Services will manage to deliver on the target set for the financial year within the allocated budget of R15,1 billion, projected to grow at an annual rate of 9,7% over the Medium-Term Expenditure Framework, MTEF, period. As demonstrated by the stringent management of the budget for the previous financial year, we will again not overspend on our allocation.

In conclusion, I can confidently state that we are poised to accelerate the transformation of the Department of Correctional Services and improve service delivery. We have geared ourselves to enhance the integration of the work of our partners within government and all other stakeholders to ensure that all people in South Africa are and feel safe. Thank you. [Applause.]

Mong T M H MOFOKENG: Motsamaisi wa Dipuisano, Batlatsi baMatona, ntate Nel le mme Mkhize, le maloko a hlomphehang a Ntlo, e re ke nke monyetla ona, ke amohele baeti ba rona ho tswa polokehong ya batshwaruwa. Ntho ya mofuta ona o tla e bona feela mmusong wa ANC moo ho nang le maikemisetso a ho hlabolla batshwaruwa. Ke boele ke nke monyetla hape ho lakaletsa bakgethwa ba babedi ho tswa ho Lefapha la tsa Tshebeletso tsa Tlhabollo ya Batshwaruwa, ntate Moyane le ntate Sokhela ka mosebetsi wa bona oo ba o kgethetsweng.

Modulasetulo, baholoholo ba rona ba buile kgale Kliptown sebokeng sa batho, hore Aforika Borwa ke naha ya rona bohle, ba batsho le ba basweu. Ha ho mmuso o tla e busa ha o sa itshetleha pusong ya batho ka batho molemong wa batho. Ba ile ba toboketsa ka hore batho bohle ba tla lekana pela molao.

Selelekela sa Molao wa Motheo se hlokomela ho hloka toka ha nako ya ho feta. Se tlotla ba ileng ba hlekefetswa boitsekong ba tokoloho ya naha ya rona, le ho hlompha ba sebeditseng le ho ntshetsa pele naha ena. Maikemisetsong ana a ho aha naha e sa kgetheng motho ho ya ka morabe kapa ka bong, ho a hlokahala hore Ditekanyetso tsena di tsepamise maikutlo dinthong tse salletseng morao, tse re hopotsang moo re tswang teng.

Ha ho a lekana hore re be motlotlo feela ka Molao wa Motheo o sirelletsang ditokelo tsa botho, le hore melao ya kgatello ya nakong ya ho feta e fedisitswe. Empa ho na le ba bang boramolao le baahlodi makgotleng a rona a dinyewe, ba hulanyang maoto ho kenya tshebetsong diphetoho tse molemong wa puso ya tokoloho. Ho na le boramolao ba neng ba sireletsa mmuso wa kgethollo, ba unneng molemo maanong a wona, ba rutilweng ho nyenyefatsa batho ba batsho, ba fumanang ho le thata ho amohela puso ya ANC. Hoo, ho bonahala ho tse ding tsa diqeto tse nkuwang makgotleng a dinyewe.

Ha re buelle disenyi empa re re molao o sebetsane le disenyi ka botlalo. Ho na le dinyewe tse ding moo o tla fumana batho ba batsho ba entse ditlolo tse nyane tsa molao mme ba ahlolwa ho sa natswe boholo kapa bonyane ba ditlolo tse jwalo tsa molao. Empa, makgowa moo a bolaileng batho ba batsho teng, a bolela hore a ne a nahana hore a bona ditshwene, ho thwe a ilo lekolwa boko pele a ahlolwa. Re utlwisisa ho ikemela ha makgotla a dinyewe empa ho ke ke ha ba le nnete.

Ho lebelletswe hore re thole ha makgotla a dinyewe a nka qeto e kgahlano le hore re se ke ra bina dipina tsa ntwa ya boitseko. Re hlompha tataiso e tswang mokgatlong ya hore re itshware, empa re tla bina ho sa kgathaletsehe hore na qeto ya lekgotla e reng.

Ditekanyetso tsena di tlamehile ho hlokomela hore diphetoho tse tlamehileng ho ba teng tsamaisong ya toka di kenyelletsa batho ba batsho, ba mmala, Maindia, bomme ka ho otloloha le batho ba sa itekanelang. Re thoholetsa qeto e nkuweng ya hore ho be le motho wa mme eo e leng Mopresidente wa Baahlodi.

Ditekanyetso tsena, di tlamehile ho netefatsa hore difeme tsa babuelli tsa batho ba batsho di una molemo dikonterakeng le mesebetsing yohle ya mafapha a mmuso a hlokang ditshebeletso tsa semolao. Hona ho tlamehile ho tsamaya le kwetliso ya maemo a hodimo eo ba tlamehileng ho e fuwa sekolong sa molao hore ba be maemong a ho phethahatsa boikarabelo bona ka bokgabane. Ditekanyetso tsena di tlamehile ho thusa lefapha hore le be le dikamano tse ntle le diyunibesithi tsa naha ena hore dithuto tsa molao tseo di fanang ka tsona e be tse nyallanang le tjhebelopele ya semolao ya naha ena. Kwetliso ya boramolao makgotleng a dinyewe e tlamehile ho ba thusa ho qeta dinyewe ka potlako hore ho se be le tshubuhlellano ditjhankaneng. Mokgwa wa ho kgutlisetsa dinyewe morao ntle le hore batshwaruwa ba itlhahise kgotla o lekolwe mme makgotla a dinyewe a hlongwe ho ya ka moralo wa makgotla a metse. E se eka lefapha le ka atolosa letsholo la lona la “re se re fihlile”, hore ditshebeletso tsa Mookamedi wa Lekgotla le Phahameng la dinyewe, di fihlelle mahaeng.

Ditekanyetso tsena, di boele di netefatse hore makgotla a dinyewe a potlakisa ditshebeletso tsa ditjhelete tsa tlhokomelo ya bana, haholoholo dibakeng tsa mahaeng. Dibaka tsa thuso tsa mahlatsipa a tlhekefetso le peto tse jwaloka sebaka sa tlhokomelo sa Thuthuzela di eketswe. Re thoholetsa lefapha ka mekutu eo le e entseng twantshong ya tlhekefetso ya bomme le bana. Yona e akaretsa hore bana ba emetseng dinyewe di fele, ba se kwallwe le batho ba baholo; ho kenngwa tshebetsong ha Molao wa Tshireletso ya Bana; ho thuswa ha mahlatsipa a tlolo tsa molao; ho ahwa ha makgotla a dinyewe a sireletsehileng le ho lokisa a boemong bo sa lokang; ho lwantshana le ho nyamela ha mangolo a samane; le ho lwantshana le basebeletsi ba lefapha ba nang le bobodu.

Ditekanyetso tsena, di thuse lefapha ho potlakisa le ho phethela mosebetsi le ditlhapiso tse saletseng morao tsa mahlatsipa a tlhekefetso ya ditokelo tsa botho, o etswang ke Komiti ya Tshwarelo, TRC. Lefapha le tlamehile ho lekodisa mosebetsi o etswang ke Komishene ya Bomagiseterata, haholoholo ho fanyehwa mosebetsing ha bomakgiseterata ho ya ka ditlolo tsa molao wa boitshwaro tseo ba di entseng.

Re ela hloko lerata le etswang mabapi le diphetoho tse mothating wa ho etsahala tsamaisong ya toka, hammoho le ho kena dipakeng ha Letona le Mopresidente. Re tshepa hore tataiso ya bona e tla kgotsofatsa bohle ba nang le thahasello tsamaisong ya toka.

Ha e le diphetoho tse molemong wa tsamaiso ya toka naheng ena, lefapha le se ke la qeaqea ho di kenya tshebetsong. Re tla di tshehetsa ka hohle- hohle. Re utlwisisa bohlokwa ba ho fuwa monyetla wa ho hlophisa dipapadi tsa Mohope wa Lefatshe mme re hlokomela hore ditlokotsebe tse tswang dinaheng tse ding le tsona di tla be di le ka hara naha ena. Ka hona, re tshepa hore lefapha le ikemiseditse ho sebetsana le batho ba tlang ho tlola molao.

Tlhabollo ya batshwaruwa ke e nngwe ya boikarabelo bo boholo boo Lefapha la Tlhabollo ya Batshwaruwa le shebaneng le bona. Ditjhankane tsa naha ena di tletse batshwaruwa ba iphumanang ba le ditlamong ka lebaka la ditlolo tse fapaneng tsa molao. Nnete ke hore, pele batshwaruwa kaofela ba tlola molao mme ba iphumana ba le moo ba leng teng, ke karolo ya setjhaba. Ditlolo tse fapaneng tsa molao tseo ba di entseng, di hlekefeditse sona setjhaba sena seo e tla re ha ba qetile kahlolo ya bona, e be ba kgutlela ho sona. Potso e ba hore: Na ba kgutlela e ntse e le mashodu a ilo utswa hape na, kapa ba kgutla ba fetohile e le baahi ba hlomphang setjhaba le molao wa naha na? Ke karolo efe eo setjhaba se tlamehileng ho e bapala ho hlokomela hore ka nnete ha ba kgutla, ba kgutla ba hlabolohile?

Dibakeng tse mmalwa tsa polokeho ya batshwaruwa tseo re di etetseng jwaloka komiti, ho tletse bana ba batjha, ba tlilo dula nako e telele moo. Ditekanyetso tsena di tlamehile ho thusa lefapha ka moralo o tla etsa hore tlhabollo ya batshwaruwa e fuwe maemo a hodimo. Mosebetsing o babatsehang oo lefapha le o etsang, le tlamehile ho hokahana le dikereke, dikolo, mekgatlo ya setjhaba le borakgwebo, ho bontshana hore na mmoho ho ka etswang ho hlabolla batshwaruwa. Molao wa Motheo wa naha ena o sirelletsa ditokelo tsa batho bohle ho kenyelletsa le bona batshwaruwa. Tshubuhlellano e ka hara ditjhankane tsa naha ena, e sitisa le matsholo a tlhabollo hore a kene tshebetsong ka ho otloloha. Ho subuhlellana hona ho etsa hore basebeletsi ba ditjhankane ba hlolehe ho tsepamisa maikutlo a bona hodima tlhabollo ya motshwaruwa ka mong.

Bongata ba palo ya batshwaruwa bo kgahlano le palo e nnyane ya basebeletsi ba lefapha. Sena se etsa hore ho se be bobebe hore ho tsepamiswe maikutlo tshireletsong, mme e be batshwaruwa ba a baleha. Ba bang ba thuswa ke bona basebeletsi ba tjhankane mme ba jwalo, lefapha le tlamehile ho sebetsana le bona. Dikgeo tse teng di tlamehile ho kwalwa mme ho hirwe batho ba nang le boiphihlelo ba tsamaiso. Ba seng ba ntse ba sebetsa, ba fuwe meputso e hantle hore ba se ke ba sheba makgulo a matala, ba qetella ba tsamaile. Ditekanyetso tsena, di tlamehile ho thusa ho hohela batho ho tla tshehetsa lefapha.

Re thoholetsa lefapha ka meaho eo le e ahileng le eo le e lokisitseng mme re re ho potlakiswe ho ahwa e meng, le ho lokisa e meng ho fedisa tshubuhlellano.

Sebaka seo batshwaruwa ba dulang ho sona, le moo ho phehelwang dijo ho se seng sa dibaka tseo re ileng ra di etela mane Eastern Cape, ke mahlabisa dihlong. Tlaleho eo re ileng ra e fumana ke ya hore ho se seng sa dibaka tsena tsa polokeho, batho ba sa itekanelang kelellong ba kwalletswe mmoho le ba nkang hantle, mme ha ho na tiisetso ya hore ha ho kotsi e tla hlaha.

Re ananela maikemisetso a lefapha a hore ba se kwalle bana le batho ba baholo, e leng kamoo molao o hlokang kateng. Ditekanyetso tsena di tlamehile ho lekola taba ya bomme ba iphumanang e le baimana, le ba kwalletsweng le bana ba bona ba banyane. Ho bohloko ho bona ngwana a holela tjhankaneng ka lebaka la tlolo ya molao e entsweng ke motswadi. E se eka ho ka ba le mokgwa oo ka wona ba ka iswang dibakeng tse ding tsa polokeho.

Tshebediso ya batshwaruwa e le o mong wa mekgwa ya ho ba hlabolla, e tlamehile ho lekolwa le hore na moo ba sebetsang teng ba bolokehile na, ha ba tlo baleha kapa ho baka mathata. Ditekanyetso tsena di tlamehile ho netefatsa tlhokomelo le tshwaro e ntle ya batshwaruwa, phepo e tsamaisanang le bophelo bo botle mmoho le kalafo e hantle ha ba kula. Sena se ka phethahala ha lefapha le ka hira basebeletsi ba bophelo bo botle ba tlang ho thusa ka kalafo, haholoholo ho batshwaruwa ba nang le tshwaetso ya HIV.

Lefapha le tlamehile ho lekola menyenyetsi ya ho tlatlatjwa ha batshwaruwa ke basebeletsi ba tjhankane mme dikamano di etswe hore e be tse hantle, tse shebaneng le ho hlabollwa ha batshwaruwa maemong ao a jwalo.

Re tlo amohela bahahlaudi naheng ena ya rona ho tswa mafatsheng a ka ntle, ho tla boha dipapadi tsa Mohope wa Lefatshe. Re tshepa hore lefapha le bonetse pele haholo hore ho tla kwallwa batho ba bangata, hodima tshubuhlellana ena e teng hajwale.

Ha ke qetela, Motsamaisi wa Dipuisano, ho a hlokahala hore ke kope Motlatsa Letona ho potlakisa taba e tlisitsweng ka pela hae le Letona, ke komiti ya ditletlebo mabapi le batshwaruwa ba babedi ba tjhankaneng ya Kroonstad. Re tshepa hore Letona le tla nka qeto e nepahetseng kamora ho fumana keletso ya semolao ho tswa ho boramolao ba mmuso. Ke a leboha. [Mahofi.] (Translation of Sesotho speech follows.)

[Mr T M H MOFOKENG: Chairperson, Deputy Ministers, Mr Nel and Ms Mkhize, hon members of the Council, let me take this opportunity to welcome our visitors from Correctional Services. This would only be seen under an ANC- led government where there is the desire to rehabilitate prisoners. Let me take this opportunity to congratulate again the two gentlemen appointed in the Department of Correctional Services, Mr Moyane and Mr Sokhela, on the work that they have been chosen for.

Chairperson, our elders said a long time ago at the people’s congress in Kliptown that South Africa belongs to us all, black people and white people. No government will govern if it does not adhere to the principle of a government of the people by the people and for the people. They further emphasised that all will be equal before the law.

The introduction to the Constitution notes the lack of justice in the past. It honours those who were persecuted during the struggle for the freedom of our country, as well as recognises those who have served and helped to develop our country. The commitment to build a country free of discrimination on the basis of race or gender necessitates that the budget should focus on the issues that are still left from the past which are a reminder of where we come from.

It is not enough that we should only be proud of the Constitution that protects human rights, as well as the fact that oppressive laws of the past have been eradicated. However, there are still some lawyers and judges in our courts who drag their feet in the implementation of changes that are in the best interests of our democracy. There are some legal practitioners who defended the apartheid government and who benefited from its policies, who have been taught to behave patronisingly towards black people, and who find it difficult to accept the ANC-led government. This can be seen through some of the decisions taken in the courts.

We are not defending criminals but we are saying that the law must work in full. There are some cases where black people who have committed minor transgressions have been sentenced without considering whether it is a minor or a major offence. But in cases where white people have killed black people and say that they thought they were seeing a monkey it is said that they should be taken for psychiatric observation before they are sentenced. We understand the independence of the courts but there will never be justice.

We also are expected to keep quiet when the courts decide against us singing struggle songs. We respect the guidance of our organisation that we should act with restraint but we will sing irrespective of the court’s decision.

This budget must take into consideration that the changes that must be implemented in the administration of justice should take into account black people, coloureds, Indians, and women in particular as well as the disabled people. We support the decision taken to appoint a female as judge president. This budget must ensure that black legal firms benefit from contracts and work from all government departments that need legal services. This must be accompanied by training of a high standard which they should get from law schools so that they are in a position to fulfil their responsibilities efficiently.

This budget must help the department to have good relations with universities of this country so that the law subjects they offer are in line with the legal vision of this country. The training of lawyers in the courts must help in expediting court cases in order to avoid overcrowding in the prisons. The tendency of remanding court cases without offenders being present in court should be reviewed and the courts should be established according to the plans of the municipalities. Hopefully the department will extend its campaign, Re se re fihlile [We have arrived], so that the services of the Attorney-General extend to the rural areas.

This budget must also ensure that the courts facilitate the services regarding child grants, especially in the rural areas. The number of places of refuge for victims of abuse and rape, such as Thuthuzela, must be increased. We commend the department for the efforts it is making in the fight against women and child abuse. These include that children who are awaiting trial should not be incarcerated in the same cells as adults; implementation of the Child Justice Act; assistance given to victims of crime; construction of courts of law that are safe and fixing those that are in a state of disrepair, as well as tackling the issue of disappearing dockets and dealing with corrupt employees.

This budget should help the department to speed up as well as to bring to a conclusion the compensation claims that are still outstanding of victims of human rights abuses from the Truth and Reconciliation Committee, TRC.

The department must evaluate the work done by the Magistrates’ Commission especially concerning the suspension of the magistrates in regard to the violation of the code of ethics that they have committed.

We have observed the noises being made with regard to the imminent changes that are to be effected in the administration of justice, as well as the interventions of the Minister and the President. We hope that their guidance will satisfy all those who are interested in the administration of justice.

As far as changes that are in the best interests of the administration of justice in this country are concerned, the department must not hesitate to implement them. We will support them totally. We understand the importance of being given the opportunity of hosting the World Cup and we are aware that criminals from other countries will be in the country. Therefore, we hope that the department is prepared to deal with people who will break the law. The rehabilitation of prisoners is one of the most important responsibilities that the Department of Correctional Services is faced with. Prisons in this country are full of prisoners who have been jailed for different types of crime. The truth is that before all prisoners break the law and find themselves in the situation they are in, they are members of society. The different types of crime that they have committed were perpetrated against the very society which, after they have completed their sentence, they will return to. The question is: Do they go back as thieves who are going to steal again or do they go back as changed citizens who respect the community and the law of the land? What role should society play to ensure that when they come back, they come back rehabilitated?

Several detention centres that we visited as a committee are full of youths who will be there for a long time. This budget must help the department with a plan that will make the rehabilitation of prisoners the highest priority. Concerning the excellent work that the department is doing, it must also consult with the churches, schools and civil society, as well as business, in order to share ideas about how they can rehabilitate prisoners together. The Constitution of this country protects the rights of all individuals, including prisoners. The overcrowding in our prisons is stifling rehabilitation efforts from being properly implemented. The overcrowding prevents prison employees from focusing their energies towards the rehabilitation of individual prisoners.

The high number of prisoners does not correlate with the small number of prison officials. This results in it being difficult to focus on security, leading to prisoners escaping. Some of them are assisted by the very prison officials and the department must deal harshly with such individuals. Unfilled positions must be filled by hiring people who have administrative competence. Those who are already working must be paid good salaries so that they do not look for greener pastures and end up leaving. This budget must help in drawing people to come and support the department.

We applaud the department for the buildings it has constructed and the ones it has repaired and we would like to say that more should be built as a matter of urgency, as well as repairing others in order to get rid of overcrowding.

In one of the areas that we visited the place where prisoners are kept and where food is prepared is an embarrassment. The report that we received was that in one of the prisons mentally disturbed prisoners are kept with normal people and there is no assurance that this is not dangerous.

We welcome the department’s plan that children must not be kept together with adults, which is what the law stipulates. This budget must also review the issue of women who get pregnant as well as those incarcerated with their babies. It is a sad state of affairs to see a child growing up in jail because of the indiscretions of the parent. If only there could be a way in which they could be taken to other places of safety.

The practice of employing prisoners as one of the methods of rehabilitation must be reviewed to ensure that where they are working is secured, so they are not going to escape or cause problems.

This budget must ensure the care and good treatment of prisoners, including a healthy diet as well as good care when they are sick. This can only happen when the department hires health workers who can help with health care, especially with regard to inmates living with HIV.

The department needs to investigate rumours of assault on prisoners by prison officials and thus restore good relations that focus on the rehabilitation of prisoners who are in that situation.

We will be welcoming tourists to the country who are coming to watch the World Cup. We hope that the department has anticipated that many people will be arrested, over and above the overcrowding that is already there at the moment.

In conclusion, Chairperson, it is necessary for me to ask the Deputy Minister to speed up the issue brought before him and the Minister by the grievances committee in relation to two prisoners in a Kroonstad jail. We hope that the Minister will take a decision after getting legal advice from state lawyers. Thank you. [Applause.]]

Mr J M BEKKER: Chairperson, hon Deputy Ministers, hon colleagues, hon guests, the Department of Justice and Constitutional Development and the Department of Correctional Services are very important pillars in our fight against crime in the country.

I believe, as I have said on previous occasions, that the systems are in place. However, in both these departments it is the implementation that is not realised. This is due to bad management and a lack of responsibility and discipline.

Ons aanvaar dat ons regstelsel heeltemal onafhanklik moet wees en streng net volgens die Grondwet en landswette moet optree. Ons glo dat ’n onafhanklike regstelsel die Grondwet en die demokrasie van ’n land beskerm en bewaar. Ons is trots op ons Grondwet, maar dan moet die regstelsel en die politiek geskei wees.

Ons is egter bekommerd as ons na die aanstellingsprosedure van die topbekleërs van sekere poste kyk. Die Pikoli-drama, asook die ondersoeke rondom regter Hlophe, plaas ’n vraagteken op die stelsel. Beide hierdie gevalle was nie opbouend vir ons regstelsel en regering nie. Ons glo daar is te veel mag in die hande van politici - en veral die regerende party - by hierdie aanstellings.

Daar moet gesoek word of gepoog word om hierdie aanstellingsprosedure te hersien. Ons eer en respekteer ons regters-president, ons hoofregter en al die regters van die verskillende howe en wil hulle beskerm teen enige bewerings wat hulle onafhanklikheid en integriteit aantas. Hulle is die bewakers en bewaarders van ons land se mense.

In ons laer howe glo ons die groot probleem is vertragings. Sake word verskeie kere uitgestel om ’n wye verskeidenheid van redes. Soms is die getuienis deurmekaar of soms ontbreek sekere belangrike dele; of soms blyk dit net laksheid en nalatigheid te wees. Dit is opvallend dat effektiwiteit, produktiwiteit en verantwoordelikheid ontbreek.

Die Departement van Justisie en Staatkundige Ontwikkeling se taak is om aan almal ’n regverdige verhoor te verseker en seker te maak dat misdadigers gestraf word.

Dit is dus om dissipline in die land te verseker, maar hier skiet ons stelsel ver te kort en word die menseregte van misdadigers te hoog aangeslaan. Te veel sake word teruggetrek as gevolg van tegniese foute en die misdadigers loop vry. Daar sal maniere gevind moet word om die agterstand van die howe en die onnodige vertragings uit te skakel, andersins beweeg ons na ’n sfeer van totale wanorde.

Die Departement van Korrektiewe Dienste is daar om die vonnisse, opgelê deur die howe, uit te voer. Beteken dit dan dat misdadigers opgesluit word vir ’n tydperk en dan weer losgelaat word om maar weer te gaan oortree? Toestande is haglik en geleenthede word gegee om te beplan vir die volgende misdaad. Ons het ’n oorbevolking van 139,747%! Gevonnisde gevangenes was 114 282 en verhoorafwagtendes 50 511 op 31 Maart 2010.

Ons glo dat daar te veel klem gelê word op straf en dat die departement ’n klemverskuiwing moet ondergaan na rehabilitasie. Daar moet geleenthede geskep word vir gevangenes om opleiding te ontvang, sodat hulle toegerus kan word om ’n beroep te gaan beoefen as hulle hul straf voltooi het. Hy of sy moet ’n geleentheid gegun word om hom of haar te rehabiliteer.

Hier word met mense gewerk; mense met persoonlikhede en gedragspatrone wat gewoonlik baie deurmekaar is. Daar moet aandag gegee word aan hoe hierdie mense die probleme en uitdagings van die lewe kan hanteer en hulle moet geleer word wat bring werklik geluk en vrede in jou lewe. Ons moet die getal mense wat misdaad as ’n lewenswyse sien, verminder en probeer om hulle effektiewe, ekonomies onafhanklike burgers te maak.

Die koste om hierdie instellings aan te hou, is ook baie hoog. Dit beloop meer as R40 miljoen per dag. Daar is so baie ander behoeftes wat aangespreek kan word. Gevangenes kan arbeid verrig en ’n bydrae maak tot die land se ekonomie.

Die taak van die amptenare is grotesk. Dankie vir die werklik verantwoordelike amptenare wat hierdie uiters ondankbare werk verrig. Die departement het egter ook amptenare aan die anderkant wat floreer uit al die bendebedrywighede. Hierdie oorheersing deur bendes van die gesag in die instellings, is seker die enkel grootste probleem wat uitgeroei moet word. Daar moet maniere gevind word om hierdie mag van bendes te breek.

As ons na die Witskrif op Korrektiewe Dienste van 2005 kyk, dan het ons ’n uitstekende plan wat toegepas en uitgevoer moet word, maar ongelukkig word dit nie effektief gedoen nie. Dit is ook ’n groot bekommernis dat die departement verskeie gekwalifiseerde ouditverslae oor die afgelope jare ontvang het. Tydens hulle voorlegging aan die komitee, was omtrent al die amptenare waarnemend.

Daar moet dus foute in die toepassing van die stelsels wees. Die rol wat Justisie en Staatkundige Ontwikkeling en Korrektiewe Dienste speel in ons stryd teen misdaad, is fenomenaal. Korrektiewe Dienste moet puik funksioneer as ons misdaad in hierdie land wil beheer. Ek dank u. [Applous.] (Translation of Afrikaans paragraphs follows.)

[We acknowledge that our legal system must be completely independent and must act strictly in accordance with the Constitution and laws of the country. We believe that an independent legal system will protect and preserve the Constitution and the democracy of a country. We are proud of our Constitution, but then the justice system and the political system should be separated.

However, we are concerned when we look at the appointment procedure of the top incumbents of certain posts. The Pikoli drama, as well as the investigations around Judge Hlophe, raise some concerns about the system. Both these cases were not constructive to our legal system and government. We believe that too much power is concentrated in the hands of politicians – especially the ruling party – with regard to these appointments.

We have to look at or attempt to review this appointment procedure. We honour and respect our judge president, our chief justice and all the judges of the different courts, and we want to protect them against any allegations that may infringe upon their independence and integrity. They are the guardians and custodians of the people of our country.

With regard to our lower courts, we believe delays to be the major problem. Cases are postponed numerous times due to a variety of reasons. Sometimes the evidence is unclear or certain important pieces have been omitted; at other times it appears to be due to slackness and negligence. It is obvious that there is a shortcoming with regard to efficiency, productivity and responsibility.

The task of the Department of Justice and Constitutional Development is to guarantee everyone a fair trial and to make sure that criminals are punished. It is therefore to ensure discipline in the country but here our system has many shortcomings and too much value is placed on the human rights of criminals. Too many cases are withdrawn due to technical mistakes, and the criminals walk free. Ways will have to be found to eliminate the backlog in the courts and the unnecessary delays, otherwise we will be moving towards a sphere of total chaos.

The task of the Department of Correctional Services is to execute the sentences that the courts have imposed. Does that then mean that criminals are locked up for a period and are then freed in order to transgress again? Conditions are terrible and opportunities arise to plan the next crime. We have an overpopulation of 139,747%! As at 31 March 2010 sentenced prisoners totalled 114 282 and awaiting-trial prisoners totalled to 50 511.

We believe that too much emphasis is placed on punishment and that the department needs to undergo a shift in emphasis to rehabilitation. Opportunities must be created for prisoners to receive training, in order for them to be able to ply a trade, once they have served their sentence. He or she must be given an opportunity to rehabilitate themselves.

Here we are working with people; people with personalities and behavioural patterns that are not usually clear-cut. Attention must be given to how these people can handle the problems and challenges of life, and they must be taught what brings actual happiness and peace in their lives. We have to reduce the number of people who see crime as a way of life and try to make them efficient, economically independent citizens.

The cost to sustain these institutions is also very high. It amounts to more than R40 million per day. Many other needs also have to be addressed. Prisoners can provide labour and in that way contribute to the economy of the country.

The task of the officials is grotesque. Thank you to the truly responsible officials who do this very thankless work. On the other hand, the department also has officials who flourish due to all the gang activities. This domination by gangs of authority in institutions is certainly the biggest single problem that needs to be eliminated. Ways will have to be found to break this power that gangs have.

If we look at the White Paper on Correctional Services of 2005, we have a brilliant plan that we can institute and implement, but unfortunately this has not been done effectively. It is also of great concern that the department has received various qualified audit reports over the last couple of years. During their submission to the committee, nearly all the officials there were in an acting capacity.

There must therefore be mistakes in the implementation of the systems. The Departments of Justice and Constitutional Development and Correctional Services play a phenomenal role in our fight against crime. Correctional Services has to function brilliantly if we want to control crime in this country. I thank you. [Applause.]]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon members may I explain that the next speaker, hon Nesi, will deliver his speech from where he is seated. Most of us understand why; so you can carry on, Nesi.

Mr B NESI: Chairperson, the Deputy Minister Mr Nel, hon Deputy Minister Ms Mkhize, hon members of the House and guests, I’m honoured to be taking part in this debate today, a day after we have celebrated Africa Day. Yesterday reminded me that we are still going to celebrate these milestones as a developing nation that has all it needs at its disposal to ensure a brighter future for generations to come.

Within no time we will be celebrating the 55th birthday of the Freedom Charter, a charter which the late president-general of the ANC Oliver Tambo referred to as the people’s document. This document has proved over decades and from generation to generation that it indeed embraces the interests of all South Africans, hence I quote what our forebears proclaimed:

All shall be equal before the law!

It has been 16 years since we entered the corridors of power as the ANC. In these 16 years we have done many things in an attempt to fulfil the dreams of our forefathers and mothers, which were articulated in 1955. However, more needs to be done to eradicate the apartheid legacy.

Building a society founded on democracy and human rights; protecting people against violence and intimidation; and ensuring equal justice for all, especially those from previously disadvantaged communities, will not be an easy task. The slow pace of legal reform and transformation in the Department of Justice and Constitutional Development confirms the latter. For example, the proposal on child justice, which was made in 1994, only came to fruition 16 years later when the Child Justice Act came into operation on 1 April 2010.

The transformation of the Bench to be more representative in terms of race and gender remains a challenge.

Ngokuphathelele kulo mba, siyiANC siyancoma xa kusithiwa iijaji ezingoomongameli ezisuka eRhini mazithunyelwe eBhisho. [With regard to this issue, we the ANC commend the decision that judge presidents from Grahamstown must relocate to Bhisho.]

It is in line with the Polokwane resolutions when we said …

… ezi Nkundla ziPhakamileyo kufuneka ziye kubekwa apho iintloko-dolophu zamaphondo zikhoyo. [… that these High Courts must relocate to the provincial capitals.]

It is evident that the Deputy Minister was there in Polokwane; he did not run out of the conference. [Applause.]

More needs to be done to ensure that more female and black candidates are appointed to the judiciary. We welcome the appointment of South Africa’s first female judge president on 5 May 2010. We further welcome the intentions by the department to establish at least one Small Claims Court per magisterial district. This will ensure greater access to justice, especially in rural Mpumalanga, Limpopo and the Eastern Cape.

Sihlalo, xa abantu baseKokstad befuna ukufikelela kwiiNkundla eziPhakamileyo eMpuma Koloni kufuneka bahambe umgama ongangeekhilomitha ezingama-800 ukusuka eKokstad ukuya eBhisho. Kanti abaseMonti xa besiya eRhini kwiNkundla ePhakamileyo kufuneka bahambe iikhilomitha ezingamakhulu amabini anento.

La Nkundla iPhakamileyo iseRhini ibiyiNkundla ePhakamileyo yeMpuma Koloni endala eyayiphantsi kweriphabliki. Le iseBhisho yayiphantsi kukarhulumente waseCiskei nowaseTranskei ababeyinxalenye yoorhulumente ababesakubizwa ngokuba ngoorhulumente abayiTBVC. (Translation of isiXhosa paragraphs follows.)

[Chairperson, when people from Kokstad want to access the High Courts in the Eastern Cape, they must travel a distance of approximately 800 km from Kokstad to Bhisho. Meanwhile, those who reside in East London must travel more than 200 km.

That High Court in Grahamstown was a High Court of the old Eastern Cape, which was in the republic. The one in Bhisho was under the Ciskeian and Transkeian governments, which were formerly known as the TBVC states.]

So the legacy of apartheid is still there after 16 years. It is for this reason that we welcome this move by the department …

… yokutshintsha ukucwangciswa kweza nkundla eMpuma Koloni, eLimpopo nakuzo zonke ezi ngingqi. [… to transform the courts in the Eastern Cape, Limpopo and all the other regions.]

We understand that many people are going around campaigning that the court in Grahamstown must not be moved. Such people are sowing seeds of confusion among our people …

… ngoba akuhanjiswa nkundla. [… because the court itself is not moved.]

No jobs are going to be lost. What is being undertaken is the rearrangement of the justice system so that it is able to deliver justice to our people. While the justice service is to be increased, the quality of that service will not take us to the realisation of our goal of “All shall be equal before the law!”, if the language used in these courts is not the one that is used by those communities.

Ukuba uza kuthatha umlungu umenze ijaji, umantyi, itoliki, igqwetha okanye umtshutshisi, ngaloo ndlela uzakuba uvimba aba bantu ithuba lokuba bakwazi ukuzithethela kwaye bafikelele kubulungisa ngendlela eyiyo. (Translation of isiXhosa paragraph follows.)

[If you are going to take a white man and make him a judge, a magistrate, a court interpreter or a prosecutor, you are depriving these people in that way of the opportunity to defend themselves and receive the justice they deserve.]

So the issue of language in these courts is very important. If gender representation in those courts does not reflect the demographics of the victims …

Ukuba amagosa kwezi nkundla iza kuba ngamadoda - oko kukuthi umantyi, umtshutshisi, ipolisa elikhwaza umntu, namagqwetha - babe abantu abaninzi abaze kufaka izimangalo ingoomama; naleyo ayisoze isincede. Kuza kunyanzeleka ukuba siqiniseke ukuba kwezi nkundla - ukuba sithetha ngokufikelela kubulungisa - zonke izini zimelwe. Oomama kufuneka bakwazi ukubhekisa kubantu ababaqondayo njengoomama. (Translation of isiXhosa paragraph follows.)

[If officials in these courts are going to be men – meaning that the magistrate, the prosecutor, the police officer who calls the accused and lawyers are all men – whilst the majority of the people who have laid charges are women, that will never help us. It is imperative that we ensure that in these courts – if we are talking about accessible justice – all genders are represented. Women must be able to speak to people who will understand them as women.]

We also need to address the issue of race, as I have mentioned. We are only at the beginning of a long journey to a truly united, democratic and prosperous South Africa in which the value of all citizens will be measured by their humanity without regard to race, gender and social status.

As a developmental state, South Africa’s acceleration of transformation of the entire court system will go a long way to further improve the confidence of the people of South Africa in our criminal justice system.

This budget and its intentions reflect the resolutions taken at the 52nd national conference of the ANC in Polokwane. It is evident that the Minister and the Deputy Minister didn’t run away to Cope in Bloemfontein when they couldn’t cope inside the hall!

Indeed, their intentions and those of the department as a whole are echoing the voices of those fathers and mothers who clenched their fists and raised their voices in Kliptown in 1955 and loudly proclaimed: “All shall be equal before the law!”

In conclusion …

… masivakalise iminqweno yokuba aBafana Bafana bakwenza ubulungisa ngomhla we-11 kuJuni eSoccer City eRhawutini … [… let us convey our wishes that Bafana Bafana will do justice on 11 June and rise to the occasion at Soccer City in Johannesburg …]

… where they will deliver to the Africans the African century. Sihlalo, iANC iyayixhasa le Voti yoHlahlo-lwabiwo-mali. [Chairperson, the ANC supports this Budget Vote.]

We further conclude by echoing the words expressed by the current President, Jacob Zuma, when he declared this year the year of action. The call he made that we must work harder, smarter and faster should be a constant reminder to this department that we are behind schedule. Thank you. [Applause.]

Mr M W MAKHUBELA: Deputy Chairperson, hon Deputy Ministers and Minister of Correctional Services, I will start with the issue of perception related to consultants. Is what we are hearing true – because we want this House to be clear – that consultants have now taken over from the staff in delivering services in Correctional Services? Is it true that an amount of about R200 million, over the past two years, has been used to pay consultants? If so, why?

We also heard that the people who are consultants are former employees of Correctional Services. What is the problem; why is this thing not cleared up? I should have heard the Minister when he was standing here saying what we have seen or read in the newspaper is incorrect and here is the correct version. That would have put government in the right perspective and we would not have to believe in newspapers.

It can be believed that this thing is true; this year there is no way the budget for consultants was made available. It shows what we have read is true. The issue of Kutama and Mangaung prisons is that they are run by former employees of the Department of Correctional Services. They were in service when they went through the back door to get a job again to maximise their wealth.

With regard to the backlogs occurring in the Ministry of Justice and Constitutional Development, why can’t new methods of administration be utilised to curb them? Also, what happened to the preparatory examination we used to have in order to do away with the backlog? We used to have a preparatory examination whereby everything was put in place procedurally. If we do this, we are definitely going to see changes.

I want to align myself with the view expressed by hon Nesi regarding the issue of jurisdiction: For 15 years a person has still had to take a prisoner from Mabopane to Mafikeng; let us rectify this. We love to debate this thing while we are supporting the budget. We know that it should take place in a correct manner.

The issue of language in courts - oh no! What one can say – it’s just a story. Ek sal so sê. [I will put it this way.]

Because if you get a black person who is TshiVenda-speaking and the magistrate is also Venda, why do they still interpret into English because we have judges like Judge Moseneke who understands IsiZulu and SeSotho? You know such things … Oh, yes, thanks. [Time expired.] [Applause.]

Mr J J GUNDA: House Chairperson, hon Deputy Minister of Justice, hon Deputy Minister of Correctional Services, members of the House, and all protocol observed; the ID believes that a number of decisions by this Ministry of Justice and Constitutional Development over the past years have placed the principle of the independence of the judiciary and the National Prosecuting Authority, NPA, under threat.

For the record, the ID has repeatedly made its view on the appointment of Menzi Simelane clear. The appointment of this arrogant and almost definitely dishonest former Director-General of Justice, and later the Deputy Director of the NPA, as the country’s new National Director of Public Prosecutions was an indictment on the government. Instead, this man was rewarded by government with a job promotion.

With regard to Correctional Services, the ID remains concerned that South Africa’s correctional centres are hopelessly overcrowded and are not up to the task of rehabilitating criminals. The department has been mandated to rehabilitate, develop and train offenders with different skills in order to become responsible citizens.

Chair, we must look at them and tell them that they are welcome in society to play their role in the community. Unofficial statistics report that over 70% of criminals who leave jail revert to their criminal ways. As we look outside the foyer of this House, we see the talent and skills displayed in the work that these offenders can do. It is of utmost importance to help them change their thinking as well as their attitude.

We must alleviate the overcrowding in our prisons by cutting down on the number of awaiting-trial prisoners who are languishing in jail. The conditions that some of these prisoners are held under are unacceptable, for example those at the King William’s Town prison. We must also ensure that awaiting-trial cases are processed far more efficiently by the justice system, and encourage alternatives to incarceration for less serious offenders.

Finally, the ratio of warders to prisoners needs to be reviewed and justified, while the danger allowance needs to be increased drastically. The income inequalities between ordinary warders and high officials like commissioners and their deputies must be reviewed.

Hon Chair, allow me to say this in Afrikaans.

Jy kan nie iemand in ‘n gevangenis aanhou en nie hierdie persoon help om sy menswaardigheid terug te kry nie. En die departement sê vir ons dat hulle besig is om mense te rehabiliteer. Om mense te rehabiliteer, beteken dat ek jou moet help om ’n beter mens te word sodat jy kan groei en sodat jy iemand kan wees in die gemeenskap. Ek dank u, en ons ondersteun die begrotingspos. [Applous.] (Translation of Afrikaans paragraph follows.)

[One cannot detain somebody in prison and not assist them to regain their human dignity. And the department informs us that they are busy rehabilitating people. In order to rehabilitate a person one has to assist that person to become a better person so that they can grow and become a member of the community. I thank you, and we support the Budget Vote. [Applause.]]

UMntwana M M M ZULU: Sihlalo, amaPhini oNgqongqoshe womabili, izinhloko ezintsha zoMnyango Wezokuhlunyeleliswa Kwezimilo , kumbalwa mhlonishwa Ngqongqoshe eMnyangweni Wezokuhlunyeliswa Kwezimilo engicabanga ukuthi kufanele kubhekisiswe kahle. Kufanele kubhekisiswe kahle uhlelo lokuboshwa kwezingane zethu ezincane bese zivalelwa nabantu asebemadolomhlophe ngoba sibuye sizihlukumeze. Enye yezinto okufanele ibhekisiswe leyo, nokuthi singenza kanjani ukuthi lezo zinto zincishiswe. Yilokho nje okungikhathazayo kuleyo ndawo. (Translation of isiZulu paragraph follows.)

[Prince M M M ZULU: Chairperson, both Deputy Ministers and new heads of the Department of Correctional Services, there are only a few things in the Department of Correctional Services that I think need to be revisited. The issue of arresting young people and putting them in the same cells as older people needs to be revisited because they are being subjected to abuse. That is one thing that needs to be revisited, as well as looking at what we can do to reduce those instances. That is my only concern at the moment regarding this issue.]

The HOUSE CHAIRPERSON (Ms N W Magadla): Hon member, please raise your voice.

UMntwana M M M ZULU: Ngeke ngisakubala okuningi ngoba ushilo uku thi inkohlakalo uzoyehlisa kanjani eMnyangweni wakho. Lokho kuyabongeka ngoba yizimali zomphakathi lezi okufanele zibe nokuvikeleka. Ngakho alikho izwe eliphumelelayo uma linenkohlakalo.

Lokhu siyakubonga, yingakho siyiqembu le-IFP siseseka lesi sabiwomali ukuze ukwazi ukubhekana nezinselele ezibhekene nezwe lethu. Nokuthi ubheke lawo madolobhana amancane analezo zitokisi, ukuze kubhekisiswe kahle ukuthi kuzokwenziwa kanjani ngalezi zingane eziboshwa zihlanganiswe nabantu abadala, bese bezigila yonke imikhuba.

Ngiyazi ukuthi uMnyango Wezobulungiswa yiwona Mnyango oyisikhumba sethu sokwembatha ngoba uphethe Umthethosisekelo wezwe. Kufanele ubheke ukuthi lezi zinto zihamba kahle yini. Nokusheshiswa kwezidingo zokuba kugwetshwe labo bantu abanamacala, kuthet hwe amacala abo ngokukhulu ukushesha ukuze kubonakale abantu bengahlali kakhulu emajele. Ngoba lokho kudla kakhulu imali kahulumeni, uma uMnyango Wezobulungiswa ungakwazi ukubhekana nezinselele ezikhona.

Njengoba sikhuluma ngo-2010 - igugu elikhulu lethu njengabantu baseNingizimu Afrika, kufanele sibheke njengoba kuzobe kukhona izihambi ukuthi singaphoxeki, ngoba phela ubugebengu sibuye sibenabo ngenxa yendlala. Izinkantolo lezo uNgqongqoshe ayethe zizosungulwa, mazisungulwe ngokushesha ukuze kushushiswe labantu abazobe benza okuphambene nomthetho kulelizwe lakithi.

Bese sibheka ukungaxhumani kahle koPhiko Lwezokushushisa Lukazwelonke njengoba uNgqongqoshe ebeseke wakusho ukuthi ubudlelwane phakathi kwalawa mahhovisi womabili abubuhle kahle. Mhlonishwa Khabazela, kufanele niqinisekise ukuthi lezi zinto ziyancishiswa ukuze sikwazi ukusebenza ndawonye, ngoba ngeke sivume ukuthi iMinyango izenzele noma yikanjani ngaphandle kokulawulwa yinina. Nina nibekiwe njengosombusazwe ukuthi neluse futhi niqinisekise ukuthi ubudlelwane buhamba ngendlela. Njenge-IFP siyazesekela zombili lezi zabiwomali zeMinyango yomibili. Ngiyabonga. (Translation of isiZulu paragraphs follows.)

[Prince M M M ZULU: I will no longer mention everything because you did say how you intend reducing corruption in your department. We applaud that, because it is the taxpayer’s money that needs to be protected. No country succeeds when corruption is rife. As the IFP we applaud this, which is why we support this Budget Vote. It will assist the department in dealing with the challenges facing our country; as well as revisiting the issue of small towns with small prisons, so that we can look at what will be done with regard to the young people who are arrested and put in the same cells as older people, who abuse them in many ways.

I know that the Department of Justice and Constitutional Development is the department we can rely on because it upholds the Constitution of our country. It must see whether or not these things are on the right track - the speeding up of the processes to convict guilty people, to get their cases heard quickly so that people do not spend too much time in prison. If the Department of Justice and Constitutional Development fails to deal with the challenges, it wastes more government funds.

As we are talking about 2010 and since there will be visitors, our great pride as the people of South Africa will be to ensure that we are not humiliated because of crime, which is perpetuated by poverty. The courts that the Minister said will be established must be established quickly so that those who will be transgressing the law in this country will be prosecuted.

The issue of the National Prosecuting Authority must be revisited since the Minister has mentioned before that the relationship between these two offices is not in harmony. Hon Mkhize, you must make sure that these things are reduced so we are able to work together, because we cannot let the departments do as they please and not be administered by you. As the ruling party you are expected to steer and make sure that the relationship is pleasant. As the IFP we support the Budget Votes of both departments. Thank you.]

Mr L P M NZIMANDE: Chairperson, hon Deputy Ministers, first and foremost I would like to sincerely thank the Council for wishing me a speedy recovery whilst I was in hospital. I am now fully recovered. [Applause.]

I want to mention one or two things to my two friends, the general and my friend Gunda, before I get to the business of the day. [Laughter.] I would like to remind them that these individuals they are concerned about are professionals and they have their own merit. We do not feel sorry about appointing them to positions because they do qualify on merit. [Applause.]

Chairperson, I am rising on behalf of ANC to make an input in this policy debate on Budget Vote No 20 - Correctional Services. We are doing so not because we have counted rands and cents and concluded that the allocation is adequate, but because of our conviction that this budget demands specific conduct from the officials responsible for the operations and implementation of programmes for the department.

For us, this allocation of R15 billion is an efficiency- and competency- oriented budget that requires financial discipline, diligence and effective decision-making on the part of the department and the Ministry as they hunker down to implement service delivery to our people.

We are supporting this budget fully aware of the challenges that the department has been facing for many years now, which include, amongst other things, qualified audits, high vacancy rates, a lack of internal systems and structures, escaping of prisoners, overcrowding, irregularities in procurement and corruption of staff members, as indicated in the input of the Minister.

Despite these problems that have plagued the department for so long, we are, however, encouraged by these allocations, which show that the greater portion is going to facilities, which in turn will reduce overcrowding, create more bed space and provide for other programmes, like the developmental and care programmes for the inmates.

With regards to current facilities that are either upgraded or newly built, we would like to emphasise to the department that it should act with speed in commissioning these facilities, particularly the Kimberley Correctional Centre and those in the Western Cape; there were indications during our oversight visit that they would have been finished by the end of last year. However, the R2 billion allocation for rehabilitation and reintegration of offenders into families and society is placing a big challenge before the department to implement the programmes effectively and ensure that there is value for money, because as the President of the country instructed in the state of the nation address, this year is the year of action.

Therefore, the departments must work faster, harder and smarter to ensure that this R2 billion is effective because the critics are arguing that we are allocating a small amount of money for the rehabilitation and reintegration of offenders.

Therefore, the demand is that the department must ensure that they effectively implement these programmes in partnership with civil society and the public-private partnership, PPP, entities to enhance the implementation of the programmes.

Indeed, we must emphasis the need to pay serious attention to programmes that are aimed at correcting offending behaviour and ensuring that the majority of our offenders are prepared for reintegration through the active involvement of the victims and communities.

We are, however, fully conscious of the fact that the conditions and the legacy under which crimes are committed include, amongst other things, poverty; hunger; unemployment; illiteracy; dysfunctional families; the absence of care and authority figures in communities; and greed, particularly amongst affluent families, which causes them to look for a quick-fix solution, namely to commit a crime.

It is, therefore, important for the department to now revisit the objectives of the White Paper and come up with implementation strategies for Correctional Services. These strategies should emphasise the need for courts, sentenced people and the correctional officials to understand rehabilitation as key when sentences are handed down. The purpose of the correctional system in South Africa is not … Thank you, Chairperson. [Time expired.] [Applause.]

The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: House Chairperson, Deputy Minister of Correctional Services, hon members, I would like to add my voice to those that were heard at the beginning of this session welcoming back the hon Nzimande and wishing him well.

Hon members, thank you very much to all who participated in this debate. It was a useful and informative debate. Certainly, many of the issues that have been raised have been noted by the Department of Justice and Constitutional Development.

I would like to reiterate once again our gratitude to members of the select committee who interacted very thoroughly with the department on our strategic plan and budget and made very valuable inputs. I would want to touch upon some of the issues that were raised in the course of the debate.

First of all, we can’t agree more with the sentiments expressed by the hon Mofokeng and Nesi when they said that it can’t be enough for us to be proud that we have put in place a new Constitution and that we’ve repealed the laws of apartheid. We must go beyond that. That is really what lies at the heart of our quest to transform the justice system: It is to make a reality of all that’s contained in the Constitution.

The Constitution can’t live on paper; it must live in the hearts and minds of people; it must live in the everyday reality of people. We must make sure that people know their rights. They must understand their rights, and must have the mechanisms to enforce those rights, as well as the knowledge and assistance to do so. That is what access to justice is about.

Secondly, a number of issues have been raised by the hon Mofokeng. He raised issues that are critical to the transformation of our legal system as a whole. He touched upon the question of briefing patterns. That is a matter that will be dealt with shortly, when the Legal Practice Bill is introduced in this House. It is also receiving attention. The department has set very definite targets for the briefing patterns of the state with regard to black practitioners. The question of the extension of High Court services and other services to rural areas is something that is receiving the highest attention, as we indicated in our input. That also lies at the heart of our work around the expansion of Small Claims Courts, the conversion of branch courts into full service courts, and the construction of new courts.

With regard to the issue of court judgments with a racial bias, we are aware of those instances where judgments have a definite racial bias. What we can say is that the President has signed the proclamation that puts the Judicial Service Commission Amendment Act into operation from 1 June this year. The commencement of that Act will create a mechanism whereby complaints of that nature can be dealt with. It will also enable Parliament to adopt a code of conduct for judges to ensure that they adhere to the values of the Constitution.

We can also mention that the SA Judicial Education Institute has been established and it’s in the process of becoming operational. Once that institute is fully up and running, one of the tasks that it will have will be to give social context training to judicial officers.

The hon member Bekker raised a number of matters relating to the management of cases and backlogs in cases. We have put in place a case flow management system that aims to streamline those processes. It has also been agreed by judges at the level of both the High Courts and the Magistrates’ Courts to adopt an approach of judicial case management, where the judge will exercise much greater control over the management of cases before his or her court.

Through the implementation of the criminal justice review programme, we have put in place a number of protocols that are designed exactly to make sure that cases go to trial only once they are ready to be tried. In that way, it will speed up those processes.

We have had, since 2006, a case backlog project which initially focused only on the regional courts. That has been a very successful project. It has managed to bring down the levels of case backlogs quite substantially. That project is now being extended to the district courts.

I want to also touch on some of the issues raised by the hon Bekker and hon Gunda: those of the independence of the judiciary and other institutions in our legal system, as well as the making of appointments.

Before I get onto that topic, I would want to recall the words of Mr Paul Graham, the Executive Director of the Institute for Democracy in South Africa, Idasa. He was speaking at a memorial service for the late Dr Van Zyl Slabbert, a great South African to whom I pay tribute and to whom we also pay tribute this afternoon in the NA. What Paul Graham said was that at one of the very first gatherings of Idasa, Dr Van Zyl Slabbert gave an input in which he defined three elements of democracy.

I won’t speak on all three of them. The one he spoke about was the concept of bounded uncertainty. What he meant was that in negotiating a democratic dispensation it’s important to agree upon the ground rules, not necessarily on the outcomes. Once the rules are in place, the game must be played, and whatever outcome emerges from those rules, we must be willing to accept the results.

I want to appeal to hon Bekker and Gunda to apply that wisdom of the late Dr Van Zyl Slabbert. We have negotiated the Constitution. We have put in place the rules, the structures and the mechanisms such as the Judicial Service Commission, JSC. We have given the President certain powers of appointment. Let us stick to those rules.

No one here has made a cogent argument that in any one of those instances the rules have not been followed. People are unfortunately not happy with the outcomes. That is fundamentally undemocratic, and can I say, in the case of the DA, it’s fundamentally illiberal to object to the structures and the rules when you are not happy with the outcomes. Please, let us respect the outcomes of our democratic processes.

The hon Gunda came here blazing. I know that three minutes can be challenging to make a sensible input, but please bear in mind the words of the English writer, George Eliot, who tells us that:

Blessed is the man who, having nothing to say, abstains from giving wordy evidence of the fact.

But that is said on a lighter note. I think the political point that members wanted to make has been made. They haven’t necessarily scored those points. We hope that our team will have greater success in scoring them! I have heard. But on a serious note, I think we should refrain from making the important issues of justice, our constitutional democracy and the fight against crime something that is the subject of cheap politicking.

Overall, the debate has been conducted in a good atmosphere and in a constructive manner. We thank all members for that, and we thank you for your support for the budget. I thank you. [Applause.]

The DEPUTY MINISTER OF CORRECTIONAL SERVICES: Chairperson and hon members, I have an instruction from the officials in our department. They said I should start by emphasising that the Department of Correctional Services is ready for the 2010 World Cup. [Applause.] Basically, this means that our facilities are ready for those members who would step out of line! [Interjections.]

Mr W F FABER: Chairperson, on a point of order: I just wanted to know if the Deputy Minister would be able to take a question on the fact that Correctional Services is ready for the World Cup.

The DEPUTY MINISTER OF CORRECTIONAL SERVICES: Hon member, I will not take a question.

The HOUSE CHAIRPERSON (Ms N W Magadla): She said no.

Mr W F FABER: Okay, that means they are obviously not ready. [Laughter.]

The DEPUTY MINISTER OF CORRECTIONAL SERVICES: Let me start by thanking hon members for the very important issues raised today. For some of the issues, we will make it a point that we give written responses as a follow-up.

Starting with the hon Mofokeng, the question of rehabilitation of offenders is very important. It is the core of our work. As the department, we fully accept that responsibility, and the seriousness that goes with it. We are fully aware that we have a responsibility to ensure that when people come to our centres, we give them an opportunity ukuthi baqale kabusha [… to start afresh].

One of our centres in Mpangeni in KwaZulu-Natal is even called, “Qalakabusha”. For us that is the core of our responsibility. In my speech, I did mention that we have realised that we are dealing with deep-rooted, complex social problems that the new dispensation inherited. Its legacy is still with us. Therefore, I fully endorse and agree with members on the responsibilities and the pressure they are putting on us in this respect.

On the question of young offenders, I would like to remind members about the Child Justice Act, which came into effect on 1 April 2010. It creates a new opportunity for children in conflict with the law to be treated differently, as seen against what was the case in the past. For instance, this Act makes the incarceration of a child in a correctional facility a last resort.

Children in conflict with the law should be diverted to child justice centres where they will undergo a rehabilitation programme. In other words, they are prevented from finally coming into conflict with hardened criminals. Of course, we are going to continue our effort within the cluster to ensure that the spirit of the Act is implemented.

Hon Bekker raised the question of implementation, which seemed to be a challenge. He also raised the question of rehabilitation. As I have already indicated, we are concurring with that. When coming to implementation, I would also like members to appreciate the dilemma that we are facing. We have inherited a system which was not meant for what we are doing today. As you all know, Correctional Services was highly militarised.

The emphasis was not on rehabilitation. We rely on our officials and our systems to carry out the new mandate. It is a battle and a struggle. We are committed and working hard. Again, I would say that it is one area where you can see that the past is still with us. On the question of rehabilitation, I fully agree that we need every support to overcome this battle, speedily and as soon as possible.

Hon Bekker, on the question of gangs, as a department we are working on a strategy. Firstly, I should admit that it is of great concern to us and that we are fully aware of the risks built into that practice, especially when looking at the high percentage of young offenders. Of course, our policy and strategy is to limit contact. They are separated in different units. We know that with modern technology it is something with regard to which we should be vigilant, and which we should guard against.

On a daily basis, on admission, offenders are warned against gang involvement where necessary. Separate gang leaders are taken out of the province or region, so that they cannot have much contact with those from the community. We don’t hesitate to incarcerate gang leaders in maximum centres, even transferring them to places like Mangaung and Kokstad. We also work very closely with security agents who are much more competent and skilled in dealing with gangs. Before a gang-associated person is released, we alert the SAPS, our partner within the cluster.

There was also the question about the consultants. I think it was raised by the hon Makhubela. I must say that the leaking of a preliminary report of the Auditor-General on the management of contracts must be condemned in the strongest possible terms. The Auditor-General’s report that was wrongly published was a preliminary one to which management had responded.

We are going to receive a final report within a week, which is expected to be substantially different. We did note that it was a concern, but we are going to give an informed response after receiving the final report, which will have the input of the department.

There was also a question on overcrowding. I think it was raised by the hon Gunda. Overcrowding is an international problem. Generally, there is a trend worldwide that one picks up that the prison capacity tends to exceed the approved limits. But I just wanted to ensure hon members that we are working very hard within the cluster, looking at alternative diversions.

Concerning young people, the Department of Social Development is at an advanced stage in terms of securing centres for them. Within our cluster, there is generally an understanding that as other clusters take their rightful place, we as Correctional Services, because we are at the receiving end, would be likely to have benefits that are going to ease overcrowding.

On the question of awaiting-trial detainees, who tend to add to our existing problem, as I have indicated, our department was mandated to work on the remand detention centres. We are at an advanced stage. Very soon there will be a White Paper which is going to deal with quite a number of issues. We are hoping that that will help in addressing the question of overcrowding as well, since awaiting-trial detainees will be dealt with speedily and efficiently.

According to the hon Gunda, there was a 70% chance of almost saying that those people were likely to come out having not been rehabilitated. I am not sure about that percentage. I don’t know where the hon member got it from. It doesn’t sound in line with our statistics. I think on this one, again, it would be good for us to look carefully at the rate of recidivism and give feedback to hon members, so that they can monitor how well we are doing.

On the question of vacancies, the department has lifted the moratorium on the filling of strategic positions and scarce skills categories. In due course we are going to advertise to fill 414 positions across the board from June this year. We are planning to reduce personnel expenditure from 69% to 63%. That would essentially reduce the vacancies substantially. We are going to keep the House informed of the progress made on this issue.

On qualified audit reports, I must say that the appointment of the highly qualified chief financial officer will help us in coming up with a realistic budget model and expenditure patterns and in being able to adhere to general accounting procedures. Of course, the value of the appointment of the national commissioner cannot be underestimated as he is likely going to provide leadership.

At this point I would like to thank my colleague, the Deputy Minister of Justice and Constitutional Development, the Chairperson and all members who participated in the debate. As the department, we found the debate extremely helpful. I thank you. [Applause.]

Debate concluded.

The Council adjourned at 17:21. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

ANNOUNCEMENTS

National Council of Provinces

The Chairperson

1. Message from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council

(1)    Bill passed by National Assembly and transmitted for concurrence
     on 26 May 2010:


     (a)      Appropriation Bill [B 3 – 2010] (National Assembly – sec
         77).


         The Bill has been referred to the Select Committee on
         Appropriations of the National Council of Provinces.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

(a)     2009  Tax  Statistics  -  Joint  publication  of  the  National
    Treasury and the South African Revenue Service.

1. The Speaker and the Chairperson

CREDA INSERT - T100526e-insert1 – PAGES 1668 - 1712

COMMITTEE REPORTS

National Council of Provinces

1. Report of the Select Committee on Security and Constitutional Development on Proclamations made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004), dated 26 May 2010

The Select Committee on Security and Constitutional Development received a briefing on the Proclamations made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004) as tabled in the following gazettes:

Gazette No. 31017 dated 7 May 2008. Gazette No. 31034 dated 9 May 2008. Gazette No.31136 dated 10 June 2008. Gazette No.31179 dated 25 June 2008. Gazette No.31039 dated 8 August 2008. Gazette No.31416 dated 12 September 2008. Gazette No.31748 dated 30 December 2008. Gazette No.31834 dated 4 February 2009. Gazette No.31835 dated 3 February 2009. Gazette No.32035 dated 23 March 2009. Gazette No.32183 dated 30 April 2009. Gazette No.32384 dated 8 July 2009. Gazette No.32573 dated 16 September 2009. Gazette No.32682 dated 5 November 2009. Gazette No.32824 dated 18 December 2009.

The Select Committee on Security and Constitutional Development reports that it has concluded its deliberations on the Proclamations made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004) and recommends that the National Council of Provinces approve said Proclamations.

Report to be considered

1. Report of the Select Committee on Security and Constitutional Development on the Provisional Suspension from Office of Magistrate of Mr D Jacobs, a Magistrate at Clocolan, Free State, dated 26 May 2010

Introduction

The Select Committee on Security and Constitutional Development having considered the report on the provisional suspension of Mr D Jacobs from the office of Magistrate, 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 D Jacobs on 19 May 2010.

2. An investigation instituted by the Ethics Division confirms that Mr Jacobs suffers from severe alcohol dependency resulting in him not adhering to office hours, absenting himself from office without leave or valid cause and being intoxicated on the bench to such an extent that he is unable to perform his judicial functions effectively and efficiently.

3. The Chief Magistrate, Bloemfontein, did everything to assist Mr Jacobs. He has been sent twice to a rehabilitation centre, but relapsed after the first process and defaulted during the second process.

4. Discussions between Mr Jacobs and two Judicial Quality Assurance Magistrates from the Magistrates Commission on 25 November 2009 and a subsequent visit to his office on 13 January 2010 yielded no positive changes in his behaviour.

5. On 13 January 2010 the Ethics Committee of the Magistrates Commission requested Mr Jacobs to show cause why the Commission should not recommend that he be provisionally suspended from duty pending an investigation into his fitness to hold the office of Magistrate. At its meeting held on 25 February 2010 the Commission considered Mr Jacobs’ response and recommended that Mr Jacobs be provisionally suspended from office in terms of section 13(3)(a) of the Magistrates Act, 1993.

6. The Magistrates Commission considered the following matters:

 a. The Commission is of the view that the existing evidence against Mr
    Jacobs 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.
 b. Mr Jacobs has been admitted twice for rehabilitation.
 c. He was during the past 3-5 years advised on many occasions by his
    colleagues to seek professional help.
 d. Discussions held with him as recently as January 2010 appeared not
    to yield any results.
 e. In disciplinary matters of a similar nature, the Commission
    resolved to recommend that the magistrate be provisionally
    suspended from office.
 f. The existing evidence against Mr Jacobs 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.
 g. He is at present an embarrassment to the Judiciary, especially at
    Clocolan. A temporary placement at another office, as proposed by
    him, would not address the problem either.

1. The Select Committee raised the following concerns:

 a. Mr Jacobs’ behaviour was apparent for a number of years and  it  is
    an indictment  on  the  Magistrates  Commission  that  the  problem
    persisted for more than 4 years to Mr Jacobs detriment, and that of
    the Magistrates Offices in Clocolan.
 b. The Magistrates Commission is requested  to  review  the  judgments
    rendered by Mr Jacobs during the period of his illness to determine
    the validity of the judgments rendered.
 c. The Select Committee requests a report on  this  process  within  6
    months after the adoption of this report by the National Council of
    Provinces.

Committee recommendation

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

Report to be considered.

1. Report of the Select Committee on Security and Constitutional Development on Budget Vote 20 of the Department of Correctional Services for 2010/11, dated 26 May 2010

The Select Committee on Security and Constitutional Development having considered Budget Vote 20: Department of Correctional Services, reports that it has concluded its deliberations thereon.

Report to be considered.