TUESDAY, 17 AUGUST 2010 __

          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
                                ____

The Council met at 14:02.

The Deputy Chairperson (Ms T C Memela) took the Chair and requested members to observe a moment of silence for prayers or meditation.

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

                          NOTICES OF MOTION

Mr A WATSON: Madam Chair, I hereby give notice that on the next sitting day of the Council I shall move:

That the Council —

  1) notes that on Sunday, 15 August 2010 there was a historic step in
     the realignment of South African politics, when a political
     memorandum of understanding was signed between the Independent
     Democrats and the DA to come together and fight elections under the
     DA’s banner;


  2) further notes that this memorandum of the DA and the ID heralds the
     beginning of a new phase in South Africa’s journey away from the
     politics of racial identity, towards the politics of shared values,
     which will form the bedrock of the new majority we are building in
     South Africa;


  3) recognises that the political contest in South Africa is now
     between the values of openness and opportunities for all, envisaged
     in the Constitution, versus the ANC’s drive to close down the
     democratic space and limit opportunities to the politically
     connected few;


  4) acknowledges that more and more South Africans are discovering this
     every day and in 2011 they will express this at the ballot box,
     which will result in a greater number of municipalities falling
     under the control of the DA; and

  5) looks forward to making the South African dream, of one nation
     united under the Constitution, a reality for all who live in it.

The CHIEF WHIP OF THE COUNCIL: Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move:

That the Council —

  1) notes the desperate attempts of the DA to gobble up smaller parties
     by sneaking in the abolished floor-crossing legislation;

  2) acknowledges that this unholy marriage is a clear sign of a frantic
     party that is scrambling for anything to remain in power in the
     Western Cape;


  3) further acknowledges that the ANC remains the only party that
     represents the aspirations of millions of South Africans who are
     poor and who have been victims of colonial and apartheid rule; and

  4) takes this opportunity to call on the people of South Africa,
     particularly those in the Western Cape, to be aware that this is a
     party that failed to appoint a single African leader in its
     leadership and, despite being led by a woman, has failed to elect a
     single woman in the provincial government of the Western Cape and
     has leaders who still believe that the place for a woman is in the
     kitchen.

Mr Z MLENZANA: Madam Chair, I hereby give notice that on the next sitting day of the Council I shall move on behalf of Cope:

That the Council —

  1) debates the efforts by the current Minister of Human Settlements to
     eradicate corruption in housing contracts, which has been allowed
     to take root over the last 16 years, affecting the delivery of the
     quantity of houses as well as their quality;


  2) notes that the vigorous determination of the present Minister has
     led to 1 290 individuals or companies being prosecuted as a result
     of 10 000 projects being assessed; and

  3) calls on the government to assess all contracts and procurements
     over the last five years, in order to fight corruption across a
     wide front so that the success achieved by the Minister of Human
     Settlements can be extended to all departments.

Mr S H PLAATJIE: Chair, I hereby give notice that on the next sitting day of the Council I shall move on behalf of Cope:

That the Council —

1) debates the threats made by the SACP to Premier Modiselle and her government that the SACP would immediately withdraw its members from that government and take other action if the MEC for Sport, Arts and Culture, namely Grace Bothman, was not immediately reinstated; 2) notes that the alliance has indeed reached a breaking point, making it impossible for the present ANC administration to govern with authority and integrity; and

3) calls on government to resist being openly blackmailed in this way as any weakness on its part in this regard will render South Africa totally ungovernable.

Mr K A SINCLAIR: Hon Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of Cope:

That the Council —

  1) debates whether the mineral rights that are awarded by the
     Department of Mineral Resources, DMR, become immediately tradable
     and transferable in the hands of the awardee and can therefore be
     made over to the highest bidder, as happened with Imperial Crown
     Trading;

  2) notes that to all intents and purposes the DMR does not require any
     applicant to prove that it has the capacity to undertake the kind
     of mining linked to the rights but that “political links to key
     centres of political power” appears to be the sole criterion used
     by the DMR; and

  3) calls on government to explain to the unions, investors and the
     people of South Africa whether the nationalisation of the mines has
     already begun by stealth and furthermore to clarify its policy of
     limiting beneficiaries to those who have “political links to key
     centres of political power” as is evident in this and other cases.

Mr M W MAKHUBELA: Thanks, Chairperson. I hereby give notice that on the next sitting day of the Council I shall move on behalf of Cope:

That the Council —

1) debates whether the government has proactively anticipated the arrival of measles, given that measles has spread from Malawi to Zimbabwe and is widespread in both countries;

2) notes that complications with measles are generally common and these are diarrhoea, pneumonia, encephalitis and corneal ulceration; and

3) calls on government to act at once to begin large-scale immunisation to protect South African citizens from what Malawians have already gone through.

The CHIEF WHIP OF THE COUNCIL: Can I make an amendment, Deputy Chair? The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Ntwanambi, I will allow you to do that, but please behave.

The CHIEF WHIP OF THE COUNCIL: Deputy Chair, can I make an amendment because the last part of the statement seems to be so Afrophobic as it accuses Malawians of the spread of measles.

               DISMISSAL OF MESSRS ABBASS AND CAMPHER

                         (Draft Resolution)

Mr D V BLOEM: Deputy Chair, I move without notice:

That the Council –

  1) notes that two former employees of Parliament, Messrs Abbass and
     Campher, were dismissed when they stood as candidates in the 2006
     local government elections;

  2) further notes that the SA Human Rights Commission, SAHRC reported
     on 21 May 2010 that the dismissals were unconstitutional;

  3) recognises that our political freedom was achieved at a high cost
     through the contributions of Madiba and many other freedom fighters
     and as we celebrate this legacy of our father Madiba, let us make
     every day a memorable one;

  4) therefore moves that Parliament should —

      a) reinstate and reimburse them for their loss of income;


       b) address the lack of opportunity and professional development
          suffered by them;

       c) provide redress for the violation of their human rights and
          the losses suffered; and

       d) apologise to these two patriotic South Africans for violating
          their human rights.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Is there any objection to the motion? [Interjections.] Hon Bloem, I can’t even proceed now because I am listening to you.

Mr D V BLOEM: I apologise, Deputy Chair.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): So, there was an objection to the motion. In light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion. CONGRATULATIONS TO SHARKS RUGBY TEAM

                         (Draft Resolution)

Mr R A LEES: Hon Deputy Chairperson, on behalf of the DA I move without notice:

That the Council –

  1) notes the excellent play of the Sharks rugby team on 13 August
     2010, when they gave the Leopards a 51-6 hiding and on 7 August
     2010, when they trounced the Lions 48 to 19; and


  2) therefore congratulates John Smit and his team for outstanding
     performances and expresses its confidence in their bringing the
     Currie Cup home to the Shark tank.

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

                  NATIONAL WOMEN’S DAY CELEBRATION

                         (Draft Resolution)

Ms D Z RANTHO: Deputy Chairperson, I move without notice:

That the Council –
  1) notes that our nation celebrated National Women’s Day on 9 August
     2010;


  2) acknowledges that this day is intended to pay tribute to countless
     sung and unsung heroines of our struggle for their contribution in
     the liberation of our country;


  3) takes this opportunity to pay tribute to all the women of South
     Africa and all those who laid down their lives for the liberation
     of our nation, including uMama uLilian Ngoyi, uMama uHelen Joseph,
     uMama uRahima Moosa and all those who still live to fight for the
     liberation of women in our country, including stalwarts and
     veterans such as uMama uSophia Williams-De Bruyn; and

  4) further takes this opportunity to wish the women of South Africa a
     happy and progressive Women’s Month.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Bloem! Please! Please!

Mr D V BLOEM: No, Deputy Chairperson, I want to put the record straight. It was not me; it was Nesi. Honestly, I respect you, Deputy Chairperson; it was him. [Interjections.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): I am not going to argue with you. Sit down.

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

          DEVEN PILLAY ORDERED TO APOLOGISE AND PAY DAMAGES

                         (Draft Resolution)

Ms B P MABE: Chairperson, I move without notice:

That the Council –

  1) notes that a wealthy businessman, Mr Deven Pillay, who painted the
     words “I am a monkey” on the chest of an African child attending
     his daughter’s birthday party, was ordered to unconditionally
     apologise and pay R15 000 in damages to the child’s father;


  2) further notes the presiding magistrate of Durban’s Equality Court,
     Adv John Sander, ruled that the discrimination suffered by the
     child and his father “strikes at their human dignity and the
     heartbeat of our democracy and our Constitution”; and

  3) takes this opportunity to condemn in the strongest possible terms
     Mr Pillay’s crass racist act and the insulting behaviour directed
     at the child.

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

         POLLUTION OF CROCODILE RIVER AND HARTBEESPOORT DAM

                         (Draft Resolution)

Mr H B GROENEWALD: Chairperson, on behalf of the DA I move without notice:

That the Council –

  1) notes with disgrace how rivers in the North West province are being
     polluted by raw sewerage running into the Crocodile River and the
     Hartbeespoort Dam;


  2) further notes that this polluted water affects the health of human
     beings as well as the growth of many different fruits and
     vegetables along the Crocodile River; and

  3) therefore calls for a serious investigation and quick reaction from
     government to avoid illness of people in these areas. Motion agreed to in accordance with section 65 of the Constitution.

                   WORST PROVINCE IN SOUTH AFRICA

                         (Draft Resolution)

Mr D A WORTH: Deputy Chairperson, I move without notice:

That the Council –

  1) notes that, following the Auditor-General’s consolidated report on
     municipalities in the various provinces, the Free State province,
     followed by the Northern Cape, was the worst province in South
     Africa, with 18 municipalities receiving either disclaimers,
     adverse or qualified reports; and


  2) further notes that this state of affairs is shocking, to say the
     least, and trusts that the voters of the Free State province will
     take note and elect honest and responsible councillors and a good
     administration in next year’s local government elections

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Any objection? Hon Mabe, is it an objection?

Ms B P MABE: Yes, Deputy Chairperson. The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): In light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion.

              KILLING OF ILLEGAL MINERS AT AURORA MINE

                         (Draft Resolution)

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

That the Council –


  1) notes the senseless and heartless killing of illegal miners at the
     Aurora Mine at Ekurhuleni on Monday, 9 August 2010;


  2) takes this opportunity to condemn in the strongest terms this
     utterly barbaric display of disregard for human life; and

  3) appeals to our law enforcement agencies to investigate this matter
     with the urgency it deserves and ensure that the perpetrators of
     this brutality are brought to book.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Is there any objection to the motion?

Mr Z MLENZANA: Deputy Chairperson, I stand to object. The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): In light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion.

NATIONAL WOMEN’S DAY: WORKING TOGETHER FOR EQUAL OPPORTUNITIES AND PROGRESS FOR ALL WOMEN

                      (Subject for Discussion)

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): The first speaker will be hon Minister Mayende-Sibiya. [Applause.] May I ask permission from the House to let her speak from where she is seated? Is that acceptable?

HON MEMBERS: Yes!

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Thank you.

The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES: Deputy Chairperson and hon members of the House, I am once again very honoured to be addressing and participating in this debate of the NCOP, which has allocated time for a debate on Women’s Month, under the theme: “Working together for equal opportunities and progress for all women”. This session takes forward the process of engagement that has been happening in various provinces, looking at the progress we have made as a country in improving the status of women and working towards a truly nonsexist South Africa.

Over the past 16 years, we have seen our country taking major steps aimed at improving the status of women in socioeconomic, political and cultural spheres of life. Representation of women in the legislature increased from 25% after the first democratic elections in 1994 to 44% after the April 2009 elections. South Africa proudly stands at number three amongst the countries of the world with the highest number of women in Parliament. The number of women members of Cabinet, Ministers and Deputy Ministers, increased from 18% in 1994 to 40% after the 2009 general election.

The ruling party, the ANC, adopted the principle of 50-50 gender parity at its last national conference in Polokwane in 2007. The Ministry of Women, Children and People with Disabilities is taking action to ensure that this resolution, which is also in line with the SADC Protocol on Gender and Development, is realised.

We are currently developing the Gender Equality Bill, which is going to serve as an overarching Act to ensure gender equity throughout our society. We have to ensure full participation by women in all spheres of life. It should encourage the culture of gender equality throughout our society. It will strengthen the legislative basis for promoting gender equality and seek to reduce gender-based discrimination in all areas of life in South Africa. Such a Bill will be a major tribute to the pioneers of our struggle for gender equality and democracy in our country. These are the courageous women whom we remember this month. On 9 August 1956, these 20 000 women, carrying 100 000 petitions, descended on the Union Buildings, the seat of the then mighty apartheid government. These women protested against the inhumane act of having to carry passes in the urban areas, something their white sisters did not have to do.

They delivered the petitions to the office of J G Strijdom. Women throughout the country had put their names on these petitions, indicating their anger and frustration at having their freedom of movement restricted. These women of South Africa sent a strong message that they would not be intimidated and silenced by the unjust laws of the time.

Fifty-four years later, the famous women’s march phrase, “You strike a woman, you strike a rock; uzokufa, Strijdom; wathint’ abafazi!” … [You will die, Strijdom; you strike women!” …]

HON MEMBERS: Wathint’ imbokodo! [You strike a rock.]

The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES: … has come to represent women’s courage and strength in South Africa. As a group that had been marginalised, women rose to question the barrier and fought for their emancipation and freedom for all. Since 1994, this day has been commemorated every year to recognise and recall the bravery of these women who risked arrest, banishment, forced exile and even death, to have their voices heard. This day on our country’s calendar serves to remind us that we need to review the path we have travelled and find solutions for the challenges facing us now. Like our mothers did in 1956, we, the women of South Africa, must today continue the struggle against a system of patriarchy and sexist stereotypes, the underlying factors that hinder progress towards gender equality and perpetuate gender-based violence.

Our country can show many gains and achievements in promoting women’s rights and advancing gender equality. However, many challenges persist and need to be overcome if we are to achieve a truly democratic and nonsexist state. The key issues include the intensification of poverty eradication, rural development, economic empowerment of women, and an effective response to the major challenge of violence against women and girls.

Our programme for this month is a dynamic one. It seeks to reach women of different social backgrounds in their localities. We are taking an approach of reaching out to women in rural and urban areas - employed and unemployed, rich and poor - seeking to address the various ways in which patriarchy affects their lives and limits their development.

We have met with young women from universities to discuss issues of education and the critical role they have to play in transforming the gender demographics of our economy through the careers that they choose. We gathered with women from various churches and prayed together for a society free of all forms of abuse of women and children. On the historic day of 9 August, we gathered with thousands of women in East London, where we received a visionary address by the President.

We also saw many activities around the country celebrating this day in August. We have met with influential women in the private sector to discuss issues of the glass ceiling put on women and engaged with working-class women through the Women’s Day event organised by Cosatu last Sunday. We have debated issues affecting women in the National Assembly and in provincial legislatures. I had the honour of participating in a debate a week ago in Mpumalanga. Today we are debating this issue in this august House of the NCOP.

We are also paying attention to the particular challenges faced by women with disabilities. On 27 August, we will pay special tribute to women with disabilities who have made significant progress in their chosen fields of work. We hope that this event will serve as an encouragement to other women who are faced with the double challenges of gender inequality and various limitations that our society still places on people with disabilities.

The outcome of all these activities should inform the strategic approach we take in addressing the various challenges facing women in our country. We will be reflecting on all our engagements at the closing event for Women’s Month, which is being planned to take place in Limpopo, and at the national gender conference scheduled for October this year.

All of these discussions should culminate in a clear programme of action that enables all of us to respond to the many challenges facing women in all provinces. That programme of action should also guide our endeavours to ensure that South Africa makes significant progress towards the attainment of commitments such as the Beijing Declaration and the Millennium Development Goals that come under review at the United Nations, UN, next month.

A lot of effort has gone into ensuring full participation by all sectors in this year’s Women’s Month celebrations. We are, indeed, satisfied that this month is becoming a period when all of us as South Africans reflect on advances made and recommit ourselves to address the many challenges on our path to creating a truly nonsexist and democratic society.

Let us work together for equal opportunities and progress for all women. Let us make the period from 2010 to 2020 a truly prosperous decade for all African women on the African continent. I thank you. [Applause.] The HOUSE CHAIRPERSON (Mrs N W Magadla): Hon Deputy Chairperson, hon Minister Mayende-Sibiya, hon members, referring to the theme that the Minister has alluded to, I think it is a fitting theme as we mark the 54th anniversary of the commemoration and celebration of the women’s antipass march to the Union Buildings on 9 August 1956. This historic march led to 9 August being declared National Women’s Day after 1994. Women’s Day is a celebration of the struggles of women for a nonracial, nonsexist and democratic South Africa.

The sacrifices made by women over the years, in fact, for decades or centuries, provide the way forward on how we should be dealing with issues of women empowerment in our democratic order. Women have stood up to say: “Nothing about women without women”. However, often we find that there are still tendencies to delay the advances made by the democratic movement in recognising the rights of women as equal citizens in our democracy.

Today, women are involved in a different terrain of the struggle. While their rights to participate in decision-making are entrenched, they are still the worst affected when it comes to poverty, diseases, violence and other social ills. As a result, the girl-child is the most vulnerable in society. This is indeed a concern because, in this way, the challenges that the mothers faced and are still facing are being visited upon the girl- child. This threatens to delay the struggle for the total emancipation of women.

At the centre of the challenges facing the girl-child is education. This is one of the reasons that education remains one of the key priorities of the ANC. To facilitate the emancipation of women, we must make sure that we reduce illiteracy levels amongst women so that they are able to partake in opportunities being made available under our democratic government. Without education, women will continue to rely on others for their own survival and development. They will continue to be subjects of abuse.

NgesiNtu sithi: Ukufundis’ umfazi kuluncedo kwisizwe siphela, kuba abafazi banendlela yabo abazijonga ngayo izinto eziza nenkqubela. Banemfobe yendalo kuba badalelwe ukuncancisa isizwe. (Translation of isiXhosa paragraph follows.)

[In isiXhosa we say: To educate a woman is helpful to the whole nation, because women have their unique way of looking at things that bring about progress. They have natural compassion because they have been created to nurture the nation.]

Education for women is, therefore, very important, and it must be used as a tool to address the social inequalities resulting from apartheid laws and policies. It is our responsibility to also ensure that women are taught about their rights as enshrined in the Constitution and other legislation.

So far, we are proud that South Africa has done very well in expanding the access of women to education at all levels of the system. In higher education, women are a majority, but they are not a significant presence in science and engineering. Education and training must meet the economic, social, cultural and political needs of women in South Africa.

Government has made important interventions towards empowering women on other fronts. Some examples of government’s strides towards women empowerment include, amongst others, the establishment of the Ministry for Women, Children and People with Disabilities, which consolidates our programme to continue the development of women in our country; the Women’s Empowerment Fund and the Employment Equity Act, which continue to ensure appointment of and support for women in top leadership positions in government and the private sector; economic empowerment programmes for women; and initiatives by the Department of Trade and Industry in areas such as access to formal finance. There are many other areas of intervention, some of which the Minister has already referred to.

Hon members, remember that it is us, the public representatives and women leaders, who carry the hopes of vulnerable women and children, especially those in rural areas. We have to give them hope that indeed they have a future in the South African democratic order.

We are proud of the fact that today, as a result of the struggle that the masses of our people waged — including women — our country’s Constitution includes the objective of the transformation of our society into a nonsexist society. This constitutional provision means that our country as a whole, including the government, has an obligation to ensure that this objective is realised.

It is an undeniable fact that women’s access to political influence and to decision-making in Parliament has improved significantly since the country’s first democratic elections in 1994. However, this is not enough since equality, logically, means 50-50. This significant desire to improve women representation was further entrenched in Polokwane, where the ruling party resolved that we needed to gear ourselves up to meet the new target of 50-50 representation.

Deputy Chairperson, may I take this opportunity to congratulate women of this House, Wendy Makgate and Elizabeth van Lingen, for their work and for reaffirming the 50-50 policy of representation even when they were abroad. That is good progress. This achievement reflects true empowerment of women across all races and class barriers, particularly black women. However, we need to ensure that this intended target is realised through, among other things, capacitating women meaningfully.

With regard to provincial progress and achievements, the Gauteng provincial government has launched 200 women-only co-operative schemes across the province since 9 August. Furthermore, in Gauteng, private and public sectors will support the Take a Girl-Child to Work initiative on 19 August.

The Office of the Premier of KwaZulu-Natal — my province — continues to co- ordinate the promotion of human rights empowerment, the protection of women committed to social programmes, and the development of women and other vulnerable groups. In the Eastern Cape, the department of agriculture and rural development has honoured the women of the Eastern Cape who have worked tirelessly to ensure that they participate in economic development, food security and job creation in the province.

In the North West, housing delivery received a major boost as the National Women Build 2010 was launched on 30 July. Therefore, the North West province will construct 1 956 houses by the end of August. The 54 units will mark the 54th anniversary of the Women’s Month. Malibongwe! [Let it be praised!] [Applause.]

Mrs S S CHEN: Hon Deputy Chairperson, hon Minister, my hon colleagues, all distinguished guests, ladies and gentleman, our topic today is: “Working together for equal opportunities and progress for all women”. I must be honest and admit to you today that I was surprised but not too excited to have been asked to make this speech.

I have not been a strong proponent of the women’s movement simply because I did not believe in being treated differently just because I am a woman. I believed, rather, that a person should progress according to merit and ability. Personal opinions aside, however, I also cannot turn a blind eye to the reality that is still around us, even after all the progress women have already made towards equal opportunity.

I will always remember how my own mother was never allowed to sit and eat with us at the dining table; how she always had to keep quiet and be submissive at any family gathering; and how she never had the opportunity to pursue an education and, as a result, had to raise her three children doing hard labour and manual work. Despite all the adversity my mother had to go through as a woman, she never made us feel inferior as daughters, or that we were not worth the stuff dreams were made of. That is why I found the strength to always strive for more and reach higher, rather than feeling like all women are born to suffer. My mother’s struggles made me realise that anything is possible if you put your mind to it.

It is undeniable that women have become invaluable assets in the economy as they bring different qualities to any organisation. Traditionally being carers and keepers, women possess a deep understanding and empathy for others, have good communication and multitasking skills, are inclusive leaders who are open to suggestions, and are skilled at resolving conflict and handling stress.

Although women have made headway in entering the economy, the scale is still vastly unbalanced with most economic sectors still dominated by men. At grass-roots level, even more inequality against women continues to exist. In many parts of the world, including South Africa, women, especially those in rural areas, are still being deprived of an education and opportunities of employment. Worse still, they are not even aware that they have rights and choices about their lives.

Startling statistics from the SA Institute of Race Relations indicate that more than 72 000 girls aged between 13 and 19 did not attend school in 2009 because they were pregnant. Something is very wrong with our country if we are encouraging girls as young as 13 to become mothers.

Let this year’s Women’s Day not be just another public holiday, but one that makes a difference. Let us actively do something to change our current situation. My colleagues in the National Assembly have raised a number of ideas.

In conclusion, I want to echo my leader, Helen Zille, when she said that parents have two most important jobs to do: to raise sons who value women, their choices and their capabilities, and to raise daughters with a belief in the validity of their voice and in themselves. Parents, therefore, need to be informed and educated about individual rights and responsibilities, for both children as well as adults.

We need a culture that values education and respects equality, and to instil this in our future generations. We will then ensure that our children, both girls who become women and boys who become men, have access to, receive, and go on to complete a quality education. This will be the foundation of open opportunity for all. Equal opportunity and progress for women also means equal opportunity and progress for all. This is not only the responsibility of women, but the responsibility of society as a whole. I thank you. [Applause.]

Ms A ROSSOUW (Western Cape): Hon Deputy Chairperson, hon Minister, I thank you for the opportunity to participate in this debate today. Life is about opportunities. Opportunities arise in life for every person to utilise or make use of. There are no glass ceilings for women. In the South African Constitution, women and men are regarded as equal. It is then up to you and me to ensure that opportunities are grabbed with both hands. We need to enable and prepare our women to make choices that will enable them to realise when and where in their lives there is an opportunity to take advantage of. The Bill of Rights in section 9(1) of the Constitution states:

Everyone is equal before the law and has the right to equal protection and benefit of the law.

Furthermore, section 10 of the Constitution states:

Everyone has inherent dignity and the right to have their dignity respected and protected.

Die Grondwet bemagtig op papier, maar wat gebeur in die werklikheid? Watter ondersteuningsmeganismes word van die regering se kant af gedoen om werklik ons vroue te bemagtig en diskriminasie, wat steeds bestaan, teen te staan? (Translation of Afrikaans paragraph follows.)

[The Constitution may be empowering on paper, but what happens in reality? What support mechanisms does the government have in place to really empower our women and to oppose discrimination when it occurs?]

The questions we have to ask today are: What do we, as government in all spheres, do to promote the equality defined in the Bill of Rights? What do we do about the Millennium Development Goals set out by the UN?

Hierdie doelwitte is die volgende: om uitermatige armoede en honger uit te skakel; om primêre onderwys vir almal verpligtend te maak; om geslagsgelykheid en bemagtiging van vroue te bevorder; om die gesondheid van vroue te bevorder; om kindersterftes te verminder; om HIV/Vigs, malaria en ander voorkombare siektes te bekamp; om seker te maak dat die omgewing die nodige ondersteuning kan bied om die verlies aan natuurlike hulpbronne, wat so noodsaaklik is vir oorlewing, teen te werk; en om ’n wêreldwye vennootskap te stig vir die ontwikkeling van ’n oop finansiële stelsel. (Translation of Afrikaans paragraph follows.)

[These goals are as follows: to eradicate extreme poverty and hunger; to make primary education compulsory for all to promote gender equality and empower women; to promote the health of women; to reduce the child mortality rate; to combat HIV/Aids, malaria and other preventable diseases; to ensure that the environment provides enough support to counter the loss of natural resources that are so essential for survival and to establish a worldwide partnership for the development of an open financial system.]

Where do we stand today in relation to these goals? If these issues are not addressed, we in government fail the women of South Africa.

The UN Deputy Secretary-General, Asha-Rose Migiro, called for greater investment to ensure the health and wellbeing of women. She stressed that healthy women can lead to better families and societies and can help achieve the globally agreed development targets for 2015. She said:

We need to tell people that it pays to invest in women — that investing in the health and rights of women triggers greater progress for all. We must meet our obligations to the world’s women and children … Healthy women are the answer to solving many of the world’s complex and pressing problems: poverty, hunger, disease, and political instability. Healthy women are the foundation upon which all of the Millennium Development Goals stand.

Through violence, women are taught to know their place and not to put themselves first.

Hoe dan kan ons ooit verwag dat dié vroue sal ontwikkel om leiers in die samelewing te word? Hoe kan sy uit haar groef wegbreek en genoeg geloof in haarself opbou, om haarself te bevorder en om nuwe geleenthede aan te gryp?

Daar is beslis ’n direkte verband tussen Suid-Afrika se grootste knelpunte en die grootskaalse verbrokkeling van huwelike en gesinne in ons land. Slegs een derde van ons kinders word groot in ’n normale gesin van twee biologiese ouers.

Krisisse soos gesinsgeweld, armoede en swak skoolprestasie is daarom nie die grootste probleme in ons land nie; veel eerder die skrikwekkende gevolg van die verbrokkeling van die gesin in Suid—Afrika.

Die groot trek van die vrou vanaf die huis na die werksplek het talle voordele meegebring, maar het ongelukkig ook negatief op gesinne en kinders begin inwerk. Die stootfaktor is die stygende lewenskoste, en die trekfaktor is dat daar soveel meer geleenthede vir vroue is om hulself in die beroepswêreld te bewys.

Die oplossing lê nie daarin om die vrou weer huis toe te stuur nie. Die probleem is eerder dat die samelewing nie genoeg aangepas het om die werks- en lewenswyse te hanteer nie. Die ekonomie plaas ’n ongelooflike druk op die vrou om ’n vierdubbele rol te speel. Sy moet vroulief wees, huisvrou wees, sy moet ma wees én sy moet voltydse werker wees. Dan moet sy dit alles balanseer.

Kan ons te alle tye met alle sekerheid sê dat ons genoeg gedoen het vir ons plattelandse vroue en dogters deur, onder andere, ons skole en ons klinieke te besoek? Is ons publieke vervoerstelsel van so ’n aard dat dit vir haar maklik is om die skool, die kliniek of selfs haar werkplek te bereik? Dit is van die faktore wat daartoe bydra dat veral ons plattelandse dogters en vroue dikwels toegang tot basiese onderwys ontsê word, en dus ook die geleentheid om ’n aktiewe rol in die ekonomiese wêreld te speel. (Translation of Afrikaans paragraphs follows.)

[How then can we ever expect these women to develop into leaders in society? How can she break free from her rut and summon enough self- confidence to improve herself and to grasp new opportunities? There is a direct correlation between South Africa’s most pressing issues and the large-scale disintergration of marriages and families in our country. Only one third of our children are growing up in a normal family of two biological parents.

Therefore crises such as domestic violence, poverty and poor school performance are not the greatest challenges in our country; on the contrary, they’re rather the result of the deterioration of the family in South Africa.

The great migration of women from the home to the workplace resulted in many gains, but unfortunately also had a negative effect on families and children. The push factor is the rise in the cost of living and the pull factor is that women now have many opportunities to prove themselves professionally.

The solution is not to send women back home. Rather, the problem is that society has not made enough adjustments to handle work and the way of living. The economy places unbelievable pressure on women to play a fourfold role. She must be a wife, housewife, mother and full-time worker. She has to balance everything.

Can we always say with certainty that we have done enough for our rural women and daughters by, for instance, visiting our schools and clinics? Is our public transport system of such a nature that she finds it easy to reach the school, the clinic or even her place of work? These are some of the factors that contribute to the fact that our rural women and daughters in particular often have no access to basic education. Hence they do not have the opportunity to play an active role in the economic world.]

Where opportunities, even modest ones, are provided, the results are gratifying. Women have demonstrated the multiplier effect of passing on the benefits of empowerment to their families and communities. It is a potent weapon against poverty and provides role models for some and inspiration to others.

We must acknowledge that no single government department can address the glaring inequalities that deny women — especially rural women — the rights of economic development to which they are entitled under our Constitution. I believe that a good education is everyone’s birthright; but rights come with a price tag of responsibilities. We need to instil the notion in our students and learners that, when you are responsible towards yourself and your community, you start accumulating rights. Educational investment leads to job creation. Show someone how to fish and there will always be food on the table. Only education can free people from the shackles of poverty. Only education can drive back and stop the onslaught of poverty. Only education can build a wall against and contain the erosion that threatens to devour our communities.

We as women need to dispel the myths and act on the truths. We should have faith in our abilities. Only the strongest, fittest and toughest will get somewhere.

Do we make sure that a deaf woman has an interpreter when she attends court? Does a blind person always have the notes in Braille at the end of a meeting? Does the person in a wheelchair have easy access to a building? Marlene le Roux of Artscape in the Western Cape showed the world that, though she has great difficulty walking, she can dance, and is teaching other women to do the same.

Let those of us privileged to be in government lead so that others might follow.

Laat ons bou aan ’n geleentheidsamelewing wat vir almal tot voordeel sal strek. Die ekonomiese sukses en vooruitgang van ’n land hang nie van sy grootte, ras, natuurlike hulpbronne of geskiedenis af nie. Ja, dit help. (Translation of Afrikaans paragraph follows.)

[Let us build an opportunity society that will be to the advantage of everyone. The economic success and development of a country does not depend on its size, race, natural resources or history. Yes, they do play a role.]

However, it depends primarily on whether the country has the rule of law, an open society and equal opportunities. If it does, it will be successful and lift people out of poverty. The state must understand its role and fulfil it. South Africa, in particular, with such limited capacity, must focus on the functions that facilitate economic growth — an effective criminal justice system, an excellent education system and infrastructure.

The DA recognises that some people are so poor that they need help to enter the economy. However, the purpose of these measures is to promote equal opportunities. We want to see all government departments working toward the good of our women.

There has never been a moment in history when all countries and all people within those countries have enjoyed exactly equal wealth and advantage. But the best way – indeed, the only way — of reducing these inequalities is through an open society and equal opportunities for all, where all people are free to realise their own gifts and hopes and contribute to society with their own skill and energy. This is the fundamental philosophy of the DA, and it’s the only way to overcome poverty and underdevelopment. I would want to make it known to every woman and girl-child in South Africa today: Own your own future, and own your own success. I thank you. [Applause.]

Mr D B FELDMAN: Hon Deputy Chairperson, hon Minister, hon colleagues, once again South Africa is commemorating Women’s Day. All South Africans are reminded to pause and remember the 20 000 women, from all walks of life, who marched to the Union Buildings in 1956.

When we talk about the women’s march of 9 August 1956, four women who led the march and handed over the petition protesting against the pass laws to the then Prime Minister are mentioned. Today, as Cope, we would like this House to join us in acknowledging and paying tribute to the role played by Ms Bertha Gxowa and others who organised this political and historic day in our country.

As we are spending time reflecting on the milestones achieved in women development in our country under the theme “Working together for equal opportunities and progress for all women”, women development is still a pipe dream, despite legislation and the establishment of the Ministry of Women, Children and People with Disabilities. Absolute poverty, feminisation of poverty, unemployment, increasing fragility of the environment due to climate change and continuing violence against women put emphasis on the need to continue the search for women development and gender equality.

One of government’s key priorities is the reduction of poverty by empowering women economically through income support structures. We have witnessed the Minister of Social Development launching the Hemp Project on 19 October 2009 in Soweto. Guess what? The majority of people participating in the Hemp Project are rural women from the Eastern Cape, one of the poorest provinces in South Africa.

The Hemp Project has economic benefits; the potential to contribute to human nutrition, which gained worldwide recognition; and the potential for poverty reduction in the impoverished rural areas of the Eastern Cape. The Ministry of Women, Children and People with Disabilities should facilitate and speed up the legislation of hemp to be grown in South Africa for mass production and exportation, joining 27 other countries, like Russia.

Yes, it is time for celebration, but it’s also time to reflect on the violence against women. Women in South Africa are six times more likely to be killed by their male partners than elsewhere in the world. This means that four women are killed every day by their intimate partners. This is unacceptable and as Cope we believe that more should be done to change the status quo.

Violence against women is an injustice that is putting them at higher risk of being infected with HIV. The department needs to ensure that violence against women is integrated into HIV prevention. HIV has a negative impact on the growth rate of the South African population. It is estimated that the growth rate of females is 0,94% lower than that of males.

The growth rate for females is not the only thing that is lower, so is the female labour force, according to the MasterCard Worldwide Index of Women’s Advancement released recently: fewer women hold managerial positions; women’s income level has dropped to a fifth compared to the peak of 2008; and women’s positions in the workplace in South Africa also declined. Cope believes that the new Gender Equity Bill proposed by the Minister will not speed up the slow progress of gender equity in South Africa.

We, as Cope, propose that the Ministry should continually implement legal amendments designed to eliminate discrimination against women. We also propose that the Ministry should learn lessons from India — a country with a gap between policy and practice and one that is home to some 500 million women faced with discrimination. According to the MasterCard survey, women made the most gains there.

In conclusion, women play a critical role in the family. The family is the basic unit of a society and should be strengthened. Women make a great contribution to the family and to the development of society. Much of the progress can be made by increasing women’s access to education and a greater awareness of their constitutional rights. Thank you. [Applause.]

Ms B P MABE: Hon Deputy Chairperson, the struggle of women in South Africa has its roots in the struggle against colonialism and slavery. Women have fought not only because they were brutally oppressed but for their children and for the integrity of their families.

For centuries, black women of our country have been subjected to all sorts of unimaginable degradation: a lack of proper education, a lack of health facilities, semi-slave labour and countless other inequalities. Many of them have suffered harassment and brutal torture, but they did not succumb. Women suffered as part of the exploited black labour force, as impoverished mothers and as members of an oppressed community.

They were expected to accept the extension of the pass laws to African women because the perpetrators of apartheid grasped, in some insidious way, that the foundation of the system finally rested on the subjugation of the African woman by isolating her in the reserves, where she became conditioned to bearing and raising children as well as caring for the old and ill.

The Land Act of 1913 legalised the dispossession of the South African people of their land. While our people were driven off their land to work for the maintenance of the white economy, the pass was used to permanently control the movement of black people and curtail their development as a nation.

The late 1940s and early 1950s witnessed an intensification of the people’s struggles. The regime had devised a unique form of institutional racism through the application of over 2 000 pieces of legislation designed to restrict the work and destroy the family life and, indeed, the very existence of the black majority.

In 1950, an impending amendment, which would enable government to introduce passes for African women, galvanised women into protest on a national level. The Women’s Charter of 1954 was part of this broader campaign, and it was at this point that the ANC Women’s League identified a need for a broader women’s struggle to ensure total emancipation.

Passes were first issued in 1956 in the Orange Free State in the town of Winburg, where many women were arrested when they burned their passes. In Lichtenburg, more than 1 000 women met government officials to protest when they arrived to register them. In Nelspruit, women attacked the car of the magistrate when he announced that passes would be distributed. In Pietermaritzburg and Polokwane, 2 000 women stoned officials who came to register them. Cato Manor in Natal became the site of large-scale protests when the municipality attempted to end all illegal liquor stills. Beer brewing was an important source of income for African women. In June 1959, women marched and organised a beer boycott, which led to wide-scale uprisings all over Natal.

In 1977, the apartheid government announced that Crossroads would be demolished and the 20 000 residents would be sent to Transkei. The women organised the Crossroads Women’s Movement with their rallying cry: “We are not moving.” This caused the regime, under massive international pressure, to announce that it would not force the residents to leave the Cape Town area.

The burden became too heavy to bear, and the women’s section of the ANC started mobilising women throughout the country to take a bold stand. The determination born out of anger united them even more. United we stand, divided we fall.

Fifty-four years ago, on 9 August 1956, South Africa saw more than 20 000 women of all racial groups and from all parts of the country converging in Pretoria. Most of them carried their babies on their backs and were led by Lilian Ngoyi, Helen Joseph, Fatima Moosa and Sophia Williams.

Siyabonga bomama besizwe. [Thank you, mothers of the nation.]

That was the beginning of what was later to be observed in many parts of the world as “South African Women’s Day”, in support of the South African women’s struggle for liberation and fundamental human rights.

Women were prosecuted and persecuted on a wide variety of political charges, reflecting the range of their involvement in the struggle against apartheid. Among those who were serving jail sentences were women of all colours, ages and religions; young girls; and many mothers and grandmothers, some of whom were older than 70 years.

The oppressed women of South Africa, since the turn of the previous century, emerged as primary catalysts for protest against and challengers of the apartheid regime and colonialism. They were forced to shoulder a greater share of the burden of apartheid and they became increasingly conscious of the fact that the road to their emancipation was going through the destruction of apartheid and the creation of a nonracial, nonsexist, democratic society.

As we observe the 54th anniversary of that historic march to Pretoria, we, the women of South Africa, look back with a sense of achievement over the 100 years of our relentless participation in the national liberation struggle against colonial subjugation and oppression in South Africa.

Former ANC president, Albert Luthuli, wrote about the women’s actions:

Among us Africans, the weight of resistance has been greatly increased in the last few years by the emergence of our women. It may even be true that, had the women hung back, resistance would still have been faltering and uncertain.

National Women’s Day is about women in South Africa, the social conditions and the laws that affect them in their personal lives and in their wider field of education and conditions of work.

It is also about the way in which women have organised in the past and their struggle to overcome disabilities and difficulties under which they lived. It is about the part they played in the struggle for the liberation of the people of South Africa.

Remembering the beer boycott of 1959 in Natal, we can today rejoice in the fact that African women are standing strong in the liquor industry, with more than 1 000 tavern owners — traditionally women — having significant shareholding in the wine industry. After so many years of struggle, it is good to see recognition of economic benefits for women who labour in the wine and spirit business.

Furthermore, looking back to the 1956 pass law marches, we can rejoice that we have a new form of identification that does not discriminate against or subjugate women but allows them to actively participate in South Africa’s civilian, social, legal and economic rights. The current form of identification assists women in registering their children, applying for employment, receiving social benefits and pensions and travelling without hindrance.

The National Women’s Month must, therefore, be more than just a month of remembrance. It should be a tribute to our history of struggle, as well as a reminder of the work that lies in the months and years ahead.

In conclusion, I wish to pay homage to Comrade Ntswaki Lephuthing, provincial treasurer of the ANC Youth League in Gauteng, who tragically passed away recently. I also wish to congratulate the Gauteng ANC Youth League, led by Lebogang Maile, for the successful conference and for electing three women to serve on their five-member executive. [Applause.] We pledge to continue along the path of the 9 August occasion charted by Lilian Masediba Ngoyi, the great heroine of our people. Malibongwe! [Let it be praised!]

HON MEMBERS: Igama lamakhosikazi! [The name of women!]

Ms B P MABE: Long live 9 August, South African Women’s Day, long live!

HON MEMBERS: Long live! [Applause.] Ms L L ZWANE (KwaZulu-Natal): Deputy Chairperson, hon Minister, members, in South Africa the month of August is dedicated to celebrating the economic, political and social achievements of all women, irrespective of their political preferences, socioeconomic status and religious affiliation.

Celebrating the strides that women, from all walks of life, have made is a sentiment close to the heart of our icon, Nelson Mandela, who is a world- celebrated leader and father of the nation. We all actively participated in the International Nelson Mandela Day on 18 July 2010 by doing something to uplift the spirits or the lives of the less fortunate.

We can all attest to the fact that that kind of self-giving activity was self-fulfilling. It is the kind of activity that we need not do on this particular day only, but it should be something that, as women, we do every day of our lives by caring for those women who are less fortunate. One of the effective ways of taking forward this legacy left by Tata Mandela and other women, whom we are celebrating as heroines today, is to do good to everyone, every time, anyway, despite the challenges and obstacles that we always face as women in the daily activities of our lives. I subscribe to Mother Teresa’s thinking when she says: “We cannot all do great things, but we can do small things with great love.”

Coupled with celebrating the sacrifices of former President Nelson Mandela, this month we are remembering and learning from the stories of ordinary women who made history. They are indeed great women who have pioneered the change that we see today in different aspects and facets of life. They themselves became the change that they wanted to see. Many have contributed in ensuring that the world that we live in today transcends gender limitations and often women themselves have pioneered these changes.

If we go far back in the history of KwaZulu-Natal, even during the precolonial era, we can remember great women like, for instance, Mkabayi kaJama, a woman who contributed greatly in the formation of the Zulu nation. When things did not go well in KwaZulu-Natal at that time, Mkabayi decided not to keep quiet about it. She had to take very tough decisions to call things to order even during that era.

When I look at the actions and decisions that she had to take, I sometimes say to myself, even at that time, Mkabayi kaJama was a Member of Parliament. When things went wrong, she did not keep quiet. She was brave enough to face even the king who was ruling at the time, and went further to actually orchestrate his assassination because she wanted to deliver people and wanted justice to prevail. It is such women that we are looking for today. It is such women that we need to support — women who are not afraid to speak out when things do not go right. If, for instance, we could refer to what other speakers said earlier on by way of remembering the heroines that contributed to the struggle, now that we are here today, there are people who went before us and sacrificed their lives.

However, the struggle, as it was explained earlier on, did not begin in

1. Around 1913 there were already marches led by different women who were fighting the injustices of the government of those times. For instance, women were not quiet about the Land Act, where the whole Act was actually meant to disadvantage blacks to the extent that blacks were given only 13% of the land. Women were not quiet about that. It is only that maybe they did not approach that whole issue in an organised fashion.

Around 1948 and 1950, women organised a potato boycott. I suppose you remember that boycott, when women took a firm stand and said that they were not going to buy potatoes because prisoners were used by the government of the day to plant those potatoes, and, in the process, some of the prisoners were killed and were buried there.

Bathi abesifazane ngeke sisawathenga amazambane, ngempela kwama nse ukuthengwa kwamazambane … [The women said, we will no longer buy potatoes, and indeed people stopped buying potatoes … ]

… for a long period.

Ngoba bengafuni ukudla ukudla ekubeni umhlabathi wakhona uvundiswe ngezidumbu zezingane zamanye amakhosikazi. [Because they did not want to eat food which was grown in soil fertilised with the corpses of other women’s children.]

Women stood firm and fought for that. It is women in KwaZulu-Natal —the previous speaker alluded to that — abaya kwalihhoko, ehholo labhiya, kwamayemaye [who went to lihhoko, a beer hall, in Mayemaye].

The men were busy drinking beer and had forgotten their duties. They had even forgotten their bedroom duties as men … [Laughter.] … because they were so glued to and so hooked on drinking this beer that was actually killing the systems that they need to use to procreate. So women went there and said enough is enough.

Bachitha utshwala bafaka isibhaxu. [They spilled the beer and beat them.]

And then men had to come to their senses and take their responsibility of providing for and protecting women in their own homesteads. It was women. Women can bring about change if they want to.

Uma besathule bathule ngoba besafuna isu … [When they are quiet, they are actually devising a strategy …] … not because they are afraid. It was women who actually organised the strikes against the dips.

Isiteleka samadiphu. Izinkomo zamadoda zifa, kodwa ezabelungu izinkomo … [The dip strike. Men’s cattle dying, but cattle of the whites …]

… were not dipped in the same dip where the other cattle were dipped. There was something fishy about that because it indicated that there was some poison that was put in to kill black people’s livestock. Women stood up and actually closed the dips. It is women who brought about that kind of change.

Nango-1980 siyabakhumbula abesifazane abanye babo abakwaZulu-Natal … [Even in the 1980s we remember women, some of whom were from KwaZulu-Natal …]

… who actually remained in their homesteads when their husbands were away in exile. These women had to take decisions and run the homesteads on behalf of the husbands who were away.

Siyamubonga umama uSizakele Zuma,umaKhumalo.[We thank Mrs Sizakele Khumalo- Zuma.]

Today, her husband is the President, but she had to remain and actually run the homestead, faithfully, until the President came back. [Applause.]

Ngakho-ke siyakubonga ngomnikelo owasenzela wona, namuhlanje sinoMengameli ngoba wahlala wabekezela ezimweni ezinzima. [We therefore thank you for your contribution, for today we have a President because you remained and persevered in dire conditions.]

There are other women who contributed to the struggle, women like Dorothy Nyembe, Margaret Mncadi, Tryphina “MaMboxela” Njokweni, Florence Mkhize, Busi Mhlongo, the artist, and Dr Manto Tshabalala-Msimang. Those are the women who made men’s contributions. As we are here today, we will be making a grievous mistake if we don’t mention their names. We may not mention all of them because they are so many, but at least we should mention some of them.

Siyababongela omama abanjengo … [We thank women like …]

… Ellen Sirleaf, who is the Liberian president. I think she is the first woman president on the African continent.

Ungowokuqala, baningi abanye abazolandela. Uhlahle indlela … [She is the first; many more are to follow. She led the way …]

… and I want to believe that it was not easy for her to reach the stage where she is, but women are learning from that and are going to assume those positions very soon. We are not making threats, but we are going to assume what is rightfully ours because we have the gift of leadership.

We do want to applaud the progress that has been made by the democratic South African government ever since its inception.

Siyababona omama … [We thank the women …]

… in the decision-making bodies of government and the parastatals.

Siyababona oNgqongqoshe abakhona kuzwelonke. Kodwa, ikakhulukazi kwisifunda sakwaZulu-Natali, siyakuthanda lokhu esikubona kwenzeka khona. IsiGungu sakhona esiPhezulu sinabesifazane abayisihlanu kanye nabesilisa abayisihlanu. [We thank the MECs throughout this country, especially in the province of KwaZulu-Natal — we like what we see happening there.]

In the legislature we have struck the 50% balance. In the chairpersonship of portfolio committees we have struck a balance of 50-50. So, there is progress.

Kodwa-ke, kuyasixaka ukuthi kunezifundazwe … [But then, it is surprising that there is a province …] … where there is only one female in a sea of males, yet those provinces hope to govern the country. The ANC still has a lot of work to do in terms of educating and giving lessons to other parties in order to reach where the ANC is today.

KwaZulu-Natali sibe nePhalamende labesiFazane elibe yimpumelelo, … [In KwaZulu-Natal we had a women’s parliament, which was a success …]

… where we created a platform through the Office of the Speaker, Ms Peggy Nkonyeni, and brought women from rural areas.

IPhalamende labesifazane laKwaZulu-Natali kulo nyaka beliseMkhanyakude, … [This year the KwaZulu-Natal women’s parliament was in Mkhanyakude …]

… right in the deep rural areas …

… lapho bakhale khona ngogesi namanzi, bengenalutho [… where they complained about electricity and water, because they have none]

We promised that we will see to it that the government of the day, be it nationally, provincially, or locally, addresses those issues because if you address the issue of electricity …

… uthinta umuntu wesifazane nokuhlupheka kwakhe, angavuki ekuseni aye ehlathini. Uma ukhuluma ngodaba lwamanzi wenza ukuthi angayi kowasha emfuleni ashaywe yizinyoka. (Translation of isiZulu paragraph follows.)

[… you are relieving women from the hardship of waking up in the morning to go to the forest. If you address the issue of water, you are saving women from going to do laundry in the river and being subjected to snakebites.]

Many other issues were addressed at that platform. So, we really are celebrating this month and the office of the premier — as hon Magadla said — is full of a series of activities that are taking care of women in various sectors of the community. Thank you very much, Deputy Chairperson. [Applause.]

Dr H E MATEME (Limpopo): Deputy Chairperson, Ministers present here, …

… bahlomphegi ba Ntlo ye kgolo ye, ke lethabo le legolo go rena lehono go tla ka mo re tlo abelana le lena ditaba tša go tšwa go basadi Palamenteng ya basadi ya Limpopo … [… hon members in this august House, it is a great joy that we are gathered here today to share with you matters arising from the women’s parliament in Limpopo …]

… the only province of peace in the country. [Applause.]

Chairperson, before I get to the issues of the day, I would like to remind this august House, particularly the opposition benches, that the ruling party has an age-old slogan that says: “The people shall govern”. It isn’t saying members of the party shall govern, but the people shall govern, meaning all people in the country.

Secondly, whoever defies a mirror? When one stands in front of a mirror in the morning and the mirror reflects that his or her tie or skirt needs to be adjusted in a certain manner, one complies; when one goes out, one wants to impress. This is to say that we, as the ruling party, are capable of listening. Opposition for us is but a mirror. We hear what is being said.

In September we will be converging in Durban to introspect and to blend all that we have heard. The whole country and the whole world will be watching – they will be paying attention. When we come back and go to the communities, we are going to impress.

I have heard, in this august House this afternoon, some people expressing some dreams of some new majority. When people dream during the day, what do we say? We say they are daydreaming! [Interjections.]

Mokgatlo wo o bušago naga ya Afrika Borwa … [The ruling party in South Africa …]

… the only organisation that is almost a century old — not only on the continent, but in the whole world - is listening.

Ons gaan regmaak, mense. [We are readying ourselves, people.]

Watch this space.

Chairperson, thank you very much for allowing us this opportunity to relay to this august House issues raised in our provincial women’s parliament that was held recently. Sixteen years on since our democratic dispensation, and 55 years on since the gallant women marched to the Union Buildings, we are not here only to lament and to characterise problems. We are here to propose solutions as well.

Political liberation without economic liberation does not count for much. On behalf of the rural women in Limpopo and other provinces, we would wish to share some experiences with this august House. Also, just to remind the House that, when one listens critically to what opposition benches are saying, they are saying, “ANC, implement your policies and stick to your programmes correctly.” And that’s what we are going to do.

Opportunities and economic progress for women are closely linked to service delivery in general. Demographic statistics of our country indicate that women are a majority. Due to the labour system of the past, this majority is in the rural areas. The fact is that services like electricity and water provisioning are still very much in short supply in the rural areas. For women to participate in economic activities of the country, electricity and water are critical.

It is commendable that this administration of hon President Jacob Zuma has identified rural development as one of its focal areas. For women to participate more meaningfully in the economy of the country, we still have some hurdles that need to be removed.

Over and above the issue of electricity and water is the question of language. The language used in government programmes and in documents is not always user-friendly to the majority of women in rural areas. We therefore suggest that information for opportunities be given in local languages of rural areas. Radio can also be utilised as a means of disseminating information because the majority of households in rural areas do listen to radios.

An added burden is that some concepts are expressed in an unfriendly language. I am referring to concepts like “per cent”, and concepts like “compound interest”. These are some of the subtle hurdles which women have to grapple with before they can meaningfully participate in the economic activity of the country. For those women who, due to no fault of their own, are not conversant with these concepts, it is very difficult to participate meaningfully in economic activities. We, therefore, propose that those who craft modules for adult basic education and training, Abet, should find a way of packaging these concepts in such a way that women are able to utilise them and, therefore, enter the mainstream of economic activity in South Africa.

To add insult to injury, commercial banks call for collateral - a very tall order, indeed, for women in rural areas. One of the former first ladies in our country used to preach the gospel of a community or village bank. Bangladesh has proved that a properly managed community or village bank does work.

Therefore, we appeal to the relevant departments in this administration to facilitate the establishment of village banks where rural women can access affordable loans for their businesses. Other than making less costly loans available, a village bank will not only liberate rural women from the moneylenders, but will also create jobs in the villages. The foundation for these village banks already exists. A lot of money is circulating in these villages in the form of stokvels, burial societies, megodisano [informal community financial empowerment schemes], etc. We propose that the state, with all its expertise, should facilitate the establishment of the community or village banks in rural areas.

We do have good policies but the implementation falls short. Some scorecards in some companies may not be quite honest with regard to gender equity. Policies intended to uplift women do not always have the intended results because sometimes women are used as fronts. We therefore propose that a mechanism to verify actual and meaningful participation by women in some of the economic activities in the country is necessary.

In conclusion, it’s not only doom and gloom in the lives of women in rural areas. Those women in rural areas who have access to water and electricity, as well as some land, do produce food for their families. Some of these women, as evidenced by awards such as the Female Farmer of the Year, are already farming commercially.

The message is, for the majority in rural areas, participation in the economic activity of the country is still pie in the sky, and impatience is growing each day. Some creative intervention would be most welcome.

Services are not being delivered, and this must be made clear. It is not because of a lack of money. Our country, South Africa, has enough resources for all its people; it’s a matter of management. The probe announced by our President, we hope, is going to help the delivery of services to arrive speedily in the rural areas. I thank you. [Applause.]

UMntwana M M M ZULU: Sihlalo weNdlu, amalungu ahloniphekile, uNgqongqoshe obhekene noMnyango wezabesiFazane, iNtsha, iziNgane nabantu abaPhila nokuKhubazeka, ngithi iNingizimu Afrika kufuneka ibabongele omama ukuthi bakwazi babhekane nemisebenzi enzima.

Babhekane nemisebenzi kuyo yonke indlela njengoba eseshilo udadewethu. INkosazana yesizwe samaZulu, uMkabayi kaJama wayekwazi ukuphephisa isizwe ebunzimeni ngoba nesikhundla esihlezi kuso uma ngabe uMkabayi kaJama wayengekho uyise uJama wayengeke asakwazi ukuthola ukusithola. Yingakho waze wazala indodana yakhe okuthiwa nguSenzangakhona. Lokho kwakungumcabango kaMkabayi kaJama.

Akuqala-ke nangaye uMkabayi kaJama kuqale ngoMthaniya uqobo. UMthaniya wabusa njengenkosi yomZulu, waphatha izwe. Kwaye kwalandela iNdlovukazi uNgqumbazi, naye wabusa njengenkosi yomZulu eshayela amadoda umthetho kuleliya likaMthaniya. Indlovukazi yokugcina unina kaDinizulu lapho aphendula khona isidwaba wasibuyisa ngangxanye, amaBhunu namaNgisi sebezothatha uDinizulu okokugcina bemyisa le e-St Helena.

Nguyena owaphaka amabutho, waphinde wabutha ibutho “UDakwa Ukusutha”, yiNdlovukazi-ke leyo. Angeke ngikuphike mhlonishwa Ngqongqoshe ukuthi kukhona okhalweni lwethu lapho omama siyaye sibabukele phansi khona. Kodwa indoda ebukela phansi umuntu wesifazane iyinkinga ngoba phela ebusuku uma ngizohlaba inkomo ngixoxa naye ngaphambi kokuba ngiye kubafowethu. Ngoba uma ngingexoxe naye ngizohamba ngiyohlaba inkomo esibayeni engazi; ayikho leyo nto.

Ngithi lapho sengikhulile sengimdala iNkosazane kaDinizulu iyona eyafika yazobeka iNdlu. Ubabomkhulu uSolomoni wahamba emhlabeni engazilamaniselanga ukuthi izindlu zakhe ziphathe kanjani. Kodwa ngoba kubalulekile noma bekhona obaba bengamadoda, nabafowabo, noyise kepha balanda iNkosazana. Inkosazana yafike yasho ukuthi le Ndlu imi kanje nakanje, ibeka umthetho.

Ngithi omama besizwe bayisizwe, ngithi asikho isizwe ngaphandle komama ngoba masingathi siyisizwe ngaphandle komama singakhuluma imfeketho; into engekho. Okukahle uhulumeni wentando yeningi usekwenze kwaba ngumthetho ukuthi bathathwe njengabantu ababalulekile ezintweni zonke, iminikelo eseyenziwe ngosopolotiki ngeminyaka yawo-60 kanye nama-50. Kodwa kusukela le babenezwi abalishayayo emthethweni. Ngazi lo mlando ngoba ngawuthola kogogo ababegane inkosi yasoSuthu, iNkosi uDinizulu.

Yizinto esizaziyo lezi, ngithi ngibonga kakhulu ukuthi bonke odadewethu nabafowethu abakhulumile, abakakhulumi okutshekile ngesifazane sesizwe ngoba yilapho esiphumula khona, esincenga khona futhi yilapho esibonelelwa khona. Ngiyabonga. [Ihlombe.] (Translation of isiZulu speech follows.)

[Prince M M M ZULU: Chairperson of this House, hon members, the Minister of Women, Children and People with Disabilities, South Africa should commend women for their ability to perform difficult tasks.

They are faced with duties all the way, as the hon Minister has said. The heiress of the Zulu nation, Princess Mkabayi kaJama, could keep the nation safe during difficult times. The position that I am occupying would not be available if Mkabayi kaJama’s father, Jama, had not existed. That is why he had to bear a son named Senzangakhona. And this was Mkabayi kaJama’s idea.

This caretaking of the Zulu Kingdom by women did not begin with Mkabayi kaJama, but started with Mthaniya herself. Mthaniya reigned as the ruler of the Zulus and ruled the land. Then followed Queen Ngqumbazi – she also reigned as the ruler of the Zulus, giving orders to men in the land of Mthaniya. The last queen to rule was King Dinizulu’s mother, who turned her traditional hide skirt, or isidwaba, inside out when the Afrikaners and the English soldiers came to take Dinizulu to St Helena for the last time.

She is the one who commanded regiments and also founded a regiment called Udakwa Ukusutha. These are the queen’s credentials. I will not deny the fact, hon Minister, that somewhere in our nature there is a tendency to undermine women. But a man who undermines a woman is a problem because as a man, when I want to slaughter a cow, I first discuss it with her during the night before I tell my brothers. Because if I don’t talk to her and just slaughter a cow without telling her, that is not acceptable.

When I was old enough, it was Dinizulu’s princess who gave a ruling as to which royal house should rule because my grandfather, King Solomon, did not give a ruling as to which house should rule in terms of their seniority. And although other male relatives, like his brothers, were available, they consulted the princess. She came and gave directives as to which house should do what – she gave them directives.

The women of a nation are the nation — a nation does not exist without women because if we said we were a nation without women, we would be talking nonsense. And what is good is that the democratic government has entrenched it into law that they be regarded as important people in every aspect — these are the contributions of the politicians of the 1960s and the 1950s. And as from then they had something to say about the law. I know this history because I got it from my grandmothers, who were married to the king of Osuthu, King Dinizulu.

We know these things. I am very grateful to all my colleagues — my sisters and brothers who have spoken here — because they have not spoken ill of the nation’s women for they help us to relax, breastfeed our young and take care of us. Thank you.] The HOUSE CHAIRPERSON (Mr R J Tau): Hon Deputy Chair, hon Minister, special delegates from the provinces, of course, it is true that the theme is directing us to a particular point in understanding exactly what it is that we need to do, namely work together for equal opportunities and progress for all women. But, perhaps, the fundamental question that we need to ask is: To what extent are we or can we be in the position to work together for equal opportunities and progress for women without a proper understanding of the challenges that women have been confronted with in our country?

For instance, it is easy to talk about an open society and equal opportunities, and simplistically think or assume that once you declare that there are open or equal opportunities, women will be free and equal to men. Therefore, it is important for all of us to understand, including our colleagues from the DA, that once we talk of equal opportunities, we also need to appreciate the historical oppression that women faced. That particular historical oppression was characterised as triple oppression.

Firstly, women were oppressed because of their gender. Secondly, they were oppressed because they were black, and, thirdly, they were oppressed because of the class orientation or characterisation of the economy that we were faced with. So, to what extent can we then begin to talk about equal opportunities for women now, if we do not address those three things? The first fundamental question for me with regard to triple oppression is: Has the males’ attitude towards females changed? How do we see women today? Do we see women as equal to men in terms of their capacity and ability to do certain things in our society?

With regard to issues of race, to what extent have African women, in particular, been able to be positioned in society to play the strategic role that they are supposed to play? In class terms, where do we place women within the realm of our economy? How do we ensure that we locate their role in such a way that they are playing a very significant and constructive role in growing the economy of our country?

Therefore, it is important that we also caution our colleagues from the DA that they cannot speak of opportunities in class terms when, in actual fact, their liberal policies are walking against the very same objectives of creating equal opportunity. [Applause.]

If one has to reflect, as a result of the very same liberal or neoliberal economic policies that are espoused so aggressively by the DA, let us not forget that it is these policies that, in actual fact, led to a situation in which our country’s economy was opened up. It is the liberalisation of the South African economy which led to a situation where the import barriers or the restrictions were lowered or even removed. As a result, the South African economy was then undermined by the external economies. What was the result of that? It resulted in key industrial sectors in our economy suffering greatly, such as your textile industries. Who were the people who were most affected in the textile industry with the closing of factories, and so forth? It was women. Therefore, it would be quite disingenuous and dishonest to begin to speak about equal opportunities, whilst in your policy framework you vigorously and aggressively advance policies that – and you know that very well — will undermine the very same progression of women in the economy as a whole.

It is within that understanding that it is important that all of us must begin to appreciate the struggles and challenges those women are faced with. Equally so, as the prince has said — and this is the first time that I have spoken after him and agree with him - the history of the struggle of women and how women have progressively played a strategic and important role in our liberation does not necessarily start in the 1930s or 1940s, but way before that.

Let us look at the Anglo-Boer War and the role of women in it, in particular how our African women were used to support the two imperialist factions that were fighting for our own economy, land and resources. Our very own African women were used to feed the soldiers who were fighting against each other. What happened immediately after the Anglo-Boer War? They were again subjected to the very same conditions, hence their political consciousness and their capacity to rise led them to mobilise and organise themselves to a point where they rose against the declaration of the 1910 Union of South Africa. It is through that process that we could see the mobilisation of women and their progression in fighting against the injustice system at that particular stage.

In the 1930s and 1940s, there were many instances of mass protest, demonstrations and passive resistance campaigns which women participated in. Of course, we can also reflect on the First World War and the Second World War, during which the imperialists on our land fought for our land, resources, and the little that we had. Women were again used to feed the imperialists, as well as look after them and their kids. They were even used for medical supplies.

It is now on record that during the Anglo-Boer War some African women were used as spies for the benefit of the imperialists. That is the extent to which women have played a very important role. However, some of the women, those who were more intelligent than the imperialists, fed the imperialists wrong information. [Applause.]

The main movements through which women expressed their growing political awareness in the 1930s, 1940s and 1950s were greatly influenced by the then Communist Party of South Africa and the ANC.

We would remember, comrades, that with the gradual transition of the South African economy from a predominantly mining and agricultural economy to the flourishing industrialised economy and our secondary industries, women played a very strategic and important role. Black trade unions grew rapidly and were influenced by the growing numbers of urban workers. They became increasingly dissatisfied with the status quo and a number of major strikes and boycotts were held in the 1940s, notably the strike of African mineworkers.

Women were not slow to play their part in this climate of unrest. Within the trade union movement, one can mention the names of militant workers, women in particular, such as Frances Baard whom today … I do not know how many members of this august House have seen her statue in the centre of Kimberley in the Northern Cape. Kimberley, as part of the Northern Cape province, honoured Frances Baard, who hailed from there. You must go to Kimberley to see the big statue there of our fellow revolutionary, Frances Baard. These are some of the women, like Lilian Ngoyi and Bertha Mashaba, who played that particular and important role.

In Cape Town, food committees that had links with the trade unions and the Communist Party of South Africa were formed and they demonstrated in Parliament against the inadequate food supplies. In Johannesburg women formed the People’s Food Council in 1943 in an effort to improve …

The 1956 march - this is the point I’m trying to make — was the culmination of a process that began long before and was led by women in South Africa. We know of the role played by the Federation of South African Woman, Fedsaw, and so forth.

Today we can … but, Chair, I still have seconds left.

The HOUSE CHAIRPERSON (Mrs N W Magadla): Your time has expired.

The HOUSE CHAIRPERSON (Mr R J Tau): In conclusion, may I put a challenge to all of us as Members of Parliament, MPs, and say that we should not only fight for equal opportunities concerning this theme, but we must fight or develop a campaign that is aggressively biased in favour of women. [Applause.]

It should not be about equal opportunities; it should be about bias onfavour of the upliftment of women. It doesn’t matter whether this would be in the form of co-operatives or construction co-operatives or co- operatives in mining, agriculture, etc. As we do our oversight, the first and last question should be: How has this benefited women or how will this be of benefit to women? [Time expired.]

The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES: Hon Deputy Chairperson, I wish to thank the members for the vibrant debate that has taken place this afternoon in this august House. Furthermore, I also want to appreciate the historical context that was given in terms of tracing back the struggles of women, thereby proving that women can do it. I believe that, in this particular era, all of us as women — together with men — must unite to address the challenges that members have spoken about; challenges of poverty, unemployment, HIV, etc. We also need to ensure that women access opportunities, and so on.

However, I just want to make one point. The hon Chen made an input about the challenges faced by women. I would wish that the input that was given here should be given to the leader of the DA, who is also the Premier of the Western Cape, so that they too recognise that women have got a role to play in decision-making structures of political parties, organisations, and so on.

What we saw in the provincial government of the Western Cape was a reversal of the gains that were made by women in this particular province. So I just wanted to make that point and ask hon Chen to make this input to her own party so that we can see a conscious effort by all of us in our resolve to ensure that women are empowered, participate in all respects, and also make their input with respect to the challenges that are facing us.

What has also come out is the fact that we need to focus on rural areas. That has come out in different ways in terms of inputs made by different speakers today. Rural development remains a priority of our government. Whatever we do in the next four years of this administration, if we don’t make a difference in the lives of our people then we would not have achieved much in rural areas. So all of us have got to unite and ensure that women in the rural areas are empowered. I have also noted the suggestions that members have made. We will look into those suggestions.

As I step down, hon Deputy Chairperson, I would like to say that we are going to have izimbizo, and I invite the NCOP to join us in that regard. We will be interacting, first and foremost, with women on day one, children and their representatives on the second day, people with disabilities on the third day and the communities on the fourth day.

So we are going to be crisscrossing the country, going to rural areas as government and as this new department. We will be doing this in order to interact and also ensure that we listen so that we empower ourselves in terms of responding to the needs of our people. We are going to be embarking on that programme. We will start with KwaZulu-Natal and then move to other provinces. I just wanted to let the House know that there is such a programme which will take us to provinces.

In October we would like to have a national conference or indaba of women where women of all political persuasions – women from all backgrounds of our country – will come together under one roof to deliberate on the challenges and receive reports from the UN, the Commonwealth, and SADC. We will also be talking about how far we have come as a country in the implementation of the Millennium Development Goals.

All I am saying is, let us work together for equal opportunities and progress for all women. Let’s make the period from 2010 to 2020 truly a decade for all women of our country and Africa. South Africa cannot be truly free if the rest of the continent and its women are facing serious challenges. We’ve got to lead this process to ensure that whatever we do impacts positively on the lives of women on the continent as well. Thank you very much, hon Chairperson and hon members. [Applause.]

Debate concluded.

         TAKING PARLIAMENT TO THE PEOPLE PROGRAMME: LIMPOPO

                      (Consideration of Report)

The CHAIRPERSON OF THE NCOP: Malibongwe! [Praise!] Hon Deputy Chairperson, I would like to welcome back members after a wonderful break that we had, which coincided with the successful hosting of the 2010 Soccer World Cup. Having experienced the success of this tournament, to which all South Africans contributed, I am sure we are all proud of what our country can do.

I am not too sure how many people went to the stadia. An HON MEMBER: I’m one of them.

The CHAIRPERSON OF THE NCOP: Hon member, are you one of them? Are you telling me that the rest of you did not buy tickets to watch matches at the stadia? Oh! Only three people went to the stadia? You have missed a lot, I am telling you. You were sitting in front of televisions? Okay.

From 23 to 26 March 2010, as you all know, we visited the Greater Sekhukhune District Municipality as part of the “Taking Parliament to the People” programme. As you are all aware, this programme assists us to promote public participation in line with the constitutional injunction of providing a national forum for public consideration of issues affecting provinces.

The important element of this programme, hon members, is that it provides an opportunity for different spheres of government to act together. It also epitomises co-operative government, whereby the three spheres of our government co-operate with one another in bringing service delivery to our own people.

It is important, however, to ensure that this co-operation becomes a daily practice. Our biggest challenge is to ensure that while our government is constituted as three spheres, it must also, at all times, work together as one. Now, I want to emphasise this point. We will be having a debate on 26 August in this very House, and you would remember that we called that debate. I once more want to emphasise that I was in the Free State yesterday and we debated this issue with the local government sphere. We emphasised and asked all three spheres of government – national, provincial and local government – to co-operate to avoid frustrating service delivery on the ground.

Working together within the three spheres of government will assist us to speed up service delivery because one hand will know what the other hand is doing. It does not matter in which field we co-operate — whether it is the financial field or working together to provide services — let us try to co- operate. From this year and onwards, we need to work on that and make sure that we are successful in bringing co-operative government together. This, of course, depends on the collaboration of the public representatives and administrators who are located in these different spheres and how they interrelate.

All of us, for example, in the legislative sector, have now created the Speakers’ Forum level and the legislative level to say that we have formed a sector. We are no longer just calling ourselves a Parliament or provincial legislatures; we are a sector of legislators that can sit down and discuss things which affect us and be able to address them on the ground together and co-operate with each other. Through this programme, we have an opportunity to educate our people about the work of Parliament, and we also conduct hearings under the site visits in order to check the quality of the work that is done there.

As you know, this programme also brings together poor communities with a view to facilitating and uplifting in order to realise a better quality of life. This has also been the approach in the programme since its inception. We do not want to leave the seats of Parliament only to go and meet people who could easily interact with Parliament. We want to go to those people who do not have resources so that we afford them the opportunity to come to talk to us in Parliament.

In this regard, our choice of the Greater Sekhukhune District Municipality was informed by the fact that 97% of the people in the district live in rural areas. Poor service delivery in that area was confirmed by the recent report of the Department of Co-operative Governance and Traditional Affairs on the delivery of basic services. The report shows that the level of delivery of basic services in that province is at 15%. You can imagine; that’s what the report says!

That’s where we have got to concentrate our efforts. That’s where our efforts have to be, all of us as public representatives, and we must make sure that we assist those structures that deliver services. You and I don’t deliver services because we don’t have the money. But you and I give or allocate the money to government to deliver services. That’s why we’ve got to come back and account for the money used.

The workshop which was held on 10 August 2010 – and I’m happy the provinces were there — painted the picture on how the provinces spend their monies and how their municipalities are actually co-operating with the Auditor- General on money expenditure. Another workshop will be held in October to look at the expenditure trends in all the provinces so that we give you information that you can basically use on the ground to deal with those issues.

This is a true reflection of the effect of the pre-1994 policies and laws that we have passed to assist those small communities on the ground. Unfortunately, reversing such a negative legacy will take longer than we would like. But we have to move with speed to do that.

Members will be aware that the visit to Limpopo, under the NCOP “Taking Parliament to the People” programme, was the first since we assessed the impact of this programme and strengthened it. Evidence of this is that we started engaging with service delivery challenges in the area long before our visit in March. This gave us an opportunity to engage the executive in the period leading up to the visit.

The results of this were that some interventions were made even before our visit. We want to strengthen the programme by improving on this approach because we see that it has the potential to instil confidence in the people that indeed we are taking the issues they are raising very seriously.

During the visit, as you know, people raised a number of issues, which are captured in detail in the report that we are considering today. These issues, to mention just a few, include the backlogs in service delivery, the difficulty for local communities in accessing jobs, the shortage of water and lack of sanitation, backlogs in the land claims, poor road conditions, etc.

As you will recall, I committed myself to returning to the province in May to meet the leadership there to put up the small plan so that when you go there as committees, you will have a plan that you can follow; not just at the national level, but also at the council and provincial levels. We’ve not yet held that meeting because of the commitment of the leadership in the province. However, we have all agreed that early next month we will be in a position to put up that plan so that we can all work together and make sure that service delivery takes place as we want.

I am happy to inform you that, actually, the work has been started in that area of Sekhukhuneland. Since we left there, there is what we call the true reflection of our work that follows after we have left. For example, the construction of the Sekhukhune one-stop development centres in Schoonoord, Mphanama, Saaiplaas and Mohlaletsi have already commenced.

Addressing the issue of houses that are of poor quality has also commenced in that area. There is 90% progress in the construction of the Madibeng dairy. What I have done in the meantime is to send officials to go and check some of the projects that we visited. There is also progress with regard to road construction and maintenance, and some of the mines have already started with the social investment initiatives they had promised.

Inevitably, there are still many challenges that are facing the province and the district as regards attending to the needs of the people. This requires that we work together and see how, as this House, we can assist by facilitating the resolution of all service delivery challenges.

I am happy that a delegation led by the House Chairperson for Committees and Oversight, hon Tau, with counterparts from the province and district and everybody including the local municipalities, is planning to visit the area soon. The plan is already there and it will take place very soon, and they will report on some of the things when they come back. This will help us to bolster our follow-up mechanism that we agreed on in this House.

Oversight does not only entail identifying problematic areas, it also entails making the process of delivering services by government easier. I have noticed on many occasions that by merely providing space for the three spheres of government to come together to raise issues and find solutions, we succeed in facilitating the unlocking of service delivery bottlenecks.

Further, the Constitution states in section 154(1) that the national and provincial governments, by legislative and other measures, must support and strengthen the capacity of municipalities to manage their own affairs, to execute their powers and to perform their functions.

Now, that’s where all of you, together with me, play a vital role in making sure that these other two spheres assist the third sphere of government with respect to service delivery. For that reason, the NCOP has the responsibility to ensure that the local government sphere is supported. It is within this context that we would like to work with the different spheres to facilitate co-operation in the manner in which government responds to the needs of our people.

Where is Mr Mokgobi? Thank you that you are here. The reason why I touched on Maluti-a-Phofung in Qwaqwa maabane [yesterday] is that that municipality is also under section 139 as I speak. We are not going to leave the committee to do the work alone.

From the senior level, where I am, a delegation will also assist you to go and sit down with the senior politicians there and discuss the issues and find out what has been done about the issues mentioned under section 139 interventions. I had a very wonderful discussion with the senior politicians there and they have already put plans in place. We are going to monitor those plans and make sure that they come out of section 139 very quickly. By the way, I am very impressed by the work that you are doing in terms of the municipalities. Wherever I go, people tell me about the work that you are doing and I hope you can continue doing that. [Applause.]

In presenting the report of the NCOP’s visit to Limpopo for a debate, I must thank all members who participated in the programme. At times, conditions were not easy for you, particularly in Sekhukhuneland. For some of you it was your first time to climb those mountains, deal with bad roads and all those things. But I am happy that you have seen that the people who elected you to come here live in such conditions. I hope you will represent them and raise their voice all the time when we are in these Houses. I will repeat again that the conditions were not easy, but these are the conditions that our people are facing every day, which, unfortunately, we have to improve. That is our job to do.

We will always welcome inputs from you, hon members, on how we can make sure that the programme continues to improve on a day-to-day basis so that our people can benefit from this programme. I thank you very much. I present the report to you. [Applause.]

Mr R A LEES: Sihlalo ngiyathemba ukuthi nami uzongipha isikhathi esingaphezu kwaleso esibekwe ngokomthetho. [Chairperson, I hope you will also give me more time than is applicable by law.]

Madam Deputy Chairperson, “Taking Parliament to the People” during March 2010 was an event where there was nothing to celebrate. Nothing enabled us to say what wonderful progress we have made to undo the injustices of apartheid. If anything, our people in Limpopo suffer more from poverty and are more disadvantaged today than ever before. The report which is before us today is an indictment on the failure of government on service delivery over the past 16 years. Throughout the report, I recorded the failures of all spheres of government in the Greater Sekhukhune District Municipality.

People were literally in tears as they told Parliament about the lack of basic services; corruption; maladministration; pipes with no water, years after they were installed; schools with no roofs; schools with very few teachers; schools with underqualified or unqualified teachers; schools with 452 learners who share 250 desks; schools with ablution blocks built years before but never finished; hundreds of hectares of valuable arable and developed land lying idle because of community disputes and dismal support from state departments; a lack of clinics; and traditional leaders who only look after their own interests.

The unemployment rate in that district is a staggering 69,4%, yet the ANC has still not implemented the wage subsidy for school-leavers, which the Minister of Finance announced some six months ago. This community is desperate to benefit from this policy that the DA has championed for many years. However, the ANC is held to ransom by its partner, Cosatu. [Interjections.]

During the Limpopo Parliament, the various government speakers rolled out the usual platitudes and promises. The people present saw through this, and, indeed, they gave little or no applause for the repeated promises from government speakers. Contrast this very reserved response to government speakers — including the Deputy President — with the roars of applause given to hon Harris and hon Bloem when they addressed the House. [Interjections.]

There is clearly a groundswell of support for an alternative government that will meet the needs of our desperate people. While the Limpopo government arrogantly ignores its citizens, it certainly knows how to treat MPs well. The ANC regime in Limpopo shows the signs of a shell state with the arrogant trappings of a government, like titles, blue lights and lavish dinners, but without service delivery. [Interjections.]

Despite the passage of four months since we took Parliament to Limpopo, the hon Chair informs us that the meeting scheduled for May has still not happened. I have little doubt that there has been little or no firm delivery on the promises made.

The DA supports the principles and directives of the Constitution, which dictates that Parliament must go to the people. However, we certainly do not support it as a smokescreen to bluff our people. You cannot promise people attention to their service delivery needs if you do not record those needs properly in detail, as well as ensure that they are followed up properly.

The proposed return visit is simply not enough. What is required is a real commitment from all spheres of government and officials to deal swiftly and thoroughly with the problems identified and the promises made. If the promises made are unachievable, then the people must be told this. It is irresponsible and dishonest to make promises which are patently unachievable.

The ANC cannot divert attention from the cries of the people by playing the apartheid card yet again. For the sake of our people, the ANC must accept responsibility for the service delivery failure and for the enrichment of well-based ANC cadres and cronies. The ANC should be asking for forgiveness rather than trying to muzzle its opponents and the press with apartheid- type censorship laws. As the writer in yesterday’s Business Day wrote: “Ordinary people can see and smell the failures of the postapartheid state.”

The people have clearly lost hope in the ANC government and are ready to place their hopes in the hands of an alternative government — a government which is committed to service delivery, even where the ANC has failed; a DA- led government to create an open-opportunity society for all the people. I thank you. [Applause.]

Mr F ADAMS: Hon Deputy Chair, one thing about the ANC is that it is not so desperate that it would take a dying party to come and join it. [Interjections.] I just want to say to the hon Lees that we can see the desperation that you are daydreaming. I don’t think the ANC wants to wake you from your daydream. Hon Watson was daydreaming as well.

Mining is one of the leading South African industries in sustaining communities. The mining houses are as dependant on the communities as the communities are on them. They understand that growth can only be maintained by uplifting and empowering the communities that support them. These issues must pave the way towards long-term sustainability and success of the communities and mining houses.

Historically, mining houses have always been important contributors to the country’s gross domestic product, GDP, and growth in the communities that they serve by providing employment and, very often, roads and schools. They are supposed to do all of this and more to make a sustainable impact on the future of these communities and South Africa as a whole, reaching far beyond the world of mining and its direct employees.

While it has become a South African franchise for adversarial groupings to find common ground for mutual benefit, this has been one of the initiatives of the NCOP during “Taking Parliament to the People”. The programme was aimed at ensuring that our people benefit from our national wealth and resources.

On the said programme and the prior visits that we have undertaken, we heard the cries of the communities with regard to the mining houses not fulfilling their obligations which they have set out in their mineral rights applications and with regard to the social and labour responsibilities towards the communities.

Recently, a joint declaration between the ANC-led South African government — hon Lees — labour unions big and small mining businesses has clinched a historic 13-commitment accord to grow and transform South Africa’s still well-endowed mining industry. This is a joint mining declaration which the Minister of Mineral Resources observes as a very important first step in the right direction.

A few of the commitments which I want to mention are sustainable development; acknowledging the importance of balancing economic benefits with social and environmental concerns without compromising the ability of future generations to meet their needs; supporting local beneficiation in order to unlock the intrinsic value of South Africa’s minerals — that is what the ANC government does, hon Lees — considering the establishment of the national beneficiation agency to drive downstream, upstream and side- stream beneficiation, as well as all industries associated with mining; and enlisting the support of strategic international partners to facilitate skills and technology transfer for the benefit of local beneficiation.

Recognising that mining communities form an integral part of mining development, the parties have committed to developing guidelines and adhering to community consultation processes, developing a partnership approach towards mine community development and considering the establishment of regional social development funds for effective implementation of social and labour plans. You see, hon Lees, the ANC listens and acts, not like the DA, which doesn’t have any alternative for that.

During our site visits, we witnessed that mine communities include both the surrounding mine host communities and major labour-sending areas, and that mining operations are in most cases located in remote areas often with less than salubrious facilities for the workforce. Realising that equity ownership provides an effective means of incorporating historically disadvantaged South Africans into the mainstream economy, ownership can afford historically disadvantaged South Africans an opportunity to influence the direction of the mining business in their area.

The Select Committee on Economic Development will vigorously embark on assisting the communities, as part of our oversight, in monitoring the mining houses’ commitments to reach a minimum target of 26% ownership by 2014 to enable meaningful economic participation of historically disadvantaged South Africans, which includes black economic empowerment, BEE, transactions being concluded with clearly identifiable beneficiaries in the form of BEE entrepreneurs – hon Watson — workers and communities; ensuring that some of the cash flow accrues to the BEE partner throughout the term of the investment, barring any unfavourable market conditions; ensuring that BEEs have full shareholder rights such as being entitled to full participation at annual general meetings and exercising of voting rights; and ensuring ownership vesting within the agreed timeframes of the BEE structure, taking into account the prevailing market conditions.

In conclusion, South Africa is a land endowed with incredible possibilities, and through the collaborative efforts of all relevant stakeholders, it is contended that much more can be done for our communities. I thank you.

Mr A WATSON: Deputy Chair, on a point of order: It is a little late, Madam. I was making a point of order on the speech that hon Adams was delivering. It had everything to do with the Department of Mineral Resources and nothing to do with “Taking Parliament to the People”. I suggest that it be scratched from the record. [Laughter.]

Mr Z MLENZANA: Chairperson, I don’t want us to be confused. I am referring to those of us who were never part of the triple-N or the National Party, when they fight about their own things and then bring them to this august House. [Laughter.]

Cope appreciated the warm welcome by the community of greater Sekhukhuneland despite poor and nondelivery of services. Cope agrees with the analysis reflected in the Announcements, Tablings and Committee Reports, ATCs. If one looks at both education and health issues, there is nothing to indicate that these are the two priorities of the government of the day. Here one talks of insufficient clinics; a shortage of doctors and medicine; poor or no school infrastructure; education officials who do not support schools that require support; low or totally no morale among teachers; and no co-operation from parents.

Furthermore, we fully agree that the fraud and corruption that is mentioned in the ATCs is endemic in that province. Hence we found poor-quality infrastructure and many projects left unfinished, some not done, while the contractors responsible were paid in full. One wonders what informs this push for the nationalisation of mines only in that particular province. Is it not informed or driven by personal interests?

Furthermore, the amount of money that Parliament committed to that particular programme demands that the NCOP should go back to Limpopo. I fully support the hon Chairperson of this House when he said that we should go back to Limpopo, to the same sites we visited before, for a follow-up programme. [Interjections.]

In conclusion, Cope is warning the government of the day. I always insist on referring to “the government of the day” as it should be borne in mind that this government won’t be here forever. It is the government of the day.

Let us tell you, the electorate is always sober and watching with interest. [Interjections.] So, they should not be taken for granted. If you consider the massive walkout on that day, 26 March 2010, it was a clear indication that people are tired of empty promises and should no longer be taken for granted. You said people were hungry when, in fact, they were tired of hearing promise after promise. So they decided to walk out and leave you. [Interjections.] The only person in that big tent who made sense to the people of that district was hon Bloem. That’s why he had a standing ovation, after which people felt that all was said and done. I thank you.

Mr E S MAAKE (Limpopo): Hon House Chairperson, I firstly would want to remind members of Cope that when this House arrived in Sekhukhune, the people stood to welcome members of the ANC. Secondly, in Limpopo, the majority has always voted for the ANC. Thirdly, you should also remember that the people of Limpopo have been engaged in the struggle for the liberation of South Africa.

Fourthly, I also want to remind members of Cope that there is no endemic fraud and corruption in Limpopo as they do not have any evidence thereof. The only time we learned about fraud and corruption was when the constituency money of this particular Parliament was taken to newspapers by the leadership of Cope. Even today they are still fighting over that.

We must indicate to the DA that the tears they were crying are crocodile tears in the sense that we are very much aware that we have been put under oppression for decades by the same people who are now today pretending to be divine people.

On the question of land, we are saying that we have been subjected to 13% landownership over time, and that the DA cannot talk about our chiefs and kings, as they beheaded some of our kings, including Kgosi Makhoba, King Bambatha, Sekhukhune himself …

The HOUSE CHAIRPERSON (Mr R J Tau): Hon member, there is a point of order; can you take it? Mr A WATSON: Chairperson, on a point of order: The speaker at the podium said that the DA beheaded some of their leaders. That is a fallacy and a lie, and he must withdraw it.

Mr E S MAAKE (Limpopo): I am not going to withdraw, but I’m going to continue and indicate that apartheid was declared a crime against humanity by the UN, and that the DA cannot proudly come and stand today to say apartheid was a better …

The HOUSE CHAIRPERSON (Mr R J Tau): Hon member, are you confirming that you are saying the DA beheaded those people? Are you reiterating that the DA beheaded those people?

Mr E S MAAKE (Limpopo): I am indicating that the apartheid regime, in which the DA participated, was part of that process.

Mr D A WORTH: Hon Chairperson, on a point of order: The DA was never a part of the apartheid government. I was never a part of it and, therefore, I ask … [Interjections.]

The HOUSE CHAIRPERSON (Mr R J Tau): Hon members, order! May I make a ruling on this particular matter? Of course it will be misleading to say the DA was part of the apartheid government or Parliament. The Democratic Party was part of the apartheid … [Interjections.]

Hon members, order! The Democratic Party was part of the apartheid Parliament; therefore, hon member, will you withdraw the word “DA” and, if I may advise, instead say “the Democratic Party”?

Mr E S MAAKE (Limpopo): I am withdrawing but amending that the Democratic Party was part of the process … [Applause.] … and that those members of the DA today were also members of the Democratic Party that participated …

Mr A WATSON: Will the speaker take a question? He is so brave …

The HOUSE CHAIRPERSON (Mr R J Tau): Hon members, the member is asking me whether the speaker is prepared to take a question. It is therefore my responsibility to confer with the speaker whether he is prepared to take a question.

Mr A WATSON: Thank you, Chair.

The HOUSE CHAIRPERSON (Mr R J Tau): Are you prepared to take a question, hon member?

Mr E S MAAKE (Limpopo): No, I am not prepared, Chair.

The HOUSE CHAIRPERSON (Mr R J Tau): The member is not prepared. Please proceed, hon member.

Mr E S MAAKE: Thank you, Chair. It seems as if there is a very serious issue about my time. However, I must indicate that during the 1976 uprisings around Bantu education, our students were killed by the then apartheid regime. I don’t believe that certain leaders can today attempt to say that they are talking on behalf of the students in our area.

True to the clarion call by the people of South Africa who gathered in Kliptown, Soweto, in 1955, that the people shall govern, the NCOP, the Limpopo provincial legislature and Limpopo municipalities gathered at Tubatse in the Sekhukhune area from 23 to 26 March 2010. This gathering culminated in serious interactions with the ordinary masses of our people under the theme: “Taking Parliament to the People.”

We are confident in Limpopo that, had the warrior-king, King Sekhukhune, been around during this particular event, he would have retorted that the blood and sweat spilt by his people in their uprising against their colonial masters was not in vain. It was at this event that we witnessed the people’s power and people’s government in motion. The people are indeed in governance in the Republic. Our people have been voting and have been voted into governance in this country, our beloved Republic of South Africa, which is presently under the able leadership of President Jacob Zuma of the ANC.

We are all aware that as we say that the people shall govern, the statement in itself bestows rights and obligations upon us all. More importantly, it brings with it the right to vote and the right to be voted into office. This brings with it the right of choice and the right to be chosen.

Unmistakably, the people of South Africa in general, and those of Limpopo in particular, have chosen and voted the ANC to be the ruling party of this country. We are confident that, through our deeds, this trend of choice shall continue whenever elections are called in this country, despite lesbian marriages which are being witnessed. [Interjections.]

We are prompted to say that the democratic dispensation in South Africa is very sweet and progressive, hence the kind of choices in relation to marriages, lest we witness domestic violence and the abuse of one partner by the other.

Mr A WATSON: Chairperson, on a point of order: I think the reference to lesbian marriages should be withdrawn. It is totally unparliamentary, and I do not see its relevance in the context of Taking Parliament to the People. I ask that you rule on that.

Mr T A MASHAMAITE: House Chair, the member who is at the podium never referred to any person. He just referred to the marriage so he is not out of order. Thank you. The HOUSE CHAIRPERSON (Mr R J Tau): Let me put it this way: If the member is still unsatisfied, I think we can check with Hansard and maybe give a ruling at the next sitting of the House in reference to the use of the word “lesbian”.

Mr E S MAAKE (Limpopo): Hon House Chairperson, Africans in this country have been subjected to degradation that has spanned centuries and this has had negative impacts on our people, even to this day. The then government turned us into owls. By that I mean that we have been turned into nocturnal animals. Thanks to the government of the ANC, we are today witnessing communities that have electricity. We are saying this well aware that we have not as yet arrived in this regard, but we have drawn up a realistic programme that is achievable. While our people continue to complain about electricity, we believe that in the end this will be a complaint of the past.

One of the most important aspects and challenges facing our country is economic development. In Sekhukhune this challenge faces us in the wake of the emergence of platinum mining after the discovery of large tracks of platinum. This development is a good indicator for all South Africans.

On the other hand, we cannot continue to see our people suffering whilst they are witnessing tons and tons of riches extracted from their soil for the benefit of the few. It is high time that, as South Africans, we balance the interests of our communities with the interests of the few.

We have had the opportunity to revisit the area of Sekhukhune and, in particular, the Leolo Mountains, where it was indicated during the Taking Parliament to the People visit that mothers die in community hands because the roads are not navigable and people cannot access health facilities such as ambulances. The community spoke the truth as the Mercedes Benz Vito, our allocated transport, could not ascend the mountains and we had to exercise our muscles going up the mountain to witness first-hand what is happening there.

Upon reaching the area, we found that the only visible marks of our government in the area are some RDP houses. The schools that are found in the area are dilapidated, the clinic is a tin house donated by community individuals, and the paypoint is a kraal which is the result of a community initiative.

We are therefore appealing to the national government to ensure that we turn this situation around as soon as possible. Since we have confidence in the ANC, we are thanking you in advance for ensuring that the plan is carried out.

Jane Furse in Makhuduthamaga must, as a matter of urgency, be turned into a rural development node. The area has the potential to develop into one of the first rural towns under the democratic dispensation. “The doors of learning and culture shall be opened.” Sekhukhune needs a university and the community is continually asking for one. Let us turn this into a reality so that we can turn our people there into better persons, equipped with the knowledge to manage and produce their own wealth.

As Limpopo, we therefore move for the adoption of the report on the “Taking Parliament to the People” programme undertaken in Limpopo from 23 to 26 March 2010. I thank you. [Applause.]

Prince M M M ZULU: Chairperson, hon members, the IFP supports the initiative of Taking Parliament to the People. It is very important that South Africans are able to engage on all matters that they are confronted with in their cities, towns, and rural areas on a daily basis. As Parliament, we are bound to make sure that we listen to the voices of the people out there.

I-IFP ikweseka ngokuphelele ukuhanjiswa kwePhalamende kubantu, ngoba noMthethosisekelo wezwe uyakubalula ukuthi njengezisebenzi zomphakathi, kufanele lokhu kwenzeke sihambe siye kubona abantu.

Kodwa-ke, Mhlonishwa Sihlalo, uMnu Mahlangu, ukhuluma into enkulu uma ekhuluma ngokuthi wonke amazinga kahulumeni kufanele abambisane. Kuyisicelo sami esikhulu njengendoda yakwaZulu, uMuntukaphiwana Zulu, uMbongiseni uMilton, ukuba ukubhekisise kahle ukuthi ezifundazweni zethu eziyisishiyagalolunye, kukhona ukubukela phansi omasipala ngendlela engakaze ibonwe okudala ukuthi kube nokuncintisana, kanti akukho ukuncintisana emnyangweni kahulumeni.

Ngokufunda kwami uMthethosisekelo wezwe, angazi noma ngisuke ngiwubhekise phansi yini, umhlonishwa uSomlomo WoMkhandlu Kazwelonke Wezifundazwe noweNdlu kaZwelonke, basezingeni elilinganayo. Isicelo sami sisodwa-ke mhlonishwa kuyofanele ukuthi niyihlalele phansi le ndaba niyixoxe.

Indlu Yesishayamthetho Sikazwelonke iyodwa ayisilo iPhalamende, naleNdlu Yomkhandlu Kazwelonke Wezifundazwe ayisilo iPhalamende iyodwa, siyiphalamende sihlangene sisonke. Bese nifundisana kahle ukuthi amandla okusebenza nabelana kanjani, ngoba leNdlu ingaphezu kwazo zonke izindlu eNingizumu Afrika uma ngibuka, ngoba zonke izifundazwe zimelwe la. Izindaba ziqala la ngaphambi kokuba ziyi laphaya kobhuti abadala.

Ngaleyo ndlela kufanele nihlale phansi nibonisane ukuthi lezo zinto ningazenza kanjani, ngoba ukuthatha iPhalamende niliyise kubantu, yilapho abantu bezokwazi khona ukubeka izimvo zabo, banihlabe njengamalungu ephalamende bathi anisebenzi, uma kunjalo. Nikwazi ukubona ukuthi nizokwenzanjani ukuze kube nenqubekela phambili. Njengabantu ababegqilazekile mhlonishwa, kufanele abantu bakithi bazuze ezweni lethu. Kuwo wonke amaqembu ezepolitiki. Ngiyazi ukuthi intando yeningi ithi kufanele kuphikiswane … (Translation of isiZulu paragraphs follows.) [The IFP fully supports the initiative of Taking Parliament to the People, because even the country’s Constitution states that we must do this as public servants. We need to go to the people.

However, hon Chairperson, Mr Mahlangu says all the spheres of government must work together. It is my humble request as Mr Muntukaphiwana Mbongiseni Milton Zulu that you pay the same amount of attention to all our nine provinces. The municipalities are looked down upon like never before, which leads to competition, whereas there is no competition between government departments.

When I read the Constitution — I don’t know if I read it facing down — the hon Speaker of the National Council of Provinces and the Speaker of the National Assembly are at the same level. My only request, hon member, is that you must sit down and discuss this matter.

The House of the National Assembly alone is not Parliament, and the House of the National Council of Provinces alone is not Parliament either; together we make Parliament. You must also influence each other on how to separate and share powers, because I think this House is above all the Houses in South Africa, because all the provinces are represented here. The discussion starts here, after which it is forwarded to the big brothers.

In that way, you must sit down and discuss how you are going to do things, because the Taking Parliament to the People programme is where people can have their say, criticising you as the Members of Parliament by, for example, saying that you do not deliver, if that is the case. So that you can see what you need to do so that there can be some progress. We were oppressed. Our people from all political parties must benefit in our country. I know that democracy means that there must be debates …]

… debating is part of a democratic process …

… kodwa ukuphikisana kwethu makube ngokwakhayo. Abantu bakithi balambile, bacindezelwa ubandlululo iminyaka, baboshwa, baba yizigqila zombusazwe, kodwa akumele sithi akufanele iPhalamende lihambele kubantu, ngoba kufanele sakhe thina iphrojekthi yethu, ibe iphrojekthi eqondile kwazeke ukuthi, sizokwenzanjani ukufeza izidingo zabantu, sazi ukuthi siyaqala ukuba kuhulumeni, kule minyaka engu 16 nje sikuhulumeni, kufanele sibone ukuthi sizokwenza njani ukufundisisa umthetho sibe nemihlangano yokucobelela ulwazi, ukuze sikwazi ukubheka izinto zakithi. Ngiyabonga. (Translation of isiZulu paragraph follows.)

[… but our debates must be constructive. Our people are hungry, they were oppressed by apartheid for years; they were arrested and became political slaves. We must not say that Parliament must not be taken to the people, because we have to make our project a straightforward one so that we know what needs to be done to take care of people’s needs. We must know that we are in government for the first time. In these 16 years in government we must know what to do to understand the law and have workshops, so that we are able to attend to our duties. Thank you.]

Mna T A MASHAMAITE: Mohlomphegi Modulasetulo, ke leboga go fiwa sebaka se sa gore le nna ke tšee karolo dipoledišanong tša pego ya Taking Parliament to the People. Re tla be re šola ge re ka re re kgethilwe ke batho ra se ye go bona.

Eupša pele ke tsena polelong ya ka - tše ntši di šetše di boletšwe - ke rata go laetša gore ga re a swanela gore ge re etla mo pele mo re tle go bolela le setšhaba ka mo Ngwakong ra apara matlalo a dinku goba a dinkwe mola re le dipudi. Re swanetše go bolela dinnete. Leloko le lengwe le boletše mo gore mmušo wa ANC o thwetše barutiši bao ba sa rutegago; bao ba sa tsebego go ruta bana dikolong. Setatamente se ga se sa maleba ebile ga se sa nnete. Se ke go foraforetša Ngwako wo le setšhaba. Ga ke kgolwe gore go na le mmušo wo o lego gona wa go tšea gabotse go swana le wa ANC wo o ka kgonago go thwala batho bao ba sa kgonego go ruta bana. [Tšhwahlelo.] (Translation of Sepedi paragraphs follows.)

[Mr T A MASHAMAITE: Hon Chairperson, thank you for affording me the opportunity to take part in the debate about the report on the Taking Parliament to the People programme. It will be unfair to the people who elected us if we do not go visit them.

A lot has been said already but let me indicate that we must not claim to be smart when we speak in the House. We have to tell the facts. One of the members indicated that the ANC government employed unqualified teachers who are not even competent in teaching. This statement is not true and again the member lied to both the House and the gallery. I do not believe that the ANC government can employ teachers who are not competent in teaching. [Interjections.]]

Mr T D HARRIS: Chair, on a point of order: If the interpretation is correct, the member is accusing another member of lying to the House. He did not specify which member. So, I would like to ask you to rule on whether it is parliamentary to accuse another member of lying. And, if he did accuse him of that, which member was he referring to?

The HOUSE CHAIRPERSON (Mr R J Tau): Which member did he accuse of lying?

Mr T D HARRIS: He said another member in this debate said these things and that he was lying.

The HOUSE CHAIRPERSON (Mr R J Tau): I didn’t pick that up. It’s going to be difficult if you say that he said “a member” without any specific reference to a particular member. [Interjections.]

Mr T D HARRIS: Chair, he is speaking about a member and he said that member is lying. [Interjections.]

The HOUSE CHAIRPERSON (Mr R J Tau): Can I satisfy myself and refer to Hansard? We can then make a ruling after that because I didn’t pick it up.

Mr T A MASHAMAITE: Ke a leboga, Morena Modulasetulo. Ke akanya gore ntlha ya ka ke e boletše gomme e kwagetše.

Ke boela tabeng ye e boletšwego ke Modulasetulo gore go ya ga rena Ga- Sekhukhune go šetše go laetša go tliša dikenywa ka ge go šetše go na le tšeo di dirwago ka ga dillo tšeo di tšweleditšwego ke batho mabapi le ditirelo. Ke gopola gore lenaneo le la Taking Parliament to the People le bohlokwa kudu ka moo e lego gore re swanetše go le tiiša le go le kaonafatša gore le tle le kgone go tlišetša batho ba gaborena ditirelo ka mo go nyakegago ka gona.

Modulasetulo o boletše mo gore go šetše go dirilwe mananeo a mangwe a thušo. Re leboga mananeo ao, le ge e le gore pego ka ga wona ga se ešo e tle semmušo mo Ngwakong.

Ke nnete gore naga ya Ga-Sekhukhune ke naga yeo e nago le bodiidi - bodiidi bjo bo bonagalago le ge o sepela gona. Mmušo le Palamente di swanetše go bona gore di fokotša bodiidi bjo - maloko a mangwe a šetše a boletše ka ga se. Eupša ke rata go šupetša gore mogongwe nako ye re e fago lenaneo le la Taking Parliament to the People ga e a lekana gore batho ba ka bolela dilo tšeo di ba tshwenyago mabapi le ditirelo ka moka ga tšona. Mogongwe re ka oketša matšatši a lona gomme la ba matšatši a mahlano a go tlala. Ke bolela se ka lebaka la gore ke bone re kopana le batho matšatšing a mararo – go tloga ka di 23 go fihla ka di 26. Nako ye ke ye nnyane kudu kudu bathong ba gaborena go ya ka nna. Ke gopola gore re lebelele gore na re ka se kgone go oketša nako ye. Se se tla fa le batho bao ba šomago sebaka sa go ba gona lenaneong le ka gore le bona ba na le mathata. Bona ba tla be ba sa ile mešomong ge re bolela le batho mosegare. Ke kgopela gore re e le lebedišiše taba ye ya go okeletša batho ba gaborena nako.

Bjalo ka ge ke šetše ke boletše, lenaneo le le swanetše go tšwela pele gore setšhaba se humane monyetla wa go bolela le baemedi ba sona go laetša matshwenyego a sona mabapi le ditirelo gore maphelo a sona a kaonafale. Go tšea Palamente gomme ra e iša bathong go kopanya dikgoro ka moka tša mmušo go tee gore di tlo kwa batho gore ba lla ka ditirelo tša mohuta mang. Se sengwe seo ke bonego se ntshwenya ke gore o tla humana kgoro e bolela gore ga e na ditekanyetšo tša selo se itšego gomme e ka se sa kgona go se dira selo seo. Ka mantšu a mangwe, go iša ga rena Palamente bathong go ba gona morago ga ge ditekanyetšo di šetše di fetile. Ka gona, Bomokhuduthamaga goba dikgoro di na le go khuta ka taba ya gore ga go na ditekanyetšo tša selo se itšego. Eupša o humana e le gore batho ba bolela ka selo seo se ba sokotšago gomme ba se nyaka ka yona nako yeo. Re swanetše re e lebelele taba ye ya gore dikgoro di tšhirele ka taba ya gore ga go na tšhelete ya go dira dilo tše itšego.

Sa mafelelo se ke ratago go se bolela ke gore ke nnete re swanetše go boela Ga-Sekhukhune bjalo ka dikomiti tša Palamente. Re swanetše go boela gore batho ba Ga-Sekhukhune ba se feletše go re bona letšatšing lela re išitše Palamente go bona. Re swanetše go boela go bona re yo dira ditekolo.

Ke šikinya gore Ngwako wo o amogele pego ye gore re tle re kgone go šoma ka yona go lekola gore na mafapha a šomela ditšhaba tša gaborena.

Ke a leboga [Legofsi.] (Translation of Sepedi paragraphs follows.)

[Mr T A MASHAMAITE: Thank you, hon Chairperson. I think I presented my facts clearly.

I am back to the statement made by the Chairperson about our oversight visit to Ga-Sekhukhune. The oversight visit is already bearing fruit because the people’s concerns on service delivery are already being responded to. The programme of Taking Parliament to the People is very important. We have to enhance it so that it benefits the people in terms of service delivery.

The Chairperson indicated that there are other support programmes in place. We appreciate that, even though a report on those programmes has not yet been formally brought to the House.

It is true that Ga-Sekhukhune has been hard hit by poverty. The government, together with Parliament, have to intervene to reduce poverty in that area

• this has already been said by other members. I would like to indicate that the total number of days allocated for the programme of Taking Parliament to the People is not enough for people to state all their concerns. We can maybe increase the number of days to five because we only met with the people from 23-26 March. I suggest that we look into this because people who are working will also be accommodated. We usually talk to the people during the day when the workers are at their respective workplaces.

This programme must be continued for the public to get a chance to voice their concerns with regard to service delivery in order to improve their lives. The Taking Parliament to the People programme enables the different government departments to meet and listen to people’s concerns. I sometimes get disturbed when the government department indicates that there is no budget for something and therefore that very thing will not be done. We take Parliament to the people after budget allocations. Government departments have a tendency of using a lack of budget as an excuse for not delivering on services that are urgently needed by the people. This matter needs serious attention.

Lastly, we have to organise another oversight visit to Ga-Sekhukhune. I suggest that the House accepts this report so that we can use it to evaluate delivery by government departments.

Thank you. [Applause.]]

The HOUSE CHAIRPERSON (Mr R J Tau): Hon members, it has been brought to my attention that there seems to be a problem with the interpreting system, which could have also led to some misinterpretation or which can lead to misinterpretation of what members are saying. So, just bear with the system. I think they are working on it.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): House Chairperson, hon M J Mahlangu, and all hon members, our visit to the Greater Sekhukhune District Municipality took place within a particular context. Apart from pursuing our objectives for this term of Parliament, there was a strong human rights element, given that this visit took place in March.

Interestingly, International Women’s Day falls on 8 March, while our National Women’s Day falls on 9 August, the month we chose for the consideration of this report. In line with the struggle for women’s rights, I have picked up one particular concern in the report that relates to women, children and people with disabilities.

The report notes that the needs of these groups are often not met, especially in relation to jobs, education, housing and access to transport, as well as access to buildings by people with disabilities. It states that women are vulnerable to violence, human trafficking and harmful cultural practices such as ukuthwala, which is the kidnapping of young women – girls, to be specific – who are forced into marriages, often with much older men.

The questions that we must ask ourselves are: How can this happen in the age of human rights? What can we do, especially in this Women’s Month, to ensure that these violations of human rights and women’s rights are stopped? Our commitment to addressing these challenges is not in question. In fact, we have a progressive Constitution that enshrines the rights of all groups in society. Perhaps the challenge we must tackle is the pace at which we are moving towards addressing them.

As part of our oversight function, we have to ensure that people’s lives are improved and get better. Our strategic document notes that: In the performance of oversight over the above-mentioned areas there is a need to look at the impact on vulnerable groups, including women and children. Oversight work should take into consideration government’s commitments to job creation and the improvement of the living and working conditions of the people.

We know that we have inadequate resources to tackle the challenges, but we need to check, especially through our committees, whether our priorities in the area of social transformation are in line with our aspirations.

One of the core functions of Parliament is to facilitate public participation, hence the NCOP embarked on this programme to meet the people in Limpopo. Public participation is the key to ensuring that government understands the needs of the people, to make decisions that will meet those needs in the best way possible. There is no better way to understand the needs of the people than to go to them to see, feel, listen to and be part of their daily struggles.

Now that we have engaged in dialogue with the people of Limpopo, the next logical step is to forge ways to find the desired solutions. The report makes some recommendations which we must consider as we reflect on the outcome of this exercise. For example, the report recommends that the NCOP should support government’s commitment to assist vulnerable groups to enhance their quality of life through the provision of a full range of services, including access to transport, bursaries and the inclusive approach to education which would integrate the needs of those with disabilities.

The NCOP’s commitment in this regard is not in doubt. We must remember that the Constitution strategically places us, as the NCOP, within our intergovernmental relations system. The Constitution states that all spheres of government – national, provincial and local – have to make it easy for people to participate in government.

However, government alone cannot build a better life. It is important that communities and all stakeholders become partners of government. So, it is us, Parliament, as the voice of the people, who must encourage them to participate in government programmes and in influencing decisions, as we have done in Limpopo.

The issues raised by the people of Burgersfort are still indelible in our minds. And it makes one proud that our democracy is able to promote and sustain rigorous discussion on serious service delivery challenges in trying to reconstruct our country. Section 72(1) of the Constitution provides that the National Council of Provinces must facilitate public involvement in the legislative and other processes of the Council and its committees. It must conduct its business in an open manner and hold its sittings, and those of its committees, in public.

The Taking Parliament to the People programme in Limpopo underscored the importance of people’s involvement in their own governance. It communicated a clear message to our people that nothing about them can ever be done without their presence and full participation. The report itself leaves no doubt that we have to do a follow-up. This is explicit in some of the recommendations made in the report, and we have already started engaging the legislature in Limpopo on the same issues.

Committees that are following up on the various issues raised in the report must pay particular attention to the integrated development plans, IDPs, of the various municipalities. I say this because most of the complaints and issues raised by the people relate to issues that are reflected, in some way, in the IDP. IDPs are important to us, as we are the overseers of intergovernmental relations and co-operative governance. They are an important part of our oversight work, and I am pleading with everybody in this House that, if we work together, we are bound to overcome quite a lot of hurdles.

Let us forget about different affiliations when we deal with the very destitute people in rural areas. Let us tell ourselves that we are part of the African community, and pledge ourselves to see to it that we pull them out of those ruts and enable them to live a better life. Thank you. [Applause.]

The CHAIRPERSON OF THE NCOP: House Chairperson, once more, to respond to the debate, allow me to start with this quote, which I remembered when people were debating here. This reminded me of Rev Martin Luther King, Jr. He said:

I have a dream that one day on the red hills of Georgia the sons of former slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood … I have a dream that my four little children will one day live in a nation where they will not be judged by the colour of their skin but by the content of their character … I have a dream that one day every valley shall be exalted, every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight; “and the glory of the Lord shall be revealed, and all flesh shall see it together.”

That is what Martin Luther King, Jr said and he was addressing thousands of Americans when he wanted them to be delivered from slavery in the United States of America in those days, young as he was. I think we are very fortunate in South Africa that we have achieved the dream that we always wanted to achieve. We have it, and we are lucky that we did it without shedding a lot of blood. We did it by ourselves, without actually tearing each other into pieces although there have been casualties along the way.

What I want to say today is that I, as long as I am in this leadership position, and other people of the NCOP will commit ourselves to work tirelessly for the people of South Africa, who have worked with us on the ground for their benefit and to make their lives much better. In leadership positions such as we hold, the significant problems we have today cannot be solved at the same level of thinking as some people created them in the past. We have to have different thinking today. We need a generation that can think differently. We need a generation that can channel things differently. We need a generation that can say: Here are the communities of South Africa; they are looking to us.

The hope of the Christians is Jesus Christ, that one day they will be in heaven. The hope of the communities of South Africa are the politicians who are seated here, that one day they will benefit from what they are doing, the laws they are making, the service delivery that is taking place; and nothing else. [Applause.]

Therefore, hon members, we cannot come into the House like this and be negative all together as MPs and throw the table and say there is nothing we can do; everything is bad, and everything is above our shoulders, and all we can do is stand here and lament and cry like small babies and children, without coming with new thinking, new objectives and goals, that our people can achieve in this country, South Africa, that we all so love. I think I should say again that we are blessed. When you want to improve in this world, never be negative in your life. When you want to improve this world, change your attitude and associate yourself with those people who can think better and make life better for other people. You are not here because you are very important, but you are here because the people thought you can make their lives better.

That is the reason we are here, and that is why we have to do this job. Never mind the workload that we have; we have to carry it. Never mind how heavy it is; we have to carry it until such time as we can say that we have achieved what we wanted to achieve. We will work for the people of South Africa, whether they are in KwaZulu-Natal, Free State, North West, Gauteng, or Mpumalanga. The commitment should be: We will achieve those things; nothing is above our shoulders.

Therefore, I want to say to you all today that we shouldn’t be lamenting, but we should come with the problems and stand here and say what it is that the NCOP can do to change things in terms of co-operative governance, like Umntwana [Prince] Zulu has said. What can we do to work together? Colour doesn’t matter in this case. [Applause.] Sexism does not matter in this case.

When you are hungry, you are hungry. When you are sick, you are sick. When you have to travel, you need the road. It does not matter who you are. All those things need us, as politicians, to address them and one day stand tall and be proud and say that during the term of our service, we have been in a position to achieve these things. I thank you all for contributing during this debate, and we will continue to lead and lead and lead until we achieve the results that we want. [Applause.]

Debate concluded.

The HOUSE CHAIRPERSON (Mr R J Tau): Hon members, that concludes the debate. I shall now put the question. The question is that the report be adopted or agreed to. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the House. Are all delegation heads present in the House?

HON MEMBERS: Yes!

The HOUSE CHAIRPERSON (Mr R J Tau): In accordance with Rule 71, I shall first allow provinces the opportunity to make a declaration of vote. Is there any province that wishes to make a declaration?

We shall now proceed to the voting on the question. I shall do this in alphabetical order per province. Delegation heads must please … Because of the problem with the system, I don’t know whether it is working.

An HON MEMBER: It is working.

The HOUSE CHAIRPERSON (Mr R J Tau): Is it working? I guess by now we know how the system works. All delegation heads are to insert their cards and to press number one for their presence and so forth. We now come to the voting. When I call the name of the province, the delegation head will press the relevant button to vote.

It would be wise, hon members, in future, to avoid creating confusion for the presiding officer and for the delegation heads to sit where they should sit because I am looking at the chairs now - but it is fine. Have all provinces voted now? You have an opportunity now if by any chance you have voted wrongly. Voting shall therefore be closed. May I be assisted with the results?

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

Report accordingly adopted in accordance with section 65 of the Constitution.

Council adjourned at 17:11. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

                         MONDAY, 7 JUNE 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Classification of Bills by Joint Tagging Mechanism (JTM) (1) The JTM, in terms of Joint Rule 160(6), classified the following Bill as a section 75 Bill:

    a) Defence Amendment Bill [B 11 – 2010] (National Assembly – sec
       75).
   

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a)     Consolidated General Report of the Auditor-General on Local
    Government Audit Outcomes for 2008-09 [RP 89-2010].

(b)     Consolidated General Report of the Auditor-General on
    Provincial Audit Outcomes for 2008-09 [RP 74-2010].

National Council of Provinces

1. The Chairperson

(a)     2009 UNICEF South Africa Annual Report.


     Referred to the Select Committee on Women, Children and People with
     Disabilities for consideration.

     Referred to the Select Committee on Social Services for
     consideration.

                        MONDAY, 14 JUNE 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Introduction of Bills

 (1)    The Minister of Mineral Resources


      a) Geoscience Amendment Bill [B 12 – 2010] (National Assembly –
         proposed sec 75) [Explanatory summary of Bill and prior notice
         of its introduction published in Government Gazette No 33014
         of 12 March 2010.]


         Introduction and referral to the Portfolio Committee on Mining
         of the National Assembly, as well as referral to the Joint
         Tagging Mechanism (JTM) for classification in terms of Joint
         Rule 160.


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

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Labour

   (1) Report and Financial Statements of the Public Service Sector Education Training Authority (PSETA) for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-2009 [RP 100-2009].

2. The Minister for Cooperative Governance and Traditional Affairs

   (1) Draft Regulations on the participation of municipal staff members as candidates for National, Provincial and Local Elections. National Council of Provinces

3. The Chairperson

(1)     Responses of the Minister of Finance to the Report of the
    Select Committee on Appropriations on the Division of Revenue Bill,
    2010 [B 4 - 2010].

    Referred to the Select Committee on Appropriations for
    consideration.

                        MONDAY, 21 JUNE 2010 ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Assent by President in respect of Bills

   1) Appropriation Bill [B 3 – 2010] – Act No 3 of 2010 (assented to and signed by President on 15 June 2010).

2. Draft Bills submitted in terms of Joint Rule 159

(1)    Deeds Registries Amendment Bill, 2010, submitted by the Minister
     of Rural Development and Land Reform.
(2)    Sectional Titles Amendment Bill, 2010, submitted by the Minister
     of Rural Development and Land Reform.


Referred to the Portfolio Committee on Rural Development and Land
Reform and the Select Committee on Land and Environmental Affairs.

                        MONDAY, 28 JUNE 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Introduction of Bills

 (1)    The Minister of Rural Development and Land Reform


      a) Deeds Registries Amendment Bill [B 13 – 2010] (National
         Assembly – proposed sec 75) [Explanatory summary of Bill and
         prior notice of its introduction published in Government
         Gazette No 33316 of 21 June 2010.]


         Introduction and referral to the Portfolio Committee on Rural
         Development and Land Reform of the National Assembly, as well
         as referral to the Joint Tagging Mechanism (JTM) for
         classification in terms of Joint Rule 160.
         In terms of Joint Rule 154 written views on the classification
         of the Bill may be submitted to the JTM within three
         parliamentary working days.


      b) Sectional Titles Amendment Bill [B 14 – 2010] (National
         Assembly – proposed sec 75) [Explanatory summary of Bill and
         prior notice of its introduction published in Government
         Gazette No 33316 of 21 June 2010.]


         Introduction and referral to the Portfolio Committee on Rural
         Development and Land Reform of the National Assembly, as well
         as referral to the Joint Tagging Mechanism (JTM) for
         classification in terms of Joint Rule 160.


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

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a)     Annual report of the Judicial Service Commission for the
    financial year ended 30 June 2009.

1. The Minister of Finance

(a)     Agreement between the Government of the Republic of South
    Africa and the Government of the Republic of Uganda regarding Co-
    operation and Mutual Assistance between their Customs
    Administrations, tabled in terms of section 231(3) of the
    Constitution of the Republic of South Africa, 1996.


 b) Explanatory Memorandum to the Agreement regarding Co-operation and
    Mutual Assistance between their Customs Administrations between the
    Government of the Republic of South Africa and the Government of
    the Republic of Uganda.

1. The Minister of Trade and Industry

(a)     Strategic Plan of the Small Enterprise Development Agency
    (SEDA) for 2010/11 – 2012/13.


(b)     Corporate Plan of the South African Bureau of Standards (SABS)
    for 2010 - 2013.


(c)     Business Plan and Budget of the National Lotteries Board for
    2010/11 – 2012.


(d)     Strategic Plan of the National Gambling Board (NGB) for 2010 -
    2013.


(e)     Strategic Plan of the National Metrology Institute of South
    Africa (NMISA) for 2010 - 2013.


(f)     Strategic Plan of the National Credit Regulator (NCR) for
    2010/11 - 2015.


(g)     Strategic Plan of the National Regulator for Compulsory
    Specifications (NRCS) for 2010 - 2013.


(h)     Corporate Strategic Plan of the Estate Agency Affairs Board of
    South Africa for 2010/11 - 2012/13.
(i)     Strategic Plan of the National Consumer Tribunal for 2011 -
    2013.


(j)     Corporate Strategic Plan of the Export Credit Insurance
    Corporation of   South Africa Limited for 2010/11 - 2012/13.


(k)     Strategic Plan of the South African National Accreditation
    System (SANAS) for 2010/11 - 2012/13 [RP 63-2010].


(l)     Consolidated Strategic Plan of the National Empowerment Fund
    for 2010/11 – 2012/13 and Business Plan for 2010 - 11.

                         MONDAY, 5 JULY 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Draft Bills submitted in terms of Joint Rule 159 (1) Independent Police Investigative Directorate Bill, 2010, submitted by the Minister of Police.

(2)    Civilian Secretariat of Police Bill, 2010, submitted by the
     Minister of Police.
Referred to the Portfolio Committee on Police and the Select Committee
on Security and Constitutional Development.

                        MONDAY, 12 JULY 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Introduction of Bills

 (1)    The Minister of Police


      a) Independent Police Investigative Directorate Bill [B 15 –
         2010] (National Assembly – proposed sec 76) [Explanatory
         summary of Bill and prior notice of its introduction published
         in Government Gazette No 33357 of 5 July 2010.]


         Introduction and referral to the Portfolio Committee on Police
         of the National Assembly, as well as referral to the Joint
         Tagging Mechanism (JTM) for classification in terms of Joint
         Rule 160.


         In terms of Joint Rule 154 written views on the classification
         of the Bill may be submitted to the JTM within three
         parliamentary working days.
      b) Civilian Secretariat for Police Service Bill [B 16 – 2010]
         (National Assembly – proposed sec 76) [Explanatory summary of
         Bill and prior notice of its introduction published in
         Government Gazette No 33357 of 5 July 2010.]


         Introduction and referral to the Portfolio Committee on Police
         of the National Assembly, as well as referral to the Joint
         Tagging Mechanism (JTM) for classification in terms of Joint
         Rule 160.


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

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a)     Report of the Auditor-General on an investigation into certain
    alleged procurement irregularities at the Department of Water
    Affairs [RP 120-2010].

National Council of Provinces

1. The Chairperson

(a)     Draft Regulations on the participation of municipal staff
    members as candidates for National, Provincial and Local Elections.


    Referred to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration and report.


                       THURSDAY, 15 JULY 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Draft Bills submitted in terms of Joint Rule 159

(1)    South African Citizenship Amendment Bill, 2010, submitted by the
     Minister of Home Affairs.
     Referred to the Portfolio Committee on Home Affairs and the Select
     Committee on Social Services.

(2)    Births and Deaths Registration Amendment Bill, 2010, submitted
     by the Minister of Home Affairs.


     Referred to the Portfolio Committee on Home Affairs and the Select
     Committee on Social Services.

1. Introduction of Bills

 (1)    The Minister of Home Affairs


      a) South African Citizenship Amendment Bill [B 17 – 2010]
         (National Assembly – proposed sec 75) [Explanatory summary of
         Bill and prior notice of its introduction published in
         Government Gazette No 33356 of 5 July 2010.]


         Introduction and referral to the Portfolio Committee on Home
         Affairs of the National Assembly, as well as referral to the
         Joint Tagging Mechanism (JTM) for classification in terms of
         Joint Rule 160.


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


      b) Births and Deaths Registration Amendment Bill [B 18 – 2010]
         (National Assembly – proposed sec 75) [Explanatory summary of
         Bill and prior notice of its introduction published in
         Government Gazette No 33356 of 5 July 2010.]


         Introduction and referral to the Portfolio Committee on Home
         Affairs of the National Assembly, as well as referral to the
         Joint Tagging Mechanism (JTM) for classification in terms of
         Joint Rule 160.
         In terms of Joint Rule 154 written views on the classification
         of the Bill may be submitted to the JTM within three
         parliamentary working days.


                        FRIDAY, 16 JULY 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Draft Bills submitted in terms of Joint Rule 159

(1)    Higher Education Laws Amendment Bill, 2010, submitted by the
     Minister of Higher Education and Training.


     Referred to the Portfolio Committee on Higher Education and
     Training and the Select Committee on Education and Recreation.
(2)    Higher Education and Training Laws Amendment Bill, 2010,
     submitted by the Minister of Higher Education and Training.


     Referred to the Portfolio Committee on Higher Education and
     Training and the Select Committee on Education and Recreation.

(3)    Skills Development Levies Amendment Bill, 2010, submitted by the
     Minister of Higher Education and Training.


     Referred to the Portfolio Committee on Higher Education and
     Training and the Select Committee on Education and Recreation.

1. Classification of Bills by Joint Tagging Mechanism (JTM)

(1)    The JTM in terms of Joint Rule 160(6) classified the following
     Bill as a section 75 Bill:

      a) Geoscience Amendment Bill [B 12 – 2010] (National Assembly –
         sec 75).

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Justice and Constitutional Development

 a) Proclamation No R. 25 published in Government Gazette No 33254
    dated 28 May 2010: Commencement of the Judicial Service Commission
    Amendment Act, 2008 (Act No 20 of 2008).


 b) Proclamation No R. 21 published in Government Gazette No 33190
    dated 14 May 2010: Referral of matters to existing Special
    Investigating Unit and Special Tribunal, in terms of the Special
    Investigating Units and Special Tribunals Act, 1996 (Act No 74 of
    1996).
 c) Government Notice No 423 published in Government Gazette No 33208
    dated 21 May 2010: Annexure of certain districts to other districts
    for the duration of the 2010 FIFA World Cup Tournament, in terms of
    the Magistrate’s Courts Act, 1944 (Act No 32 of 1944).


 d) Government Notice No 424 published in Government Gazette No 33209
    dated 21 May 2010: Determination of maximum amount of fine, in
    terms of the Sheriffs Act, 1986 (Act No 90 of 1986).


  e) Government Notice No 356 published in Government Gazette No 33164
     dated 7 May 2010: Regulation on exhumation, reburial or symbolic
     burial of deceased victims, in terms of the Promotion of National
     Unity and Reconciliation Act, 1995 (Act No 34 of 1995).


  f) Government Notice No R.198 published in Government Gazette No 33021
     dated 19 March 2010: Notice in terms of section 31 of the
     Regulation of Interception of Communications and Provision of
     Communication-Related Information Act, 2002 (Act No 70 of 2002):
     Postal Service Providers.


  g) Government Notice No R.250 published in Government Gazette No 33067
     dated 31 March 2010: Regulations relating to children’s courts and
     international child abduction, in terms of the Children’s Act, 2005
     (Act No 38 of 2005): Postal Service Providers.


  h) Government Notice No R.251 published in Government Gazette No 33067
     dated 31 March 2010: Regulations relating to child justice, in
     terms of the Child Justice Act, 2008 (Act No 75 of 2008).
  i) Government Notice No R.252 published in Government Gazette No 33067
     dated 31 March 2010: Directives in terms of section 97(4) of the
     Child Justice Act, 2008 (Act No 75 of 2008).


  j) Government Notice No R.273 published in Government Gazette No 33092
     dated 1 April 2010: Determination of persons or category or class
     of persons competent to conduct the evaluation of criminal capacity
     of a child and the allowances and remuneration, in terms of the
     Child Justice Act, 2008 (Act No 75 of 2008).

1. The Minister of Finance

   a) Government Notice No 560 published in Government Gazette No 33309 dated 25 June 2010: Exemption in terms of section 74 of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).

   b) Government Notice No 472 published in Government Gazette No 33241 dated 4 June 2010: Borrowing powers of water boards listed under Schedule 3 Part B of the Act, Public Finance Management Act, 2001 (Act No 38 of 2001).

   c) Government Notice No 473 published in Government Gazette No 33241 dated 4 June 2010: Borrowing powers of water boards listed under Schedule 3 Part B of the Act, Public Finance Management Act, 2001 (Act No 38 of 2001).

2. The Minister of Home Affairs

   a) Employment Equity Report of the Department of Home Affairs for 2008- 2009, in terms of section 22(2) of the Employment Equity Act, 1998 (Act No 55 of 1998).

                     MONDAY, 19 JULY 2010
   

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Draft Bills submitted in terms of Joint Rule 159

(1)    Transport Laws Repeal Bill, 2010, submitted by the Minister of
     Transport.


     Referred to the Portfolio Committee on Transport and the Select
     Committee on Public Services.

(2)    Local Government: Municipal Systems Amendment Bill, 2010,
     submitted by the Minister for Cooperative Governance and
     Traditional Affairs.


     Referred to the Portfolio Committee on Cooperative Governance and
     Traditional Affairs and the Select Committee on Cooperative
     Governance and Traditional Affairs.

1. Introduction of Bills (1) The Minister of Transport

   a) Transport Laws Repeal Bill [B 19 – 2010] (National Assembly –
      proposed sec 75) [Explanatory summary of Bill and prior notice
      of its introduction published in Government Gazette No 33328
      of 2 July 2010.]
   
   
      Introduction and referral to the Portfolio Committee on
      Transport of the National Assembly, as well as referral to the
      Joint Tagging Mechanism (JTM) for classification in terms of
      Joint Rule 160.
   
   
      In terms of Joint Rule 154 written views on the classification
      of the Bill may be submitted to the JTM within three
      parliamentary working days.
   
   
                     TUESDAY, 20 JULY 2010
   

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Calling of Joint Sitting

CALLING OF JOINT SITTING OF THE NATIONAL ASSEMBLY AND THE NATIONAL
COUNCIL OF PROVINCES
In terms of section 84(2)(d) of the Constitution of the Republic of
South Africa, 1996, read with Rule 7(1)(b) of the Joint Rules of
Parliament, the President of the Republic of South Africa has called a
joint sitting of the National Assembly and the National Council of
Provinces on Wednesday, 18 August 2010 at 14:00, in order to debate the
successful hosting of the 2010 FIFA World Cup.

                       WEDNESDAY, 21 JULY 2010

TABLINGS

National Council of Provinces

1. The Chairperson

(a)     The President of the Republic submitted the following letter
    dated 7 July 2010 to the Chairperson of the National Council of
    Provinces, informing members of the Council of the extension of the
    employment of the SA National Defence Force for service in
    fulfilment of the international obligations of the Republic of
    South Africa towards the Central African Republic:

    EXTENSION OF THE EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE
    FORCE FOR A SERVICE IN FULFILLMENT OF THE INTERNATIONAL OBLIGATIONS
    OF THE REPUBLIC OF SOUTH AFRICA TOWARDS THE CENTRAL AFRICAN
    REPUBLIC


    This serves to inform the National Council of Provinces that I have
    extended the employment of Seventy (70) South African National
    Defence Force (SANDF) personnel to the Central African Republic
    (CAR), for a service in fulfilment of the international obligations
    of the Republic of South Africa towards the Central African
    Republic (CAR) to assist with capacity building of the CAR Defence
    Force.


    This employment is authorised in accordance with the provisions of
    section 201(2)(c) of the Constitution of the Republic of South
    Africa, 1996.


    Members of the SANDF were employed to assist the CAR with capacity
    building of the CAR Defence Force. The employment of these members
    expired on 31 March 2010.


    The SANDF’s mission in the CAR is not yet completed. The employment
    of 70 SANDF members is now extended from 01 April 2010 until 31
    March 2011.
    I will communicate this report to members of the National Assembly
    and the Joint Standing Committee on Defence, and wish to request
    that you bring the contents hereof to the attention of the National
    Council of Provinces.


    Regards


    signed
    J G ZUMA


    Referred to the Select Committee on Security and Constitutional
    Development.

(b)     The President of the Republic submitted the following letter
    dated 7 July 2010 to the Chairperson of the National Council of
    Provinces, informing members of the Council of the extension of the
    employment of the SA National Defence Force for service in
    fulfilment of the international obligations of the Republic of
    South Africa towards the Democratic Republic of Congo, viz to train
    the DRC Armed Forces’ (FARDC) Rapid Reaction Force (RRF):

    EXTENSION OF THE EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE
    FORCE FOR A SERVICE IN FULFILLMENT OF THE INTERNATIONAL OBLIGATIONS
    OF THE REPUBLIC OF SOUTH AFRICA TOWARDS THE DEMOCRATIC REPUBLIC OF
    CONGO, TO TRAIN THE DRC ARMED FORCES (FARDC) RAPID REACTION FORCE


    This serves to inform the National Council of Provinces that I have
    extended the employment of One Hundred and Twenty (120) South
    African National Defence Force (SANDF) personnel to the Democratic
    Republic of Congo (DRC), for a service in fulfilment of the
    international obligations of the Republic of South Africa towards
    the Democratic Republic of Congo (DRC), to train the DRC Armed
    Forces Rapid Reaction Force.


    This employment is authorised in accordance with the provisions of
    section 201(2)(c) of the Constitution of the Republic of South
    Africa, 1996.


    Members of the SANDF were employed to train the DRC Armed Forces
    Rapid Reaction Forces. The employment of these members expired on
    31 March 2010.
    The SANDF’s mission in the DRC is not yet completed. The employment
    of 120 SANDF members is now extended from 01 April 2010 until 31
    March 2011.


    I will communicate this report to members of the National Assembly
    and the Joint Standing Committee on Defence and wish to request
    that you bring the contents hereof to the attention of the National
    Council of Provinces.


    Regards


    signed
    J G ZUMA


    Referred to the Select Committee  on  Security  and  Constitutional
    Development.


                       THURSDAY, 22 JULY 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Draft Bills submitted in terms of Joint Rule 159

(1)    Sectional Titles Schemes Management Bill, 2010, submitted by the
     Minister of Human Settlements.


    Referred to the Portfolio Committee on Human Settlements and the
    Select Committee on Public Services.

(2)    Community Schemes Ombud Service Bill, 2010, submitted by the
     Minister of Human Settlements.


     Referred to the Portfolio Committee on Human Settlements and the
     Select Committee on Public Services.

1. Introduction of Bills

 (1)    The Minister of Human Settlements


      a) Sectional Titles Schemes Management Bill [B 20 – 2010]
         (National Assembly – proposed sec 76) [Explanatory summary of
         Bill and prior notice of its introduction published in
         Government Gazette No 33366 of 9 July 2010.]


         Introduction and referral to the Portfolio Committee on Human
         Settlements of the National Assembly, as well as referral to
         the Joint Tagging Mechanism (JTM) for classification in terms
         of Joint Rule 160.


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


      b) Community Schemes Ombud Service Bill [B 21 – 2010] (National
         Assembly – proposed sec 76) [Explanatory summary of Bill and
         prior notice of its introduction published in Government
         Gazette No 33366 of 9 July 2010.]


         Introduction and referral to the Portfolio Committee on Human
         Settlements of the National Assembly, as well as referral to
         the Joint Tagging Mechanism (JTM) for classification in terms
         of Joint Rule 160.


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

TABLINGS

National Council of Provinces

1. The Chairperson

(a)     Statement issued in terms of section 106(1)(b) of the Local
    Government: Municipal Systems Act, 2000 (Act No 32 of 2000), on
    allegations of maladministration and serious  malpractice involving
    the possibility of fraud and corruption within Indaka Municipality,
    Kwazulu-Natal.


    Referred to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration.


(b)     Statement issued in terms of section 106(1)(b) of the Local
    Government: Municipal Systems Act, 2000 (Act No 32 of 2000), on
    allegations of maladministration and serious  malpractice involving
    the possibility of fraud and corruption within Mandeni
    Municipality, Kwazulu-Natal.


    Referred to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration.


                        MONDAY, 26 JULY 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Draft Bills submitted in terms of Joint Rule 159

(1)    Magistrates’ Courts Amendment Bill, 2010, submitted by the
     Minister of Justice and Constitutional Development.


     Referred to the Portfolio Committee on Justice and Constitutional
     Development and the Select Committee on Security and Constitutional
     Development.


                        TUESDAY, 27 JULY 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Introduction of Bills

 (1)    The Minister for Cooperative Governance and Traditional Affairs


      a) Local Government: Municipal Systems Amendment Bill [B 22 –
         2010] (National Assembly – proposed sec 75) [Explanatory
         summary of Bill and prior notice of its introduction published
         in Government Gazette No 33189 of 14 May 2010.]


         Introduction and referral to the Portfolio Committee on
         Cooperative Governance and Traditional Affairs of the National
         Assembly, as well as referral to the Joint Tagging Mechanism
         (JTM) for classification in terms of Joint Rule 160.


         In terms of Joint Rule 154 written views on the classification
         of the Bill may be submitted to the JTM within three
         parliamentary working days.
 (2)    The Minister of Justice and Constitutional Development


      a) Magistrates’ Courts Amendment Bill [B 23 – 2010] (National
         Assembly – proposed sec 75) [Explanatory summary of Bill and
         prior notice of its introduction published in Government
         Gazette No 33362 of 6 July 2010.]


         Introduction and referral to the Portfolio Committee on
         Justice and Constitutional Development of the National
         Assembly, as well as referral to the Joint Tagging Mechanism
         (JTM) for classification in terms of Joint Rule 160.


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


    2) The Minister of Higher Education and Training


      a) Higher Education Laws Amendment Bill [B 24 – 2010] (National
         Assembly – proposed sec 75) [Explanatory summary of Bill and
         prior notice of its introduction published in Government
         Gazette No 33393 of 19 July 2010.]


      b) Skills Development Levies Amendment Bill [B 25 – 2010]
         (National Assembly – proposed sec 75) [Explanatory summary of
         Bill and prior notice of its introduction published in
         Government Gazette No 33393 of 19 July 2010.]


      c) Higher Education and Training Laws Amendment Bill [B 26 –
         2010] (National Assembly – proposed sec 76) [Explanatory
         summary of Bill and prior notice of its introduction published
         in Government Gazette No 33393 of 19 July 2010.]


         Introduction and referral to the Portfolio Committee on Higher
         Education and Training of the National Assembly, as well as
         referral to the Joint Tagging Mechanism (JTM) for
         classification in terms of Joint Rule 160.


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

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Labour

   (1) Report and Financial Statements of the Public Service Sector Education Training Authority (PSETA) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 83-2008].

National Council of Provinces

1. The Chairperson

(a)     Notice of intervention issued in terms of section 139(1)(b) of
    the Constitution, 1996, to Mafikeng Local Municipal Council (North
    West).


    Referred to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration and report.

                       WEDNESDAY, 28 JULY 2010

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

(a)     Protocol amending the Convention between the Government of the
    Republic of South Africa and the Government of Ireland for the
    avoidance of double taxation and the prevention of fiscal evasion
    with respect to taxes on income and capital gains, with protocol,
    tabled in terms of section 231(2) of the Constitution, 1996.


(b)     Explanatory Memorandum to the Protocol amending the double
    taxation Convention with protocol between the Government of the
    Republic of South Africa and the Government of Ireland.


(c)     Protocol amending the Convention between the Republic of South
    Africa and the Kingdom of Sweden for the avoidance of double
    taxation and the prevention of fiscal evasion with respect to taxes
    on income, tabled in terms of section 231(2) of the Constitution,
    1996.


(d)     Explanatory Memorandum to the Protocol amending the double
    taxation Convention between the Government of the Republic of South
    Africa and the Kingdom of Sweden.

COMMITTEE REPORTS

National Council of Provinces

1. Report of the Select Committee on Appropriations on the third quarter conditional grants spending patterns on Devolution of Property Rate Funds Grant for the 2009/10 financial year, dated 01 June 2010:

2. Introduction

The Select Committee on Appropriations (the Committee) invited identified provincial departments of Public Works, who were either under-spending or over-spending on the Devolution of Property Rate Funds Grant, to come and make a presentation on their third quarter spending in the 2009/10 financial year. The statistics on spending patterns were published by the National Treasury in March 2010.

The Committee meeting took place on Friday, 7 May 2010. Meetings were held at Committee Room S12A in Parliament of the Republic of South Africa.

1. Terms of reference

The public hearings formed part of the Committee’s ongoing interaction with provinces to monitor their spending patterns on conditional grants allocated to them. A framework for the grant sets out, among other things, the purpose of the grant, measurable objectives, conditions, allocation criteria, and past performance.

Provincial departments of public works were requested to make presentations on the Devolution of Rate Funds Grant and to take into consideration the following: • Data trends in allocations, transfers and actual expenditure of conditional grants of the provincial department; • Assessment of provincial department’s monitoring capacity for the 2009/10 financial year and, indicate under-/over-spending and what capacity constraints have impacted on these outcomes; • Report whether monthly reports are received from receiving departments or municipalities, and if not, what the departments are doing in order to ensure compliance with monthly reporting; and • Medium-term strategic plans.

The provincial departments of public works of Western Cape, Limpopo, Eastern Cape, Gauteng, KwaZulu-Natal and Northern Cape were identified and invited. All provincial departments honoured the invitation.

The National Treasury was invited to brief the Committee on the third quarter spending by the above-mentioned provincial departments.

3 Presentations

3.1 National Treasury

The National Treasury reported that the adjusted budget for the 2009/10 financial year was R1 486 billion, with a projected outcome of R1.5 billion. The National Treasury added that actual payments as at 31 December 2009 was R841 million or 57 per cent of the adjusted budget. The National Treasury presented that the budget for this grant was adjusted upwards by R353.2 million in the 2009/10 financial year. Furthermore, the National Treasury added that at the end of the third quarter two provinces, Free State (R20 million) and Western Cape (R80 million), had projected to over- spent by R100 million. However, the National Treasury warned that over- spending in schedule 5 grants was not allowed. The National Treasury further reported that three provinces, namely: Gauteng (R17 million) Limpopo (R19 million) and Mpumalanga (R9 million), had projected to under- spent by R45 million.

The National Treasury outlined that provincial departments of Public Works are responsible for the payment of municipal property rates for all departments in a province and that the failure to perform such function may lead to termination or disruption of services such as water and electricity in schools and hospitals. The National Treasury reported that outcomes for this grant have deteriorated since the 2008/09 financial year, where under- spending was approximately R202 million. However, the National Treasury commented that spending on this grant is highly reliant on the rating and billing capacities of municipalities. The National Treasury commented that poor municipal property management, poor billing systems, and late billing negatively affect the province’s ability to meet its obligations. Furthermore, the National Treasury said that provinces with former “homeland” government structures within their jurisdiction are particularly negatively affected due to the incomplete rating of properties in these areas. The National Treasury concluded that reasonably accurate baselines going forward are essential before the devolution process can be completed.

3.2 The Province of Western Cape

The Western Cape’s Provincial Department of Public Works (PoWC) reported that during the 2009/10 financial year its main budget was R165 million. The PoWC informed the Committee that in the 2008/09 financial year there was a shortfall of R38 million and in the 2009/10 financial year it had a shortfall of R66 million. The PoWC further reported that the total budget for the 2009/10 financial year was R269 million, whereas the total amount that was transferred was R250 million. The PoWC added that it had accrued R7 million and above that it had a surplus of R12 million.

The PoWC reported that during the 2008/09 financial year a total of 1 881 accounts payable to the value of R185 million were earned from municipalities, but only R147 million was paid, resulting in a shortfall of R38 million. The PoWC reported that the provincial Government of Western Cape was currently in the process of acquiring additional sites for health and educational purposes and that this will result in additional property rates expenditure.

The PoWC presented that no funding was transferred to it to create the additional administrative capacity to manage the devolution of property rates payments. The function was performed by 2 permanent staff members and 4 contract personnel.

On why the PoWC under-spent, the PoWC explained that there was late submission of accounts by the City of Cape Town (CoCT) due to the process of splitting rates and utility accounts. The PoWC added that late payments of accounts and accrual of interest led to under-spending. As a way of trying to address the situation, the PoWC reported that it added more hours in work to avert potential late payments and under-spending. Furthermore, the PoWC said that monthly meetings with the CoCT on outstanding accounts were held. The PoWC further reported that there was a potential to under- spend due to late billing by municipalities. The PoWC emphasized that there was a regular follow-up procedure with municipalities on outstanding accounts. The PoWC further reported that it liaised timeously with the Provincial Treasury and the National Department of Public Works on potential allocation shortfall.

The PoWC emphasized that delays in finalisation of transfer of new sites for education and health purposes have a potential to influence under- spending for the 2010/11 allocation. However, the PoWC said that timeously follow-ups with various role-players to ascertain status of these transfers will be done.

3.3 The Province of Limpopo

The Limpopo’s Provincial Department of Public Works (PoL) reported that it received a grant of R12 million to pay for the devolved rates and taxes from the National Treasury for the 2008/2009 financial and R14 million for the 2009/2010 financial year. The total number of devolved properties was 3 557.

The PoL reported that the provincial Government of Limpopo through Executive Council decision number 59 of 2001, decided that payments of rent, water, electricity and rates be paid for by individual departments for the buildings they occupied. Therefore, the PoL said that, since 2001, the National Department of Public Works did not pay for rates to municipalities on land parcels where respective provincial departments resided. The National Treasury said that the National Department of Public Works only paid for rates to municipalities on state buildings jointly occupied by provincial departments and where the provincial department of Public Works wholly occupied the building.

With respect to data trends, transfers and actual spending, the PoL reported that the 2010/2011 financial year marks the third year for the PoL to manage the payment of rates and taxes for devolved properties. The PoL said that the previous two financial years did not provide it with the confidence to determine patterns and trends in funds allocation and spending. The PoL added that the collection of data in the coming years will afford the PoL with the means to determine trends that will assist with projecting allocations and spending. The PoL added that efforts that were put in place for improvement were both administrative and political initiatives.

With respect to monitoring, the PoL reported that, at political level, the Member of Executive Council (MEC) engaged councilors and mayors including fellow Members of the Provincial Legislature (in Limpopo) on various occasions like the Premier/Mayors’ Forum, Inter-governmental Forum and some ad-hoc meetings.

With respect to administration, the PoL said that officials interacted with officials responsible for municipalities at the provincial level and, at district level, individual municipalities were met with to reconcile their accounts. The PoL reported that figures indicated that the change in approach resulted in increased spending from 54 per cent to 59 per cent over the two-year period. The PoL said that the 4 per cent improvement was encouraging and it led to intensification of aggressive turnaround strategy.

Furthermore, the PoL reported that it experienced many challenges since the inception of the devolution of property rate funds grant. The PoL’s reported challenges included: • The identification of devolved properties per region per municipality; collection of bills from municipalities; • The exclusion of consumption and arrears from municipality bills; • The Interfacing Bass system and the iE-Works System; • The Reduction of system errors on iE-Works; • The Lack of Real Estate Human Resources capacity; • Bills had opening balances from previous years; • High interests charged due to late payments; and • The monitoring capacity of the department for the 2009/2010 financial year was not adequate in terms of warm bodies.

The PoL reported that these challenges presented the following risks: • Properties not valuated; • Properties sharing the same ERF number but in different plots; • Wrong rebates and tariffs in the system; • Double payments; • Wrong bills from municipalities; • Properties without account numbers; and • Cross-boarder properties.

The PoL reported that, due to these challenges and risks, a new initiative had been undertaken to document, plan and execute a Devolution of Rates and Taxes Project. The PoL said that the scope of this project was limited to the 3 557 properties devolved from the National Department of Public Works. The PoL added that the project involves real estate and finance users at head office and regions. The PoL informed the Committee that the Government Information Technology Officers’ (GITO) directorate will manage the project and provide the Information and Communication Technology (ICT) infrastructure support. The PoL said the project scope covers, amongst other things, the devolution of rates and taxes properties limited to 3 557 as provided. The PoL reported that the district will continue identifying and verifying properties in the devolution list. The PoL said that payment of rates and taxes in the devolution list will be prioritized. The PoL added that real estate managers at the regional level will champion the project. Furthermore, the PoL reported that the finance directorate’s resources will be available to authorize payments in the iE-Works system in each region/district and the ICT resources will be available to support users.

The PoL reported that, whilst it was busy restructuring to ensure that capacity was increased to address the shortcomings, the interim project structure was being established with key roles and responsibility. The PoL presented that the project structure was not the organizational structure of its department and that the ranks and responsibilities of the officials on the organization structure of the department remained the same as authorized by the accounting officer (the Head of Department) and human resources section. The PoL reported that monthly meetings and quarterly meetings were held with the South African Local Government Association (SALGA) as part of the turn around plan. The PoL added that it anticipated that the project will be successfully implemented. The PoL added that one of the critical success factors was that the 2001 Executive Council decision had been rescinded and that that enabled the PoL to be fully responsible for the payments of rates and taxes for the entire provincial property portfolio. Furthermore, the PoL commented that it hoped that interaction with other stakeholders will improve and lead to good governance.

3.4 The Province of the Eastern Cape

The Eastern Cape’s Provincial Department of Public Works (PoEC) reported that factors contributing to under-spending included incorrect invoicing by municipalities; invoicing by municipalities on properties not owned by the province; the municipal financial year (1 July to 30 June) differs from that of the province (1 April to 31 March) as a result municipalities submit bills late; and the late transfer of conditional grant funds to the Province.

The PoEC reported that the first transfer of the conditional grant for the 2009/10 financial year was received in the last week of September 2009 and the last transfer in February 2010. The PoEC presented that the financial management capacity in the municipalities of the Eastern Cape remains a challenge. The PoEC added that the conditional grant did not provide for operational or administrative costs for the implementation of the grant. The PoEC reported that confirmation of the roll-over approval and additional allocations per the adjustments budget process reached the provincial department late (that is December 2009) in the 2009/10 financial year.

The PoEC reported that payments made in the 2008/2009 financial year have not been credited to the PoEC’s accounts. The PoEC further reported that it was invoiced on private properties, properties owned by the National Department of Public Works, and property owned by the municipalities. The PoEC further reported that there were differences between schedules and actual invoices submitted. The PoEC explained that schedules from municipalities reflect amounts owed to be R83 million and invoices submitted amounted to R99 million in the 2008/09 financial year. The PoEC said that amounts still outstanding amounted to R6 million and amount paid was R79 million.

The PoEC alleged that it was being charged for the municipal services of the tenants in the properties and that these services are reflected on the rates and taxes invoices and municipalities have still not rectified these errors. The PoEC said that the municipalities are charging rates and taxes on un-surveyed land; municipalities can not provide supporting evidence for amounts reflected as outstanding but do not write off these amounts and then raise interest on the same amounts; the Devolution of Property Rates and Taxes Grant became effective on the 1 April 2008 for rates and taxes charged in the municipal financial year 1 July 2008 to 30 June 2009. The PoEC added that this transition from national to provincial was not effectively managed by municipalities as invoices were still sent to national. Furthermore, the PoEC reported that the outstanding balances due by the National Department of Public Works as at 1 July 2008 were not transferred to a separate account by municipalities but were charged to the PoEC. The PoEC reported that it was being charged interest on the outstanding balances of the National Department of Public Works at 1 July 2008.

The PoEC reported that municipalities continued to reflect R13 million as amount owed by the PoEC whereas it was an amount that is owed by the National Department of Public Works and that that included in this amount was an interest of R252 289 charged to the PoEC. The PoEC explained that these amounts had been excluded from the total outstanding by the PoL and the correct outstanding amounts for the 2009/10 financial year was R6 million. The PoEC said that this was subject to title deed verification and invoicing by municipalities and that excluded the municipalities for which no invoices had been received. The PoEC said that a further R12 million from the 2008/2009 financial year was to be spent, reducing the figure from R39 million to R28 million (or 23 per cent of unspent grant).

Furthermore, the PoEC reported that the total amount that was to be spent for the 2009/10 financial year was R32 million and R10 million for operational costs. The PoEC said that that was going to reduce the unspent figure from R117 million to R74 million (or 36 per cent of the unspent grant). However, the PoEC said that was subject to title deed verification and invoicing by municipalities. The PoEC further reported that a request to rollover R96.7 million had been submitted. The PoEC reported that the two interventions which seek to address the devolution of rate funds grant challenges are the Rates and Taxes project which seeks to address the backlogs and the Municipal Finance Unit which will work close with municipalities. The PoEC said that the Municipal Finance Unit will sustain the intervention in municipalities. The PoEC said that job advertisements were placed and recruitment of the deputy managers was complete and these managers will further staff the unit. The PoEC assured the Committee that the unit will be fully functional by the 30 September 2010.

The PoEC reported that, through the Municipal Finance Unit, it intends to facilitate the payment of rates and taxes for the 2008/2009 and 2009/2010 financial years through preparing invoices for payment; assisting municipalities in the preparation of invoices and supporting valuation certificates where municipalities were experiencing difficulty with resources; clearing outstanding reconciling items between the PoEC and the municipality concerned; and to establish the substantiated value of the amounts outstanding prior to the 1 July 2008. The PoEC added that supporting documentation for the value of the amount outstanding that relates to this period shall be obtained, verified and reconciled and that the PoEC was firm that where the amounts are unsubstantiated, agreement for write offs must be reached. Furthermore, the PoEC reported that it was intending to establish a new verified provincial immovable assets baseline for municipalities to charge rates and taxes.

The PoEC anticipates that the future benefits due to the above-mentioned interventions will include: • updated debtors’ information with the correct owner of the property; paid-up valid outstanding debtors’ balances for the period 2008/09 and 2009/10; • increased revenue base of municipalities with previously unknown provincial properties as per Pubic land data; • improved capacity at the municipality; improved communication channels between municipalities and Provincial Public Works Department; • corrected financial records that relate to rates and taxes of the provincial government; • transferral of knowledge and skill to municipal officials working with the project teams; and • acquisition of skills and experience by unemployed graduate working with consulting teams making them employable by municipalities.

3.5 The Province of KwaZulu Natal

The KwaZulu-Natal’s Provincial Department of Public Works (PoKZN) reported that its total budget for the 2009/10 financial year was R237 million, this amount included the budget allocation of R236 million and the roll-over from the 2008/2009 financial year of R1 million. The PoKZN reported that invoices received and payments made were to the amount of R237 million. However, the PoKZN reported that the invoices received totalled R459 million resulting in a shortfall of R221 million and that the unpaid invoices had to be held over for the 2010/11 financial year due to insufficient funds in the 2009/10 financial year. The implication was that the first charge for the 2010/11 financial year was R221 million, leaving a balance of R39 million out of R260 million which was allocated for the 2010/11 financial year.

The PoKZN reported that it had been confronted with service delivery challenges as municipalities had been threatening to cut services on accounts of the non-payment of property rates. The PoKZN asked for an advice from the Committee as to who is liable for the interest that has been charged on the overdue rates. The PoKZN was of the view that it should be the National Department of Public Works (NDPW) since the interest charge was as a consequence of insufficient funding. The PoKZN argued that, that was due to the fact that the PoKZN assumed the responsibility of the payment of property rates from 1 April 2008; all outstanding debt prior to that date should be the responsibility of the NDPW. The PoKZN reported that this was brought to the attention of the NDPW and an indication with respect to the payment of all outstanding debt to municipalities prior to the devolution (1 April 2008) was awaited from the NDPW. However, the PoKZN said that, in the mean time, the debt was likely to accumulate interest expense. The PoKZN reported that an additional funding of R221 million has been requested from the National Department of Public Works and the National Treasury, but no response had been received as yet. Furthermore, the PoKZN reported that the issue of new properties remains a challenge as the current model does not provide for new properties.

The PoKZN reported that many challenges have been experienced and that these challenges included: • provincial properties that are carrying arrears from the years prior to devolution of the property rates payment function to provinces; • properties where the ownership was unclear and had to be established between municipality, provincial and national custodians; • some municipalities disconnect services if rates are not paid or not fully paid; • property rates in a number of municipalities increased by between 300% to 1000% and more, for example in uMngeni, Umsunduzi, Richmond, KwaSani and Kokstad municipalities; and • the Ingonyama Trust Land properties have large tracts with numerous facilities on the parent property to which the municipality would attach a market value but the PoKZN is only responsible for the payment of property rates on state domestic facilities.

With respect to monitoring and capacity, the PoKZN reported that, when the payment of property rates was devolved to the provinces, the staff from the NDPW was not shifted together with this function and that that left a gap on how the conditional grant was to be implemented as this was a new function. Furthermore, the PoKZN reported that there was no funding provided for additional capacity to implement this function. Provincial asset management staff is currently performing the function.

The PoKZN reported that, in the 2009/10 financial year, the National Department of Public Works introduced a prescribed reporting format for provinces for monthly reporting. The PoKZN said that it submitted these reports every month to report progress on spending. The PoKZN reported that, while payments were happening at the four regional offices, there is central monitoring at head office to ensure that there was no over-spending or under-spending.

The PoKZN argued that it required additional funding because, if the first tranche was to be used to pay outstanding amounts, the remaining balance for the 2010/11 financial year will be R39 million which is too little compared to the budget required. The PoKZN reported that a number of municipalities had not been apportioned rate payments due to insufficient funding. However, the PoKZN added that all (except for two) municipalities were billing the PoKZN. The PoKZN stressed that, without additional funding, it will not be able to fulfil its mandatory obligations.

3.6 The Province of Northern Cape

The Northern Cape’s Provincial Department of Public Works (PoNC) reported that it had spent 99 per cent of its allocation for the 2009/10 financial year. The PoNC reported that the budget for the 2009/10 financial year was R27 million and that there was an additional amount of R10 million that was received during the adjustment budget period. The PoNC reported that, for the 2008/09 financial year, it had a shortfall of R4.7 million and that that had a negative impact on the departments’ spending. The PoNC added that it paid all municipalities except the R222 000 payable to the Thembelihle Municipality and that that amount was payable to the municipality but it was returned and the PoNC was investigating the matter as to why the money had been returned. The PoNC claimed that, after paying this amount, the PoNC will reflect 100 per cent spending.

With respect to monitoring, the PoNC reported that no funding was received to employ officials to perform devolution of rates function. The PoNC reported that it had no choice but to budget for three positions, Assistant Director; Senior Administration Officer; and Administration Officer. The PoNC said that that has assisted and strengthened its capacity to perform the function and produce reports. Monthly spending reports were submitted to National Department of Public Works. But, according to the PoNC, only capacitated municipalities submit monthly statements reflecting payments received.

The PoNC reported that they are experiencing challenges including that there were properties which are built on land that is owned by the municipality but the buildings, on the other hand, is owned by government. Once these properties were vested, the arrears and the recurrent costs for rates and taxes would be paid. The PoNC reported that ‘sister’ departments are not budgeting for rates and taxes for all new infrastructure developments. The PoNC reported that it was of the view that ‘sister’ departments should pay for new infrastructure. There are properties that were transferred from North West province that must also be vested. The PoNC concluded that, due to budget under-allocation, municipalities are charging interest on arrear accounts.

3.7 The Province of Gauteng

The Gauteng’s Provincial Department of Public Works (PoG) reported that its 2009/10 adjusted budget was R401 million, and that, at the end of the financial year, the department had spent R231 million and had a difference R170 million.

The PoG argued that its under-spending emanated from a number of challenges, i.e. ten municipalities had sent their invoices except for Emfuleni and Kungwini municipalities; some properties were continually moving from one Council to another; municipalities themselves did not have all the information and town planners had to be consulted to get the correct information; there was a challenge regarding personnel capacity; municipalities were unable to identify ownership due to properties belonging to other provinces, different Institutions and the national government; municipal valuation roll out was not completed; and there was no automatic interfacing between Basic Accounting System and iE-works system. However, training of staff on utilization of iE-works system was a continuous exercise. The POG reported that service level agreements were being developed to enhance relationship management.

With respect to monitoring capacity, the PoG said that all payments to municipalities were based on asset register’s verified data; and joint payment allocation and reconciliation with municipalities. The PoG further reported that the Debt Committee’s meetings were held with Provincial Treasury and Municipalities in attendance.

The PoG reported that monthly spending report meetings were held between programme managers and the finance branch. The PoG further reported that quarterly senior management meetings were used to discuss performance of the various programmes. The PoG informed the Committee that the Executive Management committee also received monthly spending report from the Chief Financial Officer. The PoG said that the Head of the Department and Deputy Director-General of National Department of Public Works held an one-on-one meetings with individual managers from time-to-time to ensure accountability for service-delivery purposes. The PoG said that, at unit level, performance is monitored against operational plans. The PoG assured the Committee that monthly and quarterly infrastructure reports were sent to the Provincial and National Treasury. Furthermore, the PoG said that Project Management Resource Groups assisted in ensuring that performance happened at site level.

1. Observations

The Committee notes that certain provinces are struggling to settle the outstanding amount and the municipalities were owed by National Department of Public Works before the devolution of property rates function to provinces.

The Committee ascertained that conditional grant did not provide for provinces to employ people who are responsible for this function. Furthermore, the National Department of Public Works did not release officials who were responsible for this function to provinces. As a result, there is a challenge in most provincial departments when it comes to managing this function.

The Committee observed that PoKZN was allocated insufficient funds and it was unable to pay municipal rates and taxes.

The Committee notes that poor municipal property management, poor billing systems, and late billing negatively affect the province’s ability to meet its obligations.

1. Recommendations

Having considered the presentations on the spending on the Community Library Services grant by the National Treasury and the afore-mentioned provincial departments, the Select Committee on Appropriations recommends that the National Council of Provinces considers the following:

1. That the National Department of Public Works should assist provincial departments of Public Works in settling the accounts they are owing to municipalities.

2. That National Department of Public Works should explain to the House why it could not attend the hearing on the third quarter spending by the provincial departments of Public Works. This explanation should reach the House within 15 working days after the adoption of this report by the House.

3. That the National Treasury should discuss the possible assistance that can be given to the Province of KwaZulu Natal with respect to the devolution of property rates grant.

4. That provinces should assist less capacitated municipalities to improve on property management, and on their billing system.

Report to be considered.

1. Report of the Select Committee on Appropriations on the third quarter conditional grants spending patterns on Comprehensive HIV and AIDS, Hospital Revitalisation, and Forensic Pathology for the 2009/10 financial year, dated 01 June 2010.

2. Introduction 1.1 Background The Select Committee on Appropriations (the Committee) invited identified provincial departments of health, who were either under-spending or over- spending on the Comprehensive HIV and AIDS, Hospital Revitalisation, and Forensic Pathology Grants, to come and make a presentation on their third quarter spending for the 2009/10 financial year. The statistics on spending patterns were published by the National Treasury in March 2010.

The Committee meeting took place on Tuesday, 4 May 2010. Meetings were held at Committee Room 3 in Parliament of the Republic of South Africa.

1.2 Terms of reference The public hearings formed part of the Committee’s ongoing interaction with provinces to monitor their spending patterns on conditional grants allocated to them. A framework for each grant sets out, amongst other things, the purpose of the grant, measurable objectives, conditions, allocation criteria, and past performance.

Provincial departments of health were requested to make presentations on Comprehensive HIV and AIDS Grant, Hospital Revitalisation Grant, and Forensic Pathology Grant and to take into consideration the following: • Data trends in allocations, transfers and actual expenditure of conditional grants of the department; • Assessment of department’s monitoring capacity for the 2009/10 financial year and indicate under-/over-spending and what capacity constraints had impacted on these outcomes; • Report on whether monthly reports were received from receiving departments or municipalities, and if not, what the departments are doing in order to ensure compliance with monthly reporting; and • Medium-term strategic plans.

The provincial departments of health of Free State, Mpumalanga, KwaZulu- Natal, Limpopo and Northern Cape were identified and invited. All invited provinces honoured the invitations.

The National Treasury was invited to brief the Committee on the third quarter spending of the above-mentioned provincial departments.

2 Presentations 2.1 National Treasury The National Treasury outlined an overview of provincial departments of health’s spending as at 31 December 2009. The National Treasury reported that the overall spending was R66.5 billion as at the end of the third quarter of the 2009/10 financial year out of a total of R86.2 billion of the total adjusted budget. The National Treasury further reported that there was a projected over-spending of R5.8 billion, mostly on personnel expenditure. Furthermore, the National Treasury reported that the provincial departments of Health of Mpumalanga and Free State had under- spent. In addition, the National Treasury reported that the provincial health sector had been under pressure as a result of compensation of employees. The provincial departments of health which experienced the biggest pressures were Eastern Cape (the worst affected), Gauteng and KwaZulu Natal.

The National Treasury reported that Comprehensive HIV and AIDS Grant had been adjusted upwards by R9 million to an adjusted budget of R4.3 billion. At the end of the third quarter, provincial departments had spent 62 per cent of the adjusted budget. The National Treasury further reported that the Provincial Department of Health of Free State had an adjusted budget of R299 million. On year-on-year growth comparison, the Provincial Department of Health of Free State had spent 20.6 per cent less compared to the same period in the 2008/9 financial year. With respect to the Provincial Department of Health of Mpumalanga, the National Treasury reported that this provincial department had an adjusted budget of R296 million, but the actual spending was 52 per cent as a percentage of adjusted budget. The National Treasury reported that the Provincial Department of Health of Mpumalanga had under-spent by R96 million as at 31 December 2009. The National Treasury further reported that, on a year-on-year comparison, this is 32 per cent less compared to the same period in the 2008/09 financial year. Furthermore, the National Treasury reported that overall spending of provincial departments was 32 per cent less compared to the same period in the 2008/9 financial year.

With respect to Forensic Pathology, the National Treasury reported that the total adjusted budget for all provincial department was R527 billion and the projected outcome was R628 billion. The National Treasury further reported that the total adjusted budget for the Provincial Department of Health of Northern Cape was R31 million with a projected outcome of R21 million as at 31 December 2009. However, the Provincial Department of Health of Northern Cape had under-spent by R10 million and that, on a year- on-year comparison, this spending is less by 9.2 per cent compared to the same period in the 2008/9 financial year.

With respect to the Hospital Revitalization Grant, the National Treasury reported that an adjusted estimate of the grant was at R3.5 billion and provincial departments of health were projected to under-spent by R535 million. The National Treasury further reported that the under-spending by provincial departments of health was as follows: R7.9 million in Free State; R200 million in KwaZulu-Natal; R40 million in Limpopo; R194 million in Mpumalanga; R86 million in Northern Cape and R8 million in Western Cape. Furthermore, the National Treasury reported that, on a year-on-year comparison, provincial departments of health over-spent by 1.2 per cent.

The National Treasury advised the Committee that one of the issues to pay attention to was improved budgeting for the health sector. The National Treasury recommended that provincial departments of health should prioritise within limited financial resources, especially with respect to personnel spending in the KwaZulu-Natal and Eastern Cape; and on goods and services spending in Gauteng. The National Treasury further recommended that processes for determining salary adjustments, including the occupational specific dispensation (OSD), should be tied to available resources. The National Treasury stated that the National Department of Health should fully support and guide provincial departments of health during the implementation of major policy initiatives. The National Treasury proposed that the process used for determining salary adjustments should involve provincial departments of health and be in line with available funds. The National Treasury reported that the Hospital Revitalization Programme was the least spent grant amongst conditional grants (for example, the total projected under-expenditure is over R813 million as at 31 March 2010). Furthermore, the National Treasury indicated that the Provincial Department of Health of Mpumalanga showed continuous poor financial performance in most conditional grants.

The National Treasury revealed that there had been numerous instances of violation of the Division of Revenue Act within the health sector in comparison to other government sectors; including poor cash management; and supply chain management policy challenges. The National Treasury advised that proper planning should improve performance of grants in this sector.

2.2 The Province of KwaZulu-Natal The KwaZulu-Natal’s Provincial Department of Health (PoKZN) reported that it was allocated R450 million for the Hospital Revitalization Grant and that the PoKZN had managed to spend R128 million (28 per cent) at the end of the third quarter of the 2009/10 financial year. The PoKZN reported that it had under-spent by R200 million at the end of the third quarter because the majority of its projects were delayed as a result of the inability to monitor projects owing to capacity constraints. The PoKZN further reported that it was the responsibility of the provincial department of Public Works to monitor these projects. The PoKZN added that if phase 1 of the project was delayed as argued above, the following phases are also delayed because they are dependent on the successful implementation of the initial phases. The PoKZN reported that the major contributing factors to under-spending were the lack of cooperation from the provincial department of Public Works and the slow services provided by the contractors. The example of the King George V Hospital was used by the PoKZB where the completion of this hospital was delayed due to a slow progress on the work done by a contractor. Furthermore, the PoKZN reported that the provincial department of Public Works had tender procurement delays for some projects which led to the delay of subsequent phases of the same project. The PoKZN cited the failure to adequately monitor the consultancy work during designs and documentation as the main reason for the delay of many projects and the resultant under-spending. The PoKZN admitted that it did not react to building defects timeously, and did not have dedicated project managers to follow up on tender documentation delays and variation orders.

The PoKZN reported that the Lower Umfolozi Hospital project led the PoKZN to under-spend by R52 million because there were tender procurement delays by the provincial department of Public Works. Furthermore, the New Mother and Child Hospital budgeted for R365 million had been delayed for 16 months due to the inability by the provincial department of Public Works to finalise tender processes timeously. The PoKZN said it did not have monitoring capacity to detect inaccuracies with tender documents.

The PoKZN reported spending was not in line with budget due to the following reasons: delays on construction as a result of earlier delays in the acquisition of health technology for the King George V hospital; the overspending for the Lower Umfolozi, Hlabisa and Rietvlei hospitals due to spill-over of purchases that had been scheduled for the previous years; the inavailability of dedicated resource to drive the aspect of Hospital Revitalization; Hospital Revitalization Planning was not aligned to Supply Chain Management processes and timeframes.

The PoKZN reported that it under-spent due to: non-approval of filling of critical posts due to the concerns that these additional staff costs are sustainable over the longer term when the Revitalization grant is no longer available; the delay in the implementation of Hospital Information System due to late finalization of the Service Level Agreement and, subsequently, due to the moratorium imposed by the National Department of Health; and delays in the implementation of the Digital Radiography Picture Archiving Communication System / Radiography Information System.

The PoKZN argued that factors contributing to under spending came from the implementing agents. The PoKZN reported that it had no or very little control over implementing agents who prove to be inflexible and/or unwilling to change and speed things up. The implementing agents appointed consultants who were not qualified to do the work to the standard required or within the timeframes provided. Hospital design was complex and requires inputs from a group of specialists; however health specialist were not consulted. The PoKZN added that there was lack of capacity in the Hospital Revitalization Office; for example, there were no dedicated project managers for various categories of Health Technology, Quality Assurance and Organizational Development. Furthermore, Supply Chain Management was not properly managed and implemented resulting in project delays, cancellation and appeals; over and above there was weak project management and planning due to lack of capacity.

The PoKZN reported that, in the past, formal reporting from implementing agents was erratic and often inaccurate; and, Revitalization Project Managers, at the time of reporting, were attending contractor and consultant meetings so that they are updated about on-site progress and can act timeously. The PoKZN reported that a joint task team comprising the Department of Health, the Department of Public Works and other implementing agencies was in place, but could not meet regularly. The Joint Task Team was replaced by monthly Infrastructure Programme Management Committee meetings. The PoKZN assured the Committee that, in the 2010/11 financial year, it plans to re-organize its infrastructure management unit in line with Project Management principles and to fill key management posts by appropriately qualified persons with formal training in built environment. The PoKZN further reported that the quality assurance process was being developed and improvements are expected during the 2010/11 financial year.

2.3 The Province of Limpopo The Limpopo’s Provincial Department of Health (PoL) reported that Hospital Revitalization Grant for 2009/10 was R212 million and the province spent R117.8 million (56 per cent) and the balance was R94.4 million.

The PoL reported that a number of its projects were delayed due to various contributing factors. These contributing factors included: slow construction progress on sites by contractors which resulted in certain contracts being terminated; civil and building contracts were delayed due to finalization of Environmental Impact Assessment (EIA); project dependencies within sites had a ripple effect on all other projects to follow; late appointment of contractors by the Provincial Department of Public Works (DPW); and some contractors did not comply to specifications as outlined in the contracts.

With respect to performance monitoring and evaluation, the PoL reported that resident clerks of works have been appointed to assist in ensuring performance of contractors per site on a daily basis. The PoL said that, in future, measurement of construction works would be undertaken and paid for twice per month and projects will be monitored closely by DPW, Health Performance Monitoring Unit, and professional teams.

The PoL acknowledged that the Hospital Revitalization grant had under- performed in terms of spending. As a result, a Hospital Revitalization Programme Improvement Plan, supported at provincial level by Premier’s office, provincial treasury, DPW and implementing agents, was implemented in September 2009. The PoL stated that projects’ dependencies and slow performance of contractors delayed its spending plan and that forced the provincial department to project under spending of R40 million.

2.4 The Province of Mpumalanga The Mpumalanga’s Provincial Department of Health (PoMPU) reported that the Comprehensive HIV and AIDS grant’s budget allocation was R200 million plus an adjustment of R96 million resulting to a total adjusted budget of R296 million. The PoMPU presented that it projected an under spending of R96 million at the end of the third quarter and the actual payments of adjusted budget was 52 per cent.

The PoMPU reported that under spending on HIV and AIDS conditional grant was due to the system that was used in the province which entailed delivery of service by the department and payments processed utilizing the equitable share budget. Thereafter the department claims the amount spent from Provincial Treasury. Secondly one invoice was received after the cut of date of payment.

The PoMPU reported that monitoring and evaluation officials monitor and support the implementation of the grant on a quarterly basis. The monitoring and evaluation officials monitor the implementation by visiting the accredited facilities and submitting reports to the provincial office in order to ensure effective monitoring and adequate support for all the facilities. Furthermore, compliance to reporting procedures was observed at all times and this, in turn, ensures that monthly, quarterly and annual reports, with both financial and non-financial indicators, are compiled and submitted to the National Department of Health, National Treasury and Provincial Treasury. The PoMPU reported that the Comprehensive HIV and AIDS grant’s implementation experienced some challenges due to the increase in number of patients from an average of 1 800 to 2 000 new intake monthly whereas the PoMPU had projected a monthly intake of 1 600. The PoMPU added that the budget increase was not aligned to demands for these services. Furthermore, staff shortage affected the monitoring and evaluation of the service delivery. The PoMPU informed the Committee that poor infrastructure was hindering increase in the number of accredited facilities that are available in the Mpumalanga province. The PoMPU argued that the accreditation of facilities, which is the competency of National Department of Health, should be fast-tracked.

The PoMPU informed the Committee that it has identified a number of solutions to the challenges that it is experiencing with respect to spending on conditional grant. The PoMPU said that budget allocation should be aligned to the demand of services. The PoMPU further said that it intends to strengthen its monitoring and evaluation unit. The PoMPU added that it intended to rehabilitate and upgrade a number of facilities in the province. The PoMPU said that more health care workers will be trained and that continuous support to home care givers in respect of stipend and care kits will be provided. Furthermore, non-medical voluntary counseling and testing sites will be increased.

With respect to Hospital Revitalization Grant, PoMPU reported that its adjusted budget was R498 million (R304 million plus a roll over of R194 million), the projected accumulative outcome was R304 million and its actual expenditure at the third quarter was R222 million. The PoMPU reported that a number of projects were behind schedule and that was negatively affecting the total costs of these projects as prices for material were increasing. The PoMPU reported total spending, at Rob Ferreira Hospital, of R217 million and the budget allocation was R159 million. At Ermelo Hospital, the budget allocation was R42 million and the total accumulative spending was R70 million. The Themba Hospital’s budget allocation was R62 million and the total accumulative spending was R80 million. The PoMPU reported that Hospital Revitalization grant’s confirmation of the roll-over R154 million was conditionally approved in November 2009, which was subject to an audit of utilisations of funds. The required audit was conducted in January 2010; hence the office was still awaiting a final audit report. The PoMPU reported that R154 million has since been withheld by National Treasury and an application for rollover of funds based on existing commitments incurred in the 2009/10 financial year has been made.

The PoMPU reported that it relies on the Department of Public Works, Roads and Transport (DPW) as an implementing agent to ensure that there were site project managers in each hospital, and technical support was provided at all times to ensure that construction projects were completed on schedule. Furthermore, PoMPU said that, although it is the responsibility of Provincial Department of Public Works to monitor projects, PoMPU conducts quarterly reviews and site visits.

The PoMPU reported that it had submitted a total of 17 reports to the National Department of Health, namely: 12 monthly reports, 4 quarterly reports and an annual report. The PoMPU reported that it conducted monthly site visits which were led by Hospital Revitalization Programme; the National Treasury conducted some site visits; and the National Department of Health conducted support visits. The PoMPU further reported that there were visits by the Executive (namely, the Premier, the Provincial Portfolio Committee, and the Members of the Executive Council). Furthermore, the PoMPU reported that it held Steering Committee meetings and Site and technical meetings with consultants, monthly.

The PoMPU reported that there was a limited capacity to deliver health infrastructure by appointed contractors and consultants. The PoMPU acknowledged that it was unable to recruit and retain professional staff and that it had limited project management and planning skills. With respect to retainment of professionals, the PoMPU reported that it had motivated to pay market-related packages for these professionals. With respect to poor performance, the PoMPU recommended that it shall charge penalties on non-performing contractors and consultants. Furthermore, the PoMPU committed itself to the strengthening of its capacity in respect of contract management and planning.

2.5 The Province of Free State The Free State’s Provincial Department of Health (PoFS) reported that its adjusted budget for Comprehensive HIV and AIDS grant was R299 million and it had spent R165 million (55 per cent) at the end of the third quarter of the 2009/10 financial year. The PoFS reported that under-spending was due to late allocation of R63 million adjusted budget which was mainly for the purchase of antiretroviral medication, consumables and laboratory tests.

The PoFS reported that the management of the grants was strengthened since managerial accountants were attached to each conditional grant. These managerial accountants produce and table monthly and quarterly reports to senior management which, in turn, produces annual reports.

For Hospital Revitalisation grant, the PoFS reported that its adjusted budget was R282 million and it had spent R129 million (46 per cent) at the end of the third quarter of the 2009/10 financial year. The PoFS explained that under-spending was due to a number of challenges including: the poor performance by the implementing agents and lack of capacity in planning and technical expertise in project management. The PoFS reported that there was lack of managerial capacity to manage infrastructure projects. Furthermore, the PoFS further reported that under-spending was caused by none appointment of contractors leading to delays in the execution of projects, and poor contractor performance which led to termination of certain contracts. Furthermore, the PoFS reported that the rollover of R34 million allocated through adjustment budget when there were spending bottle-necks worsen the spending level, and that the funds allocated for planning were not used.

The PoFS reported that it had put in place different measure to improve under expenditure in the Hospital Revitalization Grant. The PoFS further reported that it was reviewing its organizational structure and functions. And that technical expects who would be responsible for planning, implementation and monitoring of infrastructure projects will be appointed in the near future. Furthermore, the PoFS reported that it was working on improving relations with the implementing agents, through holding regular meetings, and that it intended to strengthen reporting mechanisms, with early warning systems in place. To strengthen its bidding processes, the PoFS revealed that a Provincial Infrastructure Bid Management Committee for efficient bid management had been established.

2.6 The Province of the Northern Cape The Northern Cape’s Provincial Department of Health (PoNC) reported that, for Forensic Pathology Grant, its original grants budget allocation was R20 million and it had received an additional adjustment of R11 million. Therefore, its total allocation for Forensic Pathology Grant was R31 million. The PoNC reported that it had spent only R13 million at the end of the third quarter and R21 million was the projected outcome at the end of that period. The amount of R11 million rolled-over was meant for building of mortuaries (R10 million) and for goods and services (R1 million), and these were commitments made prior to the end of the 2008/09 financial year period.

The PoNC reported that the contributing factor to under-spending on the grant was the dispute between the department and a service provider. For example, a service provider alleged that it was owed for services performed and the PoNC disputed that services were rendered. The PoNC reported that it had requested a roll over to the amount of R13 million, which will be utilized for 2010/11 financial year.

2.7 National Department of Health The National Department of Health (DoH) reported that it was aware of the challenges that the sector was faced with regarding capital expenditure. As a result, the DoH had initiated a programme whereby engineers shall be appointed for all provincial departments of health. These engineers were expected to protect the interests of the health sector in order to ensure that it had the necessary internal capacity and technical knowledge, and to advise on the awarding of tenders.

1. Observations The Committee is of the view that the provincial departments of public works, as custodians of infrastructure development, needs to improve on monitoring of the health sector’s projects and to ensure that they are carried out as per schedule of the project plans. Furthermore, there are continuous challenges with respect to project management and lack of support from the National Department of Public Works.

The Committee notes that some provincial departments of health had performed much better than others in relation to the Hospital Revitalisation grant and some are in violation of the Division of Revenue Act.

The Committee notes that capital budgets in the health sector had under- spent by R1.3 billion.

The Hospital revitalisation grant is the worst-spent grant in Government.

1. Recommendations Having considered the presentations by the National Treasury and identified provincial departments of health on the third quarter spending for the 2009/10 financial year, the Select Committee on Appropriations recommends that the National Council of Provinces considers the following:

4.1 That the provincial departments of public works should investigate track records of contractors and examine them before awarding them with tenders in order to determine the ability of these contractors to successfully implement projects before them.

1. That all provincial departments of health should comply the annual Division of Revenue Act.

2. That the provincial departments of health should work with department of Public Works to improve spending on capital budgets and ensure they are spent fully.

3. That the provincial departments of health should improve the management of the Hospital Revitalisation grant.

Report to be considered.

                        FRIDAY, 30 JULY 2010

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Justice and Constitutional Development (a) Proclamation No R.27 published in Government Gazette No 33279 dated 8 June 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of the Special Investigating Units and Special Tribunals Act , 1974 (Act No 74 of 1996).

2. The Minister of Finance

Correction: The following two entries replaces items 2(b) and (c)
published under Tablings in the name of the Minister of Finance in the
Announcements, Tablings and Committee Reports of 16 July 2010, on page
2193.

(b)     Government Notice No 472 published in Government Gazette No
    33241 dated 4 June 2010: Borrowing powers of water boards listed
    under Schedule 3 Part B of the Act, Public Finance Management Act,
    2001 (Act No 1 of 1999).

 c) Government Notice No 473 published in Government Gazette No 33241
    dated 4 June 2010: Borrowing powers of water boards listed under
    Schedule 3 Part B of the Act, Public Finance Management Act, 2001
    (Act No 1 of 1999).

National Council of Provinces

1. The Chairperson

(a)     Notice of intervention issued in terms of section 139(4) of the
    Constitution, 1996, to Overberg District Municipality (Western
    Cape).


    Referred to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration and report.

COMMITTEE REPORTS

National Council of Provinces

1.The Report of the Select Committee on Appropriations on the third quarter conditional grants spending patterns on HIV and AIDS (Life Skills Education) for the 2009/10 financial year dated 01 June 2010.

1. Introduction 1.1 Background The Select Committee on Appropriations (the Committee) invited identified provincial departments of education, who were either under-spending or over- spending on the HIV and AIDS Grant, to come and make a presentation on their third quarter spending on 2009/10 financial year. The statistics on spending patterns were published by National Treasury in March 2010.

The Committee meetings took place on 20 and 21 April 2010.

1.2 Terms of reference The public hearings formed part of the Committee’s ongoing interaction with provinces to monitor their spending on conditional grants allocated to them. A framework for each grant sets out the purpose of the grant, measurable objectives, conditions, allocation criteria, and past performance among other things. Provincial departments of education were requested to make presentations on HIV and AIDS Grant and to take into consideration the following: • Data trends in allocations, transfers and actual expenditure of conditional grants of the department; • Assessment of department’s monitoring capacity for the 2009/2010 financial year and indicate under/overspending and what capacity constraints that impacted on these outcomes; • Report whether monthly reports are received from receiving departments and or municipalities, and if not, what the departments are doing in order to ensure compliance with monthly reporting; and • Medium-term strategic plans.

The provincial departments of Education of Eastern Cape, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape and KwaZulu Natal were identified and invited. However, the provincial departments of Education of Western Cape and KwaZulu-Natal did not attend, and there were no notifications that they were unable to attend.

The National Treasury was invited to brief the Committee on the third quarter spending of the above-mentioned provincial departments.

2 Presentations 2.1 National Treasury The National Treasury reported that the total expenditure for all provincial departments of education is R94.7 billion (or 79 per cent) of the R124.8 billion adjusted budget as at 31 December 2009. The R124.8 billion adjusted budget for education comprises 41 per cent of the total provincial adjusted budgets. This spending shows an increase of R13 billion compared to R81.7 billion that was spent over the same period in the 2008/09 financial year.

The National Treasury added that provincial departments of education that had contributed to the spending increase of R13 billion (15.9 per cent) are Eastern Cape (which has over-spent by 22.5 per cent); North West (which has over-spent by 19.3 percent); Limpopo (which has over-spent by 18.7 per cent) and Gauteng (which has over-spent by 18.1 per cent). On year-on-year growth, the National Treasury said that provincial departments have spent 15.9 per cent of the projected over-spending of R1.7 billion in 7 provinces. The National Treasury further reported that Eastern Cape spent R649 million on the compensation of employees. Current spending on education personnel amounts to R72.7 billion (which is 74.5 per cent of the education personnel adjusted budget of R97.6 billion). Furthermore, spending by provincial departments of education, from lowest to the highest, is 72.3 per cent for the Free State; 72.4 per cent for the North West); 74.9 per cent for Gauteng and 77.6 per cent for the Eastern Cape. With respect to total projected over-spending of R1.7 billion in 6 provinces Eastern Cape spent R559.4 million (which is the highest amount spent by a single province) due to the implementation of Human Resource Operational Project Team. KwaZulu-Natal spent R387.4 million (which is the lowest amount spent by a province).

With respect to the conditional grants, the National Treasury reported that the overall spending by provincial departments has declined by 10 per cent compared to the same period in the previous year. The largest declines in spending were identified in the provincial departments of education of Eastern Cape, Mpumalanga and North West. The National Treasury concluded that the spending on the HIV and AIDS grant indicates that national and provincial departments of education need to manage cash flows more prudently.

The National Treasury reported that the budget of the North West’s Provincial Department of Education for the HIV/AIDS had been cut based on the fact that this department had been spending grant funds on programmes not meant for. The National Treasury added that this provincial department had used the grant funds meant for administration purposes to purchase capital asset like vehicles. The National Treasury said that was not allowed. Furthermore, the National Treasury reported that the provincial department of education of North West was identified as one of the provincial departments with noticeable supply chain management challenges.

The National Treasury informed the Committee that the provincial departments of education of Mpumalanga, Eastern Cape and North West were spending lower than expected in comparison to the same period in the 2008/9 financial year. With respect to the Provincial Department of Education of Northern Cape, the National Treasury said this provincial department was improving on spending on the HIV/AIDS programme. But the National Department of Basic Education disputed this and reported that the Northern Cape’s Provincial Department of Education was the only provincial department that had not submitted its performance reports as required by the Division of Revenue Act (DORA). The Department of Basic Education said this was in violation of Section 12 of the DORA.

2.2 The Province of the Eastern Cape The Eastern Cape’s Provincial Department of Education (PoEC) reported that they have been allocated R30.17 million for the HIV and Aids Grant and they have planned to spend R22.63 million, but spent R22.63 million (or 59 per cent) on this grant. Put differently, the PoEC have under-spent by R4.94 million.

The PoEC reported that 1 100 educators were trained on: the integration of HIV and AIDS issues into curriculum; the coordination of all Life-skills HIV and AIDS projects, seminars, conferences and campaigns; report writing and monitoring and evaluation of the programme (Integration of HIV and AIDS into curriculum). The PoEC added that 5 314 Early Childhood Development practitioners were trained on HIV and AIDS broad games; and 10 000 learners were trained in peer education. The PoEC further reported that the afore- mentioned learners coordinated campaigns against teenage pregnancy and, drug and substance abuse in 800 schools and its surrounding communities. The PoEC further reported that Orphans and Vulnerable Children’s programme in 300 schools was rolled out, and that these programmes provided academic materials and psycho-social support to orphans and vulnerable learners with an aim to promote access and retention of this category of learners in the schooling system. The PoEC further reported that the Health Advisory Committees in 300 schools were established and capacitated to ensure that there are functional Life-skills HIV and AIDS programmes in schools.

The PoEC further reported that reasons for its under-expenditure are as follows: • Fewer activities in the business plan were planned for the third quarter of the financial year because the emphasis is on examination preparations during October/November; this further affects the availability of the targeted groups (learners and educators) for the Life-skills HIV and AIDS programme; and • Transfer of conditional grant’s money was done in tranches. Some of these transfers are made in October and it is not appropriate to conduct training during this time of the year owing to the end-of-the- year examinations. Implication is that money that is transferred during this time remains unspent due time table priorities.

The PoEC informed the Committee that the mechanisms to deal with the under- Expenditure on the HIV and AIDS conditional grant as reported by the Eastern Cape are as follows:

• To motivate for rollover from 2009/10 financial year to deal with the
  under-expenditure of R2.59 million; and
• The under-expenditure will be off-set by the accruals of R2.52 million
  for the 2009/10 financial year.

With respect to reporting, the PoEC reported that: • The monthly in-year monitoring meetings were held and monthly reports were compiled and submitted to relevant stakeholders; • The reports were submitted to the National Department of Education (as the transferring Department); • All schools implementing the training programme have been monitored by district department of education; and • Annual evaluation for the 2009/10 financial year shall be conducted on 03-07 May 2010 and a report will to be forwarded to National Department of Education.

Furthermore, the PoEC reported that irregularities were suspected on spending HIV& AIDS Life-skills grant, and that the Special Investigation Unit was to conduct investigation and charges against certain employees have been formulated and a disciplinary hearing date has been scheduled for 19 April 2010.

2.3 The Province of Limpopo The Limpopo’s Provincial Department of Education (PoL) reported that an initial amount of R25.88 million was allocated for the financial year 2009/10 and that this amount has been spent. The PoL further reported that the roll-over from the 2008/09 financial year was R3.9 million. This roll- over, reported the PoL, has pushed the adjusted budget for the 2009/10 financial year to R29.79 million. Furthermore, the PoL reported that only R0.6 million of the R3.9 million rollover was spent. And that this insignificant spending level has resulted in the total expenditure for the 2009/10 financial year to amount to R26.51 million. The PoL reported that it has under-spent by 11.2 per cent (or by R3.28 million). This amount reduces to R2.8 million when taking into account commitments made.

The reasons for under-spending were reported as follow: • There was a delay in the appointment of home-based care givers and those care givers were appointed towards the end of the 2009/10 financial year; and • The appointment of the service provider for the training of adult- based education and training coordinators and practitioners did not take place due to delay in the supply chain processes.

The PoL informed the Committee that there are spending intervention plans for 2010/11 financial year in order to improve on spending. These interventions include: assuring that all activities which involve supply chain processes shall be conducted at the beginning of the financial year; appointment of additional staff to coordinate HIV and AIDS (Life Skills) grant at a district level to assist 3 officials at the head office who are under-staffed.

2.4 The Province of Mpumalanga The Mpumalanga’s Provincial Department of Education (PoM) reported that it was allocated R14.63 million for the 2009/10 financial year and a roll-over of R0.36 million. The PoM further reported that the actual expenditure was R8 116 million as at 31 December 2009.

The PoM reported that it had planned to train 1 800 educators on sexuality education and prevention of drugs and substance abuse, but trained 2 173 educators. The PoM further reported that it had planned to train 120 master trainers but trained 118 master trainers. The PoM further reported that it had planned to train 600 members of the school management teams on policy development but it managed to train 450 members. Furthermore, the PoM reported that it planned to convert 600 schools into nodes of care and support for Orphaned and Vulnerable Children (OVC) but it managed to convert 339 schools. And in addition, 1 692 educators and other support staff were trained on OVC programmes against a target of 1 800, and one coordinated service delivery campaign was held and it reached 43 schools.

The PoM reported that 1 680 grade ten learners were educated on a peer support programme which intended to promote healthy living styles, the initial target was to empower 3 000 Learners. The PoM further reported that one Soul Buddyz Congress was hosted and 450 delegates attended the event, and 637 Soul Buddyz clubs have been established.

The PoM reported that, with respect to Learner-Teacher Support Materials, it had planned to train 5 000 educators and 3 600 learners, but it managed to train 4666 and 3 000 respectively. In terms of advocacy, the PoM reported that 9 open discussion workshops were conducted against a target of 12 workshops. The PoM further reported that only 12 School Governing Bodies (SGBs) were trained out of 48 clusters of SGBs. Furthermore, the PoM reported that 3 workshops on Faith Based Organizations were conducted.

With respect to monitoring, evaluation and reporting, the PoM reported that monitoring is done as per the requirements of the Division of Revenue Act and the Public Finance Management Act. This is done, said the province, within the broader monitoring process led by the Department of Basic Education (DoE). The PoM further reported that 3 life skills officials monitor and support the implementation of the programme on a quarterly basis. The PoM said it has employed 10 life skills regional officials who monitor the implementation of the programme by visiting the schools and submitting reports to the provincial office. In addition, the PoM reported that quarterly and annual reports are compiled and sent to the DoE and National Treasury by the provincial officials reporting on financial and non-financial indicators.

The PoM reported that a provincial evaluation team consisting of officials responsible for the grants conducted pre-evaluation of 10 to 20 schools. This was done before the final evaluation by the national department was conducted at the end of the financial year. The PoM further reported that the national coordinator of life skills and the Development Support Directorate monitored the implementation of the programme twice a year as per Grant Framework. Furthermore, the PoM reported that 12 monthly reports, 4 quarterly reports and annual reports were compiled and submitted to the National Department of Basic Education and National Treasury, and that 4 regions submitted monthly, quarterly and annually reports to the Regional Director and Provincial Officer.

The PoM reported that a number of issues have contributed to under- spending, including a system used in the province which entailed delivery of activities by the Education department and payments processed utilizing the equitable shares budget. The province reported that it was allowed to claim back amounts utilized from Provincial Treasury. Furthermore, the PoM reported that it had cash flow challenges as a result there were delays in effecting payments of service providers; and that payment schedule for the third quarter was transferred at the end of October of the financial year which had affected spending of the grants in the third quarter.

The PoM informed to the Committee that the proposed solutions to its challenges include reviewing the provincial arrangement with Provincial Treasury which should be relooked at to resolve the cash flow challenges. In addition, the PoM reported that curriculum support staff is to be invited to assist with the monitoring of the delivery of the programme at schools. 2.5 The Province of Northern Cape The Northern Cape’s Provincial Department of Education (PoNC) reported that it was allocated R3.83 million, and it had spent R3.68 million (96 per cent) as at 31 December 2009.

On achievements, the PoNC reported that a total of 4 485 learners were reached through advocacy programmes to raise awareness on HIV and AIDS. The PoNC presented that 84 schools, Adult-Based Education and Training, and Further Education Training College sites are being monitored; 105 learners were motivated through the Matric Intervention programme; 33 educators were trained in Care and Support programme; 74 educators were trained as Lay Counsellors; 25 educators were trained in Drug Abuse; and 196 learners were trained as Peer Educators.

The PoNC further reported that an approved monitoring tool was utilised by schools and district offices to monitor the implementation of the Life Skills and HIV & AIDS Education programme. The PoNC reported that bi- monthly meetings were held with districts to monitor progress and address challenges. The PoNC added that monthly, quarterly and annual reports were submitted by the district offices. However, the PoNC informed the Committee that there were challenges that were experienced in districts due to, mainly, inavailability of coordinators.

The PoNC informed the Committee that there are no Life Skills and HIV & AIDS coordinators in the Siyanda and John Taolo Gaetsewe Districts and this contributed to under spending. In addition, the PoEC reported that it did not have clerical staff in the Life Skills and HIV & AIDS Unit to capture data and process payments.

2.6 The Province of North West The North West’s Provincial Department of Education (PoNW) reported that it was allocated a total of R12.91 million and had a rollover of R1.21 million. Therefore, its adjusted budget amounted to R14.12 million. Furthermore, the PoNW reported that it spent R10.41 million (73.7 per cent) as at 31 December 2009 and that available funds amounted to R3.71 million.

The PoNW reported that the process of monitoring was undertaken by 36 life orientation and life skills specialists. The PoNW added that the process of monitoring was undertaken by 35 Child Care Coordinators. The PoNW noted that, although it had the aforementioned coordinators and specialists, there was still a shortage of vehicles which negatively impact on their performance. Furthermore, the PoNW reported that the afore-mentioned coordinators were allocated 8 schools each. However, these officials extended their services to other schools. The PoNW reported that, in addition to coordinators, the monitoring process is undertaken by the provincial Internal Audit unit and regular meetings were convened with the HIV/AIDS Life Skills unit.

On under spending, the PoNW reported that it had experienced problems in procuring first aid kits which led to under spending. The PoNW explained that although the procurement of First Aid Kits for schools was initiated early in 2009 it was yet to be finalized. The PoNW said it had consulted the Department of Health (DoH) and National Treasury and raised the issue but the Icembe Medical Suppliers and Central Medical Suppliers failed to deliver items to the value of R200 740. The PoNW reported that as a corrective intervention, due to the delay, National Treasury was requested to intervene and could not succeed and the order was cancelled. Furthermore, the PoNW reported that the procurement of career guides to the total value of R519 840 led to under spending because the service provider was unable to produce a valid tax clearance certificate after it transpired that the tax certificate had expired.

The PoNW reported that the tender for hygiene packs for orphans and vulnerable children to the value of R4.52 million (35 per cent of the HIV/Aids conditional grant) was awarded to the company called Industrimed. And the first consignment of hygiene packs delivered to the PoNW did not conform to contract specification and the matter was following a legal process. The PoNW further reported that it had requested a rollover of R3.6 million to enable it to pay the service provider once the quality hygiene packs had been addressed.

With respect to reporting, the PoNW argued that monthly and quarterly reports are duly submitted to the life skills HIV/Aids coordinator at the National Department of Basic Education; the Senior Management Team of the North West Department of Education; and Provincial Treasury.

1. Observations

The Committee is of the view that there are challenges that persist within the provincial departments of education with respect to supply chain management processes.

The Committee ascertained that some provincial departments of education do not comply with provisions of the Division of Revenue Act.

The Committee identified that some provincial departments of education do not follow proper reporting procedures as stipulated in the Public Finance Management Act.

The Committee observed that payment schedule of the third quarter is transferred towards the end of October of each year. Implication is that provincial departments must plan more activities during the first, second and fourth quarters of the financial year. It is proposed that the National Treasury should not transfer funds for the third quarter in October because it is an examination time which is followed by holidays.

The Committee has identified that the provincial departments do not follow their business plans and/or they spend their conditional grants for other items other than the intended purposes of these conditional grants.

5 Recommendations

Having considered the presentations on the spending on the HIV/Aids (Life Skills) conditional grant by the National Treasury and the afore-mentioned provincial departments, the Select Committee on Appropriations recommends that the National Council of Provinces considers the following:

5.1 That all provincial departments of education should formulate, implement, monitor and evaluate proper tendering and tender-related payment processes within three months after the adoption of this report by the House.

5.2 That all provincial departments of education should ensure that conditional grants are only spent as per provisions of the Division of Revenue Act.

5.3 That all provincial departments of education should report to all relevant stakeholders as per Public Finance Management Act.

5.4 That all provincial departments of education should improve the management of compensation budgets and control their growth in line with spending on other items. 5.5 That all provincial departments of education should ensure the full payment for relevant services of relevant service providers out of HIV/AIDS grant budget.

Report to be considered.

1. Report of the Select Committee on Appropriations on the third quarter conditional grants’ spending patterns on Community Library Services Grant for the 2009/10 financial year, dated 01 June 2010.

2. Introduction The Select Committee on Appropriations (the Committee) invited nine provincial departments of arts and culture that were either under-spending or over-spending on the Community Library Services Grant to make a presentation on their third quarter spending in the 2009/10 financial year. The statistics on spending patterns were published by the National Treasury in March 2010.

The Committee’s meeting took place on 19 May 2010 and was held in Committee Room E249 at Parliament.

1. Terms of reference The public hearings formed part of the Committee’s ongoing interaction with provinces to monitor their spending patterns on conditional grants allocated to them. A framework for the grant sets out, among other things, the purpose of the grant, measurable objectives, conditions, allocation criteria and past performance.

Provincial departments of arts and culture were requested to make a presentation on the Community Library Services Grant and to take the following into consideration: • Data trends in allocations, transfers and actual expenditure of conditional grants of the department; • Assessment of the department’s monitoring capacity for the financial year 2009/2010, indicating under/overspending and capacity constraints that impacted on these outcomes; • Report whether monthly reports are received from receiving departments or municipalities and, if not, what the departments are doing in order to ensure compliance with monthly reporting; and • Medium term strategic plans.

The provincial departments of arts and culture in the Western Cape, Limpopo, Eastern Cape, Gauteng, KwaZulu Natal, North West, Free State and Northern Cape were identified and invited to participate in the hearings. All the provincial departments, except Mpumalanga, honoured the invitation.

The National Treasury was invited to brief the Committee on the third quarter spending of the above-mentioned provincial departments.

3 Presentations

3.1 National Treasury

The National Treasury reported that the adjusted budget for the third quarter of the 2009/10 financial year was R461 million and the total projected outcome was R444 million. The National Treasury added that the provincial departments of arts and culture had spent R281 million (61 %) at the end of the third quarter. Only the Northern Cape’s Department of Arts and Culture had a projected over-spending of R9 million. The National Treasury further reported on two provincial departments of arts and culture that had a projected under-spending totalling R26.7 million (that is, R25.3 million for the Eastern Cape and R1.4 million for Gauteng).

The National Treasury reported that the Community Library Services grant had been increased by 30 per cent from R338 million in the 2008/09 financial year to R440.6 million in the 2009/10 financial year. The National Treasury reported that some of the provincial departments of arts and culture transferred a significant portion of their budgets to municipalities (eg Gauteng transferred 84%). Some provincial departments of arts and culture had spent significantly on capital assets such as library buildings, information communication and technology (ICT) infrastructure (namely 63% for Mpumalanga, 49% for Northern Cape and 46% for Limpopo). The National Treasury commented that, in general, the most significant focus area for spending was on goods and services (e.g. library books). However, the National Treasury noted that co-ordinating municipal planning and project execution appeared to be one of the challenges facing the provincial departments of arts and culture. The National Treasury furthermore pointed out that the need for upgrading ICT infrastructure was of significance in many provinces, and that the provincial departments of arts and culture were affected by supply chain management’s delays and challenges and only 77% or less of the capital budgets for any provincial department of arts and culture had been spent as at 31 March 2010.

3.2 The Province of the Free State

The Free State’s Provincial Department of Arts and Culture (PoFS) reported that it was allocated R40.3 million and the actual spending at the end of the third quarter was R20.6 million (51%) at the end of the third quarter of the 2009/10 financial year. The PoFS highlighted that ICT infrastructure, equipment and networks were installed at 45 of the 59 targeted libraries. The PoFS presented that there was a delay with delivery of equipment and the installation of networks in Philippolis due to the failure of a contractor to deliver these services. The PoFS added that the State Information Technology Agency (SITA) had to appoint a new contractor to offer such services. The PoFS reported an under-spending by R8.9 million because of the late installation of networks and delays by SITA in invoicing for data lines. With regard to goods and services the PoFS reported that underspending on furniture and equipment was due to over- budgeting for maintenance and late invoicing.

The PoFS reported that underspending was caused, among other things, by the following: delays in recruitment and appointment of librarians; procurement challenges; the Free State’s Provincial Treasury directives on the arrangement of new contracts; and the late or non-delivery of orders for library materials. The PoFS informed the Committee that plans were in place to address these shortcomings. These plans include obtaining approval to amend the committee’s business plan in order to redirect underspent funds to other projects and to obtain approval from the Free State’s Provincial Treasury to deviate from directives. Furthermore, the PoFS reported that it intended to appoint an infrastructure manager to assist the Department of Public Works with infrastructure contracts and improve the monitoring of infrastructure projects.

The PoFS further reported on its intention to enter into a Service Level Agreement with the Department of Public Works and the Department of Rural Development and Land Reform, to expand the database of suppliers of library materials (to have alternative suppliers) and to strengthen the management capacity in the Library Services Directorate by filling two vacant posts of deputy directors.

With respect to monitoring capacity, the PoFS reported that it had a Financial Control Committee and that spending was monitored by the Chief Financial Officer. The PoFS further reported that finance, supply chain management and human resources clerks were appointed in line with the Community Library Services Grant to focus on grant commitments.

It was further reported that a good reporting system had been established because quarterly reports were submitted to the National Treasury through the Free State’s Provincial Treasury. In-year monthly reports, together with monthly progress and evaluation reports, were also submitted.

3.3 The Province of the Eastern Cape

The Eastern Cape’s Provincial Department of Arts and Culture (PoEC) reported that it had an approved budget of R55.5 million. The PoEC said that, at the end of the third quarter, it had committed R6.3 million but the actual spending was R30 million.

The PoEC argued that the major contributing factor to under-spending was non-construction of a new library in Mount Ayliff due to challenges in the capturing of an infrastructure budget in the National Treasury infrastructure documents. It also reported on the non-appointment of 12 librarians as this action was dependent on the completion of renovations to the library. Procurement of ICT equipment was delayed; the purchasing of container libraries was put on hold due to tender discrepancies; non- payment of stipends to trainers who were responsible for literacy programme; shifting of maintenance of the ICT budget to provide for datalines in public libraries was delayed by the Premier’s Office and SITA. Furthermore, the PoEC reported that there was a lack of credible service providers for training library workers.

The PoEC reported a number of achievements that included the procurement of a server that will link all libraries and the provincial office; the installation of CCTV security systems in 14 libraries; 35 libraries had been cabled; 20 libraries had been installed with datalines; and all library materials had been purchased (but were not yet received).

The PoEC explained that monitoring and administration of the grant was centralized in one office. The PoEC explained that a project manager, core staff and three network controllers were appointed.They work together with SITA in all ICT projects based at the provincial office. The PoEC reported that local municipalities supported the deployment of staff in community libraries. The user and circulation statistics at community libraries were monitored by both municipalities and district offices.

The PoEC reported challenges, namely delays in the implementation of projects by SITA and the Department of Public Works’ and the classification of renovation projects as incubators and not priority projects by the Department of Public Works.

The PoEC concluded that the Constitutional arrangements for delivery of library services still remained a challenge. The PoEC said that its spending was supposed to be at 75% of the adopted budget but the actual spending was at 54%. When combining commitments and actual spending as in the third quarter, the PoEC had spent 66% at the end of the third quarter and projected spending of 91% at the end of the 2009/10 financial year.

3.4 The Province of Limpopo

The Limpopo’s Provincial Department of Arts and Culture (PoL) reported that, for Community Library Services grants, it had spent R36.7 million (60%) against a budget of R61.3 million as at the end of December 2009.

The PoL reported that its budget, as adopted, was increased from R23 million in the 2007/08 financial year to R43 million for the 2008/09 financial year. A further increase from R43 million in the 2008/09 financial year to R55 million in the 2009/10 financial year had been effected. This allocation had been increased to R63 million for the 2010/11 financial year. The PoL said that the difference of R5.4 million in 2008/09 and R5.4 million in 2009/10 was effected as a result of roll-overs received from the National Department of Arts and Culture.

The PoL reported that spending in the Community Library grant increased from R17 million in the 2007/08 financial year to R40 million in the 2008/09 financial year. The PoL reported that its Community Library grant was further increased from R40 million in the 2008/09 financial year to a projected R61.3 million in the 2009/10 financial year. The PoL said that the projected spending for the 2010/11 financial year is R63 million. The PoL reported that spending was projected to increase by 53% between the 2008/09 and 2009/10 financial years and by 2% between the 2009/10 and 2010/11 financial years.

The PoL reported that the contributing factor to under-spending included the incapacity of contractors to deliver on infrastructure projects, e.g. a delay in the construction of Fetakgomo Library and the maintenance of Marble Hall Library; a delay to build the Ga-Phahla Library due to disputes; inadequate co-ordination of projects in collaboration with the implementing agent and the Provincial Department of Public Works; the PoL’s inadequate capacity for project management and monitoring, and the lack of adequate technical skills which causes it to rely on third parties for the implementation of its infrastructure projects.

The PoL reported that its intention to improve the monitoring of capacity by acquiring technical assistance and improving communication with the implementing agent. A Steering Committee and Library Forums were to be established and co-ordinated by the provincial office.

3.5 The Province of Western Cape

The Western Cape’s Provincial Department of Arts and Culture (PoWC) reported that it was in partnership with the local municipalities which served as implementing agents for projects. Memoranda of agreement had been signed with 28 municipalities for the implementation of projects that include staffing of public libraries, literacy projects and maintenance or the upgrading of projects. The PoWC added that it signed a memorandum of understanding with municipalities with regard to the implementation of the Rural Library Connectivity Project and Information and Communication Technology (ICT) projects.

The PoWC reported that its total budget for the 2009/10 financial year was R41 million. At the end of the third quarter its actual expenditure was R21.1 million (51.6%) and the projected outcome was R41 million (100%) as at the end of the third quarter. The PoWC presented that R31.4 million (76.6%) of the provincial allocation was spent on the appointment of additional staff, literacy programmes and the maintenance and upgrading of projects. Furthermore, centrally-managed projects include the establishment of mobile book trolleys, the purchasing of library material, a Rural Library Connectivity Project and grant management.

The PoWC reported that reasons for under-spending included delays by suppliers to deliver mobile book trolleys and library material; the cost of ICT equipment and mobile book trolleys were less than budgeted for, and cost savings were spent on books during the fourth quarter. The PoWC reported that its monitoring function was performed through scheduled official site visits and a total of 1 478 monitoring visits were undertaken in the 2009/10 financial year. All the municipalities submitted their costed business plans together with signed memoranda of agreement. Monthly Finance Focus meetings were held to monitor spending on conditional grants.

With regard to compliance with monthly reporting, the PoWC presented that monthly expenditure reports were submitted on a standard template designed to provide information that is required for analysis. The PoWC added that standard follow-up procedures were used to ensure that reports had been received. The PoWC reported that monitoring visits to non-compliant municipalities, as well as those that requested assistance, were undertaken. Formal requests were made to non-compliant municipalities when these reports were not submitted. The PoWC also reported that it had spent 100% of its grant by the end of the financial year.

3.6 The Province of Northern Cape

The Northern Cape’s Provincial Department of Arts and Culture (PoNC) reported that its final appropriation for the 2009/10 financial year was R69.4 million and the actual amount spent was R57.5 million. The PoWC reported a variance of R11.8 million and spending expenditure as a percentage of final appropriation of 83%.

The PoNC reported that reasons for under-spending by R11.8 million included current payments amounting to R1.8 million and library material that was procured through tender processes but were not delivered in full. The PoNC reported that a rollover of R1.5 million was requested. Furthermore, a transfer of an amount of R106 000 was withheld from one municipality because it did not comply with transfer’ requirements. A further amount of R9.8 million was meant for the construction of two of the three new libraries which could not be completed by the end of 2009. It was reported that these projects would be completed in July 2010 and a rollover of R9.8 million was requested for the completion of infrastructural development.

The PoNC reported that its 2009/10 business plan provided for service delivery in rural areas; the implementation of a digital library service system in six sites; promoting library usage and reading promotion programmes; the construction of three new libraries; training staff on library services symposium; transferring funds to municipalities; and for the maintenance of information technology (IT) infrastructure at 86 points.

With respect to the monitoring of transfers, the PoNC reported that heads of libraries at community level were trained on transfer requirements and the monitoring of transfers. Municipalities were also expected to submit monthly reports. These reports covered library usage and programmes, business plan rollouts and the challenges that were experienced.

The PoNC reported that challenges in the supply chain management’s tender process for the procurement of library material was, amongst other things, contributing towards under-spending. It concluded that library material was not delivered on time for distribution within the financial year.

3.7 The Province of Gauteng

The Gauteng’s Provincial Department of Arts and Culture (PoG) reported that it was allocated R46 million plus a rollover of R1.7 million in the 2009/10 financial year. In total, its adjusted budget for the financial year was R47,7 million. The PoG reported that it received R40.8 million from the National Department of Arts and Culture and an amount of R45.5 million was transferred to municipalities. The Province projected an under-spending of R1.4 million by the end of the third quarter.

The PoG reported that a number of challenges had been experienced by municipalities with the conditions of the grants. These included, inter alia, a service provider filing for voluntary liquidation; vacancies that were not filled; slow procurement processes; unfurnished libraries; unsuitable conditions for the provision of services (mainly in Sekokeng); slow or no progress on certain projects; and instabilities in some of the municipalities.

The PoG added that other challenges relating to implementation are tight time-frames for spending of the grant whereas government and municipal financial years are different. The PoG further reported that the turn- around time for the application of amendments to business plans is lengthy and delays the implementation of projects. Furthermore, the PoG said that decision-making in municipalities was adversely affected due to the suspension of municipal managers and/or other vacant management posts.

3.8 The Province of KwaZulu Natal

The KwaZulu-Natal’s Provincial Department of Arts and Culture (PoKZN) reported that it was allocated R34.1 million for the 2009/10 financial year. R3.5 million was under-spent on this project and R1.4 million had been rolled over for the 2009/10 financial year. The PoKZN argued that under-spending related to an infrastructural project, a combined public library and regional library depot in Mbazwana. The PoKZN reported that 19 per cent of the annual allocation was transferred to municipalities.

The PoKZN reported that the reasons for under-spending an amount totaling R28 million, include the infrastructural project in Mbazwana which was due for completion by the end of the 2009/2010 financial year. The Mbazwana project was delayed due to labour disputes. This had been closely monitored and it is expected that the project be completed by August 2010 and not by January 2010 as initially estimated. The PoKZN commented that it was not unusual for building contractors in KwaZulu-Natal to fail meeting deadline targets and this was an alarming situation.

The PoKZN presented that monitoring of grant spending was conducted through monthly and quarterly reports which were submitted to the National Department of Arts and Culture and the Provincial Treasury. The Committee was informed that the PoKZN held reviews’ meetings with the National Department of Arts and Culture. The PoKZN reported that internal auditing on conditional grant spending was ongoing. Performance management audits were conducted by Manto Management Consultants as appointed by the National Department of Arts and Culture as from 29 July 2009. Evaluation Committee meetings and Provincial Treasury’s bi-lateral meetings were convened and inspection of sites was the responsibility of a Provincial Co-ordinator appointed by the National Department of Arts and Culture.

3.9 The Province of North West

The North West’s Provincial Department of Arts and Culture (PoNW) reported that it had been allocated R52.9 million and had a rollover of R1.9 million for the 2009/10 financial year. The PoNW said that the total allocation of R54.8 million for the 2009/10 financial year was allocated according to grant priorities. The grant priorities were reported by the PoNW as follows: capacity building in community libraries (staffing and training); construction, upgrading and maintenance of infrastructure; installing and upgrading information and communication technologies (ICT) for public access; procurement of books and other library materials; and promoting the culture of reading by procuring mobile library buses and conducting reading awareness campaigns through library promotion programmes. The PoNW reported that it spent R41.1 million (75 per cent) as at the end of the 2009/10 financial year.

The PoNW reported a number of achievements, including the procurement of a mobile library which was fully functional and was being used by five villages; provision of public internet access to 16 community libraries; procurement of 140 computers for community libraries; training of staff in community libraries on project management, computer literacy, disaster management and preservation; advanced toy library training and storytelling workshops were attended by 198 community library staff; 53 899 books were purchased and distributed to community libraries; R3 million had been transferred to Moretele Local Municipality for planning and design of the Dertig Community Library; Completion of Coligny Library extension in Ditsobotla Local Municipality and the maintenance of Wedela, Alabama and Welverdiend Community libraries.

The PoNW reported that a number of challenges contributed to under- spending. These include a delay in the construction of Ipelegeng Community Library valued at R2 million in Mamusa Local Municipality; a delayed tendering process for the construction of Utlwanang Community Library (valued at R2.5 million) in Lekwa-Teemane Local Municipality; late finalization of the tendering process to design and construct Lebaleng Community Library valued at R3.2 million in Maquassi-Hills Local Municipality; and a delay in the tender adjudication of Letsopa Community Library (valued at R0.9 million) in Tswaing Local municipality due to a municipal strike; late finalization of tender adjudication for appointment of consultants to construct Boikhutso Community Library in Ditsobotla Local Municipality; a tendering process for the design and planning phase of Mogwase Community Library (valued at R950 000) which was pending as at May 2010; and the disrupted extension of Koster Library in Ketleng-Rivier Municipality due to heavy rains.

Reasons for under-spending reported by the PoNW included seven infrastructural projects that were incomplete and the late appointment of service providers to supply vehicles, mobile library buses and security for community libraries. The PoNW reported that there was insufficient capacity in the Supply Chain Management Unit which has resulted in tender processes being delayed. As a remedial measure to this, the PoNW reported that a tender committee was established, it started its operations in February 2010 and is functional.

With respect to compliance with reporting, the PoNW stated that it has submitted monthly and quarterly reports to the National Department of Arts and Culture. However, the PoNW was struggling to get monthly spending reports from local municipalities.

The PoNW reported that intervention meetings with local municipalities that were receiving grants for capital projects were scheduled for the second week in May 2010 with the aim to address delays in the implementation of capital projects.

1. Observations

The Committee noted that challenges regarding the tendering and payment processes are ongoing in the provinces, and it recommended that this should be expedited. .

Most provincial departments of arts and culture reported that their respective provincial departments of public works had contributed to their under-spending because they appointed inexperienced contractors who failed to complete the projects.

The Committee observed that the provincial departments of arts and culture did not have a strategy to follow-up on funds transferred to municipalities and to ensure that such funds were spent on conditional grants priorities and, as a result, that had been the cause for misappropriation of taxpayers’ money.

The Committee observed that under-spending was caused by poor supply chain management processes.

The Committee noted that conditional grant funds that were transferred to municipalities appear as if they had not been spent even though they were reported as spent by provinces.

The Committee observed that some provincial departments of arts and culture spent most of their grants funds on the compensation of employees rather than on capital expenditure.

1. Recommendations

Having considered the presentations on the spending on the Community Library Services grant by the National Treasury and the afore-mentioned provincial departments, the Select Committee on Appropriations recommends that the National Council of Provinces considers the following:

1. That the provincial departments of arts and culture should strengthen their supply chain management units to avoid delays in the tendering processes.

2. That the provincial departments of arts and culture should develop monitoring tools to be utilised when they are monitoring spending on conditional grants by municipalities.

3. That the National Treasury and provincial departments of arts and culture should discuss effective ways of reporting spending on funds that are actually spent by municipalities, separate from committed funds.

4. That the provincial departments of public works should appoint experienced contractors with a good and sustained track record.

5. That the reporting requirements by municipalities should be improved to ensure that conditional grant funds transferred to municipalities were spent adequately.

6. That the provincial departments of arts and culture should refrain from spending grant funds on compensation of employees rather than purposes they were created for.

Report to be considered.

                      WEDNESDAY, 4 AUGUST 2010

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Trade and Industry

(a)     Government Notice No R.348 published in Government Gazette No
    33152 dated 7 May 2010:  Introduction of a compulsory specification
    for Compact Fluorescent Lamps (CFL’s), in terms of the National
    Regulator Compulsory Specifications Act, 2008 (Act No 5 of 2008).

(b)     General Notice No 396 published in Government Gazette No 33197
    dated 17 May 2010:  Prohibition of the use of the Moses Mabhida
    Stadium and other stadiums intellectual property rights, in terms
    of the Merchandise Marks Act, 1941 (Act No 17 of 1941).

(c)     General Notice No 409 published in Government Gazette No 33203
    dated 17 May 2010:  Consumer Affairs Committee: Report on the
    investigation conducted by the committee: Report No. 125, in terms
    of the Consumer Affairs (Unfair Business Practices) Act, 1988 (Act
    No 71 of 1988).

(d)     Government Notice No 443 published in Government Gazette No
    33211 dated 28 May 2010:  Amendment: Compulsory Specification for
    Replacement Brake Lining Assemblies for Road Vehicles, in terms of
    the National Regulator Compulsory Specifications Act, 2008 (Act No
    5 of 2008).

(e)     Government Notice No R.425 published in Government Gazette No
    33217 dated 24 May 2010:  2010 Soccer World Cup Liquor Regulations,
    in terms of the Liquor Act, 2003 (Act No 59 of 2003).

(f)     Government Notice No 493 published in Government Gazette No
    33259 dated 3 June 2010:  Effective date of the Probity and
    Information Sharing Register, in terms of the National Gambling
    Act, 2004 (Act No 7 of 2004).

(g)     Government Notice No 494 published in Government Gazette No
    33260 dated 3 June 2010:  Effective date of the National Register
    of Gambling Devices and Machines, in terms of the National Gambling
    Act, 2004 (Act No 7 of 2004).

 h) Government Notice No R.504 published in Government Gazette No 33265
    dated 11 June 2010:  Proposed introduction of a regulation for the
    environmental sustainability of buildings, in terms of the National
    Building Regulations and Building Standards Act, 1977 (Act No 103
    of 1977).


(i)     General Notice No 612 published in Government Gazette No 33309
    dated 25 June 2010:  Proposed prohibition on the use of certain
    words together with an emblem, in terms of the Merchandise Marks
    Act, 1941 (Act No 17 of 1941).


(j)     General Notice No 613 published in Government Gazette No 33309
    dated 25 June 2010:  Proposed prohibition on the use of certain
    words together with an emblem, in terms of the Merchandise Marks
    Act, 1941 (Act No 17 of 1941).

1. The Minister of Public Enterprises

   a) Report and Financial Statements of Eskom Holdings Limited (Eskom) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.

                    THURSDAY, 5 AUGUST 2010
   

ANNOUNCEMENTS

National Assembly and National Council of Provinces

1. Membership of Committees

1) The following changes to Committee membership have been made:

    Portfolio Committee on International Relations and Cooperation
    Appointed:          Dudley, Mrs C - ACDP


    Portfolio Committee on Higher Education and Training


    Discharged:    Dudley, Mrs C – ACDP


    Portfolio Committee on Sport and Recreation


    Appointed:          Lebenya-Ntanzi, Ms SP
    Discharged:    Sithole, Mr P


                        FRIDAY, 6 AUGUST 2010

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Economic Development

 a) Strategic Plan of the Competition Tribunal for 2010 – 2015 (Revised
    July 2010).

 b) Strategic Plan of the International Trade Administration Commission
    of South Africa (ITAC) for 2010 – 2013.

(c)     Medium Term Strategic Plan for the Khula Enterprise Finance
    (Ltd) for 2011 – 2013 and Business Plan 2010 - 2011.


(d)     Three Year Strategic Plan of the South African Micro-Finance
    Apex Fund (SAMAF) for 2010 – 2013.

COMMITTEE REPORTS

National Council of Provinces

1. Report of the Select Committee on Land and Environmental Affairs on the Agreement on Mutual Acceptance of Oenological Practices by the World Wine Trade Group (WWTG), dated 05 August 2010:

   The Select Committee on Land and Environmental Affairs, having considered the request for approval by Parliament of the Agreement on Mutual Acceptance of Oenological Practices by the World Wine Trade Group (WWTG), referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Agreement.

Report to be considered.

1. Report of the Select Committee on Land and Environmental Affairs on the Agreement on Requirements for Wine Labelling of the World Wine Trade Group (WWTG), dated 5 August 2010:

   The Select Committee on Land and Environmental Affairs, having considered the request for approval by Parliament of the Agreement on Requirements for Wine Labelling of the World Wine Trade Group (WWTG), referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Agreement.

Report to be considered.


                       FRIDAY, 10 AUGUST 2010

ANNOUNCEMENTS National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Classification of Bills by Joint Tagging Mechanism (JTM)

(1)    The JTM, in terms of Joint Rule 160(6), classified the following
     Bills as section 75 Bills:

      a) Deeds Registries Amendment Bill [B 13 – 2010] (National
         Assembly – sec 75).

      b) Sectional Titles Amendment Bill [B 14 – 2010] (National
         Assembly – sec 75).

      c) South African Citizenship Amendment Bill [B 17 – 2010]
         (National Assembly – sec 75).
      d) Births and Deaths Registration Amendment Bill [B 18 – 2010]
         (National Assembly – sec 75).

(2)    The JTM, in terms of Joint Rule 160(6), classified the following
     Bills as section 76 Bills:

      a) Independent Police Investigative Directorate Bill [B 15 –
         2010] (National Assembly – sec 76(1)).

      b) Civilian Secretariat for Police Service Bill [B 16 – 2010]
         (National Assembly – sec 76(1)).

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 10 August 2010:


    (a)      South African Reserve Bank Amendment Bill [B 10 – 2010]
         (National Assembly – sec 75).


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

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Public Enterprises

(a)     Report and Financial Statements of Transnet Limited for 2009-
    2010, including the Report of the Independent Auditors on the
    Financial Statements and Performance Information for 2009-2010.

                      WEDNESDAY, 11 AUGUST 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Classification of Bills by Joint Tagging Mechanism (JTM)

(1)    The JTM, in terms of Joint Rule 160(6), classified the following
     Bills as section 75 Bills:

      a) Local Government: Municipal Systems Amendment Bill [B 22 –
         2010] (National Assembly – sec 75).

      b) Higher Education Laws Amendment Bill [B 24 – 2010] (National
         Assembly – sec 75).

      c) Skills Development Levies Amendment Bill [B 25 – 2010]
         (National Assembly – sec 75).

(2)    The JTM, in terms of Joint Rule 160(6), classified the following
     Bills as section 76 Bills:

      a) Sectional Titles Schemes Management Bill [B 20 – 2010]
         (National Assembly – sec 76(1)).
      b) Community Schemes Ombud Service Bill [B 21 – 2010] (National
         Assembly – sec 76(1)).

      c) Higher Education and Training Laws Amendment Bill [B 26 –
         2010] (National Assembly – sec 76(1)).

National Council of Provinces

The Chairperson

1. Referral to Committees of papers tabled

(1)    The following papers are referred to the Select Committee on
     Finance for consideration and report:
     (a)     Protocol amending the Convention between the Government of
         the Republic of South Africa and the Government of Ireland for
         the avoidance of double taxation and the prevention of fiscal
         evasion with respect to taxes on income and capital gains,
         with protocol, tabled in terms of section 231(2) of the
         Constitution, 1996.


     (b)     Explanatory Memorandum to the Protocol amending the double
         taxation Convention with protocol between the Government of
         the Republic of South Africa and the Government of Ireland.


     (c)     Protocol amending the Convention between the Republic of
         South Africa and the Kingdom of Sweden for the avoidance of
         double taxation and the prevention of fiscal evasion with
         respect to taxes on income, tabled in terms of section 231(2)
         of the Constitution, 1996.


     (d)     Explanatory Memorandum to the Protocol amending the double
         taxation Convention between the Government of the Republic of
         South Africa and the Kingdom of Sweden.

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a)    Report of the Auditor-General to Parliament on an investigation
    at the Commission for Conciliation, Mediation and Arbitration
    (CCMA) – June 2010 [RP 193-2010].

1. The Minister of Water and Environmental Affairs

 a) General Notice No 654 published in Government Gazette No 33333
    dated 29 June 2010: Publication of Implementation Guidelines: For
    general public comments, in terms of the National Environmental
    Management Act, 1998 (Act No 107 of 1998).

 b) Government Notice No 579 published in Government Gazette No 33342
    dated 2 July 2010: Model Air Quality Management By-law, in terms of
    the National Environmental Management Act, 1998 (Act No 107 of
    1998).
 c) General Notice No 677 published in Government Gazette No 33348
    dated 2 July 2010: Bio-prospecting Benefit Sharing Agreement, in
    terms of the National Environmental Management: Biodiversity Act,
    2004 (Act No 10 of 2004).

 d) Government Notice No 596 published in Government Gazette No 33361
    dated 7 July 2010: Bio-prospecting, Access and Benefit Sharing
    Regulations, 2008, in terms of the National Environmental
    Management Act, 1998 (Act No 107 of 1998).

(e)     2009-2010 Yearly Report to Parliament in terms of section 26(1)
    of the National Environmental Management Act (NEMA), 1998 (Act No
    107 of 1998).

1. The Minister of Economic Development

 a) Strategic Plan of the Competition Commission for the period 1 April
    2010 to 31 March 2013.

 b) Strategic Plan of the Industrial Development Corporation of South
    Africa (Corporate Plan) for the period 1 April 2010 to 31 March
    2013.

National Council of Provinces

1. The Chairperson

(a)     The President of the Republic submitted the following letter
    dated 30 July 2010 to the Chairperson of the National Council of
    Provinces, informing members of the Council of the extension of the
    employment of the South African National Defence Force for a
    service in fulfilment of the international obligations of the
    Republic of South Africa towards the United Nations (UN) and
    African Union (AU) as part of the AU/UN Hybrid Operation in Darfur
    (UNAMID):

    EXTENSION OF THE EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE
    FORCE FOR A SERVICE IN FULFILMENT OF THE INTERNATIONAL OBLIGATIONS
    OF THE REPUBLIC OF SOUTH AFRICA TOWARDS THE UNITED NATIONS (UN) AND
    AFRICAN UNION (AU) AS PART OF THE AU/UN HYBRID OPERATION IN DARFUR


    This serves to inform the National Council of Provinces that I have
    extended the employment of eight hundred and fifty (850) members of
    the South African National Defence Force (SANDF) for service in
    fulfilment of the international obligations of the Republic of
    South Africa towards the United Nations (UN) and African Union (AU)
    as part of the AU/UN Hybrid Operation in Darfur (UNAMID).


    This employment is authorised in accordance with the provisions of
    section 201(2)(c) of the Constitution of the Republic of South
    Africa, 1996.


    Members of the SANDF were employed for service in fulfilment of the
    international obligations of the Republic of South Africa towards
    the UN and AU as part of UN/AU Hybrid Operation in Darfur. The
    employment of these members expired on 31 March 2010.


    The SANDF’s mission in the Darfur is not yet completed. The
    employment of 850 SANDF members is now extended from 01 April 2010
    until 31 March 2011.
    I will communicate this report to members of the National Assembly
    and wish to request that you bring the contents hereof to the
    attention of the National Council of Provinces.


    Regards


    signed
    J G ZUMA


(b)     The President of the Republic submitted the following letter
    dated 30 July 2010 to the Chairperson of the National Council of
    Provinces, informing members of the Council of the employment of
    the SA National Defence Force in co-operation with the South
    African Police Services in the prevention and combating of crime
    and maintenance and preservation of law and order within the
    Republic of South Africa and to render support to government
    departments during the hosting of the 2010 FIFA World Cup:

    EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE FOR SERVICE
    IN CO-OPERATION WITH THE SOUTH AFRICAN POLICE SERVICES IN THE
    PREVENTION AND COMBATING OF CRIME AND MAINTENANCE AND PRESERVATION
    OF LAW AND ORDER WITHIN THE REPUBLIC OF SOUTH AFRICA AND TO RENDER
    SUPPORT TO GOVERNMENT DEPARTMENTS DURING THE HOSTING OF THE 201
    FIFA WORLD CUP

    This serves to inform the National Council of Provinces that I have
    employed seven thousand one hundred and twenty (7120) members of
    the South African National Defence Force (SANDF), to cooperate with
    the South African Police Services in the prevention and combating
    of crime and maintenance and preservation of law and order within
    the Republic of South Africa and to render support to government
    departments during the hosting of the 2010 FIFA world cup over the
    period of 26 May to 18 July 2010.


    This employment is authorised in accordance with the provisions of
    section 201(2)(a) of the Constitution of the Republic of South
    Africa, 1996.


    I will communicate this report to members of the National Assembly
    and wish to request that you bring the contents hereof to the
    attention of the National Council of Provinces.


    Regards


    signed
    J G ZUMA

                      THURSDAY, 12 AUGUST 2010

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

(a)     Annual Financial Statements of the Corporation for Public
    Deposits for 2009-2010, including the Report of the Independent
    Auditors on the Financial Statements for 2009-2010.

National Council of Provinces

1. The Chairperson

   a) Submission of petition from the Residents of Chiawelo, Extension 5.

   Referred to the Committee on Petitions and Members’ Legislative
   Proposals for consideration and report.
   

   b) Report on the Taking Parliament to the People Programme: Limpopo: 23 - 26 March 2010:

CREDA INSERT - T100812e-insert1 – PAGES 2363 - 2405

                       FRIDAY, 13 AUGUST 2010

ANNOUNCEMENTS

National Council of Provinces

The Chairperson

1. Referral to Committees of papers tabled

   1) The following paper is referred to the Select Committee on Land and Environmental Affairs for consideration:

   a) 2009-10 Yearly Report to Parliament in terms of section 26(1)
      of the National Environmental Management Act, 1998 (Act No 107
      of 1998).
   

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Trade and Industry

Correction:  The following entry replaces item 1(d) published under
           Tablings in the name of the Minister of Trade and Industry
           in the Announcements, Tablings and Committee Reports of  4
           August 2010, on page 2286:


           (d)     Government Notice No R. 443 published in Government
                Gazette No 33211 dated 28 May 2010:  Amendment:
                Compulsory Specification for Replacement Brake Lining
                Assemblies for Road Vehicles, in terms of the National
                Regulator Compulsory Specifications Act, 2008 (Act No 5
                of 2008).

                       TUESDAY, 17 AUGUST 2010 COMMITTEE REPORTS

National Council of Provinces

1. Report of the Select Committee on Security and Constitutional Development on the Criminal Law (Forensic Procedures) Amendment Bill [B 2B - 2009], dated 17 August 2010:

   The Select Committee on Security and Constitutional Development, having considered the Criminal Law (Forensic Procedures) Amendment Bill [B 2B - 2009] (National Assembly – sec 75), referred to it, reports that it has agreed to the Bill without amendments.

   Report to be considered.