TUESDAY, 14 SEPTEMBER 2010 __

          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
                                ____

The Council met at 14:01.

The Acting 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.

The ACTING CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon members, let me just voice my surprise. Traditional gear is not only for women, but now I am seeing hon members in their Western suits and ties. [Laughter.] Anyway, hon ladies, thanks for paying heed to the message and you are all looking beautiful. [Applause.]

                          NOTICES OF MOTION

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

That the Council –

  1) notes with utter dismay and discontent revelations that the Western
     Cape Premier Helen Zille uses taxpayers’ monies to pay Heart  104.9
     FM for publicity;


  2) further notes that –

         i) the station’s managing director Gavin Meiring has  admitted
            that Premier Helen Zille has used the slot as Mayor of  the
            City of Cape Town before and took a  decision  to  continue
            with it in April this year;


        ii) early this month Premier Helen  Zille  and  her  government
            sought cheap  publicity  by  slamming  the  SABC’s  alleged
            attempts to offer the Western Cape government news coverage
            on its Interface programme;


       iii) the DA spokesperson for communication Niekie van  den  Berg
            publicly stated that “paying for any content during news or
            current  affairs  programming  violates  basic  tenets   of
            ethical journalism”; and

        iv) the Heart 104.9 contract  seems  to  have  attracted  other
            benefits for Premier Helen Zille, who received  substantial
            coverage and even appeared with several  DJs  of  the  same
            station on events that were disguised as “support  for  the
            World Cup and Bafana Bafana”; and
  3) takes this opportunity to condemn in the  harshest  possible  terms
     the double standard and hypocrisy of Premier Helen Zille and the DA
     for their unscrupulous attempt  to  mislead  the  people  of  South
     Africa and the Western Cape that the DA government in  the  Western
     Cape was not paying for media coverage  a  few  months  after  they
     committed over R2 million in  taxpayers’  funds  to  pay  for  news
     coverage.

Mr D A WORTH: Hon Chairperson, I wish to give notice that at the next sitting of this Council I will move:

That the Council –

  1) notes that the Free State has experienced huge losses due  to  veld
     fires over the past few weeks and, according to the  Department  of
     Agriculture, Forestry and Fisheries, more than 236 000 hectares  of
     grazing have been lost due to veld fires so far this year, of which
     151 000 hectares have been in September alone;


  2) further  notes  that  livestock  as  well  as  houses  and  farming
     equipment have been lost due to the various fires in the province;

  3) acknowledges that  the  agricultural  sector  cannot  afford  these
     losses during an economic recession;
  4) recognises that the agricultural sector in the province shed 10 000
     jobs last year, which has had a devastating  impact  on  struggling
     municipalities as people moved to towns and cities in search of new
     livelihoods; and

(5)   realises that the provincial government has no choice but to
     declare the worst hit areas in the province disaster areas and
     urges them to urgently assist the agricultural sector to enable
     them to survive until pastures have recovered and to maintain as
     many jobs as possible and to speed up the bureaucratic process to
     achieve this.

Mr D B FELDMAN: Chairperson, I wish to give notice that at the next sitting of this Council I shall move on behalf of Cope:

That the Council debates whether there is any justification for the Department of Public Works to continue in existence seeing that this function is being exercised elsewhere, as in the instance of Minister Siphiwe Nyanda’s department renting a building from the state-owned weapons manufacturer Denel at R4,3 million to provide accommodation for 13 Institute for Software and Satellite Applications employees.

Mrs E C VAN LINGEN: Chairperson, I wish to give notice that at the next sitting of the Council I will move:

That the Council –

  1) notes that the Weekend Post of 11 September 2010 reported on the
     front page how one moves up in the ANC ranks;


  2) further notes that a particular official at the Nelson Mandela
     Metro Municipality was involved in the controversy of obtaining 300
     golf shirts at R560 each and 300 carry bags at R216 each to a total
     value of R230 000 for a housing conference in 2004, after which the
     official was suspended on allegations of corruption, nepotism and
     bribery and eventually left of his own accord with a golden
     handshake of an estimated R1 million;


  3) also notes that this same official was thereafter appointed as the
     municipal manager of Sundays River Municipality in 2008, from which
     he was fired in July 2009 for gross mismanagement and misconduct,
     but was saved by the ANC regional executive who reinstated him;

  4) acknowledges that the Sundays River ratepayers obtained a court
     order to have him dismissed with charges for his own cost; and

  5) notes that this same official is now appointed in the Eastern cape
     provincial government in a top position in the department of local
     government to manage Operation Clean Audit 2014 for local
     government.

This wolf in sheep’s clothing has certainly qualified to move up in the ranks of the ANC.

Mr Z MLENZANA: Chairperson, I give notice that at the next sitting of the Council I shall move:

That the Council –

  1) debates the very serious allegations made by Gen Hlela that Gen
     Cele had lied to Parliament regarding Gen Cele’s direct and
     personal involvement in two rental deals;


  2) discusses the forced resignation of generals Hamilton Hlela,
     Matthews Sivundla and Stefanus Terblanche, who were involved in the
     SAPS supply chain management (SCM); and

(3)   therefore calls on the President to appoint a judicial commission
    of inquiry to reveal the truth.

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

That the Council debates the question raised by the Minister of Finance to the Minister of Communications regarding the failure of the SABC to table a turnaround strategy consistent with the stringent conditions imposed by government, in order to access the second tranche of the R1,47 billion loan secured through a loan guarantee issued by Treasury.

Mr R A LEES: Chairperson, I give notice that at the next sitting of the House I shall move on behalf of the DA:

That the Council –

  1) notes with concern the lack of a rebuttal by the ANC of the ANCYL’s
     rhetoric that  the  mining  industry  in  South  Africa  should  be
     nationalised;


  2)  further  notes  the  negative  impact  that   such   irresponsible
     pronouncements on the part of the ANC Youth League and the lack  of
     leadership  to  refute  these  pronouncements  have   on   investor
     confidence; and

(3) therefore condemns both the irresponsible rhetoric on the part of the ANC Youth League and its leader Mr Malema, as well as the lack of a clear direction from the President of South Africa that nationalisation of mining would be bad for the South African economy.

Mr S H PLAATJIE: Chairperson, I give notice that at the next sitting of the House I shall move on behalf of Cope:

That the Council debates whether government has been acting decisively and prosecuting to the full extent of the law all those who continue to illegally dump medical waste, seeing that this criminal practice is continuing without any abatement.

               PATRICIA DE LILLE’S DECISION TO JOIN DA

                         (Draft Resolution)

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

That the Council –

  1) notes with utter dismay that in a desperate attempt to salvage  her
     flagging and sinking political career, the leader of the soon-to-be-
     politically extinct Independent  Democrats  has  since  joined  the
     Democratic Alliance and  been  sworn  in  as  the  MEC  for  social
     development;


  2) further notes that in an attempt to appease Patricia De  Lille  for
     handing over the ID to the DA on a broken platter,  the  leader  of
     the DA and Premier of  the  Western  Cape  province,  Helen  Zille,
     discarded Lennit Max who was the MEC  for  safety  in  the  Western
     Cape; and

(3) takes this opportunity to call on the betrayed people of the Western Cape, particularly the communities that voted for the ID and the majority of the leaders who are opposed to this unholy alliance to realise that only the ANC, which has fought for their liberation for almost 100 years, understands their needs and conditions while the DA continues with its elitist agenda,which has resulted in the neglect of their communities in favour of white affluent areas.

Mr D V BLOEM: Chairperson, this is a question for clarity. Is it correct that the DA is “atheist”? It is just a question for clarity.

The ACTING CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Bloem, we have a very long list of people. Let us not waste time.

Mr A WATSON: Chairperson, if it is true, because I also heard the member refer to the DA as an atheist government, then I wish her to withdraw that word before we reject the …

The ACTING CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Watson, be specific. Who is that person?

Mr A WATSON: The motion that has just been read. The ACTING CHAIRPERSON OF THE NCOP (Ms T C Memela): I then ask hon Mncube to stand up and verify that.

Ms B V MNCUBE: Do you mean I must reread it?

The ACTING CHAIRPERSON OF THE NCOP (Ms T C Memela): Maybe … [Interjections.]

Ms B V MNCUBE: It is not there, no. You can read the motion.

The ACTING CHAIRPERSON OF THE NCOP (Ms T C Memela): Can you do it?

Ms B V MNCUBE: Sure. I hereby move without notice:

That the Council —

  1) notes with utter dismay that in a desperate attempt to salvage her
     flagging and sinking political career, the leader of the soon to be
     politically extinct ID has since joined the DA and been sworn in as
     the MEC for social development.

Maybe it was a matter of pronunciation. [Interjections.]

The ACTING CHAIRPERSON OF THE NCOP (Ms T C Memela): Order!

Ms B V MNCUBE: I continue: (2) further notes that … [Interjections.]

The ACTING CHAIRPERSON OF THE NCOP (Ms T C Memela): Wait! Wait!

Mr A WATSON: [Inaudible.]

The ACTING CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Watson, please do me a favour. She is still on the floor. I asked her to read.

Mr A WATSON: She has stopped.

The ACTING CHAIRPERSON OF THE NCOP (Ms T C Memela): I am not going to take this! I am going to make a ruling. Hon Mncube, would you hand over your script? We will verify it and, if the complaint is not a true reflection of it, then the people who have expressed their dissatisfaction will have to put their apology in writing as soon as possible. Thank you.

Mr A WATSON: It is nonsense! [Interjections.]

The ACTING CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Watson. Please people, put your hands down. Hon Watson …

Mr A WATSON: Madam Chair, I will not … The ACTING CHAIRPERSON OF THE NCOP (Ms T C Memela): No! No! No! Can you listen to me now? At no stage should you say “nonsense” when I talk; otherwise I am going to make a ruling and really seriously ask you to leave.

Mr A WATSON: I withdraw the word “nonsense”, Madam, if you heard it, but I will not, I tell you now, I will not apologise. I will not apologise.

The ACTING CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Watson, I am not prepared to entertain you. Can I proceed? I will need that in black and white. Thank you. The hon Nesi may proceed.

Mr B NESI: Chairperson, I move …

The ACTING CHAIRPERSON OF THE NCOP (Ms T C Memela): Wait! Wait! Before you speak, hon Nesi – I’m sorry about this – is there any objection? Hon Watson?

Mr A WATSON: You asked if there were any objections and I put my hand up.

The ACTING CHAIRPERSON OF THE NCOP (Ms T C Memela): Who else? That is fine. That being the case, in terms of section 65 of the Constitution the motion is … He’s making me angry! There is an objection and the motion therefore becomes a notice of motion. Hon Faber, I know you have had your hand up, but I have already asked hon Nesi. There is a reason why I chose him before … [Inaudible.] Proceed.

         REDEPLOYMENT OF HON T D HARRIS TO NATIONAL ASSEMBLY

                         (Draft Resolution)

Mr B NESI: Madam Chairperson, I move without notice:

That the Council -

  1) notes that the hon Mr T D Harris, who was the Western Cape
     Provincial Whip, has since been redeployed by the DA and sworn in
     as a member of the National Assembly; and


  2) takes this opportunity to congratulate the hon Harris for his
     diligence and commitment to his work since joining the NCOP in May
     2009 and wishes him well on his new deployment.

I hope the hon Watson will not object to this motion. Thank you. [Laughter.]

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

                          INTEREST RATE CUT
                         (Draft Resolution)

Mr T E CHAANE: Chairperson, I move without notice:

That the Council -

  1) notes that the South African Reserve Bank cut the interest rate by
     50 basis points to 6,0% as a result of the fragile recovery in the
     country’s economy and its vulnerability to an uncertain global
     environment;


  2) takes this opportunity to welcome the interest rate cut and
     acknowledges that it will help alleviate the economic hardship felt
     by many of our people; and

  3) encourages all South Africans to take advantage of this relief and
     refrain from fruitless and unnecessary expenditure.

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

                      PERFORMANCE OF SHARKS IN
                       CURRIE CUP COMPETITION

                         (Draft Resolution)

Mnr W F FABER: Voorsitter, ek stel sonder kennisgewing voor:

Dat die Raad –

(1) kennis neem dat die Sharks-rugbyspan die Pumas die naweek met 30- 14 verslaan het;

(2) verder kennis neem dat die Sharks-rugbyspan nou ver voor loop op die Curriebeker-reeks met ’n allemintige 41 punte, met die naaste span aan hulle die Westelike Provinsie met 33 punte, en dat dit dus ’n uitgemaakte saak is dat die Sharks na die kwarteindstryd van die Curriebeker-reeks sal vorder; en

(3) die Sharks-rugbyspan alle sterkte toewens met hul kragmeting teen die Vrystaat Cheetahs op Saterdag in Durban in die Shark-tenk en kennis neem dat hul ondersteuners ook geweldige simpatie het met al die ander Curriebeker-rugbyspanne wat nie naastenby op die Sharks se standard kan rugby speel nie.

Ek dank u. (Translation of Afrikaans draft resolution follows.)

[Mr W F FABER: Chairperson, I move without notice:

That the Council –

  1) notes that the Sharks rugby team beat the Pumas by 30-14 over the
     weekend;


  2) further notes that with a formidable 41 points the Sharks rugby
     team is now way ahead in the Currie Cup series, the team closest
     to them being the Western Province with 33 points, and that it is
     therefore a foregone conclusion that the Sharks will progress to
     the quarter-finals of the Currie Cup series; and

  3) wishes the Sharks rugby team well in their showdown against the
     Free State Cheetahs on Saturday in the Shark tank in Durban and
     notes that their supporters also have enormous sympathy with all
     the other rugby teams in the Currie Cup who cannot even come close
     to matching the level of rugby played by the Sharks.

I thank you.]

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

Mr K A SINCLAIR: Chair, I’m just a bit confused. I want to find out from which province the hon Faber comes. [Laughter.]

The ACTING CHAIRPERSON OF THE NCOP (Ms T C Memela): That’s not an objection. [Interjections.]

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

                   TRAGIC CAR ACCIDENT IN CULLINAN

                         (Draft Resolution)

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

That the Council -

  1) notes the tragic death of two teachers and the injury of a third
     teacher in a car accident involving a horse-and-trailer truck in
     Cullinan on the KwaMhlanga-Mamelodi route;


  2) further notes that the three teachers were teaching at Lethabong
     High School in the KwaMhlanga area and were on their way to a
     pupil’s funeral in Pretoria; and

  3) takes this opportunity to convey its condolences to the families of
     the teachers and the Lethabong High School for their loss and
     wishes the third teacher involved in the accident a speedy
     recovery.

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

                      NATIONAL CRIME STATISTICS

                         (Draft Resolution)

Mr T M H MOFOKENG: Madam Chair, I would like to move without notice:

That the Council -

  1) notes the release of the national crime statistics by the Minister
     of Police, the hon Mthethwa on 9 September 2010;


  2) further notes that the statistics show a decrease in murder,
     attempted murder, sexual offences, grievous bodily harm, aggravated
     robbery, cash-in-transit robbery, bank robbery, public or street
     robbery and carjacking and truck-jacking;


  3) acknowledges that more still needs to be done to rid our country of
     all kinds of criminality, particularly in fighting burglary at
     residential premises, robbery at non residential premises,
     commercial crimes and stock theft;


  4) takes this opportunity to –

        i) congratulate the tireless efforts and dedication of the
           South African Police Service and its Ministry to shield the
           people of South Africa from heartless and inhuman criminals;
           and


       ii) pay tribute to the 110 police officers who lost their lives
           in the fight against crime.

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

The ACTING CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Bloem, praat, jong! [talk, man!]

Mr D V BLOEM: Mama, no. I raised my hand and I explained that I had raised it on behalf of Nesi. Thank you very much for the opportunity, Mama. [Laughter.]

                 SUSPENSION OF PUBLIC SECTOR STRIKE

                         (Draft Resolution)

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

That the Council -

  1) notes the suspension of the public sector strike by the public
     sector unions; and


  2) takes this opportunity to congratulate the South African National
     Defence Force, SANDF, for responding to the call of our nation by
     deploying over 4 700 soldiers to 73 state hospitals to assist our
     people with emergencies and medical attention and patient care.

Motion agreed to in accordance with section 65 of the Constitution

                           HERITAGE DAY -
         CELEBRATING OUR LIVING HUMAN TREASURES AND HERITAGE

                      (Subject for Discussion)

The MINISTER OF ARTS AND CULTURE: Chairperson, hon members, addressing the UN General Assembly in October 1976, the then President of the ANC and great patriot and internationalist, Comrade O R Tambo, spoke about the contribution of the student uprising in helping to free South Africa. In the same speech he projected the vision of the ANC for a future South Africa. He said:

Like all other patriots, we love our country and its peoples — all its peoples. It is a varied land of snowcapped mountain peaks, of deserts and subtropical greenery covering vast mineral resources. Its warm seas to the east and cold ones to the west contain also large animal and mineral resources.

Our peoples, with their varied cultures which are continuously mingling and interacting to their mutual enrichment, exhibit, despite their conditions, a great love for life and a sensitive joy in the creative and humane endeavours of the peoples of the world, without exception.

These ordinary, industrious and peaceful people want to revolutionise themselves and their country.

It is this selfsame spirit described by Comrade O R Tambo that characterises our people today. It is indeed our great love for life and a sensitive joy that enables us to share our stories and to value our cultural expressions.

It is precisely our commitment to the creative and humane endeavours of the peoples of the world that has propelled us to want the story of our people, our nation and our national living human treasures to take pride of place in the narratives of the world, as our contribution to our own development, and as part of world culture.

It is in this context of drinking from the fountains of history and learning from the men and women of practical wisdom in our communities, who gave birth to us, that we are embarking upon an initiative to honour and celebrate our living human treasures.

Celebrating South Africa’s living human treasures – the custodians of our intangible cultural heritage - is an initiative of the Department of Arts and Culture to draw attention to the role played by our living legends and to seek to protect and preserve this knowledge and to transmit it to future generations.

Intangible cultural heritage covers a wide range of cultural manifestations, which include oral traditions and expression, language, performing arts, social practices, rituals and festive events, knowledge and practices concerning nature, the universe and traditional craftsmanship.

Unesco, the United Nations Educational, Scientific and Cultural Organisation, defines living heritage as being -

… transmitted from generation to generation. Culture is dynamic and is constantly being recreated in response to changes in the social and cultural environment. It provides individuals, groups and communities with a sense of identity and continuity and constitutes a guarantee for sustainable development.

However, due to globalisation and the technologies associated with it, heritage broadly and living heritage in particular are facing significant pressures. These pressures have resulted in people no longer practising and transmitting living heritage.

Cultures, once thriving, now face restriction and possible destruction. Ways of life that emphasise ubuntu and communalism have to compete with the individualism that comes out of highly materialistic societies that profit by and propagate through accumulation.

In order to address some of these realities, in 1993 the Republic of Korea proposed to the executive board of Unesco the establishment of a Unesco Living Human Treasures Programme. The board adopted a decision inviting member states to establish such systems in their respective countries. The purpose of establishing Living Human Treasures Systems is to preserve the knowledge and skills necessary for the performing, enactment or re-creation of intangible cultural heritage elements with high historical, artistic or cultural value.

In 2007, the Department of Arts and Culture embarked on the process of the ratification of the 2003 Unesco convention on intangible cultural heritage.

At the same time, the department began drafting a national policy on South African living heritage. The key objective of the policy is the safeguarding of living heritage, but it is also aimed at ensuring compliance with the convention once it is ratified. The draft National Policy on South African Living Heritage provides for the establishment of a national Living Human Treasures Programme as part of the protection, promotion and transmission of living heritage. The policy argues that the recognition of living treasures, as well as the encouragement of their role, will protect, preserve and promote living heritage.

The policy outlines the following selection criteria, namely the value of their skills as a testimony of human creative genius; the character and reputation of such individuals in their community; the risk of their knowledge disappearing; the ability to transmit living heritage; and the recommendation by the community.

The policy also makes provision for the posthumous recognition of living treasures, where strong recommendation is made by the bearer communities and where the strength of the criteria listed above is applicable. According to the policy, being a national living treasure is a lifelong status.

In this way, we shall recognise the value and importance of human agency in the transmission of norms, values and skills in society. The arts, culture and heritage sector is full of such distinguished individuals.

Unfortunately, due to a myriad of reasons, most of these individuals pass on without transferring their outstanding skills to other people. The department wants to arrest this and help to create the conditions for a seamless passing on of knowledge to future generations.

The department will host a national seminar on living human treasures on 30 September 2010 – and you are all invited, hon members. The main objective of the seminar is to start a national dialogue that will expand and further elaborate on the concept of living human treasures as articulated in national policy.

As from next year my department, in collaboration with other spheres of government and the provinces in particular, will begin identifying these living human treasures in a systematic and transparent manner.

This programme has the potential to significantly contribute to the outcome of one of government’s priorities and programmes of action, which is the improved quality of basic education, as well as Outcome 5, which is a skilled and capable workforce to support an inclusive growth path.

The Department of Arts and Culture is embarking on this project as a result of its significant potential to contribute to human development and job creation. This project also simplifies and puts a face on otherwise esoteric concepts of living or intangible cultural heritage. Another objective of the project is to bridge the intergenerational gap so that the youth of today can benefit from this knowledge and so that the elders are accorded respect and honour for the possession of this knowledge. In this way we can add value to contributions made over generations and take a long view of history and of sustaining development.

When we closely examine our intangible cultural heritage, we find there are many examples of contributions that need to make their way into our history books and be defined as part of our cultural wealth.

In the arena of literature and literary heritage, the Department of Arts and Culture has reprinted 27 titles by authors such as Sibusiso Nyembezi, O K Matsepe, A C Jordan, M L Bopape, T N Maumela, S P Lekabu and Samuel Mqhayi, who have made an indelible contribution to our cultural wealth. Many of the books were written in indigenous languages. The books are both informative and substantive, making younger readers aware of the literary merits of these writers. The next phase of this project is to identify more texts that need to be made available, as well as writings by our national living human treasures.

In the area of craft, traditional crafters are very important as the bearers of culturally specific craft products and skills that have been carried down through the generations in diverse communities around South Africa. Many of these craft products have meaning and significance to specific groups, like basketry, blanket-making, beadwork and clay pots, to mention but a few. We need to increase the contributions of these living human treasures in the crafts industry to take them to even greater heights.

In order to recover the indigenous music of the past, with the use of traditional instruments, the department has partnered with three institutions, namely the University of Fort Hare, the University of Zululand and the University of Venda, to do research in this area and to preserve and promote this musical culture.

An important method of preserving and amplifying our heritage comes through oral history as well.

Lastly, at the end of Women’s Month we honoured women in the arts with awards. The event was at the State Theatre, and it included a reproduction of some of their musical products, like those of Miriam Makeba. There are many others.

We were able to recognise as national living women treasures the likes of Dorothy Masuka, Abigail Kubheka, Nothembi Mkhwebane, the Mahotella Queens, Thandi Claassen, Miriam Tlali, Esther Mahlangu, Busi Mhlongo, and Sis Dolly Rathebe, to mention but a few. [Time expired.] [Applause.]

Ms M W MAKGATE: Ke a leboga, Modulasetulo. Tona ya lefapha, Maloko a Palamente a a leng fa … [Thank you Chairperson. Minister, Members of Parliament present here today …]

… hon Chairperson, I welcome this opportunity to speak on the very important topic: “Celebrating our Living Human Treasures and Heritage”. This topic is very relevant, as we all know that September is Heritage Month. Heritage refers to something which is inherited from one’s ancestors. It includes several different areas, such as natural heritage and cultural heritage.

Allow me to quote one of the cultural activists, Greg Richards, who said in 1996:

Cultural heritage tourism is important for various reasons; it has a positive economic and social impact, it establishes and reinforces identity, it helps preserve the cultural heritage… facilitates harmony and understanding among people.

Today we can proudly say we are South Africans, despite our diverse cultural backgrounds. We are one nation with one national identity.

National heritage sites reflect the birth and beauty of our heritage. South Africa has several national heritage sites, three of which have been selected for their cultural significance, another three for natural importance and one for a combination of both. These sites are, amongst others the Cradle of Humankind, which includes Swartkrans, Kromdraai and Environs, and Vredefort Dome.

Let me point out something important about the Vredefort Dome. It is situated 120 km from Johannesburg on the border of the North West and Free State provinces, and the greater portion of it is in the North West. It dates back 2 023 million years and it is the oldest astrobleme on the planet. It is also the site of the world’s greatest known energy release event. Many activities are enjoyed in this area, from river rafting, river tubing and abseiling to horse riding, to mention but a few, creating job opportunities for our people.

The division into homelands was based not only on colour, but common culture and language, which was a strategy of divide and rule. The cultural differences were exploited for political reasons, the Balkanisation of our country. It is for this reason that today, when we are debating this important topic, we should keep in mind the Preamble to our Constitution:

We, the people of South Africa, Recognise the injustices of our past; Honour those who suffered for justice and freedom in our land; Respect those who have worked to build and develop our country; and Believe that South Africa belongs to all who live in it, united in our diversity.

Article 1 of the Unesco Convention against Discrimination in Education defines the term “discrimination” as -

… any distinction, exclusion, limitation or preference… based on race, colour, sex, language, religion, political or other opinion, national or social origin …

Contrary to this, during the apartheid era the divisions between communities were based on race, and different laws governed education. The Bantu Education Act, Act 47 of 1953, was promulgated for Africans, the Coloured Persons Education Act, Act 47 of 1963, for coloured persons, and the Indians Education Act, Act 61 of 1965, for Indians.

These denied the majority of our people cultural education. They neglected indigenous languages and led to their underdevelopment. This led to the underdevelopment of our culture and denied us an opportunity to learn and develop our own languages. This discouraged and distorted the history of our people. There was no equal access to education and the right to learn in the mother tongue.

As this august House we have a responsibility to ensure that enough resources are allocated and programmes are in place to respond to these anomalies of distortion of our history and neglect of our mother tongues as the medium of instruction.

In its response, the ANC Freedom Charter, as adopted at the Congress of the People in Kliptown on 26 June 1955 states:

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

Article 5 in the draft Bill of Rights of the ANC, the 1993 Bill of Rights for a democratic South Africa, recognises the right of association, religion, language and culture.

Under language rights it is stated that the state shall act positively to further the development of these languages, especially in education, literature and the media, and to prevent the use of any language or languages for the purpose of domination or division. As we allocate resources in this House, the issue of development of these languages should remain a priority.

The manipulation of and attack on the cultural rights and practices of our people have manifested themselves in many ways, for example, the passing of bylaws which denied our people the right to practise their cultural beliefs. If I have to give an example, in the African culture, when there is a funeral, it is within our culture to slaughter a cow in the back yard of the bereaved family. Go tsholola madi ka setso sa rona … [In our culture to spill blood …]

… is an important ritual that needs to be observed. According to the bylaws that were imposed upon us it was seen as cruelty to animals.

We welcome the passing of legislation that gives recognition to our traditional healers and practices which were suppressed on the basis that they were barbaric. The practices that were observed by our people …

… go tswa kwa ga lowe e bile di na le bokgoni ba go thusa batho ba rona [… from ancient years also have a fulfilling role in our people’s lives].

This is part of our indigenous knowledge system. The Act provides for traditional healers to co-operate with western trained doctors and health institutions in our fight against prevalent diseases such as HIV/Aids. It provides for the erection of consulting rooms for those suffering from these dreaded diseases.

The Constitution of the Republic of South Africa is the supreme law of the country, founded on, amongst others, the following values: human dignity, the achievement of equality, the advancement of human rights and freedoms, the supremacy of the Constitution, and the rule of law.

These values, particularly the achievement of equality and the advancement of human rights and freedoms, underpin the right of the recognition of the protection of individuals, communities or minority groups. Today there is equality, and the right to education; freedom of religion, belief and opinion; and language and culture. The Constitution promotes cultural diversity and restoration of human dignity.

South African-based journalist and sociologist, Vidya Bhandarker, too familiar with religious wars in her home country, was inspired by President Jacob Zuma’s inauguration ceremony, which included prayers by various faiths, and had this to say:

I saw so much hope for the future of South Africa … I saw a Gandhian country - tolerance, patience, forgiveness and genuine bonhomie.

The importance of the point she makes about interfaith matters links directly with the freedom we enjoy in our country today, the “freedom of religion, belief and opinion”, as stated in the Constitution. In our struggle for freedom, the ANC has always ensured that there shall be freedom to worship and tolerance of all religions, and, indeed, this is what gives her hope about our country. Today we are a country at peace with itself because of the cultural tolerance amongst among our people.

The ANC draft Bill of Rights, 1993, asserts that sporting, recreational and cultural activities shall be encouraged on a nonracial basis, drawing on the talents and creative capacities of all South Africans, and autonomous organisations may be established to achieve these objectives. Our sports federations are transformed to fulfil objectives set out in this section. All South Africans participate on an equal footing to showcase their talents and to project our country as a sporting nation. Since the dawn of our democracy we have as a country used sports to promote reconciliation, social cohesion and nation-building.

Once again, the World Cup was a great success. Dr Danny Jordaan described it as the most important event since the end of apartheid in 1994. He also said: “It was a moment of special unity”.

It undoubtedly brought us together. We stood and celebrated together as a nation and we supported our national team as South Africans and hoisted our flag high across the class and racial divide. I thank you.

Mr A WATSON: Hon Chairperson, please allow me at the outset to deviate slightly from the subject in hand in order to say goodbye to our two very good friends and colleagues. Firstly, there is the hon Tim Harris, who has already taken up a position in the NA and has been appointed the DA’s shadow minister of trade and industry.

Secondly, there is our very well-loved hon Sherry Chen, who is leaving us at the end of September to devote more time to her charity work all over the world, but especially in Africa. This will be her last sitting.

I would like to have said a lot about these two exceptional people, but because I am using the little time that I have, I will just say that I will be missing them very much. I am sure that most of you will do so too.

We were requested to wear traditional clothing today, but that has been quite a challenge for me. [Laughter.] On the paternal side I am of Scottish ancestry, but each successive Watson, from my great-grandfather onwards, married an Afrikaans lady, just like I did. So, I can’t appear here today wearing a Scottish kilt, and sporting bagpipes, or even worse in a khaki boere outfit, with a voorlaaier [muzzle-loading rifle] slung over my shoulder.

My earlier childhood was spent amongst the Xhosa people; so I also suppose that I qualify for a knobkierie and a red ochre-stained calico blanket. Then again, my formative years were spent with my parents in Lesotho. I could also have worn a Basotho hat and a genuine pitso blanket. I don’t know if you know what the pitso blanket is. [Laughter.] However, I do think that my pale face would have given me away. So, in the end, I settled for a traditional dark suit and a white shirt. I hope you will forgive me.

On a serious note, I think we are on very thin ice in saying that we are celebrating our living human treasures because we really have very little to celebrate. The governing party of this country is in turmoil because of the infighting. Just three days ago, the local municipality of Nokeng Tsa Taemane, in Gauteng, was disbanded because of this. We have heard that heads will be rolling next Monday. I am not sure what that is all about.

Municipalities, which should be the lifeline of service delivery to our people, are in turmoil, especially outside the Western Cape where the DA is governing. [Interjections.] Hon member, you are welcome to comment, but through the Chairperson. I can see that the hon Adams has been writing his speech. [Interjections.]

The ACTING CHAIRPERSON OF THE NCOP (Ms T C Memela): [Inaudible.]

Mr A WATSON: I am trying to. That was part of my input. Municipalities are in chaos and disruption. In my province, Mpumalanga, not a single municipality is functional any more. In the industrial hub of Emalahleni, especially in Witbank, all services have broken down totally, so much so that the DA councillors and party members have had to attend to refuse removal, whilst the bottled water industry is booming! [Interjections.] Now who is speaking? Madam Chair, why don’t you protect me? [Laughter.]

The factionalism and infighting in South Africa have escalated to criminal antics and brutal political murder. In Mpumalanga, no less than nine assassinations and two unsuccessful attempts have been recorded since 1998, including the murder of the Speaker of Mbombela Municipality and the Deputy Mayor of Govan Mbeki Municipality. We must ask ourselves what living human treasures we have to boast about when we consider what is happening around us, and when the President of the governing party is ousted by one faction to favour the crowning of their own candidate. Barely two years down the line, there are again murmurs of discontent and removal from the same group.

The ACTING CHAIRPERSON OF THE NCOP (Ms T C Memela): Order! Hon Mashamaite, can you try the next one.

Mr T A MASHAMAITE: Hon Chairperson, on a point of order: The hon member is no longer talking on the subject of the day. He should not take advantage of being given the time to speak on the subject of the day, and then speak about something else. He is out of order.

The ACTING CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Watson, you are running out of time. Can you please conclude your speech?

Mr A WATSON: Madam Chairperson, it is clear that the hon member’s first language is not English, because he was not listening to what I was saying. [Laughter.] I asked: How can we celebrate Heritage Day when acknowledged World Heritage Sites like the Cradle of Humankind and the ancient rocks of Barberton, and many others, like those mentioned earlier by the hon Makgate, are endangered by exploitation for worldly gain?

It is good and right to pay tribute to our past leaders and national heroes. Of course, we must honour and acknowledge our heritage, especially the tangible heritage sites which we are charged to preserve. We cannot pretend that nothing is wrong and continue on the current road of self- destruction.

The vital question that we, as elected representatives of the people, should be asking ourselves very seriously today is: What can we do to honour and preserve the fine heritage of our wonderful country? Indeed, we should do everything within our power and ability to leave a heritage for our children and for the generations to follow. I thank you. [Applause.]

Ms D Z RANTHO: Hon Acting Chairperson, hon Minister, hon Members of the NCOP, distinguished guests, comrades and colleagues, let me bring your minds back to the fact that the debate today is about heritage, but there are people who are not wearing their cultural attire, and who have forgotten that this is a heritage debate. Our Heritage Day debate provides the opportunity to outline how colonialism and apartheid neglected, distorted and suppressed the culture of the majority of South Africans. It provides us with the opportunity to reflect on how the freedom of expression, cultural rights and linguistic rights of black South Africans were destroyed, their creativity stifled and their dignity attacked.

It provides us with the opportunity to reflect on how the ANC, after the demise of the apartheid regime, strategically positioned itself to use the arts and culture to advance its commitment to building social cohesion and respect for human dignity.

This strategic positioning has ensured the allocation of resources and facilities to develop an inclusive cultural heritage of the African value of ubuntu as the embodiment of our national objective to build a united, nonsexist, democratic South Africa.

The ANC’s Arts and Culture policy deals with custom and tradition, belief, religion, language, identity, popular history and crafts, as well as all the art forms, including music, theatre, dance, creative writing and visual art.

Let me mention some of the integral components. Culture is an integral component of the process of human development and also plays a facilitative role by seeking to inform and contribute to nation-building efforts. Colonialism neglected, distorted and suppressed the culture of the majority of South Africans. Freedom of expression was destroyed, and systematic efforts were made to stifle creativity. Communities were denied resources and facilities to develop their own cultural expression, unless they coincided with the aims of the colonial masters.

The absence of an effective education system, high rates of illiteracy, and extreme poverty compounded the cultural deprivation of the majority. In response to this, and to the suppression, the culture of the majority of South Africans became one of resistance to colonialism and apartheid. The resistance became a major instrument in the achievement of political democracy and social transformation in our country.

A flourishing cultural life is vital to the wellbeing of South Africa. The ANC strives to facilitate and celebrate cultural productions that capture the diversity, complexity and vibrancy of all South Africans. The ANC upholds, promotes and protects the rights of all South Africans to practise their religion and their culture and speak the languages of their choice.

ANC policies and guidelines recognise that through arts and culture a sense of national identity and pride can be cultivated. Arts and culture are thus a potential unifying force in our diverse country.

Thriving and thought-provoking artistic and cultural practices do contribute to a democratic and tolerant sociopolitical environment. Arts and culture are not the property of any one political party or group.

Apartheid policies have resulted in an alarmingly high rate of illiteracy amongst the black population. This is especially true of Africans, but blacks in particular. ANC policies strive to raise the national level of literacy, particularly as literacy is a precondition for many forms of creative and artistic expression.

ANC policies promote artistic and writers’ associations, which explore and encompass the diverse cultural values in South African society.

As the ANC, we strongly believe that arts and culture should assist in transforming customs and practices that oppress or discriminate against women and girl-children.

ANC policies, through various programmes in diversity, strive to increase the participation of black people and women in particular in all spheres of the arts and culture, including participation in the direction of management of state-funded cultural institutions.

Access to heritage and art centres is one of the fundamental principles of freedom of expression and heritage practices. Arts and culture centres with appropriate facilities should be established in disadvantaged communities and promote all art forms. The ANC recognises that a broad spectrum of South Africans should have the opportunity to pursue and appreciate the arts, including the visual, performing, and traditional art forms. In this regard, access to training and facilities should be promoted and created.

Policies of the ANC recognise that well-resourced libraries should be established throughout the country, in both rural and urban centres, in order to encourage a reading culture among all our people. This should give recognition to the fact that arts and culture should be preserved, promoted and exhibited as part of our national heritage, and the production of arts and crafts should be supported and encouraged in our communities. This should also include the creation of a comprehensive and accessible archive of South African photographic and digital material, both past and present.

The ANC recognises and appreciates programmes that have been implemented by government through the Department of Arts and Culture in promoting and making arts, heritage and culture accessible to everyone in the country.

However, it believes that more effort should be made to allocate greater resources, and to ensure that the available funds for arts and culture are widely distributed in order to reach poor and rural communities. Currently, this is biased towards urban areas.

The xenophobic attacks that gripped our country in 2008 and 2010 were partly a manifestation of the lack of community identity and diversity, between South Africans and foreign nationals. An HSRC study noted that:

On a much broader scale, the xenophobic violence which has occurred in the country invokes the imperative to go beyond institutional safeguards that can best manage diversity but to take into consideration the issues of subjectivity, history and lived meaning in our communities. The latter infers the need to look into a long-term strategy in order to create a new and appropriate national identity framework and consciousness. There is now an imperative to invest in ideological resources that will foster the inculcation of a tolerant and inclusive “we feeling” in our communities.

It is against this background that the ANC encourages cultural exchange between the people of South Africa and those of the rest of the world, especially those on the continent of Africa. Immigrants and foreign nationals from African countries bore the greatest brunt of xenophobic attacks. In the arts and heritage sector, this exchange must take into account the views of cultural workers and associations, and promote local development programmes and international understanding, without undermining the ethos and values of arts and cultural communities.

I would like to conclude my speech by quoting from a declaration of the recently held national conference on ubuntu values.

Recognition was made that ubuntu values include integrity and honesty, respect and acceptance, self-worthiness and self-reliance, compassion and care. There need to be tangible partnerships and investment by government and the private sector towards the development of ubuntu, and the establishment of centres for its promotion through culture, education and recreation. The conference declared that a just and caring society cannot be achieved without collective and cohesive ownership by all institutions and individuals and declared that ubuntu is the key to bringing about social justice and is an inseparable part of social development and the RDP of the soul.

I thank you! [Applause.]

        POINT OF ORDER RAISED BY HON WATSON ON 31 AUGUST 2010

                              (Ruling)

The HOUSE CHAIRPERSON (Mrs N W Magadla): Thank you, hon member. Hon members, before hon Gunda takes the podium, I would like to make a ruling on a point of order put by hon Watson during the plenary of 31 August 2010. In respect of the point of order put by hon Watson, my ruling is as follows.

During the debate on the Social Assistance Amendment Bill, hon B V Mncube spoke the sentence: “Setlhare sa motho e motsho ha se lekgowa, empa ke ANC!” Hon Watson put a point of order that hon Mncube should withdraw the sentence, “Setlhare sa motho e motsho ha se lekgowa, empa ke ANC!” [Laughter.] According to the hon member this sort of sentence was hate speech. I then undertook to study the Hansard in order to give a ruling at a later stage.

I have had the opportunity to consider the Hansard, as well as section 16(2) of the Constitution of the Republic of South Africa and cases decided on by the Constitutional Court regarding the use of hate speech.

The translation of the Hansard reflects that the sentence, “Setlhare sa motho e motsho ha se lekgowa, empa ke ANC!” directly translated into English means, “A black person’s solution does not come from a white man, but from the ANC!”

In the case of Freedom Front v South African Human Rights Commission and Another, the Constitutional Court found that: -

In terms of section 16(2)(c), expression will amount to hate speech if it is advocacy of hatred that is based on race, ethnicity, gender or religion and that constitutes incitement to cause harm …

The phrase “hate speech” is not a phrase of casual connotation. To promote hatred or hate speech is to instil detestation, enmity, and ill will.

In determining whether the statement made during hon Mncube’s speech constituted hate speech, I applied the following test: whether a reasonable person assessing the advocacy on the stipulated grounds within its context, and having regard to the consequences thereof, would objectively conclude that the statement constituted hate speech.

The sentence in question, “Setlhare sa motho e motsho ha se lekgowa empa ke ANC!” when subjected to the above-mentioned test does not instil detestation, enmity, or ill will, nor does it advocate hatred in any way or form.

I would, however, like to take this opportunity to encourage members, as public representatives, to promote the provisions of the Constitution when making statements in the House.

My ruling is therefore that the point of order raised by hon Watson cannot be upheld.

Mr J J GUNDA: Chairperson, and hon members … [Interjections.]

Mr A WATSON: Madam Chair, I just want to say that I accept your ruling and I bow to your knowledge. But the mere fact that your colleague, the House Chairperson, enjoyed listening to that phrase so much proves that I was right. [Laughter.]

Mr J J GUNDA: Hon Chair, hon Minister, hon members, ladies and gentlemen, in his Heritage Day speech in 1996 former President Nelson Mandela said:

When our first democratically elected government decided to make Heritage Day one of our national public holidays, we did so because we knew that our rich and varied cultural heritage has a profound power to help build our new nation.

The Constitution of our beloved country states clearly that:

We, the people of South Africa ...
Believe that South Africa belongs to all who live in it, united in our
diversity.

South Africans do things in unique ways, which is most evident in the way we strive for winning solutions. Our collaborative spirit in dealing with some of our challenges has led South Africa to participate in many peace initiatives on our African continent.

Our remarkable rebirth and transformation is perhaps the most tangible proof that the manner in which we do things is the key driver of our success as a nation. September is the time to learn more about each other’s cultures in order to open our eyes to the rich diversity of the South African people.

The Khoisan term: “!ke e: /xarra //ke”, meaning “unity in diversity”, serves as a living testimony to the choice we made 16 years ago, which is to find peaceful and productive ways of resolving our differences and this has led to all of us living together as one nation. That choice makes it possible for us to proudly speak of “unity in diversity”.

However, we have largely forgotten the contributions and the rich cultures of the Northern Cape’s Khoisan and other indigenous people. Chair, let me say this in Afrikaans.

Die Khoisan en inheemse volke was die eerste inwoners van ons land. Daarom is dit kommerwekkend dat in 16 jaar van demokrasie daar feitlik niks aan hul ekonomiese en sosiale omstandighede verander is nie. Hulle word selfs op politieke gebied uitgesluit as ons hulle vergelyk met ander tradisionele leiers vir ander bevolkingsgroepe, wat wel hul regmatige erkenning kry in Suid-Afrika, deurdat hulle glad nie jaarlikse toelaes en ander byvoordele ontvang nie. Erfenis beteken om iets te besit. Wat het die Khoisan en inheemse volke om te bewys dat hulle wel ’n erfdeel van Suid-Afrika besit? (Translation of Afrikaans paragraph follows.)

[The Khoisan and indigenous peoples were the first inhabitants of our country. It is therefore worrying that in 16 years of democracy virtually no changes have been made to their economic and social circumstances. They are even excluded on a political level in comparison with other traditional leaders of other population groups, who do receive their rightful recognition in South Africa, in that they receive no annual grants or other perks at all. Heritage implies the possession of something. What do the Khoisan and indigenous peoples own which demonstrates that they are in possession of a hereditary portion of South Africa?]

As a nation, we must not turn our backs on our Khoisan brothers and sisters. Instead we must always show our gratitude for the respectful and caring way in which they were the custodians of our land before any of us arrived.

We have also not done enough to ensure that all schools teach at least one indigenous language. Heritage month is a time to reflect on our constitutional responsibility to develop South African culture, and part of this is nurturing our indigenous languages and supporting South African literature. We must develop all languages so that they have equal status in our day-to-day lives and not just equal status in our Constitution. I thank you. Ke a leboga. Baie dankie. Siyabonga. [Applause.]

Ms M P THEMBA: Greetings, Chairperson. It was disheartening to hear the hon Watson saying to the hon Mashamaite that English is not his first language. Yes, of course, you were blessed to be where you were when you grew up, and actually you are in the election mood right now and that is why you are trying to score politically …

The HOUSE CHAIRPERSON (Mrs N W Magadla): Order, hon member! You must address hon Watson through me.

Ms M P THEMBA: Okay, I am sorry. Chairperson, August was Women’s Month, and although it is now a month later, the celebration of women as an anchor and a rock of our liberation struggle should continue all the time. We salute all the women who contributed to the liberation struggle and to those who have passed we say, “A luta continua [The struggle continues]! Amandla! [Power!]”

African weddings are characterised by singing, dancing, and women ululating as an expression of joy. The ululating is accompanied by poetry, where the bride and the groom are called by their clan name, and all their ancestors. Therefore, today is the day that reminds us of the African wedding and I feel like saying, Halala! Halala! Lilili! Lilili! Kwakuhle kwetfu! [Siswati expression of gratitude and happiness.]

Music, poetry and art have always been part of the African culture, and therefore I am honoured to be given the opportunity to acknowledge our living treasures who dedicated their lives to the liberation of the people of South Africa.

Colonialism and apartheid deliberately sought to negate our cultural heritage, to deny us our own sense of identity and continuity. For many centuries racism has been a defining feature of our society. During the colonial and apartheid time our museums and monuments reflected the experiences and political ideals of a minority, to the exclusion of others.

The racist system sought to destroy everything that would give the indigenous majority a sense of identity and continuity. They had to contend with a historical reality that sought to deprive them of their cultural heritage, transmitted from generation to generation. It meant the virtual loss of intangibles such as cultural norms like communal life, human solidarity and ubuntu, which were the non-material expression of the material conditions of precolonial society.

Until recently, museums represented the kind of heritage which glorified mainly white and colonial history, and the small glimpse of black history largely painted a racist and stereotyped picture. Museums excluded and marginalised most of our people, and whenever cultural institutions did go to the trouble of recognising the existence and heritage of the indigenous populations, they were depicted as lesser human beings.

The coming of democracy has given us as South Africans the opportunity to ensure that our institutions reflect history in a way that respects the heritage of all our citizens. When our museums and monuments preserve the whole of our diverse heritage and when they are living to the public and interact with the changes of all around them, they strengthen our attachment to human rights, mutual respect and democracy.

We must all participate in the process of our continuing effort to give birth to a caring human society. One of those critical elements is our diverse and common sense of identity and continuity. The objective of a better life for all not only refers to the material, but also encompasses the spiritual, and the intangible.

Cultural heritage does not end at museums and monuments, but includes traditions or living expressions inherited from our ancestors and passed on to our descendants. Although fragile, intangible cultural heritage is an important factor in maintaining cultural diversity in the face of growing globalisation.

The importance of intangible cultural heritage is not the cultural manifestation itself, but rather the wealth of knowledge and skills that is transmitted through it from one generation to the next. In the field of literature, music and art there are many who have earned themselves the title of “living treasure”, people who through the apartheid years responded to the denial and distortion of their heritage with their own affirmation by celebrating their heritage outside of the sphere of the country’s museums and monuments.

Women have always been on the receiving end of the apartheid regime, as husbands were taken to jail, and children fled into exile. The worst time was from 1959, when apartheid was at its worst, to 1989 when the apartheid regime started to collapse.

During this era a lot of talent emerged from the South African people, like Miriam Makeba. She was a woman dedicated to the liberation of her people and had a “never say die” attitude. She received a lot of accolades from the international community. Her immense contribution reached a crescendo when she went to the UN and informed them about the unjust system of apartheid. Her songs and music appealed to Africa and the rest of the world because she saw that the liberation of Africa would mean a total defeat of the colonialists. The approach she took was beyond women’s issues, which enabled her to get the respect of her peers and world leaders. The songs she sang touched the heart and soul of all Africans. A song that comes to mind is A Luta Continua, which speaks about the continuation of the struggle for liberation in the SADC countries.

Our living heritage consists of the practices, representation, expressions, knowledge, skills, instruments, objects and cultural spaces that our nation’s communities and groups recognise as part of their cultural heritage.

As far as the building of social cohesion through heritage, arts and culture is concerned, the ANC Polokwane conference emphasised the need to accommodate diversity in our national heritage, and the need to restore the proud heritage located in South Africa and the continent at large as the cradle of humankind and early forms of human civilisation.

As I conclude, let me say that, as with any nation, South Africans will continue to have multiple identities based on class, gender, age, language, geographic location, religion and so on. In a national democratic society, such diversity should feed into an overarching national identity. In its own unique way, South Africa should emerge as a united African nation, adding to the diversity and identity of the continent and humanity at large.

We must, through heritage, affirm and acknowledge the relationship between those who were oppressed and heritage. This is especially of significance in the context of nation-building. As we seek to build a nation by integrating South African society across racial, language, ethnic and other barriers, we are also engaged in the process of developing those individual elements that distinguish these various communities from one another.

Thirteen years ago, in his Heritage Day address on Robben Island, our venerable ex-President Nelson Mandela said that in affirming a joint heritage we are reminded that today’s unity is a triumph over yesterday’s division and conflict a triumph that must have concrete content if it is to have real meaning. They must entrench the conditions in which each of us can participate in building our collective democratic future; speak our own language, have pride in our culture and our heritage.

I thank you.

Mr O DE BEER: Chairperson, in Cope we have a very strong belief in the rights of individuals and communities to live by religious views and to uphold their cultural heritage. This is because we stand for the rights that are guaranteed in our Constitution.

Erfenisdag moet ’n deurslaggewende rol speel in ons proses van nasiebou. Elke Erfenisdag behoort as ’n mylpaal te dien om te sien hoeveel struikelblokke ons oorkom het as ’n nasie en ook om vir ons leiding te gee op die pad na ’n sterker gemeenskaplike nasionale identiteit. (Translation of Afrikaans paragraph follows.)

[Heritage Day must play a decisive role in our process of nation-building. Every Heritage Day should serve as a landmark to show how many obstacles we have overcome as a nation, as well as to guide us on the road to a stronger common national identity.]

We conceived Heritage Day as a way to reinforce the political compromises we had reached. This Heritage Day we can afford to set aside political affiliation, creed, race and religion to share our culture and to learn from one another.

Gedurende die Fifa-sokkerwêreldbekertoernooi in 2010 het ons gedemonstreer hoe trots ons is as Suid-Afrikaners. Daar was eenheid onder alle Suid- Afrikaners, ongeag ouderdom en ras. Ons almal wil Suid-Afrikaners wees, want ons verstaan die belangrikheid en betekenis van ’n gemeenskaplike band wat ons bind as een nasie, ten spyte van ons verskille. (Translation of Afrikaans paragraph follows.)

[During the Fifa World Cup Tournament in 2010 we demonstrated how proud we were as South Africans. There was unity among all South Africans, regardless of age and race. We all want to be South Africans, because we understand the importance and significance of a common bond that binds us as one nation, regardless of our differences.]

South Africa today is the world’s most unequal society. Millions of our people are out of work. The dreams of a better life for all have turned into living nightmares. Heritage Day must give us time to pause and reflect on whether this is the kind of society we set out to forge in 1994.

Eenheid en nasionale identiteit is terme wat almal verstaan. Oor die hele wêreld is daar by nasies ‘n behoefte om saam te staan, ongeag geskiedenis, ras, ouderdom of kultuur. In die Verenigde State, byvoorbeeld, vier hulle ’n hele maand lank die bydrae van Spaanse Amerikaners, van 15 September tot 15 Oktober. Gedurende dié tydperk word Spaanse erfenis en kultuur gevier en erken. (Translation of Afrikaans paragraph follows.)

[Unity and national identity are terms which everyone understands. Across the world there is a need within nations to stand together, despite history, race, age or culture. In the United States, for instance, they celebrate the contribution of Spanish Americans for a whole month, from 15 September to 15 October. During this period Spanish heritage and culture are celebrated and acknowledged.]

I want this House to ponder for a moment the implications of such a move in our country. We have so much to offer because we are such a diverse group of people and in the process we could create good tourism. We are a unique country, because the cradle of human society is right here on our doorstep. We are also unique in being the first country ever to settle deep political divisions around a negotiating table, not having to resort to a destructive war to settle the conflict.

Op hierdie dag is dit nie net belangrik om potjie, stampmielies en ’n heerlike bak Maleise kerrie te maak of ’n lekker braai te hou nie, maar ook om terug te kyk na ons geskiedenis en te dink aan diegene wat geveg het vir die kulturele en rassevryheid wat ons vandag ondervind. (Translation of Afrikaans paragraph follows.)

[On this day it is not only important to make a potjie, samp and a delicious Malay currie or to have a nice braai, but also to look back on our history and consider those who fought for the cultural and racial freedom which we now enjoy.]

It is proper and fitting that the Most Reverend Desmond Tutu, Archbishop Emeritus, has been decreed patron of this day. What a major role he has played in fighting for liberation and then consolidating democracy in South Africa!

He was the first black South African Anglican Archbishop of Cape Town, and Primate of the Church of the Province of Southern Africa. He has been active in the defence of human rights and uses his high profile to campaign for the oppressed. He has campaigned to fight Aids, TB, poverty and racism. Tutu received the Nobel Peace Prize in 1984, the Gandhi Peace Prize in 2005, and the Presidential Medal of Freedom in 2009. He was inducted into the Golden Key International Honour Society as an honorary member in 2001 by the University of Stellenbosch. Thank you, Chairperson. [Time expired.]

UMntwana M M M ZULU: Sihlalo, uNgqongqoshe okhona phakathi kwethu, amalungu ahloniphekile ale Ndlu,abasebenzela lo Mnyango, ngimi la njengenye yamadodana eNingizimu Afrika ngihalalisela ukuthi lena yinyanga ebaluleke kakhulu kithi eNingizimu Afrika ngoba niyazi ukuthi ngasohlangothini lwesifundazwe engiphuma kuso, umbumbi wesizwe samaZulu, iNkosi uShaka kaSenzangakhona, wawakha ngejozi ehlanganisa wonke umbuswana owawungaphandle wawenza umbuso owodwa ongenalo ubandlululo. Bonke bakholwa yiculo elilodwa lokwakha isizwe.

Ngikusho ngingehlonize ukuthi iNkosi uDingane kaSenzangakhona, laba bokuhamba abamhlasela emzini wakhe eMgungundlovu bethi bamzomtshela okuthile wafika wabavumbeka ngejozi, ngoba wayebona ukuthi ngabathakathi okwakufuneka babulawe ngoba kukhona okuthile ababephezu kwakho. Kuwo wonke amakhona aleli lizwe kwaba khona ukubulalana kwabantu;kodwa-ke ngokwamasiko- isiko kufanele silihambise phambili. Sasingeke sikwazi ukubulalana ngoba isiko lidalula ukuthi kufanele kuhlonishwane; angikhathali noma ngabe ukuphi. Kule nyanga esikuyona, bathi yinyanga yamagugu, laphaya sibambe umkhosi wesizwe samaZulu, siholwa yinkosana yendlu kaMpande, uZwelithini kaBhekuzulu, lapho bekunezintombi zesizwe sizoyalwa khona ukuthi kufanele siziphathe kanjani njengesizwe ukuze sikwazi ukuphumelela. Kuye kungabhekwa zona zodwa izintombi, kuye kubhekwe nezinsizwa uqobo lwazo;ukuthi uma usuyindoda uye uziphathe kanjani ebudodeni ukuze ungagqobhozi amafasitela emizi yabantu, uziphathe kahle.

Njengesizwe, singeze saphumelela uma izilimi zakithi e-Afrika zingenikezwe amandla, laphaya eMelika nje, ningangifakazela ukuthi noma ngabe wenza ziphi iziqu zemfundo ephakeme kufanele uwazi kahle umlando wakho ukuthi usuka kuphi ukuze wazi ukuthi uyaphi. Uma ungazi ukuthi uyaphi, awusona nhlobo isizwe, uyisilahlwanaboya nje, ngesikithi.

Ngqongqoshe, kufanele ukuthi uMnyango wakho uxhumane nowezemfundo, nikwazi ukubambisana kulolu limi engilukhulumayo nezinye zaseKoloni nakwamanye amazwe nezizwe zalapha ngoba siyizizwe okufuneka ukuthi izilimi zakhona zikhulunywe. Lapha sisePhalamende labantu uCetshwayo kaSenzangakhona walwa elwa namaNgisi, elwela khona ukuthi ayeke ukusiqinela njengesizwe. Iminyaka emihlanu nje ebusa, wenza umnikelo obalulekile kuleli lizwe, enikela kuleli lizwe eliseMpumalanga nezwe laseNingizimu Afrika. Ngiyabonga. (Translation of isiZulu speech follows.)

[Prince M M M ZULU: Chairperson, hon Minister present here, hon members of this House, and officials of this department, I am standing here as one of the sons of our soil celebrating the most important month in the South African calendar. As you know, in the province that I come from, the founder of the Zulu nation King Shaka kaSenzangakhona built this kingdom through war – he brought together the smaller nations to build one democratic nation; they all believed in one thing – nation-building.

Let me say without a doubt that King Dingane kaSenzangakhona attacked the people who came to his kraal in Mgungundlovu under the pretext of telling him something, because he was aware that they were up to no good. They were witches who deserved to be killed. People killed each other in all the corners of this country, but culturally – culture must come first – we could not go on killing each other because culture encourages us to respect each other irrespective of where we are.

This month is regarded as Heritage Month. We held a celebration of our Zulu nation led by the heir of Mpande’s kraal, King Zwelithini kaBhekuzulu, where young maidens of our nation were to receive guidance about how they should conduct themselves in order for the nation to succeed. Usually, it is not only the young maidens who are attended to, but young men also get this attention where they are taught how to conduct themselves when they enter into manhood so that they should not engage in sexual activities before marriage - they need to behave themselves.

We will not succeed, as a nation, if our African languages are not developed. For example, in America, and others can bear witness to this, whatever degree you are pursuing – to those who are learned, you need to know your history well – you must know where you are coming from so that you know where you are heading to. If a nation does not know where it is heading to, it is not a nation at all but a good-for-nothing nation.

Hon Minister, your department must meet with the Departments of Education so that you can work together on this issue of the language that I am speaking and other languages of the Cape, as well as those of other provinces and ethnic groups of this country. Our indigenous languages need to be utilised. We are here in the people’s Parliament, because King Cetshwayo kaSenzangakhona fought the English; he fought them to force them to stop dominating us as a black nation. And in just five years on the throne, he made a very important contribution to this country as well as to the eastern part of South Africa. Thank you.]

Mnr F ADAMS: Agb Voorsitter, agb Minister, agb lede, as ons praat oor ons kultuurskat en -erflating, moet ons eers al ons mense gelukwens dat hulle ons verskeidenheid so mooi verteenwoordig het met die 2010 sokkerskouspel. Ons is met rede trots op ons land en sy mense vir die welslae wat behaal is met hierdie geleentheid om ons land as vertoonvenster te kon gebruik om ons uiteenlopende dog gesamentlike kultuurbelewenis aan al die lande uit te stal. (Translation of Afrikaans paragraph follows.)

[Mr F ADAMS: Hon Chairperson, hon Minister, hon members, when we speak of our cultural treasure and cultural legacy, we have to firstly congratulate all our people on having done such a good job at displaying our diversity during the 2010 soccer spectacle. We have every reason to be very proud of our country and its people for the success we achieved in utilising this opportunity to showcase our country to the world and to present our diverse, yet collective cultural experience.]

Yes, we are proud of all our people and the rich heritage that we have. We have just returned from a provincial week, and I must say that I was, once more, exposed to the reality of how little the party that the hon Watson belongs to, the DA, and the DA-led provincial government, care about the culture of all our people in my own province, the Western Cape. It is as if culture is not a priority to the DA.

In the provincial government, the DA gave this very important portfolio to a junior partner in its coalition. A year into this administration’s term the MEC has had to go and has been replaced by another MEC who has been demoted from one of the critical portfolios. Clearly, cultural affairs is the stepchild of the DA in the Western Cape. That is how they treat everything - as a stepchild - if you are not a member of the DA.

This was even more glaringly evident when the outgoing MEC last week, in a mini debate, had to admit that there were problems with the awarding of tickets to children from poorer areas to have the once-in-a-lifetime experience of going to the 2010 soccer spectacle. They only ended up being disappointed. Seemingly the tickets landed in the hands of family and friends who belong to a certain political party in the Western Cape. This scandal and abuse of power needs closer examination.

I realise that this year the theme of Heritage Month is: “Celebrating our Living Human Treasures and Heritage”. It is also celebrating South African craft. However, I also had to learn that this very important job creation tool has been scaled down in the Western Cape, where the DA, to which the hon Watson belongs, is in control.

Let me tell the hon Watson, through you, Chair, that in the City of Cape Town, one of the first things the then Mayor, Helen Zille, did was to throw the craft market out of the Civic Centre, where it had helped to provide an opportunity for a number of entrepreneurs to display their handwork and earn a living. It was deemed to have been an ANC project and that is why they threw it out. Again to the hon Watson, through you, Chair, during the soccer celebrations many crafters on the parade were also pushed aside into obscurity. They were not even afforded a chance to showcase their handmade wares like utility articles, shoes and clothing to the visitors on the Fan Walk or on some of the streets closed off for pedestrians.

One would expect that the Western Cape province would stimulate crafting more and create opportunities for the small traders. Instead, it is cutting funds and assistance to these kinds of undertakings, if you don’t know, hon Watson, through you, Chair. Like with the RED Door project, it is moving away from the global trend of building cottage industries to focusing instead only on existing industries that the ANC has put there.

Dan praat ons nie eers van die afskeping van ons eie Kaapse kultuur en erfenis nie. Die Kaapse Klopse is eiesoortig aan die Kaap en meer geleenthede behoort geskep te word op verskillende vlakke om vryetydsbesteding vir sulke mense so te kanaliseer dat mense hulle energie kan gebruik om selfgeldend ’n eie identiteit te koester en uit moedeloosheid te ontsnap, agb Watson.

Ek wil die wens uitspreek dat die Wes-Kaap meer mededinging tot stand sal bring, behoorlike befondsing sal verseker, en veral, dansbedrywighede sal aanmoedig om die jeug van die straat en dwelms weg te hou. Die DA het nie eers so ’n plan nie, agb Watson. Dan is daar die skynbare nepotistiese verskynsel, agb Van Lingen, deur u, Voorsitter, met die Wes-Kaapse leier, Theuns Botha, wie se singende seun telkens by verskeie geleenthede opduik om op te tree. Dan is die DA, Voorsitter, hard om te praat oor nepotisme, maar kyk wat maak hulle.

Toevallig sing die jonge Willem Botha by talle geleenthede wat deur die stad of die provinsie geborg word – soos die aanskakel van kersliggies, die Top Tiener wedstryd en selfs feeste waar pa en seun nou al die publisiteitswa bestyg het om saam-saam onderhoude toe te staan, agb Groenewald. ’n Mens kan maar net wonder of hy so dikwels sou kon optree as dit nie was vir sy pa se party wat in beheer is en kitaar slaan oor wie genooi kan word nie. Dis nepotisme, Voorsitter. (Translation of Afrikaans paragraphs follows.)

[Then we are not even speaking of neglecting our own Cape culture and heritage. The Cape Minstrels are unique to Cape Town and more opportunities should be created on various levels so that the leisure time of these people can be channelled in such a way that the people can utilise their energy to assert their own identity and to escape from despondency, hon Watson.

I would like to express the wish that the Western Cape should create more competition, ensure decent funding and especially encourage dancing activities to keep the youth off the streets and away from drugs. The DA does not even have a plan to this effect, hon Watson. Then there is the apparent phenomenon of nepotism, hon Van Lingen, through you, Chairperson, with the Western Cape leader, Theuns Botha, whose singer son pops up time and again at various functions to perform. Then, Chairperson, the DA is quick to raise the issue of nepotism. However, look what they are up to.

By chance the young Willem Botha has performed at functions sponsored by the city or the province – like the switching on of the Christmas lights for instance, the Top Tiener [Top Teenager] competition and even festivals where both father and son have now appeared on the public platform and given interviews together, hon Groenewald. One can but wonder whether he would have been able to perform as often had it not been for his father’s party being in control and determining who should be invited. That is nepotism, Chairperson.]

I also wish to address another matter, and that is the need for proper and better indigenous sites.

Mr W F FABER: Sorry, Madam Chair. May I ask the speaker a question, please?

Mr F ADAMS: No, no, I haven’t mentioned his name, and that’s why …

Mr W F FABER: I just want to know if he has got a good voice to sing for us, perhaps. I think he is singing, Madam Chair. Thank you. The HOUSE CHAIRPERSON (Mrs N W Magadla): Answer the question.

Mr F ADAMS: No, I am not prepared to take …

The HOUSE CHAIRPERSON (Mrs N W Magadla): He wants to know whether he may …

Mr F ADAMS: No, I did not mention his name. That is why he wants to ask me a question. No, I have not got time for that now, Chair.

Mr W F FABER: I would just like to know if I may ask the hon Freddie a question.

Mr F ADAMS: Chair, can I carry on? His surname is not …

The HOUSE CHAIRPERSON (Mrs N W Magadla): He says no.

Mr W F FABER: No. Thank you, then I suppose he cannot sing. Thank you.

Mr F ADAMS: His surname is not Botha, Chair; neither is it Zille.

I also wish to address another matter, and that is the need for proper and better indigenous sites, like those for cultural activities, initiation or ritual slaughtering. I would have thought that the Western Cape, as the self-proclaimed leader - and I re-iterate, as the self-proclaimed leader, because it is not even a leader in its own right – and an example of innovation and service delivery, would have formalised facilities like this for reasons of safety, health and hygiene. Let me mention his name, Chair, through you - hon Faber.

But, what can one expect of a province and party that cannot even get sanitation in Makhaza right? What can a person expect from a party like that, that cannot even build proper walls for toilets and cannot even cover toilets?

I also want to urge the provincial government of the Western Cape to get its act together to preserve the heritage of our slave history. Too often one still receives reports of evidence destroyed, like slave bells, poles, housing and rings where slaves were tied down. No such traces of this very important part of our diversity may be allowed to perish. That is a warning to the DA. What is the DA doing to preserve it? Nothing! Or is it also indulging in the practice of denial and covering the tracks of the so- called masters, as they are always in denial, the DA?

This also ties in with recording and keeping alive the tradition of storytelling.

To digress for a moment, there was the denial when the hon premier said in the House last week that she had never paid for any advertisement. Then afterwards it came out that she had paid R2,2 million for advertisements - R2,2 million to get advertising space! You are always in denial, hon Faber and hon Watson.

Many of the older folks are the bearers of a wealth of oral tradition, but it is going to die with them unless we take it down and take steps and hold competitions to hear it, in order to keep it alive for future generations to benefit from.

I want to humbly request the Minister to assist us with archives and study material about the history of the ANC, please. We can make it compulsory for every person in South Africa to study it, for every schoolchild to study it. If we can get hold of those people who have been in the trenches, Minister, it would be good if we could get their stories on CDs, records and DVDs, so that we can treasure them and give them to those who are still growing, for them to treasure as well. Thank you. [Applause.]

The MINISTER OF ARTS AND CULTURE: Chairperson, I will not waste my time with Mr Watson’s lamentations. I think he was not prepared, since he did not understand the subject. As a result he started to rant, huff and puff, and spout hot air in the House, which did not really address the subject of the day. Therefore, I will not waste any time on that.

I want to thank all the members for their contributions, starting with hon Makgate and then going on to the rest of the members.

I agree that culture and education were distorted and destroyed by the colonial and apartheid governments of the past. It was done systematically and became part of the legal system. Indeed, many laws were passed to ensure that we lost our culture, heritage, indigenous knowledge systems and religion. Since 1994 this government has passed a number of laws and drawn up policies that have sought to reverse that damage.

Hence, on Thursday we shall be launching the Social History Centre at the Iziko Museum in Cape Town. The centre will play an important … [Interjections.] Hon Watson, you had your time to speak.

The centre will play an important role in the preservation of our culture, history and heritage. Mr Watson, it will reverse all the damage you did in your youth. Now we are trying to reverse the centuries of damage.

Indeed, I agree with hon Makgate and other members that the 2010 World Cup was a great success. That is why our theme for National Heritage Day is also: “Celebrating our Successes during the 2010 Fifa World Cup, our Heritage”. It is important for us to claim the success of the 2010 World Cup as part of our legacy and heritage going forward. We will be celebrating this day at the Moses Mabhida Stadium in Durban, where we had many of the 2010 World Cup matches, on 24 September.

As government, it is an opportunity for us to say a very big thank you to the people of South Africa for their contribution and participation in the 2010 World Cup. We believe that we should sustain the spirit of the 2010 World Cup, where black and white South Africans came together and rallied behind our team, Bafana Bafana, and our flag, singing our national anthem together with passion. We need to sustain this unity, nationhood and patriotism that were demonstrated by many South Africans.

Our guests were warmly received during the tournament and we demonstrated the spirit and values of ubuntu. The doubting Thomases who had not wanted to come because they had been told all sorts of lies about South Africa told us when they finally came that they had had the time of their lives, and that they would come back again with their families, children and friends. They are now our ambassadors.

Mr Watson, a little bit of patriotism is needed to maintain that momentum. If we love this country, not just for ourselves or for this government, but for our children and future generations, we ought to sustain that spirit and ensure that it makes South Africa the best tourism and investment destination in the world. We should not just stand here and oppose for the sake of opposing. We should stand here as South Africans and say that this World Cup was good, not for the ANC, and not for the government, but for the people of South Africa.

And how do we maintain that spirit of cohesiveness and unity, going forward? I agree that we need facilities that will help us to preserve and promote our culture, especially in the disadvantaged communities where there are no theatres and playhouses. We need to start where there is absolutely nothing.

Regarding xenophobia, in looking at the 2010 World Cup, we saw how South Africans were actually xenophiles. We did not see any xenophobia. In fact, we supported African teams, including Ghana, to the very end.

Kufanele ukuthi siyibheke kahle lendaba yodlame olubhekiswe kwabokufika kuleli ngoba inobugebengu ngaphakathi. Kukhona laba abayibumbayo bayibumbe bayibumbe basinike yona siyidle. Kufanele siyibhekisise ukuthi lendaba yodlame olubhekiswe kwabokufika iqala nini futhi isukaphi. (Translation of isiZulu paragraph follows.)

[We must look carefully at this issue of xenophobia because it has an element of crime in it. There are these people who fabricate stories relating to xenophobia again and again and then feed them to us. We must look at where these stories originate from.]

The 2010 World Cup tournament was held here and many African countries came. We did not have any problems. At the end of 2010 …

… ngoba izindaba ezazitshelwe abantu ngathi azibanga khona lwaqala udlame olubhekiswe kwabokufika lapha eNtshonalanga Kapa. Kungani iqala la? Kufanele sizibuze leyo mibuzo. [… the stories told to people about us did not materialise; xenophobia then started manifesting itself in the Western Cape. Why did the outbreak start here? We must ask ourselves these questions.]

I believe that through our social cohesion programmes, sport and arts, we are able to bring our communities together. Let us use culture. If you are a Nigerian, your music is good. If you are Zimbabwean or Mozambican, song and dance can bring us together. That is something that can actually unite us in action.

I want to inform hon Gunda that this department has been working very closely with the Khoisan communities. We have brought back the remains of Sarah Baartman. From 1994 on we fought for her to come back and be given a dignified reburial in her motherland. In August - last month - we launched the Sarah Baartman Centre of Remembrance, which will be a repository for the Khoisan people. They will have a centre of remembrance where they can do research; develop their language and culture; and research their indigenous knowledge system, which one sees is vast when one looks at the plants, their closeness to nature, the knowledge they have and, of course, their culture.

We are also developing a national liberation route for the Khoisan people, which will start in the Northern Cape, move down to the Western Cape, and go right through to the Eastern Cape. We are doing this in consultation with the Khoisan people and their leadership. A lot is being done in that regard.

Ngizophinda-ke ngingangeni lapho. [Again I am not going to venture into that.]

We are doing a lot of research on rock art. We have a centre at the University of the Witwatersrand which is looking at how to preserve it and teach our children about that heritage. [Interjections.]

The HOUSE CHAIRPERSON (Mrs N W Magadla): Hon Minister, your time has expired.

The MINISTER OF ARTS AND CULTURE: Angizukhuluma nge-Cope. [I shall not be speaking about Cope.]

There was a lot of confusion in Cope. They did not even understand the topic.

Ngizondlula lapho bese ngithi ngibonga kakhulu. [I will move on and say thank you very much.]

The last comrade was talking about job creation and economic development, that this is critical for arts and culture. There are vast opportunities. We can use our music, song, dance, film and crafts to create job opportunities for our people. I thank you. [Applause.]

Debate concluded.

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON LAND AND ENVIRONMENTAL   AFFAIRS – AGREEMENT ON MUTUAL ACCEPTANCE OF OENOLOGICAL PRACTICES BY THE
                    WORLD WINE TRADE GROUP (WWTG)

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON LAND AND ENVIRONMENTAL
               AFFAIRS – AGREEMENT ON REQUIREMENTS FOR
         WINE LABELLING OF THE WORLD WINE TRADE GROUP (WWTG)

Mrs A N D QIKANI: Chairperson, Minister, hon members, this afternoon I will share with the House some of the deliberations that the Select Committee on Land and Environmental Affairs had on the Agreement on Requirements for Wine Labelling of the World Wine Trade Group, WWTG, and the Agreement on Mutual Acceptance of Oenological Practices by the World Wine Trade Group, WWTG, which were sent via the Department of Agriculture, Forestry and Fisheries. The World Wine Trade Group is an informal group of wine-producing countries entrusted with facilitating trade in wine. This is done by reducing barriers in the wine trade, whilst sharing information and collaborating on aspects relating to the trade and production of wine among the member countries.

The countries that are signatories to the Agreement on Mutual Acceptance of Oenological Practices and the Agreement on Requirements for Wine Labelling are responsible for exchanging laws and regulations related to wine-making practices and wine labelling amongst themselves to ensure free and fair trade internationally. At the national level, the Department of Agriculture, Forestry and Fisheries had to amend some legislation in order for us to be compliant with international agreements.

As a signatory, South Africa will benefit greatly. By signing these agreements South Africa will benefit by reducing costs related to documentation and will no longer have to provide a certificate with each consignment of wine exported, which has been a major constraint in ensuring that our wines are accessible. These agreements will further ensure that wine labelling will be simplified and costs will be drastically reduced in the wine industry.

Therefore, 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 and the Agreement on Mutual Acceptance of Oenological Practices by the World Wine Trade Group referred to it, recommends that the National Council of Provinces in terms of section 231(2) of the Constitution approves the said agreements. Thank you, Chair.

Debate concluded.

Question put: That the Report on the Agreement on Mutual Acceptance of oenological Practices by the World Wine Trade Group be adopted.

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

Report on the Agreement on Mutual Acceptance of Oenological Practices by the World Wine Trade Group accordingly adopted in accordance with section 65 of the Constitution.

Question put: That the Report on the Agreement on Requirements for Wine Labelling of the World Wine Trade Group be adopted.

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

Report on the Agreement on Requirements for Wine Labelling of the World Wine Trade Group accordingly adopted in accordance with section 65 of the Constitution. CONSIDERATION OF REPORT OF SELECT COMMITTEE ON FINANCE – PROTOCOL AMENDING CONVENTION BETWEEN RSA AND KINGDOM OF SWEDEN

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON FINANCE – PROTOCOL AMENDING CONVENTION BETWEEN RSA AND GOVERNMENT OF IRELAND

Mr S S MAZOSIWE: Chairperson, the National Treasury and SA Revenue Service briefed the Select Committee on Finance about the proposed amendments to the protocols between South Africa and Sweden, and between South Africa and Ireland. The protocol between South Africa and Sweden is a double taxation convention, while the protocol between South Africa and Ireland is on the avoidance of double taxation and also the prevention of fiscal evasion with respect to taxes on income and capital gains.

Double taxation refers to a situation where the same income is taxed twice: first as profit for the corporation and, secondly, as dividends paid to its shareholders. The rationale for double taxation for corporations is based on the fact that the corporate form of business is separate from owners of the corporations. Both shareholders and corporations benefit individually from the public goods supplied by the government.

Shareholders need to pay tax as individuals for the benefit derived from the public goods and services rendered by government to them as individuals. Corporations enjoy the same benefits, as separate entities from the shareholders. For this reason, double taxation will not only ensure that shareholders and corporations, as separate legal entities, will be paying their own share of benefits, but will also ensure that each country receives its share of tax revenue.

The South Africa-Ireland Tax Treaty Protocol was signed on 17 March 2010, and the South Africa-Sweden Tax Treaty Protocol was signed on 7 July 2010. The implementation of the proposed conversions is subject to renegotiation of the nine tax treaties that have a zero rate, withholding tax on dividends. These include Australia, Cyprus, Ireland, Malta, Netherlands, Oman, Seychelles, Sweden and the United Kingdom. The renegotiation also addressed certain aspects that are not present in the old treaties.

The committee was further briefed on dividend flows, trade flows and general investment flows between South Africa and the two countries over the period from 2005 to 2009. Having considered the presentations on the proposed amendments by the National Treasury and the SA Revenue Service, the Select Committee on Finance recommends that the National Council of Provinces considers approval of the proposed amendments to the protocol between South Africa and Sweden, and the protocol between South Africa and Ireland. I thank you.

Debate concluded.

Question put: That the Report on the Protocol amending Convention between RSA and Kingdom of Sweden be adopted.

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

Report on the Protocol amending Convention between RSA and Kingdom of Sweden accordingly adopted in accordance with section 65 of the Constitution.

Question put: That the Report on the Protocol amending Convention between RSA and Government of Ireland be adopted.

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

Report on the Protocol amending Convention between RSA and Government of Ireland accordingly adopted in accordance with section 65 of the Constitution.

  CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SOCIAL SERVICES -
 OVERSIGHT VISIT TO PRINCESS MANDISA HEALTH CARE CENTRE, BENEDICTINE
            HOSPITAL AND HLABISA REVITALISATION HOSPITAL

Mrs R N RASMENI: Hon Chairperson, hon members, comrades and distinguished guests, the Select Committee on Social Services undertook an oversight visit to two health centres, as well as one hospital revitalisation programme in Nongoma, KwaZulu-Natal on Wednesday, 17 March 2010.

The objective of the visit was to carry out the committee’s mandate on ensuring that provincial interests are taken into account in the national sphere of government. The committee interacted with the officials from the health centre and hospitals, and it was briefed on the challenges facing these hospitals and the health centre.

The overarching challenges that confronted the committee were a lack of and infrequent supply of water; a lack of electricity; poor roads; dilapidated hospital buildings; inadequate infrastructure; poor sanitation; a high number of HIV and TB infections, as well as meningitis; high rates of gastric ailments and herbal intoxication in children; a high unemployment rate; deep levels of poverty; staffing challenges in all the hospitals we visited; and, lastly, challenges in regard to financial resources to run the institutions.

The nature of the recommendations that the committee proposes are not new and are in many cases logical. These can be categorised as calling upon the Departments of Health and of Social Development to: assist with funding initiatives; make resources available in regard to training, human resources and medicines; strengthen existing campaigns of government; and fill the existing vacant nursing posts.

Our recent healthy debate in this House on the Intergovernmental Relations Framework is a stark reminder that we have to ensure that we make the necessary legislative and regulatory changes that we spoke of.

The oversight visit clearly demonstrated the challenges we have with regard to intergovernmental relations. There must be integration of service delivery plans in all spheres of government. The committee’s recommendation is that the challenges outlined in the visit must be taken up with the respective departments so as to ensure that there is a qualitative change.

What we experienced during this oversight visit brings us back to issues of capacity to ensure service delivery and the implementation of ANC policy by government departments. The visit highlighted the centrality of the revitalisation of the primary health care system.

As in most public hearings, people complained about the inaccessibility of health services and time spent waiting for an ambulance when it was needed. The health policy framework of the ANC and the 10-point plan government programme on health address the need to expand access to and coverage of primary health care services, as well as the incorporation of other priority programmes. It speaks of the training of community nurses, working together with community health workers, so as to broaden the scope of their work.

The ANC policy framework and 10-point plan speak of the efficiency and management of health care systems. During the committee’s oversight visit, the revitalisation of infrastructure was the critical point of discussion. Part of the 10-point plan to turn health around speaks to the Hospital Revitalisation Programme and the role that different stakeholders can play in this area.

Again, from the experiences during our visit the need for a review of aspects of the water provision strategy became clear. National standards and norms remain a huge challenge. Clearly, municipalities are still struggling with internal systems that don’t effectively deal with the totality of the need for sanitation and water supply. A lack of decent sanitation and water has an adverse effect on people’s health, exposing them to illnesses such as cholera and other infectious diseases.

The ANC health policy 10-point plan emphasises the strengthening of the health information system. The ANC health policy framework speaks to accelerating the delivery of health technology and information technology infrastructure so that there is ease of accessibility of patients’ records. The same strategy applies in the case of a shortage of medicines or out of stock medicines. Information technology systems have assisted tremendously in being able to trace where to access medicines and track down the patients’ medical history rather than having to depend on paper-based information. Any system is only as good as the human resource capacity that has to run it. This health plan addresses improved human resource planning, development and management training.

Central to the health policy framework is the mobilisation of communities for better health care and environmental protection. This strategy is underpinned by the basics of the health education and awareness programme using hygiene and morals as key levers. Continued mobilisation of communities in the HIV and Aids programme has been a very important achievement.

In conclusion, what the oversight visit has taught us is that the solutions and answers to the challenges we were confronted with around health are contained in the ANC comprehensive manifesto policy framework. What we need to do is to intensify measures to improve equitable access to health care provision and to involve communities in service delivery improvement to ensure an adequate supply of appropriate medicines and other supplies; ensure adequate safety for health institutions and health workers, as well as the monitoring of the general cleanliness of facilities and the quality of care; and speed up the revitalisation programme.

I table the report before this House for consideration. Thank you very much, Chairperson.

Debate concluded. Question put: That the Report be adopted.

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.

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON TRADE AND INTERNATIONAL RELATIONS – JOINT OVERSIGHT VISIT WITH SELECT COMMITTEE ON ECONOMIC DEVELOPMENT TO KWAZULU-NATAL: MTUBATUBA AND UMHLATHUZE MUNICIPALITIES

Mr D D GAMEDE: Chairperson, it is an honour for me today, as we celebrate Heritage Day, to take part by reporting on our joint oversight visit to KwaZulu-Natal with the Select Committee on Economic Development. This report was in the Announcements, Tablings and Committee Reports of 14 May 2010.

The joint committees visited different areas in KwaZulu-Natal, firstly St Lucia, where they met with communities and officials from iSimangaliso Wetland Park, local businesspeople, SMMEs and the local municipality of Mtubatuba. In Richards Bay they met the local municipality, the City of uMhlathuze, the MEC for economic development in KwaZulu-Natal, hon Mike Mabuyakhulu, and officials from his department. We also visited KwaMbonambi where we met communities and two amakhosi and we visited the local mine, which is Richards Bay Minerals. We visited Empangeni where we met with officials from Exxaro mine, thereafter meeting with community members of eMadlankala, where Exxaro mines. In Durban we visited the Engen Refinery. On this oversight visit, we were also accompanied by the KwaZulu-Natal Regional Director of the Department of Mineral Resources. We also went to Richards Bay, where we visited the industrial development zone, IDZ, and the Richards Bay harbour.

After all the oversight visits, the joint committees recommended that the Department of Trade and Industry should properly fund the industrial development zone in Richards Bay. The Richards Bay IDZ should hold their own account, which means that their grants and monies should not go via Ithala Bank.

The Department of Water and Environmental Affairs should look at the possibility of building a dam within the Mtubatuba municipality. We also recommended that Mtubatuba municipality should submit to Parliament a progress report regarding the exchange of land with private owners.

The national Department of Tourism should strengthen relationships for a national marketing strategy involving all stakeholders.

UMhlathuze municipality should provide a progress report with regard to SMME development and the manufacturing sector. Relationships between the mines, Richards Bay Minerals and Exxaro, and the communities must be improved through formal forums, and the Department of Mineral Resources should be the facilitator. Richards Bay Minerals and Exxaro should treat amakhosi and traditional leaders with respect and hear their side of the story when they are about to mine in those areas. Richards Bay Minerals and Exxaro should formally consult communities about new developments so that they are on the same level as the local communities. There should be a follow-up on the Engen Refinery with regard to compliance with the new air emissions standards.

In conclusion, the committees felt that after submitting this report and the recommendations to the relevant department, there should be a follow-up on the recommendations and their implementation after about six to nine months.

I therefore, on behalf of all the members of both committees, submit this report for adoption. Thank you.

Debate concluded.

Question put: That the Report be adopted.

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.

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON ECONOMIC DEVELOPMENT –
           OVERSIGHT VISIT TO PORT NOLLOTH, NORTHERN CAPE

Mr F ADAMS: Chairperson, hon colleagues, the Northern Cape is the largest of the nine provinces, taking up almost 30,5% of South Africa’s land area. It borders on four other provinces, the Atlantic Ocean to the west and the countries of Namibia and Botswana to the north, making it an ideal gateway to West African markets. The province also offers profitable investment opportunities in minerals and metals processing, agriprocessing, fishing, mariculture and tourism. Four investment corridors have been developed: the Namaqua corridor, the Karoo corridor, the Diamond Field-Kalahari corridor and the Orange River basin.

The purpose of the oversight visit by the Select Committee on Economic Development to the Northern Cape was to discuss the impact of socioeconomic and social labour plans of the mines on local government municipalities; to discuss their strategies for and development towards achieving service delivery; to determine whether the respective mines’ social responsibility plans towards the surrounding communities are being adhered to; to establish whether those communities were benefiting from the social responsibility plans of the surrounding mines; and to establish the form of such benefits.

The province accounts for some 7% of global diamond exports. The region also accounts for most of the country’s iron ore production. Other important metals and minerals include copper, limestone, gypsum, rose quartz, tiger’s eye, mica, verdite and semiprecious stones.

These metals and minerals are mostly processed outside the province, so there are opportunities for investors to establish value-adding beneficiation plants inside the Northern Cape, and not outside it. That is what the ANC wants to do. It wants to add beneficiation and value inside an area and not outside, hon Faber, like your DA does.

During our discussions with the communities, the committee established the fact that, even though each town has its own distinctive historical background, they all share similar problems, notably that land is used for marginal farming and communities have been historically denied access to large tracts of valuable mining, fishing, mariculture and agricultural land. This and poor infrastructure are but two of the serious economic challenges the communities are facing.

Mining has been the dominant industry within the municipalities, with mines controlling most of the land where there are opportunities for industries such as irrigation, agriculture and mariculture. With the reaching of an agreement in the land claims case, this situation will now change dramatically.

Chairperson, investment is required to upgrade accommodation facilities, develop new attractions and entertainment centres like theme parks, and upgrade air transportation networks.

These are some of the recommendations that the Select Committee on Economic Development has made, as can be seen in the ATC of 1 June, and which we would like to place before the House.

The committee must monitor the progress that has been made with the employment of a medical officer at the Alexander Bay Hospital. A new state- of-the-art hospital has been built by Alexkor but it has no doctors and no staff. Alexkor recently - about a week or two ago, before the provincial week - came to report to the committee. They said that they had a specialist doctor and a labour doctor and all that, but we need to do a follow-up to see if these are really in place because, according to the communities, they are not. What Alexkor told us, what the department told us, and what the communities said to us are three different things.

We need to follow up on the promulgation process of Alexander Bay, including identifying the institution responsible for promulgating phases. We need to follow up phase 1 projects and the progress made by the implementing organisation – either Alexkor or the Richtersveld CPA – and follow up phase 2 projects and progress.

We need to investigate housing in Alexander Bay. We have learnt that Alexkor is evicting people from the mining houses where miners are living. Now, if the son and daughter do not work on the mine where the father works, he alone can live in the house, but his family may not. We feel that it is grossly inhumane to do that. Alexkor has given the community and the committee the assurance that they will revisit their policies and take steps to prevent that situation.

Who is currently in command of the houses in Alexander Bay? Concerning the evictions by Alexkor, we want to know to whom the houses are being allocated at present, and on what basis these houses are allocated. We also want to know what the remaining term of the agreements for renting these houses is. There are mining consultancies and mining contractors. Now, these contractors also live in these houses.

You know, with deep sea diving, you only work around 20 days a year. That is what we have been told by the mining contractors. If the sea is rough you can’t go out, whether the sun is shining or not. If the sea is not up to standard you can’t go down and mine in the belly of the earth.

So, we need to find out from Alexkor what the rehabilitation plan for small- scale miners entails, because the contracts that Alexkor offered to small- scale miners at one stage had the small-scale miners getting 30%, while Alexkor got 70%. At another stage, the small-scale miners got 40%, while the big company got 60%. So, as a committee, we still need to follow up on these things.

We went to De Beers and had meetings with the Richtersveld community. There are projects. De Beers has now put in place mariculture projects, as well as conservation projects, for the communities. De Beers is also trying to establish a game reserve for the communities there and they are rehabilitating through ground art. Now, if hon Faber – who is from the Northern Cape – does not understand what ground art is, I want him to drive 480 km to the Richtersveld and see what ground art is really all about and how we, the ANC, think about job creation.

Chairperson, we want to place this report before the House for adoption. I thank you. [Applause.]

Debate concluded.

Question put: That the Report be adopted. 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.

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON EDUCATION AND RECREATION – OVERSIGHT VISIT TO NONDZAME PRIMARY SCHOOL, GROOT DRAKENSTEIN, PAARL

Ms M W MAKGATE: Chairperson, this is the report of the Select Committee on Education and Recreation on the oversight visit to Nondzame Primary School, Groot Drakenstein in Paarl on 14 October 2009, dated 17 February 2010.

The Select Committee on Education and Recreation undertook an oversight visit to Nondzame Primary School in Paarl on Wednesday, 14 October 2009. The visit was in response to correspondence received from the governing body of the school, and was also aimed at contributing to the committee’s mandate of ensuring that provincial interests are taken into account in the national sphere of government.

The committee consisted of a multiparty delegation led by the chairperson, and was accompanied by the school principal and members of the school governing body, as well as educators and administrative staff of Nondzame Primary School.

The main purpose of the meeting with the school governing body and the educators was to discuss the challenges facing the school in its proposed merger, and the terms and conditions in the event that such a merger did take place, as well as a proposed relocation of the school from Groot Drakenstein to Stellenbosch. Due to a misunderstanding between departmental officials and the school governing body, the relocation did not materialise.

The oversight visit to the school provided the committee with an in-depth understanding of the situation at the school. They found that the school is situated on privately owned land, and is the only school in the area using isiXhosa as a medium of instruction. After a visit by the MEC for education it was proposed that the school be merged with another school offering Afrikaans as a medium of instruction.

Communication channels between the school governing body and the department are almost nonexistent, as the department has been giving instructions to the school most of the time. The provincial department of education has been keeping the school in the dark about the processes involved in regard to the proposed merger and did not handle the matter with the required sensitivity. It appears that there were no clear terms and conditions for the proposed merger, which has led to the conflict.

The possible closure and merger of the school has led to the school losing a number of teachers due to uncertainty about the future of the school. The school and the governing body are not opposed to the idea of the proposed merger or the relocation. The general view is that before the school can consider the proposed merger and possible relocation, terms and conditions need to be clarified.

Some learners are using bicycles donated to the school as a mode of transport to and from school. The school is far from the residential area, and this is one of the reasons why the school is not opposed to the idea of relocating to a place closer to the community.

Relations between the councillor and the school are almost nonexistent, as he is alleged to have failed to act and intervene when his intervention was most needed and could have played a major role in this regard. The regional director did not assist the school to address the issue of the possible relocation and merger. The departmental representative and circuit manager could not respond to any of the questions of the delegation, since he had not been briefed and was not directly involved in the matter.

The key challenges revealed by the oversight are: insufficient school furniture and a lack of library facilities, computers and sports ground; a limited number of classrooms, which results in overcrowding; an insufficient number of teachers, which leads to some teachers teaching in more than one learning area; a lack of security, which leads to vandalism; teachers leaving the school for greener pastures, which was also triggered by the possibility of the merger and relocation of the school to Pniel.

Learners walk long distances to and from school, as the school does not benefit from the scholar transport grant, causing some learners to reach the school only by midday due to the long distances that they have to walk. Parents are unemployed, and it becomes difficult to pay for learners to get to school. This leads to learners’ arriving late for school.

The visit has provided the committee with a general overview of the challenges faced by the school and a clear picture of the situation, as well as the manner in which this issue was handled. In essence, the school is faced with the common challenge of poor quality of physical infrastructure and a general lack of resources.

The committee resolved that the department of education in the province would be summoned to appear before the select committee to explain the status of Nondzame Primary School, specifically with regard to the proposed merger and relocation. The committee further recommends that the provincial department of education should clarify the terms and conditions of the merger and proposed relocation, and ensure that, in the event that the schools are merged, the legacies of the two schools are not compromised.

Mechanisms should be developed to improve relations between the school governing body and the councillor of the area. Communication channels between the department and the school should be improved, and an amicable solution found without compromising the learners’ constitutional right to education. Communities should begin to treat the school as a community centre; they should feel that they own the school, which will ensure that no vandalism takes place at the school. The merger should be done in a way that does not lead to learners being deprived of their constitutional right to be taught in the language of their choice.

The department of education, both at district and provincial levels, must explore ways of developing retention strategies to prevent the poaching of teachers by urban schools, and develop mechanisms to provide incentives for teachers in rural and farm schools such as Nondzame.

The department of education must ensure that Nondzame Primary School has proper infrastructure, such as sporting facilities, libraries and computer laboratories. It must also make sure that scholar transport is provided as a matter of priority; that the school is fenced to prevent vandalism; and that security is provided as a matter of urgency. The school governing body, as well as the management of the school, must not be excluded from taking part in the merging and relocation processes. With the problem at Nondzame Primary School being very sensitive, it could have been handled better by the provincial department, which has a moral obligation to treat it with the urgency it deserves.

I put this report before the House for consideration. Thank you.

Debate concluded.

Question put: That the Report be adopted.

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.

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON APPROPRIATIONS – THIRD   QUARTER CONDITIONAL GRANTS SPENDING PATTERNS ON HIV AND AIDS (LIFE SKILLS
                             EDUCATION)

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON APPROPRIATIONS – THIRD  QUARTER CONDITIONAL GRANTS SPENDING PATTERNS ON COMMUNITY LIBRARY SERVICES
                                GRANT
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON APPROPRIATIONS – THIRD  QUARTER CONDITIONAL GRANTS SPENDING PATTERNS ON DEVOLUTION OF PROPERTY RATE
                             FUNDS GRANT

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON APPROPRIATIONS – THIRD  QUARTER CONDITIONAL GRANTS SPENDING PATTERNS ON COMPREHENSIVE HIV AND AIDS,
           HOSPITAL REVITALISATION AND FORENSIC PATHOLOGY

Mr S D MONTSITSI: Chairperson, with the time allocated here, we will not be able to finish all the reports. Therefore, we shall make sure that we capture the recommendations in particular.

The first report is the “Third quarter conditional grants spending patterns on HIV and Aids”; the second, the “Third quarter conditional grants spending patterns on Community Library Services Grant”; the third, the “Third quarter conditional grants spending patterns on Devolution of Property Rate Funds Grant”; and the last, the “Third quarter conditional grants spending patterns on Comprehensive HIV and Aids, Hospital Revitalisation and Forensic Pathology”.

The report is quite comprehensive. What we have are the observations, and we also made recommendations. The report from the Appropriations committee was as a result of an invitation that we gave the provinces, for the various departments to come and tell us about their spending patterns. Most of the departments invited were either the overspenders or underspenders of the conditional grants.

The meetings took place during the period April to June 2010. This was as a result of the statistics provided by the National Treasury in March. Starting with the conditional grants spending patterns on HIV and Aids, I will get directly to the recommendations.

Let me start with the recommendations on community libraries:

Having considered the presentations on the spending on the Community Library Service Grant by the National Treasury and the aforementioned 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 of
     funds that are actually spent by municipalities ...

  4. That the provincial departments of public works should appoint
     experienced contractors ...

Who will provide better services.

  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.

What I have omitted here, Chairperson, are the observations.

The recommendations on HIV and Aids (Life Skills Education) are as follows:

  1. That all provincial departments of education should formulate,
     implement, monitor and evaluate proper tendering and tender-related
     payment processes within three months ...


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


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


 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. That all provincial departments of education should ensure the full
    payment of relevant service providers out of HIV/Aids grant budget.

Those were the recommendations from the HIV programme.

The recommendations in regard to Comprehensive HIV and Aids, Hospital Revitalisation and Forensic Pathology are as follows:

 1. That the provincial departments of public works should investigate
    track records of contractors and examine them before awarding ...
    tenders in order to determine the ability of these contractors to
    successfully implement projects before them.
 2. That all provincial departments of health should comply with the
    annual Division of Revenue Act.

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

 4. That the provincial departments ... should improve the management
    of the hospital revitalisation grant.

Those were the recommendations.

The last recommendations, on the Devolution of Property Rates Funds Grant, are as follows:

 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 the 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 ...

 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 the property rates grant.

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

We present this report for adoption. I thank you.

Debate concluded.

The HOUSE CHAIRPERSON (Mr R J Tau): Hon members, I shall now put the question in respect of the Ninth Order.

Question put: That the Report on Third Quarter Conditional Grants Spending Patterns on HIV and AIDS (Life Skills Education) be adopted.

In the absence of any declarations, we shall now come to the voting: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West and Western Cape. Have all provinces voted? If any member wishes to correct his or her voting, he or she now has an opportunity to do so.

In the absence of any such change, I now declare the voting closed and request the Table to assist with the tally.

We have noted in regard to the Northern Cape that the hon Faber was the one who voted on behalf of the province. I want to believe that the delegation head probably gave him the mandate to vote on behalf of the province when he realised that there was no one from the Northern Cape to do so. [Interjections.]

All nine provinces voted in favour. [Interjections.] [Laughter.]

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

Report on Third Quarter Conditional Grants Spending Patterns on HIV and AIDS (Life Skills Education) accordingly adopted in accordance with section 65 of the Constitution.

Question put: That the Report on Third Quarter Conditional Grants Spending Patterns on Community Library Services Grant be adopted.

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

Report on Third Quarter Conditional Grants Spending Patterns on Community Library Services Grant accordingly adopted in accordance with section 65 of the Constitution.

Question put: That the Report on Third Quarter Conditional Grants Spending Patterns on Devolution of Property Rate Funds Grant be adopted.

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

Report on Third Quarter Conditional Grants Spending Patterns on Devolution of Property Rate Funds Grant accordingly adopted in accordance with section 65 of the Constitution.

Question put: That the Report on Third Quarter Conditional Grants Spending Patterns on Comprehensive HIV and AIDS, Hospital Revitalisation and Forensic Pathology be adopted.

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

Report on Third Quarter Conditional Grants Spending Patterns on Comprehensive HIV and AIDS, Hospital Revitalisation and Forensic Pathology accordingly adopted in accordance with section 65 of the Constitution. CONSIDERATION OF REPORT OF SELECT COMMITTEE ON CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS – CONSIDERATION OF 2007-08 REPORT OF WESTERN CAPE MUNICIPALITIES’ PERFORMANCE

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS - CONSIDERATION OF 2007-08 REPORT OF KWAZULU-NATAL MUNICIPALITIES’ PERFORMANCE.

Mr M H MOKGOBI: Chairperson and hon House, the provision was for the examination of the 2007-08 Municipal Performance Reports from the Western Cape province and KwaZulu-Natal province. The report specifies the committee’s recommendation of corrective measures to be taken in that regard.

We recommend in regard to the Western Cape that the House should endorse the report. The provincial executive committee should improve the spending capacity of municipalities, in particular the municipal infrastructure grant, MIG. The departments of local government and of housing should assist municipalities to improve critical skill shortages and in the filling of vacant positions. The province should compile service delivery data and submit it to the House. The Western Cape departments of local government and of housing should provide a comprehensive report on the allegation that the City of Cape Town has violated residents’ rights by not building walls around toilets in the Makhaza section of Khayelitsha. The Western Cape MECs for local government and for housing should table quarterly progress reports in the NCOP.

In regard to KwaZulu-Natal, the committee recommends that the House endorses the 2007-08 report. The KwaZulu-Natal department of co-operative governance and traditional affairs should assist the municipalities in the province to improve their spending capacity on the capital budgets and, in particular, the MIG. The KwaZulu-Natal MEC for co-operative governance and traditional affairs should table quarterly reports in this House.

Debate concluded.

Question put: That the Report on Consideration of 2007-08 Report of Western Cape Municipalities’ Performance be adopted.

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

AGAINST: Western Cape.

Report on Consideration of 2007-08 Report of Western Cape Municipalities’ Performance accordingly adopted in accordance with section 65 of the Constitution.

Question put: That the Report on Consideration of 2007-08 Report of KwaZulu- Natal Municipalities’ Performance be adopted.

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

Report on Consideration of 2007-08 Report of KwaZulu-Natal Municipalities’ Performance accordingly adopted in accordance with section 65 of the Constitution.

      CONSIDERATION OF REPORT OF SELECT COMMITTEE ON FINANCE –
           OVERSIGHT VISIT TO NORTHERN CAPE MUNICIPALITIES

Mr C J DE BEER: Chairperson, the oversight visit of the Select Committee on Finance to the Northern Cape forms part of the ongoing interaction with municipalities in order to monitor collaboration and co-ordination pertaining to the provision of municipal services, and support given to municipalities by the provincial and national departments.

Local municipalities that were visited in the Northern Cape were Sol Plaatje, Siyancuma, Thembelihle, Kgatelopele, Dikgatlong, SiyaThemba, Phokwane, Emthanjeni, Richtersveld, Kamiesberg, Karoo Hoogland, and Mier, as well as the Siyanda District Municipality.

Several stakeholders accompanied the committee on this visit, namely the national Departments of Treasury, of Co-operative Governance and Traditional Affairs, of Water and Environmental Affairs and of Energy, and the provincial departments of treasury, of co-operative governance and traditional affairs, and of human settlements, as well as other stakeholders such as Eskom, the Development Bank of Southern Africa, DBSA, Salga, the Auditor-General and the Financial and Fiscal Commission, FFC.

The purpose of the visit was to engage the above-mentioned municipalities and the national and provincial departments, in terms of section 154 of the Constitution, in regard to the following areas: development and implementation of municipal budgets; municipalities’ compliance with the Local Government: Municipal Finance Management Act, MFMA; spending and performance with regard to conditional grants; municipalities’ relations and collaboration with various national and provincial departments and vice versa, capacity constraints; the extent to which municipal services are provided, and the alignment of municipalities’ integrated development programmes with the provincial growth and development strategy.

The provincial Auditor-General’s opinion indicated that 11 municipalities received disclaimers, and that the audit outcome for the 2008-09 financial year did not change. The 11 municipalities that received disclaimers have not implemented basic accounting practices. Of great concern to the committee were the failure by chief financial officers, CFOs, to ensure adherence to basic accounting principles; a lack of proper document management systems, resulting in municipalities not being able to provide documents to support transactions processed in their accounting records; and the ineffective utilisation and management of consultants. The 11 municipalities with disclaimers of opinion used consultants during the 2008- 09 financial year for day-to-day accounting functions and to compile annual financial statements.

The lack of effective monitoring in the implementation of action plans to address prior year findings is largely due to municipalities not having effective internal audit and audit committee structures capable of monitoring management’s implementation of action plans and reporting to those charged with governance. A lack of technical support from provincial treasury and the department of co-operative governance and traditional affairs is due to capacity constraints and skills shortages.

Sir, 7 out of the 11 municipalities did not have an audit committee in operation throughout the year, and 6 of the 11 municipalities did not have an internal audit function throughout the year. The effectiveness is hampered by capacity constraints and inadequate scope of work. The internal audit should include responsibilities to assist with providing assurance in the financial statements and other reporting processes to those charged with governance. The key findings of the select committee were the following: smaller municipalities seriously lack capacity, which makes them rely on the use of consultants; municipalities in the rural areas are experiencing a skills flight and shortage in the fields of finance and engineering; the DBSA is assisting struggling municipalities, but it is a massive task to be carried out by a single entity; most municipalities are spending more funds on salaries rather than on operational programmes; municipalities appointed people to positions without relevant skills; national and provincial departments owe monies to municipalities for services rendered by those municipalities on behalf of the provincial and national departments; not all sector departments attend integrated development plan, IDP, meetings of municipalities, or they send junior officials to attend the IDP meetings; most municipalities, especially the low-capacity municipalities, are struggling to convert to the generally recognised accounting practice, GRAP, reporting systems due to both financial and human resource capacity constraints; and almost all water systems or facilities are outdated and water is being lost due to daily water pipe leakages.

The Select Committee on Finance recommends that the National Council of Provinces considers the following, and I quote:

• That the national Department of Co-operative Governance and Traditional Affairs, the National Treasury, and the national Department of Labour should monitor and evaluate the skills of people employed at municipalities in order to ensure that people with relevant skills are employed in key positions in the areas of finance, engineering and other technical fields;

• That the national Department of Co-operative Governance and Traditional Affairs and the National Treasury should contribute to the Municipal Turnaround Strategy by developing tools that are going to assist municipalities to comply with all provisions of the Local Government: Municipal Finance Management Act;

• That the national Department of Co-operative Governance and Traditional Affairs and the Presidency should develop rules and procedures on how the provincial and national departments must fully and actively participate in the integrated development plans, IDPs, of the municipalities and ensure that IDPs are aligned to the provincial growth and development strategy, PGDS;

• That the National Treasury and the national Department of Co-operative Governance and Traditional Affairs should develop programmes aimed at assisting municipalities … with the conversion from the Institute of Municipal Finance Officers to the generally recognised accounting practice …

That is a serious problem in all provinces. The committee further recommends: • That the national Department of Co-operative Governance and Traditional Affairs and the national Department of Public Service and Administration should ensure that municipal and other government officials are banned from doing business with any municipality in the country;

• That the National Treasury and the national Department of Co-operative Governance and Traditional Affairs should contemplate creating a conditional grant aimed at providing municipalities with funds to acquire skills and finance water pipe replacement projects;

• That the national Department of Co-operative Governance and Traditional Affairs and the national Department of Labour should review the use of consultants by municipalities with an aim of finding solutions to capacity constraints of municipalities;

• That the national Department of Co-operative Governance and Traditional Affairs and the National Treasury should ensure that the plans to establish internal audits, audit committees, and budget and treasury offices are included by municipalities in their municipal turnaround strategies; and

• That the national Department of Co-operative Governance and Traditional Affairs, in consultation with relevant stakeholders, should review salaries, qualifications and experiences, and the number of employees in scarce skills areas and other areas with an aim to determine if the appropriate number and skills of officials are employed at municipalities.

We liaised with the Select Committee on Co-operative Governance and Traditional Affairs and recommended that in future, when we do follow-ups on these different municipalities in the different provinces, we do them together. In terms of section 154 of the Constitution we will also do a follow-up to see if the national and provincial departments are assisting these local municipalities.

Hon Chairperson, the Select Committee on Finance tables this report in the House for consideration. Thank you. [Applause.]

Debate concluded.

Question put: That the Report be adopted.

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.

              MOTION WITHOUT NOTICE MOVED BY HON MNCUBE
                              (Ruling)

The ACTING CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon members, before we close, for the benefit of all the hon members here I would like to read the motion without notice that was moved earlier by the hon Mncube, over which there was a question mark. I hope everybody is going to listen properly now

• listening is a very good skill! I quote:

  That the Council —

  (1) notes with utter dismay that in a desperate attempt to salvage her flagging and sinking political career, the leader of the soon-to-be politically extinct ID has joined the DA and been sworn in as the MEC for social development;

  (2) further notes that in an attempt to appease Patricia de Lille for handing over the ID to the DA on a broken platter, the leader of the DA and Premier of the Western Cape province, Helen Zille, discarded Lennit Max, who was the MEC for community safety in the Western Cape; and

  (3) takes this opportunity to call on the betrayed people of the Western Cape, particularly the communities that voted for the ID and the majority of the leaders who are opposed to this unholy alliance to realise that only the ANC, which has fought for their liberation for almost 100 years, understands their needs and conditions, while the DA continues with its elitist …

I’ll repeat that, “elitist” –

     ... agenda, which has resulted in the neglect of their communities
     in favour of white affluent areas.

I therefore say, as I have said before, that I expect a written apology from hon Watson for wrongfully misleading the people in this House. He blamed hon Mncube for having uttered a very derogatory word, one that doesn’t exist here. The House is adjourned.

The Council adjourned at 17:29. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

                      MONDAY, 6 SEPTEMBER 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
    Security and Constitutional Development for consideration:

      a) The Report of the Independent Complaints Directorate on
         Domestic Violence for the period July – December 2009, tabled
         in terms of section 18(5)(c) of the Domestic Violence Act, 1998
         (Act No 116 of 1998).

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Justice and Constitutional Development

   (a) Report of the South African Law Reform Commission on Privacy and Data Protection – February 2009.

   (b) Progress report on the provisional suspension from office of Magistrate M T Masinga, an additional magistrate at Umlazi, in terms of section 13(3)(f) of the Magistrates’ Act, 1993 (Act No 90 of 1993).

   (c) Progress report on the provisional suspension from office of Magistrate L B Maruwa, an additional magistrate at Daveyton, in terms of section 13(3)(f) of the Magistrates’ Act, 1993 (Act No 90 of 1993). (d) Progress report on the provisional suspension from office of Magistrate D Jacobs, a magistrate at Clocolan, in terms of section 13(3)(f) of the Magistrates’ Act, 1993 (Act No 90 of 1993).

   (e) Progress report on the provisional suspension from office of Magistrate C M Dumani, a magistrate at Graaff Reinet, in terms of section 13(3)(f) of the Magistrates’ Act, 1993 (Act No 90 of 1993).

   (f) Progress report on the provisional suspension from office of Magistrate M K Chauke, an additional magistrate at Pretoria, in terms of section 13(3)(f) of the Magistrates’ Act, 1993 (Act No 90 of 1993).

   (g) Progress report on the provisional suspension from office of Magistrate W J M Prinsloo, an additional magistrate at Ermelo, in terms of section 13(3)(f) of the Magistrates’ Act, 1993 (Act No 90 of 1993).

2. The Minister of Human Settlements

   (a) Report and Financial Statements of the National Housing Finance Corporation Ltd (NHFC) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.

   (b) Report and Financial Statements of the Housing Development Agency for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.

   (c) Report and Financial Statements of the National Home Builders Registration Council (NHBRC) for 2009-2010, including the Report of the Auditor-General on the Financial Statements for 2009-2010. (d) Report and Financial Statements of the Rural Housing Loan Fund (RHLF) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.

   (e) Report and Financial Statements of the Social Housing Foundation (SHF) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.

   f) Report and Financial Statements of the National Urban Reconstruction and Housing Agency (NURCHA) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements for 2009-2010.

                     TUESDAY, 7 SEPTEMBER 2010
   

TABLINGS

National Assembly and National Council of Provinces

1. The Minister in The Presidency: Performance Monitoring and Evaluation as well as Administration

   (a) Report and Financial Statements of the Media Development and Diversity Agency (MDDA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.

2. The Minister of Science and Technology

(a)  Report and Financial Statements of the Academy of Science of South
    Africa for 2009-2010, including the Report of the Independent
    Auditors on the Financial Statements and Performance Information
    for 2009-2010.

1. The Minister of Trade and Industry

(a)  Report and Financial Statements of the National Empowerment Fund
    for 2009-2010, including the Report of the Independent Auditors on
    the Financial Statements and Performance Information for 2009-2010
    [RP 175-2010].

(b)  Report and Financial Statements of the Small Enterprise
    Development Agency for 2009-2010, including the Report of the
    Auditor-General on the Financial Statements and Performance
    Information for 2009-2010.

(c)  Report and Financial Statements of Export Credit Insurance
    Corporation of South Africa Limited for 2009-2010, including the
    Report of the Independent Auditors on the Financial Statements and
    Performance Information for 2009-2010.

(d)  Report and Financial Statements of the South African National
    Accreditation System (SANAS) for 2009-2010, including the Report of
    the Independent Auditors on the Financial Statements and
    Performance Information for 2009-2010 [RP 82-2010].

(e)  Report and Financial Statements of the National Lotteries Board
    for 2009-2010, including the Report of the Auditor-General on the
    Financial Statements and Performance Information for 2009-2010.

(f)  Report and Financial Statements of the National Gambling Board
    (NGB) for 2009-2010, including the Report of the Auditor-General on
    the Financial Statements and Performance Information for 2009-2010
    [RP 196-2010].

(g)  Report and Financial Statements of the Estate Agency Affairs Board
    for 2009-2010, including the Report of the Independent Auditors on
    the Financial Statements and Performance Information for 2009-2010.



(h)  Report and Financial Statements of the National Credit Regulator
    (NCR) for 2009-2010, including the Report of the Auditor-General on
    the Financial Statements and Performance Information for 2009-2010
    [RP 154-2007].

(i)  Report and Financial Statements of South African Bureau of
    Standards (SABS) for 2009-2010, including the Report of the Auditor-
    General on the Financial Statements and Performance Information for
    2009-2010 [RP 226-2010].

(j)  Report and Financial Statements of the National Regulator for
    Compulsory Specifications for 2009-2010, including the Report of
    the Auditor-General on the Financial Statements and Performance
    Information for 2009-2010 [RP 80-2010].

(k)  Report and Financial Statements of the National Consumer Tribunal
    for 2009-2010, including the Report of the Auditor-General on the
    Financial Statements and Performance Information for 2009-2010.

(l)  Report and Financial Statements of the National Metrology
    Institute of South Africa for 2009-2010, including the Report of
    the Independent Auditors on the Financial Statements and
    Performance Information for 2009-2010 [RP 214-2010].

(m)  Report and Financial Statements of the Technology and Human
    Resources for Industry Programme (THRIP) for 2009-2010, including
    the Report of the Auditor-General on the Financial Statements and
    Performance Information for 2009-2010.

(n)  Report and Financial Statements of the Support Programme for
    Industrial Innovation (SPII) for 2009-2010, including the Report of
    the Independent Auditors on the Financial Statements and
    Performance Information for 2009-2010.

(o)  Report of the National Industrial Participation Programme –
    Performance Review 2009.

                     WEDNESDAY, 8 SEPTEMBER 2010

ANNOUNCEMENTS National Council of Provinces

The Chairperson

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

(1)  Bill passed by National Assembly and transmitted for concurrence
     on 8 September 2010:


     (a)  Independent Police Investigative Directorate Bill [B 15B –
         2010] (National Assembly – sec 76(1)).


         The Bill has been referred to the Select Committee on Security
         and Constitutional Affairs of the National Council of
         Provinces.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Trade and Industry

(a)  Report and Financial Statements of the South African Council for
    the Non-Proliferation of Weapons of Mass Destruction for 2009-2010.



(b)  Report of the Consumer Affairs Committee (CAFCOM) for 2009-2010
    [RP 234-2010].

                     THURSDAY, 9 SEPTEMBER 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Assent by President in respect of Bills

   1) South African Reserve Bank Amendment Bill [B 10 – 2010] – Act No 4 of 2010 (assented to and signed by President on 8 September 2010).

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)  Bills passed by National Assembly and transmitted for concurrence
     on 9 September 2010:


    (a)  Taxation Laws Amendment Bill [B 28 – 2010] (National Assembly
         – sec 77).


     (b)  Voluntary Disclosure Programme and Taxation Laws Second
         Amendment Bill [B 29 – 2010] (National Assembly – sec 75).


         The Bills have 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 Finance

(a)  Government Notice No R 381 published in Government Gazette No
    33171 dated 14 May 2010: Amendment of Schedule No 3 (No 3/660), in
    terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).


(b)  Government Notice No R 437 published in Government Gazette No
    33211dated 28 May 2010: Amendment of Schedule No 1 (No 1/1/1405),
    in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

(c)  Government Notice No R 438 published in Government Gazette No
     33211 dated 28 May 2010: Amendment of Schedule No. 1 (No 1/1/1406)
     in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).


(d)  Government Notice No R 439  published in Government Gazette No
    33211 dated 28 May 2010: Amendment of Schedule No 1 (No 1/1/1407),
    in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).


(e)  Government Notice No R 440 published in Government Gazette No
    33211 dated 28 May 2010: Amendment of Schedule No 2 (No 2/325), in
    terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).


(f)  Government Notice No R 441 published in Government Gazette No
    33211 dated 28 May 2010: Amendment of Schedule No 3 (No 3/1/662),
    in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).


(g)  Government Notice No R 454 published in Government Gazette No
    33211 dated 28 May 2010: Exemption in terms of the Financial
    Intelligence Centre Act, 2001 (Act No 38 of 2001).


(h)  Government Notice No 471 published in Government Gazette No 33241
    dated 04 June 2010:  Exemption in terms of the Financial
    Intelligence Centre Act, 2001 (Act No 38 of 2001).


(i)  Government Notice No R 622 published in Government Gazette No
    33382 dated 14 July 2010: Amendment of Rules (DAR/72), in terms of
    the Customs and Excise Act, 1964 (Act No 91 of 1964).


(j)  Government Notice No R 623 published in Government Gazette No
    33382  dated 14 July 2010: Amendment of Schedule No 2 (No 2/326),
    in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).


(k)  Government Notice No R 624 published in Government Gazette No
    33383  dated 15 July 2010: Amendment of Schedule No 1 (No
    1/1/1410), in terms of the Customs and Excise Act, 1964 (Act No 91
    of 1964).


(l)  Government Notice No R 604 published in Government Gazette No
    33370 dated 16 July 2010: Amendment of Schedule No 1 (No 1/1/1409),
    in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).


(m)  Government Notice No R 606 published in Government Gazette No
    33370 dated 16 July 2010: Amendment of Schedule No 3 (No 3/662), in
    terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).


(n)  Government Notice No R 616 published in Government Gazette No
    33370 dated 16 July 2010: Amendment of Schedule No 2 (No 2/327), in
    terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).


(o)  Government Notice No R 630 published in Government Gazette No
    33385 dated 23 July 2010: Amendment of Schedule No 4 (No 4/332), in
    terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).


(p)  Government Notice No R 639 published in Government Gazette No
    33385 dated 23 July 2010: Regulations made under section 121 of the
    Income Tax Act, 1962 (Act No 58 of 1962).


(q)  Government Notice No R 637 published in Government Gazette No
    33394 dated 23 July 2010: Amendment of Schedule No 1 (No 1/1/1411),
    in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).


(r)  Government Notice No R 638 published in Government Gazette No
    33394 dated 23 July 2010: Amendment of Schedule No 2 (No 2/328), in
    terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).


(s)  Government Notice No R 653 published in Government Gazette No
    33400 dated 30 July 2010: Amendment of Schedule No 1 (No 1/1/1408),
    in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).


(t)  Government Notice No R 655 published in Government Gazette No
    33400 dated 30 July 2010: Amendment of Schedule No 2 (No 2/329), in
    terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).


(u)  Government Notice No R 656 published in Government Gazette No
    33400 dated 30 July 2010: Amendment of Schedule No 2 (No 2/330), in
    terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).


(v)  Government Notice No R 672 published in Government Gazette No
    33423 dated 30 July 2010: Amendment of Rules (DAR/73), in terms of
    the Customs and Excise Act, 1964 (Act No 91 of 1964).

(w)  Government Notice No 710 published in Government Gazette No 33457
    dated 13 August 2010: Amendment of Regulations, in terms of the
    South African Reserve Bank Act, 1964 (Act No 90 of 1989).Amendment
    of Schedule No 1 (No 1/1/1413), in terms of the Customs and Excise
    Act, 1964 (Act No 91 of 1964).


(x)  Government Notice No R 738 published in Government Gazette No
    33481 dated 20 August 2010: Amendment of Schedule No 1 (No
    1/1/1412), in terms of the Customs and Excise Act, 1964 (Act No 91
    of 1964).


(y)  Government Notice No R 739 published in Government Gazette No
    33481 dated 20 August 2010: Amendment of Schedule No 1 (No
    1/1/1413), in terms of the Customs and Excise Act, 1964 (Act No 91
    of 1964).

1. The Minister of Basic Education

(a)  Report and Financial Statements of the South African Council for
    Educators for 2009-2010, including the Report of the Independent
    Auditors on the Financial Statements and Performance Information
    for 2009-2010.

1. The Minister of Communications

(a)  Report and Financial Statements of Vote 21 – Department of
    Communications for 2009-2010, including the Report of the Auditor-
    General on the Financial Statements and Performance Information of
    Vote 21 for 2009-2010 [RP 126-2010].


(b)  Report and Financial Statements of the Independent Communications
    Authority of South Africa (ICASA) for 2009-2010, including the
    Report of the Auditor-General on the Financial Statements and
    Performance Information for 2009-2010 [RP 210-2010].


 c) Report and Financial Statements of the National Electronic Media
    Institute of South Africa (NEMISA) for 2009-2010, including the
    Report of the Auditor-General on the Financial Statements and
    Performance Information for 2009-2010.

1. The Minister of Science and Technology

(a)  Report and Financial Statements of the National Research
    Foundation for 2009-2010, including the Report of the Auditor-
    General on the Financial Statements and Performance Information for
    2009-2010.

1. The Minister of Trade and Industry

(a)  Trade Agreement between the Government of the Republic of South
    Africa and the Government of the State of Kuwait, tabled in terms
    of section 231(3) of the Constitution, 1996.


(b)  Explanatory Memorandum to the Trade Agreement between the
    Government of the Republic of South Africa and the Government of
    the State of Kuwait.


(c)  Agreement on Economic, Commercial and Technical Co-operation
    between the Government of the Republic of South Africa and the
    Government of the State of Qatar, tabled in terms of section 231(3)
    of the Constitution, 1996.


(d)  Explanatory Memorandum to the Agreement on Economic, Commercial
    and Technical Co-operation between the Government of the Republic
    of South Africa and the Government of the State of Qatar.


(e)  Bilateral Agreement on Economic, Trade and Technical Co-operation
    between the Government of the Republic of South Africa and the
    Government of the United Arab Emirates, tabled in terms of section
    231(3) of the Constitution, 1996.


(f)  Explanatory Memorandum to the Bilateral Agreement on Economic,
    Trade and Technical Co-operation between the Government of the
    Republic of South Africa and the Government of the United Arab
    Emirates.


(g)  Trade Agreement between the Government of the Republic of South
    Africa and the Government of the Republic of Yemen, tabled in terms
    of section 231(3) of the Constitution, 1996.


(h)  Explanatory Memorandum to the Trade Agreement between the
    Government of the Republic of South Africa and the Government of
    the Republic of Yemen.    6. The Minister of Transport

(a)  Report and Financial Statements of the Airports Company South
    Africa (Ltd) (ACSA) for 2009-2010, including the Report of the
    Independent Auditors on the Financial Statements and Performance
    Information for 2009-2010.

(b)  Report and Financial Statements of the South African Civil
    Aviation Authority (SACAA) for 2009-2010, including the Report of
    the Auditor-General on the Financial Statements and Performance
    Information for 2009-2010.


(c)  Report and Financial Statements of the South African National
    Roads Agency Limited (SANRAL) for 2009-2010, including the Report
    of the Auditor-General on the Financial Statements and Performance
    Information for 2009-2010 [RP 81-2010].

                      FRIDAY, 10 SEPTEMBER 2010

TABLINGS

National Assembly and National Council of Provinces

      1. The Minister of Police

(a)  The Report of the Independent Complaints Directorate on Domestic
    Violence for the period July – December 2009, tabled in terms of
    section 18(5)(c) of the Domestic Violence Act, 1998 (Act No 116 of
    1998).
                      MONDAY, 13 SEPTEMBER 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Introduction of Bills

   (1) The Minister of Home Affairs

    a) Refugees Amendment Bill [B 30 – 2010] (National Assembly –
       proposed sec 75) [Explanatory summary of Bill and prior notice
       of its introduction published in Government Gazette No 33478
       of 20 August 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. TABLINGS
   

National Assembly and National Council of Provinces

1. The Minister of Finance

(a)  Report of the Executive Officer of the Financial Services Board on
    the Road Accident Fund (RAF) for the period 1 April 2006 to 31
    March 2009.    2. The Minister of Justice and Constitutional Development

(a)  Report and Financial Statements of the National Prosecuting
    Authority (NPA) for 2009-2010, including the Report of the Auditor-
    General on the Financial Statements and Performance Information for
    2009-2010 [RP 87-2010].

(b)  Report and Financial Statements of Legal Aid South Africa for 2009-
    2010, including the Report of the Auditor-General on the Financial
    Statements and Performance Information for 2009-2010 [RP 44-2010].

(c)  Report and Financial Statements of the President’s Fund for 2009-
    2010, including the Report of the Auditor-General on the Financial
    Statements and Performance Information for 2009-2010 [RP 223-2010].


(d)  Proclamation No R. 35 published in Government Gazette No 33425
    dated 30 July 2010: Amendment of proclamation, in terms of the
    Special Investigating Units and Special Tribunals Act, 1996 (Act No
    74 of 1996).


(e)  Proclamation No R. 36 published in Government Gazette No 33425
    dated 30 July 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).
(f)  Proclamation No R. 37 published in Government Gazette No 33425
    dated 30 July 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).


(g)  Proclamation No R. 38 published in Government Gazette No 33425
    dated 30 July 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).


(h)  Proclamation No R. 41 published in Government Gazette No 33448
    dated 6 August 2010: Commencement of the Jurisdiction of Regional
    Courts Amendment Act, 2008 (Act No 31 of 2008).


 i) Proclamation No R. 42 published in Government Gazette No 33451
    dated 10 August 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).

1. The Minister of Trade and Industry

(a)  Report and Financial Statements of Vote 32 – Department of Trade
    and Industry for 2009-2010, including the Report of the Auditor-
    General on the Financial Statements and Performance Information of
    Vote 32 for 2009-2010.

1. The Minister of Transport

(a)  Report of the Regulating Committee to the Airports Company of
    South Africa and Air Traffic and Navigation Services Company for
    2009-2010.

                     TUESDAY, 14 SEPTEMBER 2010

ANNOUNCEMENTS

National Council of Provinces

The Chairperson

1. Referral to Committees of papers tabled

(1)  The following papers are referred to the Select Committee on Trade
    and International Relations for consideration and report:

    (a)  Amendments to Articles VI and XIV.A of the Statute of the
         International Atomic Energy Agency (IAEA), tabled in terms of
         section 231(2) of the Constitution, 1996.

    (b)  Explanatory Memorandum to the Amendments to Articles VI and
         XIV.A of the Statute of the International Atomic Energy Agency
         (IAEA).

(2)  The following papers are referred to the Select Committee on
    Security and Constitutional Development for consideration and
    report:

    (a)  Progress report on the provisional suspension from office of
         Magistrate M T Masinga, an additional magistrate at Umlazi, in
         terms of section 13(3)(f) of the Magistrates’ Act, 1993 (Act No
         90 of 1993).

    (b)  Progress report on the provisional suspension from office of
         Magistrate L B Maruwa, an additional magistrate at Daveyton, in
         terms of section 13(3)(f) of the Magistrates’ Act, 1993 (Act No
         90 of 1993).

    (c)  Progress report on the provisional suspension from office of
         Magistrate C M Dumani, a magistrate at Graaff Reinet, in terms
         of section 13(3)(f) of the Magistrates’ Act, 1993 (Act No 90 of
         1993).

    (d)  Progress report on the provisional suspension from office of
         Magistrate D Jacobs, a magistrate at Clocolan, in terms of
         section 13(3)(f) of the Magistrates’ Act, 1993 (Act No 90 of
         1993).

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

(1)  Bills passed by National Assembly and transmitted for concurrence
     on 14 September 2010:


    (a)  South African Postbank Bill [B 14B – 2009] (National Assembly
         – sec 75).
         The Bill has been referred to the Select Committee on Labour
         and Public Enterprises of the National Council of Provinces.


    (b)  Civilian Secretariat for Police Service Bill [B 16B – 2010]
         (National Assembly – sec 76(1)).


         The Bill has been referred to the Select Committee on Security
         and Constitutional Development of the National Council of
         Provinces.


    (c)  Transport Laws Repeal Bill [B 19B – 2010] (National Assembly –
         sec 75).


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

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a)  Report of the Commission for Gender Equality (CGE) on A Gendered
    Analysis of Land Reform Policy and Implementation Outcome in South
    Africa, (2006 – 2008/09) - 5 May 2010 (Final Comprehensive
    Version).


(b)  Report of the Commission for Gender Equality (CGE) on A Gendered
    Review of South Africa’s Implementation of the Millennium
    Development Goals.

1. The Minister of Trade and Industry (a) Report and Financial Statements of the Companies and Intellectual Property Registration Office (CIPRO) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 174-2010].

National Council of Provinces

1. The Chairperson

(a)  The President of the Republic submitted the following letter dated
    27 August 2010 to the Chairperson of the National Council of
    Provinces, informing members of the Council of the employment of
    the South African National Defence Force for a service in co-
    operation with the South African Police Service and to assist other
    government departments during the countrywide public service
    strike:

    EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE FOR A
    SERVICE IN CO-OPERATION WITH THE SOUTH AFRICAN POLICE SERVICE AND
    TO ASSIST OTHER GOVERNMENT DEPARTMENTS DURING THE COUNTRYWIDE
    PUBLIC SERVICE STRIKE


    This serves to inform the National Council of Provinces that I have
    employed 1350 members of the South African National Defence Force
    (SANDF) personnel for service in co-operation with the South
    African Police Service and to assist other government departments
    during the countrywide public service strike.


    This employment is authorised in accordance with the provisions of
    section 201(2)(a) of the Constitution of the Republic of South
    Africa, 1996, read with section 18 and 19 of the Defence Act, 2002
    (Act No 42 of 2002).


    Members of the SANDF are employed from 19 August 2010 until 24
    September 2010.


    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


    Referred to the Select Committee on Security and Constitutional
    Development.


(b)  South African Child Gauge 2009/2010.


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

COMMITTEE REPORTS

National Council of Provinces

1. Report of the Select Committee on Co-operative Governance and Traditional Affairs on Intervention in Mafikeng Local Municipality – Dated 14 September 2010

2. Background and Overview 1.1 The Select Committee on Co-operative Governance and Traditional Affairs, having considered the request made by the National Council of Provinces (NCOP) on 30 April 2010 to consider and report on the intervention notice invoked in terms of section 139 (1)(b) of the Constitution at Mafikeng Local Municipality by the North-West Provincial Executive Council (PEC), reports as follows:

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

1.3 The Office of the Chairperson of the NCOP referred the notice of intervention in the affairs of Mafikeng Local Municipality to the Select Committee of Co-operative Governance and Traditional Affairs, in terms of NCOP Rule 101 for consideration and reporting. The Committee took a decision during its meeting to conduct an oversight visit to the above-mentioned Municipality on 19 August 2010.

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

2. Delegation 3.1 The delegation of the Committee was composed of the following Members of Parliament and Officials: Hon MH Mokgobi, Limpopo (ANC); Hon AG Matila, Gauteng (ANC); Hon DV Bloem, Free State (COPE); Hon A Watson, Mpumalanga (DA); Mr NA Mfuku, Content Adviser (Committee Section) and Mr V Mfuniselwa, Administration Assistant (Committee Section).

3. Introduction

4. On 21 July 2010, the North-West Premier tabled a notice of intervention in Mafikeng Local Municipality to the Office of the Chairperson of the NCOP. The Municipality was previously under administration during the 2003/04 financial year, on matters of poor financial management and administration. Furthermore, the Municipality had also been identified as a priority Municipality in terms of section 106 of the Local Government: Municipal Systems Act (Act 32 of 2000) for investigation by the Special Investigations Unit (SIU). However, despite these interventions, the Municipality’s financial situation continued to deteriorate and this affected service delivery adversely.

4.2 In terms of section 139 (2)(b)(ii) of the Constitution, the intervention must end if the NCOP does not positively approve the intervention within 180 days since the intervention began, in this case before the end of 27 December 2010.

1. Problems Identified by the Provincial Executive Council (PEC) 5.1 On 30 June 2010, the Provincial Executive decided to invoke section 139 1(b) of the Constitution in Mafikeng Local Municipality. The intervention was scheduled for a period of six months, with effect from 1st July 2010. The main issues identified by the Provincial Executive to intervene in the affairs of Mafikeng Local Municipality related to:

   • governance and administration, which was characterized by Council instability due to a lack of decisive political and administrative leadership; • service delivery challenges with regard to the provision of water, refuse removal, storm water systems and electricity; • a dysfunctional Local Labour Forum (LLF) as a result of strained relations between management and labour, and poor attendance by management, with resolutions not implemented.

   The Municipality was not financially viable and there was a lack of political/administrative will in implementing credit control policy

2. Appointment and Functions of the Administrator 6.1 The intervention was presented to a Mafikeng Local Municipality Council meeting on 15 July 2010 and the Administrator, Mr J Motlogelwa, was seconded and effectively appointed on the same date. He was presented by MEC for Provincial Treasury, Hon L Mabe. Mr Motlogelwa was appointed to:

   • appoint an Acting Municipal Manager outside the current municipal personnel with immediate effect;

   • improve service delivery in Mafikeng including surrounding villages (these should include facilitation of new projects, unblocking of old projects, maintenance of infrastructure and cleansing);

   • improve the financial controls in the Municipality, expenditure management, procurement processes, revenue management and collection, as well as addressing issues raised by the Auditor- General in his reports (MFMA compliance);

   • analyse and implement past and current investigations, commissions of enquiry, forensic audits, SIU, etc;

   • attend to labour matters in the Municipality (outstanding disciplinary cases, labour disputes, functionality of LLF and instil a culture of work and discipline amongst staff members;

   • facilitate the improvement of governance within Council (oversight role), including relations between Council and administration;

   • conclude the outstanding disciplinary case of suspended Municipal Manager (develop charges and commence with disciplinary process);

   • investigate all recently awarded contracts, in order to establish validity and legitimacy thereof; and.

   • perform all other applicable executive obligations as stipulated in various legislations and prescripts.

3. Oversight Visit to Mafikeng Local Municipality
4. On 19 August 2010 the delegation of the Committee had interactive and robust engagements with the internal and external stakeholders of the Municipality. The main internal stakeholders the delegation interacted with in the Municipality included the Speaker, Executive Mayor, Chief Whip, Councillors, Ward Committee Members, Administrator and the South African Local Government Association (SALGA). The main external stakeholders the delegation interacted with included members of the community, the business forum and non-governmental organizations.

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

(A). Municipal Transformation and Organisational Development

7.3 Municipal Council: There have been serious challenges facing the Municipality, involving service delivery. There have also been challenges between Council and administration that have led to the Provincial Executive intervening in the Municipality. During the past intervention, the Administrator did a good job and systems were put in place. However, after his departure, the administration started to collapse. Labour relations are a serious concern in the Municipality. Until they are resolved, there will always be disruption of services in the Municipality.

7.4 The current Executive Mayor, Cllr. Moreetsi Desmond Jabanyane, assumed responsibility for his position on the 1st February 2010. It was reported that the previous Executive Mayor, Cllr. Mosa Sejosingwe, took employment with the Presidency. The current Acting Municipal Manager was appointed on 12 August 2010. The Administrator will assist the Council in appointing a full-time Municipal Manager.

7.5 Administrator: Governance and administration has been characterized by Council instability due to lack of decisive political and administrative leadership. This has been due to persistent Council interference in the administration and irregular appointment of contract workers which were not required. Equally the Council failed to conclude disciplinary processes of the suspended Municipal Manager. There were no performance assessments or evaluation conducted for the past three financial years, and the administration was on the brink of collapse, with lack of staff discipline and absence of ethical leadership. In addition, the Municipal Manager has been on suspension for more than 12 months, and disciplinary hearings have been unnecessarily elongated.

7.6 MEC for Provincial Treasury: The MEC, Ms Mabe, described the circumstances that led to the decision of intervening in the Municipality and how she was the subject of attacks by the Municipal Council. According to her, they felt that the MEC was unfair, based on the reasons identified for the intervention. As a result, the majority party did not accept the intervention, but promised to support the Administrator, while the opposition welcomed the intervention. The MEC is of the opinion that an audit of skills needs to be done to verify skills capacity in the Municipality.

7.7 Provincial Department: The Acting Head of Department of Local Government and Traditional Affairs, Mr Themba Fosi, reported that both the Municipal Council and Organized Labour approached the Department about a request on invoking a section 139 intervention in the Municipality. However, although the Department instituted a section 106 investigation, the Municipal Council also appointed the Fivaz- Ramathe Commission of Enquiry to conduct an investigation. In the Department’s opinion, this was very strange. In terms of the turnaround areas, the Administrator would look at the key areas of operation and maintenance, revenue and management, the Integrated Development Plan (IDP), governance and administration. The invoking of a section 139 intervention at Mafikeng Local Municipality was a necessary corrective measure, and was communicated properly with all the relevant stakeholders.

7.8 Organized Labour: Councillors in the Municipality persistently interfered with the administration. About 20 people were reportedly being employed as contract workers in the Community Services Directorate, and all of them were allegedly being brought in by Cllr Vuyisile Tambam. The same Councillor was paid an amount of R5, 134.18 (cheque no. 900010758) to attend the ELMA Training at the University of Pretoria. He did not attend the course but received payment. He further requested payment of a claim amounting to R1, 121.78 on 16 February 2010.

7.9 It was reported that a Mr Martin Sebakwane’s fixed-term contract of employment expired since it was linked with that of the former Executive Mayor. Since the former Executive Mayor had been re-called in January 2010, Mr Sebakwane was given a letter that automatically terminated his contract in March 2010. However, evidence suggested that this official was still on the municipal pay-roll system and was still receiving a monthly salary of R38, 241.44.

7.10 Another irregularity reported by Organized Labour was with regard to the irregular issuing of clearance certificates to the buyers of the formerly North-West Housing Corporation which was sold recently. It was reported that the Municipality issued clearance certificates without settling outstanding debts to Council as required by policy. This transaction was for an amount of around R30 million, and this writing-off of debts and the awarding of discounts warrants a thorough investigation.

(B). Basic Service Delivery

7.11 Municipal Council: A claim was made that workers generally in the Municipality reneged on their responsibilities. Some Councillors were also not servicing their communities. Another challenge that was identified was with regard to the finalisation and appointment of Bid Committee members. This contributed to service delivery challenges and delays of projects for communities.

7.12 Administrator: There are basic service challenges in terms of provision of water, refuse removal, storm water systems and electricity as result of lack of operations and maintenance of infrastructure due to insufficient budget. Presently there are high mast lights in eight villages installed in 2007, which have not been energized to date. In summary, service delivery in the Municipality is on the brink of total collapse. The Municipality is the capital town of the Province, but the image of the town does not reflect this.

7.13 A plan for engagement of affected stakeholders such as Business Chambers and Organised Labour will be unfolded, and this will include the assessment of the efficiency of personnel management and optimum utilization of municipal equipment and/or resources. Mr Andre Du Plessis, a DBSA engineering expert, was appointed. A plan cutting across all service delivery areas will be finalised by 25th August 2010, and a project team will commence work immediately.

7.14 Ward Committees: Service delivery is a major problem in the whole municipal jurisdiction. In addition, municipal workers are not properly supervised in discharging their responsibilities. As a result, the community is suffering due to poor service delivery. Furthermore, it has been observed that there is a lot of in-fighting between Council and administration, which results in undue delays of projects and basic services.

(C). Local Economic Development (LED)

7.15 Business Forum: The National African Federated Chamber of Commerce (NAFCOC) raised concerns about the municipality’s inability to see business as a strategic partner in development at Mafikeng. Organized business should form partnerships with the Municipality especially on issues of LED. Agriculture was identified as a major economic development activity in the Province. However, the Municipality has not played any pivotal role in this regard. In addition, NAFCOC felt that the issue of corruption and tender irregularities needed urgent address.

(D). Municipal Financial Viability and Management

7.16 Municipal Council: There is a serious challenge of collecting revenue due to the Municipality. Government institutions owing the Municipality a lot of money that could have been used for service delivery. The Provincial Government departments owe the Municipality around R190 million. Parliament should assist the Municipality in recouping all the money owed to it by the state departments. Equally, there are serious capacity challenges in the Finance Directorate, and this has led the Municipality to receive disclaimers in four consecutive years.

7.17 Administrator: Mafikeng Local Municipality is not financial viable. On average, the monthly salary bill is R12 million, which far exceeds the income from services and rates levied at R10 million per month. Revenue collection for services levied is very low and impacts negatively on the financial viability of the Municipality. There are numerous allegations of fraud, corruption and maladministration on the procurement of goods and services, as well as on the sale and alienation of vacant municipal land.

1. The DBSA seconded municipal finance expert, Mr Eduard Le Roux, who will lead the Finance Section to deal mainly with management issues, revenue enhancement and Auditor-General matters. Efforts are already afoot to ensure that matters such as payment of government debts (mainly property rates), are brought to finality without delay. This will enhance the cash flow of the Municipality and realise a cash- funded budget, which is an issue at the moment.

2. Furthermore, an Audit Recovery Plan with responsible officials and target dates will be implemented and consultants have been appointed to assist with fixed asset register and debtors database cleansing. The Municipality has decided to leave the Shared Service for Internal Audit and the Shared Audit Committee rendered by the Ngaka Modiri Molema District Municipality, since it has not been effective.

(E). Good Governance and Public Participation

7.20 Administrator: The LLF is not functional as a result of strained relations between management and labour. There are serious tensions and conflicts between management and workers, as a result of disagreements over labour-related matters. There are reported allegations of corrupt activities in the Municipality which are not acted upon by management and Council. In order to rescue the Municipality from total collapse and to salvage whatever is left in the institution, there is a need to decisively intervene in the Municipality, both at political and administrative level.

1. Members of Community Forums: Public participation and consultation is extremely poor in the Municipality. There are Imbizo’s held by the Municipality every six months, where false hopes are raised by the Council. When delivery on the issues raised by the communities is not met, the Council attributes this to insufficient funding or budget constraints.

2. Ward Committees: It has been indicated that the work of Ward Committees seems not to be appreciated by the Municipality, although they are the communication link between communities and the Municipality. Hence it has been suggested that stipends for Ward Committee members should be awarded. In addition, it has been reported that there are conflicting roles between Ward Committees and Traditional Leaders.

3. Committee Observations and Opinion

4. It was observed that most of the interventions undertaken in the North- West Province were based on in-fighting between the Municipal Council and administration. The Municipal Council of Mafikeng in particular was suffering from lack of discipline, and this matter needs to be looked at as a matter of urgency.

5. In Mafikeng, in particular, there has been a total break-down of working relations between stakeholders. The invocation of section 139(1)(b) intervention will allow for new leadership in the Municipality in the form of an Administrator, for both political and administration to stabilize administratively without the interference of the Municipal Council.

6. The Committee acknowledged the partnership requested by NAFCOC in contributing to local economic development in Mafikeng. It is the Committee’s opinion that this proposed partnership should be encouraged and developed.

7. Recommendations

10.1 Having conducted the oversight visit to Mafikeng Local Municipality and interacted with all relevant stakeholders, the Select Committee on Co-operative Governance and Traditional Affairs recommends as follows:

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


    2. The Minister for Co-operative Governance and Traditional Affairs
       should approach the Hawks to pursue  criminal  investigation  in
       all cases of financial  irregularities  and  fraud  in  Mafikeng
       Local Municipality as a matter of urgency.  A progress report in
       this regard should be forwarded to the NCOP within one month.


    3. The Administrator should investigate the  matter  regarding  the
       Council vehicle in Gauteng Province, as well  as  the  municipal
       tractor which was irregularly used by a contractor.

    4.  The  Administrator  should  investigate  the  alleged  improper
       appointment of 20 contract workers in the Municipality, and take
       the  necessary   corrective   measures   in   rectifying   these
       appointments.

    5.  The  Administrator  should  immediately  investigate  and  take
       corrective steps with  respect  to  the  Director  of  Community
       Services,  who  is  alleged  to  have  refused   servicing   the
       community.

    6. The Administrator should fast-track the  process  of  appointing
       the Municipal Manager, in order to facilitate  the  transfer  of
       skills and to ensure continuity.


    7.  The  North-West  MEC  for  Provincial  Treasury  should   table
       quarterly progress  reports  to  the  NCOP  and  the  Provincial
       Legislature  on  the  status  of   the   intervention   in   the
       Municipality, including challenges encountered.

Report to be considered.

1. Report of the Select Committee on Co-operative Governance and Traditional Affairs on Consideration of the 2007/08 Performance Report of Eastern Cape Municipalities – Dated 14 September 2010

2. Background and Overview

1.1 The Select Committee on Co-operative Governance and Traditional Affairs having considered the directive of the National Council of Provinces (NCOP) to consider and report on the 2007/08 Performance Report of Eastern Cape Municipalities’ Performance tabled by the MEC for Local Government and Traditional Affairs in terms of the requirements of the Local Government Municipal Systems Act (Act 32 of 2000), reports as follows:

1.2 Municipalities are required by legislation to produce annual performance reports in terms of section 46 of the Local Government Municipal Systems Act. Based on these reports, the MEC responsible for local government has to compile a consolidated report on the performance of municipalities in the province and submit a report to the NCOP in terms of section 47 of the Act. In this case, the report provides an analysis of the municipal performance in the Eastern Cape Province and also makes recommendations for corrective measures to be undertaken in that regard.

1.3 In terms of NCOP Rule 101, the Office of the Chairperson of the NCOP referred the 2007/08 Report of Eastern Cape Municipalities’ Performance to the Select Committee on Co-operative Governance and Traditional Affairs for consideration and report.

1. Introduction

2.1 On 20 August 2009, the Eastern Cape MEC for Local Government and Traditional Affairs tabled the 2007/08 Performance Report of Municipalities in the Eastern Cape to the Office of the Chairperson of the NCOP, in terms of section 47 of the Local Government Municipal Systems Act. Subsequent to the tabling, the Committee held a briefing meeting on 20 April 2010 with the Eastern Cape MEC for Local Government and Traditional Affairs.

1. Presentation on 2007/08 Eastern Cape Municipality Performance Report . . 3.1 The MEC for Local Government and Housing, Hon S Gqobana, presented the Eastern Cape 2007/08 Municipalities’ Performance Report to the Committee. In his political overview, the MEC indicated that the report had been compiled in terms of section 47 of the Local Government Municipal System and was largely based on annual performance reports of individual municipalities. In terms of the report, of the 45 municipalities in the Province, 44 (98%) have compiled and submitted their reports to the Department. The only exception was the Mbizana Local Municipality. This represented an improvement of 9% compared to the 2006/07 financial year, when only 40 municipalities (88,8%) submitted their section 46 reports to the Department.

3.2 The report further highlights areas of weakness and of strength in the various municipalities per each key performance indicator, and proposes remedial actions to be taken. Remedial actions that are proposed are premised on the need to ready municipalities for the new paradigm shift that is associated with the need to integrate government planning, co-ordination of all public and private sector support, and the focus on rural development.

3.3 The Department has committed itself to enhancing its capacity to support all municipalities in the Province, and the organizational structure has been elevated with progress made in respect of the filling of critical positions. Furthermore, the MEC explained that the report was published in the Provincial Gazette as required in terms of section 47 (2)(c) of the Local Government Municipal System Act and submitted to the Provincial Legislature, NCOP and the Minister of Co-operative Governance and Traditional Affairs.

3.4 The presentation focused on the 5-Year Local Government Strategic Agenda, which remains the guiding strategic approach in improving service delivery of all municipalities. These areas are: improving municipal transformation and organisational development, accelerating basic service delivery, putting in place viable local economic development strategies, improving the fiscal management and discipline, and ensuring overall good governance and public participation in the work of the municipality.

1. Municipal Transformation and Organisational Development

4.1 The Department reported that, in terms of vacancy rate for all approved posts; filling of section 57 positions and implementation of the performance management system, Cacadu and OR Tambo were the only District Municipalities that showed a slight improvement in performance when compared with the previous year. The Department explained that the progress observed in OR Tambo District Municipality was due to most municipalities in this District not submitting their reports in 2006/07 financial year.

4.2 The performance assessment results of municipalities with regard to Employment Equity remained the biggest challenge, as they reflect 39 municipalities (89%) being assessed as being ‘extremely weak’. However, with respect to Performance Management Systems a remarkable improvement was made in the 2007/08 financial year as compared to the previous financial year. This improvement is largely attributed to the support which the Department has rendered to municipalities in this regard during the past two years.

1. Basic Service Delivery

5.1 Municipalities in the Province are faced with a combination of challenges in the delivery of infrastructure and basic services, such as, for example, growing urbanisation, the servicing of undeveloped predominantly rural communities, and a historical backlog in the provision of infrastructure. Consequently, the national Department of Co-operative Governance and Traditional Affairs has provided a total sum of R22 751 000 as funding to assist municipalities in the Province with the provision and development of infrastructure.

5.2 It was reported that most municipalities made progress with regard to basic service delivery. Nelson Mandela Bay Metropolitan Municipality had the highest average score of 70%, followed by Chris Hani District Municipality area with an average score of 44%. Despite the progress made, Alfred Nzo and OR Tambo District Municipalities were reported to be the worst performing districts at 35% and 32% respectively in terms of key performance indicators of access to free basic water, sanitation, electricity, bucket system eradication and the implementation of indigent policy.

1. Local Economic Development (LED)

6.1 The Department reported that, in terms of number of jobs created through the Extended Public Works Programmes and the percentage of municipalities with effective LED Units; Nelson Mandela Bay, Amathole and Alfred Nzo District Municipalities were the best performing municipalities. Despite the progress observed, the average performance across all districts was generally reported to be below 50%.

6.2 Many municipalities viewed LED as an unfunded mandate and failed to prioritise it or provide the necessary infrastructure. Most municipalities rely on other partners for the implementation of the LED strategies. The Department and the Department of Economic Development and Environmental Affairs, supported by the Technical Unit of Thina Sinako, initiated a process aimed at finalizing guidelines for the development of LED strategies by municipalities.

1. Municipal Financial Viability and Management

7.1 In terms of the total amount of actual trade creditors, the rate of municipal consumer debt-reduction and percentage of capital expenditure; the Department reported that the overall municipal financial management performance had improved in all district municipalities, as well as in Nelson Mandela Bay.

7.2 Despite the progress observed, Chris Hani and OR Tambo district areas were reported to be the worst performing municipalities at 44% and 28% respectively. The reasons for the poor performance will need to be determined, so that performance can be improved.

1. Good Governance and Public Participation

8.1 The Department indicated that, in terms of functionality of Ward Committees, effective monitoring system of Community Development Workers (CDWs) and the implementation of intergovernmental relations policy; most of the district municipalities reported progress in their performance compared to the 2006/07 financial year. It is of concern that even though performance has improved in four districts, their level of performance is still less than 50%, indicating that intensive support will be required. 8.2 Notwithstanding the progress observed, the Department further explained that the overall performance in the district municipality areas was still below 50%. The performance of the Chris Hani District and Nelson Mandela Bay Metropolitan Municipalities was reported to have regressed compared to the 2006/07 financial year.

8.3 In an attempt to address some of the challenges with respect to this key performance area, the Department has: • deployed 252 CDWs across all the districts; • provided R15 000.00 funding for purposes of public participation per ward, per annum; • assisted municipalities with the disestablishment and establishment of ward committees; • facilitated accredited training courses for Ward Committee Members and CDWs; • assisted in the creation of sound relations between Ward Councillors, Ward Committees, CDWs and Traditional Leaders; • provided funding for voting station infrastructure; and • supported municipalities in handling of petitions.

1. Committee Observations and Opinion

9.1 The Committee has observed the remarkable progress made by municipalities with respect to filling their vacant section 57 Manager’s positions in the year under review. However, the Department should ensure that skilled personnel are appointed and that performance agreements are signed and submitted to the Department on time.

9.2 The opinion is held by the Committee that the provision of infrastructure is crucial for the delivery of basic services and central to the functional responsibilities of municipalities. The scale and pace upon which infrastructure is provided has to be sufficient in addressing the needs of communities within the Province of the Eastern Cape.

9.3 The Committee is of the opinion that, for service delivery to be effective and efficient in a municipality, there has to be a committed political and administrative leadership with sound administrative and management processes in place. The performance of Eastern Cape Province municipalities in meeting their IDP milestones and becoming sustainable institutions depends on their capacity to transform themselves and appropriately use the available resources.

1. Recommendations

10.1 Having deliberated on the 2007/08 Eastern Cape Municipalities’ Performance Report, the Select Committee on Co-operative Governance and Traditional Affairs recommends as follows:

  10.1.1   The  NCOP   should   endorse   the   2007/08   Eastern   Cape
       Municipalities’ Performance Report.


  10.1.2  In order to improve the quality of annual reports, the Eastern
       Cape Department of  Local  Government  and  Traditional  Affairs
       should developed a new reporting format for section  46  reports
       to be used by all municipalities as from the  2008/09  financial
       year.


  10.1.3   The  Eastern  Cape  Department  of   Local   Government   and
       Traditional Affairs should  provide  intensive  support  on  the
       municipalities which have serious  performance  challenges  with
       respect to specific key performance areas.


  10.1.4   The  Eastern  Cape  Department  of   Local   Government   and
       Traditional Affairs should assist municipalities in the Province
       to  improve  the  situation  with  respect  to  critical  skills
       shortages and the  filling  of  vacant  positions,  as  well  as
       ensuring that performance agreements are signed.


    5. The Eastern  Cape  MEC  for  Local  Government  and  Traditional
       Affairs should table quarterly progress reports to the  NCOP  in
       respect of municipal performance in the Province.

Report to be considered.

1. Report of the Select Committee on Co-operative Governance and Traditional Affairs on Consideration of the Termination of Interventions in Xhariep District Municipality and Mohokare Local Municipality – Dated 14 September 2010

2. Background and Overview

1.1 The Select Committee on Co-operative Governance and Traditional Affairs, having considered the directive of the National Council of Provinces (NCOP) to consider and report on the notice of termination of interventions in Xhariep District and Mohokare Local Municipalities, as tabled by the Free State MEC for Co-operative Governance and Traditional Affairs, reports as follows:

1.2 On 06 June 2008, the Office of the Chairperson of NCOP referred the notice of termination of interventions in both municipalities to the Select Committee on Co-operative Governance and Traditional Affairs for consideration and reporting in terms of NCOP Rule 101.

1.3 Based on the NCOP referral, the Committee undertook oversight visits to Mohokare Local Municipality and Xhariep District Municipality between 10 and 12 October 2008. In the Committee reports tabled to the NCOP, it was recommended that after the completion of interventions in both municipalities, the MEC of Co-operative Governance and Traditional Affairs should table a closure or termination report to NCOP indicating the progress made in respect of interventions.

1.4 Since the Free State Provincial Executive Council was satisfied that the Councils of both municipalities were ready and able to perform their executive functions and obligations, the Committee held a briefing session on 20 April 2010 with the Free State Department of Co- operative Governance and Traditional Affairs. The main purpose of the briefing was to consider the progress made in respect of the termination of interventions in both municipalities.

1. Presentation on Interventions Progress in Mohokare Local Municipality and Xhariep District Municipality

2.1 On 20 April 2010, the Free State MEC for the Department of Local Government and Housing briefed the Committee on the progress made in the Mohokare Local Municipality and Xhariep District Municipality. In his political overview, the MEC reminded the Committee that on 14 and 28 May 2008 the Free State Executive Council by Cabinet Minute number and 8.5 and 8.6, approved the interventions in terms of section 139 (1)(b) of the Constitution in Mohokare Local Municipality and Xhariep District Municipality.

2.2 The MEC further informed the Committee that on 5 August 2009 the Free State Executive Council resolved per Cabinet Minute 7.12 to terminate the interventions in both municipalities with effect from 30 June 2009. The gist of the progress report on Xhariep District Municipality focused on one of the 5-Year Local Government Strategic Agenda, which is financial viability and management. In Mohokare Local Municipality, the progress report focused on financial viability and management as well as local economic development.

 . 3. Xhariep District Municipality
 . 3.1  The major financial viability and management progress reported  to  the
  Committee included the following:

  3.1.1   Development of  revised  budget  for  2007/08  and  adjustment
       budget for 2008/09  and  budget  related  policies  as  well  as
       internal control manuals.
  3.1.2   Provision of general financial management and  the  conclusion
       of the compilation of Annual Financial Statements by the end  of
       September 2008.
  3.1.3   The review of financial information  for  populating  the  new
       financial system and addressing Auditor- General audit queries.
  3.1.4   The  addressing  of  all  matters  related  to  allegation  of
       unauthorised, irregular,  fruitless  and  wasteful  expenditure,
       possible fraud, corruption, nepotism and maladministration.
  3.1.5   A Municipal  Manager  was  also  appointed,  and  an  internal
       control manual that outline procedures  for  processing  payment
       was developed.

1. Mohokare Local Municipality

4.1 The financial management and local economic development highlights of the progress made in Mohokare Local Municipality included the following:

  4.1.1   Completion of the  reservoir  and  water  network  project  at
  Smithfield.
  4.1.2   The  Smithfield  Road  Construction  Projects  was  officially
  launched.
  4.1.3   A site for the new library in Smithfield was identified.
  4.1.4   Installation of new water pump at Caledon River and donated by Sasol.
  4.1.5   Funds have been solicitated and the service provider appointed
       for compiling the Implementation Readiness Study for bulk  water
       supply in Mohokare.
  4.1.6   Efficient construction of housing projects was facilitated.
  4.1.7   Facilitation of promulgation of by-laws on keeping of  animals
       and policy on selling of sites.
  4.1.8    Reviewal  of  supply  chain   management   policy   and   the
       introduction of the system of  weekly  programmes,  reports  and
       weekly senior management meetings.
  4.1.9    Public  participation  and   engagements   was   periodically
       undertaken.

1. Committee Observations and Opinion

5.1 The Committee has observed that, although progress has been reported, the newly appointed Municipal Managers will serve to ensure continuity in both municipalities, in order to deal with all municipal matters after the termination of the interventions.

5.2 The Committee is of the opinion that, for the termination of intervention in both municipalities to be efficient and effective, there has to be a committed political and administrative leadership with sound administrative and management processes in place.

5.3 Furthermore, national and provincial government should exercise the power given to them in terms of Sections 154(1) and 155(7) of the Constitution, to regulate and support the executive authority of municipalities to ensure that municipalities perform their functions effectively.

1. Recommendation

6.1 The Select Committee on Co-operative Governance and Traditional Affairs, having considered the request for termination of interventions in Xhariep District Municipality and Mohokare Local Municipality, recommends that the NCOP approves the termination of intervention in both municipalities.

Report to be considered.