Film and Publication Board: briefing

Meeting report

HOME AFFAIRS PORTFOLIO COMMITTEE
13 November 2001
BRIEFING BY FILM and PUBLICATION BOARD

Chairperson: Mr. Mokoena (ANC)

Documents Distributed:
Letter from Chairperson to Deputy Director-General Lambinon re: Non-participation in Committee Visit to Department (See Appendix 1)
Committee Report on Illegal Zimbabwean Farm Workers in Soutpansberg, Northern Province (See Appendix 2)
Department's Proposed Capital Improvements to Home Affairs Facilities

SUMMARY
The Committee presented the Chair's letter to the Deputy Director General Lambinon, The letter expressed the Committee's disapproval of Lambinon not participating in their meetings with Department officials in Pretoria.

The Report on illegal Zimbabwean farm workers in the Northern Province was distributed by the Committee. It detailed the background of the contentious situation between the government and farmers who relied on Zimbabwean labour. The Committee strongly recommended the urgent formation of a task team to address this issue.

Public Works Portfolio Committee discussed the process of allocating funds for the improvement of Home Affairs facilities. The Public Works Committee was responsible for oversight of the Department of Public Works and would facilitate future interactions for Home Affairs projects to be addressed and budgeted for.

The Film and Publication Board briefing followed focusing on progress made last year on funding and staffing. In discussing ongoing problems in implementation of standards, the Board noted a lack of public awareness. Legislative loopholes had to be overcome. The Committee generally complimented the Film and Publication Board's performance, but was critical of the selection process of members, which favoured non-rural individuals due to practical logistical reasons. The Committee insisted that there was rural representation on the Film and Publication Board.

The Committee stated that the deliberation on the Immigration Bill would continue in the new year.

MINUTES
Department's Proposed Capital Improvements
The Chair indicated that projects need to be prioritized by the Department. He asked Mr.Hlengwa, Chairperson of the Portfolio Committee on Public Works, whether such projects are to be included in the Home Affairs budget, or that of Public Works.

Mr. Hlengwa confirmed the supposition of Mr. Chikane (ANC) that such allocations are to be made in the Public Works budget, and suggested that Mr. Mokoena visit his committee early next year to discuss Home Affairs' prioritized requests with representatives of the Public Works Department.

Mr. Grobler (DP) enquired about the supposed expenditure of R4.8M on improvements to a border post, which were not evident during a recent Committee visit to that facility.

Mr. Hlengwa indicated that while his committee's main function is oversight, this and other related issues can also be addressed during Mokoena's discussion with Public Works officials.

Film & Publication Board (FPB)
The Chair introduced Dr. Makaula and her FPB colleague, Jill Westmore, and apologized for the Committee not having yet visited the FPB. Dr Makaula noted that such a visit would be welcome.
She opened the presentation by referring to the FPB's proposed strategic plan for the future, and annual report. She stated that Committee feedback on these documents would be helpful in finalizing them. Progress had been made last year on budget matters, and in staffing with the appointment of new Board members, which had allowed the workload to be more efficiently processed.

Dr Makaula provided further details on funding matters stating that the enactment of the Public Finance Management Act has benefited the FPB by allowing it to keep fees paid by film distributors. This has allowed the FPB to more widely publicize its role and powers, with greater public awareness and participation. It is essential that more be done to ensure that the process of classifying films and publications protects children from disturbing and harmful material, and that this entails more than imposing age restrictions. As the FPB is involved in so many areas, such as determining the number of video shops in operation, and monitoring their registration, the public must assist in ensuring that the standards are adhered to by video shop owners. While progress has been made on funding issues, contemplated legislative amendments which the Department of Home Affairs is drafting, will enable the FPB to self-administer the fines system (and will also address child pornography issues).

Since October the FPB has been functioning with a full complement of 45 members. Makaula observed that this had improved the efficiency of the classification process in terms of managing volume. New members are expected to implement and adhere to FPB guidelines, and oversight by the FPB executives ensures that this occurs.

Discussion
The Chair asked if the system of fines was adequate.

Dr Makaula replied that penalties should be stronger. Amendments being formulated would hopefully address this issue.

The Chair inquired on whether progress had been made in encouraging the SABC's cooperation with considering FPB standards in its programming decisions,

Dr Makaula reiterated that under the relevant legislation "broadcasters" are autonomous and technically exempt from imposition of standards on content. The FPB has to liaise with the SABC and E-tv on a "gentlemen's agreement" basis. As Westmore commented, broadcasters had recently begun to be more consistent in using recommended programme guidance symbols, but Dr Makaula suggested that reconsideration of their exemption might be considered.

Dr Makaula said that video shop owners register only with the FPB, and that they are made aware of the standards from the outset.

An ANC member then asked if FPB members are selected from rural areas, and how the selection process is publicized.

Dr Makaula replied that the FPB offices will move from Cape Town to Johannesburg next year. However since the work of classification panels will continue to occur only in those two cities, and in Durban, it is impractical to have members located in rural areas.

The Chair declared that such an exclusionary practice was clearly unconstitutional, and with other ANC members was adamant that this must be corrected immediately, with "rural representivity" being essential. This could not be achieved by "rural citizen input panels" suggested by Makaula. More consideration should be given to nominees suggested by Committee members. The Chair said the current procedural deficiency was a flaw in the FPB's otherwise positive performance and should be corrected.

Replying to a question from Mr. Waters (DP), Dr Makaula indicated that the FPB had promulgated pornographic magazine display guidelines, and that it continually looks at international models, mechanisms, and measures in the fight against child pornography.

Concerning a later comment by Mr. Skosana (ANC),Dr Makaula confirmed that the FPB is cognizant of African and SADC measures against child pornography, but that it must be kept in mind that, unlike those of neighboring countries, FPB standards are framed in the context of the new Constitution of South Africa.

Mr. Grobler (DP) asked if SAPS is helpful in enforcing the laws which the FPB administers.

Dr Makaula replied that while the response to child pornography issues had been prioritized, the response on other, "lesser" offences is somewhat constrained, with the police attitude seemingly a function of their limited resources.

Mr Grobler decried this attitude, citing lax enforcement of the standards and laws the FPB is attempting to implement as a factor contributing to the societal breakdowns which have led to the alarming recent incidents of child rape and other sexual offences.

The Chair agreed with Grobler, and suggested that the chairpersons of the Justice, Welfare, and Safety and Security be consulted early next year to prioritize more stringent enforcement. He also agreed with Makaula's reiteration, that legislation should be amended to stiffen fines and other penalties for violations.

The Chair then requested that the FPB annual report be summarized for submission as part of the Committee's general report to Parliament, and that copies of the FPB strategic plan be re-submitted to the Committee, agreeing with Grobler's observation that this document had not yet been received.

The Chair stated that next year the Committee would continue with deliberations on the Immigration Bill.

The meeting was adjourned.

Appendix 1
Letter from Chairperson to Deputy Director-General Lambinon re: Non-participation in Committee Visit to Department
12 November 2001

Mr I S Lambinon
Deputy Director-General of Home Affairs

Dear Sir

YOUR ABSENCE DURING THE PARLIAMENTARY OVERSIGHT VISIT

1. I write to record the displeasure of members of the Portfolio Committee on Home Affairs at your absence during our oversight visit to the Head Office of the Department on 6 and 7 November 2001.

2. You were well aware of this visit as it was arranged almost one month ago.

3. It is not necessary for me to remind you, as Deputy Director-General, of protocol and basic principles of accountability.

4. What is an absolute oddity is that you missed this important oversight visit but always attend the meetings of the Portfolio Committee with missionary zeal, albeit uninvited.

5. The conducting of oversight is the Constitutional role of Parliament through the Portfolio Committee in order to, inter alia, ensure accountability. If you absent yourself from an oversight visit such as the one we had on 6 and 7 November in Pretoria, then you render yourself inaccessible to oversight, and escape responsibility and thus frustrate the work of Parliament. I must record that your continued attendance of Portfolio Committee meetings without an invitation from the Chairperson has caused some discomfort. If this situation is left to continue it will result in the oversight role being reversed, ie you will be assuming the role of oversight over the Portfolio Committee instead of the other way round. The crux of the matter is that you are accountable to us and not vice versa.

6. Your attendance of many Portfolio Committee meetings may create problems in respect of Public Accounts who may want to know how your attendance of these meetings are authorized and financed.

7. We had an extremely fruitful session with the Director-General and his management during our oversight visit to the Head Office of the Department in Pretoria. Your absence could have a concomitant effect on the morale of your colleagues and subordinates. Please explain your absence, as we see it in a very serious light and if we do not question your conspicuous absence, it will impact negatively on our credibility as members of Parliament.

Yours faithfully

Aubrey Mokoena
Chairperson: Portfolio Committee on Home Affairs

Appendix 2
Report of the Portfolio Committee on Home Affairs on illegal Zimbabwean farm labour in the Soutpansberg, dated 13 November 2001:

1. A delegation of the Portfolio Committee on Home Affairs undertook an oversight visit to the Soutpansberg agricultural area on Monday 5 November 2001. The delegation under the leadership of Mr A Mokoena (ANC) included Chief K W Morwamoche (ANC), Mr W M Skhosana (ANC), Mr M M Chikane (ANC), Mr G A J Grobler (DP), Prince N E Zulu (IFP) and Mr J F Vermeulen (Committee Secretary).

2. The aim of the visit was to get a better undertanding with the view to offer possible solutions to the problem of illegal Zimbabwean labourers working on farms in the area between the Limpopo river and the Soutpansberg.

3. On Monday 5 November the delegation met with the following members of the Soutpansberg Agricultural Union: Mr Joubert, Mr Klaf, Mr Langley, Mr Meyring, Mr kombrink, Mr Vos and Mr Hoffman. Mr M V Mabunda: Regional Representative of the Department of Home Affairs in the Northern Province chaired the meeting.

4. The delegation had very open and fruitful discussions with the farmers who handed our delegation a memorandum. The main points are as follows:

4.1 The farmers had the impression that there was an implicit agreement between government and the Soutpansberg District Agricultural Union to allow Zimbabwean workers in an controlled way to work on farms in the area. The reason being that because of the demographics of the population in the area there are no South Africans to work on the farms.

4.2 At the end of 1999 a moratorium was placed on the renewal and granting of permits to Zimbabwean labourers and this signalled the start of problems between the farmers and the government.

4.3 The assumption by the Department of Labour that there are enough local people who would like to work on the farms has never been tested and weighed in practice.

4.4 Most attempts by farmers to secure local labour was costly and unsuccessful. Local labour should be attainable, sustainable and farmers must be able to count on them. Until now this has not been the case as especially local women traditionally work their own crops in subsistence farming. The women also find it difficult to be away from home for long periods of time as they must raise their children.

4.5 The Soutpansberg Agricultural Union recorded their willingness to form part of a Committee to investigate real solutions to the problems.

5. The PC on Home Afairs recommends that a Task Team comprising organised agricutture, the Department of Labour, the Department of Home Affairs, the Security Forces, organised labour, the Local Municipalities, District Council and the Provincial Government be set up to find common solutions to the crises of farm labour in the area North of the Soutpansberg and South of Zimbabwe.

6. The Portfolio Committee on Home Affairs will exercise oversight over the entire process.

Report to be considered.

Aubrey Mokoena
Chairperson: Portfolio Committee on Home Affairs