Hansard: Members' Statements

House: National Assembly

Date of Meeting: 07 Nov 2011

Summary

No summary available.


Minutes

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TUESDAY, 8 NOVEMBER 2011

PROCEEDINGS OF THE NATIONAL ASSEMBLY

_________________________________

The House met at 14:02.

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

NOTICES OF MOTION


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START OF DAY

NOTICES OF MOTION

Mr M S F DE FREITAS: Chair, I hereby give notice that on the next sitting day of the House, I intend moving on behalf of the DA:

That the House debates and clarifies the mixed messages between the Minister and the transport entity Sanral, the SA National Roads Agency Limited, on future toll roads throughout South Africa.

Mr A J WILLIAMS


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Mr M S F DE FREITAS

Mr A J WILLIAMS: Chairperson, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the ANC:

That the House debates the impact of ethics and accountability on public service delivery.

Mrs M A PILUSA-MOSOANE


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Mr A J WILLIAMS

Mrs M E PILUSA-MOSOANE: Chairperson, I hereby give notice that on the next sitting day of the House, I intend moving on behalf of the ANC:

That the House debates how to prevent and combat racism and racial discrimination in all their manifestations.

Mrs A STEYN


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Mrs M E PILUSA-MOSOANE

Mrs A STEYN: House Chair, I hereby give notice that on the next sitting day of the House, I intend moving on behalf of the DA:

That the House debates how the policies and programmes of rural development can best be used to create jobs and alleviate poverty.

Ms N GINA

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Mrs A STEYN

Ms N GINA: Chairperson, I hereby give notice that on the next sitting day of the House, I intend moving on behalf of the ANC:

That the House assesses the effectiveness of the Mass Literacy Campaign.

Mr J H VAN DER MERWE


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Ms N GINA

Mr J H VAN DER MERWE: Chairperson, I hereby give notice that on the next sitting day of the House, I intend moving on behalf of the DA:

That the House –

(1) debates the growing crisis of rhino poaching in South Africa; and

(2) comes up with ways to improve our collective response, as Parliament, and as a nation at large, to fighting these ruthless and cruel poaching syndicates, to prevent their heinous acts of cruelty, and to save our national heritage and our rhinos from extinction.

Mrs Z S DLAMINI-DUBAZANA


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Mr J H VAN DER MERWE

Mrs Z S DLAMINI-DUBAZANA: Hon House Chair, I herby give notice that on the next sitting day of the House, I intend moving on behalf of the ANC:

That the House debates the implementation of austerity measures in government departments in order to reduce spending.

Mrs H LAMOELA


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Mrs Z S DLAMINI-DUBAZANA

Mrs H LAMOELA: Chair, I herby give notice that on the next sitting day of the House, I intend moving on behalf of the DA:

That the House debates whether or not the National Narcotics Bureau, which was very successful in tackling drug-related crimes, but which was dismantled in 2004 by then the Police Commissioner Jackie Selebi, should be reinstated.

Mr P B MNGUNI


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Mrs H LAMOELA

Mr P B MNGUNI: Chairperson, I hereby give notice that on the next sitting day of the House, I intend moving on behalf of the Cope:

That the House -

(1) debates the dilapidating state of municipalities in the North West; and

(2) further debates the extent to which their woes have been made worse by political appointees who were seconded by former Minister Sicelo Shiceka.

Ms E MORE

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Mr P B MNGUNI

Ms E MORE: Hon House Chair, I hereby give notice that on the next sitting day of the House, I intend moving on behalf of the DA:

That the House –

(1) debates whether or not funding by government of non-profit organisations, which are rendering statutory social welfare services on behalf of government, is adequate;

(2) further debates the effects that this funding has on service delivery; and

(3) comes up with solutions to improve the situation where applicable.

Mr C N MONI


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Ms E MORE

Mr C M MONI: Chair, I hereby give notice that on the next sitting day of the House, I intend moving on behalf of the ANC:

That the House debates means and ways of dealing with sexual harassment and violence in public schools.

MOTIONS WITHOUT NOTICE: The CHIEF WHIP OF THE MAJORITY PARTY / Mpho/UNH (Checked) / END OF TAKE


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NOTICES OF MOTION: Mr C M MONI

PALESTINE ACCEPTED BY UNITED NATIONS' CULTURAL BODY

(Draft Resolution)

The CHIEF WHIP OF THE MAJORITY PARTY: Hon House Chairperson, I move without notice:

That the House –

(1) notes that on 31 October 2011, full Palestinian membership of the United Nations' cultural body Unesco, that is the United Nations Educational, Scientific and Cultural Organisation, was approved in a landslide vote, with 107 votes in favour of admission, 14 votes against and 52 abstentions;

(2) further notes that Palestine becomes the 195th member state in the group best known for its designation of World Heritage Sites;

(3) congratulates Palestine on its acceptance as a full member of the United Nations Educational, Scientific and Cultural Organisation, Unesco; and

(4) encourages Palestinians to pursue their goal of inclusion as a member of the United Nations.

Agreed to.

Mrs S V KALYAN


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The CHIEF WHIP OF THE MAJORITY PARTY

FIRE KILLS SEVEN PEOPLE IN BONGOLETHU INFORMAL SETTLEMENT IN OUDTSHOORN

(Draft Resolution)

Mrs S V KALYAN: Chair, I move without notice:

That the House –

(1) notes the tragic event that unfolded in Oudtshoorn in the Western Cape on Sunday when a fire broke out in a compound structure in the Bongolethu informal settlement;

(2) further notes the death of seven people, including three children, who were trapped in the compound;

(3) acknowledges that due to the lack of basic services and effective disaster management plans, thousands of South Africans who reside in informal settlements are vulnerable to such accidental, yet tragic, events which cause the death of loved ones; and

(4) extends its condolences to the families of those who lost their lives, and calls upon local authorities to assist communities in preventing such events in future.

Agreed to.

The CHIEF WHIP OF THE MAJORITY PARTY


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Mrs S V KALYAN

MUSLIMS CELEBRATE EID-UL-ADHA

(Draft Resolution)

The CHIEF WHIP OF THE MAJORITY PARTY: Hon House Chairperson, I move without notice:

That the House –

(1) notes that on Sunday, 6 November 2011, Muslims around the world celebrated the festival of sacrifice, Eid-ul-Adha;

(2) further notes that this festival is celebrated annually and involves the slaughter or sacrifice of animals for religious reasons to pay homage to the great sacrifice of Hazrat Ibrahim; and

(3) extends its greetings to the Muslim community throughout the world.

Agreed to.

Mr M A NHANHA


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The CHIEF WHIP OF THE MAJORITY PARTY

MOURNING PERIOD ON PASSING AWAY OF KING MAXHOBAYAKHAWULEZA SANDILE 'AAHH!!! ZANESIZWE' AND THE IMPORTANT ROLE TRADITIONAL LEADERS PLAY

(Draft Resolution)

Mr M A NHANHA: Hon House Chair, I move without notice:

That the House –

(1) notes that 5 November 2011 marked the end of the mourning period of the passing away of King Maxhobayakhawuleza Sandile 'Aahh!!! Zanesizwe' of the Rharhabe Kingdom in the Eastern Cape;

(2) recognises the important role that traditional leaders play in South African society;

(3) congratulates the kingdom on bearing with dignity its deeply felt loss and going through this mourning period; and

(4) wishes the reigning regent Queen Aahh!!! Noloyiso well in her new role as the leader of the Rharhabe Kingdom in the Eastern Cape.

Agreed to.

The CHIEF WHIP OF THE MAJORITY PARTY / JN/TM/ END OF TAKE


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Mr M A NHANHA

MR MICHAEL MAZIBUKO WINS SOWETO MARATHON

(Draft Resolution)

The CHIEF WHIP OF THE MAJORITY PARTY: Hon House Chairperson, I move without notice:

That the House-

(1) notes that Mr Michael Mazibuko won the recent Soweto Marathon in two hours, 19 minutes and four seconds;

(2) further notes that the last South African to win this race did so in 2009; and

(3) congratulates Mr Mazibuko on his victory.

Agreed to.

Mrs S V KALYAN

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The CHIEF WHIP OF THE MAJORITY PARTY

MISS SOUTH AFRICA, BOKANG MONTJANE, PLACED SEVENTH IN MISS WORLD CONTEST IN LONDON

(Draft Resolution)

Mrs S V KALYAN: Chair, I move without notice:

That the House-

(1) notes that Miss South Africa, Bokang Montjane, came seventh overall in the 61st Miss World contest recently held in London;

(2) further notes that this remarkable achievement saw South Africa placed in the top seven out of 113 countries;

(3) acknowledges the platform she has given South Africa and her great performance as a South African ambassador;

(4) extends congratulations to Miss Venezuela, Ivian Sarcos, who was crowned Miss World 2011;

(5) congratulates Bokang Montjane on her achievement; and

(6) calls upon all South Africans to rally behind her and offer her support as she uses her beauty to inspire all South Africans.

Agreed to.

The CHIEF WHIP OF THE MAJORITY PARTY


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Mrs S V KALYAN

WORLD SCIENCE DAY FOR PEACE AND DEVELOPMENT

(Draft Resolution)

The CHIEF WHIP OF THE MAJORITY PARTY: Hon House Chairperson, I move without notice:

That the House-

(1) notes that the World Science Day for Peace and Development is held annually on 10 November to raise awareness of the benefits of science worldwide;

(2) further notes that World Science Day for Peace and Development, established by Unesco in 2001, aims to strengthen public awareness of the role of science for peaceful and sustainable societies; and

(3) believes that the day also offers an opportunity to promote national and international solidarity for a shared science between countries and to engage them in discussions.

Agreed to.

Mrs S V KALYAN


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The CHIEF WHIP OF THE MAJORITY PARTY

HONOURING THE WAR DEAD ON ARMISTICE DAY

(Draft Resolution)

Mrs S V KALYAN: Chairperson, I move without notice:

That the House-

(1) notes that 11 November is known as Armistice Day, or Remembrance Day, to commemorate those who died during World War I;

(2) further notes that this day signifies the official end of the First World War on the 11th hour of the 11th day of the 11th month of 1918;

(3) recognises the importance of "Poppy Day", as it is also known, not only to the nations of the Commonwealth, but also to those who have lost family and friends in armed conflict;

(4) further recognises the significance of the poppy emblem, symbolic not only as indication of the blood that was spilt, but as it was this flower that covered the scarred landscape of war-torn Europe in the aftermath of the war;

(5) acknowledges the immortal honour of South African soldiers who sacrificed their lives in the name of our country; and

(6) honours the memory of all those who selflessly fought and valiantly died in the Great War.

Agreed to.

The CHIEF WHIP OF THE MAJORITY PARTY Robyn/ END OF TAKE


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Mrs S V KALYAN

JUNIOR WORLD JUDO CHAMPIONSHIPS HELD IN CAPE TOWN

(Draft Resolution)

The CHIEF WHIP OF THE MAJORITY PARTY: Hon Chairperson, I move without notice:

That the House -

(1) notes that last week Cape Town hosted the first junior World Judo Championships, in which 73 countries participated, at the Cape Town International Convention Centre;

(2) further notes that this was the 17th junior World Judo Championships, and the first time that the event was held in South Africa or Southern Africa;

(3) acknowledges that the championships represent the highest level of international competition for practitioners of judo; and

(4) further acknowledges that the event was a success.

Agreed to.

Mrs S V KALYAN


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The CHIEF WHIP OF THE MAJORITY PARTY

CONDOLENCES TO FRAIZER FAMILY ON PASSING OF JOE FRAIZER

(Draft Resolution)

Mrs S V KALYAN: Chair, I move without notice:

That the House -

(1) notes with sadness the passing of former heavyweight boxing legend Smokin' Joe Frazier as he went down in the biggest fight of his life: his brief struggle with liver cancer, which was diagnosed in September 2011;

(2) further notes that the ferocious Joe Frazier, an inductee of both the International Boxing Hall of Fame and the World Boxing Hall of Fame, will best be remembered for his renowned rivalry with Mohammed Ali whom he defeated in 1971 in what has widely become known as the Fight of the Century;

(3) acknowledges that Joe Frazier had many fans in South Africa and was an inspiration to many of our citizens; and

(4) extends its condolences to the family of Joe Frazier.

Agreed to.

The HOUSE CHAIRPERSON (Mr C T Frolick): Hon members, please note that the electronic version of the Order Paper is not accessible on the system. However, hard copies of the Order Paper are available and members may obtain these from the Chamber officers.

MEMBERS' STATEMENTS: Mr S G MMUSI (ANC)/ Mpho/UNH (Checked) / END OF TAKE

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MOTION WITHOUT NOTICE: Mrs S V KALYAN

ESTABLISHMENT OF SCHOOL SPORT

(Member's Statement)

Mr S G MMUSI (ANC): House Chair, it gives me pleasure to attest to this House that some of the projected intentions of the Polokwane conference have been meaningfully executed. A case in point is the establishment of school sport, in terms of which two departments, namely the Department of Basic Education and the Department of Sport and Recreation and their respective Ministers, did indeed institute and approve the planning framework and further develop an action plan on 22 June 2011.

On 23 June 2011, the interdepartmental task team met to consolidate the document and agreed on the implementation plan. As we speak today, a plethora or multiplicity of aspects have been covered, which include, amongst other things, the school sports launch by the Minister of Sport and Recreation, Mr Fikile Mbalula, which took place on 5 November 2011 at the Soweto Campus of the University of Johannesburg. Included in the launch, were exhibition games targeting 600 primary school learners in football, netball, rugby, athletics and volleyball, as well as a gymnaestrada display including 1 400 key stakeholders and live volunteers. The ANC supports this move. I thank you, House Chair. [Applause.]

Mrs D KOHLER-BARNARD (DA)


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Mr S G MMUSI (ANC)

INFLATED RENTAL FOR INDEPENDENT COMPLAINTS DIRECTORTE'S NEW HEADQUARTERS

(Member's Statement)

Mrs D KOHLER-BARNARD (DA): House Chair, information submitted to the Portfolio Committee on Police by the Independent Complaints Directorate has revealed the exact value of the inflated rental of the ICD's new headquarters, which is owned by controversial businessman Roux Shabangu. The Department of Public Works recommended that the ICD sign an R880 000 per month lease for a property owned by Roux Shabangu's company, to house its Pretoria headquarters. This is double the cost of the monthly rental for the building initially proposed by the ICD, which would have cost just under R420 000 per month.

Not only is the Shabangu-owned building twice the price of the building chosen by the ICD, but it reportedly does not meet the ICD's requirements. So, the question must be asked: Why is Shabangu getting the lease deal? We are seeing history repeating itself.

In her report on the unlawful SA Police Service's lease deals, Public Protector Thuli Madonsela raised concerns both about the suitability and the exorbitant cost of the buildings leased by the Department of Public Works from Mr Shabangu. It's bizarre that the Department of Public Works, which recently saw its Minister axed because of her involvement in a dodgy lease involving Roux Shabangu, would, for a second time, seek to enter a questionable lease agreement with the self-same individual.

The new Minister of Public Works needs to prove that he is committed to putting clear blue water between his tenure and his predecessors by providing a full explanation for the reasoning behind the latest Shabangu deal. [Applause.]

Mr N J J VAN R KOORNHOF (Cope)


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Mrs D KOHLER-BARNARD (DA)

STATE WAGE BILL TOO HIGH

(Member's Statement)

Mr N J J van R KOORNHOF (Cope): House Chair, the announcement by the FirstRand Limited Group that their chief executive officer Sizwe Nxasana received R38 million in 2011, making him the highest paid bank chief in South Africa, cannot come at a more inappropriate time. Nedbank CEO Mike Brown received a pay increase of 63% in 2010, and Mario Ramos of Absa earned R27,5 million last year.

The state wage bill has increased by 42% of GDP. Our government has become the largest employer in the country. We need to create an environment conducive to successful negotiations with the unions in order to curb the growing state wage bill. The private sector and especially the banking sector, followed by state-owned enterprises and municipal mangers, continue to pay outrageous salaries and bonuses. This cannot be allowed to continue. A downward revision of salaries needs to be negotiated and the private sector needs to play its role. The overall gap between top officials and workers is too high. The overall salary gap between that of the executive and Members of Parliament is too high. It's time for leadership to prove itself by taking a voluntary dip. [Applause.]

Ms N R MABEDLA (ANC)/ ARM / END OF TAKE


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Mr N J J VAN R KOORNHOF (Cope)

CONTINUING IMPRISONMENT OF FOUR OF THE CUBAN FIVE

(Member's Statement)

Ms N R MABEDLA (ANC): Hon House Chair, the ANC notes with great concern the continuing imprisonment of four of the Cuban Five: Gerardo Hernández, Antonio Guerrero Rodríguez, Fernando González Llort and Ramón Labañino Salazar who were arrested in 1998. The four are currently serving long, unstipulated sentences in different prisons across the United States of America.

There is also the issue of the conditional release on 7 October 2011 of René González Sehwerert, the fifth member of the Cuban Five, in that he must not leave the United States of America in the next three years and be confined to Miami where there are anti-Cuban gangs and human traffickers. In addition, there is the lack of fairness during the trial and the overturning of their conviction by the appeals court, only to be overturned in 2005 by a full court, and the denial of their families to enter the US to visit them, a fundamental right of all prisoners in the world – and this must be challenged.

The ANC recognises the call for their release from across the globe and the letter supported by 110 members of parliament of the United Kingdom by the attorney‑general. The ANC calls for the support of all parties in the Parliament of the Republic of South Africa to write a letter of demand for their release from President Obama's government, which will demonstrate their recognition of human rights. I thank you. [Applause.]

Mr P F SMITH (IFP)


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Ms N R MABEDLA (ANC)

RHINO POACHING

(Member's Statement)

Mr P F SMITH (IFP): Chairperson, colleagues, we note with anger and sadness that another two white rhinos were shot dead this weekend on a farm near Hectorspruit, bringing the total for the year to 348. If you think about that, colleagues, that is one rhino poached per day.

We further note that three of the rhino species globally are critically endangered. In fact, the indigenous rhino found in Vietnam has recently been declared extinct. We recognise that our rhinos in this country face a real threat of extinction because of these international forces who are slaughtering them in order to get the horn, which they mistakenly believe has medicinal qualities.

Now, we acknowledge the immense amount of work being done by organisations such as the World Wildlife Fund and various other organisations such as eBlockwatch, but this is not enough. We therefore call on all stakeholders - not only those responsible for conservation, but government and the executive - to urgently convene a "save the rhino summit" so that we call explore ways to improve our collective response as a nation to fighting these ruthless and cruel poaching syndicates. Thank you. [Applause.]

Mr L W GREYLING (ID)


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Mr P F SMITH (IFP)

DEMISE OF SOLAR WATER HEATING INDUSTY

(Member's Statement)

Mr L W GREYLING (ID): Chairperson, the government has made the promotion of a green economy one of the central pillars of its new economic growth path. One of the sectors that is often said to hold out the greatest growth and job-creation potential is that of solar water heating.

The ID therefore finds it tragically ironic that at a time when solar water heater companies should be preparing for a massive upscaling in production, the opposite is proving to be the case. Solardome, the oldest solar water heater manufacturing company in South Africa, will, shockingly, be closing its doors at the end of this month after 42 years of being in business.

I have been reliably informed that two other solar water heater companies are also being forced out of business. This is a sad indictment of the government's industrial policy and the failure to ensure joined-up government in this sector.

The ID calls on the Ministers of Trade and Industry and Economic Development to urgently intervene to provide both short- and long-term solutions to this crisis. Possible solutions include forcing the SABS to grant a six-month extension on their mark of approval for locally produced systems. A 50% differentiation on the rebate for locally manufactured systems can also be introduced.

But, in the long term, certainty needs to be brought to the market and a sustained, massively increased, demand for high-pressure systems needs to be assured. I thank you.

Mrs P A MOCUMI (ANC) ///NPM// GM (ed) / END OF TAKE

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Mr L W GREYLING (ID)

PLANT OILS EXTRACT FACILITY LAUNCHED IN TZANEEN

(Member's Statement)

Mrs P A MOCUMI (ANC): Hon Chairperson, the ANC applauds the Department of Science and Technology and Sasol ChemCity on the launch of a plant oils extract facility in the Nkowankowa District of Tzaneen in Limpopo on Friday, 21 October this year. This is a valuable contribution towards creating sustainable livelihoods in the area.

The Nkowankowa Demonstration Centre will run a R13,9 million development project over the next three years, extracting various fruit and plant oils with a view to establishing their viability in the cosmetics sector. The project has so far seen the selection of, at least, 33 potential entrepreneurs and the direct employment of 13 people. The most important benefit brought by the facility is the incubation of small businesses that use new health, beauty and nutrition products from the facility. I thank you. [Applause.]

Rev K R J MESHOE (ACDP)


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Mrs P A MOCUMI

PANEL OF JURISTS ON ISRAEL CRITICISED

(Member's Statement)

Rev K R J MESHOE (ACDP): Chairperson, in a recent article, Richard Goldstone predicted the outcome of the Russell Tribunal on Palestine that sat in Cape Town this past weekend, by saying, and I quote, "The evidence is going to be one-sided as the members of the jury are critics whose harsh views of Israel are well-known."

The panel of jurists that has been referred to by some as a kangaroo court concluded that Israel is, and I quote, "... in breach of the prohibition of apartheid under international law".

As a black man who was born in apartheid South Africa, I agree with former judge Richard Goldstone, who said, and I quote, "The charge that Israel is an apartheid state is a false and malicious one that precludes rather than promotes peace and harmony."

I sincerely believe that the Russell Tribunal on Palestine dishonours victims of apartheid. I have visited Israel on a few occasions and have not seen the false allegations spread by this London-based organisation. For example, black South Africans were not allowed to vote and have representation in Parliament. The Palestinians living in Israel have the right to vote and have members of Parliament representing them.

By law blacks were not allowed to use amenities reserved for whites only. We could not use their hospitals, schools, universities, beaches, buses, coaches and many other luxuries. The Palestinians share all amenities in Israel.

I urge the Russell Tribunal on Palestine to stop their wild allegations against Israel that are aimed at isolating, demonising and de-legitimising it, and rather acquaint themselves with the true facts. Thank you. [Interjections.]

Mr G HILL-LEWIS (DA)


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Rev K R J MESHOE (ACDP)

Appointment of Mr Michael Hulley as legal advisEr

(Member's Statement)

Mr G HILL-LEWIS (DA): Hon House Chairperson, Mr Michael Hulley's presence in the Presidency directly undermines the President's new-found commitment to transparency and accountability.

Earlier today I wrote to the Law Society of the Northern Provinces to lodge a formal complaint of unprofessional conduct against Mr Michael Hulley, President Jacob Zuma's newly appointed legal adviser, regarding his possession of the infamous spy tapes. While defending President Zuma on charges pertaining to the arms deal, Mr Hulley took possession of tapes of intercepted telephone conversations between Bulelani Ngcuka, then National Director of Public Prosecutions, and Scorpions boss, Leonard McCarthy.

Mr Hulley should never have accepted those tapes. He should never have used them, and he cannot now claim professional privilege to cover himself.

The DA understands that there are two outstanding investigations into Mr Michael Hulley: one for his role in the Aurora Mining debacle, and the other for his possession of stolen property in relation to the secret tapes.

The Law Society must now determine whether Michael Hulley is still fit to serve in its ranks, and the President should immediately withdraw his appointment. [Applause.]

Mr M C MANANA ///tfm/// END OF TAKE


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Mr G HILL-LEWIS

DEVELOPMENT OF R110-BILLION WIND AND HYDROELECTRIC ENERGY PROJECT IN LESOTHO

(Member's Statement)

Mr M C MANANA (ANC): Chair, recently, a South African group, Harrison & White Investments, together with China's Ming Yang Wind Power, ventured into a partnership with Lesotho to develop a R110-billion wind and hydroelectric energy project. It is regarded as the largest renewable energy project in Africa and one of the largest in the world. Such efforts also confirm the government's commitment to diversifying energy sources away from coal to renewable energy.

Lesotho, as the main beneficiary, will gain a lot through the establishment of a wind turbine manufacturing industry, and about 25 000 jobs will be created. About 1 500 engineers and technicians will be employed permanently. Both South Africa and Lesotho will gain manufacturing capacity to produce wind turbine components as early as next year.

It is therefore expected that 6 000 megawatts of wind and 4 000 megawatts of pumped-storage hydroelectricity will be produced. Given its energy hunger, I emphasise that South Africa will gain a lot from this additional supply of clean energy.

In 2007 at Polokwane the ANC committed itself to ensuring that the ANC-led government escalates our national efforts towards the realisation of a greater contribution towards renewable energy sources, including solar and wind power, as part of an ambitious renewable energy target. Once again, Polokwane committed the ANC government to engage in the struggle against poverty and underdevelopment, especially in Africa, guided by the New Partnership for Africa's Development, Nepad, programmes. Without doubt, this project bolsters Nepad in the region, and the ANC applauds this initiative and calls not only on all South Africans but the whole of Africa and the whole world to support it. Thank you very much. [Applause.]

Mr M G ORIANI-AMBROSINI (IFP)


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Mr M C MANANA (ANC)

SELF-IMMOLATION, HUMAN RIGHTS AND SOUTH AFRICA'S FOREIGN POLICY ON CHINA

(Member's Statement)

Mr M G ORIANI-AMBROSINI (IFP): Chairman, we all remember the name of Jan Palach, the young man who, 42 years ago, burned himself alive in the streets of Prague to decry the occupation by Soviet troops. We must remember today Palden Choetso, a young nun who, two days ago, burned herself alive to decry the occupation of Tibet and to bring to the attention of the world the need to exert pressure on China regarding the freedom of Tibet.

I think it is important for us to reflect on this incredible gesture of self-immolation. This is not the first time, but the eleventh act of its kind which has occurred, and is the second involving a nun. It is important that our government becomes the champion of human rights which its people wants it to be, not only in respect of human rights violations in China, but anywhere else in the world. The other week, the chairman of the Justice committee, the hon Landers, very courageously made a strong statement of condemnation of renditions in which the United States government is allegedly involved.

We need to change our attitude towards foreign policy to make the pursuance of a human rights agenda part and parcel of our foreign policy, whether it is in South Africa, whether it is in Africa, whether it is in our relationship with China, whether it is in our relationship with the United States or with any other country in the world. This begins with recognising when wrong has been done and bringing to the attention of this Parliament and of the country

exemplary acts in the fight for freedom such as the self-immolation by Palden Choetso. Thank you. [Time expired.]

Mr P D DEXTER (Cope)


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Mr M G ORIANI-AMBROSINI (IFP)

AFRICA'S POOR RECORD ON HUMAN CAPITAL DEVELOPMENT

(Member's Statement)

Mr P D DEXTER (Cope): Hon Chair, in today's Die Burger, Prof Mouton of the African Doctoral Association decries Africa and Southern Africa's poor record in terms of the reproduction of academically qualified research-capable human capital. The situation in this regard, according to Prof Mouton, is fast deteriorating, with skills flight, a lack of investment in such human capital, and no commitment by governments to change this reality for the better.

The strategy of the current government seems to be to leave this challenge to attend to itself. This impacts negatively on economic growth, on development, on innovation, and on the values and ethical conduct of members of our society. It spells disaster for the future.

Human capital is our most valuable resource. Let us invest in it as a matter of urgency and not pay lip service to this important priority.

Mrs H LINE (ANC) / MS//nvs / END OF TAKE


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Mr P D DEXTER (Cope)

INCREASING HUMAN RESOURCES IN HEALTH CARE

(Member's Statement)

Mrs H LINE (ANC): Chair, having identified health as one of its key priority areas, the ANC continues to work towards reducing inequalities in our health system, and one such way would be by boosting our human resources. We therefore believe that the recent step taken by the University of the Witwatersrand to increase their intake of medical students to address the shortage of human resources in the public health sector is a welcome step.

A shortage of human resources in a key area of delivery, such as health, hampers the effectiveness of the country's public health system. We support the challenge posed by the Health Minister, Mr Aaron Motsoaledi, to the country's faculties of health science to follow the University of Witwatersrand's lead and take on 40 extra students in 2012. Such a move will address the shortage of doctors in the country in the long term.

Equally welcome is Wits University's commitment to recruiting rural students by providing them with support and training. Thus far it has become possible for students to go back to the rural areas where there are huge health care shortages and ensure the provision of proper health care in those areas.

It is important that we produce health care workers who are committed to social engagement and social responsibility and who want to serve their communities. I thank you. [Applause.]

Mr A P VAN DER WESTHUIZEN (DA)


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Mrs H LINE (ANC)

DISCONTINUATION OF ISSUING OF NATIONAL CERTIFICATES

(Member's Statement)

Mr A P VAN DER WESTHUIZEN (DA): House Chairperson, students at our public further education and training colleges will no longer receive printed certificates even though their study programmes are called, ironically, "national certificate programmes".

The Director-General of the Department of Higher Education and Training issued a circular last week announcing that the department would no longer be issuing certificates for certain of the national certificate programmes offered at our public FET colleges. This decision comes after many months of frustration for students, parents and college staff who could not understand why the promised certificates were not received.

The issuing of the certificates were discontinued without any explanation or warning. Some students have been waiting since November 2010 for their certificates. The printing of certificates is a simple administrative matter and bears a relatively small cost. This strengthens the notion that this decision was inspired by organisational inadequacies in the department.

The DA understands the despondency of many students and their parents. The certificate is not only proof of achievement, but is also a document that brings pride and encourages students to strive even harder and higher. We need every reasonable action to encourage our students to excel in their studies, and the receipt of a national certificate is but one example of such encouragement.

We call on the Minister of Higher Education and Training to intervene, to rescind this decision and to start issuing certificates again to those that deserve them. Thank you. [Applause.]

Mr Z C NTULI (ANC)


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Mr A P VAN DER WESTHUIZEN (DA)

NEW TENDER RULES BOOST KEY INDUSTRIES

(Member's Statement)

Mr Z C NTULI (ANC): House Chairperson, new tender rules will boost key industries. Key to the ANC government's agenda is ensuring that state-led industrial policy leads to the transformation of the economy. We therefore take note of the progressive steps taken in this regard, with the announcement of the new preferential procurement regulations, which come into effect on 7 December 2011.

In essence, this will allow companies with broad-based black economic empowerment ownership to score extra points when bidding for government procurement contracts. The goal is to promote black economic empowerment and ensure that the state sources a maximum of supplies and services from local companies, without compromising competitiveness.

The reform extends preferential procurement rules to major public entities, such as Eskom, Transnet, the Development Bank of Southern Africa, the Commission for Conciliation, Mediation and Arbitration, and all their subsidiaries. The new regulations will also apply to all national and provincial government business enterprises, ranging from Khula Enterprises to regional water boards and development zones. Thank you. [Time expired.] [Applause.]

MINITERS' RESPONSES: The DEPUTY MINISTER OF PUBLIC ENTERPRISES / AZM MNGUNI/VM / END OF TAKE


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MEMBERS' STATEMENTS: Mr Z C NTULI (ANC)

STATE WAGE BILL TOO HIGH

DEMISE OF SOLAR WATER HEATING INDUSTY

(Minister's Response)

The MINISTER OF PUBLIC ENTERPRISES: Hon Chair, the issue of executive remuneration continues to receive the urgent attention of our nation, particularly at this moment in our history when we are facing a serious economic slowdown, which means that there needs to be serious restraint on all our parts, both in the public and the private sector in so far as the remuneration of all executives is concerned.

The New Growth Path raised this matter and, when it did so, there was a lot of opposition from various sources. It is important that we should stress that the private sector, especially the banks, must exercise serious restraint in so far as the heinous remuneration amount that they provide to their executives.

In so far as the remuneration of public office bearers is concerned, this is set by a commission chaired by a judge, and I think that it is nonetheless important that these issues continue to be raised. The state-owned enterprises are also in a process of reviewing this, and we hope that at the right time we will be able to make the necessary announcements. Secondly, government recognises the importance of solar water heating and the green economy in driving our industrialisation agenda. It is for that reason that Cabinet approved, a few months ago, a plan to provide the required funding for the completion of the Solar Water Heating Project by 2014. We are committed to ensuring the success of this project through the collaborative efforts of various Ministers, including the Ministers of Trade and Industry, Economic Development, Energy, and Public Enterprises.

Renewable energy is a critical component of our strategy going forward in terms of which we will collaborate with other African countries. We are already well on our way in South Africa towards ensuring that solar and wind farms are established in the near future, thus adding the long-required energy mix into our grid. Thank you very much. [Applause.]

The DEPUTY MINISTER OF TRADE AND INDUSTRY (Mrs T V Tobias-Pokolo)


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The MINISTER OF PUBLIC ENTERPRISES

DEMISE OF SOLAR WATER HEATING INDUSTY

NEW TENDER RULES BOOST KEY INDUSTRIES

(Minister's Response)

The DEPUTY MINISTER OF TRADE AND INDUSTRY (Mrs T V Tobias-Pokolo): Hon Chairperson, may I kindly respond to the statement made by hon member from the ID. If you read the Industrial Policy Action Plan 2, Ipap 2, and juxtapose it with the New Growth Path, you will actually realise that government's intention is to scale up production, and part of what we have enlisted here is the need to diversify and innovate.

Part of what we have done as government and what we are doing now in terms of our foreign direct investment programmes include our calling upon companies that are going to look at localisation as a priority in terms of our development. Therefore, value addition is one of the key strategies of the Department of Trade and Industry to ensure that local companies' benefit is a higher percentage based on their ability to innovate and diversify, and to partner with companies that can bring technology that will see sustainable development in our country.

If there is a company that is experiencing closure in relation to a lack of affordability, it's supposed to approach our department in terms of incentives that we provide. That is point number one. So we will have to look into the challenges that companies are facing so that we can address them, because local content is very important for our government.

Secondly, I want to respond to the statement made by the hon member from the ANC on procurement policies. Indeed, finally, our black economic empowerment, BEE, principles will ensure that there is local beneficiation in terms of local content - and this relates to the statement I have just made. Many people fear the fact that BEE will finally ensure black economic empowerment, not only on paper but in reality. Therefore our government is on course in ensuring that there is local beneficiation. Thanks go to the ANC-led government. I thank you. [Applause.]

The DEPUTY MINISTER OF INTERNATIONAL RELATIONS AND CO-OPERATION


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The DEPUTY MINISTER OF TRADE AND INDUSTRY (Mrs T V Tobias-Pokolo)

PANEL OF JURISTS ON ISRAEL CRITICISED

(Minister's Response)

The DEPUTY MINISTER OF INTERNATIONAL RELATIONS AND CO -OPERATION (Mr M L Fransman): Hon Chairperson, this is in relation to South Africa's foreign policy and, in particular, the issue that the leader of the ACDP raised. If you, in fact, unpack the opinions and the debates that were forthcoming the past couple of days at the tribunal, it is very clear that leadership and opinion makers from different areas, different bodies and different world institutions expressed different opinions. What is, however, important is that we respect the right of people to have those different opinions. That is the first thing.

Secondly, we have seen over the past couple of months some of the reality around the Palestinian cause playing itself out; and indeed so there are definite concerns that we as the South African nation have put on the table. We have seen recently at the United Nations General Assembly more than 130 countries coming out very clearly on the question around the Palestinian society. However, there is the ability of two or three countries in the world that have a veto right. So, that is a problem, and that is the reason why we are talking about the reform of geopolitical institutions. It is also very clear to us that children are being affected, women are being affected, and that we must help advance the cause for the two-state solution.

The matter relating to human rights and our position around human rights activities are also very clear. In fact, the foreign policy appreciates our own realities as South Africa. We come from a nation in which we had to forgive, in which we had to reach out. Therefore all the matters we have to advance include solidarity in the international community, human rights issues and the value systems within our own Constitution.

It is, at times, difficult because you are dealing with different sharp edges in the world, but that is definitely our position that we are taking forward. And many a time the devil lies in the detail in appreciating the depth of that. Therefore we can't agree with the hon member that spoke about human rights abuses in South Africa and not advancing that also in the international community. I thank you. [Applause.]

It is difficult at times, because you are dealing with different sharp edges in the world, but that is definitely the position that we are taking forward. Many a time, the devil lies in the detail to appreciate the depth of that, and therefore we cannot agree with the hon member who spoke about human rights abuses in South Africa and not be advancing it also in the international community. I thank you. [Applause.]

FIRST ORDER OF THE DAY: Mr T A MUFAMADI /Mohau//Mia / END OF TAKE


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MINISTERS' RESPONSES: The DEPUTY MINISTER OF INTERNATIONAL RELATIONS AND CO-OPERATION

CONSIDERATION OF REPORT OF STANDING COMMITTEE ON FINANCE ON

REVISED FISCAL FRAMEWORK

Sesotho:

Mong T A MUFAMADI: Ke a leboga, Modulasetulo.

English:

Hon members, Ministers and Deputy Ministers present here, comrades and distinguished guests, it is now common knowledge that the Revised Fiscal Framework and the Medium-Term Budget Policy Statement under consideration are tabled under an extreme and difficult global economic environment. However, it is an environment within which emerging economies could find new conditions and opportunities to redefine and reposition themselves to lead in the economic recovery path. Most importantly, it is the moment for emerging markets to reshape the role of multilateral institutions in order to focus on the plight of the poor nations and to reduce inequalities amongst nations.

Since 2008 the European economic zone, what is commonly known as the Eurozone, remains a major source of concern, with persistent leadership crises and a failure to mobilise the required resources to capitalise banks and support stable economic restructuring programmes. Furthermore, the deepening sovereign debt of the European economic zone, together with the slow United States economic recovery, will continue to have a negative bearing on our domestic economic outlook for the foreseeable future.

The road ahead of us remains bumpy and unpredictable, and this will require a comprehensive set of additional extraordinary measures with very strong determination by governments, political leaders and all role-players to commit and implement what is required to overcome the present difficulties.

The current persistent economic crisis requires more than just temporary financial packages or stimulus packages. What is now needed is fiscal solutions, as predicted by the European Central Bank in 2010 in its first attempt to bail out Greece, Ireland and Portugal.

The Medium-Term Budget Policy Statement highlights, amongst other things, the following critical areas: continuity of the countercyclical approach in managing our economy, and projected inflation of 5,5% which is well within the current policy range target of 3% to 6%.

On the revenue side, revenue tax collection will grow by 7,1% approximately, which in real terms amounts to 1,5%, and government spending is expected to grow by 2,3%. GDP growth is revised downward to 3,1% owing to the unfavourable international economic climate, and this poses a serious challenge to the targeted number of jobs to be created annually of 5 million by the year 2020.

It is again noted that the Medium-Term Budget Policy Statement commits about R25 billion over the next six years to boosting industrial development, which will assist in new enterprises and accelerate job creation. It is our hope that new and emerging entrepreneurs will take this as an opportunity to create new firms and employ others so that we can deal with the scourge of unemployment in our country. Infrastructure spending at 7,8% of GDP in the current year is estimated to be a huge amount of R802 billion over the next three years. This will require skills development and capacity-building within government departments and especially at local level are prioritised to avoid underspending on capital projects.

The Medium-Term Budget Policy Statement also addresses the challenges of implementing the Department of Health's 10-point plan, which was outlined in the 2010 Budget Review. The first introduction of National Health Insurance, NHI, is captured in this process through the ongoing hospital refurbishment programme, which will lead to the accreditation of hospitals under the NHI system.

Let me also take this opportunity to commend the Minister for his frank approach to budgetary matters, while also being open to the nation as a whole when he said:

We have learnt from the 2008 global economic crisis that sound fiscal and financial institutions do not provide immunity against job losses in our own economy arising from turbulence originating elsewhere in the world; nor are they sufficient to reposition our economy on a new growth trajectory that creates jobs, reduces inequality and improves the quality of life of our people.

In agreeing with this assertion it is important to understand that the priorities and projections set out in this fiscal framework will have to be negotiated carefully within an environment that is not entirely dependent on conditions of our own choosing or making.

The Medium-Term Budget Policy Statement therefore is a reflection of a delicate balance of what we can do or what we can achieve as a nation, on the one hand, and the necessary caution we need to take into consideration given the impact of the international economic situation owing to the European and US economic recovery challenges, on the other hand, as these will indeed have an impact on the South African economy, given the large trade volumes between our country and these countries.

Having considered the 2011 Medium-Term Budget Policy Statement and public submissions, the committees observed the following. The 2011 Budget Policy Statement sets out a fiscal framework that is projected to narrow the gap between government spending and revenue, while providing support to the economy and strengthening infrastructure investment for sustainable long-term growth.

National Treasury also indicates that South Africa's financial institutions are well capitalised and government debt is moderate, as compared to European countries, and that slower economic growth, falling tax revenues and uncertain financial conditions confront many of South Africa's trading partners and other developing nations. Our GDP growth is lower than the 2011 national budget forecast and it is expected to remain moderate, and as such it is expected to be 3,1% for the 2011-12 financial year, and 3,4% for the 2012-13 financial year.

Furthermore, the committee also observed that revenue collection has not yet recovered and the economic outlook remains uncertain. The deficit of 5,5% of GDP is projected for this year and it will moderate at about 3,3% over the Medium-Term Expenditure Framework period. Government debt is projected to stabilise at approximately 40% of GDP by the 2015-16 financial year.

The committee also observed with concern the increase in the state wage bill from 31% to 42% in the past four years. This is a concern for the Committee on Finance since this has resulted in a higher cost of production and low growth in job creation and, to a certain extent, the crowding out of capital expenditure. The current labour survey paints a not-very-encouraging picture wherein government has been the main provider of employment whilst the private sector is lagging behind, and this will have a negative impact with regard to our job creation target. Therefore, there is a need for a firm commitment and tangible plans by the business sector and the private sector in particular with regard to job creation in order to complement and support government's ultimate goal of creating 5 million jobs by 2020. Young people and the less skilled have yet to see economic recovery translate into jobs, which does not address government's priority of the creation of decent work and sustainable livelihoods.

The committee also welcomes the allocation of the R25-billion increase to the economic stimulus package. Given this observation, the committee wishes to report that there is a need for government departments to prioritise the composition of spending to address inefficiencies, extravagance and waste. The committee further supports the Minister of Finance on his drive to get all departments to identify and report on savings initiatives. Also, the need for Parliament cannot be overstated in terms of its oversight role over the executive in order to improve operational and financial excellence in government departments and their entities. The fiscal framework must be aligned above all with the New Growth Path amongst other objectives.

Having considered the Revised Fiscal Framework and public submissions, in accordance with sections 59 and 72 of the Constitution, the Standing Committee on Finance recommends that National Treasury should launch a campaign to educate the nation about the importance of saving and its broad implication both in their lives and the economy in general. More support, including the relaxation and/or reviewing of constraining laws should be given to small business enterprises to create jobs. National Treasury should expedite infrastructure development through partnerships with the private sector. These partnerships will also require the review of public-private partnerships in their current form. National Treasury and Parliament's committees should place greater emphasis on budget performance to achieve the targeted growth rate.

The government wage bill and recurrent expenditure should be closely monitored and controlled, and all stakeholders, particularly the unions and Nedlac, the National Economic Development and Labour Council, should be encouraged to come up with a lasting and sustainable solution to this matter. The committee supports the initiative by National Treasury to reduce the wage bill from 42% to an acceptable ratio in the Medium-Term Expenditure Framework period.

The proposed fiscal framework should take into account the need to shift the creation of economic activities to rural communities as part of the rural development strategy. Furthermore, the National Treasury should advise the Department of Public Works to minimise any escalation clauses in new building contracts and ensure that professional fees are negotiated down to minimum levels. While growth is expected to pick up over the medium term, structural reforms are required to set the economy on a different trajectory that increases labour absorption, raises competitiveness and ensures that the benefits of growth are shared by all.

Also, let me say that the committee supports the Minister of Finance in ensuring that a detailed report be provided for the committee om order to understand the total integration of the intergenerational expenditure framework that will actually have an impact on future generations in the near future.

The committee proposes that this House accept the report on the 2011 Revised Fiscal Framework. Let me also take this opportunity to thank the committee members for their collective commitment and co-operation in ensuring that the committee executed its work within a very short space of time. It is also important for me, on behalf of the committee, to take this opportunity to thank our outgoing Whip, Ntombikayise Sibhidla, for her sterling performance as the Whip of the Standing Committee on Finance and wish her well in her new deployment to the KwaZulu-Natala provincial legislature. [Applause.]

The committee proposes that this House accept the report on the Revised Fiscal Framework, as proposed. Thank you. [Applause.]

There was no debate.

The HOUSE CHAIRPERSON (Mr C T Frolick): Thank you, hon member. Hon members' requests for declarations of votes have been received. I will now invite the parties that wish to make a declaration to do so.

DECLARATION OF VOTE: Dr D T GEORGE


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Mr T A MUFAMADI

Declarations of vote:

Dr D T GEORGE: Chairperson, the Revised Fiscal Framework details a decline in revenue, an increase in the budget deficit and reduced the GDP growth. This means that our macroeconomic circumstances and outlook have deteriorated since February this year. As a relatively small open economy there is no doubt that we are an innocent bystander severely impacted upon in the fallout from the great recession and the current European debt crisis.

We are, however, also experiencing the result of the national government's incoherent economic policy and inability to contain a massive systemic leakage problem within the public financial system.

The Special Investigating Unit estimates that government corruption and negligence are costing R30 billion per annum. This means that if the people's money was properly managed, the deficit would be reduced by one percentage point, along with a reduction in the cost of servicing our national debt.

Although we believe that the Minister of Finance is sincere in his determination to root out this theft of the people's money, the time for talking is over and we need to see some action, especially given that the problem is showing up in the numbers of the fiscal framework.

The DA's alternative budget for 2011-12 adopted an expansion in the fiscal stance aimed at productive spending on the supply side to accelerate economic activity. The government missed this opportunity and increased expenditure on the demand side, especially on the public sector wage bill, in the mistaken ideological view that the state can create jobs.

The government should rather create an enabling environment so that entrepreneurs and small- and medium-size enterprise can flourish, and should rather silence the nonsensical and growth-destroying debates on nationalisation and expropriation without compensation.

We did not support the fiscal framework in February and we will not support the Revised Fiscal Framework now, because the economic policies and spending patterns behind the numbers are not working to reduce poverty and unemployment. Thank you, Chairperson. [Applause.]

Mr N J J VAN R KOORNHOF /NN/GC/END OF TAKE

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Dr D T GEORGE

Mr N J J van R KOORNHOF: Chairperson, the core message from the Minister of Finance in this year's policy statement is that state spending has reached its limit. This point is further emphasised considering our low savings ratio of 16,1% and the government favouring consumption-driven expenditure. We are at our limit.

Our budget consumed 42% of GDP in order to pay for salaries. More than 40% of GDP is allocated towards debt servicing. Unauthorised, irregular, fruitless and wasteful government spending for the 2010-2011 financial year amounted to more than R26 billion. It becomes more evident that we are at our limit.

The level of household debt is at 76% of disposable income. Government is spending 20% of the total budget on social grants and health care. We are not left with much. Added to this doom and gloom is the fact that corruption is running rife. Provincial and local government spend too much on sky-high salaries to the detriment of capital goods investment.

The Minister of Finance has warned his own government and the nation that we are at a tipping point. We need to be very conservative with both spending and our growth figures that have been forecast. The alarming new European crisis, the continual rise in the fuel price which drives up inflation and food security concerns cannot be ignored. The National Treasury was brave with this statement, especially the Minister, and they need all the support they can get now. Whether his government will get the message, only time will tell. It's best to say that Cope will support the Minister and we shall support this framework.

The Chief Whip of the Majority Party moved: That the Report be adopted.

Motion agreed to (Declarations of vote made on behalf of the

Democratic Alliance and Congress of the People).

Report accordingly adopted.

SECOND ORDER: The CHIEF WHIP OF THE MAJORITY PARTY //NPM//GM (ed)/END OF TAKE

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Mr N J J VAN R KOORNHOF

CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON ECONOMIC DEVELOPMENT ON PEFORMANCE OF DEPARTMENT OF ECONOMIC DEVELOPMENT FOR 2010-11 FINANCIAL YEAR

There was no debate.

The Chief Whip of the Majority Party moved: That the Report be adopted.

Motion agreed to.

Report accordingly adopted.

THIRD ORDER: Mrs D G NHLENGETHWA


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SECOND ORDER: The CHIEF WHIP OF THE MAJORITY PARTY

CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS ON PEFORMANCE OF DEPARTMENTS OF CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS FOR FINANCIAL YEAR 2010-11 AND FIRST TWO QUARTERS OF 2011-12

Mrs D G NHLENGETHWA: Chairperson, according to section 5 of the Money Bills Amendment Procedure and Related Matters Act, the National Assembly, through its committees, must annually assess the performance of each national department. The purpose of this report is to provide a reflection of the performance of the department and, further, to report and provide an assessment of the financial performance of the department for the first two quarters of this current financial year. In the final analysis, the report provides for observations and recommendations from the Portfolio Committee on Co-operative Governance and Traditional Affairs.

The total budget allocation for the department is R48 billion in this financial year, which represent a 9,56% increase from the R41 billion in the past financial year.

There are three programmes that take up a larger share of the budget: that is, governance and intergovernmental relations with R34,2 billion, representing a 6,49% real increase from the previous year; the Disaster Response Management programme which was increased substantially to R293 million in this financial year; and, finally, infrastructure and economic development received R12,3 billion.

Over the medium term, expenditure is expected to increase to R57,1 billion, at an average annual rate of 11%. The substantial increase is due to additional allocations for disaster relief of R1,2 billion for the equitable share over the Medium-Term Expenditure Framework period.

The audit committee concluded that the internal audit controls were not effective in the year under review. Further, the audit committee stated that there was ineffectiveness in the internal controls that has worsened by the nonfunctioning of the internal audit unit of risk management within the department.

The Auditor-General's report states that, in terms of governance, the accounting officer did not ensure that the internal audit unit was adequately resourced and functioned in terms of risk identification and corrective actions. There is also irregular expenditure in the amount of R419 million as stated in note 27.2 of the financial statement. Of this amount, R271 million was a contravention of the supply-chain management system according to the Public Finance Management Act and Treasury regulations.

The committee has also noted with concern that R336 000 was paid as interest in legal fees. This amount is recorded as wasteful and fruitless expenditure. This would have been avoided if the department had paid legal fees on time. There would have been no interest incurred.

In terms of procurement and contract management, the Auditor-General revealed that goods and services with a value of between R10 000 and R500 000 were procured without inviting at least three written price quotations from suppliers. That is also a violation of the PFMA.

In total, the underspending amount of R76 million is mainly on the community Public Works programme, which could not finalise all its projects in the year under review.

However, substantial work has been done in so far as fighting corruption is concerned. It is important to recognise that the fight against corruption has been intensified and that several cases were prosecuted, including for the embezzlement of municipal funds. Thirty eight municipalities around the country are being investigated by the Special Investigating Unit for fraud and corruption. The North West tops the list, with all 25 municipalities being investigated, followed by six in the Eastern Cape, five in Mpumalanga, and two in Gauteng.

Despite all this, service delivery is not stagnant. According to recent statistics from the department, progress on national access to basic services is as follows: water 93%, sanitation 70%, electricity 82% and refuse removal 69%. The committee observed that some progress has also been made in the implementation of Local Government Turnaround Strategy. However, the impact on service delivery around this strategy is not evident at the local level. Therefore, the committee recommends that the department should further capacitate municipalities on how to implement the Local Government Turnaround Strategy to improve service delivery.

In response to the President's call on fighting crime and corruption, the committee observed that the department had established an anti-corruption inspectorate, which is busy with investigations in the provinces and municipalities that I mentioned earlier. The committee observed that 119 programmes and projects of the department targeted and budgeted for for this financial year ... [Time expired.] [Applause.]

There was no debate.

The Chief Whip of the Majority Party moved: That the Report be adopted.

Motion agreed to.

Report accordingly adopted.

FOURTH ORDER: Ms L N MOSS / GG//GM (ed) / END OF TAKE


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THIRD ORDER: Mrs D G NHLENGETHWA

CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON ARTS AND CULTURE ON PERFORMANCE OF DEPARTMENT OF ARTS AND CULTURE FOR 2010-11 FINANCIAL YEAR

Ms L N MOSS: Chairperson, the department has the strategy that speaks to the programmes and the mandate of the department. The mandate is through Arts and Culture and heritage to contribute to economic growth, job creation, skills development, rural development, nation-building and social cohesion. They have six programmes.

On the issue of finance, the department received an unqualified audit report. The audit report also highlighted key issues of concern such as irregular expenses, and of unauthorised, fruitless and wasteful expenditure.

The Auditor-General's report also highlighted the public entities that need serious interventions in terms of the procurement processes and supply-chain management. The committee discussed the annual report and observed that the Department of Arts and Culture is not doing enough in terms of its responsibility for the promotion of nation-building and social cohesion. We, as the committee, also observed that the department also seemed not to monitor the public entities that they are responsible for. Further, the committee observed that the department had timeframe attachments to its programmes.

On the issue of the recommendations, the department should address their capacity and financial constraints as matters of urgency in order to fast-track service delivery. The department should also put in place monitoring evaluation mechanisms to ensure that the entities that they are responsible for comply with the Public Finance Management Act, further regulations and other relevant legislation. The Department of Arts and Culture must look towards its organisational structure to make a true analysis of its staffing needs.

The department should revisit its funding of the different programmes and make a thorough analysis in order to compare this against measurable objectives. The Department of Arts and Culture and the committee should interact more closely on the supply-chain management of the department. The department should give more details and reasons for future annual reports. The department should attach realistic timeframes for its programmes.

Lastly, the Minister of Arts and Culture, the Deputy Minister and his director-general made a commitment towards the next budget review report for 2011-12. Thank you very much, Minister, for that. Finally, I want to thank the committee and all the political parties that made contributions and for their constructive participation in the budget review processes. Thank you very much. [Applause.]

There was no debate.

The Chief Whip of the Majority Party moved: That the Report be adopted.

Motion agreed to.

Report accordingly adopted.

FIFTH TO EIGHTH ORDERS: Mr N T GODI


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FOURTH ORDER: Ms L N MOSS

CONSIDERATION OF ELEVENTH REPORT OF STANDING COMMITTEE ON PUBLIC ACCOUNTS ON UNAUTHORISED EXPENDITURE OF DEPARTMENT OF CORRECTIONAL SERVICES IN RELATION TO 2008-09 FINANCIAL YEAR

CONSIDERATION OF NINTH REPORT OF COMMITTEE ON PUBLIC ACCOUNTS ON UNAUTHORISED EXPENDITURE OF DEPARTMENT OF DEFENCE AND MILITARY VETERANS, DATED 24 AUGUST 2011

CONSIDERATION OF TWELTH REPORT OF COMMITTEE ON PUBLIC ACCOUNTS ON ANNUAL REPORT AND FINANCIAL STATEMENT OF DEPARTMENT OF SOCIAL DEVELOPMENT, AND REPORT OF AUDITOR-GENERAL ON FINANCIAL STATEMENT OF THE DEPARTMENT OF SOCIAL DEVELOPMENT FOR 2009-10 FINANCIAL YEAR, DATED 24 AUGUST 2011

CONSIDERATION OF THIRTEENTH REPORT OF COMMITTEE ON PUBLIC ACCOUNTS ON ANNUAL REPORT AND FINANCIAL STATEMENT OF SOUTH AFRICAN SOCIAL SECURITY AGENCY, AND REPORT OF AUDITOR-GENERAL ON FINANCIAL STATEMENT OF SOUTH AFRICAN SOCIAL SECURITY AGENCY FOR 2009-10 FINANCIAL YEAR, DATED 24 AUGUST 2011

Mr N T GODI: House Chairperson, comrades and hon members, the reports that we are presenting are in two forms. The first two are about unauthorised expenditure, and the other two are about the hearings that we have had.

Regarding the Department of Defence and Military Veterans, there are four items that constituted the unauthorised expenditure that the department incurred in previous financial years. The first one is on the military museum where an amount of about R15,1 million was incurred. Since the Defence Act of 2002 was enacted, which provides that the military museum be the function of the department, the committee that this R15 million should be approved by Parliament as a direct charge against the national revenue fund.

There is also an amount of R40,2 million which is an overspend owing to the peace-support operations that the department had to undertake. As a committee, we feel that Parliament should approve this, and also as a direct charge against the national revenue fund. The remaining two, which are the hiring of photocopiers in the amount R5,4 million and the repair of furniture in the amount of R17 000, the committee recommends should be approved but should be funded from savings from the department.

The second one is the Department of Correctional Services which has total unauthorised expenditure of R483,8 million which was incurred in the 2008-09 financial year. This was because the department had to implement the public service co-ordinating bargaining council resolution which was that employees should be compensated for overtime in monetary terms, and thus the department incurred an overexpenditure of R1,2 billion for overtime. After the additional money that they got from National Treasury, they were left with unauthorised expenditure of R483 million. The committee recommends that this amount should be approved, but that the department should use savings to fund this unauthorised expenditure. Fortunately, we already have a letter from National Treasury and the department indicating that they will be able to make savings in this financial year that should cater for this unauthorised expenditure.

The second category is that of hearings of the Department of Social Development and the SA Social Security Agency, Sassa. We had a hearing with the department and the entity on 14 June 2011. We must indicate, however, that in so far as the department is concerned, the department had an unqualified audit, but because of the accountability relationship between the department and Sassa, it was decided that the audit opinion of Sassa had a direct bearing on the audit opinion of the department. So, all the findings that we are talking about of the department, in large measure actually arose out of the findings on the entity itself. We recommend that co-operate governance, and particularly the accountability relationship between the department and Sassa, needs to be addressed urgently.

In the meantime, the department needs to ensure that its in-year monitoring of Sassa's management of funds is beefed up so that it does not have a hands-off approach, and, yet at the end of the financial year, the outcomes of the audit opinion of Sassa impact directly on the department. On the agency itself regarding the issue around supporting documents for social grant beneficiaries, the expenditure of more than R10,5 billion could not be verified because we do not have all the documentation in place.

The agency moved to a new accounting system, the accrual-based accounting system, without training its staff and that is why it received a disclaimer from the Auditor-General. Beneficiaries were paid without all the supporting documents, and there were numerous numerical errors in the financial report of the agency.

We recommend, amongst other things, that controls over the safeguarding of source documentation are put in place, because if the Auditor-General cannot find the source documents, it becomes difficult to confirm whether, indeed, people who were receiving child grants deserved them.

If you go to their offices - in terms of how the processes are conceptualised - they are perfect, but the implementation is where the problem lies. And this is more a management and monitoring control challenge. The internal controls as far as finance are concerned need to be developed and implemented effectively, and there is the need for training of Sassa staff on the accrual-based accounting system.

These are the reports that we are presenting, and I want to thank my colleagues in the committee with whom we have worked so hard and collegially in dealing with all matters that are brought before us. I also want to thank our researchers and the committee secretaries who ensure that the committee sustains the reputation that it has for seeking accountability of public funds. Thank you.

There was no debate.

The HOUSE CHAIRPERSON (Mr M B Skosana): Thank you, hon member. Hon members' requests for declarations of vote have been received. I will now three minutes for a member of every party wishing to make a declaration.

Mr P J C PRETORIUS / LM/END OF TAKE


UNREVISED HANSARD

NATIONAL ASSEMBLY

Tuesday, 8 November 2011 Take: 154


Mr N T GODI

Declarations of vote:

Mr P J C PRETORIUS: Chairperson, two of these reports deal with unauthorised expenditure in the Department of Correctional Services in respect of the 2008-09 financial year. A total of R483 million was classified as unauthorised by the Auditor-General. This related mainly to overexpenditure owing to the implementation of overtime payment to officials. Scopa felt strongly that this unauthorised expenditure should not be condoned, but that the shortfall should be funded through savings in the department's own budget.

In the Department of Defence and Military Veterans, some R60 million has been classified as unauthorised expenditure. Also, R40 million was overspent in the 2003-04 financial year on military peace-support operations owing to the deployment of the SANDF in peace-support initiatives in Africa, for which provision could not be made in the financial year as the deployment took place after the adjustment estimates process. Scopa fully understands the technical reason for this unauthorised expenditure and hence recommends that the amount be approved as a direct charge against the National Revenue Fund.

The Department of Social Development received a qualified audit for its 2009-10 financial statements. The Auditor-General found, inter alia, grant expenditure of more than R10 billion could not be verified as a result of limitations that were placed by the SA Social Security Agency, which acts as an agent for the department. In addition, large numbers of Sassa files were incomplete. Sassa's records also did not permit the application of alternative audit procedures regarding social assistance grant expenditure. What essentially happened was that Sassa caused the department to receive a qualification.

The Auditor-General rightly pointed to this dual accountability relationship, and Scopa agrees that these muddled lines of responsibility should be cleared. Sassa itself received the worst possible audit opinion, namely a disclaimer. The Auditor-General could not satisfy itself as to the existence, completeness, valuation and allocation to the value of R178 million of payables stated at R879 million, owing to limitations placed on the scope of its work, as sufficient and appropriate evidence was not made available for audit purposes.

The Auditor-General also pointed to numerous instances in which the agency's records were unavailable, incomplete or unreliable – clearly, a bad state of affairs. Scopa recently visited numerous Sassa paypoints and regional centres throughout the country and followed that up with discussions with Sassa's management and the Department of Social Development. We were encouraged by the commitment and resolve shown by Sassa's management under the leadership of its new head, Ms Virginia Petersen, to turn things around, and we trust they will succeed.

However, critical to any future success is the elimination of the uncertainty about the dual accountability relationship between Sassa and the department. The DA supports the full reports. Thank you, Sir.

The HOUSE CHAIRPERSON (Mr M B Skosana): Thank you, hon member. Hon members, please lower your voices during your conversations. Your voices are too loud.

Mr N SINGH


UNREVISED HANSARD

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Tuesday, 8 November 2011 Take: 154


Mr P J C PRETORIUS

Mr N SINGH: Chairperson, hon Comrade Roy Ainslie will have to wait another three minutes for his moment of glory.

I rise to support all the reports, on behalf of Scopa, that have been presented by our very competent chairperson. However, I would just like to make a point - and I'm glad the Deputy Minister of Public Service and Administration is here - that one of the reports that we considered was from the Department of Correctional Services, in which we found that they had spent a huge amount of R1,2 billion on overtime in 2008 and 2009.

Whilst we understand that sometimes negotiating salary increments and other terms and conditions of employment take a long time, the inordinate delay in sorting out the five-day working week and the seven-day working week, which led to overtime, caused this department to have to find R483 million from its own budget.

And, although we had representatives – the chairperson of the Correctional Services committee and the Director-General of Correctional Services - make an impassioned plea that we condone this, we felt as a committee that the department needed to plan carefully in future so that they did not take Scopa for granted: in that we would automatically approve a direct charge against the National Revenue Fund.

Our appeal is that even the Department for the Public Service and Administration, in conducting negotiations for increases, should do so, possibly, on a three-year cycle so that there is certainty within the budgets about how much would be set aside for increments.

The other issue that we dealt concerned the Department of Defence and Military Veterans. Here, again, they felt that we would automatically approve an amount of R5,4 million as a direct charge. One of the problems that they had here was that they did not comply with the Treasury Regulations in acquiring certain photocopying machines. We felt that this was something that they should have done. Therefore, the money had to be funded from the budget of the department.

Lastly, I request members of the executive, those that are here and even those that are not here, that when Scopa concludes its report - whatever report we place before this House for approval – that the executive authority of that particular department submit a progress report on all the recommendations made by Scopa within 60 days after the adoption of the report by the House.

I would take it that these reports would be adopted by the House today, and within 60 days members of the executive would have to report on remedial action taken on the recommendations made. We trust that the Office of the Speaker has satisfactory tracking systems to ensure that within the 60 days those reports come back to the Office of the Speaker.

We, in Scopa, are also beginning to put a tracking system in place to ensure that we get the responses. Otherwise, it would be absolutely useless for us to come here, make recommendations for the House to adopt the report, and then not have the executive do nothing about it. Thank you very much, Chairperson. We support the reports. [Applause.]

Mr A R AINSLIE


UNREVISED HANSARD

NATIONAL ASSEMBLY

Tuesday, 8 November 2011 Take: 154


Mr N SINGH

Mr A R AINSLIE: Chairperson, hon members, the provision of social grants, as administered by the SA Social Security Agency, is the government's most effective programme to address income poverty in the country. The Medium-Term Budget Policy Statement, tabled in the National Assembly by the Minister of Finance earlier this month, reports that about 15,2 million South Africans rely on social welfare grants. This represents about 20% of the budget.

This income assistance to the poor, the aged, the young and the disabled, who, otherwise, would not be able to meet the basic daily needs of survival, is probably the most extensive social safety net in the developing world and shows our commitment as a country to the principle of ubuntu. Of course, it goes without saying that as the economy grows and employment rises, dependence on social welfare must be reduced. Until then, the monthly pensions, the childcare grants, etc, are essential for daily survival.

Empirical research conducted by the University of the Western Cape and by the economic policy research unit confirms a number of socioeconomic benefits of the grant system, including that they are an effective redistribution mechanism in a country with the highest income inequality in the world. I also confirm that cash transfers in the form of pensions and grants in South Africa, support consumption and improve the welfare of the recipients and their broader households.

Given the importance of these grants, therefore, and the huge slice of the budget that they consume, it is absolutely essential that they are administered in a way that prevents abuse and administered under strict financial control. The social security system needs to become efficient in providing better services. In this regard, Sassa has experienced challenges in the past, some of which have been indicated by previous speakers. One of these challenges is the fact that the Auditor-General gave Sassa a disclaimer, not only in this financial year, but also in previous financial years. This is an indication of serious financial mismanagement in Sassa.

There are, however, signs that the new management team, headed by the recently appointed chief executive officer and under the leadership of the Minister and the Deputy Minister of the Department of Social Development, are turning the situation around. A clean audit opinion will require, as a minimum, focus on the following basic elements contained in the Scopa resolutions, which have been tabled. Chairperson, the ANC supports the resolution and the other three resolutions. Thank you. [Time expired.] [Applause.]

The Chief Whip of the Majority Party moved: That the Reports be adopted.

Motion agreed to (Declarations of vote made on behalf of the Democratic Alliance, Inkatha Freedom Party and African National Congress).

Eleventh Report of Standing Committee on Public Accounts on Unauthorised Expenditure of Department of Correctional Services in relation to 2008-09 financial year accordingly adopted.

Ninth Report of Committee on Public Accounts on Unauthorised Expenditure of Department of Defence and Military Veterans, dated 24 August 2011 accordingly adopted.

Twelfth Report of Committee on Public Accounts on Annual Report and Financial Statement of Department of Social Development, and Report of Auditor-General on Financial Statement of the Department of Social Development for 2009-10 financial year, dated 24 August 2011 accordingly adopted.

Thirteenth Report of Committee on Public Accounts on Annual Report and Financial Statement of South African Social Security Agency, and Report of Auditor-General on Financial Statement of South African Social Security Agency for 2009-10 financial year, dated 24 August 2011 accordingly adopted.

NINTH & TENTH ORDERS: Mrs D M RAMODIBE / C.I//A N N(ed) / END OF TAKE


UNREVISED HANSARD

NATIONAL ASSEMBLY

Tuesday, 8 November 2011 Take: 155


FIFTH TO EIGHTH ORDERS: Mr N T GODI

CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON WOMEN, CHILDREN,

YOUTH AND PEOPLE WITH DISABILITIES ON OVERSIGHT VISIT TO ROSENDAAL

HIGH SCHOOL, DELFT POLICE STATION AND DELFT COMMUNITY HEALTH

CARE CENTRE, WESTERN CAPE

CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON WOMEN, CHILDREN,

YOUTH AND PEOPLE WITH DISABILITIES ON OVERSIGHT VISIT TO KWAZULU-

NATAL AND EASTERN CAPE FROM 24 – 29 JULY 2011

Mrs D M RAMODIBE: House Chair, the committee visited the Rosendaal High school in the Western Cape. The challenges that faced the high school were as follows: a shortage of professional personnel, such as social workers, psychologists and school nurses; a lack of research on the role of the boy-child towards teenage pregnancy; a high rate of terminations of pregnancy, which was often performed without sufficient counselling and left learners traumatised; a lack of parental involvement in the activities of the school; and struggling to keep learners on the school premises until the end of school hours. Some educators within the district did not implement the policies of the provincial department, such as reporting learners who were pregnant.

The challenges faced by the police station were as follows: no rehabilitation facilities in the area; limited recreational facilities; lack of youth development organisations; poor socioeconomic conditions that prevail in the area, such as poverty and a high rate of unemployment; lack of role models in the area; and lack of safety at schools. There was also the prevalence of gangsterism in the area.

The challenges that faced the health care centre included a shortage of school nurses to educate learners on teenage pregnancy; some school governing bodies that did not allow programmes on teenage pregnancy, making it difficult for the health care centre to educate learners; poor socioeconomic conditions, such as poverty and unemployment which contributed to the infant mortality rate in the area; and a high rate of terminations of pregnancy and lack of family planning programmes which would assist to reduce the termination of pregnancies.

Regarding the recommendations, the Departments of Basic Education, Health and Social Development should work together to address challenges faced by the schools and the community; the Department of Basic Education should ensure that the sexual harassment and teenage pregnancy policies were implemented; the Department of Basic Education should ensure that parents and communities are involved in the activities of the school; and awareness campaigns on teenage pregnancies and substance abuse should be regularly held by the Department of Basic Education. However, the committee noted the working together of these stakeholders. I thank them for that. [Applause.]

Shall I proceed to the next report?

The HOUSE CHAIRPERSON (Mr M B Skhosana): Yes, proceed.

Mrs D M RAMODIBE: I now come to the oversight visits by the Women, Children and Persons with Disabilities committee to KwaZulu-Natal and the Eastern Cape. In KwaZulu-Natal the committee undertook visits and engaged with the following organisations and government entities, namely Child Line SA, Deaf SA, the Association for the Physically Disabled, and the Disability Forum, and Justice and Women. The Pietermaritzburg mayor's chamber created a meeting with the mothers of disabled children in Mooi River in Pietermaritzburg. After engaging with the above-mentioned organisations, the following challenges that were highlighted included incidents of child abuse; poor implementation of laws and policies; a lack of training of policemen; ineffective co-ordination; and challenges in terms of funding and human resource constraints.

In terms of the visit to the Pietermaritzburg mayor's chamber where the committee was supposed to meet with the provincial and the National Youth Development Agencies advisory centre, we met, however, with the mayoral committee. The meeting was dominated throughout by the mayor's office, and the National Youth Development Agency officials provided no information on what was done in the city or province by the agency.

The recommendations yielded from the oversight visit to KwaZulu-Natal were collated with that of the Eastern Cape. In the Eastern Cape the committee undertook visits to the Taylor Bequest Hospital, the Maluti Police Station, the Thuthuzela Care Centre and three special schools in Bizana, as well as engaging with the National Youth Development Agency and provincial board members of the Eastern Cape. In terms of engagement with the NYDA, the committee observed that there were no activities or programmes in the provinces visited that would suggest that the NYDA was fulfilling the aforementioned objectives.

Three special schools were visited by the committee in Bizana, namely the Nompumelelo, Vukanzenzele and Zamokuhle schools. Two of the schools were located on one premise with a hostel for children with intellectual and physical disabilities, and the third school was for children who were blind or visually impaired.

Having engaged with all these, the committee made the following recommendations: the Department of Basic Education should be made aware of the issues noted in each province and what the relevance was in relation to its stated mandate and strategic objectives; the Department of Social development needs to train more social workers especially in the rural areas; there should be stringent monitoring and evaluation of social workers' caseloads; there should be improved case management; and investigations into allegations of abuse and death noted by service providers and community members.

In terms of the Department of Basic Education, the following were some of the concerns: the negative implications of the moratorium on educator posts in the Eastern Cape; the poor living conditions of learners with disabilities in hostels in terms of overcrowding; a lack of multidisciplinary professionals; a lack of basic infrastructure and basic services; a lack of teacher support; a lack of schools for children with profound disabilities; ineffective implementation of White Paper Six on inclusive education.

In terms of the Department of Health, we noted the following: high maternal death and infant mortality rates; and high numbers of teenage pregnancies which pointed to a need for improved sexual reproductive health care and family planning programmes. We also noted in terms of the Department of Police that there was a lack of vehicles for transporting victims of abuse and domestic violence. The attitude of the police also was noted as a concern. In terms of Co-operative Governance and Traditional Affairs, the department should be made aware that there was a lack of collaboration with the Department of Basic Education.

In conclusion, having met with the relevant stakeholders and main organisations, the committee concluded that there was a need to share the report with the affected departments. I thank you. [Time expired.] [Applause.]

There was no debate.

The Chief Whip of the Majority Party moved: That the Reports be

adopted.

Motion agreed to.

Report on Women, Children, Youth and People with Disabilities on

Oversight Visit to Rosendaal High School, Delft Police Station and

Delft Community Health Care Centre, Western Cape,accordingly

adopted.

Report on Women, Children, Youth and People with Disabilities on

Oversight Visit to KwaZulu-Natal and Eastern Cape from 24 – 29

July 2011accordingly adopted.

ELEVENTH ORDER: Mr L T LANDERS / SPB/GC/END OF TAKE

UNREVISED HANSARD

NATIONAL ASSEMBLY

Tuesday, 8 November 2011 Take: 156


NINTH & TENTH ORDERS: Mrs D M RAMODIBE

CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT ON REPORTS OF THE MAGISTRATES COMMISSION, DATED 29 JUNE 2011, ON PROGRESS MADE IN RESPECT OF INQUIRIES AGAINST MAGISTRATES WHO HAVE BEEN SUSPENDED FROM OFFICE, DATED 7 SEPTEMBER 2011

Mr L T LANDERS: Hon Chairperson, section 9 of our Constitution says that everyone is equal before the law. This means that the rule of law applies as equally to our monarchies as it does to their subjects, to the President as it does to the lowliest of our civil servants, to our judges as it does to our magistrates.

When magistrates fall foul of the law, the provision of the Magistrates Act determines that if the Magistrates' Commission recommends that a magistrate be removed from office on account of incapacity to carry out his or her duties of office efficiently, the Minister must suspend that magistrate from office, or, if that magistrate has already been suspended, to confirm such suspension.

A report in which such suspension and the reason therefore are made known must be tabled in Parliament within the required time period. Parliament must then pass a resolution as to whether or not the restoration to his or her office of the suspended magistrate is recommended. After the resolution has been passed by Parliament, the Minister shall restore the magistrate concerned to his or her office, or remove him or her from office, as the case may be. Once the Magistrates' Commission has recommended that a magistrate be removed from office on the grounds of misconduct, the Minister must suspend that magistrate from office.

In terms of the Magistrates Act, the remuneration of a magistrate is not affected during his or her suspension, unless the commission determines otherwise. Recently, however, the Minister of Justice and Constitutional Development broke with state policy by ending the practice of continuing to paying magistrates convicted of serious offences. [Applause.] The Justice portfolio committee applauds this stance taken by the hon Minister.

The six magistrates who are the subject of the report before this House have committed serious offences, ranging from theft and fraud, sexual harassment, contravention of the Domestic Violence Act by assaulting a spouse with a blunt axe, the abuse of judicial power by summonsing a fellow magistrate to appear before him, being intoxicated whilst on official duty, and attempted murder.

I ask the hon members to refer to the report in the Announcements, Tablings and Committee reports. The report before this House, therefore, reaffirms our commitment to the rule of law. The report also confirms our zero-tolerance approach to crime and our commitment to ensuring that our courts are rid of those persons who are not fit to preside in them. Accordingly, we recommend that the report be adopted by this House. Thank you. [Applause.]

There was no debate.

The Chief Whip of the Majority Party moved: That the Report be adopted.

Motion agreed to.

Report accordingly adopted.

TWELFTH ORDER - The CHIEF WHIP OF THE MAJORITY PARTY / AZM MNGUNI/VM/END OF TAKE


UNREVISED HANSARD

NATIONAL ASSEMBLY

Tuesday, 8 November 2011 Take: 157


ELEVENTH ORDER: Mr L T LANDERS

CONSIDERATION OF ANNUAL REPORT OF JOINT STANDING COMMITTEE ON INTELLIGENCE FOR FINANCIAL YEAR ENDING 31 MARCH 2010

There was no debate.

The CHIEF WHIP OF THE MAJORITY PARTY: Hon House Chairperson, I move that the Report be adopted, and also request that we heed the advice of the hon Van der Merwe that speakers should possibly be warned 15 seconds before their time expires so that they can round up their speeches properly.

The HOUSE CHAIRPERSON (Mr M B Skosana): Hon member, I hear your first point that the Report be adopted. Are there any objections to the Report being adopted?

HON MEMBERS: No!

The HOUSE CHAIRPERSON (Mr M B Skosana): No objections, but I think everybody objects to your last point. [Laughter.]

The CHIEF WHIP OF THE MAJORITY PARTY: It is Mr Van der Merwe's point. I support him.

The HOUSE CHAIRPERSON (Mr M B Skosana): A love-hate relationship.

Motion agreed to.

Report accordingly adopted.

The House adjourned at 15:53.

GG//GM (ed) / END OF TAKE


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