Hansard: Debate on Human Rights Day: Joining hands to promote unity in diversity and Human Rights for all ; Debate on International Women's Day: Empower Rural Women - End Hunger and Poverty

House: National Assembly

Date of Meeting: 12 Mar 2012

Summary

No summary available.


Minutes

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START OF DAY

TUESDAY, 13 MARCH 2012

PROCEEDINGS OF THE NATIONAL ASSEMBLY _______________

The House met at 14:03.

House Chairperson Mr C T Frolick took the Chair and requested members to observe a moment of silence for prayers or meditation.

NOTICES OF MOTION


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NOTICES OF MOTION

Mr P VAN DALEN: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:

That this House debates the announcement by the Minister of Agriculture, Forestry and Fisheries that the Fisheries branch be relocated to Pretoria and the effect this will have on the functioning of the branch.

Mrs C DUDLEY


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Mr P VAN DALEN

Mrs C DUDLEY: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ACDP:

That the House debates the need for a review of South Africa's tobacco tax policy to deter smoking and cut future health care costs.

Mr G J SELAU


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Mrs C DUDLEY

Mr G J SELAU: 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 weaknesses and strengths of our system to deliver basic services and what should be done to improve these.

Mr K P SITHOLE


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Mr G J SELAU

Mr K P SITHOLE: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:

That this House debates the current disclaimer status received by the Department of Public Works from the Auditor-General and the factors that contributed to such disclaimer status, which includes nonpayment of monies owed to the department by various government departments, including Labour and Defence and Military Veterans.

Mr E J MARAIS


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Mr K P SITHOLE

Mr E J MARAIS: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:

That the House-

(1) debates public-private partnerships to develop the Saldanha Bay harbour; and

(2) comes up with solutions to enhance economic growth and job creation.

Mr D A KGANARE


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Mr E J MARAIS

Mr D A KGANARE: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of Cope:

That the House debates the possibility of the Minister of Monitoring and Evaluation proposing the appointment of a Commission of Inquiry into the National Youth Development Agency to investigate possible corruption and nepotism within this institution, so that recommendations arising from this can be implemented.

Mr G R MORGAN


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Mr D A KGANARE

Mr G R MORGAN: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:

That the House-

(1) debates the state of South Africa's rivers and dams; and

(2) comes up with recommendations to improve the situation.

MOTIONS WITHOUT NOTICE


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NOTICES OF MOTION

The HOUSE CHAIRPERSON (Mr C T Frolick): Hon Chief Whip, before you start, may I ask the members to settle down, please. You are taking too long to take up your seats. Thank you.

MOTIONS WITHOUT NOTICE - The Chief Whip of the Majority Party


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The HOUSE CHAIRPERSON (Mr C T Frolick)

MOTION OF CONDOLENCE

(The late Donald Payne)

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

That the House-

(1) notes that US Congressman Donald Payne, a great champion of Africa and the anti-apartheid movement, passed away on 6 March 2012 in New Jersey in the United States after a lengthy battle with colon cancer;

(2) further notes that he served for almost 25 years in the US Congress and has been at the forefront of efforts to restore democracy and human rights in nations across the globe, from Sudan to Northern Ireland;

(3) recalls that Donald Payne cofounded the Congressional Black Caucus, which was instrumental in creating global awareness of the heinous apartheid system in South Africa;

(4) further recalls that, through his determination, American businesses began to disinvest from South Africa and the US Congress later passed the Comprehensive Anti-Apartheid Act;

(5) further recalls that he mobilised the diaspora, the sixth region of the African Union, for participation in the ANC centenary celebration; and

(6) extends its condolences to his family and friends and the Congressional Black Caucus.

Agreed to.

The CHIEF WHIP OF THE OPPOSITION


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The CHIEF WHIP OF THE MAJORITY PARTY

35TH ANNUAL CAPE ARGUS PICK 'n PAY CYCLE RACE

(Draft Resolution)

The CHIEF WHIP OF THE OPPOSITION: Hon chair, I move without notice:

That the House-

(1) notes the successful completion of the 35th annual Cape Argus Pick 'n Pay Cycle Tour on Sunday, 11 March 2012;

(2) further notes that the prestigious event is the world's biggest cycle race and is contested over a 110km scenic route through breathtaking coastal and mountainous terrain, suburbs and winelands;

(3) acknowledges the efforts of South Africans Reinhardt Janse van Rensburg of Team MTN–Qhubeka and Ashleigh Moolman of Team Imperial Toyota, who won the men's and women's categories respectively;

(4) further acknowledges that the Minister of Sport and Recreation, Fikile Mbalula, Western Cape Premier, Helen Zille, and Cope president, Mosiuoa Lekota, participated in the race;

(5) congratulates the winners, organisers and participants for yet again making the 2012 event a memorable experience; and

(6) wishes those affected by crashes a speedy recovery.

Agreed to.

The CHIEF WHIP OF THE MAJORITY PARTY


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The CHIEF WHIP OF THE OPPOSITION

WORLD POETRY DAY CELEBRATED BY UNESCO YEARLY ON 21 MARCH

(Draft Resolution)

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

That the House-

(1) notes that every year, on 21 March, United Nations Educational, Scientific and Cultural Organisation, Unesco, celebrates World Poetry Day;

(2) further notes that the main objective of this action is to support linguistic diversity through poetic expression and to offer endangered languages the opportunity to be heard within their communities;

(3) believes that this day is meant to support poetry, return to the oral tradition of poetry recitals, promote the teaching of poetry, restore a dialogue between poetry and the other arts such as theatre, dance, music, painting, and so on;

(4) further believes that poetry contributes to creative diversity by focusing on our use of words and our modes of perception and understanding of the world; and

(5) encourages all to take an active part in celebrating World Poetry Day, at both local and national level.

Agreed to.

Mrs S V KALYAN


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The CHIEF WHIP OF THE MAJORITY PARTY

CAPE TOWN INTERNATIONAL AIRPORT NAMED THE BEST IN AFRICA

(Draft Resolution)

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

That the House-

(1) notes that Cape Town International Airport has been named the best airport in Africa by the Airports Council International and received the Best Improved Airport in Africa Award in the Airport Service Quality, ASQ, global awards;

(2) further notes that Cape Town International is currently ranked 35th out of 150 in the world and is also ranked high in the areas of parking facilities and its value for money, availability of trolleys and the cleanliness of washrooms;

(3) acknowledges ASQ as an independent organisation that benchmarks the global airport service industry;

(4) further acknowledges that this year over 190 surveys were conducted in over 50 countries; and

(5) congratulates the Airports Company of South Africa, as these accolades are testament to the continued commitment and hard work from airport staff.

Agreed to.

The CHIEF WHIP OF THE MAJORITY PARTY


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Mrs S V KALYAN

UNITED NATIONS WORLD WATER DAY CELEBRATION

(Draft Resolution)

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

That the House-

(1) notes that the United Nations World Water Day is held on 22 March each year;

(2) further notes that this day was first formally proposed in Agenda 21 of the 1992 United Nations Conference on Environment and Development in Rio de Janeiro, Brazil;

(3) acknowledges that the United Nations agreed to proclaim the years 2005 to 2015 the International Decade for Action, the "Water for Life" decade with the theme for 2012 being "Water and Food Security: The world is thirsty because we are hungry"; and

(4) further acknowledges that four of every 10 people in the world do not have access to even a simple pit latrine and nearly two in 10 have no source of safe drinking water; and

(5) encourages all to take an active part in highlighting the magnitude of the problem but also to bring all stakeholders together to apply solutions that work.

Agreed to.

The CHIEF WHIP OF THE MAJORITY PARTY


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The CHIEF WHIP OF THE MAJORITY PARTY

INTERNATIONAL DAY FOR ELIMINATION OF RACIAL DISCRIMINATION

(Draft Resolution)

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

That the House-

(1) notes that the International Day for the Elimination of Racial Discrimination is observed annually on 21 March;

(2) further notes that on that day in 1960, police opened fire and killed 69 people at a peaceful demonstration in Sharpeville, South Africa, against the apartheid pass laws;

(3) acknowledges the proclamation of the day in 1966, when the General Assembly of the United Nations called on the international community to redouble its efforts to eliminate all forms of racial discrimination; and

(4) believes that the International Day for the Elimination of Racial Discrimination reminds us of our collective responsibility for promoting and protecting the ideal that all human beings are born free and equal in dignity and rights.

Agreed to

The CHIEF WHIP OF THE MAJORITY PARTY


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The CHIEF WHIP OF THE MAJORITY PARTY

MOTION OF CONDOLENCE

(The late Chief E T Xolo)

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

That the House–

(1) notes with great sadness the death of former ANC Member of Parliament, Chief Everson Thobigunya Xolo, on Friday, 2 March 2012, in Port Shepstone, KwaZulu-Natal;

(2) further notes that Chief Xolo, who was born on 2 December 1946, died after a brief illness at the age of 65;

(3) remembers that Chief Xolo was a member of the National Assembly in the Third Parliament, from 2004 until 2009, serving on various committees, including Correctional Services;

(4) further remembers that Chief Xolo was a committed member of the ANC and a founding member of the Congress of Traditional Leaders of South Africa, Contralesa, serving as its Deputy Provincial Chairperson, then its National Treasurer and National Director of Projects in Contralesa;

(5) recalls that he was a pacifist and a benevolent leader;

(6) further recalls that Chief Xolo will be remembered for his tireless work in bringing peace and stability in Port Shepstone during the political violence in the early 1980s and 1990s;

(7) acknowledges his steadfastness, his continued preaching of peace and his promotion of tolerance in the face of turmoil, especially when his house was burnt down and an attempt was made on his life;

(8) further acknowledges his commitment and courage in fighting those who sought to create no-go areas and his continued promotion of free political activity;

(9) appreciates his contribution to furthering our democracy and working for peace; and

(10) extends its heartfelt condolences to Chief Xolo's wife, six children, friends, colleagues and members of the ANC.

Mr J SELFE


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The CHIEF WHIP OF THE MAJORITY PARTY

Mr J SELFE: Chairperson, the DA associates itself with the motion of condolence for the late Inkosi Xolo. He served on the Portfolio Committee on Correctional Services as a Member of Parliament between 2004 and 2009. He was a very diligent member of the committee who attended every committee meeting without fail, went on every oversight visit and read every submission.

Those of you who remember him will know that he had a very loud and authoritative voice and a very penetrating stare, as befitted his rank and status. The combination of both of those was enough to unsettle anybody who came to the committee in any way underprepared.

He also took his duties as a wise statesperson very seriously. I remember once we went to the juvenile section of Durban-Westville Correctional Centre and he was given the responsibility of speaking to the juveniles on behalf of the committee. He spoke isiZulu, which one of my colleagues kindly translated for my benefit, and he delivered a tongue-lashing of note to the young offenders. He told those young people that they were a disgrace to their families and their communities. He told them that they needed to make use of the opportunities for rehabilitation that the prison provided and he told them in no uncertain terms that he never, ever wanted to see them back in prison if he ever visited there again. All this was delivered in that very loud, characteristic voice of his and he commanded the attention of each one of those inmates and, I might add, the members of the committee as well.

On another occasion, we were travelling through to Kokstad C-Max Prison and, on the way there, passed through Port Shepstone. He took great delight in pointing out every aspect of the area that was both his home, his constituency and his traditional responsibility. He cared very deeply about the people whom he felt were his responsibility both as a Member of Parliament and as a traditional leader.

As we all know, that part of KwaZulu-Natal was the scene of great violence and bloodshed in the transition to democracy. The care he felt for his people compelled him to take responsibility for trying to bring peace to that area and, thanks to his efforts and hard work and those of other peace-loving South Africans, political violence and political intolerance abated in that area.

I was very privileged to have known him. Sitting next to him on a flight between Port Elizabeth and Durban, he taught me a little bit about the duties and responsibilities of a traditional leader. As with all people who pass away, I am left with regret that I did not spend more time listening and learning from him.

The Correctional Services Portfolio Committee had two huge personalities serving on it with very similar surnames. It was Bishop Tolo and Inkosi Xolo. Both have passed on and we are poorer for their loss. The DA would like to extend our deepest condolences to his wife and children, to his community and to the ANC. May he rest in peace. [Applause.]

Mrs M A A NJOBE


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Mr J SELFE

Mrs M A A NJOBE: Chairperson, hon members, whenever this House debates a resolution on the passing of one of the people who had the distinction of serving this House, the search begins for the contribution of that individual to the country. Even so, it is also a moment for us to contemplate our own mortality and the legacy that we will leave behind for others to remember us by, to cherish our memories of the departed and to continue with the work that we had begun.

Chief Thobigunya Everson Xolo is now no more. All he could have done, is done. Reflecting on his life and the political issues that he was passionate about, we recall his unwavering commitment to free political activity and the need to deeply root our constitutional democracy in the soil of our country.

Chief Thobigunya Everson Xolo was a democrat in practice as in articulation. Democracy in our country, as in most countries, is paid for in the blood of its martyrs and nurtured through the sacrifices of its adherents and promoters. Talk of democracy is easy, but manifesting democracy in practice is difficult. Democracy goes hand in glove with the continued preaching of peace and the promotion of tolerance, not only in the face of turmoil but even in the exercise of power. Such a proponent of democracy was Chief Thobigunya Everson Xolo.

Governments can come and go, and politicians can rise and fade. However, in the end it is what we do for our people, for their security and their freedom that is of lasting value. Today is a good time to retrospect and ask ourselves whether the promotion of mutuality, tolerance and democracy was the function of the generation that is now passing, with no commitment on our part to take the baton and race ahead. The best way we can remember Chief Thobigunya Everson Xolo is to take up where he left off and add further dimension to his good work.

Hon Dennis Bloem, the then Chairperson of the Committee on Correctional Services, who worked closely with Chief Thobigunya Everson Xolo, remembers how passionately he used to speak about parents playing the role of parents in serving as worthy role models and instilling discipline in their children. This was such a cardinal article of faith with him.

For Chief Thobigunya Everson Xolo, values meant everything. He was a traditional custodian of values and he therefore understood how important it is for the preservation of society to inculcate and preserve values.

Cope wishes to say to his wife, his six children, his friends and colleagues in the ANC that they should strive to live by the values that Chief Thobigunya Everson Xolo espoused. Those values are immutable and for all times. Cope also takes this opportunity to extend its condolences to the family and all those who were close to Chief Thobigunya Everson Xolo.

IsiXhosa:

Lala ngoxolo qhawe lamaqhawe, olwakho ugqatso ulufezile, eyakho indima uyigqibile. Enkosi. [Kwaqhwatywa.]

Mr V B NDLOVU


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Mrs M A A NJOBE

IsiZulu:

Mnu V B NDLOVU: Sihlalo neNdlu ehloniphekile, sifisa ukukhalela le Ndlu nokukhalela umndeni wakwaXolo ngokushiywa yiNkosi uXolo, ekwenze konke ngoxolo yaze yathembeka yahamba kahle ngoxolo. Inkosi yesizwe ephathe isizwe saseZingolweni ngoxolo, yafunda ukuba yinkosi endaweni yakwaNongoma eBhekuzulu College, yakwazi ukuphatha kahle abantu, yamela uhulumeni waKwaZulu omdala iqhamuka eZingolweni -neNkosi uMachi osewadlula emhlabeni. Yaqokwa ukuba nguNgqongqoshe weZokuphatha koHulumeni waseKhaya nezemiGwaqo phansi kukahulumeni osuwaphela owawuholwa yiNkosi yakwaButhelezi.

Ukwakhiwa koxolo endaweni yaKwaXolo ngayo yonke indlela ayeyenza ngayo ngemuva kokuba eseshiselwe nomuzi wakhe. Iqhaza alibamba njengelungu leqembu le-IFP ngaphambilini, walibamba futhi uma elapha eNdlini ekomidinilokuHlunyeleliswa kweziMilo libe likhulu futhi lingelinganiswe. Ilale ngoxolo inkosi yesizwe, akwehlanga lungehlanga, mndeni wakwaXolo. Enhlanganweni yakhe, uKhongolose, sithi labo abangamahlongandlebe sengathi bangafunda kahle ukuphatha ngoxolo [Uhleko.] bakwazi ukuba noxolo njengeNkosi uXolo.

Inkosi yayiphethe ngokuthula imamatheka ngaso sonke isikhathi kodwa ekushoyo ikusho kucace bha! INkosi iphile, iNkosi ithathile, sithi abakwaXolo balale ngenxeba, sekwehlile okungehlanga. Siyabonga. [Ihlombe.]

Mr S N SWART


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Mr V B NDLOVU

English:

Mr S N SWART: Chairperson, the ACDP learnt with great sadness of the passing at the age of 65 of former ANC Member of Parliament, Nkosi Xolo, on Friday, 2 March 2012, following a brief illness.

As has been mentioned, he was an MP from 2004 until 2009, as well as a founding member of Contralesa. He served on the executive of this body in a number of capacities.

South Africa's peaceful transition to democracy can be attributed to many great leaders who took a stand against political violence, often at great personal cost. He was such a leader, a Christian who worked tirelessly towards bringing peace and stability to Port Shepstone during the political turbulence of the 1980s. I understand that there was an assassination attempt on his life and that he survived eight bullets.

During that time, in the face of that great personal danger and even when his house was razed to the ground, forcing him to seek exile in Durban, he continued to preach peace and promote tolerance. Today, we honour him for his uncompromising stand on the promotion of peace and reconciliation.

The ACDP prays that our Heavenly Father will comfort his wife, his family, his friends and colleagues in the ANC. May they take comfort in this knowledge: "Blessed are the peacemakers, for they shall be called sons of God."

IsiXhosa:

Hamba kahle. Siyabonga. [Kwaqhwatywa.]

Mr I S MFUNDISI


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Mr S N SWART

Mr I S MFUNDISI: Chairperson, hon members, the UCDP joins the ANC and other parties in expressing our sorrow for the dearly departed Inkosi Xolo. That he could leave the tribe and accept to stand as a candidate for his party shows that the chief was prepared to live for and serve the greater majority of South Africans.

As a progressive traditional leader, Inkosi Xolo lived up to his name. He was a pacifist and went on to serve in the Congress of Traditional Leaders of South Africa, where he occupied elective positions at provincial and national levels. It is notable that he endeavoured to bring about peace in KwaZulu-Natal when brother rose against brother and son fought against father. That his house was gutted in the strife in those days says to us that he was at the coalface of the struggle.

As a sexagenarian, Inkosi Xolo had seen it all. He has gone through the hardships of this world. We hope that his efforts to bring about peace will not be spurned by those left behind. The UCDP extends its heartfelt condolences to Chief Xolo's wife, children, family, friends and all who knew him as well as members of his political home, the ANC.

IsiXhosa:

Wanga angalala ngoxolo. [Kwaqhwatywa.]

Mr R B BHOOLA


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Mr I S MFUNDISI

English

Mr R B BHOOLA: Chairperson, there is no doubt whatsoever that great leaders hail from KwaZulu-Natal. [Laughter.] The MF expresses heartfelt condolences to the family and friends of the late Chief Everson Xolo. There is no doubt in my mind that for the wonderful person he was, with an astounding personality and a remarkable spirit of humility, the late Chief Xolo will indeed be sadly missed.

Our condolences also go out to the ANC for the loss of a true citizen of humanity, whose honour came from fighting for benefits for his people with peace, dignity and integrity. He was an impeccable leader who was always prepared to fight, forgive and forget. Indeed I am reminded of a prophetic saying, one that Chief Xolo always practiced, that we must never lose hope in humanity. Humanity is an ocean and if a few dirty drops fell in the ocean it would not make the entire ocean dirty.

Chief Xolo was an architect of peace in the spirit of togetherness and brotherhood. From God we have come and unto God we shall go. May his soul rest in peace in the high heavens.

The MINISTER OF STATE SECURITY


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Mr R B BHOOLA

The MINISTER OF STATE SECURITY: Chairperson, colleagues, Inkosi Everson Thobigunya Xolo was born on 2 December 1946 at Izingolweni KwaXolo in KwaZulu-Natal. He was the son of Inkosi Delihlazo and uMama weSizwe Gasta Khumalo. He had six brothers and two sisters. He passed away on 2 March 2012 and was laid to rest on Saturday, 11 March 2012. He is survived by his wife, two sons and three daughters.

IsiZulu:

INkosi Xolo yafunda e-Elim naseNtunjambili, yafihlwa e-Greytown ngaphansi kukaMfundisi Gwamanda. Yaqhubeka yafunda esikoleni samaKhosi eBhekuzulu College kwaNongoma yaqeda khona umatikuletsheni. Ngonyaka we-1968 yenza i-Diploma in Administration and Law. Yasebenza ngaphansi kukahulumeni waKwaZulu lapho yaphathiswa khona uMnyango wezemiGwaqo nemiSebenzi yoMphakathi njengoNgqongqoshe.

Yashiya ukuba yiLunga lesiShayamthetho KwaZulu ngonyaka we-1978 yabuyela ekhaya KwaXolo yaqhubeka nomsebenzi wayo wobukhosi. INkosi Xolo ibe yisibani endaweni yasoGwini. Ibizikhandla ilwela intuthuko yabantu besizwe sayo. Ngemizamo yakhe kunezikole, imitholampilo, imigwaqo, amasonto, amanzi nogesi esizweni sakwaXolo; la intuthuko siyibona ngamehlo.

Inkosi Thobigunya Xolo isebenze kakhulu igqugquzela abantu namakhosi ukuba bajoyine uKhongolose kanye nenhlangano yamaKhosi i-Contralesa. Njengamanye amakhosi ayephumela obala ngomzabalazo ngaleso sikhathi, esingabala kuwo Inkosi uMhlabanzima Maphumulo, Inkosi uXolo nayo yahlukumezeka. Mhla zingama-30 kuZibandlela 1993 Inkosi yahlaselwa yadutshulwa. Isimo saba sibi kakhulu; kwembulwa kwembeswa, kodwa ngomusa kaNkulunkulu Inkosi yalulama. Yaphoqeleka ukushiya esizweni ngenxa yodlame.

English:

Inkosi Xolo assisted in the building of Contralesa structures during the most difficult of times, when many people were opposing it due to its association with the organisation of the people, the ANC. He was one of the pioneers of Contralesa after the death of its president, Inkosi Mhlabunzima Maphumulo in KwaZulu-Natal, KZN, where he was the long-standing deputy chairperson of Contralesa. Inkosi Xolo was elected to the national executive committee of Contralesa and succeeded Mrs Stella Sigcau as the organisation's national director of projects. His responsibility was to promote the involvement of traditional leaders in the development of their people. Later he was elected national treasurer of the Contralesa. The Xolo family thanks all the political parties and the leadership of Contralesa, particularly Inkosi Holomisa and Inkosi Nkonyane, who attended the funeral last Saturday.

In 2004 the ANC deployed Inkosi Xolo to serve the people of South Africa as a Member of Parliament in Cape Town. This was in recognition of his role in the struggle for the liberation and emancipation of the people of South Africa. He served as a member of the Portfolio Committee on Correctional Services in Parliament until 2009. Thereafter he again returned to work as a traditional leader of KwaXolo.

On 13 February 2010 he voluntarily retired because of ill health. As we all know, he suffered from diabetes. He handed over power to his eldest son, uMalusi Xolo, who unfortunately passed on in March last year. Once more, Nkosi Xolo appointed his second son, uMxolisi, to lead the KwaXolo tribe.

Nkosi Xolo was a staunch member of the Lutheran Church of South Africa. In his tribe, he donated sites and encouraged different congregations to build their places of worship there. He was an active member in his church and served as chairperson of the Durban district's youth wing, uDodana. Even here in Parliament he never missed the worship sessions.

Inkosi Xolo obtained the following achievements: He was chief prefect at Bhekuzulu College; in 1997 he received an award for his role in people organisation and nation building; in 2002 he received an Attestation of Pilgrimage; he was acknowledged for his role in the development of legislation and the management of traditional leaders; and in 2006 he was awarded the title of Ambassador of Peace.

The ANC, the Xolo family and the whole nation has lost a true leader. As others have said, Inkosi Xolo ...

IsiZulu:

UbeyiNkosi yoxolo nentuthuko yabantu bonke.

English:

He was a traditional leader who stood for peace and the development of our people. He was a staunch Christian who ensured that every meeting he attended was opened and closed with prayer. He was a progressive leader who understood how and when to hand over power. He never fought for a position of power, but he was a servant of the people who was ready to be deployed and redeployed. As a Parliament of the people, we are saying ...

isiXhosa:

Llala kahle Dunywa kaNontshuntsha, Ntamonde, Msuthu, Mthusi, Xolo kaDakhile. Ngiyabonga. [Applause.]

Debate concluded.

Motion agreed to, all members standing.

MEMBERS STATEMENTS


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MOTION OF CONDOLENCE

THE QUALITY OF EDUCATION IN RURAL SCHOOLS

(Member's Statement)

Mrs N T NOVEMBER (ANC): Chairperson, with the ANC's resolve to improve the quality of education and eliminating disparities, the Department of Rural Development and Land Reform recently donated MacBooks and other ICT equipment to the Gaopotlake High School in Mokgalwaneng in Rustenburg in the North West as part of a project to bring the best available technology and practical skills to schools in rural communities.

This project assists with the integration of technology into classrooms, as well as assisting with curriculum delivery. Moreover, through this project learners develop creative and critical-thinking skills essential for effective and meaningful participation in their daily lives, as well as sensitising learners who are getting ready for tertiary institutions with career choices.

The project is not only going to benefit Gaopotlake High School learners only but neighbouring schools also stand to benefit from the donation because they will have access to the equipment. In addition, there are 14 high schools sponsored by the department in Gauteng, Limpopo, Mpumalanga and the Western Cape.

Thus, the ANC welcomes this project and believes that it will contribute meaningfully in improving the quality of learning and teaching in all schools and will also raise the level of education and skills and the literacy rate, especially in rural communities. The ANC believes this project should be commended and emulated.

Mr J R B LORIMER (DA)


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Tuesday, 13 March 2012 Take: 194


Ms M C MABUZA (ANC)

ESKOM'S FAILURE TO APPEAR BEFORE PARLIAMENT

(Member's Statement)

Mr J R B LORIMER (DA): Chairperson, South Africa is facing an energy-supply crisis. Meanwhile Eskom has now failed three times to appear before Parliament to account to this House on how it is dealing with this crisis. Eskom must account to this House on how it will effectively manage electricity supply and demand.

International best practice is to allow for a 14% emergency reserve supply margin. Eskom's current reserve margin is in danger of breaching the minimum limit. It is worrying that Eskom requires electricity consumption to be reduced by a further 10% and at the same time Eskom has agreements in place with major industrial and mining electricity consumers to reduce consumption with compensation. We need to know what the monetary implications of these agreements are.

The power plants are not operating at full capacity and severe ageing and a skill shortage runs rampant throughout all Eskom's structures. The ageing distributing network is nearing the end of its lifespan. In addition, we are experiencing delays with construction at Medupi, which is further undermining our long-run energy security. All these factors contribute to an energy crisis that will cripple the country. Eskom must appear before this House. It must be transparent and it must account to the people of South Africa.

Mr L S NGONYAMA


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Mr J R B LORIMER (DA)

DECLINE IN THE NUMBER OF SUCCESSFUL SMALL BUSINESSES

(Member's Statement)

Mr L S NGONYAMA (COPE): Chairperson, Cope is concerned about studies that point to a significant decline in the number of successful small businesses in the country - a sector which, according to the Minister of Finance, employs 68% of South African workers. These are businesses that employ fewer than 50 people. This makes the small business sector clearly the most important originator of jobs in South Africa.

If we take that as a structural reality of our economy, we need to be very concerned about some of the worrying trends that have emerged in recent times. We also have to determine what the root causes of these trends are and how we can reverse them.

Studies reveal that between 2001 and 2011 there was a consistent number of small businesses - about 2 million - although there was a relevant stagnation in this sector. It was only during the economic boom of 2004 to 2006 that the number of small businesses increased slightly to about 2,4 million. However, since 2006 there has been a sharp decline, by 18,2%. This means that approximately 100 000 small businesses have closed their doors each year, bringing the total number of small business closures over the past five years to 440 000.

If you assume that the typical small business employs 12 people in addition to the owner-manager of the business, it means that the revival of this sector could potentially create 5,3 million jobs.

Cope believes that one of the root causes of this worrying trend is a lack of entrepreneurial skill, which needs to be a key priority in our human development strategy. Cope calls for the Minister... [Time expired.]

Mr S R TSEBE (ANC)


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Mr L S NGONYAMA

ANC'S COMMITMENT TO IMPROVE POPULATIONS'S HEALTH STATUS

(Member's Statement)

Ms S R TSEBE (ANC): Chairperson, in line with the ANC's commitment to improve the health status of the population and achieve the health-related Millennium Development Goals, interventions are being made to address the challenges of TB and to improve the cure rate from 64% in 2007 to 85% by 2014.

The North West department of health has embarked on a campaign to visit households across the province to treat people living with TB. This programme has proved to be the most effective method of intensifying community education on TB, improving treatment adherence of all diagnosed patients, soliciting treatment support for all patients by their immediate family members and improving TB outcomes.

During the campaign people who are infected are immediately put on treatment. The DOH support workers provide service in clinics within their communities, using 28 dedicated vehicles provided by the department to visit TB patients in their homes to ensure they complete their prescribed treatment

As a result of this campaign, the department has since recorded a drop in the number of people refusing to take treatment from 10,8% in 2009 to 8,6% in 2011. The ANC is pleased with this initiative and believes that if other provinces followed the example of North West, a TB cure rate of 85% by 2014 is achievable.

Mr M G ORIANI-AMBROSINI(IFP)


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Ms S TSEBE

HOUT BAY WORLD HERITAGE SITE
(Member's Statement)

Mr M G ORIANI-AMBROSINI (IFP): Mr Chairman, making mistakes is part and parcel of the burden of governance. An ANC government, IFP government and DA government are all bound to make mistakes. Good governance is not about not making mistakes but rather about recognising mistakes made, then backtracking and correcting them as soon as possible.

The DA government has made a mistake in the way it handled the construction of luxury office space in the World Heritage Site at Chapman's Peak Drive in Hout Bay. It made a further mistake by not listening to the unanimous voice of its own constituency in Hout Bay and the surrounding areas, who oppose the project.

This Parliament and the Minister of Water and Environmental Affairs have also neglected their respective duties to ensure that national legislation and the World Heritage Site conventions be respected. The approval for the construction was given without following the parliamentary procedures set out in national law. The International World Heritage Site Convention has been breached.

Parliament has thus far not fulfilled its oversight role and the Minister has neglected her responsibility of intervening to determine how it became possible that the national parks authority gave its permission for the construction without following the prescripts of the law.

We call on both the national ANC government and the provincial DA government to correct the respective errors and rise to the challenge of protecting this unique national asset for generations to come. [Interjections.]

Adv A de W ALBERTS


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Mr M G ORIANI-AMBROSINI

INCREASE IN FARM MURDERS

(Member's Statement)

Adv A de W ALBERTS (FF Plus): Chair ...

Afrikaans

Die VF Plus neem met kommer kennis van die drastiese toename in die aantal plaasaanvalle en -moorde sedert die begin van die jaar. Die Suid-Afrikaanse regering behoort daarom ernstig kennis te neem van die verklaring oor partygrense heen in die Europese Parlement, waarin protes aangeteken is teen die onaanvaarbare golf van plaasmoorde wat in Suid-Afrika plaasvind. 'n Verklaring onderteken deur 48 Europese parlementslede vanuit 19 lidlande en verteenwoordigend van sewe verskillende politieke formasies – sosialiste, liberales, Christen-demokrate, ander formasies en selfs een uit kommunistiese geledere – is 'n bewys van hoe ernstig Europa hierdie veragtelike en haglike situasie in Suid-Afrika ervaar.

Suid-Afrika skuld hierdie Europese parlementslede erkenning vir hul uitgesproke kritiek oor die situasie in ons land wat niemand meer langer kan duld nie. Die regering behoort hierop te reageer deur plaasaanvalle 'n prioriteitsmisdaad te maak.

Suid-Afrika moet ook met kommer kennis neem van die sogenaamde "tweede transformasie", voorgehou deur die ANC vir hul komende beleidskongres, waarin die grondkwessie voorop gestel word en wat wenkbroue ernstig laat lig. Dr Pieter Mulder, leier van die VF Plus, se toespraak oor die grondkwessie is dus nou belangriker as ooit.

Mrs G M BORMAN


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Adv A de W ALBERTS

ESKOM'S 49M CAMPAIGN

(Member's Statement)

Mrs G M BORMAN (ANC): "Remember your power." This is one of the slogans used in the 49M campaign launched by Eskom in March last year. This campaign is supported by government and the private sector to encourage people to conserve electricity and help reduce South Africa's carbon footprint.

Speaking at the launch, Deputy President Kgalema Motlanthe said:

We each have it within our power to make an individual difference to energy efficiency. Working in partnership to save energy, all South Africa's people can guarantee a better future.

With that in mind, members of the ANC put a question to 34 Ministers in September 2011, asking them whether their departments and the entities reporting to them had implemented any energy-saving practises or devices for buildings, offices and boardrooms in the 2010-11 financial year. To date, four Ministers have responded and we eagerly await the outstanding replies.

The call to action is for every South African to lift a finger. This is all it takes to switch off a light. If you are not using it, switch it off.

As MPs it is incumbent upon all of us to lead by example in this campaign. It is vital to drive the country's economic and development growth and to share it with everybody you come into contact with. Remember your power. [Applause.]

Rev K R J MESHOE


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Mrs G M BORMAN

BRUTAL KILLING OF A FOREIGN NUN

(Member's Statement)

Rev K R J MESHOE (ACDP): House Chairperson, the ACDP has noted with sadness the brutal killing of a nun from the Netherlands, who arrived in South Africa around 2004 with a vision to help children and youth in need. What is even more devastating is that this foreign nun, Reita van Vuljk, was bashed to death with a four-pound hammer and her body thrown over a cliff, allegedly by three men she regularly fed and cared for.

The three men allegedly forced their way into her house and demanded cash, which Reita did not have. They then ransacked the house, stole some household items, attempted to suffocate her, then placed her unconscious body in her white Toyota Hilux and drove off. Less than 10 kilometers from her house, the suspects allegedly struck Reita's head with a hammer and then threw her body over the cliff.

According to community members, Reita often gave the suspects odd jobs around her house and taught them to drive. Furthermore, they said Reita used to feed and care for them, but in the end they brutally killed a loving and caring woman who had left her own country to come and provide nourishing meals and education to poor people, mainly Aids orphans, in our country.

The ACDP strongly condemns the brutal killing of Reita and calls on the police to give this murder case to one of their most experienced detectives to investigate. On behalf of the ACDP and all peace-loving South Africans, we convey our most sincere condolences to Reita's family, all her friends and the people of the Netherlands.

Mr S MOKGALAPA


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Rev K R J MESHOE

UNENCLOSED TOILETS IN VILJOENSKROON, MOQHAKA MUNICIPALITY

(Member's Statement)

Mr S MOKGALAPA (DA): Chairperson, the DA is shocked but not surprised to find that 10 months after the Human Rights Commission had ordered the enclosure of toilets in Vijoenskroon, Moqhaka Municipality, those toilets remain unenclosed. More than 500 toilets remain unenclosed, proving yet again that the ANC-led council has little regard for the rights of residents to human dignity, privacy and a clean environment. What, however, can we expect when the contract to construct these toilets was awarded to a family-owned business, Danteb Building Construction CC, run by Mantebu Mokgosi, the executive mayor of Moqhaka at the time, and her husband? This is just one more example of how service delivery to the poorest of the poor, the unemployed and the desperate is hampered by the selfish greed of public service representatives doing lucrative business with state resources.

The municipality contracted Dilemopumo Construction and Trading to enclose these toilets. This company is doing such a bad job that recently built enclosures are falling apart. This comes at an additional, inflated cost of R2,559 million.

No government is perfect, but good governments are responsive and take the needs of the people seriously and rectify mistakes when they are made. That is what the DA aspires to do where it governs. Where the ANC governs, its cadres are plundering state resources while millions of our people continue to live a life devoid of human dignity. [Applause.]

Ms L JACOBUS


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Mr S MOKGALAPA

RECYCLING TECHNOLOGIES DEVELOPED BY THE COUNCIL FOR SCIENCE AND INDUSTRIAL RESEARCH, CSIR

(Member's Statement)

Ms L JACOBUS (ANC): Chairperson, we wish to congratulate the Council for Science and Industrial Research, CSIR, an institution of the Department of Science and Technology, for developing an innovative technology that could potentially limit the impact of acid mine water in South Africa.

The CSIR announced in January this year that it had developed a new process to reclaim high-quality precipitated calcium carbonate from calcium-rich industrial solid waste. High-quality calcium carbonate is useful for various specialised industrial applications such as gastric acid treatment, tablet filling in pharmaceuticals, plastics, paint, adhesives and pulp and papermaking. More importantly, this technology may offer a solution to acid mine water in Gauteng.

The research group is focused on recycling technologies that would make the extraction of effluent cost-effective. The method appears to be effective with stream water, although it is unlikely to be effective where groundwater is contaminated. This technology – for which the CSIR has filed a patent – can also be used as a waste management tool that can create new enterprises in the water management sector, providing job opportunities and simultaneously reducing the amount of solid waste that could impact negatively on the environment.

Mr N SINGH


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Ms L JACOBUS

THE E-TOLLING PROJECT IN GAUTENG

(Member's Statement)

Mr N SINGH (IFP): Chairperson, the shocking real reasons behind the government's insistence on ensuring that the Gauteng e-toll project succeeds were revealed in a weekend newspaper. It was reported that the Public Investment Corporation had purchased R17 billion worth of South African National Roads Agency Limited, Sanral, bonds and, further, that 89% of this purchase was made using money from the Government Employees Pension Fund scheme. Information such as this should have been made available to the Standing Committee on Appropriations during the briefing on the additional R5,75 billion for the Department of Transport as well as to Parliament during the debate on this Bill. One wonders why this was not done.

It is now very clear that there are huge economic issues at stake. If the tolling project fails, government will not only have to bail out Sanral but will also have to bail out the civil servants' pension fund.

Minister, bail out Gauteng and remember, KwaZulu-Natal is on the way, for there is huge opposition to additional tolls in the Durban area to compensate for the construction of the Wild Coast road.

Perhaps someone from the executive can also comment on media reports yesterday that, and I quote:

A well-placed senior government source was quoted as saying: "Plans for new toll roads around Cape Town, KZN, and Gauteng were set to be shelved."

Mr G P D MACKENZIE


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Mr N SINGH

CRICKET SOUTH AFRICA INQUIRY

(Member's Statement)

Mr G P D MACKENZIE (Cope): Chair, it is with great regret that all cricket followers and sports lovers in South Africa received the findings of the inquiry into the financial affairs of Cricket South Africa, CSA, by retired Judge Chris Nicholson. South Africans will recall the intimidatory tactics and the pressure that was put on the Minister not to proceed with the three-member inquiry into the huge Indian Premier League, IPL2, bonuses that CSA chief executive, Gerald Majola, had paid himself and other members of the staff.

The internal squabble that followed CSA president Nyoka's call for an independent inquiry into the matter saw him having to take court action and arrange an independent inquiry by auditors KPMG. The audit report revealed that Majola had breached his fiduciary duties in terms of the Companies Act. He did so after corporate governance expert Mervyn King had led the CSA board through a corporate governance rules exercise before the IPL2. This exercise was obviously in vain.

In the preamble to the inquiry, Judge Nicholson quoted Lord Harris as having declared, "Cricket is more free from anything sordid, anything dishonourable, than any other game in the world." He did so to reflect the descent of the administration of cricket in South Africa.

Cricket SA is seen in the report as being morally bankrupt, with Majola guilty of deliberate concealment and others equally guilty of collusion. Cricket SA has for some time deliberately been trying to avoid any open and independent enquiry to keep the truth from surfacing. The government must act decisively to compel Cricket SA to remove each and every person who actively sought to minimise the fallout for Majola. [Time expired.]

Mrs H H MALGAS

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Mr G P D MACKENZIE

SCHOOL GOVERNING BODY ELECTIONS

(Member's Statement)

Mrs H H MALGAS (ANC): Chairperson, while adhering to the prescripts of the South African Schools Act, Act 84 of 1996, the Department of Basic Education has called for the election of school governing bodies, SGBs, in our schools. Prior to 1994, educators, learners, parents and communities were largely excluded from school governance. However, with the establishment of the South African Schools Act, all public schools are required to have an SGB, democratically elected by members of the community.

The month of March is set aside for the election of school governing bodies in all the 24 000 public schools. SGB elections is recorded among the elections of national importance that our country undertakes and the Independent Electoral Commission, IEC, has been bought in to monitor the election process in all provinces.

The Department of Basic Education calls on all systems, not parents alone, "to play a part in the support of quality, learning and teaching" by using your vote in the SGB elections from 1 to 31 March 2012. We should always remember that learner achievement is also dependent on the level of support and active involvement of parents and members of the community. Therefore the ANC calls upon on all parents and community members to participate and get involved in the day-to-day running of the schools their children attend. [Applause.]

Mrs N W A MICHAEL – DA


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Mrs H H MALGAS – ANC

ESKOM PRICE HIKES

(Member's Statement)

Mrs N W A MICHAEL (DA): House Chairperson, the DA welcomes the statement made by the National Energy Regulator that it has cut the increase in electricity rates for power utility Eskom to 16% for the 2012-2013 financial year, from the previously approved hike of 25,9%. This increase remains substantially higher than the current inflation rate and will put pressure on economic growth prospects and our ability to generate much-needed jobs for the millions of unemployed South Africans.

As a result of this move, the average standard price of electricity will next month increase to 60,66 cents per kilowatt hour instead of 65,85 cents per kilowatt hour. Price hikes hurt the consumer significantly and could result in the effective slowdown of our economy. This reduction in tariff will be a relief for electricity users, none more so than for the millions and millions of South Africans living in abject poverty.

We further welcome the statement by the Minister of Public Enterprises, Minister Gigaba, that in order to obtain greater predictability in the move to cost-reflective tariffs, Eskom would propose a longer period than the standard three years for the next round of electricity price increases. [Applause.]

Ms D G NHLENGETHWA – ANC


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Mrs N W A MICHAEL - DA

IMPACT OF TROPICAL STORM IRINA IN KWAZULU-NATAL

(Member's Statement)

Ms D G NHLENGETHWA (ANC): Chairperson, last week the province of KwaZulu-Natal experienced the severe impact of tropical storm Irina, which ravaged some countries in the Southern African Development Community, SADC, region, killing many people in its wake and destroying property and infrastructure. In KwaZulu-Natal province, homes were destroyed in Ulundi, KwaNongoma, Ntambanana, KwaDukuza and in the uMkhanyakude District. A total of 48 families were affected by these severe storms and six were relocated.

We must applaud the disaster response authorities under the auspices of the provincial department of co-operative governance and traditional affairs for playing a meaningful role in alerting residents and relocating people to safe community halls. Their prompt and swift action in setting up joint operations in readiness for the disaster must be recommended.

Another disaster in the same week as the KwaZulu-Natal storms was the fire that ravaged an area in Langa in the Western Cape, where a woman was killed and 1 000 people at the Joe Slovo informal settlement in Langa were left homeless. At present some of the people are being accommodated in community halls and the cause of the fire is being investigated.

Since the incident happened the ANC has been working in the area daily through our constituency offices and distributing food parcels to displaced residents. As the ANC, we must express our support and well wishes for the affected families as they rebuild their lives after the disaster. We urge the disaster relief agencies and fellow citizens to offer any form of assistance to the affected families.

MINISTERS' RESPONSES - MINISTER OF TRADE AND INDUSTRY


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MEMBERS' STATEMENTS

THE IMPORTANCE OF SMMEs AND ENERGY SAVING

(Minister's Response)

The MINISTER OF TRADE AND INDUSTRY: Chairperson, I would like to respond to two statements. The first is the one that came from hon Ngonyama. I agree with him on the importance of small enterprises and entrepreneurial skills development but I would also like to say that success is not only measured by the number of SMMEs in existence. In turbulent economic times we of course expect many SMMEs to be facing difficulty and be more vulnerable. What we have been doing as the department is trying to focus our attention on those parts of the SMME programme that we think are working well. In that regard, we have highlighted the incubation programmes, which have worked well, both in South Africa and elsewhere. The problem we have in South Africa is that we have very few incubation programmes. I'm pleased to say that whereas up to now we had about 31 supported by government, a further 28 have now been identified for roll-out by our department in the near future. This is part of the programme of trying to roll out 250 incubation programmes by 2015.

The other statement I would like to respond to is the one by hon Borman. I don't know whether we are one of the departments that responded to her - I will have to check on that - but on the question of saving energy she is absolutely spot on. For example, last year we introduced new building regulations and energy-saving requirements. These are absolutely essential.

Our department is also promoting a particular standard, which corresponds to the international standard on energy saving. Energy saving is increasingly becoming an element of competitiveness. I think it is important that we realise that energy saving is not an add-on or a nice-to-do. It is actually essential as we move forward.

The MINISTER OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS


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The MINISTER OF TRADE AND INDUSTRY

ACKNOWLEDGEMENT OF DISASTER RELIEF MEASURES IN KWAZULU-NATAL

(Minister's Response)

The MINISTER OF CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS: House Chairperson, we welcome the statement made by the ANC through hon member Nhlengethwa, the chair of the committee, acknowledging the disaster relief measures in KwaZulu-Natal after the Irina storm disaster. We also acknowledge the efforts made by the affected municipalities and the sector department in the province, as well as those departments operating from the national level, all co-ordinated by the premier of the province, for the actual work of bringing relief to the victims. We will continue to finalise our disaster impact redress in the affected areas, as we have already started with the assessment process.

The MINISTER OF HEALTH

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The MINISTER OF CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS

WORLD TUBERCULOSIS DAY

(Minister's Response)

The MINISTER OF HEALTH: Chairperson, I'm standing here to welcome the statement made by the hon member Tsebe of the ANC about the steps that are being taken to combat the scourge of TB. I further highlight to the House that in the new national strategic plan for HIV and Aids, we have made sure that TB is highlighted more than we have ever done before.

In this regard, I wish to inform the House that 24 March will be World Tuberculosis Day. We have chosen that day for the Deputy President of the country to announce the implementation of the national strategic plan. I want to remind the House that the national strategic plan was unveiled by the President on World Aids Day, but World TB Day is going to be the day on which the implementation is unveiled, highlighting the relationship between HIV/Aids and TB.

We have chosen a gold mine in Carletonville for this event to further highlight that the incidence of TB in the mines, particularly gold mines, is higher than in the general population. We wish for hon members to attend and be with us on that day because you must be part of the arsenal to fight the scourge of TB. [Applause.]

The MINISTER OF FINANCE


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The MINISTER OF HEALTH

GAUTENG E-TOLLING PROJECT

(Minister's Response)

The MINISTER OF FINANCE: Chairperson, I wish to respond to the issues raised by hon Singh. It is regrettable that hon Singh tries to attach sinister connotations to normal investment practice by the Public Investment Corporation, PIC. The PIC buys bonds to the tune of billions of rands every week, every year. These bonds are issued by Transnet, the Development Bank of Southern Africa, DBSA, Eskom and government more generally, including South African National Roads Agency Limited, Sanral. Part of its mandate and mandated investment strategy is to invest in bonds, which are a safe investment instrument, as hon Singh is very aware.

There was no attempt to hide anything from the appropriations committee. If you asked who has invested in Sanral, I am sure the officials present would have given you the information. There is no reason for us to hide something that's open, public knowledge. The financial formula that we found to solve the problem around the toll road has nothing to do with bail-outs of the PIC or anybody else but is a genuine attempt on the part of government to reduce the burden on citizens and make a financial contribution from other taxes, as I will point out later today on this matter. On the question of other toll roads, that's an issue the Minister of Transport will address.

The MINISTER OF PUBLIC ENTERPRISES


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The MINISTER OF FINANCE

ESKOM'S 49M CAMPAIGN

(Minister's Response)

The MINISTER OF PUBLIC ENTERPRISES: Chairperson, the 49M campaign is an important campaign by Eskom and the Department of Public Enterprises, given the electricity constraints that we will experience until 2013, when the first unit of Medupi will come into operation. What is important is that Eskom has been upfront, open and very transparent to the public about the challenges we are faced with.

We have come forward on a weekly basis to inform the public about the challenges we are confronting and how we are dealing with them. We have undertaken an extensive emergency response programme to ensure that we succeed in our objective to keep the lights on. However, for Eskom to be able to succeed in implementing this energy conservation campaign, we need every single South African to contribute towards that common effort, to contribute to saving energy, so that we are able to assist Eskom in meeting its objectives.

We have made a commitment to South Africans that we are going to do everything in our power not to implement load shedding. That commitment depends not only on Eskom meeting demand but also on South Africans implementing energy efficiency measures to reduce demand, so that Eskom is at all times able to supply energy both to households and business. In that regard, I think it's important that the House commends Eskom for the efforts they have undertaken and for the assurances they have continued to give the public.

The decision to reduce the tariff from 25,9% has been a major decision by Eskom, as requested by the President, to help the poorest of the poor and contribute to job creation and economic growth. In this decision, Eskom has sacrificed R8,1 billion, which they would have claimed from the tariff increase. Again, what is important in the successful implementation of this decision is for all South Africans to reduce the demand.

It is also important that we appeal to the private sector as well as municipalities to ensure that the windfall is experienced by the consumers. We don't want to reduce the tariff on the one hand but, on the other hand, consumers don't feel the impact of the decision that has been taken. [Time expired.]

THE MINISTER OF TRANSPORT

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The MINISTER OF PUBLIC ENTERPRISES

GAUTENG E-TOLLING PROJECT

(Minister's Response)

The MINISTER OF TRANSPORT: Chairperson, I wonder whether the hon member Mr Narend Singhwill go back home to the rural areas in KwaZulu-Natal and reveal that he stands in the National Assembly, in this House, to advocate that money be paid for one road in South Africa and not for other roads, like those in his own province, in his own rural area, which he represents here.

From April this year we are going to spend R7,2 billion to build roads leading to Mr Narend Singh's home, which doesn't have roads even though he was in government for such a long time. They never built roads. We are going to build roads while lowering the burden of debt in Gauteng. We will not do so at the expense of the rest of the country.

You are being opportunistic, hon member, when you now advocate getting onto the bandwagon. You are going to go back home and claim that you stood in the National Assembly and advocated for Gauteng. What about your own roads? [Interjections.] We are going to lower that burden and we are one with the people of Gauteng. The Premier of Gauteng was saying so even this afternoon. We will do that but we will not do so at the expense of the rest of the country. Therefore, the member must stop his opportunism. [Interjections.] I understand the question. Stop the opportunism of jumping onto the bandwagon of one road in South Africa at the expense of the 166 000km that we must build. [Applause.]

FIRST ORDER


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MINISTERS' RESPONSES

RATES AND MONETORY AMOUNTS AND AMENDMENT OF REVENUE LAWS BILL

(Introduction)

The MINISTER OF FINANCE: Chairperson, before us is the Rates and Monetary Amounts and Amendment of Revenue Laws Bill 2012. This Bill initiates the tax legislative process, stemming from the Budget tabled before this House in February. The Bill contains changes to tax rates, thresholds, credits as well as the latest excise levies on alcohol and tobacco, which I'm sure all of you readily accepted. The remaining changes proposed in the Budget will be introduced through a second Bill later in the year.

As we said in the Budget Speech last month, economic uncertainty will be with us for some time to come. So, the tax proposals before you strike a balance between protecting the fiscus and raising revenue so that we can pay for the expansion of our economic capacity. These proposals also offer relief to lower-and middle-income households, many of whom are striving to reduce debt at a time of rising food and energy prices, which are gladly going to come down now.

Most notably, this Bill contains upwards adjustments in personal income tax brackets that provide R9,5 billion in relief. This relief amounts to approximately R2 billion above inflation. These adjustments contain upwards adjustments in the primary, secondary and tertiary rebates. As a result, individuals under the age of 65 are now exempt for income up to R63 000. Individuals from the ages of 65 to 74 are exempt up to R99 000 and those from age 75 and above are exempt up to R110 000. Hence, many low-income workers remain completely free of income tax.

Income brackets are also increased for all groups, so that working persons will maintain a higher after-tax salary. Studies have repeatedly shown that the best way to promote savings is to provide salary relief so that average workers have discretionary funds to save. It should also be noted that this relief for working employees has the added benefit of alleviating the wage burden on employers. Personal income-tax relief should indirectly reduce the pressure for wage increases because taxpayers will have a greater level of after-tax income.

In 2011, tax relief for medical aid scheme contributions was changed, as you know, from a deduction system to a credit system. The purpose of this change to tax credits was to create greater equity between wealthy families and middle- and lower-income persons. Under this Bill, monthly credits are set at R230 for the main member, R230 for the spouse and R154 for each additional dependant. These monthly credits should greatly assist lower- and middle-income persons who are seeking protection from rising medical aid scheme costs.

Government continues to recognise the importance of small businesses as an engine for small business growth and economic growth. In pursuance of this aim, the Bill contains relief for small business corporations, with the current 10% rate dropping down to 7%. Up to R350 000 of taxable income will also be eligible for the small business corporation rates as opposed to the previous R300 000 maximum. This relief follows last year's changes to the micro-business tax, which again sought to assist small businesses.

Let me briefly refer to the new dividends tax. As pledged several years ago, the new dividends tax will replace the secondary tax on companies from 1 April 2012. This change realigns the South African system for taxing dividends so as to be fully consistent with modern international tax practice. One important benefit of the new dividends tax is to properly separate the tax from company financials because dividends declared by companies better represent shareholder profits. The regime also has the added benefit of allowing pension funds to receive tax-free dividends. I want to repeat this because many commentators have got this wrong. The regime also have the added benefit of allowing pension funds to receive tax-free dividends, thereby allowing for greater pension fund growth and benefits to the members of the pension fund.

Despite the above, some commentators are taking issue with the proposed increased rates associated with both the dividend tax and capital gains tax. It is alleged, mistakenly in our belief, that the new increased rates will unfairly target savings, especially to the detriment of middle- and lower-income persons. What these commentators fail to recognise is that the new dividends tax will in fact cost the state and the fiscus R1,9 billion because the new regime contains many new exemptions, including, as I have just mentioned, the exemption for pension funds. In order to replace these funds, it is necessary to raise the dividend tax rate to 15% and to increase the rates for inclusion for capital gains, including the increased maximum effective rate of 13,3% for individuals, as opposed to a prior maximum effective rate of 10%.

Let me emphasise that relief from increased capital gains rates is again being made available for lower- and middle-income groups so that their savings can be shielded from this change. For instance, the annual capital gains exclusion will increase from R20 000 to R30 000, the exclusion on death will also increase from R200 000 to R300 000 and the exclusion for gains from the sale of homes will increase from R1,5 million to R2 million. All of these exclusions should be more than sufficient for most lower- and middle-income taxpayers who seek to set aside and grow their savings.

Some are suggesting that the Budget contains a significant overall increase on the tax burden. This is not true. As in prior years, additional revenues are expected as a mere by-product of reasonably anticipated growth and, hopefully, better compliance. It is well recognised that growth is the best way for government to generate funds for its programmes. At the end of the day, the Budget Review merely expect the aggregate tax burden to increase only marginally from 24,7% to 25% of GDP in 2011-12 and 2012-13 respectively.

We have just had some interactions on the question of the SA Roads Agency Limited, Sanral, and the toll roads. With much being written about the toll roads, the latest suggestion by some, including those on my left, is to earmark fuel levies against road construction only. It would be useful if people understood the facts and then could speak to the facts and not, as Minister Ndebele pointed out, politicise matters unnecessarily. Allow me to remind us that earmarked taxes tend to fragment and complicate the tax system and allow departments and agencies to escape the discipline of the budget process. In addition, dedicated funding bypasses the important process of prioritisation or reprioritisation that must occur through the general budget process.

Most notably, those asking for the earmarking of the general fuel levy should be careful about what they wish for. The total funds spend on roads and public transport is more than what is collected from the general fuel levy. For the 2012-13 fiscal year, government has virtually doubled the amount budgeted for roads and transport. It has budgeted an amount of over R70 billion for these programmes, consisting of contributions to Sanral, provincial roads, municipal roads and to rail and bus capital expenditures and subsidies.

On the other hand, the gross expected revenue from the fuel levy is only about R42,8 billion. Of this amount, R1,5 billion is set aside for the fuel pipeline, R9 billion will go to the metropolitan municipalities as compensation for scrapping the regional service council, RSC, levy. In sum, earmarking will mean that fuel levies will have to increase by another R16,5 billion to cover the perceived shortfall equivalent to an increase of almost R1 in the fuel levy. So, those who are asking for an increase in the fuel levy as a way of paying the Sanral loan and the construction of this freeway are in fact asking ordinary citizens of South Africa to pay R1 more on the fuel levy. This is a sum that motorists, in our belief, can barely afford. We have instead funded this shortfall from general tax revenue.

Now your favourite part: As part of an ongoing effort to curb substance abuse the rates on tobacco products will increase from between 5% and 8,2% and the rates on alcohol products will increase between 6% and 20%.

In summary, the Tax Bill before the House contains a carefully developed package which supports government's objective to maintain fiscal revenues for government priorities; provide for fiscal support for growth and job creation; and strive for fiscal consolidation in the medium-term. This is what is required at a time of ongoing global economic uncertainty. This is also what is required to ensure that all South Africans pay their fair share. We want to ensure taxpayers that we continue every day to ensure that your money is spent well and that we obtain value for money and minimise wastage in our system.

I hereby table the Rates and Monetary Amounts and Amendment of Revenue Laws Bill 2012.

Bill referred to the Standing Committee on Appropriations for consideration and report.

SECOND ORDER


UNREVISED HANSARD

NATIONAL ASSEMBLY

Tuesday, 13 March 2012 Take: 202


FIRST ORDER

JOINING HANDS TO PROMOTE UNITY IN DIVERSITY AND HUMAN RIGHTS FOR ALL

(Debate on Human Rights Day)

Mr V G SMITH: Chairperson, hon members and comrades, human rights are rights that belong to every South African. Likewise, South Africa belongs to all who live in it, black and white. Our country will never be prosperous or free until all our people live in brotherhood, enjoying equal rights and opportunities with no distinction based on colour, race, sex or belief.

March 1960 saw 69 South Africans gunned down by the then inhumane and morally bankrupt regime in power in our country during the protest in Sharpeville. Those South Africans who gathered in Sharpeville, and many others throughout the length and breadth of this country, were fighting for the right to be treated as equals in the land of their birth.

We have a duty to remind ourselves of and to teach our children about the period prior to 1994, when the vast majority of white people in this land, with the exception of a small minority among them, claimed exclusive ownership of this country - an ownership, they argued, that entitled them to the land, wealth and participation in government to the exclusion of the majority of South Africans. The majority were expected to regard themselves as fortunate to be allowed to live, breathe and work in a white man's country.

This majority was expected to be content with being referred to as "garden boys" and "kitchen girls", even by those who were young enough to be their great-grandchildren. All this was only because the majority did not belong to the master race and was thus regarded as subhuman, without any human rights.

Informed by these and many other events predating our democratic dispensation, South Africans from all walks of life crafted and adopted the Constitution in order for us never to return to those dark days. It is a Constitution that enjoins all of us to build a society that is united, democratic, nonracial, nonsexist and prosperous.

Pursuant to these noble principles, South Africa today enjoys a system of vibrant multiparty democracy with a progressive Bill of Rights recognising political, socioeconomic and environmental rights and obligations. We have a system of the separation of powers between the executive, the judiciary and the legislature. Beyond the formal processes of regular elections, various types of legislated and other forums ensure popular citizen participation. The progress made in this regard since 1994 must be celebrated by all of us. Long may it live.

However, we hasten to acknowledge that regular elections and progressive policy on paper is not enough. While we encourage individual initiative and entrepreneurship, those who command political and social power must not be allowed to abuse it, especially in respect of the poor and the vulnerable. In this regard, South Africans must fight against all manifestations of racism, tribalism, religious and political intolerance, patriarchy and abuse of women and children. We must wage war against greed and the arrogant display of wealth. We must all campaign against the abuse of alcohol and drugs within our society.

We all have a duty to exercise maximum vigilance against forces that seek to subvert social transformation. There is absolutely no place in our society for groupings that organise themselves along the discredited apartheid racial lines with the aim of sowing hatred and division among our people. The demon of racism and tribalism must be confronted head on and defeated wherever and whenever it emerges. For human rights to thrive there cannot be any place in our society for organised crime, for corruption, both in the public and private sector, and for discrimination of one against another on any grounds whatsoever.

As mandated by the Constitution, the legislature, together with the Chapter 9 institutions, have the primary responsibility of ensuring that weaknesses on the part of government across all spheres that negatively affect government's responsibility for communities, including service provision and consultation, which often generates upheaval, must be highlighted. In light of this responsibility, all members of the legislature and those who represent Chapter 9 institutions must be above reproach. We argue that the greatest threat that we face as a country today towards the attainment of sustainability with regard to human rights is the prevalence of corruption, mismanagement of state resources and the lack or unacceptably slow pace of government policy implementation. These practises are not consistent with our Bill of Rights and the Constitution. Therefore, anybody, regardless of his or her status in society, found guilty of these practises must be isolated, exposed and held accountable. As the legislative arm of the state, we dare not fail in our responsibility in this regard.

In 2009, as an ongoing project of nation-building, the ANC committed itself to continue working together with all South Africans towards creating decent jobs, sustainable livelihoods, education and training, improved health care, rural development and the fight against crime and corruption. The organ of state that bears the primary responsibility to ensure this is the executive. All realists among us will agree that the pace by which this ideal society, with human rights for all, will be built is reliant among other things on the availability of resources, both financial and human, and of such resources being at the disposal of government and government agencies.

This government is correct in pursuing a mixed economy, with the state playing a major and interventionalist role while co-operative and other forms of social and private ownership and private capital make their own contribution towards sustainable economic development. In my view, the state has a responsibility to encourage socially beneficial conduct on the part of private business, while ensuring that these investors are able to make reasonable returns on their investment. The current state of the global financial environment requires that South African economic and fiscal policies remain resilient to external factors beyond our control.

In his recent state of the nation address, the President outlined government's vision in addressing the triple challenges of poverty, unemployment and inequality. To succeed in this regard, it is important for government to focus on creating an enabling environment towards sustainable economic growth. It is also the duty of organised labour and business to make it possible that as many South Africans as possible, especially the youth, have decent jobs and sustainable livelihoods.

It is a violation of human rights when learners who are in the main black and from a poor society continue to be taught in unsuitable classrooms and on a hungry stomach. It is a violation of human rights when women and children are raped and killed and nobody seems to care. It is a violation of human rights when women and young girls are sold into slavery for prostitution and drug trafficking by drug lords. It is a violation of human rights when women are assaulted and stripped naked at taxi ranks just because their choice of dress code is not acceptable to all.

For as long as the South African child still has to walk for kilometres to school and cross flooding rivers on their way, and for as long as educators and parents lose focus of their responsibility for the education of all learners and students, this government must, without fear or favour, exercise its responsibility to eradicate the failures on the side of officials and educators and take them to task in terms of the implementation of government policy.

The commitment and efforts of this government to improve health care is commendable. No patient must die due to the lack of medication or equipment in our health care facilities, even when sufficient funds have been budgeted for and allocated to these facilities. We are encouraged by the introduction of the National Healthcare Insurance as well as the steps currently being taken to ensure that suitably qualified people are placed in charge of our hospitals and clinics. We call upon the pharmaceutical industry not to place profit before the wellbeing of our people.

Government has identified rural development as a priority area. Basic services like water, electricity, sanitation, roads and telephones remain a challenge. All these basic services are a prerequisite to economic development. Government needs to speed up the delivery of these services. Eighteen years into our democracy is a long time to wait for clean running water and electricity. Our women should not still be required to collect water from the river or firewood from the fields to maintain their households. These are the most basic of human rights and our people need to enjoy them today.

Our Bill of Rights guarantees that, and I quote:

Everyone has the right to have any dispute that can be resolved by the application of the law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.

In the interest of fairness, South Africans should not in this day and age have to defend themselves in a third or fourth language in our courts. Every accused person also has the right to have their trial begin and concluded without unreasonable delay. This human right is regularly flouted to the extent that there are a number of instances where South Africans are remanded in custody upwards of three years. In a case in KwaZulu-Natal, the length of detention before the conclusion of the case was nine years. We think it is important that our judicial system and the judiciary attend to such matters. Being incarcerated in an overcrowded cell is inhumane. Being incarcerated for even one day longer than necessary is a violation of one's right to freedom.

Working together, the state, business, organised labour and every South African citizen must contribute in building a society based on the best in human civilisation in terms of political and human freedoms and socioeconomic rights. This society must espouse the value that there are no superior or inferior South Africans. As South Africans, we must agree that there is no first-class or second-class citizen. We must guarantee that the colour of a person's skin is not what must define him or her, but rather the content of their being.

Until we succeed in establishing this society, the dream of lasting peace and prosperity will remain an illusion. The struggle for human rights for all must be sustained and nothing less than victory must be the end goal for all South Africans, black and white, rich and poor. The journey towards attaining universal human rights for all will not be easy, but acquiring anything worthwhile has never been easy. A luta continua! [The struggle continues.] [Applause.]

The LEADER OF THE OPPOSITION


UNREVISED HANSARD

NATIONAL ASSEMBLY

Tuesday, 13 March 2012 Take: 203


Mr V G SMITH

The LEADER OF THE OPPOSITION: House Chairperson, hon members, this debate is a celebration of a nation, not a political party. Today we honour the bravery of those South Africans who fell in the Sharpeville Massacre. Because of their sacrifices and those of countless others, we are the custodians today of one of the most progressive, most human-rights-inspired documents in the world. It is a beacon that those who came before us never had - our Constitution and its Bill of Rights. Therefore, it is with deep reverence and pride that we can say today that they did not die in vain.

Our Constitution sets a benchmark by which Parliament is duty-bound to measure our progress or regression with respect to human rights. It was the product of painstaking negotiation and historical compromise. It is our codified compact, based on a nonracial idea called "the new South Africa". Above all, our Constitution inherently expresses the classical definition of human rights: To do unto others as we would have them do unto us. It was this impulse that animated the young Mohandas Gandhi after he was pushed off a train in Pietermaritzburg; the founding fathers of the ANC 100 years ago; a young Steve Biko, who paid the ultimate price; a certain young journalist who fearlessly uncovered his violent murder; our nation's father, Nelson Mandela; our nation's conscience, Archbishop Desmond Tutu; the feisty Helen Suzman, a lone opposition voice in the apartheid Parliament; and countless other individuals who bravely played their part in bringing us all here today.

This is why, in our parliamentary democracy, our Constitution is sovereign. There are no sunset clauses on the Bill of Rights. To say that the codified national consensus has "proved inadequate and inappropriate for our social and economic transformation phase", as hon Minister Radebe has said, is unproven. It is irresponsible and, quite frankly, it is disrespectful.

An HON MEMBER: Hear, hear!

The LEADER OF THE OPPOSITION: To demean the Constitution, which was co-written by the most iconic minds across political and social divides, to a mere temporary measure is the clearest indication yet of what the governing party has become. The truth is that our Constitution works. It is the mechanism that directs us unambiguously to redress poverty and inequality. It is not an obstacle to redress. When a government is weak and in need of reform, the solution is not to undo the foundation upon which it stands. The solution is to change that government. [Applause.]

The ANC's new rhetoric around the need for a so-called "second transition" is nothing more than a smokescreen to divert South Africa's attention away from the real issue of poor governance. [Interjections.] It is cynical to argue that South Africa needs constitutional amendments to achieve socioeconomic progress. On the contrary, the real roadblock to social and economic change is when South Africa deviates from the Constitution and its founding principles of nonracialism, judicial independence, the separation of powers and devolved government.

The Constitutional Court has fearlessly upheld the people's inalienable human rights in a number of important judgements. When a group of parents in the Eastern Cape had had enough of their children being subject to the daily indignity of attending classes in mud schools as a consequence of the government's failure to deliver, it was the Constitutional Court they turned to uphold their socioeconomic rights. When government failure denied the courageous Irene Grootboom her right to decent housing, it was the Constitutional Court that upheld her human rights. When the government stood idly by as millions of HIV-positive pregnant women were helpless to prevent the transmission of the virus to their unborn children, it was the Constitution Court that compelled the Minister of Health to provide the necessary medication. [Interjections.] On HIV/Aids, that court used its powers wisely and with restraint, but with unmistakable clarity.

The elegance of our Constitution is that it defines the boundaries of our policy-making. Every party represented here, every think-tank and foundation, every NGO and faith-based organisation - everyone, in fact, who cares about South Africa, is obliged to find answers within the human rights framework of the Constitution. This is what leads us on this side of the House to reaffirm the principle of broad-based black empowerment and to say that it needs to be fixed so that the rewards can be shared by millions. This is what directs us on this side of the House to support investment in capital infrastructure and to augment that with a plan for economic reform that will power job-creating economic growth. It is also what inspires us in the opposition benches to embrace Nelson Mandela's vision of nonracialism and to say that the only way we will achieve this is by building a pro-poor, nonracial economy.

And so we start by asking: How do we give expression and meaning to the Constitution? If amending the Constitution is the answer, then we are asking the wrong questions. The Constitution has not failed South Africa; the government has. [Interjections.]

HON MEMBERS: Hear, hear!

The LEADER OF THE OPPOSITION: What we have today is a progressive Constitution underpinning an increasingly weak government. It is no coincidence that politicians around the world, facing a decline in electoral support on the back of service delivery failure, have also been tempted to interfere with constitutional arrangements. The difference is that in South Africa, we will never allow this to happen.

Those who are tempted not to stay the course with our Constitution should remember that change is difficult. Progress can be reversed. Societies can - and they sometimes do - fall apart. We do not have to look far.

Finally, it is ironic that while our human-rights-inspired Constitution is being talked down at home, it is being talked up abroad. In a recent interview with Al Hayat television in Egypt, United States Supreme Court Justice Ruth Ginsberg, America's second female chief justice, advised:

I would not look to the US constitution if I was drafting a constitution in the year 2012. I might look at the Constitution of South Africa.

HON MEMBERS: Hear, hear!

THE LEADER OF THE OPPOSITION: This endorsement, shared by many, also directs us to ensure that human rights are upheld across our continent. From combating famine in the Hornof Africa, to defending gay rights in Uganda and ending the traditional subjugation of women in some communities, we must press for human rights norms to be observed.

It is always easier to be optimistic in good times and harder to show grace under pressure. Difficult days lie ahead and the last thing South Africa needs is a so-called "second transition", which aims to undo what so many worked hard to achieve. More than ever we need the certainty of our human-rights-inspired Constitution to guide us.

Let us be done with the governing party's rhetoric and proudly defend our Constitution. There is only one kind of "second transition" that will change South Africa for the better - the transition of a peaceful general election when a DA government is voted into office. [Applause.]

Mr M G P LEKOTA

UNREVISED HANSARD

NATIONAL ASSEMBLY

Tuesday, 13 March 2012 Take: 204


The LEADER OF THE OPPOSITION

Mr M G P LEKOTA: Madam Chairperson, I would like to start off by saying that a unique generation of South Africans from across the spectrum of our nation occupies this House today. This generation is distinguished by the fact that it was born into apartheid South Africa and had the unique opportunity to contribute and see apartheid to its end. It had a dual obligation because at the same time it had to lay the foundation for a new order of things - something that many generations before us had dreamed about. We ourselves had dreamed about it.

So, when sometimes we celebrated events of such a nature that they made us take hands - as we did at the beginning under the leadership of President Mandela, when we celebrated the 1995 Rugby World Cup, and after that, at events such as the 2010 World Cup - what we were emulating and making vivid was the picture of the kind of South Africa we had dreamed about. We did so because we recognised and understood the obligation on our shoulders.

Whether we in fact understand the immensity of the task of actually constructing that dream in reality is a question that we must revisit from time to time. We must not stop. We must at every available opportunity create that vivid picture of the future of our dreams; the future we want our children to buy into. So we must hold hands whenever opportunities arise, but we must go beyond that because the task requires more than holding hands. It has to do with laying the foundations of educating the generations who will become the real South Africans.

Let me explain why I say "real". Those of us who were born under the conditions of apartheid were in some ways denied the atmosphere necessary to cultivate us as the best that South Africa required. It was Karl Marx who observed that social conditions shaped the consciousness of man. Those of us who grew up in conditions that were harsh and hostile were not being educated about human dignity. Those conditions did teach us but also distorted us. From us arose a generation of men and women on both sides of the colour line who understood the challenge of their time and had the courage to shape a movement that brought to an end that order of things. In the process, they imbued us with the capacity and courage to take what we inherited from them and we must now build on that. [Applause.]

On this occasion, I would therefore like to say that our forebears have a saying:

Sesotho:

"Le kojwa le sa le metsi". Leeto la botjhaba ba batho ba Aforika Borwa le qadile mathateng, empa re fihlile moo e leng hore motsotsong wa jwale, haeba re kopanya dikelello, tsebo, matla le maruo ao re nang le oona ho aha Aforika Borwa e ntjha mme motsotso oo ha ho batlehe hore re o tlohele ho ka re feta.

English:

So, where are we going to start? We must start with young ones.

The HOUSE CHAIRPERSON (Ms F HAJAIG): Hon member, your time has expired.

Mr M G P LEKOTA: Oh no! [Laughter.] [Applause.]

Mrs J D KILIAN: Chairperson, Chairperson?

Mr M G P LEKOTA: Please give me your 10 minutes!

Mrs J D KILIAN: Chairperson, can we have injury time?

The HOUSE CHAIRPERSON (Ms F HAJAIG): I will now call upon the hon Skosana.

Mrs J D KILIAN: Chairperson, on a point of order: I just want to ask if it is not parliamentary for the House to acknowledge the beautiful medal around hon Lekota's neck and to also acknowledge that he cycled 110 kilometres - until the end. I think he deserves our applause. [Applause.]

The HOUSE CHAIRPERSON (Ms F HAJAIG): Hon Killian, we recognise the wonderful medal around the hon Lekota's neck, but that is not a point of order. [Laughter.]

Mr M G P LEKOTA: Madam Chair, modesty makes it impossible for me to comment. Thank you. [Applause.]

Mr M B SKOSANA


UNREVISED HANSARD

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Tuesday, 13 March 2012 Take: 204


Mr M G P LEKOTA

Mr M B SKOSANA: Madam Chairperson and hon members, firstly, let me thank the hon Chief Whip of the Majority Party for the motion he moved this afternoon regarding Sharpeville. I also thank the Leader of the Opposition for referring to Sharpeville. I am saying this because I am a survivor of the Sharpeville Massacre.

In the ANC's document on the transformation of the judicial system and the assessment of the role of the judiciary in the developmental South African state, the Minister of Justice and Constitutional Development, Jeff Radebe, reminds South Africans very often that the Constitution is the supreme law of the land and sets out to establish a nonracial, nonsexist and prosperous society, founded on human rights. I think this is at the core: a state and society founded on human rights.

We also think it is important that any assessment of the impact of the transformation of a society founded on the culture of human rights is predicated on the basic texts of international law on human rights. It means that national and regional Parliaments, including the Pan-African Parliament, should mount ongoing periodic educational programmes to enlighten their members and citizens on the origin and socioeconomic implications of human rights and the need to integrate human rights in the system of governance and daily life. These educational programmes should pay attention to the relevant, proper and simple analysis of a collection of major international texts relating to human rights. These, and I will count them, are the texts that should form the basis of the education of our people.

First, the Universal Protection of Human Rights are texts prepared within the United Nations and include conventions on the economic, social and cultural rights and the convention on political and civil rights. Second, the Regional Protection of Human Rights are texts prepared within the Council of Europe and they include treaties, conventions, charters and additional protocols to the conventions. Third, texts prepared within the Organization of American States include conventions, declarations and additional protocols. Fourth, there are texts prepared within the Organisation of African Unity, including the African Charter on Human and People's Rights of 1981. Lastly, there are texts from the Conference on Security and Co-operation in Europe, including extracts from the Helsinki Accords, or the Helsinki Final Act of 1975, the concluding documents of the Vienna Meeting of 1989, the document of the Copenhagen Meeting on the Conference on the Human Dimension of 1990 and the Charter of Paris for a New Europe.

We believe it is only when the culture of human rights is interwoven with all levels of our lives that a society and state founded on human rights will be realised. [Applause.]

Mr J J MCGLUWA

UNREVISED HANSARD

NATIONAL ASSEMBLY

Tuesday, 13 March 2012 Take: 204


Mr M B SKOSANA

Mr J J MCGLUWA: Madam House Chairperson, this House adopted a Constitution 16 years ago as a vision for a postapartheid South Africa. We all proclaimed that it was founded upon human dignity, the achievement of equality and the advancement of human rights for all. Despite the widespread public outcry and condemnation today, exactly 16 weeks have passed since this House passed the secrecy Bill, a piece of legislation which in the form considered acceptable by members on this side of the House amounted to a full-scale legislative assault on the freedom of the press and other media in South Africa – a basic human right entrenched in section 16 of our Constitution.

On that note, those ANC MPs with a conscience, who remembered their power and refused to vote for the secrecy Bill, must once again be congratulated. However, 16 days ago the Minister of Justice and Constitutional Development proclaimed that he would be releasing a discussion document in support of the statement about reviewing the powers and decisions of the Constitutional Court and the role of the Constitution in showing where government itself has failed. This document is littered with derogative language seeking a judiciary that is compliant and co-operative with the executive, despite being constitutionally guaranteed its independence. The ANC policy discussion documents recently released show that the party has the Constitution and human rights firmly in its sight.

There is a different debate that should be had today, on the eve of the 16th anniversary of the establishment of the South African Human Rights Commission. This debate should be entitled "Human Rights Day - where government and the governing party close ranks to sow disunity and adversity by threatening human rights for all." [Applause.]

Adv A D ALBERTS


UNREVISED HANSARD

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Tuesday, 13 March 2012 Take: 205


Mr J J MCGLUWA

r J J MGLUWA

Adv A de W ALBERTS: Agb Voorsitter, hierdie debat is inderdaad baie belangrik. Ons moet dit baie meer hou, maar aan die einde daarvan ook sorg dat iets gedoen word aan die gebreke wat geïdentifiseer word.

English:

Much of the reason that human right abuses are still prevalent in South Africa today can be attributed to government's own policies and inaction. It stretches from the inability to deliver proper services to the implementation of policies that are self-destructive. So, today we are taking hands to show government where it is going wrong.

First, the continued implementation of affirmative action, which keeps experienced white people out of jobs, especially government jobs, does not only affect the nondesignated persons but all of South Africa, as it seriously impedes the state's ability to provide proper services, especially for the poorest of the poor. So, one thing leads to another. This country's economy will grow for everyone once we rid ourselves of this form of discrimination.

Second, the state's inability to curb corruption is a serious threat to the human rights of all the people but also to the effective existence of the state itself. Third, the state's blindness in managing language diversity properly is a serious impediment to social cohesion and you will see this once the Afrikaans community embarks on protest action against the Language Bill.

Fourth, the changing of city and street names without considering the double-name option and solution will lead to increased future protests. Lastly, the inability of government to curb farm murders will have serious repercussions for future food security – this also being a human right. Once again, one thing leads to another. These are all connected.

Taken together - and this is by no means a complete set of problems - a case for breach of international human rights instruments can validly be made. An amount of 48 members of the EU has done so against farm murders and this will be a growing trend internationally.

Afrikaans:

Dit is tyd vir die ANC-regering om te besef die wittebrood is verby. Moue moet opgerol word en hande moet vuilgemaak word om die land werklik gelyk en regverdig te maak. Op hierdie oomblik word daar net lippediens gedoen aangaande diversiteit en menseregte vir almal en dit is baie jammer.

Rev K R J MESHOE


UNREVISED HANSARD

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Tuesday, 13 March 2012 Take: 205


Adv A de W ALBERTS

Rev K R J MESHOE: Madam Chairperson, many among us agree that unity in diversity is a concept of unity without conformity and diversity without fragmentation. Michael Novak wrote, and I quote:

Unity in diversity is the highest possible attainment of a civilization, a testimony to the most noble possibilities of the human race.

To be able to join hands to promote unity in diversity, we should first attempt to appreciate people of all kinds, men and women, regardless of their ethnicity, race and religious, political or geographical background.

One of our greatest challenges as a nation is to protect the human rights of all, particularly people who are not originally from our country. We need to relook how foreigners are treated in our country. If we succeed in achieving this unity in diversity, there will be a healthy relationship between locals and foreigners and we will reap excellent benefits for the good of all. The benefits will include preventing unnecessary confrontation and boosting our economic output, because the right people who are properly qualified would be allowed to do the job. This would also improve performance, productivity and quality of work.

Unity is strength. Africans must stand and work together to develop our continent. There is no single country that can develop Africa alone. We need one another. The saying "united we stand, divided we fall" is a universal truth and has stood the test of time. Africa's enemies will take advantage of us when we they notice cracks in our relationships. Unity is strength and brings success while division is weakness that brings a downfall.

The recent incident where entry to South Africa was refused to 125 Nigerians is regrettable. It is time for Africa to stand together, hold hands, unite in our diversity and face the challenge of making our continent a force to be reckoned with.

Mr I S MFUNDISI


UNREVISED HANSARD

NATIONAL ASSEMBLY

Tuesday, 13 March 2012 Take: 205


Rev K R J MESHOE

Mr I S MFUNDISI: Chairperson, cultural diversity is one of the key challenges to the application and practice of human rights. When people are brought together voluntarily or involuntarily by the integration of markets and new political orders, tensions are sure to arise. Without a secure sense of identity amidst the turmoil of transition, people may resort to isolationism, ethnocentrism, racism, tribalism and intolerance.

The question therefore is how human rights can be reconciled with the clash of cultures that has come to characterise our time. Cultural background is the source of a great deal of self-definition, expression and a sense of group belonging.

Everyone is entitled to human rights without discrimination of any kind, with the fundamental principle being nondiscrimination. Human rights are intended for everyone in every culture. Nondiscrimination protects individuals from the violation of their rights by authoritative bodies.

If we are to unite in our diversity and still protect inherent human rights, we must accept that human rights are neither representative of or oriented towards one culture to the exclusion of others. The practice and application of human rights must reflect a dynamic, co-ordinated effort to achieve common standards towards the protection of human dignity. No right can be used at the expense of or to the destruction of another.

To uphold human right we should love, respect, serve, consult and be tolerant of all humankind. The brotherhood of man should be our guiding principle. No right can be invoked or interpreted in such a way as to justify any act leading to the denial or violation of other human rights or fundamental freedoms.

Mr R B BHOOLA


UNREVISED HANSARD

NATIONAL ASSEMBLY

Tuesday, 13 March 2012 Take: 205


Mr I S MFUNDISI

Mr R B BHOOLA: Chairperson, we must use Human Rights Day to celebrate our ability to deal with the grievances of the suffering masses. Diversity and unity is about respecting the structures created by human rights, like the Human Rights Commission, the Public Service Commission and the structures of government where we can report and deal with grievances. Let us use Human Rights Day to demonstrate to people out there that we can take the problems and provide amicable solutions.

Tremendous challenges exist around the issues of sexual abuse in schools, child support grants and prostitution. These are some of the issues that are plaguing in our country. How can we highlight the challenges that affect human rights and in the process start to educate our people about the structures where their complaints can be lodged and, ultimately, also show how we can deal with the promotion of human rights, unity and diversity? There must be a proactive and robust application of the Constitution so that citizens will begin to know what the promotion of human rights is all about.

Our schools have become dysfunctional. We want to protect our indigenous or ethnic languages and we want to protect all our cultures, so that we retain those human rights as a South African nation that is different from any other country in the world. Let us not undermine and erode our human rights by demonstrating the suppression of indigenous or ethnic languages. Just because they don't have a voice in this Parliament to protect their rights does not mean that those are not rights they would like to be protected.

I am reminded by the words of the democratic Constitution of the inclusion of a clause by the former MF leader, the late Amichand Rajbansi, who ensured the inclusion of a clause for the promotion, protection and preservation for everyone's faith, culture and religion.

Finally, the MF hopes that the happiness of all South Africans will increase like the price of fuel, that their sorrow will fall like the Zimbabwe dollar and that their hearts will be filled with joy, like the fraud and corruption that fills the eThekwini Municipality.

Mr J H JEFFERY


UNREVISED HANSARD

NATIONAL ASSEMBLY

Tuesday, 13 March 2012 Takes: 206 & 207


Mr R B BHOOLA

Mr J H JEFFERY: House Chairperson, hon members, our Constitution, the Constitution of the Republic of South Africa, Act 108 of 1996, was adopted by the Constitutional Assembly in 1996, after centuries of colonial and apartheid repression and exploitation, a protracted struggle for liberation and, lastly, intensive negotiations. Our Constitution is the product of that history. As one of the main architects of the Constitution, Cyril Ramaphosa, said in an article on the Constitution in City Press over the weekend, "The Constitution was not brought down from Table Mountain on stone tablets."

We need to recognise the historical context of our Constitution. It is a document from history and that history is recognised in the preamble. For the benefit of hon members on my immediate left in particular, I would like to read parts of it. The preamble to our Constitution sets out its historical context, and I quote:

We, the people of South Africa, recognise the injustices of our past; honour those who suffered for justice and freedom in our land; respect those who have worked to build and develop our country; and believe that South Africa belongs to all who live in it, united in our diversity. We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights; lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law; improve the quality of life of all citizens and free the potential of each person and build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.

In what is effectively the introduction to the Bill of Rights chapter, the Constitution reads:

This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.

The challenge facing all of us as South Africans is that we are a very unequal society, in which a large number of people live in conditions lacking in human dignity, where they are unable to enjoy the rights that are accessible to wealthier South Africans and where they are not free from want. The fact that this is the case nearly 18 years after the first democratic elections is not surprising given the enormous inequalities that have occurred in South Africa over the past 360 years. It is also not surprising that these inequalities are racially based. Those hon members here, or members of the public out there, who believe that we can forget about the past and move into what I think you call "an equal-opportunity society for all" without addressing the legacy of the past, I urge you to look at the statistics of the various racial groups on things like literacy and education, infant mortality and the employment of school-leavers and graduates, to name a few.

It is important that we, as a country, continually debate these issues to see where we can do better. We cannot be restricted from including as part of this debate a consideration of the provisions of the Constitution and whether improvements can be made. [Interjections.] To remind hon members, in particular the hon Leader of the Opposition, our Constitution envisages review. It envisages an annual review by a Joint Constitutional Review Committee. [Interjections.] We have amended the Constitution 16 times already. I think, hon Mazibuko, that all those 16 amendments were introduced by the Minister of Justice, from the executive. We currently have a 17th amendment before this house, introduced by the Minister of Justice, which deals, among others, with the powers of the Constitutional Court. That amendment is not about reducing the powers of the Constitutional Court but increasing them. Good grief! [Interjections.] Did you know that, hon Mazibuko? [Applause.] The amendment is in the Justice Committee and the issue we are debating there is this: As part of the political settlement in 1994, there was an agreement to keep apartheid judges. Prior to 1994, judges were appointed by the President in terms of Section 10 of the Supreme Court Act, Act 59 of 1959, and it read - I think you should listen to this, hon DA members:

Chief Justices, Judges of Appeal, the Judge President, the Deputy Judges President and all other judges of the Supreme Court should be fit and proper persons appointed by the State President under his hand and the seal of the Republic of South Africa.

That was then, pre-1994. No Judicial Service Commission, no wider public involvement - the President could appoint who he wanted from among the senior advocates and, not surprisingly, the H F Verwoeds, the B J Vosters and the P W Bothas appointed people who supported apartheid, many of whom regarded human rights as communist plot. [Interjections.]

So, in 1994, with the introduction of the supremacy of the Constitution with the Bill of Rights, the problem was: Do you give this group of predominantly conservative white men – there was only one white woman judge at the time - the power of adjudicating on the Constitution? So there was an agreement to set up a new court to hear constitutional cases. This new court, or Constitutional Court, could include people who were not judges or advocates, provided that at least four of the 11 members of the Constitutional Court were existing sitting judges. Therefore, at that point you had the Supreme Court of Appeal, which was the highest court of appeal, and the Constitutional Court, which was the highest court for constitutional matters and issues connected with decisions on constitutional matters.

One of the amendments in the Constitution's 17th amendment is to widen the power of the Constitutional Court to consider any matter that the interests of justice require them to consider. This would effectively give the Constitutional Court the power to consider any appeal and one of the questions we need to ask ourselves is whether we need two levels of appeal court - the Supreme Court of Appeal and the Constitutional Court. So, when you appeal from a provincial High Court to the Supreme Court of Appeal and you do not like the decision that comes out of the SCA, you can petition the Constitutional Court to hear you.

Is this the best system, hon Mazibuko, in a country where most people cannot afford lawyers? I am told, for example, that all the current members of the SCA were appointed post-1994. So, were the concerns that caused the creation of the Constitutional Court still applicable? Should the Supreme Court of Appeal and the Constitutional Court not be combined? These are all legitimate questions that we should be asking ourselves.

The Bill is with the Justice Committee and we are dealing with the matter. It was introduced last year. There was no fanfare, nor the gasps of horror we tend to be seeing now. We had public hearings, which did not get much coverage. We have met with some of the Supreme Court of Appeal judges and we will be meeting with the Constitutional Court judges next week. There is no party-politicking on this matter in the committee. In fact, there is a high degree of unity across party lines. We are endeavouring to come up with what is best for our judicial system.

Unfortunately, outside of the committee, these very rational debates have, hon Mazibuko, become clouded in hysteria. The leader of the largest opposition party – your leader, who ironically chooses not to take the position offered to her by the Constitution of leader of the opposition - accuses the ANC of having, and I quote:

... a heavily disguised plan to strip our Constitution of the checks and balances that empower people and limit the party's power abuse. If we allow that to happen, South Africa will become yet another failed transition to democracy, where people end up as oppressed as they were before they embarked on the struggle for liberation.

What rubbish! [Interjections.] For most of its 100 years of existence, the ANC has consistently advocated a Bill of Rights for South Africa, beginning in the 1920s with the Bill of Rights drafted by ANC president Pixley ka Seme, followed later by the African Claims Treatise of Alfred Xuma, writing in his capacity as president-general of the ANC and Secretary-Organiser of the Atlantic Charter Committee of South Africa. The African Claims Treatise document is dated 14 December 1943. There was also the ANC Youth League Basic Policy Document of 1948. [Interjections.]

Then, of course, we have the Freedom Charter, hon Maynier. When I'm talking about the Freedom Charter - you might have missed something here - we have a charter that, apart from stating emphatically that the people shall govern and be equal before the law, also had a specific section, which I think you may have missed, that all shall enjoy human rights. And throughout the 1950s, 1960s, 1970s and 1980s the programme of the ANC was a realisation of the demands of the Freedom Charter. [Applause.] It is only in the safety of a democratic South Africa of the last 18 years that it has become fashionable, hon Maynier, for others to claim allegiance to the Freedom Charter.

The ANC's Bill of Rights for a new South Africa of 1992 goes into great detail, including a right to judicial review, which stated that ...

... any person adversely affected in his or her rights, entitlements or legitimate expectations by an administrative or executive act shall be entitled to have the matter reviewed by an independent court or tribunal.

That is a provision in our Constitution! Quite frankly, it is mind-boggling that the ANC, the one organisation that has consistently and vociferously stood for democracy and human rights, and still does, can now be accused of wanting to tear up the legacy of the past 100 years. [Interjections.]

It is ironic that the people, hon Maynier, who, at best, stood silent or were actively involved in the promotion of or benefited from the crime against humanity that was apartheid should now be the ones who try and claim that legacy. [Interjections.] If one reads the Bible, Damascus moments are possible but in the South African context one wonders if they are real or merely expedient.

We are accused of wanting to undermine the judiciary and the discussion document, as we have heard from the hon Mazibuko and her smallest ID sidekick, on the transformation of the judiciary system and the role of the judiciary in the developmental South African state is a case in point. [Interjections.] The document evaluates how far the judiciary and judicial systems have transformed and is published for discussion, hon Mazibuko. The recommendations seem eminently practical, such as assessing how the executive is implementing laws and court decisions, enhancing the efficiency and integrity of the Judicial Service Commission and the Magistrate's Commission, and the role of the judicial education institute.

It also has a section proposing a research institution to assess the impact of Constitutional Court decisions on social transformation and the reform of law broadly. In this regard, I wasn't able to find any comprehensive research on the point but the fundamental question we should be asking, hon Mazibuko and hon Maynier and whoever else, is: Who is using the Bill of Rights to assert their rights? Is it primarily the advantaged or wealthy, or is it primarily the disadvantaged? While the Bill of Rights is available to everybody, it is primarily there to protect the disadvantaged, those who do not have the resources to stand up for themselves. Is this, however, the case? That is a legitimate question and not one to get to hysterical about.

It is extremely ironic that some of those who vociferously support freedom of information on the one hand - hon member from ID or the former ID - want to stifle such a debate and set up no-go areas in the public discourse. [Interjections.]

Mr J J MCGLUWA: Chairperson, I just want to raise a point of clarity. I am a member of the Independent Democrats, not the former ID. I'm a dual member of the Democratic Alliance.

Mr J H JEFFERY: House Chairperson, I'm worried that the hon member hasn't read his Rules. You can stand on points of order or ask questions, but there are no points of clarity. I hope this does not reflect his reading of the Constitution. [Interjections.]

What I was saying is that it is extremely ironic that some of those who vociferously support freedom of information on the one hand want to stifle debate, such as a debate on the Constitution, and set up no-go areas in the public discourse.

I want to end by going back to the theme of this debate. We have considerable challenges in our country, not least of which is poverty and inequality. We need to work together to overcome them. Let us avoid the hysteria. Let us avoid politicking for short-term party-political gain. Let us join hands, as the title of the debate says, to promote unity, diversity and human rights for all. [Applause.]

Debate concluded.

Mrs B N DLULANE

UNREVISED HANSARD

NATIONAL ASSEMBLY

Tuesday, 13 March 2012 Takes: 208 & 210


Mr J H JEFFERY

EMPOWER RURAL WOMEN - END HUNGER AND POVERTY

(Debate on International Women's Day)

Mrs B N DLULANE: Chairperson, hon members, let me take this opportunity to present what the ANC has asked me to do. Some of the most critical components of our struggle for freedom in this country was, first, the emancipation of women; second, the realisation of gender equality; and third, the establishment of a nonsexist society. The observation of 8 March as International Women's Day signifies the international community's solidarity with this cause but, most importantly, with the universal nature and character of women's struggle for equality and nonsexism in general.

The main purpose of this day is to highlight the plight of women, to promote their rights within the context of international peace, and to celebrate achievements in women struggles for gender equality. In celebrating this day in our Parliament today, we are using it as a yardstick to measure the progress we have made since the attainment of political freedom in 1994 and to highlight the challenges that remain in this long road towards equality and nonsexism. We do so within the context of the United Nations Commission on the Status of Women's framework theme, which is "The empowerment of rural women and their role in poverty and hunger eradication, development and current challenges".

We have adopted this theme since the presentation of our Minister and others to us in the UN's 56th Commission.

This theme is important because it brings focus to the rural population and recognises the vital role that women all over the world continue to play in the economic prosperity of their families, communities and countries. This theme is important also because it makes a call to countries to place the empowerment of rural women high on the agenda of national priorities.

In doing so, international communities would pay attention to the challenges faced by rural women, some of which are the following: There is a lack of access to decent and productive employment. It has become accepted over many generations that women work as unpaid labourers on family farms. The lack of skills development in farming further entrenches the lack of income-generating activities for rural women and the continued inaccessibility of formal and nonformal education. There is also a lack of access to land and little or no financial independence.

We can say that as South Africans we have addressed some of the problems I have just raised. The Ministries are aware of the land problem. We are getting there. Traditional leaders are assisting us in regard to women no longer being minors. Laws have been passed, but who must monitor the implementation of those laws if we as women of this Parliament do not come together with the agenda to look into and "domesticate" those laws. We cannot achieve anything by simply passing laws ...

Isixhosa:

... kule Ndlu yoWiso-mthetho.

English:

In South Africa today, the rallying call is the declaration of war on poverty, as is being championed by the Deputy President of our country. This is coupled with our country's commitment and plan to achieve the UN Millennium Development Goals. It is for these reasons that we affirm the continued importance and relevance of International Women's Day. The proclamation of this day by the UN was a crucial moment in our struggle of the 1970s, when the ANC was building international solidarity and mobilising the whole world against apartheid oppression. Indeed, it is a reality that today we are celebrating 100 years of a history that included the struggle against all forms of oppression of women. In this context, that proclamation was consistent with the perspectives and positions of the ANC.

The ANC as a liberation movement and a governing party today has a long history and progressive tradition of fighting for the eradication of patriarchy, the establishment of a democratic, nonracial and nonsexist society based on the principles of promoting gender equality. Its historical commitment, values and principles of promoting gender equality and building a nonsexist society has had an enormous influence and impact on the Constitution and on the laws pertaining to the promotion of women's rights in the postapartheid system of governance.

Today, it continues to champion these rights through some of its policies, including the following: a 50% gender parity quota in all its decision-making structures, such as the national executive committee, provincial executive committees, Cabinet and local government structures. We are appealing to members who are not members of the ruling party to try, even if it is hard ...

Isixhosa:

Liphelile ixesha lokuba oomama bahlale emakhitshini. Mabathetha namaqela abo malunga nokuba lo-50/50 aqale ukusetyenziswa.

English:

As South Africans, we have the highest number of women in key positions but that is not enough because some women Parliamentarians who are not in the ruling party do not implement the 50/50 principle in their political parties. As long as we have to fight to convince opposition political parties, we cannot achieve as South African women. I am not talking about ANC women only but South African women.

We must instil progressive values in society to address the challenges of gender, class and race. Advocating and promoting the policy of establishing a women's Ministry and the implementation of 50/50 gender parity policies were not easy - even women from the ruling party had to fight for that Ministry. This Ministry would have not been there if the women of the ruling party did not fight for it. That is why in the Multiparty Women's Caucus we are saying: "Let us look at the things that are not assisting us as South African women." We cannot fight to have a women's Ministry but then other women do not take care of it and are not forcing their parties to do so.

In the spirit of celebrating International Women's Day, it is imperative that we acknowledge and recognise the enormous progress that the country has made in the struggle for women's rights and the achievement of gender equality. In South Africa, the principles of gender equality and nonsexism are enshrined in the country's Constitution and therefore state institutions are legally required to put in place enforcement mechanisms. If the Constitution is saying that, what about political policies that do not comply? They cannot comply if we do not have women who hold ...

Isixhosa:

... ithi le nto ngesintu, ukubamba imela ngobukhali bayo.

English:

It's not only the ruling party that must do it.

Everyone is equal before the law and has the right to equal protection and benefit. In addition, the Constitution also prohibits any form of discrimination through the Bill of Rights, which states:

The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin ...

In the other debate just now we were talking about our Bill of Rights. Sometimes people claim that this is not about the ruling party but about the Constitution and that everybody is in agreement with the Bill of Rights - but they do not practice that.

Furthermore, the Constitution has entrenched an independent Commission for Gender Equality in terms of a Chapter 9 provision, which must promote respect for gender equality and the protection, development and attainment of gender equality as one of its main functions. Some of the commission's powers include monitoring, investigating, researching, educating, lobbying, advising and reporting on issues concerning gender equality, as defined - again - in the Constitution.

The commission's functions and the Bill of Rights, as stipulated above, have created a progressive constitutional and legal environment in which gender caucusing in politics and the promotion of women's participation in society can be effective. It forms the basis upon which various pieces of legislation, institutional mechanisms and programmes to promote gender equality have been established in South Africa since the advent of democracy in 1994.

Policies, legislation and measures that have been implemented to promote gender equality and to eliminate forms of discrimination include the Promotion of Equality and Prevention of Unfair Discrimination Act, Act 4 of 2000. However, can we as women parliamentarians monitor whether these pieces of legislation are implemented, reaching from legislatures to our rural women, if we do not have programmes that will take stock and allow us to see whether we have done enough in our oversight role?

In Parliament, an increase in women's participation is determined, in the first instance, by their number in the political parties that deploy them as public representatives. This in turn is dependent on their party's internal policies regarding the promotion of women and gender equality. The ANC's policy of 50% women representation in all its leadership has greatly impacted on the demographic representation in Parliament.

South Africa is internationally regarded as one of the countries with the highest number of women parliamentarians in the world. In addition to its policies, programmes and government interventions, the country subscribes to and has signed a number of international declarations on the promotion of gender equality, such as the heads of state and member states of the African Union's Solemn Declaration on Gender Equality in Africa and the UN Millennium Development Goals, MDGs. These include Goal 3, which promotes gender equality and the empowerment of women.

The 2010 Country Reports on Human Rights Practices have shown that South Africa has made progress in its quest for gender equality, particularly in terms of women representation and participation. The MDG Report showed that the number of women in the South African Parliament increased from 27% in 1994 to 44% in 2009. Similarly, representation in provincial legislatures increased. However, if all of us were looking at the gender question and at women holding key positions – which is why we have the multiparty women's caucus to share how we as the ANC do things – South African women would have been much further ahead and the stats would have shown that.

Progress has also been recorded in other areas, including an increase in the number of women participating at different levels in the labour market and in all facets of society in general. As a matter of policy, the country is committed to, and has numerous programmes aimed at, redressing gender inequalities. To this effect, the Ministry of Women, Children and People with Disabilities has been established with the aim of monitoring gender mainstreaming in government as a whole.

Notwithstanding the progress that has been made, the country is still far from achieving its goals of gender equality and a nonsexist society, as envisaged in the Constitution. The MDG Country Report has highlighted a number of challenges that still remain to be addressed in order to ensure that gender equality and women empowerment policies are translated into substantive improvements in the lives of women.

IsiXhosa:

Nje ngokuba silapha namhlanje sigqiba iminyaka elikhulu yeli rhamba linombala omnyama, omhlophe, oluhlaza namthubi siye sachulumanca kukubona kubhiyozelwa le minyaka. Oko kusenze sakwazi, siyile Palamemnte kazwelonke, ukuba sibize bonke abafazi nokuba ngabawaphina amaqela ezopolitiko ...

English:.

... to come together and have breakfast to celebrate with the women of South Africa their contribution over these 100 years ...

IsiXhosa:

... yeli rhamba limnyama. Ndithi ke masenzeni njalo. Mazen'thole ..

English:

... on that day women from different political parties, from the Black Sash and other organisations gathered at this Parliament. Let us keep on doing that, because we have a Ministry that can take us wherever we want to go.

IsiXhosa:

Sithi mayingabikho le nto yokuphathwa kakubi koomama. Oomama nabo mabanikwe ithuba kwimibutho yonke, hayi kulo wethu kuphela. Sithi mazen'thole ANC. [Kwaqhwatywa.]

Mrs H LAMOELA


UNREVISED HANSARD

NATIONAL ASSEMBLY

Tuesday, 13 March 2012 Take: 211


Ms B N DLULANE

Mrs H LAMOELA: Voorsitter, as 'n plattelandse vrou sal ek vandag my plig versuim as ek nie hulde bring nie aan Mev Wilhelmina Ruiters, 'n 46-jarige plaaswerker van Rocklands, wat met behulp van die Hauptfleisch Van der Merwe Stigting van Bronaar Plase haar studies as eerstejaar student in maatskaplike werk aan die Universiteit van Suid-Afrika, Unisa, begin het.

As gemeenskapswerker, het hierdie vrou twee jaar gelede haar matriek deur Adult Basic Education and Training, Abet, voltooi. Sy is tans druk besig om voor te berei vir haar eerste eksamen op 23 en 24 Maart aan Unisa. Trots was ek toe sy nogal erken het dat, alhoewel alles in Engels en nie in haar moedertaal, Afrikaans, gedoen word nie, sy niks sal toelaat om haar te verhoed om haar doel te bereik nie.

Nog so 'n vrou wat lank reeds besef het dat geletterdheid 'n kardinale rol in die bemagtiging van persone, veral in die platteland, speel, is Mev Stella Meduna. Toe sy nie 'n klaskamer in Uitenhage in die Oos-Kaap kon bekom nie, het sy 'n bus gekoop het en daarin 'n klaskamer begin. Sulke initiatief van vroue, wat lank reeds besef het dat honger en armoede deur geletterdheid bekamp kan word, moet aan die groot klok gehang word.

English:

Stella Meduna and Wilhelmina Ruiters, we salute you.

As the 2015 deadline for the Millennium Development Goals draws closer, the challenge to eradicate poverty and hunger and empower rural women goes beyond meeting the goals set. Success will be measured in terms of lives saved, of women uplifted, educated, skilled, resourced and improved to the extent of them being able to fend for themselves and their families.

Millennium Development Goal 3, and I quote from the report of 2011:

... is clear on the progress made by our country in increasing the proportion of women in decision-making positions in the political sphere and, as stated, ranks third globally on women's participation in Parliament. However, it failed dismally when it comes to progress made for rural women.

Prominent issues such as access to adequate basic and higher education for girls, a lack of gender-sensitive education, safety and the abuse of women and girls are but a few issues still violating rural women and girls' rights to freedom, dignity and equality.

Dissemination of information, which is a great tool for empowerment – especially for rural women – is of pivotal importance and should be considered a priority, so as to allow these women to be well informed about their rights - which they so badly need in our democracy and which are, in so many ways, often violated. Information should be distributed, especially in their own language, at libraries, information centres, in communities and on farms and, where necessary, explained, so as to allow women to take part in issues concerning their wellbeing. Far too few engage in programmes set out by departments, if it ever reaches them in rural areas.

Afrikaans:

Voorsitter, jong vroue in die platteland word daagliks met geweldige uitdagings gekonfronteer. Baie van hierdie jong vroue moet óf ver afstande aflê na die naaste skool – wat alreeds swak toegerus is – óf hulle moet onderwysers trotseer wat geensins toegewyd is nie en waar infrastruktuur een van hul grootste uitdagings is. Al hierdie faktore plaas geweldige druk op jong meisies, wat dan ook nog huishoudings moet bestuur waar ouers deur MIV/Vigs hulle ontval het.

Swak dienslewering op die platteland – en hier kan ons weer verwys na die oop-toilet saga van Viljoenskroon, waar die menswaardigheid van vroue, veral arm plattelandse vroue, geweldig bedreig word – het 'n beduidende impak op die lewe van vroue.

Twee weke gelede is rou menslike afval, wat in strate in Ritchie, Noord-Kaap uitloop, bespeur. Die gesondheidsrisiko op vroue en kinders het 'n negatiewe impak op die voortbestaan van arm plattelandse vroue. Leë beloftes van die huidige burgermeester, Me Anges Ntlangula, dra geensins by tot 'n beter lewe vir hierdie arm plattelandse vroue nie.

Hierdie toedrag van sake het 'n groot sosiopolitieke en sosioekonomiese impak op plattelandse gemeenskappe en, alhoewel ons groot strategiese planne het om armoede en die bemagtiging van plattelandse vroue in werking te stel, het ons reeds lankal vergeet van al die ongeimplementeerde stukke wetgewing waarby hierdie vroue so goed kon baat. "Food banks", soos dit bekend staan, kan groot uitkoms en verligting vir honger-geteisterdes in die platteland wees. Ongelukkig word dit slegs in groot dorpe of stede gevind. Plattelandse vroue is dus aan hul eie lot oorgelaat vir oorlewing.

Voedingskemas by skole op die platteland bring uitkoms vir kinders en selfs families, maar gedurende skoolvakansies is daar geen heenkome nie. Ons wil regtig nooit weer 'n situasie soos die een waar drie kinders in 'n mielieland in Noordwes omgekom het, wil waarneem nie. Gemeenskapswerkers moet hul plig nakom en help dat identiteitsdokumente betyds vir arme, soms ongeletterde plattelandse vroue bekom word.

Gereelde moniteering moet geskied om projekte wat geïmplementeer word, te evalueer. Nie-regeringsorganisasies implementeer reeds 60% van wetgewing, tog word hul toelaes hul ontneem, soos nou weer die geval in plattelandse dele van Limpopo. Is dit hoe ons vroue wil bemagtig?

Hierdie situasie dra by tot versukkelde omstandighede en groot uitdagings tot oorlewing op die platteland. Besprekings van hierdie situasie met provinsiale departemente is van kardinale belang. Hierdie instansies gaan reeds gebuk onder groot tekorte van broodnodige dienste soos byvoorbeeld maatskaaplike werkers, om net een te noem.

English:

The Phelophepa Train with its 17 carriages could, for the past 17 years, only reach five of the nine provinces of our country. Budget constraints are given as the main reason. This train provides health care services to the poor in the rural areas. Witzenberg – which consists of Ceres, Wolseley, Tulbagh and Op-die-Berg, with approximately 1 200 farms and 80 000 residents – will never have the privilege of sharing our health care services from this train, as the railway line between Wolseley and Ceres had been closed down in 1995, without any participation of the community on this matter. Public-private and government partnerships need to be explored so as to allow this community to take part in much needed services rendered by the Phelopepha as well as the Lovelife trains, as teenage pregnancies and tuberculosis, TB, are growing and these young girls will again become the victims of poverty, abuse and hunger. Urgent measures surrounding these issues should be investigated.

Afrikaans:

Terwyl daar redelike vordering met die implementering van sekere stukke wetgewing rakende vroueregte gemaak is, moet ons aan u oordra dat vroue, en veral arm plattelandse vroue, nie meer bereid is om te wag op beter dae wat deur leë beloftes aan ons voorgehou word nie. Daadwerklike optrede in familie verband, waarby mans en seuns ingesluit word, om gouer grote hoogtes in gelykheid van vroue te bekom, is kritiek. Beleide rakende die welstand van vroue, veral in plattelandse gebiede moet bespoedig word, om sodoende doelwitte te kan bereik, veral omdat die grootste persentasie van plattelandse vroue nog nie op 'n onafhanklike inkomste kan staat maak nie. [Tyd verstreke.] [Applous.]

Mrs B C DIEMU


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NATIONAL ASSEMBLY

Tuesday, 13 March 2012 Take: 211


Mrs H LAMOELA

Mrs B C DIEMU: House Chair, five days ago, on 8 March, the world celebrated International Women's Day. Today we celebrate this day under the theme, "Empower Rural Women - End Hunger and Poverty". Yes, the theme is indeed suitable for the current status of many women in our country, not just rural women. In 2008, 68% of African women were living in poverty, compared to 60% of African men. In three predominantly rural provinces – Eastern Cape, KwaZulu-Natal and Limpopo – 60,1% of women were living in households with an income below the poverty line.

Poverty is the principal cause of hunger. According to the United Nation's general facts about poverty, more than 800 million people in the world go to bed hungry every day, and 500 million of these are adults.

IsiXhosa:

Apha eMzantsi Afrika kukho abantu abadala ababulawa yindlala kodwa abaziwa. Akutshiwo ukuba indlala ngunobangela wokusweleka kwabo. Indlala ibangelwa kukungabikho kwamathuba engqesho, ukungabikho kwezakhono, ukungafumani mathuba okufunda, kwanokungafumani amalungelo okuba nomhlaba nemali-mboleko. Nanku ke umbuzo: Ungakanani umgama osele uhanjiwe ngurhulumente ukuqinisekisa ukuba abasetyhini bafumana umhlaba ngaphandle kwezithembiso nokuzinikela?

English:

Many rural women are involved in communal farming, which is the most neglected sector. We only ever hear about small-scale and commercial farmers. What is the government doing to assist these communal farmers in terms of land, skills, access to markets and credit? How many women are the beneficiaries of land restitution?

IsiXhosa:

Bangaphi abasetyhini abazingomba isifuba besithi: "Lo mhlaba ngowam."

English:

The Department of Women, Children and People with Disabilities should lobby all government departments and the private sector to mainstream the microfinance needs of rural women, who are economically marginalised. These women will revive the depressed rural areas' economic outlook, create jobs and reduce poverty.

Hunger is also a cause of poverty. Hunger causes malnutrition and poor health indicators. It can lead to even greater poverty by reducing people's ability to work and learn. Poverty in rural areas means having to walk long distances every day in order to collect water and firewood.

IsiXhosa:

Ukuyokukha amanzi emlanjeni kulindeleke ukuba kube yingxaki enkulu ngenxa yokuguqu-guquka kwemo yezulu. Ukuhamba umgama omde usiya kukha amanzi okanye usiya kutheza iinkuni kubeka abasetyhini esichengeni sokuba ngamaxhoba odlwengulo nohlaselo.

English:

In the 2009 state of the nation address, rural people were promised comprehensive rural development in order to develop vibrant, equitable and sustainable rural communities. We acknowledge the pilot projects in some rural areas.

IsiXhosa:

... nangona abantu basemakhaya besalindele ukuza kukaNxele.

English:

Please, roll out the programme.

IsiXhosa:

... iyafuneka. Enkosi.

Mrs C N Z ZIKALALA

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Tuesday, 13 March 2012 Take: 212


Mrs B C DIEMU

Mrs C N Z ZIKALALA: Chairperson, the IFP welcomes the debate. However, I will hasten to add that women still suffer and bear the brunt of poverty, disease, unemployment and social ills. KwaZulu-Natal has a larger proportion of females than males and women carry a heavier burden of poverty. Women are more vulnerable to HIV and Aids. Women and children are being trafficked across the world as commodities to be bought and sold.

Even more disturbing is the fact that some families are grooming their daughters for prostitution. Is this the type of society we want for our children? Where are the moral, spiritual and social values? As a mother, daughter and grandmother, I shudder to think how we can be grooming our children to sell their bodies through prostitution and sell their flesh for money and material comforts. Is our country becoming another Sodom and Gomorrah?

While it is true that we have attained legal equal rights for women, there is still much that needs to be done for social practices and prejudices to catch up with legal precedents. How can we boast of all the accomplishments when our women are dying of Aids, are still being raped, abused and left in the dire straits of poverty?

So, today we should also take the time to reflect on areas where we have fallen short of the noble ideals of our Constitution because rights on paper do not always translate into rights in practice. In fact, we are finding that as women achieve freedom in some areas, their freedom in other areas is being lost.

Women now have equal access to jobs, but jobs are just not there. Women are still being harassed at the workplace. Women are still not economically empowered. Pass laws are gone, but the streets are too dangerous for women. Women still cannot walk the streets at night or during the day. Apartheid planning has ceased, but informal settlements are growing. Child-headed households are on the increase.

There are too many women still relying on men for an income; too many sugar daddies; too much abuse. [Interjections.] Can we say we have done enough? The answer is no. This means we need to focus on the bigger picture of rapid and sustained economic growth.

It was the leader of the IFP, Prince M G Buthelezi, who told us that there is nothing that women cannot do. Let us come together and ensure that the struggle for women's rights continues. Let us do the impossible. Let us fight to ensure that women are truly free. Mama Dlulane, the IFP is doing the job. I am really doing what she says the opposition parties must do. She says we are not helping to fight, but just last week Mr Ndlovu issued a statement on behalf of women, which was discussed in the caucus. This is how the IFP is. [Applause.]

Mrs S U PAULSE


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Tuesday, 13 March 2012 Take: 212


Mrs C N Z ZIKALALA

Mrs S U PAULSE: Chairperson, each year Women's Day is celebrated globally on 8 March. This year we proudly support the theme, "Empower rural women – End Hunger and Poverty". Women are the cornerstones of families and communities. They are our caregivers. They are our mothers, aunts, sisters and daughters. They are often breadwinners or sole providers.

On the African continent, women contribute more than 70% of the total food production. They plough the land and raise the livestock. Strong and caring, resolute and determined, these are the images of women in even the most destitute areas of our country. Natural disasters and climate change often have the worst and greatest impact on women. They are first to go hungry in order to provide for their children. They are first to go cold through many winter nights in order to keep their children warm.

Women play a very important role in agriculture and rural development yet remain one of the most vulnerable groups in the society. It is sad to know that almost three years ago, the Department of Women, Children and People with Disabilities was established with the mandate to facilitate the advancement, empowerment and socioeconomic development of vulnerable people, including women. To date, this department has done very little to improve the plight of vulnerable women.

Afrikaans:

Volhoubare ontwikkeling kan slegs bereik word mits vroue op gepaste maniere bemagtig word. Vroue se begrip van hul omgewing en die probleme wat daarmee gepaard gaan, is uniek en moet ingespan word ten bate van hul gemeenskappe. Die eerste stap om dit te doen, sou wees om landelike vroue te bemagtig deur hul as instrumente te gebruik in die oorlog teen hongersnood en armoede. Die beste opsie sou wees om vroue in die landbousektor op te neem en op te lei. Ons Grondwet waarborg universele menseregte en is geskoei op die beginsels van menswaardigheid, gelykheid en vryheid. Ons het dus 'n verantwoordelikheid teenoor ons moeders, susters, tannies en dogters om hul regte te beskerm en te bevorder. [Applous.]

Mrs C DUDLEY


UNREVISED HANSARD

NATIONAL ASSEMBLY

Tuesday, 13 March 2012 Take: 212


Mrs S U PAULSE

Mrs C DUDLEY: Chair, before turning my attention to South Africa on this International Women's Day, my thoughts have been turned to women in the Middle East. I am reminded of one Middle Eastern woman in particular at this time. As the sun set on Thursday 8 March, the eve of International Women's day, it marked the time prescribed in Esther, chapter 9, for Jews to remember their deliverance from the plans of the then prime minister of the Persian Empire, to exterminate them. Esther, chapter 4, verse 14 records Mordecai's challenge to Queen Esther:

If you remain silent at this time, relief and deliverance for the Jews will arise from another place, but you and your father's family will perish. And who knows but that you have come to royal position for such a time as this?

Jewish people face a disturbingly similar situation today as the prime minister of Iran, the Persia of old, threatens to destroy Israel. Iranian president, Mahmoud Ahmadinejad, is quoted as saying: "This origin of corruption ..." - referring to Israel – "... must be wiped off the face of the earth." This statement amounts to incitement to genocide by a nation, which is contrary to the International Convention on Genocide to which South Africa is a signatory.

Thousands of Iranian missiles are aimed at Israel and Iran funds the armies of Hezbollah in Lebanon and Hamas in Gaza. Both express similar aims. Currently, Iran, formally Persia, is developing nuclear capabilities, which, they claim, will be used for peaceful purposes. All things considered, is it any wonder that Israel feels the need to defend itself - its men, women and children?

South Africa is one of the few countries in the world that supports Iran's nuclear programme. We also abstained from the UN resolution to send the issue of Iran's nuclear programme to the Security Council. Yet, South Africa is the only country in the world to have developed nuclear weapons and then destroyed the entire programme, an example all people in the Middle East Region would benefit from if Iran were encouraged to follow suit, women and children no less. What will our silence cost not only the people of Israel, the people of Iran and the entire Middle East but also the people of South Africa?

Women in Africa are also key to saving lives, as nearly three-quarter of South Africa's food is produced by women. In South Africa, half a million families grow food and raise animals at subsistence level or below and the vast majority of those families are women-headed. Food security requires market access and doubts have been raised regarding the budget's ability to enable women to gain access where it is needed. A huge difference could be made for thousands of women farmers, if, for example, rail upgrades were to include rural stations, rural and small-town marketplaces were regenerated and degraded roads were repaired.

After 101 years of celebrating Women's Day internationally, its success is said to be measured by three things: The level of increased awareness for overcoming inequalities for women; the levels of action and finance that are allocated directly ... [Time expired.]

Mrs G K TSEKE


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Mrs C DUDLEY

Setswana:

Mrs G K TSEKE: Modulasetilo le Maloko a a tlhomphegang a Palamente...

English:

... I am honoured and humbled to be part of this debate on the celebration of the International Women's Day. International Women's Day events are observed and celebrated annually, in honour of women's advancement. They also diligently remind us of the continued vigilance and action required to ensure that women's equality is gained and maintained in all aspects of life. It is a day to reaffirm our commitment to the work done by women towards economic, political and social achievement of women's past, present and future. The IWD event, as it is commonly known, is celebrated worldwide, ranging from small informal gatherings in the dusty streets of Marapyane to large, highly organised events.

Allow me to quote uTata Nelson Mandela when he said at the opening of Parliament in 1994, "Freedom cannot be achieved unless women have been emancipated from all forms of oppression."

As we celebrate this day, we need to ask ourselves: Are things getting better for the rural women of South Africa or worse or are they staying the same? If things are getting worse, as a patriotic citizen of this country, I am asking: Why are they getting worse? What is it that I can do as an individual and as part of the collective to address them? If they are getting better, the question arises whether they are getting better fast enough for women who have been subjected to oppression for hundreds of years. In this case, I will align myself with the President of this country, J G Zuma, when he said, "We must work harder, faster and smarter so that we can be able to change the lives of the women of this country and the people of this country."

Approximately 52% of South Africa's total population is women and, of this, almost half - 47% - are living in the rural areas. Thus, it is imperative that poverty alleviation and skills development programmes should target women in their individual capacities as the heads of households. Efforts towards achieving the Millennium Development Goals, MDGs, will not be credible without the full and equal participation of rural women in decision-making.

Fortunately, our country is on track in terms of women representation in Cabinet, legislatures and local government. More attention should be given to the public administration, private sector and other civil organisations.

Rural women have the greatest difficulty in accessing education, health and other basic services. Where there is no running water, they are the ones who have to walk long distances to fetch water from the rivers, to be used by entire households. They are the ones who have to go into the bushes and collect wood so that children do not go to bed on empty stomachs. They are literally keeping the fires burning and keeping families together while many rural men are working and caught up in urban areas.

As young women, we want to thank, acknowledge and appreciate all the women of this country, as well as to honour the capable leadership of women such as Ms Lilian Ngoyi, Mrs Sophia de Bruyn, Ms Charlotte Maxeke, Mrs Albertina Sisulu - the list is endless. We salute all the women for their sacrifice and dedication to the struggle for a nonracial, nonsexist and a democratic society. We have seen a number of programmes, policies and initiatives that continue to give life to women out there. We acknowledge the progress we have made thus far, but much more still needs to be done.

Setswana:

Fa re dira mmogo, re tla fenya. Maloko a a tlhomphegang a Palamente, mokgatlho wa ANC ke mokgatlho o o reetsang e bile o na le dikgatlhego tsa bomme le setšhaba ka kakaretso. Fa o lebeletse mananeo a thuto a naga ya rona, a tokafetse. Re bone dipholo tsa marematlou mo ngwageng o o fetileng di re itumedisa. Re bona baithuti ba le bantsi kwa dikolong e le basetsana e bile kamogelo ya bona kwa dikolong e kwa godimo. Le fa go na le mathata a mangwe a a dirang gore ngwana wa mosetsana a seka a fetsa sekolo, puso e e eteletsweng pele ke mokgatlho wa ANC e etse seno tlhoko e bile e a se sekegela.

Modulasetilo, re rata go akgola Mme Nomvula Mokonyane fa a neile baithuti ba marematlou ba le 1705 madi a go ya go tsweletsa dithuto tsa bona pele. Gareng ga palo eo, ba le 1200 ke basetsana. Re a go akgola mme, o ka se ikotlhae. Fa o ruta ngwana wa mosetsana o ruta setšhaba. Re dira boikuelo go diporofense go ralala naga gore ba dire jalo gore lehuma mo nageng ya rona le se itelekele. Re dumela gape gore mananeo a tshwana le porogerama ya TechGirls a a rotloetsang le go ngoka bana ba basetsana go fitlhelela kitso e e farologaneng kwa ditirong, a a bileng a ba rotloetsa go dira dirutwa di tshwana le dipalo le saense, a botlhokwa. Re kopa gore a atolosetswe le kwa metseselegaeng ya rona.

English:

House Chairperson, although rural women are assuming an increasingly prominent role in agriculture as producers of food in developing countries, they remain the most disadvantaged in the sector. The UN Food and Agricultural Organization estimated that rural women were responsible for half of the world's food production and produced between 60 to 80% of the food in most developing countries. They find it more difficult to gain access to valuable resources such as land, credit, agricultural inputs, training and services that would enhance their production capacity. Since they are less educated, they also lack the ability to handle the bureaucratic aspects of obtaining loans.

Women's co-operatives need to be strengthened and supported so that the number of hungry people in our world could reduce by as much as 150 million, and the total agricultural output could rise by up to 4%. Another challenge is the lack of network and access into marketing facilities. Rural women are exploited in the sense that intermediaries will buy their products at low prices and then sell them at higher prices, thus making a huge profit.

Setswana:

Modulasetilo, re le mmuso o o eteletsweng pele ke ANC, re tsere boikarabelo go tokafatsa matshelo a batho. Re dumalane gape gore ditiro tse di maleba di tla ya kwa metseselegaeng; ra itlama gore thuto e tla fitlhelela batho botlhe go sa kgathalesege gore o wa mmala ofe le gore metseselegae ya rona e tla tlhabololwa gore batho ba fitlhelele metsi le ditsela, mabala a metshameko le maokelo. Gape re ikaelela go busa mengwaga e e fetang sekete e e tlang. [Legofsi.]

English:

In conclusion, let me remind the people of this world that it is a violation of human rights when women and girls are sold into slavery or prostitution. It is a violation of human rights when women are dosed with gasoline, set alight and burned to death because their marriage dowries are deemed too small. It is a violation of human rights when individual women are raped in their own communities and when thousands of women are subjected to rape as a tactic or a prize of war. It is a violation of human rights when a leading cause of deaths worldwide among those aged 14 to 44 is the violence they are subjected to in their own homes. It is a violation of human rights when young girls are brutalised by the painful and degrading practise of genital mutilation.

If there is any one message that should echo forth from this House it is that human rights are women's rights and women's rights are human rights. Ladies, you are the mothers of our future world. You are precious, you are special and are the mothers of our sons and daughters. Be humble and proud because you are entitled to a lovely and vivid name. Enkosi. [Thank you.] [Applause.]

Mrs I C Ditshetelo

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NATIONAL ASSEMBLY

Tuesday, 13 March 2012 Take: 214


Mrs G K TSEKE

Mrs I C DITSHETELO: Chair, the United Nations, UN, reports that the number of women living in poverty continues to increase disproportionately to the number of men, particularly in developing countries, South Africa being one of them. Poverty is particularly acute for women living in rural households. Women's poverty is directly related to the absence of economic opportunities, lack of access to economic resources, credit, land ownership and inheritance, limited access to education and minimal participation in decision-making processes. More often, poverty forces women into situations in which they are vulnerable to sexual exploitation. Women contribute to the economy and to combating poverty through both remunerated and unremunerated work at home, in the community and in the workplace.

The economic empowerment of women is therefore of critical importance to the eradication of poverty. Women are mothers, givers and nurturers of life. We are born of women and we all carry a responsibility to change the status quo of women as it relates to poverty. The feminising of poverty is unacceptable. We must all condemn in the strongest terms that in the world women produce about 80% of food yet own 1% of land.

When the majority of people living in poverty are women, it means the majority of our children live in poverty, and that is a sad state of affairs. We who are gathered here are the voice of those voiceless women. As much as we must magnify the issues of rural poverty and more, we must be mindful of our responsibilities and suggest ways in which problems can be addressed.

Among other things, we must restructure and target the allocation of public expenditure to promote women's economic opportunity and equal access to productive resources. We must address the basic social, educational and health needs of women, particularly those who live in rural areas. We must continue to formulate and implement specific economic, social, agricultural and related policies in support of rural female-headed households. We must at all times strive to be empathetic to women's poverty and make an effort to affirm women in their daily struggles. Each one of us here can make a difference. [Applause.]

Mr R B BHOOLA

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Mrs I C DITSHETELO

Mr R B BHOOLA: House Chairperson, women are the first victims of any crisis and face tremendous challenges but have the required patience as they demonstrate complete determination, marching forward trying to change their hopes into reality and their desires into magnificent joy and overwhelming success. The MF strongly believes that government must develop specific policies, including relief in income tax, engagement of self-help groups and microfinance to show positive results around the advancement of women.

The UN Charter signed in 1945 was the first international agreement to have formed the purposes of equality between men and women. Sonia Gandhi said: "Women should understand that daughters and sons were equal in every aspect and should be given equal opportunities." The notion that rural women should stick to the home and are politically inept is an inaccurate assessment. The mobilisation of women throughout the global arena is crucial for meaningful change and the centred struggle for equality, peace and development. However, 70% of the world's poor live in rural areas, and 70% of the world's poor are women. No segment of rural society experiences the burden of rural poverty and hunger like rural women.

If we are serious about achieving sustainable development, peace, security and full respect for human rights, the empowerment of women must be a central feature for South Africa to help address social, economic and political challenges across the world. Women will continue to endure hardship in every facet of life unless we reach consensus that the eradication of their challenges is a national priority. Measures to address these challenges should be formulated and implemented in consultation with rural women until victory is achieved, delivering all women from poverty and hunger.

The MF notes that women throughout the world have demonstrated great passion in the service of their country and community, even juggling the demands of career and family. In doing so, women provide the much needed social glue that bonds families and countries together. They make a boundless contribution to the world and this is likely to continue and accelerate. [Time expired.] [Applause.]

Mrs A STEYN


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Tuesday, 13 March 2012 Take: 214


Mr R B BHOOLA

Mrs A STEYN: House Chairperson, we are debating International Women's Day today to recognise that in order to secure peace, social progress and the full enjoyment of human rights and fundamental freedoms we require the active participation, equality and development of women. We also want to acknowledge the contribution of women to the strengthening of international peace and security.

For the women of the world, the symbolism of this day has a wider meaning. It is an occasion to review how far we have come in our struggle for equality, peace and development. In our plight to empower women, we need to assess the current status of rural women. The DA realises that women's poor access to infrastructure in rural areas limits their opportunities to reduce poverty and hunger.

Rural women spend more time than urban women and men in reproductive and household work, including time spent obtaining water and fuel, as well as caring for children and the sick. Collectively, women from sub-Saharan Africa spend about 40 billion hours a year collecting water. This is because of poor rural infrastructure and services, as well as culturally assigned roles that severely limit women's participation in employment opportunities. This is also the case in most rural villages in South Africa.

As an important source of livelihoods for the poorest, agriculture is a means to eradicate extreme poverty, especially for rural women. More than 60% of employed women in sub-Saharan Africa work in agriculture. The substantial involvement of rural women in agriculture primarily as unpaid or contributing family workers highlights the importance of developing policies and programmes that address the needs, interests and constraints of women in the agricultural sector.

The UN Food and Agricultural Organization estimates that rural women are responsible for half of the world's food production and produce between 60% and 80% of food in most developing countries. Despite their contribution to global food security, women farmers are frequently underestimated and overlooked in development strategies.

Improving agricultural productivity is a key component in economic development. This includes the revamping and strengthening of extension systems to be more responsive to and inclusive of women; addressing structural barriers to women's access to productive resources; and improving financial systems to respond to the needs of rural women producers and entrepreneurs.

Environmental degradation has a great impact on natural resources, which rural women rely on for their livelihoods. Reduced quality and availability of land, game, forests and aquatic resources increase rural women's time burden and reduce their capability to cope with shocks and climate change.

This is a tip for the 2014 elections: Research suggest that women express more concern for the environment, support policies that are more beneficial to the environment and tend to vote for leaders who care about the environment. Remember that in 2014!

For rural women and men, land is perhaps the most important household asset to support production and provide for food, nutrition and income security. An international comparison of agricultural census data shows that due to a range of legal and cultural constraints in land inheritance, ownership and use, less than 20% of landholders are women. This drops to less than 50% in sub-Saharan Africa.

In most sub-Saharan countries, information problems surround the use or ownership of land. In many places, it is not clear who owns what land; how long they have used the land; or if they have any claim to the land. Historically, land titles were registered in the name of a male household head, regardless of women's contribution to the household. Traditional customary law can have the effect of counterbalancing equality legislation. Women are generally not represented on rural traditional structures and many traditional customs do not allow women to inherit land, making it difficult for them to be owners and producers.

In addition, the traditional barriers to land ownership increase the risk profile of women by financial institutions. Tradition can therefore compound the vulnerability of rural women. Ownership rights are critical to securing a sustainable livelihood and income. The lack of these rights is one of the main sources of women's insecurity. When women own and control resources and family assets, they have increased decision-making power in the household and are more like to allocate resources to support the welfare of all family members, so reducing poverty and hunger.

Another key to ensuring rural women's empowerment and eradicating poverty is to address power relations and persistent norms and beliefs that maintain gender-based violence. According to a multicountry study conducted by the World Health Organisation, WHO, rural women report more experiences of physical abuse than urban women. Police, counselling and legal services may be more difficult for women to access in rural areas than urban areas, due to distance, lack of transport and distance to services.

In conclusion, our Constitution contains many rights that are meant to benefit all women and will improve the quality of life for even the poorest woman in rural areas. It is therefore our collective responsibility to ensure the implementation of programmes aimed to empower women of South African in an attempt to reduce poverty and hunger. [Applause.]

Mr M JOHNSON


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Mrs A STEYN

Mr M JOHNSON: Chairperson, comrades and colleagues, some 101 years ago 8 March was a socialist holiday that was originally established by the Socialist International. It is now celebrated by women's groups around the world. In many countries it is a national holiday and it has been officially recognised by the United Nations. We say thank you to Clara Zetkin.

On 09 August 1956, progressive women in South Africa, ably led by none other than our own Aunt Sophia de Bruyn, Lilian Ngoyi, Lillian Diedericks, Florence Matomela and Helen Joseph, were influenced by the socialists of the world and clearly determined to emancipate themselves and the nation from apartheid colonial order, whose legacy remains with us even today. They proclaimed, "Wena Strydom, wathint'abafazi, wathint'imbokodo, uzakufa!" [Strydom, you strike the women, you strike a rock, and you will die!]

Women in the rural areas continue to be hardest hit by being exploited by the colonial land thieves as tillers of the soil - soil stolen from them and their forebears by force. They were oppressed as black women by the racist system of apartheid. At home, patriarchy perpetually renders our homes a battleground against male chauvinism.

If we had to dig into this issue, or if we had a Truth and Reconciliation Commission on land, I am certain - I say this to hon members here on the left - the truth would have come out about whose land they continue to own to this day. [Interjections.]

That became a South Africa colonised by white settlers, who settled in the same areas and shared the same borders with the colonised, the African people, but they were in control of the means of production. While the apartheid laws entrenched this special type of colonialism, a number of us as men continued to subject women, viewing them as objects for the kitchen and regarding certain chores as the domain of women. From time immemorial, women have been at the forefront of fending for their families and communities in rural areas while the men had gone out looking for work in the mines and factories in urban settlements.

Once again, "When you teach a progressive women, you empower a nation." That remains our battle cry in the emancipation of women. You don't just teach any women, but a progressive woman ... [Applause.] ... because many of the women out there lead parties but there is a big question mark behind whether they continue to be progressive or not. [Interjections.]

Our wonderful Constitution, which we fought and died for, marked a welcome departure from our ugly apartheid past by reconceptualising access to land for the previously disadvantaged, especially women, as a basic human right through restitution policy and land tenure and redistribution programmes. In short, women's rights are human rights. Furthermore, in 1997 our constitutional principles gave rise to a gender policy in land reform. Its main task remains that of ensuring gender equity in land access and the effective participation of women in decision-making.

Comrades, the New Growth Path and Integrated Growth and Development Plan enjoin us, and I quote:

There is growing consensus that creating decent work, reducing inequality and defeating poverty can only happen through a new growth path founded on a restructuring of our South African economy to improve its performance in terms of labour absorption as well as the composition and rate of growth.

Key among the drivers of this consensus is infrastructure and added value chains in agriculture and mining, among others. As we move towards land and agrarian reforms, the role of rural women becomes important not only in participating in the land acquired through state assistance but more in the area of THE processing of primary products produced from the land and with other added value and access to markets. These form part of the restructuring of our economy with the aim of creating new jobs and establishing new businesses through value addition in our primary products.

Alongside the New Growth Path, the Integrated Growth and DevelopmentPlan, IGDP, 20 Year Vision must be shared in order to bring food to the country and to the nation. Agroprocessing is at the centre of these development plans. As the people living with disabilities proclaimed, "Nothing about us without us", so rural women shall declare.

South Africa can no longer afford to be a net importer of processed food. South Africa cannot be an importer of beef, chicken, potatoes, sugar and wheat, among others, while we have an abundance of land, skill and women personnel in rural settlements.

HON MEMBERS: Hear, hear!

Mr M JOHNSON: In meeting the Millennium Development Goals, MDG, targets, the empowerment of women in the field of training and employment becomes critical. President Oliver Reginald Tambo, declaring 1984 the Year of Women, had the following to say about the emancipation of women:

It will be our special task this year to organise and mobilise our womenfolk into a powerful, united and active force for revolutionary change. This task falls on women and men alike – all of us together as comrades in the struggle. We wish to stress the need at the present hour for the emergence of a political scene of a women's movement that is politically and organisationally united.

Our struggle needs and demands this potentially mighty force. Our struggle will be less than powerful and our national and social emancipation can never be complete if we continue to treat women of our country as dependent minors and objects of one form of exploitation or another. Certainly no longer should it be that a woman's place be in the kitchen. In our beleaguered country that woman's place is in the battlefront of our struggles.

Fellow South Africans, marching alongside the women of our country we shall conquer the stereotypes of male chauvinism in our society, for we believe in equality. It is our task, through responsibilities and concrete programmes, that as Parliament, government and business, in the mines, on the sea and in society in general, women are given tasks they deserve as equally as their male counterparts, ourselves. Our traditional leaders, largely male, are urged to play their role in empowering the women of our country through opportunities like land ownership and businesses associated with this.

The threat of climate change demands of all of us to close ranks -women and men, black and white, rich and poor. Droughts and floods hit the vulnerable and the poor the hardest for they have very little means, if any, to fend for themselves. Rural women are the most immediate targets of these disasters.

Through empowerment and being accorded responsibilities, the women of our land will have the ability to stand tall and be counted among the many in society who are independently rising to the challenges imposed by apartheid colonialism.

The white liberal women in some nongovernmental organisations, NGO, must stop being the voice of rural women. They have a responsibility to empower and accord them with opportunities to rise to the challenges of exploitation and stereotypes of male patriarchy in our society.

As part of driving empowerment, training in a variety of skills becomes urgent towards real mainstreaming of gender equity, both in government and business and society in general. Equally important is accessibility and affordability in finance for our farming womenfolk in the rural areas. Procurement from rural women involved in farming, among other activities, by correctional service centres, schools, hospitals and other centres of government will certainly go a long way towards growing rural women's businesses.

In conclusion, listening to the hon member Lamoela, no amount of patronising shall empower our rural women. They have a voice and the power and energy to articulate their own plight when the opportunity to be empowered. What can you expect from a liberal, by the way? [Interjections.]

Here is a tip for 2014 for the hon Steyn: Watch the space when some DA members shall openly be declaring their ANC affiliation, come 2014. [Laughter.] [Applause.] Once again, you teach a woman, you empower a nation. Malibongwe! [Praise to the women!] Wathint'abafazi! Wathint'imbokodo! [You strike the women, you strike a rock.] I love you all. [Laughter.] [Applause.]

The HOUSE CHAIRPERSON


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Mr M JOHNSON

Mr M JOHNSON

The HOUSE CHAIRPERSON (Mr M B Skosana): Order, hon members. I'm glad that I didn't hear the phrase "corrective rape". There is nothing like corrective rape. It is rape, and it is a heinous crime. If you say "corrective" rape, you are legitimising the act. I think we should all tell our own people at home that there is nothing like corrective rape. It is just rape.

Debate concluded.

FOURTH ORDER


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THIRD ORDER

CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON TRADE AND INDUSTRY ON REPORT OF THE GAMBLING REVIEW COMMISSION

Ms J L FUBBS: Chairperson, hon members of this House, compatriots, people of South Africa, we bring to this House the unanimously adopted report on the Gambling Review Commission, GRC. May I add that we have been seized for more than two years with issues around the gambling industry, ever since interactive gambling reached our committee in June 2009 and on which we reported as early as June 2010. Since then, and following on the GRC report, the Portfolio Committee on Trade and Industry and the Subcommittee on Gambling has grappled with the complexity, the concurrent powers of the provinces, the wide reach of gambling, legal and illegal, and the socioeconomic impact on our people, our communities and our country.

Of course, there are also the unintended consequences of gambling, including Internet and online gambling. Many of the inequities in the horse-racing industry, arising from the principal Act, are now challenging all of us. This kind of environment is challenging and, certainly, regulating and trying to develop robust and realistic regulatory frameworks and regulation is not easy.

Indeed, as stated in the report, the socioeconomic impact and issues must be addressed and all gambling operations - all of them, including the Internet and online gambling operations - must contribute to the socioeconomic development of our country.

Yes, it is important that issues of effective redistribution of funds through agencies such as the Distributive Agencies, DAs, in the national lotteries are in line with the country's priorities and are not pet projects. Good health is important - I will be the first to say so, having just spent a couple of days in hospital - and encouraging sport across the racial profile can benefit all of us. Certainly, the development of and the critical role that arts and culture can play in any nation, especially one with such a rich diversity woven into one national tapestry, South Africa, is very important.

Though the National Lotteries Act intended that specific sectors, especially the vulnerable, would benefit, the reality is that this has been abused. The committee did try to address this in its recommendations. We believe that the time has come to expand the sector specifics and focus on the deserving and the vulnerable in other areas.

The National Lotteries Act needs to be radically amended and, certainly, it is hoped that given the highly co-operative engagements with the Department of Trade and Industry, DTI, on gambling, the principal Acts of both the National Gambling Act and the National Lotteries Act will be radically amended soon.

I want to add that the chairperson of the subcommittee led so ably that I thought I should perhaps step down as chairperson of the portfolio committee. Harmonious relations prevailed throughout. May I most sincerely thank him? Thank you very much, hon Ndaba Gcwabaza, and all members of the subcommittee, who actually did the work. What we did was simply to deliberate on that final report, which was the cleanest final report from a subcommittee I have ever seen in this Parliament. [Interjections.] I wish to thank Commissioner Ludin and her team of commissioners for the sound South African review and the report.

Mr G D HILL LEWIS


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Ms J L FUBBS

The HOUSE CHAIRPERSON (Mr M B Skosana): Hon member, before you ascend to the podium, I would like to inform members that this is the hon member's maiden speech and the tradition is to pay attention. [Applause.]

Mr G G HILL-LEWIS: Mr Chairman, thank you very much. While I know that maiden speeches have become fairly routine occurrences here, I must begin by saying what an absolute honour it is for me to speak in this House today.

IsiXhosa:

Ndiyavuya ukuba lapha namhlanje.

English:

As a university student, I would often come here and sit in the gallery in the afternoons after my classes and watch as some of the greatest debates of our democracy played out in this Chamber. Now, as a member of this House, friends and family often ask me why on earth I would want to go into something as dirty and nasty as politics. It is a cynicism that I am sure many of us are familiar with. It is born of decades of disappointment, nourished by divisive politics and perpetuated by too many broken promises.

I believe in another, much better kind of politics, one which adheres to our country's founding democratic principles, one which takes seriously the oath of office that all of us swore - to defend and uphold the Constitution - one that believes that this country is ours to make or to break and that those things that bind us together are far greater than those things or, indeed, those people who seek to drive us apart. I have seen believers in this kind of politics on both sides of the House.

In the remaining two years of our term, let us exemplify that tradition. This is the most important democratic institution in our country and our words and actions here should serve as an example to those we represent. May we have many more defining historic debates in this House and, whatever our differences, may we always remember what we have in common – a deep love for the country we serve.

I turn to the specific topic at hand. The committee I serve on had very few points of disagreement in the drafting of our report. All of us recognise that the proliferation of gambling without appropriately strict regulation poses serious socioeconomic risks to all South Africans and especially poor South Africans. We all agreed on the principle of destination gambling, but we also heard evidence that online gambling is very popular and common in South Africa. It makes no economic sense whatsoever to continue to ban it. The only effect of such a policy is to send more jobs and more money out of South Africa and receive no tax income from the industry. It is therefore cause for cautious celebration that the committee recommended the unbanning of online gambling, subject to very careful and firm regulation to protect the consumers of gambling, which the industry calls "punters".

We also agreed, as the hon Fubbs has said, on some wide-ranging reforms to the way in which the National Lottery is run. The National Lotto is an organisation that should work for the poor. Its abuse for politics is exactly the kind of conduct that erodes public faith. We recommended the establishment of an entirely separate and independent grant-making body, removing all grant-making powers from the ambit of the board. We have recommended much more rigorous accountability for the spending of lotto grants, to avoid fiascos like the World Festival of Youth from ever occurring again. We have recommended that all major lotto winners undergo mandatory financial counselling to assist with managing their newfound fortunes.

Members of the committee will know that my biggest concern was around consumer protection, ensuring that punters can make a fully informed decision knowing all the risks and costs involved. If we can get the legislation right, South Africa will be a world leader in gambling consumer protection, with the odds of winning - which members must know are incredibly small - prominently displayed on all slot machines and requiring all gambling advertising to carry similar warnings.

In my constituency of greater Philippi here in Cape Town, there are several dozen limited pay-out machines, LPMs. They are essentially more compact but far more socially damaging versions of traditional slots. They are located mainly in taverns, shebeens and nightclubs, and they are the most destructive and most harmful form of all gambling to the poor because of their ease of access, seemingly cheap cost and alluring prize money. Many poor South Africans gamble away their weekly wages at LPMs. LPMs are like a training school for gambling addiction and the law does not adequately protect punters from the dangerous social side effects of LPMs. Their current location inside residential areas also contradicts the policy consensus towards destination gambling. I, for one, do not want a single additional LPM in my constituency and would gladly see them all removed. We should all therefore welcome the recommendation by the committee to stop the further roll-out of LPMs, pending review of the policy regarding their location.

There are many other praiseworthy recommendations in the report, which we have now submitted to the Department of Trade and Industry, DTI. My hope, hon Minister Davies, is that the department soon sends draft legislation to this House that we can debate, amend and then pass to give effect to our recommendations and protect South Africa's punters. [Applause.]

Mr G B D MCINTOSH


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Mr G G HILL-LEWIS

Mr G B D MACINTOSH: Mr Chairman, our committee, especially our chairman, worked very hard. That we are meeting and debating the report at this time of the night is the way we worked all the time. I joined this committee at a time when they must have turbocharged it to get results. I think the Minister did some heavy breathing and the chairlady listened obediently!

We heard very well-informed and helpful presentations from all sectors. I was impressed with the talents and abilities of South Africans. The DTI staff members were most helpful. Our parliamentary committee staff members were efficient, and we benefited from the research and excellent report of the Gambling Review Commission.

I don't often quote Zwelinzima Vavi, but he once said that gambling was the poor subsidising the lucky. The view maintained by us is that gambling, like alcohol and nicotine, is not good for the nation's health. However, our dear citizens still want to practise these things. So, we need to regulate it and control it, rather than drive it underground. However, we must remind you that gambling at shebeens, card games, umlabalaba on street corners and fahfee remain illegal.

The chairlady of the portfolio committee mentioned the question of national and provincial responsibilities and the aspect of concurrence. The National Gambling Policy Council - at the level of MECs and the Minister - is where there can be liaison and co-ordination. It seldom meets and when it does, it does not quorate.

Animal racing also received our attention, bearing in mind that horse racing is well established and well managed and is part of gambling. Pigeon owners race their birds. In Australia and the United Kingdom, UK, dog racing is well controlled and very popular. In South Africa, we do not yet recognise harness racing or bush racing, or what we sometimes call thebelela.

Amongst the fiercest defenders of property rights in South Africa are farmers and taxi owners. Often large numbers of dogs hunt across private farmland in KwaZulu-Natal and it is commonly known as "taxi hunting". This produces conflict. There are large stakes placed on the dog that will hunt down the buck. Legal dog racing will enable black people, in particular, to become active owners and operators in this industry and to race their dogs legally instead of illegally hunting with them. [Interjections.]

Harness racing and bush racing can also be legalised and regulated, and will enable authentic black involvement rather than fronting. We considered all the concerns from the Society for the Prevention of Cruelty to Animals, SPCA. In any sport involving animals, it is vital that there is no cruelty and that animal health and safety is supervised by qualified people. [Time expired.]

Dr M G ORIANI-AMBROSINI


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Mr G B D MACINTOSH

Dr M G ORIANI-AMBROSINI: Mr Chairman, the tabling of this report offers opportunity for broad debate. It is good that we have recognised the need to open up possibilities for Internet gambling, but that comes with the need to regulate the industry. Of necessity this would mean taking another step towards the further regulation of the Internet and the freedom that takes place there. I think that as we do so we also need to commit ourselves not to take this opportunity to overregulate the Internet on account of this specific problem in a manner in which we don't want the Internet to be regulated. We shouldn't make such regulation a back door to a type of regulation that does not fit the specific nature of cyberspace.

The second consideration is that there is consensus that gambling has negative aspects that damage the poorest of the poor. That begs the question: Why is government involved in such an activity? Why do we run a National Lottery? All sorts of explanations are given for such absurdity. One of them is that we can raise money for things we would not have money for. That was the case when the money from the National Lottery was utilised for the purposes that were not covered by the Budget.

However, as we recommend that the purposes for which grants can be made be extended to any of the purposes and objectives of government, we find ourselves in the contradiction of effectively having the same base of purposes covered by the national Budget. In that case we could very well take the money, place it in the National Revenue Fund and disburse it towards government priorities, like any other source of revenue. However, all these show the need for seriously reconsidering why government should be in the business of gambling and producing the same type of addiction that we are trying to address on the other hand.

The third point is the consideration of how we look at this. I will never gamble. It is not in my matrix. I don't like it, but who am I - and who are any of us - to tell other folk who want to gamble that they shouldn't. We must regulate gambling to ensure consumer protection, not prohibit it. [Time expired.]

Mrs C DUDLEY


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Dr M G ORIANI-AMBROSINI

Mrs C DUDLEY: Chair, the ACDP shares the view that the committee expressed that the socioeconomic impacts of legalised gambling were previously inadequately represented and appeared to be biased in favour of the gambling industry. We note the report of the Gambling Review Commission and the portfolio committee's recommendations regarding amending gambling and lottery legislation.

While noting that illegal gambling, particularly in provinces that lack the will or the capacity to take effective action, is a major and growing concern, we also note, though, that there continues to be no evidence to suggest that what is referred to as "problem gambling" has worsened significantly.

It is encouraging to see that South Africa is ahead of the UK, Europe and Asia in addressing problem gambling and that the National Responsible Gambling Programme, with a 24-hour toll-free hotline, has trained counsellors who refer people for help. This is the only organisation worldwide that is jointly managed by the public sector and industry. It is also partnered with the University of Cape Town's department of psychiatry to include structured diagnostic interviews and the first fellowship in pathological gambling in Africa. The ACDP will follow much-needed legislative developments.

Mr N E GCWABAZA


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Mrs C DUDLEY

Mr N E GCWABAZA: Chairperson, hon Ministers and Deputy Ministers, hon members, since gambling was legalised through the National Gambling Act of 1996 and the National Lotteries Act of 1997, the gambling industry has grown significantly. Gambling and national lotteries together employ just over 59 000 workers and generate a little over R18,1 billion.

There have been challenges in the distribution of lottery funds for good causes. First, the distribution agencies have not been accountable to the National Lotteries Board on the adjudication and granting of funds to the applicants. Second, due to the ad hoc nature of the distribution agencies there have been huge backlogs in processing and approving applications. Third, issues relating to conflict of interest have not been exhaustively clarified beyond simple recusal. Added to these have been the cumbersome application forms and the required audited financial statements, which advantaged well–established, capacitated organisations but disadvantaged small, rural nongovernmemtal organisations, NGOs, and community-based organisations, CBOs, seeking to service vulnerable and historically disadvantaged communities.

There are also illegal lotteries that are carried out in the name of promotions and marketing competitions. We think the National Lotteries Board should be enabled to enforce legislation on these forms of illegal gambling to protect the public and ensure that the state collects taxes.

Having considered these challenges, the Portfolio Committee on Trade and Industry proposes the following: First, a full-time grant-making body should be established. It should be accountable to the National Lotteries Board and its function should be to adjudicate and distribute funds to deserving organisations, to verify the existence of projects and/or services that these organisations purport to be carrying out and to ensure that these projects and services reach the intended beneficiaries and communities in a manner that brings about a better life.

Second, the cumbersome application forms and stringent requirements for financial statements often demanded even from new organisations should be simplified and not requested from new CBOs and NGOs. In addition, small and vulnerable organisations that do not have audited financial statements readily available should be assisted to provide monthly financial reports to ensure accountability.

A multiyear grant system should be introduced to make the funded organisations more sustainable and able to plan ahead. To prevent a repeat of the suspension of the operations of the national lotteries should there in the future again be a legal challenge in granting the licence to the operator, the Minister of Trade and Industry must be mandated to extend the licence for a reasonable period.

Gambling, the activities of which are overseen by the National Gambling Board, NGB, and Provincial Gambling Regulatory Authorities, PGRA, is a concurrent competence. However, there have been challenges in ensuring co-operative governance, co-ordination and consultation on regulating gambling activities; licensing the operators and manufacturers of gambling machines and in implementing uniform national norms and standards among provinces. To address these challenges, it is recommended that there be a memorandum of understanding between the NGB and the PGRAs to regulate their relationship and ensure uniformity in implementing national and provincial legislation. In addition, there should be national norms and standards to set minimum standards for licensing conditions, limitations on forms of gambling activities and to ensure accountability and transparency in the implementation of national policy.

It has been acknowledged that the National Gambling Policy Council, NGPC, has not been effectively carrying out its mandate of promoting co-operative governance, co-ordination and co-ordinating national gambling policy implementation.

Ms J L FUBBS: Hear, hear!

Mr N E GCWABAZA: In order to improve the functioning of the NGPC, regulations must be made to enable the NGPC to carry out its functions based on co-operative governance principles.

During the public hearings on the report of the Gambling Review Commission, it came out that gambling machines, software and equipment were being imported, notwithstanding the existing capacity for local manufacture. In line with the objectives of the Industrial Policy Action Plan 2, Ipap2, and government's priority of creating jobs, local manufacturing of these gaming tools must be encouraged and supported. This must also assist in combating the importation of illegal gambling machines and equipment.

Of great concern, though, is that the testing laboratories for the gambling machines, software and equipment are owned by private, foreign companies and the SA Bureau of Standards, SABS, is not involved in testing and verifying the gambling equipment. It is recommended that the capacity of the SABS to verify the test reports done by the testing laboratories be reinstated.

Online gambling is a relatively new and illegal form of gambling in South Africa, yet it is taking place. It is done through the Internet, mobile phones and the telephone. Online gamblers who have been surveyed internationally report that the advantages of gambling online are gambling at home, 24-hour availability and convenience, privacy and anonymity. Therein lie the dangers of unregulated online gambling. The challenges that result from online gambling are that it attracts under-age gambling, it is easier to spend more money and it is more addictive. Online gambling is also a health hazard as it is reported to cause disrupted sleep and disrupted eating patterns. Of even bigger concern is that online gambling is associated with criminal activities, such as money laundering and the financing of terrorist activities.

If online gambling is left illegal, we shall never know the extent to which it is taking place in our country in terms of scale, nor what the local and international market is. We will also not be able to detect illicit activities under the cover of online gambling.

The Portfolio Committee on Trade and Industry proposes that the legalisation of online gambling be a national government competence and provinces receive a share of revenue on a formula basis determined by National Treasury; that the gambling activities that are allowed online be restricted and specified; that a limited number of licences be issued by the NGB; and that the licensees be registered and compelled to establish physical offices and be prepared to have information regarding their activities readily available for scrutiny by the relevant authorities.

We must increase and sharpen our skills in cyberpolicing and in prosecuting cybercrimes. We submit that while the principal legislation on lotteries and gambling in general must be amended to address the identified challenges, a new and standalone piece of legislation is proposed for online gambling. [Applause.]

The MINISTER OF TRADE AND INDUSTRY


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Mr N E GCWABAZA

The MINISTER OF TRADE AND INDUSTRY: Chairperson and hon members, let me welcome the detailed and comprehensive report before the House today. It was prepared and adopted by the portfolio committee and published in the Announcements, Tabling and Committee Reports. I believe a lot of very important work has gone into this and I want to welcome that very much.

Let me give a little bit of background to the exercise that we have been involved in. When this administration took office, we were bombarded with a proliferation of ad hoc proposals to expand gambling activities or introduce new gambling activities. They included proposals to increase the number of casinos in South Africa, to roll out and expand the operation of limited payout machines, to allow electronic bingo machines to operate in bingo halls, to introduce greyhound racing and to allow poker tournaments.

At the same time, there was a major change in technology - which has already been referred to. It meant that you could play online any gambling game available in a casino. There are also forms of online gambling, such as person-to-person betting, that allow divisions of different matches and different parts of matches to be the subject of betting between individuals or are mediated through an operator. All of this was taking place in the context of what the Gambling Review Committee told us on page 40 of their excellent report was a growth of 250% in the gross gambling product over a decade. Now, I did the maths. This comes to a growth rate of nearly 10% per annum in an economy that was growing at less than 4%.

Also, there has been a lot of research indicating that forms of gambling accessible to low-income people is being taken up to a considerable extent by low-income people in this country, who participate to a very considerable extent in accessible forms of gambling.

In this context, it seemed to us that what was needed was a new framework. This framework would have to tell us where the new activities would fit in; how they would relate to existing activities in such a way that the existing activities delivered to us – infrastructure in the form of hotels, conference centres and so on – would be sustainable; that the roll-out would not have a negative impact on low-income people; and how the new forms and technologies that would be around could best be regulated if, indeed, we decided that we should allow those activities to take place.

So, we commissioned the Report of the Gambling Review Commission. The Gambling Review Commission prepared its report. It was briefly discussed in the Gambling Policy Council and then we indicated that we would bring it to Parliament. The first part of the parliamentary process will be completed today when, hopefully, we adopt the report of the portfolio committee.

Of course, gambling is a concurrent function and provinces have powers and rights in terms of the regulation of the gambling industry and have provincial gambling boards. Therefore, it is important that the process in Parliament will only be completed when the NCOP has done a similar exercise. At that point, I think, we will have what we hope will be a comprehensive and coherent view of Parliament, which we can then take back and engage with the various proposals in detail.

That being the case, I will not comment in detail on the proposals today. I do just want to make a few observations. First, I think it is significant that the portfolio committee has recommended that the interactive gambling legislation, which was put on hold by Parliament, should in fact be revived and that there should be a consideration of legalising online gambling in certain forms, subject to certain conditions, as outlined by the hon Gcwabaza, who spoke just before me. I think that is a highly significant recommendation and, certainly, if that becomes the consensus of both Houses of Parliament, we will, as the department, engage energetically in that process and look very closely at those recommendations. I think it is a particular matter of concern, as highlighted, that we should defend minors against exposure to this form of activity.

Another issue that we should consider if we permit this activity in our country is how we are going to ensure that there is a quid pro quo in terms of investment in other infrastructure. The casinos, as I've already said, are required to invest in hotels, conference centres and whatever. The online industry will be competing with them. How do we make sure that what we ask from the online industry is going to be equivalent, in some sense, to what we are asking from the casino industry?

I also welcome very much the observations that have been made about the need to review and amend the Lotteries Act. This is something we consider as being necessary. We already began a process in 2009 to try to address, through regulation, some important reforms, both to ensure that beneficiaries and broader groups of beneficiaries could receive funds without bureaucratic processes limiting their access but also to make sure that the distribution of funds is directed and focused on the needs of the poor. We have been working on this as a government and as a department. It's on our legislative programme, but I think we look forward to engaging with the particular recommendations coming from here.

The public hearings in the portfolio committee revealed the worryingly slow pace of transformation and allegations of abusive employees which, in our view, require urgent and immediate attention.

I want to conclude by thanking the committee and, particularly, the subcommittee led by the hon Gcwabaza, for their hard work. Let me say that like the hon Oriani-Ambrosini I personally do not enjoy gambling but I believe that gambling should be a form of activity that can be undertaken by those who have disposable income and are prepared to lose their stake. It should not become an activity that is promoted as something that will solve the problems of the poor. It never will, because the only consistent winners in gambling games are the operators of gambling activities themselves. If that were not the case, we wouldn't have so many of them scrambling for licences and so on.

Let me thank the portfolio committee and I hope the House adopts the report. [Applause.]

Debate concluded.

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: I move-

That the Report be adopted.

Motion agreed to.

Report accordingly adopted.

FIFTH ORDER


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FOURTH ORDER

CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON BASIC EDUCATION - OFFICIAL RELEASE OF NATIONAL SENIOR CERTIFICATE RESULTS FOR 2011

Mrs H H MALGAS: Chairperson, hon Ministers and Deputy Ministers still present in the House this evening, hon members, the Portfolio Committee on Basic Education participated in the official release in Pretoria of the National Senior Certificate results for 2011.

The proceedings were as follows: A technical briefing was given by the director-general of the department, followed by the official opening and welcome by the deputy director-general; an address by the Minister of Basic Education; the announcement of the two top-performing learners per quintile; the closing address and handing over of certificates and gifts; a media briefing and an interview. This was an event to which the committee was invited. There were no concerns or recommendations made. [Interjections.]

There was no debate.

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move-

That the Report be adopted.

Mrs S V KALYAN: Chairperson, the DA requests a declaration, please.

The HOUSE CHAIRPERSON (Mr M B Skosana): Requests for declarations of vote have been received. I will allow up to about three minutes for each party wishing to make a declaration. I want to emphasise that it is for those wishing to make a declaration – it is not mandatory. It is not compulsory.

Mr D C SMILES

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Mrs H H MALGAs

Declarations of vote:

IsiXhosa:

Mnu D C SMILES: Somlomo, siyayixhasa le ngxelo kodwa sifuna ukuveza izinto ezimbalwa eziyingxaki.

English:

The DA joined the Minister and the nation in congratulating those learners who obtained their National Senior Certificates in 2011. Our comments now are reserved for the Minister and all those responsible for the urgently required reform of education, going forward. Our country is simply not showing an adequate return on our substantial investment in education. Four important statistics underpin this statement: Only 40% of learners who enrolled in Grade 1 in 2000 wrote the 2011 exams. The education system failed to retain 60% of the eager millennium Grade 1s. Forty-one per cent fewer learners were registered for Grade 11 in 2010 than those writing Grade 12 in 2011, suggesting that principals are holding back learners who are likely to fail in order to artificially inflate the pass rate. [Interjections.]

HON MEMBERS: Hear, hear!

Mr D C SMILES: Millions of rand were pumped into Dinaledi schools in the last financial year. However, the number of learners writing Grade 12 Mathematics dropped by 15% and those passing dropped by 1,1%. The number of learners writing Physical Science dropped by 12%. The number of teachers described as "qualified" increased from 53% in 1994 to 94% in 2009. There has not been a similar increase in learner performance. Something is seriously amiss with our teacher training.

An HON MEMBER: Hear! Hear!

MR D C SMILES: This report is acceptable and may be accurate. The education system on which it reports is deficient.

Afrikaans:

Ons kan nie bekostig om selfvoldaan te wees nie. Ons kan ook nie tevrede wees met die geringe verbetering in die slaagsyfer nie.

English:

We can only settle for excellence at every level of schooling, from early childhood development and Grade R to Grade 12. We can only settle for our investment in education showing a return in the form of every child being granted a genuine opportunity to achieve his or her inherent potential. [Applause.]

Ms N GINA


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Mr D C SMILES

Ms N GINA: Chairperson, it is a pity that we are standing here today in response to the declaration made by the DA on the issue of the number of the Grade 12s who write exams and those who pass. The reason I am saying it is a pity is that this is a long-standing debate, one that we have been having in the committee since 2010 until now. They are always raising the one and same debate and good explanations had been given. Perhaps I have to repeat the explanations of why we have this low number of Grade 12s, compared to 2010-11.

First, there were changes on the admission age for schools from the age of 6 to 7. That is why, in 2000, we had a smaller Grade 1 cohort that got in and that will definitely impact on what is going on. [Interjections.] That is a fact. [Interjections.]

An HON MEMBER: That has nothing to do with quality!

Ms N GINA: I will come to the issue of quality. Second, 2008 was the first year that the Grade 12 group wrote the school-leaving exam based on the revised curriculum, which was introduced successively in all Grades 12, and that is where we started to see the decrease. I am sure that DA members of the committee are very aware of that. It is a pity that the DA changes its members who sit in the committee every now and then, they thus do not understand some of these things and we have to explain again. [Laughter.] [Interjections.]

The increase in part-time enrolment since 2008, which they have been talking about, was explained by the number of full-time learners who failed Grade 12 in previous years and wanted to rewrite the examinations based on the old syllabus. A part-time basis was the only way that we could finish off with the learners who had been doing the old syllabus. Really, sometimes we just cannot see the argument that the DA wants to come up with. Maybe we just need to repeat these things and in the end they will understand. [Interjections.]

An HON MEMBER: What about the quality of education?

Ms N GINA: I am getting to it. The low Grade 12 through-put rate is a combination of many factors of which you are well aware. First, these factors might include the high rate of teenage pregnancy. Lastly, the evictions by farmers, who move schools from one place to another, contribute greatly to the quality of education. [Interjections.] [Laughter.] We will finish with Mr Smiles in the committee. [Time expired.]

Mr A M MPONTSHANE


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Ms C GINA

Mr A M MPONTSHANE: Chairperson, hon members, we all know about the conditions under which our teachers have to work. Given these conditions, when the results were published, the IFP congratulated all those who passed. However, I want to invite this House, especially the committee, to look carefully at the article recently published by a renowned academic, the vice-chancellor of the University of Free State. In that article, the vice-chancellor cautions against the exaggerated high over the high percentage of Grade 12 passes.

He gives his reasons. One is that the majority of those who passed failed their first year at university and he questions why they fail at such a rate. He also says that it seems very easy to obtain a distinction these days. I remember during my matric days it was really not easy to get a distinction. This renowned academic looks at other factors around matric results and I would really like us, as a committee, to have a real debate on the results. While we congratulate those who have passed, we must not just dismiss such a report so easily. We have to look into it. [Applause.]

Motion agreed to.

Report accordingly adopted.

SIXTH ORDER


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FIFTH ORDER

CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON PUBLIC WORKS - OVERSIGHT VISIT TO EASTERN CAPE, 24-29 JULY 2011

Mrs M C MABUZA: Chairperson, hon members, on behalf of the Portfolio Committee of Public Works I present the summary of its oversight visit to the Eastern Cape from 24 to 29 July 2011. The purpose was to receive progress reports from the provincial department of roads and public works and the municipalities. The focus was specifically on the implementation by the province and municipalities of the Extended Public Works Programme, EPWP, especially the accessing of the EPWP incentive grant, the eradication of mud schools and the state of the province and municipalities' asset registers.

Issues noted during the oversight visit were the following: Regarding the asset register, the Eastern Cape comprises 37% of all state land in South Africa and this affected the completion of an asset register. An estimated 3 million hectares of land in the former Transkei and Ciskei had not been surveyed. Many of the asset registers were incomplete and had no standardised template for the provincial and municipal registers.

Regarding the EPWP and access to the EPWP Incentive Grant, the number of municipalities eligible to access the wage incentive had increased but the draw-down of the incentive grant was often low and inconsistent. The beneficiaries from rural areas in all sectors, especially the social sector, are paid a lower stipend than the urban areas. Most of the municipalities did not achieve the 2% target of including persons with disabilities on the EPWP projects.

Regarding the eradication of mud schools and unsafe structures, innovative technologies used in the eradication of mud schools and unsafe structures in the Eastern Cape allowed for faster and more cost-effective construction. The portfolio committee was concerned that the EPWP principles of sustainable job creation and skills transfer were not always used on these projects.

After its oversight visit to the Eastern Cape municipalities, the portfolio committee made the following recommendations: The challenges experienced by municipalities in the compilation of their management of the asset register must be resolved. The Portfolio Committee of Public Works recommends that the Minister of Public Works review the current Government Immovable Asset Management Act, Act 19 of 2007, with the aim of amending it to include the local government sphere.

Regarding the EPWP and accessing the incentive grant, the portfolio committee recommends that the province and the municipalities must ensure that they report on the EPWP work opportunities created so that they can access the incentive grant. The stipend paid to beneficiaries in all sectors must also be reviewed, especially those paid to beneficiaries in the rural areas. The inclusion of persons with disabilities on EPWP projects as well as meeting the 2% target must be implemented.

On the eradication of mud schools and unsafe structures, using innovative construction technology proved useful. However, concerns were raised about their lifespan in comparison to conventional construction methods. The innovative constructive technology used machines to produce steel plates and this required a large outlay of capital. Small businesses were unlikely to access the technology unless it was subsidised.

In conclusion, the portfolio committee learnt that the implementation of the EPWP and the completion of the asset register were negatively affected because many municipalities, particularly those in the rural areas, reported a number of challenges. The municipalities reported high percentages of poor and unemployed people. They also made specific reference to the high rate of unemployment among the youth. The municipalities lacked the required skilled personnel in key positions and reported having many vacant posts as well as people acting in positions, particularly at management level.

The national Department of Public Works reported that municipalities requested national funding for the EPWP project but underspent on the existing budget. I present the summarised report on behalf of the portfolio committee.

There was no debate.

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move-

That the Report be adopted.

Motion agreed to.

Report accordingly adopted.

SEVENTH ORDER

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SIXTH ORDER

REPORT OF PORTFOLIO COMMITTEE ON HIGHER EDUCATION AND TRAINING - MEETING WITH CAPE PENINSULA UNIVERSITY OF TECHNOLOGY ON 1 FEBRUARY 2012

Mr M I MALALE: Chair, on 1 February 2012 the Portfolio Committee visited the Cape Peninsula University of Technology after the disruption of academic activities at the institution. This disruption was prompted by a fee increment and increments in upfront payments effected by the university.

We feel that when university councils engage in the process of fee increments, they are exercising public power and not private, personal power. [Interjections.] There is a very serious need for the Minister and this Parliament to consider regulating the questions of increments in fees and upfront payments to ensure the progressive regulation of free education for at least undergraduate students.

We would like to see the National Student Financial Aid Scheme, NSFAS, being able to collate a database of poor students who might require funding prior to the registration period in order to eliminate financial exclusion and facilitate a smooth resumption of academic activities at the beginning of the year.

We would like the Minister to strengthen the practice of deploying officials to monitor the process of registration, so that they can intervene where there are problems and tensions between the university management and student leadership.

We would also like NSFAS to reconsider the practice of reimbursing surplus amounts to students at the end of the academic year because we think the monies allocated to NSFAS are meant to assist those who are poor and no profit should be made out of that process.

Further, we think there should be meaningful and constructive engagement between councils, management and students prior to the implementation of increments, so that we can avert conflict in our institutions. Managements and student representative councils are not encouraged to resort to court interdicts and public violence as a way of resolving tensions regarding access. [Interjections.]

We hope that these recommendations will be acted upon. I hereby recommend that this report be adopted, except for the waffling of my friend on this side. [Interjections.] [Applause.]

Mrs S V KALYAN: On a point of order, Chair: there was no waffling. I was just recommending that the hon member wear a tie. I was not waffling.

There was no debate.

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move-

That the Report be adopted.

Motion agreed to.

Report accordingly adopted.

EIGHTH ORDER


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SEVENTH ORDER

CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON HUMAN SETTLEMENTS - OVERSIGHT VISIT TO MPUMALANGA FROM 24 TO 30 JULY 2011

Ms B N DAMBUZA: Chairperson, hon Ministers, Deputy Ministers and members, the Portfolio Committee on Human Settlements undertook an oversight visit to Mpumalanga province from 24 to 30 July 2011. The central objective of the oversight visit was to afford the Portfolio Committee on Human Settlements a direct engagement with the provincial department of human settlements, the municipalities and other stakeholders. The committee intended to critically assess the implementation of human settlement strategic plans, projects and programmes in general. The delegation also had the opportunity to interact with the various communities.

IsiXhosa:

Sihlalo siyakuncoma esithe sakubona eMpumalanga bazimisele kakhulu ingakumbi le nkqubo ibizwa ngokuba yi-Outcome 8 ukufezekisa iinjongo zenkqubo i-Outcome 8. Baneprojekthi eseKlarinet kwisithili saseNkangala. Loo nkqubo iquka ukuphuculwa kwamatyotyombe kunye nezindlu eziqeshiswayo kwaye isekwabonelela abo bangakwaziyo ukufumana isibonelelo sezindlu zikarhulumente ngenxa yemivuzo ephezulu kanti bengakwazi nokufumana imali-mboleko ezibhankini yokuthenga izindlu ngenxa yemivuzo ephantsi.

Okwesibini esikuncomayo yinkqubo yokuguqulwa kwehositele zibe ziindawo zokuhlala. Le nkqubo yenzeka ngolona hlobo lukhuthazayo eMpumalanga. Kwinkqubo yokunikezela ngezindlu ebantwini babonakalisa ukukhuthala okukhulu baze bazinikela ukuba baza kwakha izindlu ezingama-5000 kulo nyakamali wama-2011-2012.

Kwisicwangciso sabo sibonile ukuthi babafakile ookopolotyeni bezindlu. Okunye esikuncomayo yinkqubo yophuhliso yamafama ekuthiwa yi-Agri-village Development Programme abathe babonakalisa ukuyikhuthalela kakhulu. Siyibonile phaya eVan Wyk Vlei Agri-village, siyabancoma ke abantu bephondo laseMpumalanga.

Noxa kunjalo ikhona imicelimngeni esithe sayibona. Owokuqala umcelimngeni abanawo kukuqalisa iCandelo 10 (a) no(b) loMthetho wokunikezela ngeZindlu. Into ethi yenzeke kukuba abo bafumana uncedo ngokubonelelwa ngezindlu umntu uye ayithengise xa ethenga enye indlu ize ibe yeyona ngxaki inkulu ke leyo.

Okwesibini esithe sakuqaphela kukho imemorandam eyatyikitywa nelizwe lase China elalizakubonelela ngezindlu ezingama-400 kodwa kweso sivumelwano sabo isebe liyelaqaphela ukuba kukho izinto ezingahambi kakuhle eziquka iindlela zokuphathwa kwabasebenzi, ukuthotyelwa kwemithetho yerhafu nokungakwazi kwabasebenzi babo ukufumana iphepha zokuphangela kweli. EPilgrims Rest siqaphele ukuba ngowama-2001 siyazi sonke ukuba omasipala babe DMA areas into eyenzekileyo xa ngo 2006 kukho utshitsho iPilgrims Rest ayikwazanga ukutshintsheka yona isahleli iunder DMA. Okunye esithe sakuqaphela kukunqongophala kwentsebenziswano phakathi kwamasebe ukuze le nkqubo ihlangeneyo ngokubanzi sikwazi ukuyiphumeza. EGraskop hostele kukho ibloko yehostele eyathi ngelishwa ayabhaliswa phantsi kwirejista yeSebe leMisebenzi yoLuntu karhulumente ophetheyo. Okunye esithe sakubona eAmsterdam, eDipaliseng naseMkondo kukungahambi kakuhle kwenkqubo yokuhanjiswa kwelindle.

Kwiingcebiso zethu; sicela uMphathiswa asazise ngesasivumelwano nelizwe lase China. Okwesibini kukho iiflethi apho udonga lwezindlu zangasese ludilikayo. Loo nto ithetha ukuba laa ndawo iyingozi kakhulu. Sincoma uMphathiswa wethu othe wakwazi ukubonelela abantu ngendawo yokuhlala okwethutyana lo gama kulungiswa udonga lwase Simile. Okunye esikucebisayo kukuba uMphathiswa wethu athetha-thethane noMphathiswa weSebe lezeMisebenzi yoLuntu kulungiswe laa hostele yase Graskop kuba baninzi abantu abahlala phaya nokuze ikwazi ukuba ibhaliswe kwirejista karhulumente lize iSebe lokuHlaliswa kwaBantu likwazi ukuyiphucula.

Okulandelayo, eBushbuckridge kukho iibhulorho ezawa ngexesha lentlekele. Sikwacela uMphathiswa wethu athetha-thethane noMphathiswa weSebe lezeMisebenzi yoLuntu ngezi zinto zibalulekileyo. Sicela le ngxelo yamkelwe yile Ndlu ibalulekileyo. Enkosi.

There was no debate.

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move-

That the Report be adopted.

Motion agreed to.

Report accordingly adopted.

NINTH ORDER

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EIGHTH ORDER

CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON DEFENCE AND MILITARY VETERANS - JOINT OVERSIGHT ACTIVITIES CONDUCTED WITH JOINT STANDING COMMITTEE ON DEFENCE FROM 2 TO 4 AUGUST 2011

Mr M S MOTIMELE: Chairperson, hon members, this joint oversight visit has indeed enriched the committees' understanding of the situation and fortified our resolve to meet the challenges. Furthermore, we are convinced that the capacity of the SA National Defence Force, SANDF, defence policy and sensitive information management, among others, require close scrutiny.

In terms of the department's budget, our observation at Waterkloof Air Force Base indicated that limited funding resulted in infrastructure decay, threatening the overall maintenance of the base. With regard to the military hospital at Thaba Tshwane, the main issue of concern was that the military health budget was inadequate for the completion of renovation projects and the acquisition of essential medical equipment. In both cases, we believe that the weak interdepartmental relationship between the Department of Defence and Military Veterans and the Department of Public Works has exacerbated the maintenance and repair issues we observed. As a result, we propose that the department submits a detailed report to Parliament, outlining the details of the service level agreement between the two departments and the list of facilities that require urgent repair. This report should also indicate the timeframes for the completion of the maintenance projects, including their costs and whether targets were met.

On the matter of transformation, we noted that there was an issue with substantive and meaningful compliance with transformation imperatives. As such, we recommend that an evaluation be conducted on the extent to which the department and SANDF have achieved transformation objectives. Irregularities in the call-up of reserve forces signal weaknesses, and we counsel that the relationship between the Secretary for Defence and the Chief of the SANDF should be closely scrutinised to circumvent possible tensions.

Relating to legislative matters, there was a concern about weaknesses in parliamentary Rules and guidelines for the management of sensitive information. To combat this challenge, we suggested that Parliament considers strengthening the existing Rules and procedures that govern the receipt and management of sensitive information, particularly information relating to national security.

Human resource challenges observed largely related to the retention of scarce skills and skills development. We found that there was a loss of specialists and experts with scarce skills in the SANDF and that the military skills development system may not be providing the necessary skills needed by the military.

Furthermore, there was no clear military exit mechanism. In order to resolve these human resource matters, we propose that employment contracts of personnel with scarce skills include clauses with obligations such as, among others, the mandatory completion of service.

In light of the challenges outlined above, the Portfolio Committee and the Joint Standing Committee on Defence believe that the challenges observed at the Waterkloof Air Force Base and the military hospital at Thaba Tshwane are not insurmountable. The impact of a reduced budget on the maintenance of facilities does not have to be a problem if intergovernmental relations between the Department of Defence and the Department of Public Works are strengthened. We also think that an evaluation of the current trajectory of transformation can result in a better understanding of what is going wrong and where.

Moreover, improvements in the capacity of the SANDF will be seen once the relevant stakeholders begin to review legislation and information management and strengthen skills development and retention system in the SANDF. I recommend that the report be adopted. [Applause.]

There was no debate.

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move-

That the Report be adopted.

Question put: That the Report be adopted.

Mrs S V KALYAN: Chairperson, the DA wishes to make a declaration of vote.

The HOUSE CHAIRPERSON (Mr M B Skosana): Order! Requests for declarations of vote have been received. I will allow up to about three minutes for each party wishing to make a declaration.

Mr D J MAYNIER

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Mr M S MOTIMELE

Declarations of vote:

Mr D J MAYNIER: Chair, this report provides an overview of the joint oversight visits by the defence committees to Pretoria in August 2011. The report, however, is not complete. Why is the report not complete? It is because the report makes no mention of the secret briefing conducted behind closed doors by the SA Navy.

This is what reportedly happened. The committees were briefed by Vice Admiral Refiloe Mudimo on the SA Navy's new antipiracy mission. The briefing was conducted behind closed doors and committee members were required to sign a disclosure form, undertaking not to make public information disclosed during the briefing. [Interjections.] What is not clear is who called for the briefing to be conducted behind closed doors because no information or very little information, I am informed, which was disclosed at the briefing could not hav been made public.

What is clear is that the briefing amounted to a closed meeting of the Portfolio Committee on Defence as well as the Joint Standing Committee on Defence. The question must be asked, therefore: In closing the meeting, did the committees comply with the Constitution and the Rules of Parliament? I have my doubts and for that reason, I will be approaching Mr Cedric Frolick, House Chairperson on Committees, Oversight and Information Communication and Technology, ICT, to look into this matter and determine whether, in deciding to close the meeting, the committees complied with the relevant provisions of the Constitution and the Rules of Parliament.

There is a paragraph in this report, Chairperson, which we do not support. It reads:

Parliament should strengthen the Rules and procedures governing the receipt and management of sensitive information, particularly documents relating to national security.

This, I am sure hon members would agree, is ominous because what is happening is clear. The hon Minister of Defence and Military Veterans, Lindiwe Sisulu, is working hand in glove with ruling party committee members and she is going to try to turn the Joint Standing Committee on Defence into a joint standing committee on intelligence. Closed meeting should be an exception, but the Minister wants closed meetings to become the rule.

Well, I have news for the Minister. We are not going to allow this to happen. [Interjections.] We will resist every step of the way and we will not allow the Minister's new paranoia to shut down effective oversight and scrutiny of the Defence Force in this Parliament. [Interjections.] [Applause.]

Mr J J MAAKE


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Mr D J MAYNIER

Mr J J MAAKE: Chairperson, the first thing I would like to say is that the member who stood before us here did not even partake in the oversight visit. He was not there. [Interjections.] It's funny that we agree in the committees on defence - both of them – that grandstanding about the security of the nation is uncalled for. We always agree on that. This report was voted for by the committees with no abstention by any party – it was unanimous. That means there is grandstanding here. [Interjections.]

Let's look into what the hon Maynier refers to as secrecy. What usually happens is that the person who supplies you with information is the person who decides whether the information is confidential, top secret or whatever. It is not for the committee to decide on that. [Interjections.] It's the person who gives you the information who decides that because that person knows how confidential the information is. [Interjections.] So it is not for us to determine that.

To answer his allegations of secrecy, it would be very stupid for any nation to make every other thing public. [Interjections.] If our Defence Force has come up with a new sophisticated missile, it is not for them to tell their enemies what defence they have. [Interjections.] That would be a stupid thing to do. [Interjections.]

In relation to the meeting that we had, it was not the committee that decided the meeting must be held in secret. [Interjections.] That was decided by the responsible people. The SA Navy had their own forms, which they gave to every member to sign. They told us, "If you want us to give you this type of information, you must sign here, otherwise we will not give you that information." [Interjections.]

An HON MEMBER: And you signed it! [Interjections.]

Mr J J MAAKE: Operational information is not for us. [Interjections.] Mr Maynier is just grandstanding and I don't think what he said even needs answering because he was not even there. He did not even sign anything. I think I will end it there. [Applause.] [Time expired.]

Motion agreed to (Democratic Alliance dissenting).

Report accordingly adopted.

The House adjourned at 19:01.


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