Hansard: NCOP: Motions
House: National Council of Provinces
Date of Meeting: 03 Sep 2012
Summary
No summary available.
Minutes
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 187
TUESDAY, 4 SEPTEMBER 2012
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
___________________
The Council met at 14:00.
The Chairperson took to the Chair and requested members to observe a moment of silence for prayers or meditation.
Mr F ADAMS
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 187
START OF DAY
NOTICES OF MOTION
Mr F ADAMS: Chairperson, I hereby give notice that on the next sitting day of the Council I shall move:
That the Council-
notes that- the DA-controlled City of Cape Town backed off from a R9 million tender for the decommissioning of the Athlone Power Station after it was revealed that the tender process was anticompetitive, unfair, irregular and, therefore, unlawful, amongst others; the same company that was contracted and appointed by the City to conduct a two-year prefeasibility study at the power station and to compile the tender for the City, including details such as cost estimates and a proposed work plan indicating the scope of the work, was also awarded the contract by the City for the decommissioning of the power station; through the company's aforesaid involvement as part of their previous appointment by the City, they were unduly and unfairly advantaged above other competitors, in that they had gained intimate knowledge and an understanding of the criteria for key sections in the tender and of the cost estimates, the nature and scope of the work, and the complexities involved; by this process, the company was not only allowed to act as the referee in the matter but also to become the proverbial player, or preferred tenderer, at the same time; further notes that this state of affairs exposes the flaws in the City's tender processes and also the gaps in the supply chain management, as well as the extent to which the City's policies and tender processes can be manipulated; welcomes Mayor de Lille's decision to heed the call of the ANC to have the matter investigated and, in particular, welcomes her decision to withdraw the item from the agenda and to call for an investigation; and calls on her to ensure that such investigation is conducted by independent experts and is completed as a matter of urgency.The CHAIRPERSON OF THE NCOP: Just before we proceed, I wish to acknowledge Mr Adriaan Vlok ... [Laughter.] I mean, I acknowledge Mr Adriaan van Niekerk on the gallery. Adriaan was a member of this House some years back and doing very well in the House. We encouraged them to ... [Inaudible.] [Applause.] My apologies for saying, "Vlok".
Ms B P MABE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 187
Mr F ADAMS
Ms B P MABE: Chairperson, I hereby give notice that on the next sitting day of the Council I shall move:
That the Council-
notes with utter dismay reports of an increasing number of pupils that are sexually assaulted and raped by their teachers in many schools across the country, and that in many instances parents make deals with the alleged perpetrators to pay for damages in the form of inhlawulo [payment] or even to marry their victims; further notes that at least 20 sexual assault cases against teachers in the Umlazi education district in Durban, which is the biggest district in KwaZulu-Natal, are still pending, with the youngest victim being a six-year-old pupil; takes this opportunity to condemn in the harshest possible terms the continued sexual assault and rape of learners by their teachers, who in many instances do so within the school yards under the pretence of providing extra classes; and calls on the Department of Education to establish a formal process to probe the sexual assault and rape of learners in schools and all similar cases involving teachers and learners, and for this process to recommend proper mechanisms to deal decisively with the continued victimisation of learners by teachers, and the hideous and unlawful manner in which parents take payment for the damages of the rape of their children.Mr M W MAKHUBELA
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 187
Ms B P MABE
Mr M W MAKHUBELA: Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of Cope:
That the Council-
debates the confusion and lack of consistency in taking decisions in the office of the National Prosecuting Authority, NPA, which leaves the people of this country and the world with a big question mark over whether the office of the NPA has the capacity to deal with the present case of Marikana; and assesses whether the NPA needs specialised training or outside assistance in handling cases of such a nature.Mr V M MANZINI
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 188
Mr M W MAKHUBELA
Mr V M MANZINI: Chair, I hereby give notice that on the next sitting day of the Council I shall move:
That the Council-
notes with profound sadness the passing away of Sister Bernard Ncube on Friday, 31 August 2012 at the age of 79; further notes that she was born in Dube, Soweto in 1932; recognises that she studied at Roma College in Lesotho and obtained a diploma in theology in 1955; further recognises that she was involved in the United Democratic Front and was elected president of the Federation of Transvaal Women in 1984; acknowledges that in 1989 she formed part of the United Democratic Front delegation to meet the then United States president, George Bush; further acknowledges that in 2002 she became the mayor of the West Rand Metropolitan Council; and realises that South Africa has lost a heroine who was fearless and compassionate.Mr A G MATILA
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 188
Mr V M MANZINI
RESEARCH RESULTS BY SA INSTITUTE OF RACE RELATIONS ON STANDARD OF LIVING IN SOUTH AFRICA
(Draft Resolution)
Mr A G MATILA: Chairperson, I hereby move without notice:
That the Council-
notes that the results of research done by the SA Institute of Race Relations that were released recently have revealed that the standard of living of South Africans has been steadily improving since 2009; further notes that despite criticism and media reports that government has failed, this research, in fact, reveals the remarkable performance and achievements of the ANC-led government over the past 10 years; recognises that, amongst others, the research revealed that the standard of living amongst the poor had improved drastically and that the number of households living in formal houses had, during the past five years alone, increased by 92% from 5,7 million to 11 million, and that an increase of similar magnitude also applied to every other area of service delivery, such as access to piped water, electricity, toilets, refuse removal and the like; acknowledges that the government has increased its social security net to allow for orphans, poor families and fatherless children also to benefit; further acknowledges that the research further revealed that as a result of the government's policies and remarkable successes in rebuilding the environment in which people live, the proportion of the people in severe poverty, as measured by the Statistics SA Living Standards Measure as being the poorest of the poor, has declined dramatically; commends the ANC and the government for their vision, policies and dedication despite many challenges, bearing in mind that a lot still needs to be done; and further commends its achievements in improving the living conditions of South Africans in order to ensure a better life for all.The CHAIRPERSON OF THE NCOP: Order! Is there any objection to the motion? [Interjections.] There is. In the light of the objection, the motion may not be proceeded with. The motion without notice will therefore become a notice of motion.
Mrs N W MAGADLA
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 188
Mr A G MATILA
ATTACK ON MISS TINA MBILI
(Draft Resolution)
Mrs N W MAGADLA: I hereby move without notice:
That the council-
notes the tragic story of Tina Mbili, whose brutally assaulted face was covered by several newspapers and social media last week after she was viciously assaulted by her boyfriend and father of her child, Michael Padayachee, and left for dead in a Verulam park in KwaZulu-Natal; further notes that Michael Padayachee, who is a police officer, is alleged to have thrown the infant over a fence, and has been on the run, and that the family alleges that his police colleagues failed to arrest him despite several reports about his violating a protection order obtained against him by Ms Mbili; takes this opportunity to condemn, in the harshest possible terms, the assault on Ms Mbili in a month when we highlight the persistent atrocities that women continue to endure in South Africa; further condemns, in the harshest possible terms, the blatant disregard of the law by a person who has a duty to protect our people; and calls on the Minister of Police to ensure that this atrocious and horrendous incident is investigated.Motion agreed to in accordance with section 65 of the Constitution.
Mr G G MOKGORO
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 189
Mrs N W MAGADLA
CONCERN ABOUT RECENT SCHOOL DISRUPTIONS AND CLOSURES
(Draft Resolution)
Mr G G MOKGORO: Chairperson, I hereby move without notice:
That the Council-
notes with concern and utter discontent the recent disruptions at schools, as well as the fact that a large number of schools are closed due to protests and intimidation, in that, among others-(a) 41 out of 65 schools in the John Taolo Gaetsewe District Municipality in the Northern Cape have been closed since June due to protests and intimidation that are not education-related but that relate, in fact, to the unhappiness of the communities over the lack of tarred roads in the municipality;
(b) teaching has come to a halt in Botshabelo in the Free State and all 59 schools in the area were closed about two weeks ago as a result of the intimidation by a group of young people calling themselves "Born to Kill"; and
(c) in the Western Cape education was disrupted in various schools due to recent service delivery protests and at Kayamandi High School in Kayamandi, Stellenbosch, the school has been without electricity for the past two weeks as a result of illegal electricity connections to the school's electricity supply by the community adjacent to the school;
expresses serious concern that the disruption and closure of schools severely impact on the schools and the learners, and on education in general, and that they deprive learners of quality education and teaching time, and are jeopardising their preparations for the upcoming September examinations; acknowledges the right of communities to protest over a lack of or poor service delivery, but condemns all forms of disruption and violence at schools and elsewhere; calls on the Ministers of Basic Education and of Police and the provincial governments, as well as the Department of Basic Education and the provincial education departments, to intervene appropriately as a matter of urgency, and further calls on all authorities, including municipalities and provincial governments, to consult with the community urgently.Motion agreed to in accordance with section 65 of the Constitution.
The CHAIRPERSON OF THE NCOP: Hon members, I would like to remind all hon members about the time. Do not tempt the Presiding Officers, please! We are trying to be fair and honest to all of you. Respect the time. The time for a motion is one and half minutes only. I do not normally want to stop people, so all of us have to respect the time, please!
Mr S H PLAATJIE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 189
The CHAIRPERSON OF THE NCOP
CONCERN OF AGRI SA ABOUT EXTINCTION OF FUTURE COMMERCIAL FARMERS
(Draft Resolution)
Mr S H PLAATJIE: Chairperson; I hereby move without notice on behalf of Cope:
That the Council-
notes the concern of Agri SA that commercial farmers could become extinct in the near future due to the fact that the farmers we currently have are ageing; further notes that the agricultural sector needs more young entrants, given the drop in farmer population from 120 000 farmers in 1994 to 35 000 farmers presently; also notes that this presents a real challenge to future crop production, unless we start to educate the young about agriculture and the career opportunities, and overcome the serious issue that agriculture is not profitable in South Africa; and calls upon the Minister of Agriculture to develop appropriate programmes to recruit more students into the farming sector.Motion agreed to in accordance with section 65 of the Constitution.
Mr D JOSEPH
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 189
Mr S H PLAATJIE
CALL TO REMOVE WRECK OF SELI 1 FROM BLOUBERG/TABLE BAY COASTLINE
(Draft Resolution)
Mr D JOSEPH: Chairperson, on behalf of the DA I hereby move without notice:
That the Council-
notes its disappointment at the Departments of Transport and of Water and Environmental Affairs for failing to act proactively and removing the wreck of the Seli 1 from the Blouberg/Table Bay coastline, a ship that ran aground in September 2009 and from which an oil spillage occurred before that; further notes that the damage to the environment, the coastline and bird life, as well as the Disaster Risk Management operation, are costing the City of Cape Town millions of rands; and calls on the national departments to remove the wreck from Bloubergstrand.Motion agreed to in accordance with section 65 of the Constitution.
Mr M H MOKGOBI
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 189
Mr D JOSEPH
CONGRATULATIONS TO MAYOR OF THEMBISILE HANI LOCAL MUNICIPALITY FOR SERVICE DELIVERY IMPROVEMENT
(Draft Resolution)
Mr M H MOKGOBI: Chairperson, I hereby move without notice:
That the Council-
notes the achievement of the mayor of Thembisile Hani Local Municipality in Kwaggafontein, Mpumalanga, Cllr Ndaweni Mahlangu, in improving the municipality's collection rate by 18% since his appointment, only in June last year; further notes that with his leadership and achievement, the mayor has not only improved the capacity of the municipality to deliver better services to its communities, but thereby also given them hope of a better life in future; commends and congratulates Mayor Mahlangu on his leadership and his achievements; calls on the leadership in all other municipalities to follow suit; and further calls on the provincial government, the provincial department of co-operative governance and traditional affairs and the provincial treasury, as well as Salga, to render ongoing assistance.Motion agreed to in accordance with section 65 of the Constitution.
Ms M P THEMBA
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 190
Mr M H MOKGOBI
THREAT TO ROOIBOS TEA INDUSTRY
(Draft Resolution)
Ms M P THEMBA: Chairperson, I hereby move without notice:
That the Council-
notes that the R600 million rooibos tea industry of South Africa, which is unique to the Western Cape, especially the Cederberg area, is under threat from climate change, which could destroy the delicate ecosystem that the crops depend on, thereby posing risks to the industry, including possible job losses;further notes that rooibos tea, which grows only in the Western Cape region and nowhere else in the world, is very popular for its perceived health benefits as well as refreshing taste, and has become a trendy drink in many countries, while all attempts to grow it elsewhere in the world, like in Australia, the United States and China, have failed;
recognises that rooibos tea has grown to become a very lucrative industry, with annual exports that have quadrupled over the last years, and with the provision of an estimated 4 500 jobs to the area; and
expresses concern about this state of affairs; and
therefore calls on all authorities and role-players to develop innovative measures to ensure that the industry is protected and that the jobs of those that depend on the industry for their livelihood are not put in jeopardy.
Motion agreed to in accordance with section 65 of the Constitution.
Mr M P SIBANDE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 190
Ms M P THEMBA
FREE STATE DEPARTMENT OF HUMAN SETTLEMENTS POSSIBLY TO BE PLACED UNDER ADMINISTRATION
(Draft Resolution)
Mr M P SIBANDE: Chairperson, I hereby move without notice:
That the Council-
notes with concern the statement of the Minister of Human Settlements regarding the possibility of placing the Free State department of human settlements under administration as a result of certain failures and extensive irregular expenditure; expresses serious concern that millions of rands were allegedly paid on behalf of contractors to suppliers, whilst some of the expenditure can apparently not be accounted for; recognises that, given the huge backlog in regard to housing delivery and the outcry for houses, this state of affairs has an enormous negative impact on the state's and the province's ability to fulfil their constitutional responsibility for housing delivery; and calls on all provincial governments to intervene appropriately and ensure that recommendations made by the Auditor-General are implemented, and to develop and implement an appropriate turnaround strategy and plan linked with appropriate control mechanisms.Motion agreed to in accordance with section 65 of the Constitution.
Mr K A SINCLAIR
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 190
Mr M P SIBANDE
VOLATILE LABOUR RELATIONS IN MINING SECTOR
(Draft Resolution)
Mr K A SINCLAIR: Chairperson, on behalf of Cope I hereby move without notice:
That the Council-
notes the continuing volatile labour relations in the mining sector, which have been stoked by the Marikana disaster and have spread to other mines; further notes that the sector will continue to shed jobs and lose production, thus affecting its profitability; recognises that this does not bode well for investor confidence in the sector and the prospect of attracting future foreign direct investment into the sector; and calls upon the Minister of Mineral Resources to convene an urgent mining summit to address the current state of affairs in this sector.Motion agreed to in accordance with section 65 of the Constitution.
Mr S S MAZOSIWE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 190
Mr K A SINCLAIR
USE OF TECHNOLOGY BY ST GEORGES PREPARATORY SCHOOL
(Draft Resolution)
Mr S S MAZOSIWE: Chairperson, I hereby move without notice:
That the Council-
notes that the St George's Preparatory School in Port Elizabeth in the Eastern Cape recently received global recognition for its use of technology in the classroom, when it became the only school in the Eastern Cape to join the ranks of four other schools in the country that have been awarded Smart showcase status for using interactive Smart boards; further notes that the boards work like giant iPads, that they can be used for many learning areas in an interactive way, from coaching sports to teaching maths, and that every classroom has a Smart board which enables each pupil to go up to the front and, with the swipe of a finger, to select correct answers to questions;realises that, as part of the school's award, it receives free software and equipment, such as a document camera and a wireless slate to complement the use of the boards; commends the school on its initiative and achievement; and
calls on the Minister and the Department of Basic Education to investigate the advantages of such a system, as well as the feasibility of implementing it in all government early education institutions and providing the funding for it.
Motion agreed to in accordance with section 65 of the Constitution.
Mrs R N RASMENI
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 191
Mr S S MAZOSIWE
THIRTEEN-YEAR-OLD GIRL RAPED IN KHUMOTSWANE VILLAGE
(Draft Resolution)
Mrs R N RASMENI: Chairperson, I hereby move without notice:
That the Council-
notes with utmost apprehension and discontent that a 14‑year‑old boy has appeared in the Lehurutshe Magistrate's Court in the North West province for raping a 13-year-old girl in Khumotswane village in the North West; also notes that the girl was on her way to a shop on Tuesday, 28 August when the boy approached her, twisted her left arm, pushed her to the ground and raped her; further notes that the community of Khumotswane village has been asking government to install floodlights as one of a number of mechanisms to reduce the increasing number of robberies, thefts and rapes in the village; and takes this opportunity to condemn in the harshest possible terms the rape of the 13-year-old girl and calls on the Ramotshere Moiloa Local Municipality and the MEC for local government and traditional affairs in the North West to ensure that floodlights are installed in the village.Motion agreed to in accordance with section 65 of the Constitution.
Mr O DE BEER
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 191
Mrs R N RASMENI
POACHING OF PERLEMOEN ALONG CAPE COASTS
(Draft Resolution)
Mr O DE BEER: Chairperson, on behalf of Cope I hereby move without notice:
That the Council-
notes the continued poaching of perlemoen along the Cape coasts, despite increasing police monitoring; also notes that if the rate of poaching continues, this could lead to the temporary closure of the sector, resulting in a substantial loss of local jobs and much needed export earnings; further notes that this requires a more integrative approach in terms of compliance, monitoring and the antipoaching programme of the SA Navy; acknowledges that this points to a lack of effective Fisheries management control and policies; and calls upon the Minister of Agriculture, Forestry and Fisheries to engage with the SA Navy as soon as possible in order to assist with antipoaching and patrols of the hot spot areas.Motion agreed to in accordance with section 65 of the Constitution.
Ms M G BOROTO
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 191
Mr O DE BEER
SOUTH GAUTENG HIGH COURT RULING ON SUPPORT FOR GRANDCHILDREN
(Draft Resolution)
Ms M G BOROTO: Chair, I hereby move without notice:
That the Council-
notes with serious concern the court ruling by Judge Halima Salduker of the South Gauteng High Court in Johannesburg that, among others, adoptive parents, including grandparents, have a legal obligation to support their grandchildren; further notes that more than 300 000 grandmothers in South Africa are caring for orphaned children and form the cornerstone of government's attempt to assist poor children who have no parents; without the foster child grant, grandmothers would have to rely on the R280 child support grant; takes this opportunity, while recognising the ruling of Judge Halima Salduker, to reaffirm its commitment to and support for the provision of foster care grants to grandparents who have been the backbone of society for decades and continue to hold up the light of hope for the needy and the orphans; takes this opportunity to allay any fear among grandparents and asserts that the ANC government remains committed to their plight, recognising their role in society; and calls on the Department of Social Development to issue directives to reassure all grandparents that they will continue to get their grants.Motion agreed to in accordance with section 65 of the Constitution.
Mr V M MANZINI
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 191
Ms M G BOROTO
WIN BY JOSE EDUARDO DOS SANTOS OF ANGOLA NATIONAL ELECTIONS
(Draft Resolution)
Mr V M MANZINI: Hon Chair, on behalf of the DA, I move without notice:
That the Council-
notes that Jose Eduardo dos Santos of Angola is president-elect, again; also notes that Dos Santos's ruling party, the Popular Movement for the Liberation of Angola, MPLA, won 74% of the national votes, assuring his government, which has been in power for 33 years, another five years in power; further notes that the National Union for the Total Independence of Angola, Unita, the largest opposition party, won 18% of the votes; notes furthermore that the Broad Convergence for Angola's Salvation-Electoral Coalition, Casa-CE, the new comer, gained only 4,6%; and realises that both opposition parties criticised the elections for not being free and fair.The CHAIRPERSON OF THE NCOP: Order! Are there any objections to the motion? [Interjections.] There are. In the light of the objections, the motion may not be proceeded with. The motion without notice will therefore become a notice of motion.
Mr F ADAMS
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 192
Mr V M MANZINI
ORATIONS OF CONDOLENCE
(The Late Prof Neville Alexander)
Mr F ADAMS: Hon Chairperson, hon Deputy Chairperson, hon members, special delegates, ladies and gentlemen, and my esteemed former colleague, the honourable Adriaan van Jaarsveld – sorry, I mean Van Niekerk! [Laughter.] It seems to me that we've got a problem with his surname today, Chairperson.
Chairperson, the death of Prof Neville Alexander has robbed our nation of a humble servant and distinguished reservoir of knowledge, who made an indelible contribution to our nation. As the ANC, we are deeply saddened by the death of Prof Neville Alexander, who was not only an acclaimed linguist and academic, but one of our humble anti-apartheid struggle veterans, whose contribution in our struggle for liberation remains unquestionable.
Prof Neville Alexander was a fearless activist and formidable opinion maker all his life. He was truly one of the architects of our democracy. He contributed richly to our struggle for liberation and served as one of the outstanding reservoirs of knowledge after the demise of apartheid in 1994. Due to his sharp acumen and astuteness regarding our national democratic revolution, he served as one of the champions of our democratic discourse in the academic community.
Prof Alexander joined the anti-apartheid struggle at a very young age. He was arrested in July 1963, along with a number of National Liberation Front members, and convicted of conspiracy to commit sabotage in 1964. He was jailed on Robben Island from 1964 to 1974. It was in this period that he met some of the outstanding champions of our struggle for liberation, especially former President Nelson Mandela and Walter Sisulu, and a number of the country's most important political activists, one of whom is here with us today, a person who was also on the island, the hon George Mokgoro.
Upon his release in 1974 Prof Alexander was banned and placed under house arrest in Lotus River here in Cape Town until 1979. As a young reservoir of knowledge and notable thinker, he shared ideas with leaders of the Black Consciousness Movement, including Steve Bantubonke Biko, and came to play a formative role in the establishment of activist groups in the Western Cape.
After the reconciliation talks between the ANC and the National Party, Prof Alexander was in the forefront of the establishment of the Workers' Organisation for a Socialist Azania.
Prof Alexander had a rich and lengthy association with the academic community, especially the University of Cape Town, UCT, where he studied and went on to be a lecturer and professor.
Prof Alexander established the Project for the Study of Alternative Education in South Africa, Praesa, at UCT in 1992. He worked as the Western Cape Director of the SA Committee for Higher Education, Sached, for six years from 1980, which led to the establishment of a leading alternative higher education initiative called Khanya College. He subsequently established the National Language Project, NLP, and then Praesa. Sached provided Prof Alexander with the opportunity to explore the concept of alternative education.
When the student uprisings were at their height in the 1970s and 1980s, they turned to initiatives such as Sached for guidance in developing new approaches to education. Through the NLP and Praesa, Prof Alexander led the national debate around language policy and planning in South Africa. He came to play a leading role in language policy development with various government departments, including his service as the chair of the new government's Language Plan Task Group. His most recent work focused on the tension between multilingualism and the hegemony of English in the public space.
Prof Alexander's intellectual output is marked by a series of influential books and articles. Among the most seminal are One Azania, One Nation, written under the pseudonym No Sizwe, which presents a view of the distribution of power and privilege in terms of class, caste and colour. Sow the Wind, written in 1986, was influential in the analysis of and the politics around the uprising in the country. An Ordinary Country, published in 2002, sought to reflect on the politics of South Africa's transition to democracy.
As the ANC we want to extend our condolences to the Alexander family, the academic community and the people of South Africa on the loss of one of our accomplished reservoirs of knowledge and a selfless trouper of our nation. We shall miss his intelligence, expertise and contribution to our society.
I want to share this, Chairperson. You know, it was at UCT where I attended a debate involving Prof Alexander one day. I was still a member of the then New National Party. Prof Alexander talked to me and said: "Young man, join the African National Congress. Come to the light, and see the light!" Today, I can tell the hon Bloem that I am in the light in the ANC. [Applause.]
Chairperson, may Prof Alexander rest in eternal peace and his legacy live on in the work that lies ahead in improving our people's lives for the better. May his soul rest in peace. I thank you.
The CHAIRPERSON OF THE NCOP: Are you rising on a point of order?
Mr D V BLOEM: Yes, Chairperson. Mr Adams has not told the House that I recruited him into the ANC! [Laughter.]
The CHAIRPERSON OF THE NCOP: Well, that is not a point of order, Mr Bloem!
Mr M J R DE VILLIERS
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 193
The CHAIRPERSON OF THE NCOP
Mr M J R DE VILLIERS: Hon Chairperson, the death of such a "huge" and formidable person saddens the country and its people in their different sectors of the communities. This person is Professor Emeritus Neville Alexander.
We were able to see the greatness of our Lord God through the life of Prof Neville Alexander. Prof Alexander will be remembered for his bold and instrumental stance against the apartheid state and government, and his fight for equal education in South Africa, a fight which still continues today.
He was arrested in 1963, along with a number of National Liberation Front members, imprisoned on Robben Island between 1964 and 1974, and held under house arrest until 1979.
He worked as the Western Cape director of the SA Committee for Higher Education. This led to the establishment of Khanya College, which, under the motto "Education for Liberation", still assists members of the working class and poor communities to respond to the challenges posed by globalisation. He played a pioneering role in the Project for the Study of Alternative Education in South Africa.
This man, Prof Neville Alexander, was a remarkable person – outstanding, selfless, intelligent and dynamic. He was a liberator, and a man with a strong character, but also a person with a warm, welcoming and friendly personality to accommodate his fellow man and the students around him.
The DA is honoured to convey its deepest sympathy to the family and extended family of Prof Neville Alexander. We know that God will grant him His mercy, support and blessings. I thank you.
Mr O DE BEER
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 193
Mr M J R DE VILLIERS
Mr O DE BEER: Chairperson, today we honour and salute a truly remarkable individual, in regard to both his intellectual status and his contribution to the democracy of our country. He is one of the few academics of colour who stood firm, and his critique of the government provided a moral compass to the issues of the day.
He was arrested and imprisoned on Robben Island from 1964 to 1974. Suffice it to say, he never advertised those credentials for career moves or status. He was a revolutionary thinker and a passionate teacher who never stood back from sometimes expressing his deep disgust on the current issues of society.
He was a leader and instrumental in setting up the Khanya College, a really community-focused college. His other focus areas included national questions and language as a conciliatory tool for nation-building.
Comrade Neville Alexander lived his life by example - a true role model for emerging black professionals. He had great insight into and wisdom regarding the challenges of our times. Given his contribution to academic and political discourse, he deserved greater recognition for his contribution to society.
What we can learn from the late Prof Alexander is to have the courage to stand up and speak out against the injustices in society and speak for the less advantaged; to learn to practise what we preach, and ensure that the government does not oppress our right to criticise and clamp down on freedom of expression.
He will be well remembered on the Cape Flats for teaching kids and addressing various forums. He was heard. He was not an ivory tower academic, but interested in understanding what transformation means to society and solving problems related thereto. Neville Alexander will be missed and he will leave a vacuum in the academic fraternity.
IsiXhosa:
Hamba kakuhle, Qabane Neville. [Go well, Comrade Neville.]
Debate concluded.
The Council observed a moment of silence in honour of the late Prof Neville Alexander.
The CHAIRPERSON OF THE NCOP: Order! Hon members, I have been informed that the Second Order, as printed on the Order Paper, should be deferred to a later date. Is there any objection to that? [Interjections.] No objections.
Agreed to.
Ms B P MABE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 194
Mr O DE BEER
IMPLEMENTATION OF DOMESTIC VIOLENCE ACT: USING DOMESTIC VIOLENCE ACT AS INSTRUMENT FOR FIGHTING DOMESTIC AND GENDER-BASED VIOLENCE
(Subject for Discussion)
Ms B P MABE: Hon Chair, please allow me to pay tribute to the proponent of liberation theology, as opposed to apartheid state theology, Sister Bernard Ncube, a Catholic nun, known for her unorthodox views on issues affecting women, like the termination of pregnancy.
Because of her commitment to the emancipation of women during the height of the struggle against apartheid, she became involved in the United Democratic Front. She was also elected president of the Federation of Transvaal Women in 1984, during the apartheid period when women's place was still perceived to be in the kitchen.
Sister was a member of the National Executive Committee of the ANC and was elected to Parliament where she served and chaired a number of portfolio committees. In 2002, Sister was elected Mayor of the West Rand District Municipality.
Chair, South Africa has lost a compassionate human being who was fearless and never relented in her convictions. May her soul rest in peace!
Hon Chair, thank you very much for affording me an opportunity to take part in this debate on the subject for discussion: Implementation of the Domestic Violence Act: Using the Domestic Violence Act as an instrument for fighting domestic and gender-based violence.
I am pleased to report that the Select Committee on Women, Children and People with Disabilities, together with the Portfolio Committee on Women, Youth, Children and People with Disabilities, conducted public hearings on the implementation of the Domestic Violence Act, Act No 116 of 1998, on 28 and 29 October 2009. The hearings sought to bring to the fore the key issues impeding the effective implementation of the Act. Pursuant to these hearings, the committees sought to engage with the related departments on the progress made with regard to addressing the impediments in implementing the Act.
The following key issues relating to the SAPS were highlighted during the public hearings: noncompliance; lack of resources; servicing of protection orders; training; specialised units; victim empowerment programme; and record keeping.
Key issues of concern raised at the public hearings concerning the implementation of the Domestic Violence Act in 2009 were: Norms and standards regarding training for police must be developed as a priority and this training programme should be included in the SA Police Service's national instructions; the Department of Police must amend its national instructions to provide clear guidelines on when police officers should or should not arrest perpetrators of abuse; a five-year plan for the effective policing of domestic violence, which sets clear goals, timelines and targets for the effective implementation of the Act, must be developed; and the role of the SAPS evaluation service in monitoring whether these targets are being met or not should be made clear.
The referral of victims of domestic violence to health care services and for counselling by police officers must be closely monitored, as the public hearings revealed that this was not being implemented; furthermore, domestic violence registers must be maintained and monitored at all police stations and the officials responsible for monitoring and maintaining the registers must be held to account; a mechanism should be developed to deal with withdrawals or situations where women do not wish to lay charges but, nonetheless, still require help and protection; and sufficient resources such as specialised personnel, forensic specialists and forensic laboratories should be allocated for evidence allocation.
Let me share with the House information with regard to the failure of the implementation of the Act. While the instructions for recording domestic violence incidents are clear, the implementation of these instructions has generally been dismal. The Independent Complaints Directorate noted that it received a total of 59 cases of alleged noncompliance in terms of the Act from across all provinces. The most noncompliance reports were received from Gauteng with 15 complaints received, followed by the Western Cape with 13 complaints and the Free State with 11 complaints. Fifty-nine allegations of noncompliance complaints were received, but only three applications for exemptions were received from the SAPS for cases reported in this period and 10 for cases outside the period from July to December 2010.
Only 21 firearms were confiscated in terms of the provisions of the Act between September 2010 and September 2011. Given the poor statistics available on domestic violence cases, it is difficult to provide a comparative analysis in this regard. It would have been useful to explore how many cases involved firearms in relation to the number of firearms confiscated. That a total number of 35 495 domestic violence cases were reported, with only 21 confiscations, is highly problematic and questionable.
The term "imminent harm" is not clearly defined in the Domestic Violence Act. The public hearings have shown that there are a number of attendant problems with the servicing of protection orders. The issuing of warrants of arrest when issuing protection orders has generally been problematic. Given that the term "imminent harm" is not clearly defined in the Act and is left to the interpretation and discretion of the police official at the scene, the police have often failed to arrest perpetrators who should have been arrested, thereby subjecting complainants to additional incidents of violence.
The SAPS officials undergo a five-day Domestic Violence Training Learning Module during basic training at the police colleges. Given the complex nature of domestic violence cases, it is concerning that officials receive only short once-off training courses, as opposed to continuous courses to keep them in touch with the challenges faced by domestic violence victims. This also undermines the ability to comprehensively understand the Act.
We therefore recommend the following, and also require follow-up on the issues we have made recommendations on.
In regard to legislation, there has to be a clear understanding and definition of the term "imminent harm", as this is not defined in the Act. Legislative change, clearly defining the circumstances that it refers to, is required in this regard.
On the guidelines for monitoring registers, we recommend that stricter monitoring guidelines need to be implemented in regard to the domestic violence registers and case follow-ups.
On interdepartmental collaboration, we recommend that there be a closer working relationship with other departments, such as the Department of Health and the Department of Women, Children and People with Disabilities.
On training, we recommended that there be standardised training that is intensive and on-going, beyond the scope of the current five-day training. This training applies to all officials dealing with domestic violence at police stations and the Family Violence, Child Protection and Sexual Offences Units. Intensive training includes basic counselling and crisis management skills. Thank you, Chairperson. [Applause.]
Mr T M H MOFOKENG
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 195
Ms B P MABE
Sesotho:
Mr T M H MOFOKENG: Ke a leboha Modula Setulo, le maloko a kgabane a Ntlo. Banna ba nnete, ba sebele, ha ba hlekefetse bana le basadi.
Ke ntho e tlwaelehileng hore bongata ba mahlatsipa a dikgoka tsa malapeng naheng ya rona ke basadi; le hore bongata ba bahanyapetsi ke banna ntlheng ena. Tshebetso ya Molao wa Tshireletso ya Dikgoka ka Malapeng, 116 wa 1998, DVA, o qadileng ho sebetsa ka la 15 Tshitwe 1998, ebile kgato ya bohlokwa ho rarolleng dikgoka tse amanang le bong tsa malapeng.
Molao ona e reretswe: ho fana ka tshireletso mahlatsipeng a dikgoka tsa malapeng kgahlanong le tlhekefetso ya malapeng; ho hlahisa mehato ya ho netefatsa hore ditheo tsa mmuso, jwaloka Sepolesa sa Afrika Borwa, Lefapha a Bophelo bo Botle, Ditshebeletso tsa Setjhaba le Toka le Ntshetsopele ya Molaotheo di fana ka sephetho se tletseng ho dikateng tsa Molao; le ho thatisetsa hore mmuso o ikemiseditse ho fedisa dikgoka malapeng.
Molao ona o ananela lenane le batsi la boitshwaro bo ka lebisang dikgokeng tsa malapeng ho ya ka molao, le akgang tlhekatlheko ya mmele; ya motabo; ya maikutlo; ya puo; ya kelello; le ya ho kotela ditjheleteng. Hape ebe o akga tshoso; thohothetso; nanaro; tshenyo ya thepa; ho kena lapeng la motletlebi ntle le tumello; esita le boitshwaro bofe kapa bofe ba bohanyapetsi bo ka nnang ba baka kotsi hanghang polokehong, bophelong bo botle kapa tshireletsong ya motletlebi.
Tlhaloso e batsi ya dikamano tsa malapeng e akga batho ba nyalaneng kapa ba neng ba nyalane, le haeba ba dula mmoho kapa tjhe; balekane ba bong bo tshwanang, le haeba ba dula mmoho kapa tjhe; motho ofe kapa ofe ya ditshepisong kapa ya neng a le ditshepisong tsa lenyalo; kamano ya ho ratana kapa ya setho, ho akga kamano ya sebele ya lerato kapa e nahanelwang; kamano ya lerato le tebileng kapa tsa motabo tsa nako, le haeba e telele hakae; batswadi ba ngwana; le batho ba kileng ba dula mmoho ntlong e le nngwe. Ho bolelang hore mang kapa mang ya dikamanong tsa malapeng ya sotlwang ke dikgoka tsa malapeng a ka etsa kopo ya taelo ya tshireletso.
Ho ya kamoo tshireletso ya mahlatsipa a dikgoka tsa malapeng e leng ka teng, lekgotla le ka laela mohlekefetsi hore a se ke a etsa ketso efe kapa efe ya dikgoka tsa malapeng, kapa ho kena lelapeng kapa mosebetsing wa molekane wa hae. Mohanyapetsi a ka nna a laelwa ho tswa moo a dulang empa a nne a tlamehe ho lefa rente kapa bonto, ho fana ka tjhelete ya dijo le ditshenyehelo tse ding tse hlokehang tsa ka tlung. Maemong a mang bahlekefetsi ba ka nna ba thibelwa ho kopana le ngwana kapa bana. Lekgotla le ka nna la boela la laela sepolesa ho tlosa dithunya tsa mohlekefetsi kapa dihlomo tse ding tse kotsi esita le ho felehetsa lehlatsipa ha le ilo lata diaparo kapa dintho tse ding lapeng.
Mapolesa a tlameha ho thusa batletlebi dinyeweng tsa dikgoka tsa malapeng, mme diteishene tsa sepolesa di tlameha ho rekota diketsahalo tsa dikgoka malapeng Rejisetareng ya Dikgoka Malapeng. Tlholeho ya mapolesa ho ikamahanya le molao, melawana ya ona kapa ditaelo tsa sepolesa, ke boitshwaro bo bobe bo tlamehileng ho tlalehwa ho Bolaodi bo Ikemetseng ba Diphuputso tsa Sepolesa; e leng mokgatlo o fuweng matla a ho fuputsa ditletlebo kgahlanong le mapolesa le boitshwaro bo bobe ba ona. Molaodi wa seteishene le yena o lokela ho nka mehato ya kgalemo kgahlanong le mapolesa a amehang.
Ho hlakile hore molao ona ka bo ona o reretswe ho ba sesebediswa se setle sa ho lantshwa dikgoka tsa bong, haholoholo dikgoka tsa malapeng. Ntle le dikateng tsena, bophahamo ba maemo a dikgoka tsa bong ha bo amohelehe. Dipalopalo tsa ditlolo tsa molao tsa 2011 di bontshitse hore manane a kopaneng a ditlolo tsohle tsa molao tsa motabo, ho kenyeletsa le phopholetso, di eketsehile ka 2.1% ka 2010-11 ha ho bapiswa le 2009-10. Dinyewe tsa phenetho ya basadi di eketsehile ka 5.6%, mme ditlolo tsa molao tsa motabo baneng di eketsehile ka 2.6% ka 2010-11.
Hobaneng re sa bone phokotseho ya dikgoka tsa bong leha ho le teng disebediswa molao le mananeo a mmuso a kang Matsatsi a 365 a Mehato e Kgahlanong le Dikgoka tsa Bong Baneng le Bathong ba Holofetseng, le Matsatsi a 16 a Boitseko Kgahlanong le Dikgoka tsa Bong Basading le Baneng; e leng letsholo la Matjhaba a Kopaneng la selemo le selemo ho tloha mohla la 25 Pudungwana ho fihlela ka la 10 Tshitwe?
Dikomiti tsa Palamente tse Setlamong sa Toka le Tshireletso le baahi, hammoho le dipitso tsa ho nonya setjhaba maikutlo a epilweng ke Komiti ya Tshebetso ya Basadi, Bana le Batho ba sa Holofetseng, di fupuditse mabaka a hore hobaneng Molao wa Dikgoka tsa Malapeng o sa kenngwe tshebetsong ka bokgabane. Nakong ya mehato ena ho ile ha hlwauwa diphephetso le dintlha tse ngatanyana haholoholo mabapui le sepolesa.
Hara ditlhahlobo tsa dibuka tsa diteishene tsa sepolesa tse 162 tse entsweng ke Bolaodi bo Ikemetseng ba Diphuputso tsa Sepolesa, mahareng a Phupu 2011 le Hlakubele 2012, ho fumanwe hore ke diteishene tsa sepolesa tse 27 feela tse neng di ikamahanya ka botlalo le Molao wa Dikgoka tsa Malapeng; ha diteishene tse 11 di ne di sa ikamahanye hohang.
Ho se ikamahanye le Molao wa Dikgoka tsa Malapeng ho ne ho akga ho hloleha ho tshwara bahanyapetsi kapa ho phethisa taelo ya tshireletso,; ho hloleha ho romela koloi tsa sepolesa moo ho nang le dikgoka tsa malapeng; kapa ho hloleha ho bula dokete le ho fetisetsa nyewe Lekgotleng la Botjhutjhisi la Naha.
Memong a jwalo, re tla sisinya hore Palamente e ka netefatsa ho kenywa tshebetsong ka bokgabane ha Molao wa Dikgoka ka Malapeng e le ho tiisa sepheo sa molao ona; e leng ho fana ka tshireletso ho mahlatsipa a dikgoka ka malapeng. Palamente, ka karolo ya yona ya bolekodi mafapheng, a nang le seabo sa bohlokwa sa ho kenya tshebetsong molao ona, e tshwanela ho bitsa lefapha ka leng ho hlaha ka pela Komiti ya Tshebetso ya Toka le Tshireletso le Komiti e Ikgethang ya Toka le Tshireletso ho hlalosa seo le tla se etsa ho phetha thomo ya lona ya molao. Mekgatlo ya setjhaba le yona e tlameha ho fuwa monyetla wa ho tshwaela moo, esita le ho ba karolo ya dipuisano.
Tlaleho ho tswa mafapheng e tshwanetse ho kenyeletsa lesedi mabapi le dithuto tsa thupello, ho kenyeletsa le merero ya thupello ya dilemo tse ngata; mme e tlameha ho fana ka dintlha ka botlalo, tsa lenane la basebetsi ba tshwanelang ho fumana thupello ka selemo; le hore na boitsebelo bo ka lekolwa jwang ha thupello e fihlile pheletsong.
Ho tlameha hore ho etswe moralo wa tekolo ya tshebetso ya makgotla a dinyewe tsa Molao wa Tshireletso ya Dikgoka ka Malapeng. Melawana ya Tshireletso ya Dikgoka ka Malapeng e tshwanela ho hlahlojwa hore e dumelle tshebediso e kgolwanyane ya basebeletsi ba lekgotla, bakeng sa mapolesa, ho fana ka ditaelo tsa tshireletso, le hore Lefapha la Toka e be lona le nkang boholo ba ditefello tsa basebeletsi ba lekgotla mabapi le sena.
Ho eketsa ho tse ka hodimo, ho na le tshepo ya hore ho thehwa ha Lekgotla la Naha Kgahlanong le Dikgoka tsa Bong le sa tswa tsebahatswa le tla ba le seabo se seholo ho ntlafatsa boikamahanyo ba mafapha mabapi le ho kenngwa tshebetsong ka botlalo ha Molao wa Dikgoka Malapeng, ho netefatsa hore o sebetsa hantle haholo jwalo ka sesebediswa se lwantshang sekgobo sa dikgoka ka bong, haholoholo dikgoka malapeng. Ke a leboha! [Mahofi.]
Mr D A WORTH
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 196
Mr T M H MOFOKENG
Mr D A WORTH: Hon Deputy Chairperson, I was going to say, "hon Minister", but I don't see any Minister present, and I was also going to say, "hon Deputy Minister", but I also don't see the Deputy Minister present! Therefore, hon MECs and hon members, the introduction of the Domestic Violence Act, Act 116 of 1998, which replaced the Act on family violence, was a step in the right direction. It seeks, or attempts to seek, to address the high levels of domestic and gender-based violence by, among other things, broadening the definition of "domestic violence" and ensuring that the perpetrators of such conduct are dealt with appropriately by the various law enforcement agencies.
The scope of the Domestic Violence Act is broad, to the extent that it recognises psychological, economic and physical violence, and this is aimed at embracing abusive conduct such as stalking - which we have heard - intimidation, harassment, sexual abuse, assault, and emotional and verbal abuse.
The Domestic Violence Act should – should, note – provide easy access for relief where any person is a victim of domestic violence. The process which a victim has to follow is simple and in a country where legal costs are high, one finds that a victim can obtain a protection order without spending any money in this regard.
However, it is interesting to note that the Domestic Violence Act places obligations on the SA Police Service, SAPS, to deal with domestic violence matters and fails to do the same in respect of the courts, which in effect have more vital role to play.
In many cases an application for a protection order has to be made during office hours, and where the victim has to wait to pursue an application for a protection order, he or she may face further abuse or be forced to change his or her mind about seeking the protection order.
A national victimisation survey which was carried out in South Africa made the following significant findings with regard to violent crimes. Most assaults, 54%, and sexual offences, 68%, occur in and around the home of the victim. Victims are most likely to know their attackers. A significant proportion of attackers are closely related to their victims, that is, 33,8% in the case of assault and 27,9% in the case of sexual offences.
The Independent Police Investigative Directorate, Ipid, has a legislative mandate to investigate noncompliance with the Domestic Violence Act by the SAPS. The Independent Police Investigative Directorate, formerly known as the Independent Complaints Directorate, ICD, is charged with investigating noncompliance of SAPS members and referring cases to the SAPS for disciplinary action.
Firstly, of the 104 cases that were investigated between January 2011 and March 2012, 75 cases were still awaiting a response from the SAPS. Secondly, as we heard from a previous speaker, the percentage of stations fully compliant with the Domestic Violence Act remains shockingly low. Of the 263 stations visited, only 14% were fully compliant with the Domestic Violence Act.
There are no statistics available to determine the number of domestic violence incidents that occur each year, as the SAPS clearly don't take this situation seriously! This makes it even harder to determine whether the situation is worsening or improving. Nor is there a record indicating how many of the people whose names appear in the domestic violence register apply for firearms or, indeed, whether the designated firearm officer at the station checks the domestic violence register before handing out firearm licences.
The SAPS should improve the implementation of the Domestic Violence Act, firstly, by ensuring an increase in training on this Act, including the administrative aspects such as recordkeeping, secondly, by increased disciplinary action against those who fail to comply with the Domestic Violence Act and, thirdly, with sensitivity training for police officers dealing with domestic violence.
The DA has previously called for urgent steps to be taken to address gender-based violence, including the reinstating of sexual offences courts, and the establishment of a database for domestic violence cases. Currently, domestic violence is not recognised as a stand-alone crime and it is not possible to track trends and develop effective policing strategies.
The publication of detailed statistics on sexual offences by the SA Police Service and the National Prosecuting Authority should be resumed, as their decision to stop providing detailed, accurate statistics undermines the efforts to craft a comprehensive and informed strategy to detect and prevent these types of crimes.
Then there is re-establishing the specialised family violence, child protection and sexual offences units.
We must also appeal for an effective child protection register to ensure that everyone with a history of sexual offences against children is recorded.
Domestic violence is a serious crime against society and there is an unacceptably high incidence of this in South Africa. The number of incidents of domestic violence, in which especially women, children and the elderly are the victims, appears to be continually on the increase in South Africa.
In the wake of horrendous sexual offences statistics, with reportedly 54 000 rapes reported since the beginning of 2011 and a vast unknown number of domestic violence incidents, the level of gender-based violence remains unacceptably high. I thank you. [Applause.]
Mr D V BLOEM
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 196
Mr D A WORTH
Mr D V BLOEM: Chairperson, let me thank the presiding officers for putting this matter up for debate. I really want thank you very much, because it is a very important debate.
The recent case of a young mother, Tina Mbili, who was severely beaten by her partner in Verulam in Durban, is a sad reflection of the failure of the police to deal effectively with domestic violence cases.
Besides a lack of police compliance with the Domestic Violence Act, the police often lack skills in dealing with the victims of domestic violence.
Why are the police not enforcing protection orders against violent partners and arresting them in time, before the women suffer abuse? It is a case of police not prioritising these types of crimes, and therefore not paying attention to them.
The mothers of the nation and our young girls are being damaged both emotionally and physically, and their development is being stunted. We have the legislation, but a lack of working together by the police and the Justice Department in implementing that legislation has resulted in little protection for abused women.
Already 14 years in operation, the Act appears to be inconsistently applied by the South African courts. As expected, its implementation has also been marred by the everyday constraints of the courts and limitations in regard to the protection that the Act itself can provide to victims of domestic violence.
I really don't understand why the violent, cruel monster I have referred to was not arrested immediately. This monster made me ask a question: does he really have a mother if he has treated his girlfriend or wife like that? This merciless, cruel monster needs to be put in jail for life because we don't need such monsters in our society.
I call upon our members in this House, the male members, to do everything in their power to educate our society about the fact that women are not punching bags. We must rise up and declare war on women abusers like this monster!
I really want the House to take up this recommendation that the Children's Act must be implemented immediately without further delay. Otherwise women are going to suffer like Tina has suffered from this monster! We want this monster to be put in the C-Max prison and he should stay there for the rest of his life. Thank you very much. [Applause.]
Mr T L MAKUNYANE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 197
Mr D V BLOEM
Mr T L MAKUNYANE: Hon Chair, hon members, maybe I should start by just correcting the hon Bloem. It is not the "′pכli:s"; it's the "pә′li:s". [Laughter.] The Domestic Violence Act is a powerful weapon against domestic violence and abuse. There is no need at this point to describe domestic violence and abuse. There is no need to explain its devastating and far-reaching effects on education, on the workplace, on health and health systems, and on the socioeconomic wellbeing of communities. Domestic violence and abuse must be understood as much more than just deviant behaviour.
The HOUSE CHAIRPERSON (Mrs N W Magadla): Order, hon members!
Mr T L MAKUNYANE: It is a manifestation of the most atavistic form of patriarchy and sexism. It is not a working-class or petit bourgeois or bourgeois phenomenon. It affects everybody regardless of their socioeconomic status.
It is about domination, power and control. It is about the dehumanisation of the victim. It's about reducing the victim to an object that can be owned and controlled, and switched on and off.
As this is so, the Domestic Violence Act on its own cannot be an adequate measure to deal with this sociopathological phenomenon. It has to be seen as part of a suite of measures to eradicate domestic violence and abuse.
To refer to the website, Abuse is no excuse, many women are still unaware of their rights when reporting abuse, and even informed women, traumatised by assault, are unlikely to be assertive and insist on their rights. Many women are afraid of further violence from the perpetrator if they attempt legal action. This is compounded by the introduction of the Domestic Violence Act, which a lot of women have not yet grasped.
The empowerment of communities to uproot this scourge has to be central. It needs the mobilisation of the whole community. This has to be implemented together with a public awareness programme that will educate the community about the nature of domestic violence, how to deal with it, how to identify it, where to get assistance, and who to contact about what remedies are available. This creates a role for all of us in continually engaging the community on every platform to unite, mobilise, organise, educate and empower them to deal with domestic violence and abuse. I thank you. [Applause.]
Mrs R N RASMENI
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 198
Mr T L MAKUNYANE
Mrs R N RASMENI: Thank you, hon Chair. Hon members let me pay my respects and a tribute to Sister Bernard Ncube on her passing on. Sithi ulale ngoxolo qhawe lamaqhawe. [We say rest in peace, heroine of heroines.]
Given our commitment to women's rights as human rights and gender equality as a pillar of social transformation, the magnitude of domestic and gender-based violence in our society is a cause of major concern for the ANC.
One of the greatest challenges with domestic violence is that patriarchy is still ingrained in the structures and institutions of our society. In trying to change these attitudes and practices, both women and men need to work in partnership at all times. Partnerships are based on support and respect for each other, and on sound principles and theories that support gender equality.
Men and boys should seek to redefine masculinity and social norms that underpin violence against women and girls.
While these issues can be associated with the abuse and battering of women, they are not necessarily the only cause. The abuser uses violence as an effective method for gaining and keeping his control over someone else.
The ANC has been at the forefront of women's struggles by putting forward a vision for a nonsexist society and institutionalising gender equality and women's empowerment through its policies, institutional arrangements, and intervention measures.
The Domestic Violence Act was therefore promulgated to provide victims of domestic violence with an accessible legal tool to stop certain abuses taking place within domestic relationships. It responds to the high incidence of domestic violence in South Africa and attempts to protect victims by making provision for the issuing of protection orders.
I am glad to report to the House that work has gone into the training of the police, magistrates, judges and court officials on how to handle cases of violence, against women specifically, and domestic violence in general, in a manner that does not discriminate against the victims who are mostly women, and how to treat cases of domestic violence with the urgency and sensitivity they deserve.
As a result of public hearings on domestic violence, the February 2010 report of the Joint Portfolio and Select Committees on Women, Children and People with Disabilities recommended that certain sections of the Domestic Violence Act should be amended to effect changes that best speak to the needs of victims of domestic violence.
The report's findings were that the discretionary powers of police officials in effecting the arrests of perpetrators of domestic violence were found to be highly problematic, and highlighted the gaps that existed in the combating of crimes of domestic violence.
One of the critical areas in the proposed future legislative amendments is the issue of "imminent harm", as defined in section 8(4)(b) of the Domestic Violence Act. The notion of "imminent harm" raises questions around whether a police officer should arrest a respondent for having verbally abused his or her partner. In this regard, it was recommended that clarity should be given to what exactly was meant by "imminent harm", as was raised by my colleague here.
One of the major concerns in regard to the Act was the servicing of protection orders on respondents. The public hearings demonstrated that the process presented a real obstacle to women's access to protection, as police were unwilling to serve these documents and were in favour of handling more pressing police matters.
Chair, despite general praise for the contents of the Domestic Violence Act, there is a crucial area which relates to the usefulness of the legislation in protecting rural men and women who live under customary law from domestic violence. The Act can only be enforced in magistrates' courts or family courts; there is no provision for traditional courts to issue protection orders. Yet there are currently approximately 1 500 customary courts operating in South Africa.
Sociocultural, practical, linguistic and economic reasons may limit the ability of many rural women to access the magistrates' courts while family courts function only in the urban areas.
In 2002, Statistics SA estimated that approximately 15,5 million South Africans, representing 36% of the total population, live in tribal villages in the rural areas. The majority of the population in tribal villages in rural areas are women. In addition to the people living in the rural areas, African people in semirural and urban areas may also adhere to the tenets of African customary law to a greater or lesser extent.
Hon Chair, through the promulgation of the Domestic Violence Act, we have made significant progress in protecting those who suffer from domestic abuse. However, as we reflect on the success of this Act, it is important that a clear message be sent to those who seek to prey on women, the disabled and the elderly that we will not rest until justice is not only done, but is also seen to be done.
Communities are therefore urged to help government to eradicate violence against women through reporting such crimes. Domestic violence in particular should not be treated as a private matter. It is a crime and must be reported to the police. Men must stand up and be at the forefront of the fight against this scourge in every corner of our society. Thank you. [Applause.]
Prince M M M ZULU
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 199
Mrs R N RASMENI
Prince M M M ZULU: Chairperson, hon members, domestic violence is a serious issue ...
IsiZulu:
...ezweni lakithi lilonke, kubo bonke abantu nakuzo zonke izinhlanga.
Njengomuntu ohlala emakhaya, eminyakeni uNkulunkulu angibusise ngayo engamashumi amahlanu nantathu, asikaze sibe necala elahlala enkundleni yasekhaya ngenxa yokuthi ubaba uhlukumeze umama, angilazi lelo. Kodwa ngilaze ebusheni bami sengihlala ezindaweni ezisemadolobheni lapho ngangibuka khona abantu beshayana benza yonke into.
Okunye, amacala anjengalawa okuhlukumeza, mhlonishwa, awakhulunywa ezinkantolo zamakhosi. Amacala lawa aqondene ngqo noMnyango wezamaPhoyisa nowezobuLungiswa nokuThuthukiswa koMthethosisekelo. Izinto lezi, sonke, amadoda nabantu besifazane, okufanele sizimele kungabibikho ukuhlukumezana. Uma kunezinkinga endlini akuchazi ukuthi omunye kufanele ashaye omunye ngoba umuntu omdala angiboni ukuthi uyashawa, kepha kufanele nikwazi ukuyikhuluma kahle naye indaba.
Eyami inkinga ilapha ezinganeni. Uma ingane seyidlule ezingeni elithize akusafanele uyishaye kepha sekufanele ukuthi uhlale nayo phansi uyifundise ubudoda uma ngabe ingumfana noma uyifundise ukuba ngumama uma ngabe iyintombazane ukuze yazi ukuthi iziphathe kanjani. Uma yehlule lapha kuye kufanele ukuthi uyeka, hhayi ukuthi uyishaye.
Izinkantolo namaphoyisa akithi, ngiyafakazelana nodadewethu nabafowethu asebekhulumile, kufanele zikwazi ukuthetha lawa macala. Iminyango kahulumeni kuzo zonke izifundazwe eziyisishiyagalolunye nomasipala abangama-283 ezweni kumele babe nezinhlelo zokuqwashisa nezokufinyelela kubantu ukuze kufundiswe abantu bakithi ngalezi zinto. Lokhu akumele kwenzeke. Kunjalo nje akwenzeki kithina abampisholo kuphela kepha nabamhlophe bayashayana bahlukumezane bebodwa. Abanye befuna ucansi ngenkani, kanti ucansi akuyona into yokwenziwa ngenkani kepha yinto okufanele yenziwe kuvunyelwene.
Nezilimi ezisetshenziswayo-ke bakithi, ngithi lezi ziNdlu zePhalamende azikuqikelele ukuthi lezi zilimi zesiNguni noma zama-Afrika onke ziyakhulunywa ukuze abantu bakithi emakhaya bathole imiyalezo ecacile. Izincwadi zikahulumeni azihunyushelwe kuzo zonke izilimi eziyishumi nanye ukuze abantu bakithi bayithole kahle yonke imiyalezo ngoba uma siyovitiza ngolimi luka-Queen Elizabeth sengathi siseNgilandi, phesheya kwezilwandle, abantu bakithi bayosala ngemuva kanti bayizigidi.
Ngakho-ke, ngiyakweseka ukuthi makube nezinhlelo eziphelele ukuze izinkantolo zethu zikwazi ukubhekana nezimo ezinjengalezi eNingizimu Afrika. [Ihlombe.]
Ms O R KASIENYANE (North West)
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 200
Prince M M M ZULU
Ms O R KASIENYANE (North West): Hon House Chairperson, hon Chairperson of the NCOP in absentia and hon members, I appreciate the opportunity to participate in the debate on the "Implementation of the Domestic Violence Act" under the theme, "Using the Domestic Violence Act as an instrument for fighting domestic and gender-based violence". This debate is relevant in the context of the women's month that has just ended, because it seeks to reflect on the challenges still facing women on the domestic front.
I commend the government for passing this progressive piece of legislation, which has proven to be a useful instrument in the fight against gender-based violence, though at the same time noting that challenges for women are still prevalent, despite the passing of this Act.
The Domestic Violence Act, Act 116 of 1998, was introduced with the aim of affording women protection from domestic violence, by creating obligations on law enforcement bodies to protect women victims as far as possible. The Act defines a range of behaviours that constitute domestic violence, including physical, sexual, verbal, emotional and psychological abuse; stalking; intimidation; harassment; malicious damage to property; and unauthorised access to the complainant's property; as well as other forms of behaviour which may cause harm to the safety, health and wellbeing of the complainant.
The Act affords protection to married couples, couples in same sex relationships, couples who are dating, those who are engaged or are in a customary relationships, people in intimate relationships, parents of a child and people who share a common residence.
Before we can celebrate the usefulness of this piece of legislation in the fight against gender-based violence and reducing the statistics on gender-based violence, we must take time to reflect on the reality that exists for women in their respective homes. A study that was conducted by the Centre for the Study of Violence and Reconciliation, titled, "Giving women their voice: domestic violence and restorative justice in South Africa", reveals that most domestic violence cases are not reported to the police for fear of intimidation, shame, not being believed, self-blame or retaliation. Statistics on domestic violence are notoriously difficult to obtain because of this fact.
Police statistics reflect only reported crimes, such as assault, rape or malicious damage to property. There are many of them that go unreported. This is despite the fact that complainants are empowered by the Act to apply to the court for a protection order, which prohibits the perpetrators from committing acts of violence against them, or from entering their premises or specified places. If they are found to be in breach of the protection order, they are subject to being arrested and prosecuted criminally.
Another reason found by the study mentioned above for why a lot of cases go unreported is that reporting such cases often has a negative impact on the families, for both the victims and the perpetrators. Families are often dependent on the income generated by the male breadwinner, and if he is imprisoned, either awaiting trial or sentenced to jail, the family is likely to suffer from the consequent loss of income. Even if the man is sentenced to a fine, the woman is ultimately punished. Imprisonment may also result in the loss of a job or economic insecurity, and the stigma of imprisonment may jeopardise future employment prospects as well. Women easily fall prey to domestic abuse because of their financial dependency on their male counterparts.
Another challenge that faces women in South Africa in particular is that there are many actions that constitute domestic violence, but which are not defined as crimes in the justice system, such as forced isolation, verbal abuse, stalking and economic abuse, as has been mentioned by some members.
There is no provision in the justice system for charging people with broadly defined domestic violence, as the victims are restricted to laying charges only in cases that are classified as criminal. Those cases are heard in criminal courts and not in specialised courts or forums. In essence this means that women are subjected to a wide range of domestic abuse incidents, but can only report those that are classified as criminal, such as rape, assault and malicious damage to property.
It is heartbreaking when the victims of cases such as rape are young girls. In the context of the North West province, we have experienced an escalating number of rape incidents in the province in the month of June this year, in which suspects victimise their defenceless minors who look up to them for protection. We take very strong exception to such acts of barbarism.
In one incident a girl of seven years old was allegedly raped by her uncle in Bloemhof. In another incident, a six-year-old girl was raped by an unknown man on her way from crèche in Klipgat, and in another one, a four-year-old girl was raped at Morokweng village. In Boitekong, a two year-old-girl was allegedly raped by her brother, while in Bloemhof again, a 46-year-old women was raped by a balaclava-clad man who also robbed her of cash before fleeing. Other incidents of rape happened in Lehurutshe, Mafikeng, Cyferskuil and Kanana townships in the same month of June this year, and were widely reported in the media. These are drawbacks in our fight against gender-based violence.
Substance abuse, either alcohol or drugs, is one of the most common factors in the abuse that happens domestically. Some men tend to become violent when they are drunk, and the next day they use the excuse that they were not in their right minds when they committed domestic violence, or that their judgement was clouded by the drunkenness when pleading in mitigation of sentence or defending their assault cases in court.
Whilst acknowledging the usefulness of the Domestic Violence Act, my input in this debate is that a comprehensive approach to curbing the incidence of domestic violence will have to be used at interministerial level. This is because the source of the problems is the competency of different functional lines of government, such as the Department of Justice and Constitutional Development, the Department of Police, the Department of Women, Children and People with Disabilities, the Department of Health, the Department of Basic Education, the Department of Economic Development, and so forth.
The passing of the Act will be used in awareness campaigns to conscientise our communities about this problem. Other members spoke about awareness campaigns which will assist our communities, as well as the training of police and other stakeholders. The latter was alluded to by hon Rasmeni. We have to start there.
In this regard, I take the abuse as one of the "forms of oppression". That is why I believe the words of Ntate Mandela when he said: "Freedom cannot be achieved unless women have been emancipated from all forms of oppression". I thank you. [Time expired.] [Applause.]
Mr A G MATILA
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 4 September 2012 Take: 201
Ms O R KASIENYANE (North West)
Mr A G MATILA: Hon Chairperson, I think today we came together and became real representatives of the people. There is no stone throwing today. I am not going to read my entire speech, precisely because yesterday in my constituency we had a case that I would like to tell the House about. This case is related to this Bill.
It is common knowledge that the majority of domestic violence victims in South Africa are women, and that the majority of perpetrators in this regard are men. The enactment of the Domestic Violence Act, which came into operation on 15 December 1998, was therefore an important step in addressing gender-based violence in the home.
The Act is intended to: provide protection from abuse to victims of domestic violence; introduce certain measures in order to ensure that relevant organs of state like the Police, and the Departments of Health, Social Development, Justice and Constitutional Development, give full effect to the provisions of the Act; and convey that the state is committed to the elimination of domestic violence.
In the case that I referred to earlier, this Act was abused by women against women. The state organs that I referred to were used in this process. Miss Siphozitlha Majola has been sleeping outside the Mamelodi East Police Station since November last year and this case was brought to our attention yesterday. Her four kids have been separated from her, and state organs were used in this process. The point I am making is that the Department of Social Development, the Police and the Justice and Constitutional Development Department have done this particular woman much injustice. These three departments worked together, and they were misused by women to make sure that this woman was oppressed.
This woman was raped five times – in front of the police station! This is the case. The Social Development Department was called in to assist in the case. Whilst they were trying to resolve the case, she co-operated.
However, for other reasons a case was opened against the woman – it was alleged that she wanted to kill herself and her four children. One day she went to a shop and came back with milk in her hands, but it was claimed that she had petrol. She asked: "Why don't you arrest me and take my fingerprints?" She was a suspect because there was a five litre container of petrol standing there. Because of the collaboration between the state organs and whoever was involved, the police did not follow that up. She said: "I am here – arrest me and do what you are supposed to do." That was not done.
What they did was to remove her children from her and place them in a shelter, but they left her two sons behind. She went to the shelter too. Whilst she was there she realised that her sons were living alone and she was not sure what was happening. So she had to leave the shelter and find out who was assisting those kids, because two of her children were in a shelter and the other two were living alone without money. Who was looking after them?
The woman did not have parents. She was raised by people that picked her up from the streets of Mpumalanga. She worked in Witbank as a security guard. The division she worked for in Witbank in Mpumalanga closed down. Unfortunately, they were all retrenched because of what had happened there. They were then transferred to Pretoria, which is how she came to be living in Mamelodi.
What is important is that I am giving an illustration of what the state did to this woman. She has been calling on the police and the Social Development Department saying: "You cannot do this to me!" Ultimately what they did, because they could not arrest her or do anything else to her, is that they took her other two kids to a shelter too.
She then asked them a question. "My eldest daughter is 17 years old, and, if you say I am unfit to be a mother, how did I raise her to this age? Why did I not do all these things all along? Why are all these things happening now?" These are the questions she has been asking all along.
I am relating this story precisely because this Act was used and abused to oppress this particular woman. Now we need to be very clear that we do not come with legislation that our organs of state can abuse – it has been indicated that there has been a lack of training and so on, and the abuse that is there in the system itself can create harm like it has done with this woman.
She said yesterday that she would not go to a shelter and she wanted her children back. She had raised them all along and she would live with them anywhere, wherever the state provided for her. She further said she had been very hurt because of the state and all that had happened with the police and social workers.
When we told the social workers yesterday that these were the issues that had been raised, even the community there said it was wrong and this woman had been unfairly treated. They know the situation. They have been calling on the state to look into this particular matter and deal with it properly, but the state has failed to do so. Yesterday she was taken in by the community to stay with them. She was removed from the streets so that a specific process could be followed.
In conclusion, what I am calling for is that we should make sure that we monitor and follow up all these cases, so that legislation is not used against members of the community. I thank you. [Applause.]
Debate concluded.
The Council adjourned at 15:41.
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