Hansard: NCOP: Motion
House: National Council of Provinces
Date of Meeting: 19 Mar 2013
Summary
No summary available.
Minutes
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 19 March 2013 Take: 39
START OF DAY
TUESDAY, 19 MARCH 2013
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
_________________
The Council met at 14:06.
The Deputy Chairperson took the Chair and requested the members to observe a moment of silence for prayers or meditation.
NOTICES OF MOTION
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 19 March 2013 Take: 39
START OF DAY
The DEPUTY CHAIRPERSON OF THE NCOP: Hon Lees, should we borrow a pillow for you?
Mr A LEES: Hon Deputy Chairperson, I am uncomfortable but I am fine. Thank you very much.
The DEPUTY CHAIRPERSON OF THE NCOP: Are you sure? Okay. [Interjections.] I know that he actually injured his back. [Interjections.] Mr Bloem, you are a latecomer and you are disturbing the Chamber. Please, I am begging you, just sit down and behave.
Mr D V BLOEM: I apologise, Madam.
The DEPUTY CHAIRPERSON OF THE NCOP: Thank you.
Mr D A WORTH
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 19 March 2013 Take: 39
The DEPUTY CHAIRPERSON OF THE NCOP
NOTICES OF MOTION
Mr D A WORTH: Deputy Chair, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the DA:
That the Council–
(1) notes that the most expensive website in the country is in Bloemfontein since the Free State government has paid R40 million for the site;
(2) further notes that an analysis of the tender award suggests that the final price tag could be at least R97 million, but the Free State website could have been constructed for less than R20 000 because the website uses a template called WordPress which can be bought for R400 00;
(3) also notes that the Free state website was created by Ikamva, Juggernaut and Cherry Online Designs which is run by a businessman in the province who runs a media company that publishes a newspaper called The Weekly;
(4) acknowledges that last week the Premier of the Free State, Mr Ace Magashule, fired the MEC for Finance because the Minister refused to authorise the dodgy tender;
(5) further acknowledges that the Premier promptly replaced him with the province's Director-General, Ms Elsabe Rockman who coincidentally authorised the R40 million website tender in the first place; and
(6) also acknowledges that, as a Sunday newspaper quite rightly stated, governance in the Free State has been made a mockery of.
Mr F ADAMS
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Mr D A WORTH
Mr F ADAMS: Hon Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf the ANC:
That the Council–
(1) notes with concern that the Western Cape provincial Departments of Roads and Public Works had spent only a third of its infrastructure budget by December last year;
(2) further notes that it further failed to meet the 50% of its own targets to build houses and to resurface roads while the province's departments of Health and Education had spent only just over 50% of the infrastructure budget at the same time;
(3) also notes with concern that it is almost impossible to respectively spent two thirds and more than 50% of the budgets in the remaining three months of the financial year and that the poor communities of Khayelitsha and others will be the biggest losers because of the DA-led government's failure;
(4) acknowledges that among the excuses now put forward by the DA for its failure, are alleged problems with contracts and the grading of work when such problems should have been addressed and resolved before the end of the previous financial year;
(5) further acknowledges that the High Court has set aside another contract after it had ruled that the entire tender process has been fatally flawed;
(6) concurs with the MEC for Finance that if the MECs and their departments do not perform and are unable to spent the money, they would not get it; and
(7) calls on the National Treasury to urgently assess this situation.
Mrs B L ABRAHAMS
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Mr F ADAMS
Mrs B L ABRAHAMS: Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the DA:
That the Council–
(1) notes that the death of Mido Macia on the East Rand brought back the Marikana incident memories which spoiled the images of the police and the associated security structures;
(2) further notes that today in the Sowetan newspaper there is an article about a 60-year-old woman, Sindiswa Hejana who has allegedly been assaulted by the Tshwane Metro Police woman, and was kept in custody for two days;
(3) acknowledges that the Minister of Police and the National Commissioner can no longer avoid the fact that the reinstatement of a military image of the police does not enhance public trust and respect; and
(4) calls for a debate to discuss the brutal actions by the undisciplined police staff and for a full investigation into the police brutality.
Mr W F FABER
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Mrs B L ABRAHAMS
Mr W F FABER: Hon Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the DA:
That the Council–
(1) notes that on 6 March, the DA increased its votes from 4% to 39% during the municipality by-election in Ward 4 in Magareng, in a period of 4 years;
(2) further notes that this shows that even though the ANC retained the seats in one of their strongest wards in the Northern Cape, voters lost trust in them and therefore decided to vote for the DA that has a trusted good track record in service delivery;
(3) acknowledges that it is thus obvious that the Northern Cape province will be the next province that will be taken over by the DA in the 2014 elections;
(4) further acknowledges that the people of Northern Cape have had enough of the corrupt leadership of the ANC provincial government's three MECs, John Block, Patrick Mabilo and Alvin Botes, as well as the NA Member of Parliament, Yolanda Botes who is awaiting trial on charges of fraud; and
(5) recognises that the people of the Northern want change in the province, and it is evident from the voting polls in the municipal by-elections.
Mr H B GROENEWALD
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Mr W F FABER
Mr H B GROENEWALD: Hon Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the DA:
That the Council–
(1) notes that the Railway Safety Regulator Chief Executive Nkululeko Poya has allegedly appointed his friends, relatives and the mother of his child, Tamia Sopotela at the taxpayer's expense;
(2) further notes that Tamia Sopotela has been appointed as an inspector at the Durban office and earns close to R500 000 a year;
(3) acknowledges that Poya has allegedly already appointed a friend, Mandla Ndudane, who previously worked at the Department of Roads and Transport in the Eastern Cape and that Mandla's integrity was questionable;
(4) further acknowledges that in another questionable appointment, the Railway Safety Regulator employed Archie Mbatha who had been found guilty on several charges of misconduct by his previous company; and
(5) requests for a serious investigation into the chief executive's working relations with his employees and to take immediate action if any of these allegations are true.
MOTIONS WITHOUT NOTICE
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Tuesday, 19 March 2013 Take: 40
NOTICES OF MOTION
NATIONAL WATER WEEK
(Draft Resolution)
Mrs A N D QIKANI: Deputy Chair, I hereby move without notice:
That the Council–
(1) notes with appreciation that yesterday, Monday 18 March, marked the start of National Water Week and the theme for this year is: Water is life, respect it, conserve it and enjoy it;
(2) further notes that the Department of Water Affairs explained that the theme seeks to emphasise the role of water as being central to all forms of life;
(3) also notes that the department appealed to South Africans to preserve water, while they enjoy this resource which is finite in this country;
(4) acknowledges that South Africans should also ensure that they engage in some kind of a mind shift in terms of how water is used;
(5) further acknowledges the opportunity to express its support for the theme of this year's National Water Week; and
(6) calls upon all communities to respect the week in sympathy with millions of rural people who on a daily still experience water shortages and bad water quality.
Motion is agreed to in accordance with section 65 of the Constitution.
Ms B V MNCUBE
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Tuesday, 19 March 2013 Take: 40
Mrs A N D QIKANI
CALLS TO BAN AND CLASSIFY LETHAL NYAOPE DRUG AS AN ILLEGAL SUBSTANCE
(Draft Resolution)
Ms B V MNCUBE: Hon Deputy Chairperson, I hereby move without notice:
That the Council–
(1) notes with appreciation the intensifying calls to classify the lethal nyaope drug as an illegal substance and to ban it;
(2) further notes that this killer drug is a powder-like mixture of rat poison, heroin, antiretroviral medications and dagga;
(3) also notes that statistics showed that 60% of crimes nationally are related to substance abuse and that nyaope users constitute a substantial number of abusers;
(4) acknowledges that young people, between the ages of 13 and 19, are dying out there;
(5) further acknowledges that because it is not illegal, it rapidly infiltrates townships; and
(6) supports the call which seeks to combat the scourge of drugs and save the lives of young people for a better tomorrow.
Motion is agreed to in accordance with section 65 of the Constitution.
Mr T M H MOFOKENG
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Ms B V MNCUBE
50-YEAR-OLD PARAPLEGIC RONNIE FAKUDE AWAITING TRIAL IN GROOTVLEI PRISON IN BLOEMFONTEIN
(Draft Resolution)
Mr T M H MOFOKENG: Hon Deputy Chairperson, I hereby move without notice:
That the Council–
(1) notes with concern that a 50-year-old paraplegic, Ronnie Fakude, who is awaiting trial on charges of fraud, has been in prison for the past 15 months as he cannot afford bail;
(2) further notes that he was advised by the investigating officer and the prosecutor that he could not apply for bail until the investigation was completed;
(3) also notes with concern that this person who suffers from various illnesses, also paralysed from his waist down and in nappies as he has no control over his organs, is currently held in the Grootvlei Prison in Bloemfontein in the Free State;
(4) acknowledges that he is in an overcrowded cell while he has been refused medical attention, has not been provided with a wheel chair and had to drag himself around;
(5) also acknowledges that only after his plight has been reported in the local and overseas media, was he moved to the hospital section of the prison where he must however face a plague of rats; and
(6) calls on the Ministers of Correctional Services and of Justice and Constitutional Affairs, and all relevant authorities to intervene and investigate the matter urgently, and if necessary, take appropriate corrective measures immediately.
Motion is agreed to in accordance with section 65 of the Constitution.
Ms B P MABE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 19 March 2013 Take: 40
Mr T M H MOFOKENG
BRUTAL ASSAULT ON 23-YEAR-OLD MAN IN RANDFONTEIN IN GAUTENG
(Draft Resolution)
Ms B P MABE: Hon Deputy Chairperson, I hereby move without notice:
That the Council–
(1) notes with concern another recent brutal assault of a 23-year-old man by the community in Randfontein in Gauteng in the presence of the police while they allegedly failed to come to his rescue;
(2) further notes that the man was allegedly accused of stealing a car battery, had his hands and feet bound to a tree and was beaten like an animal while acid was poured on parts of his body;
(3) also notes that when the family of the man who was in hospital with serious injuries reported the matter to the police, the police allegedly refused to open a case and claimed that the family could not open a case on his behalf, only he could do so;
(4) condemns the brutal and barbaric act and the alleged failure of the police;
(5) calls on the Minister of Police and his department to investigate the matter urgently and to take the appropriate action against the relevant police officers; and
(6) also calls upon the Minister to ensure that the perpetrators who are responsible for this deed face the full might of the law.
Motion is agreed to in accordance with section 65 of the Constitution.
Mr M H MOKGOBI
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 19 March 2013 Take: 40
Ms B P MABE
CONTROVERSIAL AND QUESTIONABLE REZONING OF PUBLIC LAND BY THE CITY OF CAPE TOWN
Mr M H MOKGOBI: Hon Deputy Chairperson, I hereby move without notice:
That the Council–
(1) notes the controversial and questionable rezoning of public land by the City of Cape Town;
(2) further notes the approval to build a shopping mall on the land at Princess Vlei in Cape Town, which has been a popular recreation area for generations on the Cape Flats, particularly for residents of the poorer neighbouring areas and communities;
(3) also notes with concern that various allegations of fraud and serious irregularities in the processes have since been uncovered, and included among others:
(a) the bidding company that ceased to exist in 2010 when it was deregistered - now operating under the name of another entity - is requesting the Western Cape MEC for Environmental Affairs and Development Planning to extend the approvals; and
(b) the environmental consultancy that carried out the environmental impact assessment and, which by law must be independent, was also owned by the directors of the bidding company;
(4) further notes that the National Prosecuting Authority is currently investigating allegations of corruption;
(5) calls on the Department of Co-operative Governance and Traditional Affairs to also refer the matter to the Public Protector for urgent investigation; and
(6) further calls on the City of Cape Town and the relevant MEC to rescind the approvals pending the outcome of such investigation.
Motion is agreed to in accordance with section 65 of the Constitution.
Mrs R M RASMENI
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 19 March 2013 Take: 40
Mr M H MOKGOBI
STRUGGLE STALWART HASSAN HOWA HONOURED BY THE UNIVERSITY OF WESTERN CAPE
(Draft Resolution)
Mrs R M RASMENI: Hon Deputy Chairperson, I hereby move without notice:
That the Council–
(1) notes the news about a struggle stalwart, Hassan Howa, who was honoured by the University of the Western Cape on Sunday at one of their March graduation ceremonies;
(2) further notes that he received a posthumous honorary doctorate for his selfless dedication to promoting sport amongst the oppressed and his relentless efforts to attain nonracism in sport;
(3) also notes that Howa was a founding member of the SA Cricket Board of Control in 1947 and famously coined the phrase "no normal sport in an abnormal society";
(4) acknowledges that he opposed the sporting restrictions placed on nonwhite people by the apartheid government and refused to work with apartheid-endorsed cricket establishments in the Western Cape;
(5) further acknowledges that he was also a founding contributor to the SA Council of Sports, where he lobbied for the creation of an overarching body that would transcend boundaries of race-based sport;
(6) also acknowledges that under the council, he also advocated for the expulsion of South Africa from international sport;
(7) notes that despite constant harassment by the apartheid police, he never ceased to work against discriminative practices within sport; and
(8) welcomes the recognition of one of the great sons of our country by an institution of higher education; and hopes that, together with other institutions, government will constantly acknowledge the contributions made by many South Africans over many years in the struggle for a nonracial, nonsexist, democratic and prosperous South Africa.
Motion is agreed to in accordance with section 65 of the Constitution.
Mr V M MANZINI
UNREVISED HANSARD
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Tuesday, 19 March 2013 Take: 40
Mrs R M RASMENI
KAIZER CHIEFS KEEPER ITUMELENG KHUNE NAMED BAFANA BAFANA CAPTAIN
(Draft Resolution)
Mr V M MANZINI: Hon Deputy Chairperson, on behalf of the DA, I hereby move without notice:
That the Council–
(1)notes that Itumeleng Khune, the Kaizer Chiefs goalkeeper, has been appointed as captain of Bafana Bafana and that it is actually the second time that Khune will be leading Bafana Bafana, after he also captained them in a friendly game against Malawi last December;
(2)further notes that this is a World Cup qualifier, a far-grander stage for the 25-year-old to sport an arm band;
(3)also notes that the Chiefs goalkeeper also launched what seemed to be staunch defence of time wasting tactics;
(4)acknowledges that the Kaizer Chief keeper has been in fantastic niche for the club and the country for sometime now, as well as his leadership skills; and
(5)also acknowledges that his regular place in the Bafana Bafana line-up has made him a natural choice for the replacement of a captain.
The DEPUTY CHAIRPERSON OF THE NCOP: Hon Bloem! [Interjections.]
Mr D V BLOEM: I am objecting.
Mr DEPUTY CHAIRPERSON OF THE NCOP: Hon members, in light of the objection, the motion may not be proceeded with. [Interjections.]
Hon members!
The Motion Without Notice will now become a Notice of Motion.
Mr T L MAKUNYANE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 19 March 2013 Take: 40
Mr V M MANZINI
SENIOR LIMPOPO POLICE OFFICER ARRESTED FOR SELLING FIREARMS TO THE PUBLIC
(Draft Resolution)
Mr T L MAKUNYANE: Hon Deputy Chairperson, I hereby move without notice:
That the Council–
(1) notes with shock the arrest of a senior Limpopo police officer during the weekend for allegedly selling to the public illegal firearms that had been intended for destruction;
(2) further notes that the 41-year-old officer, stationed in Polokwane, has been placed in charge of an SAPS storeroom;
(3) also notes that all illegal firearms that were recovered during operations and those that people voluntarily handed in were stored in the vault;
(4) further notes that the officer then illegally sold them to the public, before registering them in their books;
(5) commends the police for working very hard while trying to root out bad apples within their ranks; and
(6) calls upon members of communities to work together with law enforcement agencies in reporting and dealing with criminal activities in communities, and especially within the system.
Motion is agreed to in accordance with section 65 of the Constitution.
Mr K A SINCLAIR
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 19 March 2013 Take: 40
Mr T L MAKUNYANE
YEAR CRIME STATISTICS IN SOUTH AFRICA REPORTED BY SA INSTITUTE OF RACE RELATIONS
(Draft Resolution)
Mr K A SINCLAIR: Hon Chairperson, I hereby move without notice:
That the Council–
(1) notes that according to the SA Institute of Race Relations, more that 3,3 million crimes occur per year in South Africa;
(2) further notes that in 2011, 1,7 million crimes were
not reported to the police;
(3) also notes that more than 1 000 murder cases went
unreported, and according to the report of the SA
Institute of Race Relations, the ratio is more
than three cases per day;
(4) realises that the impact of under-reporting has a
serious effect on the effectiveness and efficiency of
the SA Police Service; and
(5) calls on all people affected by crime to report it as
swiftly as possible. [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP: I heard that. I heard the remark.
Motion is agreed to in accordance with section 65 of the Constitution.
Mr M J R DE VILLIERS
UNREVISED HANSARD
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Tuesday, 19 March 2013 Take: 40
Mr K A SINCLAIR
MOTION OF CONDOLENCE
(The late Mandy Rossouw)
Mr M J R DE VILLIERS: Hon Chairperson, I hereby move without notice:
That the Council–
(1) notes with sadness the passing away on Monday last week of renowned journalist Ms Mandy Rossouw, who was only 33 years old;
(2) further notes that Mandy was a political writer and news reporter for both the Rapport and City Press newspapers, had international calibre, was a high quality person and was loyal to her work and colleagues;
(3) also notes that the world and South African media will miss her and will certainly struggle to fill the huge footsteps she left; and
(4) takes this opportunity to convey its deepest sympathy and loving support to her family, friends and employers.
Motion is agreed to in accordance with section 65 of the Constitution.
Mr D JOSEPH
UNREVISED HANSARD
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Mr M J R DE VILLIERS
CONTRIBUTION BY NKOMATI MINE AND AFRICAN RAINBOW MINERALS TO CAROLINA AND BADPLAAS COMMUNITIES
(Draft Resolution)
Mr D JOSEPH: Hon Chairperson, I hereby move without notice:
That the Council–
(1) notes with appreciation the contribution by the Nkomati Mine and African Rainbow Minerals towards their social responsibility in the community of Carolina and Badplaas in Mpumalanga;
(2) further notes that the Nkomati Mine has contributed a total sum of R4 million for the upgrading of the Badplaas water treatment plant;
(3) also notes that the company is currently building offices for nine small businesses;
(4) acknowledges that the quality of life, health and job opportunities have been enhanced through this project and many others in the mine; and
(5) takes this opportunity to commend the contribution of the Nkomati Mine and wishes to encourage other mines in the Gert Sibande District Municipality to support their surrounding communities through social projects.
Motion is agreed to in accordance with section 65 of the Constitution.
SUBJECT FOR DISCUSSION
UNREVISED HANSARD
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Tuesday, 19 March 2013 Take: 41
MOTIONS WITHOUT NOTICE
UNITED IN ADVANCING SOCIOECONOMIC FREEDOM FOR ALL
(Debate on Human Rights Day)
The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Deputy Chairperson, hon members and fellow South Africans, a generation is defined variously; as the average period during which children grow up and have children of their own – generally regarded as about 30 years. It is also regarded collectively as all the people who are born and are living at about the same time.
On Thursday 21 March 2013, according to the first definition of a generation, we would have commemorated Human Rights Day for almost two thirds of a generation. On 21 March 1960, our nation and the world were horrified when 69 people were brutally killed and hundreds injured as police opened fires on unarmed demonstrators who were protesting peacefully against the pass laws in Sharpeville. Also, three people in KwaLanga and one person in Vanderbijlpark were killed at similar demonstrations.
Based on the decision of the United Nation General Assembly taken in 1966, the day is commemorated internationally as the international day for the elimination of racial discrimination. We honour and pay tribute to those who suffered for justice and freedom in our country. Their memory must serve as an inspiration for us to celebrate and defend our Constitution - the supreme law of the Republic - and work to realise its vision of a united, nonracial, nonsexist democratic and just society in which all forms of racism, racial discrimination, xenophobia and related intolerances are rooted out.
Franz Fanon tells us in the book titled The Wretched of the Earth that each generation must, out of relative obscurity, discover its mission, fulfil it or betray it. We must then ask ourselves how, on this Human Rights Day regarded collectively as all the people born and living at the same time, are we able to answer the challenge put to us by Franz Fanon?
We will be commemorating and celebrating Human Rights Day under the theme: United in Advancing Socioeconomic Freedom for All. The President of the Republic will address the nation at Embekweni Community Sport Centre in Paarl, in the Western Cape, an appropriate venue for a number of reasons. It is appropriate because President Nelson Mandela served the last three years of the 27 years that he spent in prison, incarcerated at the Victor Verster Prison, now known as the Drakenstein Correctional Centre.
The image of Nelson Mandela emerging from this prison on 11 February 1990, into what was then still profoundly not a free society, remains for many one of the most vivid symbols of the start of our transition from apartheid to democracy.
It was this transition, brought about by decades of struggle, which made it possible for us to say with pride today that we have defeated the vicious system of apartheid, declared a crime against humanity and replaced it with the constitutional democracy serving the needs of all its citizens.
We have established and continued to consolidate institutions that support democracy and protect the rights of our citizens such as the Office of the Public Protector, the SA Human Rights Commission, the Office of the Auditor-General, the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities and the Commission for Gender Equality.
The Independent Electoral Commission, the IEC, has overseen nine elections at national, provincial and local levels.
Parliament and provincial legislatures fulfil their constitutional mandate, which is to legislate and oversee the work of the executive.
The independence of the judiciary is protected and respected. The World Justice Project has recently released its Rule of Law Index for 2012.
South Africa is placed in the top half of the rankings amongst the upper middle-income countries in most indicators.
Likewise, we were honoured that when South Africa presented its Second Universal Periodic report to the UN Human Rights Council in May and September last year, the report was very well received. And the states commended South Africa for the following: its commitment to human rights and improving the lives of its citizens; the delivery of basic services such as housing, health and education; and its leading role in the UN Human Rights Commission, especially regarding the rights of lesbian, gay, bisexual, transgender and intersex, the LGBTI, persons.
It's also appropriate that Human Rights Day is being held in Paarl because the recent strikes by farm workers, the incidents of sexual and gender-based violence and the disparities in access to land and income in the area remind us that we still have a very long way to go.
At the ANC's Bill of Rights Conference in 1991, the former President Nelson Mandela insisted that, and I quote:
A simple vote, without food, shelter and health care is to use first generation rights as a smokescreen to obscure the deep underlying forces which dehumanise people. It is to create an appearance of equality and justice, while by implication socioeconomic inequality is entrenched.
In paying tribute to the late former Chief Justice Arthur Chaskalson, President Zuma said, and I quote:
We know what he wanted to see in our country. He wanted to see what is spelled out in our nation's National Development Plan, where all South Africans can say: We have water; we use a toilet; we have food on the table; we fall asleep without fear; we listen to the rain on the roof; we gather together in front of heat.
It is a society where by 2030, each community should have the following: a school, teachers who love teaching and learning, a local library filled with a wealth of knowledge, a librarian, a police station with respected and upright police and a clinic with nurses who love caring for people.
Once we have achieved these goals, we would have made his contribution to have been worth it.
He reiterated the pronouncement of the Constitutional Court made in 1998 in the Soobramoney case that, and I quote:
We live in a society in which there are great disparities in wealth. Millions of people are living in deplorable conditions. There is a high level of unemployment, inadequate social security, and many did not have access to clean water or adequate health services. These conditions existed when the Constitution was adopted and a commitment to address them and to transform our society into one which there will be human dignity, freedom and equality, lies at the heart of our new constitutional order. For as long as these conditions continue to exist, that aspiration will have a hollow ring.
In memory of the late former Chief Justice Arthur Chaskalson, the executive commits to do better than before in improving the implementation of programmes that are meant to improve the lives of our people.
Since 1994, the number of households with access to electricity is now at 12,1 million, which translates to 85%. Nine out of 10 households have access to water and 96% of children below the age of 15 are in school.
Whilst access to education is now nearly universal and each year the annum results have demonstrated steady improvement in the quality of education, much more needs to be done, especially in the fields of maths, science and technology.
Two point six million subsidised houses have been built, providing shelter for more than 10 million people. Over 700 clinics have been built, and significant progress has been made towards strengthening the primary health care system and the introduction of the National Health Insurance Fund, the NHIF.
In keeping with our commitment to the realisation of socioeconomic rights, the UN International Covenant on Economic, Social and Cultural Rights will soon be introduced to Parliament for ratification.
A serious challenge to the realisation of the socioeconomic rights contained in the Constitution is that of crime and corruption. We agree with the words of the late former Chief Justice Chaskalson where he said, and I quote:
Corruption and maladministration are inconsistent with the rule of law and the fundamental values of our Constitution. They undermine the constitutional commitment to human dignity, the achievement of equality and the advancement of human rights and freedoms. They are the antithesis of an open, accountable, democratic government required by the Constitution. If allowed to go unchecked and unpunished, they will pose a serious threat to our democratic state.
A reflection of the seriousness with which government takes this challenge is the resources that are being allocated to our corruption busting institutions at a time of general fiscal constraint.
The budget of the SA Human Rights Council increased by 66% over the past five years, from R60 million to R100 million for the current financial year. Funding for the Public Protector has increase by 95% over the past five years, from R86 million to a very substantial R173 million. The Special Investigating Unit, the Siu, at the forefront of our fight against corruption, has seen its budget increase by 32% per annum over the past five years; rising from R116 million to R307 million.
Over the past three years, President Zuma has issued an unprecedented 33 Presidential proclamations which authorised the SIU to investigate state institutions.
Corruption-busting institutions indeed have a formidable arsenal of legislation at their disposal and our institutions enjoy protection, respect and independence.
However, the fight against corruption is very far from being won, and we are not able to claim yet, but have done all we can as best as we can. The National Development Plan highlights the following essential matters.
In addition to political will, corruption has to be fought on three fronts: deterrence, prevention and education. Deterrence helps people to understand that they are likely to get caught and punished, prevention is about systems that make it hard to engage in corrupt acts and the social dimensions of corruption need to be tackled by focusing on values, through education.
For this reason, the Minister of Justice and Constitutional Development also recently announced that the names of those convicted of corruption would be published.
Also, the Minister of Public Service and Administration has announced that legislation barring public servants from doing business with their departments would be introduced.
We also know that for as long as there are 64 000 cases of rape that have been reported to the police - like there were last year - for as long as women and children live in fear, and for as long as hate crimes are perpetrated against members of the LGBTI community, the promise of our Constitution would not have been realised.
South Africa has some of the best and most advanced legislation and policies against sexual and gender-based violence. The SA Police has reintroduced the family violence, child protection and sexual offences units.
The Thuthuzela Care Centres, which are operated by the National Prosecuting Authority, the NPA, are aimed at improving the care and treatment of rape victims at all points in the criminal justice system.
In the Budget, which was tabled by the Minister of Finance on Wednesday, provision has been made for increasing the number of Thuthuzela Care Centres from 35 to 55 by 2015-16.
The Minister of Justice and Constitutional Development has also announced the intention to accelerate the establishment of sexual offences courts. It is envisaged that 58 courts will be introduced in the first six months of the new financial year. But the criminal justice system, no matter how effective we make it, can only be a part of the solution.
Eliminating sexual and gender-based violence is inextricably linked to the fundamental transformation of our society from the one characterised by patriarchal attitudes and power relations to a truly nonsexist society.
Another challenge is that of the land question. The centenary of the 1913 Land Act is a stark reminder of the fact that apartheid colonialism turned black people into pariahs in their own land and the need to deal expeditiously with the land question in the context of the law and the Constitution.
Policy and legislative steps are being taken to address the issue through the implementation of the just and equitable principle for compensation, as set out in the Constitution. These measures are being taken in ongoing discussions with stakeholders.
It is curious then that the hon Lindiwe Mazibuko, the parliamentary leader of the DA, has made the following remarks in a piece published in the Sunday Independent after the state of the nation address. She said the President, and I quote:
Instead of condemning the willing-buyer, willing-seller principle, he should have focused on the proposals of the NDP which the DA supports. The President played a game of smoke and mirrors. He said that his government would be guided by the constitutional principles underpinning land reform, but the same Constitution prescribes the willing-buyer, willing-seller principle.
Now, section 25 - the property clause in the Constitution that I remember being part of when it was written - provides that: Property may be expropriated only in terms of the law of general application. The amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances, including firstly, the current use of the property; secondly, the history of the acquisition and use of the property; thirdly, the market value of the property; fourthly, the extent of direct state investment and subsidy in the acquisition and beneficial capital improvement of the property; and the purpose of the expropriation. For the purposes of this section, the public interest includes the nation's commitment to land reform, and reforms to bring about equitable access to all South Africa's natural resources; and it also makes the point that property is not limited to land.[Time expired.]
Could I take a bit of time in advance? I'm very close to the end. I would take about three minutes and would pay at the end.
The DEPUTY CHAIRPERSON OF THE NCOP: Okey. Hon members, I have just offered him a few seconds.
The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: The question that this House, and indeed all of us as South Africans must consider, is why is it that exactly at this juncture of our history, when government is taking steps to speed up socioeconomic transformation, that we witness a concerted attempt to falsify the true transformative content of our Constitution and to paint the picture of a government and an ANC that cannot be trusted to uphold the Constitution and the Rule of Law - a picture that is painted contrary to all objective evidence?
In conclusion, I wish to raise the question of the role of national days in the promotion of social cohesion and national unity. I came across the following piece about Human Rights Day in an online magazine focusing on Cape Town; it says, and I quote: "Officially declared a public holiday in 1994, Human Rights Day, 21 March, serves both a reminder of the happenings at Sharpeville as well as a celebration of Mzansi's unique foundation, which gives all citizens equal rights."
So far so good, however, it continues and says:
This year, the national day off falls on a Thursday, all the more reason to put in a day's leave on Friday, and what better way to celebrate this coveted long weekend interlude than with a range of activities and things to do in Cape Town.
Thus, eat, drink, be merry and celebrate Human Rights Day in Cape Town and surround with a handful of off-the-hook and downright delicious events in the Mother City. There is a heap of highlights on offer; from live music shows to free parties, decadent dinners to thought-provoking plays and much more.
It then gives a list of top 10 suggestions for things to do on Human Rights Day, one of which is - I will not mention the institutions, but it says: Celebrate Human Rights Day in Cape Town on the seaside terrace of the X hotel at the X Waterfront. The ocean front eatery is serving up a range of cocktails available at a 30% discount and live entertainment to commemorate this historic day. Chill out on the outdoor terrace and soak up the sun on the day.
I hope then that hon members will be attending the Human Rights Day in Paarl or participating in other activities in their constituencies that give real meaning to the content to Human Rights Day - content that will make us more united in pursuing the goal of advancing socioeconomic freedom for all, thereby celebrating, defending and realising the transformative vision of our Constitution. I look forward to the debate and to hearing the views of the members of this House. I thank you. [Applause.]
Mr W F FABER
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 19 March 2013 Take: 42
The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT
Mr W F FABER: Hon Deputy Chairperson, thank you for the opportunity to participate in the debate on the topic: United in advancing socioeconomic freedom for all. South Africa has one of the highest rates of unemployment in the world and 39% of the population live below the poverty line. While the cost of living rises, our biggest problem we face as a nation is that poverty.
Poverty robs people of dignity, keeps them locked out of opportunities, stops their development and prevents them to live a life they value. The unemployment and poverty crisis has the potential to rip our nation apart, but if South Africans unite behind a plan to overcome it, that plan could provide the glue that brings us together to build one nation, with one future. The DA has such a plan to advance socioeconomic freedom.
The legacy of the past is still with us. It shapes who we are, what we value, how we view one another and what we want to achieve as a nation. It explains how we got where we are today and gives us clues about what needs to be done to build the kind of society in which all South Africans have the skills, opportunities and the means to build a better life.
Our history reminds us how far we have come as a nation, but also how far we still have to go. This history of marginalisation and exclusion restricted our nation's talent. It is a history that has consequences that continue to impact on our daily lives.
The DA also believes that building an open and inclusive economy that delivers opportunities for all is not optional. It is built in the founding document of our democracy – the Constitution. In the Bill of Rights chapter, it is made explicitly clear that everyone has the right to decent education, to have access to healthcare, food, water and social security, as well as to access adequate housing. The current national administration has actually failed to deliver these to the people of South Africa. [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP: Order!
Mr W F FABER: Madam Chair, will I get an extra minute because of the interruption?
The DEPUTY CHAIRPERSON OF THE NCOP: No, you won't. I won't give you any extra minute.
Mr W F FABER: Thank you. International experience has shown that pursuing high rates of economic growth is the only successful and sustainable way to address our country's biggest challenge. The persistently high levels of poverty, nearly two decades after the end of apartheid, still continues to rob millions of South Africans of their right to a better life.
Investment and growth are the essential ingredients for building an open and inclusive economy. Numerous economic studies have shown that the economy would have to grow at a minimum rate of at least 7% per year to make a significant impact on unemployment.
The DA's plan is to achieve 8% growth in the Gross Domestic Product in South Africa ... [Interjections.] ... in five clearly and highly structured policy papers - the strategy to breakdown barriers to economic opportunities, create jobs, sharpen our country's international competitiveness, enhance trade and investment, and ensure growth and sustainability in a long-term.
The DA understands the nature of the problem and has a plan to fix it. The plan is one that draws out our country's best research expertise and is inspired by international best practice. It accepts that business as usual will not solve our country's problems, which will need tough policy choices to be taken.
The 8% growth project is the DA's policy agenda for economic challenge and change that will open job opportunities to millions of South Africans. It sets out we will operate to change our economy from one that grows at 3% per year to 8%.
Economies like Peru, Singapore and Vietnam have all recently achieved annual growth rates of 8%, and their average growth rates have exceeded 6% over the past decade. This has allowed them to achieve extraordinary results in tackling social skills like poverty, unemployment and inequality. South Africa, on the other hand, has on average a growth rate of 3,6%.
This has not been sufficient to significantly roll back unemployment or provide opportunities for people to lift themselves out of poverty.
Economic growth is the essential ingredient. No country has created jobs without growth. There are many constraints to growth in our country. What underpins them all is the fact that too many South Africans are left out of the economy and are thus unable to make a contribution towards driving growth because they can't find work, attain skills, start businesses as they lack access to capital assets.
The DEPUTY CHAIRPERSON OF THE NCOP: Hon Faber, may you please hold on. Hon Tau, use the next mike, please. [Interjections.]
Mr J R TAU: I hope he will say yes. Can the hon member please take a question?
Mr W F FABER: Hon Deputy Chair, I have six minutes, therefore I won't be able to take a question, but if there is time left afterwards, and then I will take a question at any time. Thank you so much.
Mr J R TAU: It is quite unfortunate for him not to define what development in relation to job creation is.
The DEPUTY CHAIRPERSON OF THE NCOP: Alright. Hon Tau, he is excused from taking your question. Hon Faber, you are left with just one minute and nine seconds.
Mr W F FABER: In short, too few people in South Africa participate actively in the country's economy. Eighteen years after the end of apartheid, the basic structure has not changed, and South Africa remains a country of insiders and outsiders with big government, big unions and some anticompetitive big businesses on one side and millions of ordinary South Africans on the other. [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP: Order!
Mr W F FABER: We must make markets work for the many, not just the few. The state has a responsibility to intervene when markets fail, but also when powerful public and private sectors players abuse their markets power at the expense of others.
This is central to the DA's vision of a state that provides an enabling environment for economic growth by ensuring access to markets, credit and skills, limiting negative externalities; attracting trade and investment; and ensuring that the economy has the infrastructure it needs in order to grow. [Interjections.]
Mr R J TAU: Hon Deputy Chair, can the member just focus on the subject matter, which is human rights and not to give us a lecture on economic development and how to liberalise our economy in the country. He must stick to the subject matter, which is: human rights.
The DEPUTY CHAIRPERSON OF THE NCOP: Hon Faber!
Mr W F FABER: Hon Deputy Chair, the subject is on ... [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP: Order!
Mr W F FABER: Hon Deputy Chair, with due respect, the theme is: United in advancing socioeconomic freedom for all.
The DEPUTY CHAIRPERSON OF THE NCOP: Can you conclude?
Mr W F FABER: I will conclude.
We will make it easier for South Africans to start and grow their own businesses. This will give more people the education they need to secure them jobs. We will have to promote investments by companies so that they can create more jobs by hiring and training more people. They will help them to trade with other countries, especially in Africa and so to create more jobs. The DA's plan is thus to advance socioeconomic freedom for all. I thank you. [Applause.]
Mr G G MOKGORO
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 19 March 2013 Take: 43
Mr W F FABER
Mr G G MOKGORO: Hon Chair, whilst we celebrate Human Rights Day with enthusiasm and the 101 years of the existence of the ANC, we also observe with great sadness the 100 years of the 1913 Native Land Act. The Act formalised 87% of land ownerships in South Africa to the white minority and only 13% to the black majority. This was the most devastating measure taken by the white racist government to set out the entire repressive legislation to subjugate our African people. The result thereof is what we are seeing today; joblessness, poverty and inequality.
The ANC, from its formation, has been seized with a huge responsibility of promoting unity, human rights, peace and working tirelessly against all forms of discrimination and segregation.
Remember that the colour bar constitution of 1910, which brought the Union of South Africa into existence, affirmed the white interests at the expense of the black majority. It took away and denied political rights enjoyed by black people, thus establishing the framework for all pervasive discrimination and conflict in later years.
Chair, it is for this reason that throughout the history of the struggle for liberation, the ANC has been consistent in its call for the creation of a nonracial, nonsexist, free, united and democratic South Africa.
The resolutions of the 1949 ANC National Conference, was a step in the right direction as they brought new life to the ANC. They resolved to revitalise the ANC from being a passive organisation to being an activist organisation that culminated in the launch of the 1952 Defiance campaign.
After that massive action, we saw the growth of the ANC which became more and more popular for political participation by
the people from all walks of life.
It was during this period that the ANC has made huge gains because it did not just increase its membership but also brought closer co-operation between itself and other structures, which culminated into a united force speaking with one voice.
The coming together of the leaders of the people, led to the success of the Defiance campaign and the call to organise the Congress of the People - the real Congress of the People - which resulted in the adoption of the Freedom Charter in 1955; a document which represented people's demands for the kind of South Africa they wanted. The demands called for, amongst others, the people to govern, the land to be shared by those who work it, houses, jobs, security and for free and equal education.
The DEPUTY CHAIRPERSON OF THE NCOP: Hon Mokgoro, can you please hold on.
Mr G G MOKGORO: No, no, don't worry, don't worry yourself, hon Chair. [Interjections.] These demands clearly spell out South African people's ... [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP: What do you want? Talk!
Mr K A SINCLAIR: Hon Chairperson, the hon member referred to the real Congress of the People. Is it the one that was established in 2008? [Laughter.]
The DEPUTY CHAIRPERSON OF THE NCOP: Hon member, stop disturbing the speaker. Sit down, please!
Mr G G MOKGORO: Spoiler as usual. These clearly spell out South Africa's people's demands for human rights and the majority rule.
The historical march of our women in 1956 to the Union Buildings in Pretoria, to demonstrate their abhorrence of the intended issuing of the dompas to them, was another added blow to the vicious and evil apartheid system.
The 1960 banning of all liberation movements in South Africa, including the ANC, which has been throughout the history, was another demonstration of a weakness of the apartheid government. It required national dialogue by all stakeholders to come together to chat a way from the apartheid system to a democratic dispensation, where all can enjoy equal political rights.
The 30 years, beginning with the Sharpeville shootings in March 1960, followed by the banning of the ANC and other organisations, and the state of emergency up to the first democratic elections in April 1994, constitute an identifiable historical period. It was during these three decades that apartheid policies were most expansively and aggressively pursued. But the people's movement, the ANC, stood fast and became the leading voice in the struggle for democracy, freedom and human rights in South Africa.
Thus the statement by the then President of the ANC, Oliver Reginald Tambo, during the plenary meeting of the United Nations General Assembly in New York, in October 26, 1976, and I quote:
The ANC, the vanguard organisation of the broad liberation forces of our country for many decades, remains unwavering in its determination to carry out its historic mission of heading all these forces to victory. Despite all attempts to suppress them, its ideas find a ready response from the masses of our people ... Since its foundation; it has, for instance, fought tirelessly to ensure unity in action of all the oppressed people. Today the fruits and that labour are evident to all.
The sadness I felt when I wrote the first paragraph of the speech I am delivering now has been compensated by the realisation of our leaders in government that the principle of willing-seller, willing-buyer has not worked. It could not work as it had not worked.
We should search for a justified, comprehensive and equitable way of restoring the land to the black majority who need it. Only then will there be stability which is the requirement for any developmental process.
When all of us have a piece of land and know that you own it, then people will generate a capacity of ideas about what to do with the land.
In conclusion, I wish to state the obvious that if it were not for the hardships caused by the various apartheid era administrations such as the pain, suffering, exploitation and countless deaths experienced by the defenceless black majority, we would not be here today talking about human rights. In other words, the system that was meant to violently suppress the dignity of the majority of citizens of this country, has had unintended consequences in that it actually caused the quick demise.
w
Thus the adoption of the South African Constitution in 1996, which contains the Bill of Rights, was actually a breakthrough for our people's determination to affirm their dignity, informed by the ANC-led processes like the Lusaka talks - the delegations and dialogues between the ANC and internal nongovernment groups; the Harare Declaration - the ANC's chapter for negotiations; the Groote Schuur, Pretoria, Codesa talks and our own Reconstruction and Development Programme, the RDP.We therefore say: Let us continue to lead our masses of South Africans to the logical conclusion of our struggle to economic freedom. I thank you. [Applause.]
The DEPUTY CHAIRPERSON OF THE NCOP
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 19 March 2013 Take: 44
Mr G G MOKGORO
The DEPUTY CHAIRPERSON OF THE NCOP: Hon Bloem, I never asked you to preach but to take the podium. Can you please start? [Interjections.]
Mr D V BLOEM: Deputy Chairperson, I ...
The DEPUTY CHAIRPERSON OF THE NCOP: Mr Bloem, can you talk, I will protect you. Talk!
Mr D V BLOEM: Deputy Chairperson, the Bill of Rights in Chapter 2 of our Constitution is the 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 state is required to respect, protect, promote and fulfil the rights in the Bill of Rights. We accept that our rights are subject to the limitations contained in section 36 or elsewhere.
Our people suffered under apartheid. Why are they still suffering up until today? We need to address the root causes of inequality, end poverty, hunger and hopelessness now. On the one hand, we must create equal opportunities for honest and hard-working people to earn a dignified living and on the other hand, we have to end institutions of poverty which still threaten our children.
The education system must be reformed, so that our children could be prepared for proper jobs. Job opportunities should be created, which will involve everyone regardless of their political views.
All our money should not be given out for corrupt tenders and so forth, but state resources should be used to encourage entrepreneurs and small businesses. Economic growth should be stimulated through fair entrepreneurship.
I am saying all of us who have a task to fulfil the dreams of Nelson Mandela, Walter Sisulu, Robert Sobukwe and all the other people - the leaders who have suffered and made it possible for us to talk about Human Rights Day.
I urge all of us in this Council to observe the day and say that never and never and never again will the innocent people be mowed down by a vicious government. Thank you very much. [Applause.]
Ms B V MNCUBE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 19 March 2013 Take: 45
Mr D V BLOEM
Ms B V MNCUBE: Deputy Chairperson ... [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP: Just hold on. Hon De Villiers, what about the Deputy Chair? Repeat your words. Let's all hear what you were saying.
Mr M J R DE VILLIERS: Excuse me, Deputy Chair?
The DEPUTY CHAIRPERSON OF THE NCOP: Alright, this is your last warning. Sit down and be disciplined. [Laughter.]
Mr M J R DE VILLIERS: What happened?
The DEPUTY CHAIRPERSON OF THE NCOP: You and him should stop scampering around.
Mr M J R DE VILLIERS: What happened, Deputy Chairperson?
The DEPUTY CHAIRPERSON OF THE NCOP: We are in a process of ...
Mr M J R DE VILLIERS: I didn't do anything.
The DEPUTY CHAIRPERSON OF THE NCOP: Listen, we are in a process of talking about the suffering of innocent people; hence we are celebrating Heritage Day. Let it be for all of us with a conscience.
Mr M J R DE VILLIERS: I did nothing to you.
The DEPUTY CHAIRPERSON OF THE NCOP: No, no, no! Be quiet. I am not going to argue with you. Just behave. Continue, hon Mncube.
Ms B V MNCUBE: Deputy Chairperson, a week ago, a six-year-old ...
The DEPUTY CHAIRPERSON OF THE NCOP: Hon Faber, please don't disturb the process. No, sit down. I am not going to take anything from you. You are always being controversial. Take your seat.
Mr K A SINCLAIR: Deputy Chair, I ...
The DEPUTY CHAIRPERSON OF THE NCOP: No! Take your seat. If you don't want to, the door is not locked. [Laughter.] Hon Faber, it is either you sit down – sorry, Sinclair. It is either you listen ... I mean it.
Mr K A SINCLAIR: Deputy Chair, I don't want any ...
The DEPUTY CHAIRPERSON OF THE NCOP: No, no, no! Sit down! Sit down! It is final, sit down or get out!
Mr K A SINCLAIR: Deputy Chair, you said we would discuss ...
The DEPUTY CHAIRPERSON OF THE NCOP: Sit down or get out!
Mr K A SINCLAIR: We are not discussing Heritage Day yet.
The DEPUTY CHAIRPERSON OF THE NCOP: Where are they? Just call those guys to take him out. That is final. Hon Faber, I am sorry that I mentioned your name. You may sit down. [Interjections.]
Continue.
Ms B V MNCUBE: Deputy Chairperson, a week ago, a six-year-old girl in my constituency was raped by a gardener at her school. He gave her R10 to keep quiet. The perpetrator was apprehended because of the victim's vigilant parent, who noticed discomfort in her daughter. I am sure if given the opportunity, many of you can narrate many sad tales and countless numbers of similar stories in your constituencies.
Our commemoration of Human Rights Day this year is marred by an unprecedented number of cases of brutal rapes, abductions, and the murder of women and children by heartless thugs who have shown utter contempt for our Constitution and the values of our democracy.
The horrendous spate of rapes and violence against women and children that is gripping our country has made it difficult for women – mothers and daughters – in our country to commemorate this important day in the history of our democracy and freedom. It is with utmost sadness that the trajectory of our hard-earned freedom and democracy continues to be characterised by countless numbers of women and children who are brutally raped and killed. Their lives are also condemned to the unprecedented trepidation of living with a great possibility of being raped and killed, even behind the closed doors of their homes, within the gates of their schools, in the streets of their communities, and by the people they know.
It is estimated that over 40% of South African women will be raped in their lifetime. What is even more worrying is that one in nine rapes is reported. According to a report by the United Nations Office on Drugs and Crime for the period of 1998 to 2000, South Africa was ranked first in the world for the number of rapes per capita.
In 1998, a study by Community Information, Empowerment and Transparency Africa found that one in three of the 4 000 women questioned in Johannesburg were raped. There are some women's groups who have estimated that a woman in South Africa is raped every 26 seconds. Whatever the figures, any rape of a woman or a girl is one too many and remains the biggest affront of our democracy.
As we commemorate Human Rights Day, we want to lend a laudable voice of condemnation of the spate of rape and gender-based violence in our society. We want to communicate a clear and unequivocal message to the perpetrators of violence and those who show no regard for the fundamental rights of women and children in our society. The message is that enough is enough. We have made too many calls, appeals and held too many marches. We are prepared to wage a vicious war on gender-based violence and rape in our society.
Our society still suffers from the persistence of religious and cultural practices that are discriminatory towards women and girls. Women in rural areas still face the grim reality of practices such as ukuthwala, or forced marriage, and female genital mutilation. We equally condemn with utter contempt the abduction of boys to undergo cultural practices as a violation of our Constitution. It is clear that the approach of education and advocacy is not yielding the desired outcome. We need to move with utmost urgency and decisiveness to put an end to these practices.
We must ensure that we put a stop to those who continue to force women and girls to marry them, sleep with them without their consent, who dare to abduct them for initiation, or undermine their bodily integrity and constitutional rights in the name of culture.
We need to move with utmost resilience to ensure that our gender machinery framework is legally binding and that those who dare abduct a child under any cultural pretence are made to face the full might of the law. We remain determined to ensure that we complete the task of protecting our children from cultural practices that violate their rights and undermine the values of our democracy.
As we commemorate Human Rights Day today, as the ANC, we want to make a pledge to the women of South Africa that we remain resolute in our resolve and determination to champion their plight and wage a concerted fight against anyone who dares to touch them or do anything to violate their rights and human dignity.
Today, we renew the solemn oath to all women in our country that we shall continue to speak to their aspirations. We shall continue to lend a loud voice to their anguish and suffering. We shall continue to speak against the stench of living in the utmost dehumanising conditions of poverty, unemployment, underdevelopment, poor health, illiteracy and HIV and Aids. We shall work tirelessly to ensure that all women enjoy the fruits of our hard-earned freedom.
One of the forebears of our liberation movement and former president of the ANC, Oliver Reginald Tambo, once said, "The mobilisation of women is the task, not only of women alone, or of men alone, but a task of all of us, men and women alike, comrades in the struggle." It is incumbent on everybody – women and men – to join forces to eradicate patriarchal practices and stereotypical attitudes. The engagement of men and boys is invaluable and incalculable in advancing women's rights and empowerment and in achieving gender equality. We must start with a national task to teach all of our people, especially young people, to internalise gender-sensitive attitudes and practices. We must heed the words of Oliver Reginald Tambo to work together to put an end to patriarchy, as an ideological construct of gender discrimination in our society.
Let us all rally in a national pledge and commitment to ensure that all women, boys and girls in our society enjoy the freedom and democracy that the people of Sharpeville and Langa fought for. Let us all, in our little corners, in the communities where we come from, in the departments and provinces that we lead, rise to the task of the people of Sharpeville and Langa and bring true freedom to all women of South Africa. Let us join in the fierce battle against anyone who dares stand in our collective path and historic resolve to ensure that all women of South Africa see the glowing sunshine of freedom and democracy. Let us all in our words and deeds rise to support the national call that says, "Wathint' abafazi, wathint' imbokodo." [You strike a woman; you strike a rock.] I thank you. [Applause.]
Mr J J GUNDA
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 19 March 2013 Take: 46
Ms B V MNCUBE
Mr J J GUNDA: Hon Deputy Chair, this can't be my time.
The DEPUTY CHAIRPERSON OF THE NCOP: I beg your pardon?
Mr J J GUNDA: Now the time is set right. Thank you, Deputy Chair.
The DEPUTY CHAIRPERSON OF THE NCOP: Don't tell me what to do.
Mr J J GUNDA: It is Human Rights Day.
The DEPUTY CHAIRPERSON OF THE NCOP: Start your speech! [Laughter.]
Mr J J GUNDA: Give me five minutes.
The DEPUTY CHAIRPERSON OF THE NCOP: Hon Gunda, do the job!
Mr J J GUNDA: Hon Deputy Chair, hon Deputy Minister, hon members and all protocol observed, when we look at the theme of today's Human Rights debate, we note that it is uniting and advancing socioeconomic freedom for all. But when we really look at South Africa, a lot has been done and achieved. The challenges that face us are very huge. They are huge because some of us don't understand the principle of the struggle for freedom in South Africa.
There was a struggle for the freedom of South Africa to set the people free not only politically, but also socioeconomically. Let me just say these things.
Africa is a very rich country in minerals and human capital. I think Africa can show the world that we have the best political philosophers in the world, because it is only in Africa where you can find people who can sit around the table, discuss and bring peace to a land and a country where there was war, unemployment, inequality and evil.
Hon Deputy Chair, let me say a few things. It is high time that we set our people free from this scourge of poverty, unemployment and inequalities. I will say this every time I stand on this podium. Why should money be a problem when it comes to setting our people free? Why must we always debate on money when it comes to our people?
The private sector in this country doesn't play its part in developing our people on the ground. It never assists government to do what government is supposed to do. Government on its own can never during its existence create jobs for 10 million people without the private sector investing in human capital.
We must speak the truth from our hearts. I will never wipe out my history. As I was born in this country as a black child, I will die a black child. I was born intelligent and I will die brilliantly. [Interjections.] For the mere fact that I am a black child – and I am saying it today from the depth of my heart – it is very important for us to assist our people.
Hon Deputy Chair, my time is quickly running out. There is something that I need to bring to the attention of this House. It is important to assist the small people in agricultural farming. They can create jobs, develop themselves and feed the country - because they know how to do it - if our government could be assisted by the private sector.
The Industrial Development Corporation, the IDC, and the National Empowerment Fund, the NEF, must stop assisting only big businesses and forget about those people on the ground. The IDC and the NEF must assist us. I thank you. [Time expired.][Applause.]
Prince M M M ZULU
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 19 March 2013 Take: 46
Mr J J GUNDA
IsiZulu:
UMntwana M M M ZULU: Sihlalo, namhlanje eNingizimu Afrika wusuku lapho sibungaza khona amalungelo abantu. Kuwumlando ukuthi ngowe-1960 kwalahleka imiphefumulo yabantu abalinganiselwa ema-69 abanye abalinganiselwa ema-180 balimala bedutshulwa ngamaphoyisa aleli lizwe lakithi. Lolu akulona usuku okumele sibuyele ngalo ezintweni ezindala. Ngalolu suku kumele sibe namasu kanye namaqhinga okuthi sisonke siwahlonipha kangakanani amalungelo abantu, kusuka kuyo yonke imikhakha kahulumeni nakuyo yonke imikhakha yempilo yabantu ezindlini nasemigwaqweni.
Siyazi ukuthi abesifazane babecindezelwe ngokwamalungelo. Thina njengabantu base-Afrika sasingenakho ukucindezela ngqo abantu besifazane ngokwamalungelo ngoba wonke umuntu owubaba ekhaya ululekwa ngumama ukuze athathe indlela okuyiyonayona. Ingqikithi yalolu suku lwamalungelo sekuyintando yeningi yilapho kufanele sibonakale khona siqhamuka nezindlela ezifanele zokudala amathuba emisebenzi. Yilapho kumele siqhamuke nezindlela eziphilayo zokuthi intsha yethu iyeke ukuyoduxuza ilaza. Lolu wusuku lapho kukhunjulwa khona amalungelo abantu bonke.
Kumele sizimisele ukuthi abantu bakithi babe nokuthuthuka kwezempilo kanye nokunakekelwa. Kumele sizimisele ukuthi abantu bakithi bagqugquzelwe bonke bahambe bayofunda ukuze babe namakhono. Kumele sigqugquzele ukuthi kuyo yonke imikhakha yethu abantu bakithi abamnyana, okufaka phakathi nabesifazane, bakwazi ukuthola amalungelo alinganayo.
Kusemahlombe ethu sonke thina esikhethwe abantu ukuthi sikwazi ukubhekelela iminyango yethu kahulumeni ukuze sibone ukuthi lezi zinqubomgomo ezinhle kangaka ziyalandelwa yini na? Siphinde sibheke ukuthi abesifazane abahlukumezi yini amadoda. Sonke siyahlukumezana kodwa kumele siqeqeshwe sonke ukuze kuphele ukuhlukumezana, kuphilwe impilo enhle kuyiwe phambili. Kumele sinakekele abantu bakithi abamnyama ngoba balambile kanjalo nezingane zethu zilambile. Kufanele sizame ukwehlisa nezinga lokubhenywa kwensangu.
Sengigcina, kukhona okungiphathe kabi kuMnyango wezobuLungiswa nokuThuthukiswa koMthethosisekelo lapho uthisha ejijimise khona ingane ngomphambili waze wayishaya kepha bethandana, ngenxa nje yokuthi yona yayingafuni ngaleso sikhathi. Kodwa icala lingakafiki naphambi kwenkantolo umshushisi walihoxisa ngoba ethi ingane eneminyaka eyi-19 inelungelo lokuvula icala. Umzali waphatheka kabi, wabona ukuthi ngeke akwazi ukuqhubeka nalelo cala. Imantshi yakwaNongoma ingitshele kahle ukuthi icala alifikanga kuyo. SiyiPhalamende kumele sibheke ukuthi amandla anikwe abashushisi asebenza ngokuyikho yini ngoba le ngane imabokoboko ubuso bonke ngenxa yokushaywa ngumuntu wesilisa ethandana naye. Ngiyabonga. [Ihlombe.]
Ms M G BOROTO
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 19 March 2013 Take: 47
Prince M M M ZULU
Ms M G BOROTO: Deputy Chairperson, hon Deputy Minister and all protocol observed, allow me to take this moment to pay audible homage to the people of Sharpeville and their fallen brave sons and daughters who were brutally slaughtered by the forces of the apartheid regime. It is because of their gallantry and bravery that today we are able to rise to the shoulders of the world with great pride and say: We are free! We thank them more sincerely and profoundly for the sacrifices. Today I say that we are free in this government that is led by the ANC.
Firstly, I wish to respond to hon Faber. Thank you very much, hon Gunda for talking about freedom. We have learnt last week on Friday that freedom is the recognition of necessity. Those were the words uttered by the Deputy President of this country, hon Motlanthe.
Regarding the ANC-led government, hon Faber has talked about issues of education, health and housing. I'm going to put aside my speech and talk to those issues because they are priorities in this country. As they are priorities, I'm going to start with health. We recognise the necessity, we know where we come from, we know that Sharpeville was not in vain and that is why we have the Department of Health. To remind all of us that not long ago in this very Council, we passed a Bill that established the office of the inspector of health so that our people cannot continue to suffer as our parents and our ancestors suffered because they did not have access to health.
Again, we have the National Health Insurance. That also shows that we are doing away with the disparities that existed between the whites and the blacks. We want everybody - every South African - to have the right to access health facilities anywhere they go.
Hon Faber, through you hon Deputy Chairperson, it's unfortunate that people come here to mislead the country and run away when we have to tell them the truth.
I'm still on health which he said we are not doing anything about. We have the ombudsman whom our people who experience problems - even in the rural areas - are able to contact and raise their problems. That shows that we respect their rights. That is why we are coming up with different laws that will protect our people to make sure that Chapter 2 of our Constitution is upheld.
I want to go back again to education. He talked about our people not having skills. Let us not forget what happened in 1954. I will never forget the man called Verwoerd who said that we are not compliant to be in offices, but as women we were compliant in the kitchen and in delivering babies, and as men we could only reach a clerical position.
I'm saying this looking at what is happening today. We have a Ministry of Higher Education that is trying by all means to say to that child who suffered: It is not about the white collar, but you can get skills and become a better person because we want you to acknowledge that you have rights. Because we want those children to be independent, we are making sure that they access even funding for their education. That is what is happening in education. I thank the department for making education to be accessible to all through the National Student Financial Aid Scheme of SA.
We have departments that I want to thank such as the Department of Justice that realised that most of our people did not have legal rights in the past. If you did not have access to money, obviously you would go to jail as you would not have lawyers. But our Justice department has made sure that people access justice in different ways. As I speak, we will have High Courts in Limpopo and Mpumalanga provinces so that everybody could access them. Those areas are predominantly rural and people could not reach the High Court in Pretoria hence cases could not go further. But today, because our system realised that people have got rights, High Courts are going to be built in both Mpumalanga and Limpopo provinces so that everybody could access them.
We should also remember that we have got what we call these days the Legal Aid Board where the poor can go and get assistance so that they can have their rights represented in the courts of this country, irrespective of their languages and everything involved.
There is transformation in our courts. When we attended the state of the nation address for instance, you would be happy to see the representativity on the gallery. This is what our Sharpeville people died for, and this is what we want for our people – the existing transformation that included women.
Through you Deputy Chairperson, presently as we are talking about women's rights, hon Mncube has talked a lot about gender biasness. I must say that even in the justice system, we are still fighting for that and are trying very much to see those women that are mothers who know the pain, leading those High Courts in the country. That is why we have got gender equality, and that is why the ANC-led government has established a department known as the Department of Women, Children and People with Disabilities. It is because it cares about us. It cares that everybody and the child with disability should not be hidden behind the walls at home and not go to school because others will laugh at him or her.
We came with inclusive education. We came with this department so that parents can have the courage, and that the disabled child who has been hidden all along can come out, be seen and become something. We have seen that they are becoming something. They are no longer locked behind the walls everyday.
When we talk about labour, we now talk about the rights of labourers. In short, let me jut talk about two Bills that talk to the rights of workers. We have the Basic Conditions of Employment Amendment Bill that provides for the Minister to prescribe the threshold of representatives of trade unions to have organisational rights and access to employer premises. Those things were not there in the past and now we have them under this ANC-led government.
We understand what rights are and for us to be sure that we are secured at all times, we come up with Bills. We have got the Employment Equity Amendment Bill that prevents all the abusive practices and ensures that employees that perform the same jobs receive the same salaries. That is a right too. Somebody must not be above me because I cannot own much.
I don't want to talk much about other things. I just wanted to make people aware of where we come from and what we have done as the new government in this country to make sure that our people enjoy their rights.
We have been to from Mpumalanga and heard about their needs. We recognise the needs and the necessity; hence we came up with the things I mentioned above.
In conclusion, we want to send a strong message, to those who continue to show no regard to the lives of our children, our sisters, our mothers and grandmothers, that they have no place in our society. We are prepared to fight fire-on-fire and rally our national resources to ensure that they face the full might of the law on the heinous and cruel deeds.
I hope that South Africans will understand where we come from, know that we have worked for these rights, and that this ANC-led government will continue to protect the rights of every individual. Thank you very much. [Applause.]
The DEPUTY CHAIRPERSON OF THE NCOP: Hon Lees, are you still able to ... I can see that you are struggling now. I excuse you.
Mr A LEES: Thanks, Madam Deputy Chair.
The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 19 March 2013 Take: 48
Ms M G BOROTO
The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Chairperson, I would like to start off by thanking all hon members of this Council for their participation in this debate and for really enriching the debate. There was a diversity of opinions...
The DEPUTY CHAIRPERSON OF THE NCOP: Hon Nel, can you excuse me for a second?
Hon Mokgoro, with your friend Sinclair... [Laughter.] Hon Sinclair, I have given you a final warning. [Interjection.] Listen! I am not asking you to argue with me. I have given you a final warning. I am giving you two seconds to either behave now, or I will really chuck you out. Sit down!
An HON MEMBER: Sorry, Deputy Chair. [Laughter.]
The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Chair, the hon Sinclair should know that my rates for defending people are very high. [Laughter.]
I would just like to express a word of thanks and appreciation to the leadership of this Council for having this very important debate and for securing the participation of all members. Despite the wide diversity of views that have been expressed here, I think we can say very confidently that there is consensus around the fundamental values contained in our Constitution, and the need for us to work together to make sure that that vision becomes the lived reality for all our citizens.
However, the debate has shown that there are still many challenges to realising that dream. There are also diverse views as to how we should best traverse the road towards the vision that we all share.
I would like to thank the hon Faber for recognising the painful past that we come from, and also for recognising the challenges that we face at present. I would, however, like to ask him to perhaps engage with us further around what the correct way forward should be. It is one thing to recognise a painful past and another to recognise the symptoms of that past. But it is quite another thing to chart a way forward that truly addresses not only the symptoms, but the root causes of those symptoms.
I think that the hon Faber outlined or indicated that there is a plan to address those. That plan is, however, premised on a philosophy which we believe is not one that is encapsulated in our Constitution. If one looks at our Constitution in depth, one will realise that it is a very transformative document. It places certain obligations on the state to behave in a proactive manner to address the needs – including the socioeconomic needs – of members of our society.
The question that I raised – which the hon Faber did not address – namely the question of land, I think, for me, illustrates very clearly the difference between where we stand as the ANC and where the DA stands. An equal-opportunity society view of the land question is one that says that this is a question that must eventually be left to market forces to resolve. A perspective of a national democratic society says that, as a state, given that we are dealing with a deeply embedded issue that has arisen over centuries of colonialism and decades of apartheid, this question needs very active involvement. If one reads our Constitution correctly then, in fact, one can only come to the conclusion that, indeed, it does mandate the state to take that proactive role.
Nevertheless, I would, at least, like to thank the hon Faber for initiating a constructive dialogue that I think would be heard and which I am sure will be taken forward in this Council.
I would like to thank the hon Mokgoro again for outlining with great clarity and passion the painful history of where we come from and the tremendous sacrifices that were made to bring us to where we are today.
The hon Bloem, we agree with you: never again. We are aware that, in the recent past, there have been incidents where individuals within our law enforcement agencies have stepped beyond the boundaries of the law or the Constitution. There is an indication that they might have done so. I think we must remember that our Constitution was not written for a choir of angels in heaven; it was written for real, live human beings who know other human beings who have their own shortcomings. That is why it has the checks and balances that it does.
For me, the test of whether a constitution works is not whether people transgress it; it is rather how that constitution deals with those transgressions. I think, in each and every case that has arisen in the recent past, the actions taken by government and the way in which the institutions we have established have dealt with those matters, indicate that we have a Constitution that is alive, working and growing stronger by the day.
If one contrasts how human rights abuses were dealt with in the past, how the apartheid government of 1960 reacted to Sharpville, how the Minister of Justice under apartheid reacted to the death of Steve Biko, and how one looks at how our democratic government has reacted to regrettable incidents such as Marikana, where a Head of State cuts short a state visit abroad, comes back, addresses the nation, and institutes a judicial commission of enquiry, then I think those are signs of a government that takes our Constitution, our Bill of Rights, and our human rights very seriously.
To the hon Mncube, thank you very much for a very clear, very passionate and very focussed input on the burning question of sexual and gender-based violence. We agree with you. Indeed, enough is enough. That is why the police have reintroduced their specialist units. That is why, from the side of the Department of Justice and Constitutional Development, we are expanding the Thuthuzela Care Centres, and that is why we are introducing sexual offences courts. I think you have also made the point very strongly that, no matter how strong and efficient we make our criminal justice system, many of those incidents happen exactly in the home. That is where we need to start the transformation of deeply ingrained sexist and patriarchal attitudes.
The hon Gunda, I don't want to engage in party-political organising here from the podium, but I am sure that there is an ANC member close to you that can assist you with a membership card. [Laughter.]
To hon Zulu, I think we agree with you about the need for us all to respect each other.
The DEPUTY CHAIRPERSON OF THE NCOP: Hon Nel, please hold on. Hon Bloem, your microphone is not on. Hon Bloem... behind you!
Mr D V BLOEM: Chairperson, the Deputy Minister sells membership forms in this Council. [Laughter.]
The DEPUTY CHAIRPERSON OF THE NCOP: Hon Bloem, sit down! Sit down! [Interjections.]
The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Chair, if the question was going to be where he can get a membership form, I would gladly have answered him.
Hon Zulu, thank you very much for your input. We agree with you on the need for mutual respect in our society, for the need for education.
The incident that you raised of a teacher sleeping with a 19-year-old child sounds to us to being very wrong. We would want to engage with you further on the details. It is not a matter that we could comment on further without having all of the relevant details.
Lastly, to the hon Boroto, thank you very much. You actually did most of my work. Thank you very much for the kind words that you expressed in respect of the work being done by the Department of Justice and Constitutional Development in promoting access to justice, combating sexual and gender-based violence and making sure that our Constitution is turned into a reality for all.
We hope to see the hon members in Paarl. Thank you. [Applause.]
The Council adjourned at 15:57.
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