Hansard: NCOP: Motion

House: National Council of Provinces

Date of Meeting: 23 Apr 2013

Summary

No summary available.


Minutes

UNREVISED HANSARD

NATIONAL COUNCIL OF PROVINCES

Tuesday, 23 April 2013 Take: 49

TUESDAY, 23 APRIL 2013

PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES

_________

The Council met at 14:02.

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

WELCOMING OF DELEGATES AND MECs

The CHAIRPERSON OF THE NCOP: Hon members, just before we start, let me welcome all the special delegates who are with us – thank you very much for coming. This is your House and this is what we want – we are very happy when you are here. You can see that the ten seats of Salga are occupied today. All of them are in the House. [Applause.] We have other councillors on the gallery. You are also very welcome. This is your House and we welcome you. As you know, we have a workshop with Salga today.

MECs, thank you very much. I see MEC Qhoboshiyane here. I see MEC ...

IsiZulu:

... ngikhohlwe lesibongo, ngiyaxolisa.

Ms B V MNCUBE: Qabathe.

The CHAIRPERSON OF THE NCOP: Qabathe – thank you very much. She is from the Free State.

IsiZulu:

Angithi phela asihlali sonke isikhathi esiningi, sayizikhohlwa izibongo.

English:

Is there any other MEC in the House? Ubaba [Mr] Madikizela, MEC in the Western Cape, I thank you very much. You are most welcome.

Mr D A WORTH

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The CHAIRPERSON OF THE NCOP

NOTICES OF MOTION

Mr D A WORTH: Mr 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, despite assurances by the Free State government that any form of amalgamation of the Metsimaholo and Ngwathe Local Municipalities has been abandoned, it would appear that further attempts are being made to overturn the previous decision and enforce the merger;

(2) further notes that this is occurring despite the heavy rioting, looting and arson, which has taken place previously, by the residents of Sasolburg and Parys, who are against the merging of these municipalities;

(3) acknowledges that the Municipal Demarcation Board attempted to hold a meeting recently at the Sasolburg theatre building, but was forced to cancel this meeting hastily;

(4) further acknowledges that despite objections to the amalgamation it appears that the Free State government is hellbent on forming a metro so that the mayor and councillors can obtain bigger allowances, for which the public must pay; and

(5) also notes that the DA has repeatedly stated that it is against any such merger or amalgamation.

Ms M P THEMBA

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Mr D A WORTH

Ms M P THEMBA: Mr Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the ANC:

That the Council-

(1) notes that the ANC Women's League joined millions of South African women in celebrating 100 years of women's struggle by hosting a memorial lecture at the University of the Witwatersrand Great Hall on 19 April 2013;

(2) further notes that the lecture was intended to inspire young women to follow in the footsteps of our forebears, such as Lillian Ngoyi, Amina Cachalia and Sophie de Bruyn, by calling on all young women throughout the country, regardless of their colour and creed, to join the ranks of the ANC Women's League and its programmes, and get involved in all matters that affect them and their society in general in order to shape their future; and

(3) takes this opportunity to congratulate all the young women who attended the lecture and reaffirmed that they would emulate the great heroines of our struggle for freedom by joining the ANC's continuing quest to wage a concerted fight against the legacy of apartheid and ensure a better life for all our people.

Mr M J R DE VILLIERS

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Ms M P THEMBA

Mr M J R DE VILLIERS: Mr 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 Minister Angie Motshekga is now in breach of two court orders;

(2) further notes that one court order was delivered, instructing her to fill teaching and support posts in the Eastern Cape department of education;

(3) also notes that the other court order was delivered, instructing her to deliver text books for 2013 by December 2012;

(4) recognises that these instructions by the court were not complied with by the Minister and that the DA requests that the courts act swiftly now to draw this matter to a conclusion; and

(5) debates the breach of court orders by the Minister.

Mr A J NYAMBI

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Mr M J R DE VILLIERS

Mr A J NYAMBI: Mr Chairperson, I hereby give notice that on the next sitting day of the Council I shall move:

That the Council-

(1) notes with utter contempt attempts of the DA to blatantly distort the ANC and its insignia in their desperate campaign for legitimacy and relevance by changing the colours of the ANC logo to the colours of the apartheid regime;

(2) acknowledges that the changing of the colours of the ANC logo and any attempt to liken the ANC to the repressive, violent, racist and brutal apartheid state is not only an insult to the ANC, but also to the millions of people of South Africa who laid down their lives for the freedom of the people of South Africa; and

(3) takes this opportunity to condemn with utter contempt the desperate and hideous attempts of the DA to manipulate and distort the history of South Africa.

Mr M P SIBANDE

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Mr A J NYAMBI

Mr M P SIBANDE: Mr Chairperson, I hereby give notice that on the next sitting day of the Council I shall move:

That the Council-

(1) notes and debates the 13th Annual Report of the Commission for Employment Equity, which was released on 18 April 2013 by the Department of Labour;

(2) further notes that the Commission for Employment Equity's Annual Report paints a disheartening picture of an extremely sluggish pace of transformation, with the Western Cape province being the most resistant to transformation;

(3) acknowledges that in the Western Cape white males occupy almost two thirds of all top management jobs and that the number of white females is greater than that of all blacks combined at this level; and

(4) further acknowledges that this report vindicates the ANC's concern that transformation and development change have regressed in the Western Cape since the DA took over with a predominantly male cabinet.

Mr D D GAMEDE

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Mr M P SIBANDE

Mr D D GAMEDE: Mr Chairperson, I hereby give notice that on the next sitting day of the Council I shall move:

That the Council-

(1) debates the propaganda and lies of the DA, to the effect that it was part of the struggle against apartheid;

(2) notes, for those who do not know, that the DA was founded only in 2000, long after freedom was attained in 1994 after more than 100 years of struggle by the ANC;

(3) further notes that the DA was formed by the New National Party, the Federal Party and the Democratic Party, and it was later joined by the Independent Democrats and the Democratic Convention;

(4) acknowledges that the people of South Africa need to know that the Progressive Federal Party, PFP, did not accept and allow the membership of blacks in its party; and

(5) recognises that only a lonely voice, that of an individual and a woman, Helen Suzman, was a fighter against racism.

Mrs B L ABRAHAMS

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Mr D D GAMEDE

Mrs B L ABRAHAMS: Mr 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 19 April 2013 the Kliptown and Freedom Charter Square areas were flooded by heavy rain; and

(2) requests that there be facilitation in order to provide alternative land to the victims of the floods in those areas, that the community be removed with urgency from areas below the flood line, and that urgent intervention should take place in order to provide housing solutions for the residents of the Kliptown, Freedom Charter Square and surrounding areas.

Ms B V MNCUBE

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Mrs B L ABRAHAMS

GAUTENG HOSPITALS SUSPEND NIGHT VISITS TO PATIENTS

(Draft Resolution)

Ms B V MNCUBE: Chairperson, I move without notice:

That the Council-

(1) notes with concern that Chris Hani Baragwanath Hospital, Charlotte Maxeke Johannesburg Academic Hospital and Helen Joseph Hospital in Gauteng have suspended evening visits to patients, as hospital staff fear for their safety after a series of attacks on doctors and nurses;

(2) further notes that the security at these hospitals poses a risk despite the provincial department of health's paying substantial amounts for security at each hospital;

(3) also notes that the department continues to renew the contracts of security companies who have failed to deliver;

(4) takes this opportunity to call on the provincial government to intervene urgently and to implement appropriate measures to normalise the situation; and

(5) calls on the provincial government to cancel the contracts of the security companies that have failed to deliver.

Motion agreed to in accordance with section 65 of the Constitution.

The CHAIRPERSON OF THE NCOP: Order! I see the hon Qikani. There are many who have put up their hands to say that they wish to move a motion. Please go straight to your motion so that I can take as many as possible.

Mrs A N D QIKANI

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Ms B V MNCUBE

CHILD DIES AND OTHERS HOSPITALISED AFTER EATING POISON IN DELFT

(Draft Resolution)

Mrs A N D QIKANI: Chairperson, I move without notice:

That the Council-

(1) notes the death of three-year-old Jordin Lewis, a toddler from Belhar;

(2) further notes that Jordin Lewis and seven other children were hospitalised after they had consumed poisonous and hazardous chemical substances, including sodium chlorate, sodium nitrate and sodium phosphate, which were dumped in an open field at the N2 Gateway in Delft in the Western Cape;

(3) also notes that Jordin Lewis's lungs and kidneys collapsed after she consumed the substances and many of her friends who survived the incident suffered from stomach aches and breathing problems; and

(4) takes this opportunity to condemn in the harshest possible terms this irresponsible act, and calls on the police and the Department of Water and Environmental Affairs to ensure that the perpetrators are brought to book and made to pay for their reckless and irresponsible act.

Motion agreed to in accordance with section 65 of the Constitution.

Mr T M H MOFOKENG

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Mrs A N D QIKANI

CAPE TOWN BUSINESSMAN ROBBED BY UNIFORMED POLICEMAN AND FIVE CIVILIANS

(Draft Resolution)

Mr T M H MOFOKENG: Chairperson, I move without notice:

That the Council-

(1) notes that a police constable, dressed in his police uniform and using a police vehicle, and five civilians robbed a Cape Town businessman on 11 April 2013 and afterwards fled in the police vehicle;

(2) further notes that after a wild chase and a shootout, the police arrested the police constable and two other suspects;

(3) condemns yet another criminal act by a member of the police;

(4) calls on the Minister of Police and police authorities to ensure that this policeman is dealt with swiftly and decisively and expelled from the police immediately; and

(5) takes this opportunity to commend the members of the police for their swift and efficient action in arresting the perpetrators.

Motion agreed to in accordance with section 65 of the Constitution.

Mr M P JACOBS

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Tuesday, 23 April 2013 Take: 50

Mr T M H MOFOKENG

DEMOTED LEARNERS SET SCHOOLS ALIGHT

(Draft Resolution)

Mr M P JACOBS: Chairperson, I move without notice:

That the Council-

(1) notes with shock the news that angry pupils at Ngcobo High School allegedly burnt down the school after their being demoted to their previous grades as they had been promoted irregularly;

(2) further notes that Manzana Senior Secondary School was allegedly burnt down by protesting pupils at Manzana village near Ngcobo on Thursday;

(3) recognises that pupils were protesting after some were demoted to a lower grade;

(4) also notes that Manzana Senior Secondary School in Ngcobo is the 10th school in the province to be vandalised by angry pupils since 2011;

(5) also recognises that this was in reaction to the fact that officials from the provincial department of education failed to attend a parents' meeting to discuss the demotions;

(6) takes this opportunity to condemn in the strongest terms the behaviour displayed by the pupils;

(7) calls upon the authorities to leave no stone unturned in investigating this and bringing the perpetrators to book; and

(8) appeals to communities to discourage this tendency of destroying public institutions whenever some people are not happy or satisfied with a certain outcome.

Motion agreed to in accordance with section 65 of the Constitution.

Mr M J R DE VILLIERS

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Mr M P JACOBS

N1/N2 WINELANDS TOLL HIGHWAY PLANS

(Draft Resolution)

Mr M J R DE VILLIERS: Chairperson, I move without notice on behalf of the DA:

That the Council-

(1) notes that the plans of the SA National Roads Agency Ltd, Sanral, to build toll roads on the N1 and N2 Winelands Highway is very bad news for the inhabitants, the road users and the economy of those areas;

(2) further notes that taxi users and business transport will pay up to R1 000 to R2 000 per month for this;

(3) also notes that these toll road tariffs will further cripple our people with poverty; and

(4) therefore requests everyone to join hands and find the wisdom to stop these new toll road plans in time.

The CHAIRPERSON OF THE NCOP: Order! Is there any objection to the motion? There is. In the light of the objections, the motion may not be proceeded with. The motion without notice will now become a notice of motion.

Mr F ADAMS

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Mr M J R DE VILLIERS

BURSARIES FOR STUDENTS IN MEMORY OF ANENE BOOYSEN

(Draft Resolution)

Mr F ADAMS: Chairperson, I move without notice:

That the Council-

(1) notes with appreciation the launch of a bursary project by the Minister of Higher Education and Training in the Overberg town of Bredasdorp on Saturday;

(2) also notes that Bredasdorp is where Anene Booysen, aged 17, was found dead after she was brutally raped and attacked;

(3) further notes that now 20 matriculants from around Bredasdorp who achieve top marks in their final exams will be awarded full bursaries as part of a new project launched to honour Anene Booysen;

(4) notes as well that half of the bursaries are for study at the local Boland FET College and the other 10 are for university studies;

(5) acknowledges that details were also given of a R10 million skills development project which will see young people being trained as artisans in construction, building, electrics, carpentry and plumbing;

(6) also acknowledges that this initiative will result in 675 learners being trained, and on completion of their training they will participate in numerous community projects;

(7) takes this opportunity to commend this great initiative by the Minister of Higher Education and Training, which seeks to motivate learners to further their studies at tertiary institutions and also to motivate those who are interested in skilling themselves; and

(8) recognises that this will go a long way in helping to address the challenge of youth unemployment and the fight against crime.

Motion agreed to in accordance with section 65 of the Constitution.

Mrs R N RASMENI

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Mr F ADAMS

PASSING ON OF NORTH WEST MEC REBECCA KASIENYANE

(Draft Resolution)

Mrs R N RASMENI: Chairperson, I move without notice:

That the Council-

(1) notes with profound sadness the death of former North West MEC for health and social development, Rebecca Kasienyane, who passed away on Sunday, 21 April 2013 after a long illness;

(2) further notes that Kasienyane served in government and in different capacities, including as the ANC provincial treasurer in the North West, Member of Parliament, and MEC for health and social development;

(3) also notes that at the time of her death she was a member of the North West provincial legislature, where she chaired the portfolio committee on economic development and tourism;

(4) further notes that Kasienyane was a revolutionary democrat who served our people with utmost humility and dedication for her entire life and served the ANC with integrity, dignity, humility, discipline and respect; and

(5) takes this opportunity to convey its profound sadness to the Kasienyane family, comrades and the people of North West at their loss and wishes them strength at this difficult time.

Motion agreed to in accordance with section 65 of the Constitution.

Mr W F FABER

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Mrs R N RASMENI

USE OF BUCKET SYSTEM IN BRITSTOWN AND ELSEWHERE

(Draft Resolution)

Mr W F FABER: Chairperson, I move without notice on behalf of the DA:

That the Council-

(1) acknowledges that during the NCOP Provincial Week visit to the Northern Cape last week it came as a shock and with dismay when it was discovered that the bucket system, with 384 buckets, was still in use in Britstown;

(2) notes that a councillor acknowledged that there were also more than 400 buckets still in use in Victoria West;

(3) questions how many municipalities still have the bucket system in place;

(4) further notes that these buckets are emptied only once a week, and sometimes the interval goes up to two weeks according to one community member spoken to;

(5) acknowledges that it had been hoped that this inhumane practice would have been phased out by the ANC-ruled municipalities;

(6) recognises that the bucket system poses a great threat to people's health; and

(7) also recognises that it is time the ANC started to pay attention to this grossly inhumane treatment that communities still endure, after so many promises were made in connection with the Bucket Eradication Programme announced by the President a few years ago.

Motion agreed to in accordance with section 65 of the Constitution.

Ms M G BOROTO

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Mr W F FABER

MULTIPURPOSE CHILD AND YOUTH CARE CENTRE BUILT IN KHAYELITSHA

(Draft Resolution)

Ms M G BOROTO: Chairperson, I move without notice:

That the Council-

(1) notes that a registered nonprofit organisation, The Homestead, based in Khayelitsha in Cape Town, was started with a mission to help street children to reconstruct their shattered lives;

(2) also notes that the organisation recently developed a multipurpose child and youth care centre in Khayelitsha, with the assistance and financial support of First National Bank, as well as the Southern Africa Sustainable Development Initiative, a nonprofit public benefit trust, and various local and international donors;

(3) further notes that this facility will provide a much needed home to 75 former street children between the ages of six and 18;

(4) notes as well that the facility includes an early intervention centre, three cottages, a counselling centre and a community hall, which will benefit the surrounding impoverished communities; and

(5) takes this opportunity to commend the organisation and all other role-players and donors for this noble initiative and their financial and other support.

Motion agreed to in accordance with section 65 of the Constitution.

Ms L MABIJA

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Ms M G BOROTO

SOLAR-POWERED GEYSERS FOR JOE SLOVO SETTLEMENT

(Draft Resolution)

Ms L MABIJA: Chairperson, I move without notice:

That the Council-

(1) notes that the Minister of Human Settlements, hon Tokyo Sexwale, recently launched a multimillion rand project to fit 2 639 new houses in Joe Slovo settlement in Cape Town with solar-powered geysers;

(2) further notes that this project is part of the government's programme to create better living conditions for the residents of Joe Slovo settlement;

(3) also notes that the project will be funded from funds that the government has secured from the Danish government;

(4) takes this opportunity to express its appreciation to the government of Denmark for its generous financial support; and

(5) commends the ANC government and the Minister of Human Settlements and his department for this project and for their continued commitment to creating better living conditions for all South Africans.

Motion agreed to in accordance with section 65 of the Constitution.

Mr V M MANZINI

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Ms L MABIJA

ELDERLY STUDENT EXCELS AT UNIVERSITY OF THE FREE STATE

(Draft Resolution)

Mr V M MANZINI: Mutshamaxitulu [Chairperson], I move without notice on behalf of the DA:

That the Council-

(1) notes that an elderly woman, Elmarie Hugo, at the age of 60 proved once again that age is just a number, when she received a postgraduate qualification at the University of the Free State;

(2) further notes that during the autumn graduation at the University of the Free State last week she obtained the Advanced Diploma in Higher Education Studies with distinction;

(3) also notes that she obtained her BA degree with distinction in 2009, at the age of 56, and was named the best student in the Faculty of Humanities;

(4) notes as well that she acknowledged that by the grace of God, the patience of her husband, many late nights, many tears and severe persistence she managed again to be named best student in the School for Higher Education Studies; and

(5) finally notes that she recognised that she had had the privilege of enriching and bettering herself.

Motion agreed to in accordance with section 65 of the Constitution.

Mr D D GAMEDE

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Mr V M MANZINI

SUCCESSES OF ANC IN KWAZULU-NATAL

(Draft Resolution)

Mr D D GAMEDE: Sihlalo [Chairperson], I move without notice:

That the Council-

(1) congratulates the ANC in KwaZulu-Natal for holding a very successful and democratic provincial general council, PGC;

(2) congratulates Comrade Senzo Mchunu for his election as chairperson of the ANC in KwaZulu-Natal; and

(3) notes that that proves to critics and the prophets of doom that the ANC is more united and democratic, and will work harder in unifying the people of the province of KwaZulu-Natal and the country.

The CHAIRPERSON OF THE NCOP: Order! Are there any objections? There are. In the light of the objections, the motion may not be proceeded with. The motion without notice will now become a notice of motion.

Ms B P MABE

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Mr D D GAMEDE

WORK EXPERIENCE FOR UNEMPLOYED GRADUATES IN GAUTENG GOVERNMENT

(Draft Resolution)

Ms B P MABE: Chairperson, I move without notice:

That the Council-

(1) notes with appreciation the news that the premier of Gauteng has committed the Gauteng government to offering 300 unemployed graduates work experience in its offices;

(2) further notes that these 300 graduates will be placed in various departments for experiential learning in the areas of tourism, engineering, information and communication technology, design, and food and beverages, amongst others;

(3) takes this opportunity to applaud the Gauteng government for this great initiative as it seeks to address the challenge of youth unemployment; and

(4) calls upon other premiers and provincial governments to do the same and also calls upon the private sector to be a partner and speed up the process of addressing youth unemployment in our country.

Motion agreed to in accordance with section 65 of the Constitution.

Mr T L MAKUNYANE

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Ms B P MABE

SUBSTANCE ABUSE AND UNREGISTERED REHABILITATION CENTRES ON THE RISE

(Draft Resolution)

Mr T L MAKUNYANE: Hon Chair, I hereby move without notice:

That the Council-

(1) notes with concern that substance abuse, especially the abuse of the drug nyaope, is on the rise, while unregistered rehabilitation centres that are operating illegally are undermining the fight against drug abuse;

(2) further notes that the Gauteng provincial department of social development has recently revealed that more than 20 illegally operating rehabilitation centres have been found in that province;

(3) also notes that these centres are a threat to addicts, rather than a saviour for those addicted to drug abuse, because of their inadequate medical facilities, and the absence of qualified doctors and other such needed and important staff and facilities; and

(4) takes this opportunity to call on all provincial governments to investigate and stop the operations of illegal rehabilitation centres in their provinces and to intervene appropriately as a matter of urgency.

Motion agreed to in accordance with section 65 of the Constitution.

The CHIEF WHIP OF THE COUNCIL

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Mr T L MAKUNYANE

leave of absence for A G MATILA

(Draft Resolution)

The CHIEF WHIP OF THE COUNCIL: Chairperson, I move the motion printed in my name on the Order Paper as follows:

That the Council, notwithstanding the provisions of Rule 17(1) of the Rules of the National Council of Provinces, grants Mr A G Matila leave of absence from proceedings of both the Council and the committees of the Council in terms of Rule 17(2) until the hon member is ready to resume his duties.

There was no debate.

Question put: That the motion be agreed to.

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.

Motion agreed to in accordance with section 65 of the Constitution.

The CHIEF WHIP OF THE COUNCIL

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The CHIEF WHIP OF THE COUNCIL

Extension of deadline FOR Ad Hoc Committee on a Code of Judicial Conduct and THE regulations on Judges' disClosure of registrable InterestS

(Draft Resolution)

The CHIEF WHIP OF THE COUNCIL: Chairperson, I move the motion printed in my name on the Order Paper as follows:

That the Council extends the deadline by which the Ad Hoc Committee on a Code of Judicial Conduct and Regulations on Judges' Disclosure of Registrable Interests has to report to 30 June 2013.

There was no debate.

Question put: That the motion be agreed to.

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.

Motion agreed to in accordance with section 65 of the Constitution.

Ms M P THEMBA

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The CHIEF WHIP OF THE COUNCIL

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON LABOUR AND PUBLIC ENTERPRISES – DECENT WORK FOR DOMESTIC WORKERS CONVENTION, 2011 (NO 189) AND RECOMMENDATION, 2011 (NO 201)

Ms M P THEMBA: Chairperson, the Select Committee on Labour and Public Enterprises considered the ...

The CHAIRPERSON OF THE NCOP: It's all right. Just find the right speech. It is all right. We are dealing with the consideration of the report of your select committee on the Decent Work for Domestic Workers Convention, 2011.

Ms M P THEMBA: Chairperson, the convention provides for the rights and safety of domestic workers. It is also worth noting that the recommendations of the convention will be nonbinding and are intended as guidelines on how countries should manage their domestic worker matters.

Our Constitution already makes provision for workers' rights in respect of unfair labour practice and provides guidelines for labour disputes. This makes it relatively easy for the domestic worker conventions to be implemented.

Thus, the consideration of the aforementioned convention essentially confirms our country's international status and commitment to international norms and standards, especially with respect to labour relations matters.

Based on the progressive provisions contained in the Domestic Workers Convention, and the relevance of the Constitution in addressing such matters, the committee therefore recommends the ratification of the Decent Work for Domestic Workers Convention, No 189. Thank you.

Debate concluded.

Question put: That the report be adopted.

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.

Report accordingly adopted in accordance with section 65 of the Constitution.

Ms M P THEMBA

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Ms M P THEMBA

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON LABOUR AND PUBLIC ENTERPRISES - ENTERPRISES ON THE MARITIME LABOUR CONVENTION, 2006

Ms M P THEMBA: Chairperson, the Select Committee on Labour and Public Enterprises considered the Maritime Labour Convention on 20 February 2013.

The convention provides seafarers with the right to decent working conditions, covering areas such as accommodation, recreational facilities, food and catering, occupational health, medical care, welfare and social security protection. These include normal workers' rights such as freedom of association and the effective recognition of the right to collective bargaining, the elimination of all forms of forced or compulsory labour, the effective abolition of child labour and the elimination of discrimination in respect of employment and occupation.

These rights are expected to be globally applicable, easily understandable, readily updatable and uniformly enforced.

The convention was designed to be a global instrument known as the fourth pillar of the international regulatory regime for quality shipping, thus complementing the following key conventions of the International Maritime Organisation: the International Convention for the Safety of Life at Sea, the International Convention on Standards of Training, Certification and Watchkeeping For Seafarers; and the International Convention for the Prevention of Pollution from Ships, as modified by the Protocol of 1978.

To ensure effective implementation of the principles contained in the convention, the Department of Labour consulted with the Department of Transport and agreed to establish a joint interdisciplinary committee, which would be headed by the Department of Transport, for the implementation of the Maritime Labour Convention and the Convention on Work in the Fishing Sector.

As a country we have come to accept that every sector of our economy is interlinked with the global process that connects nations across the globe. This is underlined by commercial and trade agreements that determine the nature of the relationship. Conventions are therefore necessary to ensure that the same standards apply to everyone and that the human factor, which in this case is the labourer, is not compromised at the altar of commercial gain.

The committee recommends the ratification of the Maritime Labour Convention of 2006. I thank you.

Debate concluded.

Question put: That the report be adopted.

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.

Report accordingly adopted in accordance with section 65 of the Constitution.

Ms M P THEMBA

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Tuesday, 23 April 2013 Take: 54

Ms M P THEMBA

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON LABOUR AND PUBLIC ENTERPRISES – WORK IN THE FISHING SECTOR CONVENTION, 2007 (NO 188)

Ms M P THEMBA: Chairperson, the Select Committee on Labour and Public Enterprises considered the Work in the Fishing Sector Convention, 2007, No 188, on 20 February 2013.

The convention provides for the rights and safety of fishermen on board a vessel. It also addresses the following matters: the responsibilities of fishing vessel owners and skippers for the safety of fishermen; the minimum wage for work on board fishing vessels and for assignment to certain types of activities; the medical examination and certification required for work on fishing vessels; manning and hours of rest; fishermen's work agreements; repatriation, recruitment and placement of fishermen and the use of private agencies; on-board accommodation, medical care and sea occupational safety and health; and social security and protection in the case of work-related sickness.

The convention also provides for mechanisms to ensure compliance with and enforcement of the convention by the relevant countries.

Most of the workers' payments are based on the share of the catch, and under national legislation that would amount to self-employment.

It also requires fishing vessels on extended voyages to be liable for inspection in foreign ports to protect fishermen on board from hazardous conditions, especially if working and living conditions on vessels are thought to be unacceptable.

An International Labour Organisation report has shown that conditions of work on board vessels at sea previously depended on the size of the fishing vessels and fishing operations in the fishing sector. Compliance depended on whether vessels were small or big and also the period they were to spend on sea. The report, however, maintains that fishing, whether it is industrial or small-scale, should be subjected to global standards of enforcement, mainly because fish is often processed and shipped to other parts of the world. In some instances fishermen are compelled to be far away from the coast to reach marine resources.

The report also recognised fishing as one of the most hazardous and unpredictable of jobs. It was these challenges that necessitated an inclusion of labour legislation in the fishing sector to make the profession more attractive and sustainable.

The convention, however, also notes that some countries might not be able to implement the convention's provisions due to a lack of the relevant institutions and/or infrastructure, as the infrastructure facilities necessary for the implementation of the convention's principles might not be available. Therefore, to encourage states to ratify the convention, countries can use legal mechanisms that are already in place, and gradually implement some of the convention's provisions aimed at enforcing the establishment of national laws and making regulations on issues affecting fishermen's lives.

The Department of Labour indicated that consultation between government and representatives of fishing vessel owners and fishermen formed a vital element of this process, which must ultimately lead to the ratification of the convention.

Based on the consensus reached by the relevant stakeholders in the fishing sector and the committee's deliberation on the matter, the committee recommends the ratification of the Convention on Work in the Fishing Sector, 2007, No 188. I thank you.

Debate concluded.

Question put: That the report be adopted.

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.

Report accordingly adopted in accordance with section 65 of the Constitution.

The MINISTER OF ECONOMIC DEVELOPMENT

UNREVISED HANSARD

NATIONAL COUNCIL OF PROVINCES

Tuesday, 23 April 2013 Take: 55

Ms M P THEMBA

FREEDOM DAY DEBATE – BUILDING AN ACTIVE CITIZENRY TOWARDS CONSOLIDATING OUR DEMOCRACY AND FREEDOM

(Subject for Discussion)

The MINISTER OF ECONOMIC DEVELOPMENT: Hon Chairperson and hon members, in four days' time we will be celebrating 19 years of our democracy and we will be beginning the countdown towards two decades of freedom.

How different our country is today from the nation before 1994 – then a nation at war with itself, a nation that excluded 90% of its people from meaningful economic, social and political participation, a nation that imprisoned leaders for their commitment to freedom and democracy, and a nation that in these august Chambers allowed representatives of only 10% of the population to rule over all our people. How different, indeed, is our country today.

The bedrock of our democracy is the Constitution, which is the social compact between citizens, and between citizen and state. That Constitution is not fundamentally a product of lawyers and constitutional experts, though they played a role in its formal crafting. Its genesis lies in the struggle by students, by workers, by communities, in short, a people, who rose up against oppression and fought for freedom, and who debated in townships and on shop floors what kind of political system we wanted to replace the rule of oppression. Our Constitution, and more broadly our democracy, are the product of those struggles, the consolidation of that yearning and those ideals. But it is more than a memorial to struggles past. It is also the framework for those goals to be pursued by citizens, now and in the future.

Over the 19 years of ANC rule civil liberties have vastly expanded, because an active citizenry is, in the view of the ruling party, an essential element of a real, vibrant democracy.

Through our policies social dialogue has been expanded and we have set a body such as the National Economic Development and Labour Council, Nedlac, to bring together many voices and constituencies to enrich our policy-making processes. The level of engagement in policies through social dialogue is unparalleled anywhere else and we are the better for it.

Parliament itself has very extensive arrangements in place for public hearings in order for citizens to make representations to the lawmakers on the legislation that is to be developed in these august Chambers. We replaced a closed system with an open, transparent system, in which the two Chambers of Parliament are no longer the power stations of oppression, but are instead the engine rooms of our democracy.

The Constitution entrenches basic civil liberties – freedom of speech, of assembly, of association and of access to information. These are rights that many democracies have in their constitutions. Our Constitution extends the notion of an active citizenry and provides for basic freedoms in the economic sphere too. It provides for workers, entrepreneurs and citizens to use these means to improve their lives and bring about the achievement of economic freedom. This is what we call citizens' power, people's power.

These include the right to fair labour practices, to collective bargaining and to strike. They protect the right to economic activity by citizens through provisions that promote the freedom of trade, occupation and profession. Through these various means that are provided for in our democracy the voices of citizens are strong and through their self-organisation our people have been able to pursue their concerns and their interests.

They have done this through political formations. The parties represented here in Parliament are expressions of this and the regular exercise of a secret ballot indicates the extent of support that each of the parties garners amongst voters. They have also done this through many organisations that operate outside of Parliament but in the public sphere – civic organisations, student groups, trade unions and business associations.

We have tapped into that notion of an active citizenry in the economic sphere through promoting economic co-operation, more recently by means of a series of social accords. In the past two years we have concluded five formal accords. Last week it was a Youth Employment Accord, which promotes economic rights and economic freedom for young people. We signed the Youth Employment Accord at the Hector Pieterson Memorial in Soweto, that symbol of young people's contribution to our democracy.

We signed it in April, our Month of Freedom, with the commitments in the accord due to be rolled out over the next two months – during May, the Month of the Worker, and June, national Youth Month. The accord provides for three sets of commitments. They are, firstly, to improve the skills of young people through measures such as a second chance matric and expanded vocational training; secondly, to improve exposure to the world of work through internships, apprenticeships, summer vacation jobs, work shadowing and programmes to improve work readiness; and, thirdly, to increase the number of jobs for young people through concrete commitments in the public and private spheres, with numerical targets and clear youth set-asides in jobs and entrepreneurial opportunities.

By way of illustration, the Industrial Development Corporation has announced a R1 billion youth fund, as part of its Gro-E-Scheme to provide loan funding to young entrepreneurs. The accord was signed in front of a 2 000 strong crowd in the township. It was signed by youth organisations, worker federations, business associations, community groups, and government representatives.

I point to this accord, hon members, because it is a living example of today's theme being debated in this Chamber. It is a product of an active citizenry and it provides measures to address the needs of young citizens, its means and ends. That is how we as government and our people are using the democratic space to help forge, promote and partner active citizenry.

Democracies are not without their troubles and challenges. Poverty, or social conflict over resources between the haves and have-nots, does not disappear simply because we can all vote and all are equal before the law. Different ideas about how to organise society, what relationship there should be between the state and the market, how best to address the needs of people, and how, fairly, to distribute the fruits of our common efforts in the economy, are the stuff of a democracy. They don't disappear under a democracy, but democracies have mechanisms to deal with these challenges that allow citizens, through a combination of electoral pressures and self-organisation at the workplace and in the community, to address them.

Democracies are not without vulnerabilities, nor are there no limits on the exercise of freedoms. Deep levels of inequality, over prolonged periods, corrode the social compact of the constitution and can lead to the rise of the politics of desperation. Active, purposeful measures to address inequality and poverty must go across the party commitment that we all make.

A Marikana tragedy can happen equally in an authoritarian state and in a democracy. But democracies deal with such tragedies differently – with openness, with due process, and with a commitment to get to the truth and to adjust practices and policies where there is a need, in order to avoid loss of life in the future.

The fundamental rights and freedoms themselves are subject to the limitations that apply in free societies – the right to assemble in public places or to take part in a strike is regulated to ensure the safety of persons and of property.

Democracies are vulnerable when there is a systematic abuse of power that is left unchecked. Yes, it can be by government, but it can also manifest itself in the abuse of power by business, by labour organisations, by the media or within the judiciary. Our institutions of democracy all have a responsibility to ensure that the use of the constitutionally protected power is exercised with wisdom and with balance. The limits that are set on the exercise of power in any democracy are determined through the laws passed by parliament and the deliberations of the judiciary. At its heart ultimately, though, is informed consent by citizens.

Democracies must help citizens to achieve lives of dignity and freedom. They include access to basic services and to economic opportunities. That more is needed and that we need to speed up delivery is clear. That much has been done in the past 19 years is also very clear. In the noise that invariably characterises a robust democracy, it is sometimes possible only to see the challenges, the glass that is not yet full, instead of seeing the water that has been poured into the empty glass.

In almost two decades of democracy the ANC government has indeed made great strides. Millions of people, forgotten under apartheid, now have access to running water, to reasonable sanitation, to houses rather than shacks, and to the ability to meet their energy needs by turning on a switch rather than spending hours collecting firewood. For example, over the 15-year period from 1996 on – just that 15-year period – the percentage of households that used electricity for cooking increased from 47% of our people to about 74%, with major benefits for women's emancipation from domestic drudgery.

The Presidential Infrastructure Co-ordinating Commission-driven infrastructure programme is now addressing ways to further enhance our capacity to deliver basic services to our people – water, sanitation, clinics and schools. The economy is today much larger than it was when the ANC came to power in 1994, with a substantially bigger gross domestic product, higher levels of investment, a better economic growth rate, and millions more jobs than we had 19 years ago. For example, while the growth rate in the period from 1980 to 1994 was approximately 1,2% per year, in the period of democracy, even with the global economic crisis – even with the global recession – it averaged more than 3% per annum.

On the eve of our 20th anniversary, the President has announced the R4 trillion National Infrastructure Plan, which will lay the physical basis for our future prosperity through investment in rail lines, ports, roads, bridges, power stations, water systems, dams and broadband networks.

Spending on early learning centres, schools, colleges and universities has increased rapidly. Many more young people are in school or have graduated from university than 19 years ago. To illustrate this, a recently released study by the University of Stellenbosch showed that in 1995 there were 463 000 people in the labour market with a degree. By 2011 this had grown to more than 1,1 million people, more than double what is was at the start of our democracy.

These achievements are a product of government's engaging with its citizens and partnering with its people. Over the next 12 months we have an opportunity as South Africans across the political divides to celebrate the real, concrete achievements of our democracy and of our freedom, of the participation by our citizens in transforming their lives, and to lay the basis for the next 20 years of democracy.

Chairperson, in 1980 more than 100 000 young students here in Cape Town rose in revolt against apartheid. I remember one song we sang on the Cape Flats, called Freedom isn't Free, adapted from a song that arose elsewhere in the world. It contained, amongst others, these words:

Freedom is a word often heard today,

But if you really want it there's a price to pay.

And each generation has to learn it anew,

That it's not something handed down to you.

Through government's programmes to promote an active citizenry we ensure that each generation, this generation too, protects its freedoms and uses the space of democracy to advance the common effort to improve the lives of our people. I thank you. [Applause.]

Mrs B L ABRAHAMS

UNREVISED HANSARD

NATIONAL COUNCIL OF PROVINCES

Tuesday, 23 April 2013 Take: 56

The MINISTER OF ECONOMIC DEVELOPMENT

Mrs B L ABRAHAMS: Thank you, hon Chairperson. Hon Minister, hon MECs, hon members, and guests in the gallery, today I feel very honoured and privileged to be participating in the Freedom Day debate: "Building an active citizenry towards consolidating our democracy and freedom".

Hon Chairperson, we will indeed be celebrating 19 years in democracy, and Freedom Day takes me back to when I was still a young girl and looking forward to casting my vote in the new democratic South Africa. Sir, 27 April 1994 is a day many of us will remember as South Africans. This day brought freedom to us in South Africa – where we can all live, associate with whoever we want to, and move freely in the land of our birth and not be harassed.

Hon members, I so clearly remember each second, each minute, each moment, each hour of this very special day, on which I woke up very early in the morning to get my family and myself ready to go to the voting station for me to cast my very first democratic vote. Wow! What a feeling!

Unfortunately, I had to apply for a temporary ID because I had not received my green bar-coded ID. I was very disappointed that I could not keep my temporary ID, as I had to hand it in after casting my vote. I wanted profoundly to keep my temporary ID card as a souvenir of this special day in my life. To my dismay, the very next day when I walked to my postbox there, surprisingly, was my green bar-coded ID in the box. I consequently wished it had arrived the day before the first democratic election, so I could have kept my temporary ID card.

Be that as it may, hon Chairperson, I was still very happy to be part of the country that is the nonracial and nonsexist democratic South Africa. I have never looked back since that day, and therefore we must all confidently make sure that apartheid is part of our history and not our future.

We must all strive to build an active citizenry in a consolidated, strong South Africa, and celebrate our democracy and freedom, knowing there have been people like former President Nelson Mandela and the late Helen Suzman, who were part of the struggle towards a democratic South Africa.

I would like to quote Nadine Gordimer, who said:

Helen Suzman had the brains and dignity to stick to her weapons and their target; her impeccably informed gift of debate hit the bull's eye of apartheid laws.

In "building an active citizenry towards consolidating our democracy and freedom", we are pleased that on Saturday President Zuma will present the Order of the Baobab to one of the former leaders of the DP, Mr Colin Eglin. Mr Eglin without a doubt deserves this award for the contribution that he made in fighting apartheid and consolidating our democracy and freedom.

I would also like to quote the Chancellor of the National Orders, Dr Cassius Lubisi, who stated that Colin Wells Eglin deserved his award:

For serving the country with excellence and for his dedication and courage in standing up for the principles of equality for all South Africans against the unjust laws of the past.

This order is awarded to the citizens of South Africa for exceptional and distinguished contributions and service rendered towards democracy in our country.

We need to sustain and continue upholding the rule of law and accountability in protecting the rights of all the citizens in South Africa, irrespective of their race, gender or affiliation. As South Africans we must consolidate in building a peaceful South Africa, where we can all walk and live freely. South Africa belongs to all who live in it – all races and all creeds. That's why we are called the rainbow nation. We need to strengthen the lawful institutions and governance systems flowing from our Constitution.

Supplementary dialogue needs to take place between government and the communities. An active public participation process should be fostered, where consultation is taken to all corners of South Africa, both the rural and the urban areas, and not only when it is election time, but all the time.

In conclusion, hon Chairperson, I would like to quote the hon former President Nelson Mandela, who said: "And I am confident that we shall all pull together to build on the firm foundation that has been laid." One people, one democracy! When we seek to stop change and prevent equity, then we should know that we are not being true to the nation's founding principles.

That's what we should all strive for, towards consolidating our democracy and freedom in our beloved country, South Africa. Thank you! Siyabonga! Baie dankie!

Mr T L MAKUNYANE

UNREVISED HANSARD

NATIONAL COUNCIL OF PROVINCES

Tuesday, 23 April 2013 Take: 57

Mrs B L ABRAHAMS

Mr T L MAKUNYANE: Thank you, hon Chairperson. Minister, MECs and colleagues, it is an honour for me to be given an opportunity to contribute to the debate on a subject which I regard to be at the heart of our concept of democracy and liberation: "Building an active citizenry towards consolidating our democracy and freedom".

Hon Chair, the Reconstruction and Development Programme, RDP, starts from the premise that no political democracy can survive and flourish if the masses of our people remain in poverty – without land, and without tangible prospects for a better life. Attacking poverty and deprivation must therefore be the first priority of a democratic government.

However, hon Chair, poverty has many dimensions. Universal and most important of these dimensions is powerlessness. Powerlessness to influence or control issues that affect one's daily life is as much a part of poverty as food insecurity or a lack of access to basic services, proper health care, education or a secure and sustainable livelihood.

As Deepa Narayan wrote in the 2000-01 World Development Report:

Poor people's lives are characterized by powerlessness and voicelessness, which limit their choices and define the quality of their interactions with employers, markets, the state, and even nongovernmental organizations (NGOs).

There are also other institutions and structures that they interact with and that impact on their day-to-day lives. I quote further:

Institutions, both formal and informal mediate and limit (and can facilitate or hamper) poor people's access to opportunities.

Hon Chair, the very fact that poor people are not empowered to influence these institutions impacts directly on their quality of life.

We cannot, therefore, embark on an offensive to tackle poverty without empowering our people to take charge of the process itself. Building an active citizenship must be at the centre of our effort to eradicate poverty and the legacy of apartheid. It is for this reason that the empowerment of ordinary people, their mobilisation, education and training, and organisation were always part of the DNA of our struggle.

In the history of our struggle it was an active citizenry that ultimately defeated apartheid. It was the active masses of our people, under the leadership of the ANC, who rejected white supremacist rule and made our villages and townships ungovernable. They rendered apartheid unworkable.

In the 1940s, when the ANC grew tired of the old methods of the struggle and the pseudo representative forums that were set up by the white supremacist government to speak for Africans, it came up with a programme of action. This was aimed at galvanising all the oppressed people into action. It set out to unite, mobilise, organise and empower all our people in an all-out struggle for their rights.

The 1952 Defiance Campaign against Unjust Laws was premised on the dictum that the people were their own liberators. It was the ANC that led the Congress Alliance in the year-long campaign that visited every village and township, and many farms, factories and mines, in order to canvass and solicit people's views on what the ideal South Africa should look like. This is the campaign that culminated in the real Congress of the People that adopted the Freedom Charter at Kliptown in 1955. This was active citizenry at work. The liberals shrank from this process because they did not agree with the principle of one man, one vote. They wanted to reform apartheid.

In 1956, when 20 000 women under the leadership of the ANC Women's League marched on the Union Buildings to demand the abolition of passes and the dreaded influx control, it was active citizenry in action.

From the 1960s through to the 1990s the irresistible international movement of solidarity with the people of South Africa, the world Anti-Apartheid Movement, which stretched from Australia and New Zealand to Canada, and from the USA to Scandinavia, was a movement of active citizens who were determined to mobilise their own governments to cut ties with the apartheid regime and to impose sanctions on Pretoria. It proved how powerful an active citizenry can be in their churches, trade unions, women's groups, sports bodies and many other kinds of organised formations, including Fifa, the World Council of Churches and the United Nations. All these forces were mobilised and led by the ANC under the leadership of Oliver Tambo and his collective. It became the greatest international social movement the world has ever seen, an active citizenry on the move.

In 1969, when the ANC adopted its "Strategy and Tactics" document at Morogoro, it designated mass mobilisation one of the four pillars of the struggle. In subsequent years events in South Africa vindicated this choice. From the Durban strikes of 1973 and the student uprisings of 1976, through to the launch of the United Democratic Front, UDF, in 1983 and the Congress of SA Trade Unions, Cosatu, in 1985, all demonstrated the power of an active citizenry on the march. The ANC has demonstrated its power to read the concrete material conditions and to take appropriate action.

Today we need to harness this energy. The constitution creates the space for our people to participate in the process of policy formulation and legislation. However, a different set of skills is needed for them to take full advantage of these processes and control of the programme of reconstruction and development. To build an active citizenry, we need not only to unite and mobilise them, but also to educate and train them, and provide them with information that will empower them to take charge of issues that affect their daily lives.

They need debating and organising skills, and the skills to understand policy debates and their implications. The commercial media cannot fulfil this need. We need deliberate programmes funded and implemented by this Parliament and the legislatures to educate and provide skills for our people in order for them to participate meaningfully in the policy-making process. Otherwise, the space the provided by our Constitution will serve only the interests of corporate lobbyists.

As the RDP stated, our programmes must be people-centred and people-driven. Amilcar Cabral put it this way:

Always bear in mind that the people are not fighting for ideas, for the things in anyone's head. They are fighting to win material benefits, to live better and in peace, to see their lives go forward, to guarantee the future of their children.

They cannot realise these aspirations if they are powerless to change their circumstances. Let us arm our people and empower them for the war on poverty. I thank you. [Applause.]

Mr J J GUNDA

UNREVISED HANSARD

NATIONAL COUNCIL OF PROVINCES

Tuesday, 23 April 2013 Take: 57

Mr T L MAKUNYANE

Mr J J GUNDA: Thank you, hon Chair. Hon Minister and colleagues, all protocol observed, indeed this is a very important day to debate. Freedom Day is not an easy day for us. It is a day that we will always remember. It was a day that started in pain and ended in joy.

Hon Chair, Mahatma Gandhi said, and I quote: "The weak can never forgive. Forgiveness is the attribute of the strong." The fact that we can forgive is a sign that we are strong people.

Coming to my speech today, let me say that there are heroines and heroes who paid with their lives so that we can enjoy this freedom today. Freedom Day is a day that we must celebrate. We must also remember the people who paid with their lives for this country, our own country. It is sad to think that you have to pay with your own blood for your own country.

Let me come to the topic of the debate: "Building an active citizenry towards consolidating our democracy and freedom". This needs the following. There must be a commitment from the private sector, the big businesses, to restoring and building up the dignity of our people. We need the private sector really to assist government to restore the dignity of our people. We can't just say the working class will never become owners. It is time for us to become owners in our own country!

We need a South Africa in which we respect and treat one other as human beings and as equals. We need to make a greater effort to close the gap of inequality. The poor of this country must have a sense of belonging, and a desire to be part of building an active citizenry. There must be introspection to help us to be honest in all that we do. We need to build confidence in our people by developing, educating and skilling them in order for them to be proud South Africans. Martin Luther King Jr said:

I have tried to be honest. To be honest is to confront the truth. ... However unpleasant and inconvenient the truth may be, I believe we must expose and face it if we are to achieve (an active citizenry for South Africa.)

Hon Chair, according to a scripture in Ecclesiastes in the Bible, there was a king that fought against a small city. In that small city there was a poor, old man. That city had nothing to protect them, but the advice that the old man gave the leader of that city protected and saved the city. But no one remembers that poor, old man! So, we must remember that the poor play a vital role.

In conclusion, Brian Tracy said: "Leaders think and talk about solutions. Followers think and talk about problems." Ngiyabonga. [I thank you.]

Mr M QHOBOSHIYANE (Eastern Cape)

UNREVISED HANSARD

NATIONAL COUNCIL OF PROVINCES

Tuesday, 23 April 2013 Take: 58

Mr J J GUNDA

Mr M QHOBOSHIYANE (Eastern Cape): Hon Chairperson of the NCOP, hon Minister, hon members of the NCOP, distinguished guests, and ladies and gentlemen, as we congregate here to engage in this debate on the eve of the nineteenth freedom celebrations, we ought to understand the nature of our liberation struggle in order to appreciate the gains made in the last 18 years.

IsiXhosa:

Sihlalo namalungu abekekileyo, silapha size komeleza amagwala, sikhuthaze amakroti ezwe lakowethu, siphakamise ngeengalo ezingenankantsi sime ngeenyawo ezingenamikhinqi.

English:

It is important that as we debate we remember these words of the Deputy Minister of Justice and Constitutional Development, Mr A C Nel, which have reference to our first democratic President, Dr Nelson Mandela, and which I now quote:

We recall the expressions of joy and dignity on the faces of the millions of South African citizens who patiently waited their turn in the long voting queues, that defining moment, when we exercised our fundamental right collectively to determine our common destiny.

This weekend we repatriated the spirits of Makhanda Makana ka Nxele from Robben Island to Tshabo village near King William's Town in the province of the Eastern Cape. The war doctor who challenged the mighty army of the British forces with his brave warriors, close to 6 000 men, was arrested and incarcerated in Robben Island as the first prisoner. This signifies the depth of our resistance to the imperialist domination and colonial subjugation which resulted in today's South Africa of division and inequality. Even today you can go to Grahamstown and you will see the 1820 Settlers National Monument on the west of that town and Egazini on the eastern side.

Today, because we are free, we enjoy freedoms and rights enshrined in our Constitution. These include the right to freedom of expression, of opinion, of the press and many others. However, in exercising these rights we ought to ensure that the content of our message is the truth and nothing other than the truth. The truth is: The ANC was voted into power to change corrupt, unaccountable, secretive, uncaring, discredited and evil government.

The years leading up to 1994 saw one of our great leaders, Comrade Oliver Tambo, travel the length and breadth of Africa and the world, engaging progressive leaders on the future of our country. The result of that was the Harare Declaration, which stated that South Africa would become a united, democratic, nonracial state. All of its people would have the right to participate in government and the administration of the country, on the basis of universal suffrage exercised through one person, one vote under a common voters' roll. We have achieved all this and what is needed now is to improve public participation, oversight and delivery.

Oliver Tambo represents the masses of our people. He is the symbol of our resilient struggles for freedom and liberation, and he was the engine that the ANC machinery depended on for its functioning. Most importantly, Freedom Day gives us an opportunity to pay tribute to the heroes and the heroines who fearlessly sacrificed their lives in pursuit of a free and democratic South Africa.

As the province of the Eastern Cape, we are wedded to honouring our compatriots by improving the lives of our people through the delivery of services like clean water, roads, human settlements, sanitation, education, quality health care and social services. The message our President gave to delegates to the Salga Special National Conference continues to inspire us as the provincial administration. He said:

(Our) vision is to create dignified human settlements for those who lived in "dehumanising conditions" before. These should be communities where residents have water, electricity, sanitation and roads, as well as recreational facilities. It must be communities filled with the laughter of happy children.

In celebrating this day we ought to cultivate a sense of deep-rooted freedom, patriotism and consciousness, so that our nation stands on the firm foundation laid by our selfless visionary leaders.

Our freedom has forever changed the acute and monumental manifestation of racism, structural and legislated poverty, underdevelopment, and dehumanising social life. Freedom has brought triumphant victory to the oppressed masses of our great nation. It has restored dignity, reparation and a full life cycle to the living and those departed. Our freedom is second to none. It gives us peace and justice, reconstructed and developed spatial planning in a distorted country, and hopes and aspirations. The dreams and desires of our traditional rural communities were revived for the first time when we attained our freedom.

The seeds of our freedom germinated and produced a stem that branched into a deep-rooted consultative mechanism, public participation, and public policy inspired by its own citizens.

Our focus is not only on social services, but also on bringing scores of our people into participating in the economy of our country, our continent and the world. As the province of the Eastern Cape we are driving programmes to benefit 6,5 million people of the Eastern Cape. Nineteen years later, we must reflect on the gains we have made, but also be mindful of the journey that lies ahead of us in strengthening our democratic nation.

The results of Census 2011 revealed reasons why we should celebrate our freedom. They tell the story of a nation progressing with its growth and development.

However, the Eastern Cape has the lowest proportion of people living in formal dwellings. Sir, 63,2% are actually living in formal areas, 28,2% of Eastern Cape households still live in traditional dwellings, and 7,7% remain in informal dwellings. That is what we received in our Census 2011 report.

In the Eastern Cape, one in every eight households has no toilet. The province has the highest percentage of households, 12,7%, without toilet facilities, compared to 1,1% in Gauteng. This is receiving our attention as the provincial administration.

Between 2001 and 2011, households which have refuse removed by a municipality at least once per week have increased by 20,4%. Households which have refuse removed less than once per week have increased by 85,2%, whilst households with no rubbish disposal have decreased by 27,1%.

Households using electricity and lighting have increased by 67,3% in the province, while households using paraffin and candles have decreased by 51,8% and 38,5% respectively.

There has been an increase of 97,1% since 2001 in households with piped water inside the dwelling. Households with communal taps less than 200 m from the dwelling have increased by 75,8%, whilst households with communal taps more than 200 m from the dwelling have decreased by 47,5%. Households relying on dams, rivers, streams and springs have decreased by 14,2%.

In the year 2011 less than 46% of Eastern Cape households had flush toilets and between 2001 and 2011 the number of households with flush toilets increased by 42,9%.

The continuous increase in the number of people getting services is a result of effective and good service delivery, which we are promising to continue with. The continuing reduction of the backlogs is a clear picture of the destruction of the evil legacy of apartheid by the ANC-led government. To us our freedom has a meaning and responsibilities. It also has a meaning to the people of African states devastated by the apartheid government, and the freedom-loving people who supported us during the time of our liberation struggle. One of those responsibilities is that we must work harder in building better communities and a better society. We agree with Dr Mandela that this freedom "requires hard work by those entrusted with positions of responsibility in government".

Equally, it requires that each of us protect women, children, people with disabilities and those who are vulnerable in our society. We must eradicate the abuse of women and children, rape, violence, murder, crime, fraud, corruption, and drug and substance abuse in our country. Our women and children must enjoy this freedom too.

In the process of building this country we encounter challenges that test the resolve of our government system. These also affect the pace of our delivery. However, each day of our freedom is a chapter in the true story of our freedom. Each good and perfect delivery is a testament to what we can achieve when we work together.

Each South African, exercising his or her right to build this country, is a witness to how good our freedom is. Our freedom guarantees equality underpinned by equity and redistributive, just and constitutional redress. We shall realise and achieve building an active citizenry towards consolidating democracy and freedom. Thank you.

Mr S H PLAATJIE

UNREVISED HANSARD

NATIONAL COUNCIL OF PROVINCES

Tuesday, 23 April 2013 Take: 59

Mr M QHOBOSHIYANE (Eastern Cape)

Mr S H PLAATJIE: Chairperson, today, if we do not act in defence of our Constitution, our children will want to know why we so readily surrendered this freedom within our first two decades. In speaking of democracy the University of Hawaii said on their website that philosophers of the Enlightenment, like Immanuel Kant and John Locke, "felt that democracy, as so understood, was mob rule, government by the ill-informed who would simply use government to advantage them." It is evident that the current state of affairs vindicates this claim. On this Freedom Day let us take stock of where we have come from and where we are going.

To start with, how do we consciously celebrate freedom whilst the quality of school education for most black people is substandard? Poorly located and inadequate infrastructure limit social inclusion and faster economic growth. Municipalities are rotten to the core. Defenceless women and children are raped every second. Police brutalise and mercilessly kill our people. Marikana and Andries Tatane's murder will remain painful sores for our democracy. As we endeavour to "build an active citizenry towards consolidating our democracy and freedom, many comrades and friends prove to be above the law! Municipalities have misused public funds to the tune of R29 million through irregular and wasteful spending patterns. Today, as we attempt to "build an active citizenry", the majority of South Africans are unemployed. The unemployment rate amongst the youth is over 50%. More than 20 million South Africans live in poverty. Municipalities are collapsing because of corruption and nepotism. The living conditions of many South Africans are appalling and their access to services limited. The government's noise and threats to fight corruption are ineffective. The R144 million in corruption scandals that involve Dr Gaston Savoi across two provinces highlights the magnitude of corruption in South Africa.

Corruption diminishes economic efficiency and consequently social welfare. Economic growth and job creation are both stagnant. Job opportunities are earmarked for the politically connected. State tenders are going to people who are politically connected. These are also required to plough back the money to the families of other political leaders, as we have read in newspaper reports.

In conclusion ... [Interjections.]

The TEMPORARY CHAIRPERSON (Mr F Adams): Order! Hon Nesi. [Interjections.]

IsiXhosa:

Mnu S H PLAATJIE: Hayi mani Nesi, yeka lento yakho! Ndiyakucela mani!

English:

Mr B NESI: Will the member take a question?

The TEMPORARY CHAIRPERSON (Mr F Adams): Hon member, are you prepared to take a question?

Mr S H PLAATJIE: No, Chairperson!

The TEMPORARY CHAIRPERSON (Mr F Adams): No, hon Nesi.

Mr B NESI: Surrender!

The TEMPORARY CHAIRPERSON (Mr F Adams): Continue, hon member.

Mr S H PLAATJIE: In conclusion, Cope calls upon all those who call South Africa home to energetically translate the fruits of our hard-earned freedom into what will benefit all South Africans, regardless of colour, creed and political affiliation. I thank you!

Ms L MABIJA

UNREVISED HANSARD

NATIONAL COUNCIL OF PROVINCES

Tuesday, 23 April 2013 Take: 60

Mr S H PLAATJIE

Ms L MABIJA: Hon Chairperson, hon Minister Patel, hon MECs, permanent and special delegates, hon members of the SA Local Government Association, Salga, and distinguished guests, ...

Tshivenda:

... ndi masiari avhudi.

English:

The ANC organisation is found everywhere at the same time and all the time. It has the best policies for respecting human beings. It is not simply one of the oldest organisations; it is the oldest organisation in Africa and was the last to achieve its freedom and democracy.

The majority of the people in our country have a great trust in this organisation. It is our obligation as leaders not to work for our citizens, but to work with them – committed and selfless, with the best courage and vision for our present and future generations, in order to consolidate the hard-won freedom and democracy the best we can.

It is vital to indicate that the ruling party in government is doing good for its citizens, although there are elements with bad practices, and it has been emphasised that these will be named and shamed.

Our legacy from previous times communicated more propaganda than reality to our people, especially the marginalised, disadvantaged, ignorant poor and voiceless characters, who are in the majority. There are ways and means for all our aims and objectives in government to reach South African citizens, and they are communicated through all possible methods. This is because we are to work together.

A good leader, I believe, is usually a good listener, for the sake of interpreting information precisely and correctly, as needed, within the rules, regulations, laws, acts and prescripts. This is, of course, all based on the supreme law of the state.

Although we would like to see all South Africans living in a nonracial and nonsexist democratic country, at times it might be necessary correctly to interpret some of the people's beliefs, customs and taboos which might have been embedded in them from birth and may be affecting their better understanding of our democracy and freedom.

From national and provincial government to local municipalities there should be a smooth flow of correct information, regularly at certain intervals. The successes and failures of the government must be communicated on time and in good faith, in order to build confidence among all of us. This would definitely eliminate the destruction of properties during strikes, as many will begin to understand patriotism.

Of course, there are three things that we as authorities or leaders sometimes – and I said "sometimes" – neglect. These are: respecting timeframes, respecting and valuing a promise, and being prepared to look at issues on merit. How many of us as leaders seated here interpret what we are supposed to understand in good faith and to the best of our ability, in a selfless manner? What kind of legacy do we want to leave for the generations to come?

When consolidating democracy and freedom, in my view political understanding is the central pivot around which each one of us should rotate as leaders. Well-informed, capable cadres who are visionary veterans, and who brought our organisation into government against the odds, where it is today, are passing on day by day. What are we doing to ensure that the legacy that remains will determine that the past is properly understood and correctly interpreted, in order to discern where we stand, and to predict our future and that of the generations to come?

We should all strive to ensure that our citizens are indeed able to interpret ANC government policies. These are represented by three letters, ACT, and are accountability, collectiveness, and transparency. Transparency is the last key of the three, because it helps us chart a clear way forward.

In "building an active citizenry" I seriously believe that the prayers of all the believers from the different denominations have gone up through the different lines in very difficult times, and that God had the purpose of good for us. We as the government should engage with them all the way and at all times when we are determining our way forward. This will reduce cases of rape, theft and the abuse of women and children. Indeed, "together we can do more", since everybody needs somebody.

In order to consolidate democracy and freedom, we must keep in mind the youth, women and senior citizens.

Why? I am saying this because the youth are our children of today, but the parents and leaders of tomorrow. Young as they are they are always optimistic, although the old are those with experience. How do we chart a clear way forward as a nation or "team", together with them? We must find one another through various avenues. We must listen to the young Msholozis, Tmans and Mandelas of today, addressing us competently, efficiently and effectively in high-calibre gatherings.

Every one of us women is proud of being born a women. I now have the self-reliance and confidence that our parents and grandparents did not have, except for a few who are old cadres in the struggle. Women's emancipation, with proper training, can surely build a very strong democracy in this country.

As a bottom line, in about 20 years' time, due to our policies on women's emancipation, our country will be led by a majority of women who are properly trained and who are competent in any sphere of life. Our duty will be to hold on persistently, creatively examine and execute our plans, and provide the modus operandi for the best of all South Africans – irrespective of their creed, colour and religion – in South Africa, Africa and the world.

Senior citizens, whom some jokingly call "ama-wipers", are the best sources of information, no matter how obsolete the information might be at the end of the day. There are certain areas of information which will allow us to know where we stand, and therefore we will be able to predict our future. Sir, "no man is an island", and they commenced the struggle in an era when there was nothing for us. Through their courage, determination, vision and consistency we are where we are today.

Our Freedom Charter says, and I quote: "South Africa belongs to all who live in it". South African citizens today celebrate Freedom Day with pride. I thank you. [Applause.]

Mr B MADIKIZELA (Western Cape)

UNREVISED HANSARD

NATIONAL COUNCIL OF PROVINCES

Tuesday, 23 April 2013 Take: 61

Ms L MABIJA

Mr B MADIKIZELA (Western Cape): Mr Chair, hon Minister, my colleagues the hon MECs who are here, hon members of the House, and distinguished guests, let me take this opportunity to thank you very much for affording me an opportunity to address this House on the eve of a very important Freedom Day celebration.

Mr Chairperson, included among the fundamental human rights that support the many forms of freedom is the right to adequate housing and basic services. The state has, within its available resources, to achieve the progressive realisation of these rights, amongst others.

Our approach to housing and human settlements begins with seeing housing provision as primarily an economic freedom issue, and not only as a social issue. With economic freedom people have the ability to ensure that their human rights are realised without dependency on the state. This leads to dignity and the empowerment of our people, which I think will go a long way towards addressing the challenges with which we are faced when it comes to our terrible triplets, namely, unemployment, poverty and inequality. In the department of human settlements we are focusing on creating enabling environments that support people on their journey to economic freedom.

This year marks 100 years since the promulgation of the Land Act of 1913, which effectively dispossessed many South Africans of their land and their right to own land. The department of human settlements has an important role to play in ensuring that people get title deeds to their houses, which helps in redressing the imbalances of the Land Act of 1913. Previously in the Western Cape, as in many other provinces, many people received their houses and yet did not receive title deeds as proof of ownership. They were thus unable to participate in the property market or use their homes as collateral to access other financial assistance.

This has trapped our people in perpetual poverty, which is why in 2011 we initiated a study to find out the extent of the problem. We found that a number of processes like conveyancing hadn't been done correctly in numerous projects. Over a third, 36%, of the beneficiaries in the Western Cape since 1994 had not taken ownership. We have now reduced this backlog to 28% through the issuing of 20 400 title deeds that should have been issued previously.

Through issuing title deeds we are empowering beneficiaries with legal ownership and security of tenure. A property is now a "freedom" that can be used on their journey to economic emancipation, and this is also a contribution to land reform. This is a critical role that the state must play in order for people truly to feel the freedom that we enjoy today.

Through our ensuring their right to housing, it becomes the responsibility of the beneficiaries to maintain their houses and to grow their assets. This balancing of rights and responsibilities, where the government ensures provision of rights and the people take responsibility, is critical to the success of our country. The provision of rights without responsibility leads to a progressive strengthening of the nanny state and the culture of dependency.

In the department of human settlements much of our focus is on the poorest of the poor. These are the people who have fallen through the cracks as a result of imbalances created by the apartheid regime. To these people freedom is meaningless, unless we meaningfully address their plight.

While 76% of the overall provincial budget is spent on the poor, 93% of our R1,725 billion budget is spent on those earning less than R3 500 per month. The provision of housing solutions gives them a hand up, so that they can become part of the "whole of society" approach, becoming contributors to both their own success and that of the greater society.

We are increasingly prioritising those with special needs. As a department we are busy customising and standardising our policy in order to address the shortcomings, so that they too are able to celebrate their freedom. Often the special needs cases are overlooked and it's our responsibility to care for and provide for everyone, especially those who need the most help, and to help create communities in which those with special needs can freely thrive.

Close to 600 000 households in the Western Cape need housing, and we have a budget that does not adequately address this challenge. With such a need and only limited resources, the progressive realisation of human rights begins with the provision of basic services, ensuring that people have clean water and sanitation. While the Western Cape leads the country with 99,1% of households having access to piped water and 96,9% to ablution facilities, we are aiming for 100% in both categories by 2014.

To ensure that everyone has access to basic services, the access to basic services programme was launched in January 2012. By December 2012 the programme had ensured that a further 405 water standpipes and 634 ablution facilities had been delivered. This means that an extra 4 185 households or 10 995 people have benefited from access to clean water, and an extra 3 170 households or 8 225 people have benefited from access to sanitation according to the national minimum requirements. These are households that are now free from the risk of illness through contaminated water and poor sanitation.

Chairperson, I want to end by saying that I think that all of us in this House agree that the legacy of apartheid will be with us for a very long time. But, equally, we have to take a very hard look at ourselves and make sure that we make the right decisions, so that those who sacrificed their lives for this freedom did not do that in vain. With those few words, I thank you.

Mrs M G QABATHE (Free State)

UNREVISED HANSARD

NATIONAL COUNCIL OF PROVINCES

Tuesday, 23 April 2013 Take: 62

Mr B MADIKIZELA (Western Cape)

Mrs M G QABATHE (Free State): Chairperson, Minister Ebrahim Patel, all the hon members of this august House, representatives of different provinces, and chairperson of the SA Local Government Association, Salga, and executive mayor Manyoni, we have come a long way from a brutal past. We have come from centuries of colonialism, followed by decades of racial oppression in the form of apartheid. We are still in the healing process. Hence it is important to commemorate and celebrate Freedom Day in the spirit of building a South Africa that belongs to all, as stated in the Freedom Charter. The intention is to promote the appreciation of freedom and democracy in order to encourage active participation in building a united and prosperous South Africa. Hence, the theme for this debate is very relevant.

Freedom Day is a day where, whilst commemorating it, we are also celebrating the gains of the revolution and paying tribute to our heroes and heroines, our freedom fighters, our liberators. They were men and women who had the bravery, the strength and the moral courage to stand up and say no to the wrongs and sins of apartheid rule.

It is because of such leaders that we are so privileged, and so free to make choices. South Africans are able to attend schools wherever they please. They are able to buy houses and reside wherever they please, according to the size of their pockets. There are no more areas with signs saying, "Net vir blankes" [Whites only].

We appreciate the fact that the ANC liberated many of us today, including those who continue to insult it. It is this very ANC that liberated them to be here today and to be members of this House. Hon Abrahams and hon Madikizela were liberated by the ANC. Had it not been for people like Oliver Tambo, Walter Sisulu, Bram Fischer, Joe Slovo, Charlotte Maxeke and Albertina Sisulu – and there were many others – I would probably have been scrubbing some white woman's kitchen, as my mother did!

If the late Chris Hani could be woken up and asked, "Are you bitter about your death in April 1993?", I am sure his response would be no. After his death an announcement was made of the first democratic elections in 1994. He was surely smiling on 27 April 1994 to see the long queues of the majority exercising their right to vote. He would now say, "I'm so happy that year in and year out our citizenry continue to make the right choice, of voting for the ANC." He would encourage us never to forget what we said in the Freedom Charter that "South Africa belongs to all who live in it, black and white".

In "building an active citizenry towards consolidating our democracy and freedom", our premier in the Free State, Ace Magashule, long ago started integrating our communities in the true sense, and urging Free State people to build a better, united country.

He organised a reconciliatory walk and reconciliatory games. We had fans of both Bloemfontein Celtic Football Club and the Cheetahs rugby team celebrating together.

He organised a trip for black and white business people, for them to come to Cape Town and visit Robben Island. Arising from that trip, many of them pledged to be agents for change, because for the first time they understood more deeply what the country had gone through.

We have held several joint church services for black and white.

We have young black and white children who are participating in power boat racing and were recently sponsored to take part in races in the Ukraine. Where would you have seen this in the time of apartheid?

Black and white students have benefited from more than 4 000 bursaries that were given them by the Free State government. They were also given laptops to enable them to do their assignments. Black and white business people have also taken an active role in adding to that programme.

On 26 April last year we took white communities of Bethlehem through the streets of Bohlokong to interact with its communities. We took them to see an area called Silahliwe, where we had a joint prayer service. We enjoyed a chesanyama [braaivleis] in Bohlokong Township. After that some literally cried and said, "We have lived in this town for so long, but we have never bothered to cross the bridge to come to this other side of the town." Some said, "Now we understand the priorities of your budget." They asked, "How can we fight and cry for a luxurious park, when we have people who are living in such squalor?" Many of them engaged in active participation after that. They contributed to the children's home and a hospice in Bohlokong.

Today's theme seeks to forge such relationships. In going forward the Free State government is going to build houses in Ventersburg. These houses will accommodate black and white communities, within this financial year.

On 26 April this year we will be celebrating at the Free State stadium. We as leaders are not going to make a lot of speeches. No, it is our citizens who will be doing the talking. A black and white married couple will tell us about their marriage and love life under the new dispensation. Black and white team mates in various sporting codes will tell us about how it is to play as one, and be friends, and brothers and sisters, in the process. [Applause.] Black and white business people will tell us about how it is to do business together. Black and white schoolchildren will tell us about how it is to go to school together, grow together and, more importantly, be friends with one another.

In presenting these programmes we are trying to urge those who are still blinded by ignorance, engulfed by hatred and cocooned by fear to come out of the cocoon. South Africa is a very beautiful country and the rainbow nation is an attainable ideal. With such programmes we confirm what was said by the former President of South Africa, uBaba uNelson Mandela:

... never again shall it be that this beautiful land will again experience the oppression of one by another ...

We wish him a speedy recovery and longer life.

We are proud of the ANC and President Jacob Zuma and his collective for introducing the National Development Plan as a long-term vision which will serve as a basis for partnerships across our communities to attain the South Africa that is articulated in the Constitution and historic national documents like the Freedom Charter of 1955. It will ensure focused, speedy service delivery to all.

We are proud to be part of the international community, and we are doing so well in everything that we participate in. It is therefore important for international stars like Chad le Clos, Caster Semenya, Charlize Theron, Ernie Els, Terry Pheto and many others to know that people died in order for them to be where they are today.

It could only be a man as honourable as President Jacob Zuma who, in his quest to build unity and cohesion, is able to take people from the opposition – white, nogal, and people who have been insulting him from pillar to post – and deploy them in positions that are highly thought of. He took Pieter Mulder from the extremists of the FF Plus and included him in his Cabinet. He took Sandra Botha from the DA and deployed her as ambassador to Bulgaria. He deployed Tony Leon, again from the DA, to Argentina to serve as ambassador there. It is only a cadre of the ANC who could do that. I don't see Helen Zille doing that as premier. [Applause.] What she is best at is telling lies and distorting the history of this country. The DA has never played a role in building this country.

In forging racial cohesion, as an active citizenry we should all fight against racism, discrimination and injustice, xenophobia, crime and violence ... [Interjections.]

The TEMPORARY CHAIRPERSON (Mr F Adams): Order, hon MEC! Order! Hon Faber?

Mr W F FABER: Chair, on a point of order: I believe that the speaker is giving this House a false impression by saying that the Premier of the Western Cape is lying. [Interjections.]

The TEMPORARY CHAIRPERSON (Mr F Adams): Continue, hon MEC.

Mrs M G QABATHE (Free State): Chair, it's a fact that the DA never played a role in building this country. In forging racial cohesion, as an active citizenry we should all ... [Interjections.]

The TEMPORARY CHAIRPERSON (Mr F Adams): Order! Order, MEC! Hon De Villiers?

Mr M J R DE VILLIERS: Chairperson, on a point of order: It is unparliamentary to say that the hon member is telling lies. That is my point of order.

The TEMPORARY CHAIRPERSON (Mr F Adams): But the member is not present in the House. [Interjections.] Hon De Villiers, the member is not present in the House. [Interjections.] Order, hon members!

Mr M J R DE VILLIERS: Chairperson, all premiers are respected in this House. All premiers. That's the reason why I am putting this point of order.

The TEMPORARY CHAIRPERSON (Mr F Adams): I hear you, hon De Villiers. Carry on, MEC. We will make a ruling on that afterwards. Please will you round off, MEC. You have one minute left.

Mrs M G QABATHE (Free State): Chair, in deepening and consolidating our democracy and freedom we appeal to the Department of Justice and Constitutional Development, working together with the Department of Police, that there should, please, be an improvement in how cases are managed and handled. Let cases be speedily resolved, because a protracted case deepens the pain of the victim. Let our courts be people-friendly.

Democracy and freedom will not be complete without attending to the land issue seriously. The Minister of Rural Development and Land Reform had an emotionally charged dialogue with the Griquas, and the San and the Khoi people in Kimberley last week. The discussion was about recognition of self, land, and management of land in the country.

In celebrating Freedom Day we are calling upon white communities to desist from taking their children out of schools when a black child arrives. We are calling on them to stop running away when we become their neighbours. It is such acts that are opening up old wounds. The ANC wishes all of us to play an active role and to take "tissue oil" to treat the scars left by colonialism and apartheid.

Minister Patel will have to ensure that we build sustainable and patriotic businesses from emerging businesses to conglomerates. He needs to work closely with the provinces. Minister, we are proud to be part of the Brazil, Russia, India, China and South Africa, Brics, countries and therefore part of unlocking trade in South Africa.

Through the National Development Plan, never again will people be degraded and live in hostels, like in apartheid times. Never will families be put into a one-room house. Never again will seven family members be put in a one-bedroom house. Therefore, we support the National Development Plan of the President.

Forward with "building an active citizenry towards consolidating our democracy and freedom"! Viva, the National Development Plan! Amandla. [Applause.]

Cllr T MANYONI (Salga)

UNREVISED HANSARD

NATIONAL COUNCIL OF PROVINCES

Tuesday, 23 April 2013 Take: 63

Mrs M G QABATHE (Free State)

Cllr T MANYONI (Salga): Hon Chairperson, hon Minister Patel, hon MECs present, sisi wam [my sister], hon members, fellow councillors present here, and ladies and gentlemen, let us first acknowledge that today, when we are celebrating Freedom Day, is also a special day in this country, because it is the birthday of one of the special South Africans, Bram Fischer. He was a man who was considered to be a traitor by those who, he said, had granite attitudes when it came to changing this country.

Freedom Day marks a founding moment in our country's history, when all South Africans were for the first time afforded the opportunity to vote and elect a government of their choice. The famous Freedom Charter once prophesied: "The people shall govern!" That freedom surely did not mean only the ability to exercise the democratic right to vote, but also continued citizens' involvement in the democratic lawmaking and governance processes.

Chairperson, this day therefore marks an important opportunity to reflect on the road travelled and the many successes we have attained in expanding services and consolidating our democracy and hard-earned freedom. Many more now enjoy the benefits of freedom and equal access to opportunities than ever before.

Equally important, though, is the extent to which our people are drivers of their own development. Citizens must not be mere bystanders and passive recipients of government services, but actively assist the government they have elected – I repeat, actively assist the government they have elected – in all its forms, to bring about the socially cohesive and integrated communities we all wish to have. Let us all be proud South Africans and build our own country. No one will do it for us! And so, we cannot rest for as long as there remain challenges that prevent all South Africans from enjoying their freedom and having a voice in the decision-making processes that affect them.

This year's theme highlights the fact that, as the National Development Plan has so eloquently expressed, to accelerate development South Africa needs the active support of all citizens and leadership in all sectors, who put the country's collective interests ahead of narrow, short-term goals, and also radically improved government performance.

Based on the notion that local government is the sphere of government closest to the people, the Constitution mandates us to encourage the involvement of communities and community organisations in matters of local government. The White Paper on Local Government of 1998 put forward a vision of developmental local government, one "which is committed to working with citizens, groups and communities" in meeting "the social, economic and material needs of communities in a holistic way."

A central principle of the postapartheid Reconstruction and Development Programme, RDP, was the empowerment of poor and marginalised communities. People-centred and people-driven development that emphasises growing empowerment and reliance on mobilising the energies of communities was a central concept of the RDP and remains the imperative. Local government is uniquely placed to achieve this inclusivity.

But, Chairperson, our transformation from a society rooted in discrimination and disparity, to a constitutional democracy, posed and continues to pose particularly profound challenges at local government level. It is here that all the acute imbalances in personal wealth, physical infrastructure and the provision of services were, and are, often most obvious. Thus, local government remains the key site of delivery and development, and is central to the entire transformative project of the new South Africa.

However, our communities, and their representative groups and individual citizens, have an important obligation to be actively involved in the programmes of local government through participating on the various platforms created by our legislative framework. Equally, we as elected representatives must ensure that we actively encourage the involvement of communities in our municipal affairs, through reaching out to them on their own platforms and taking our business to the people, much as the NCOP has done with its Taking Parliament to the People initiative. Many people cannot afford the cost, financial or otherwise, of participating on the various government platforms and it is critically important that they not be excluded from the democratic processes.

Inclusive local government is vital for the sustainability of the institution and for the enhancement of democracy. We must develop a culture of municipal governance that complements our representative role with enhanced and active participatory governance. For it is only once we have active citizenry and vibrant participatory democracy that all South Africans will enjoy the benefits of freedom.

Chairperson, I am from a municipality and I am proud. I am proud because certain words are fading and certain terms are no more. No longer do you hear words like "platkeps", "mampara police" and "kitskonstabel". Those referred to the municipal police. I am proud because in the municipality I am in we don't have "platkeps", "mampara police" and "kitskonstabels". I am proud to be from a municipality where I don't instruct my municipal police to wake up mothers and fathers, or sisters and brothers, to ask for a "dompas", a "staan-en-kyk" or a lodger's permit. They can at least sleep in peace! Hence, I am proud. I am proud because at long last I can talk about freedom, even if things are difficult.

James Matthews wrote a poem, The Face of my Mother takes the Shape, and I quote:

The face of my mother takes the shape of

a frightened mouse

at the sound of a policeman's step

the fear-filled-flutter of her heart

a bird ensnared

my father freezes his feelings at the demand

for a pass

I am proud I am not part of that.

Therefore, let us all take this opportunity to rise above our narrow interests, and work together to make sure that our municipalities are centres of excellence and are able to deliver decent services to our people. I thank you. [Applause.]

Mr M P SIBANDE

UNREVISED HANSARD

NATIONAL COUNCIL OF PROVINCES

Tuesday, 23 April 2013 Take: 64

Cllr T MANYONI (Salga)

Mr M P SIBANDE: Hon Chairperson, hon members and Minister Patel, first of all I would like to say we may forgive, but we cannot forget because we must start from where we come from. For example, ...

IsiZulu:

... lapha eNtshonalanga Kapa, e-Good Hope izinkalo zonke zigcwele umlando wamatshe ezikhumbuzo zezifikanamthwalo noma amaqadasi o-Jan Van Riebeeck, Vasco da Gama kanye no-Bartolomeu Dias nabanye. Izinhlangano ezifana no-DA zimi qinqgo zishaya phansi ngonyawo zifuna umphakathi kanye nomhlaba wonke uqhubeke nokufunda ulwazi oluyize leze. Thina benhlangano kaKhongolose nemiphakathi eyahlukunyezwa kufanele singalokothi sikhulume ngezenzo zobandlululo olwenzeka ngqo kithina.

English:

The very same members of the DA were amongst the people who were campaigning, side by side with the late former British Prime Minister, Margaret Thatcher, and calling for international isolation of former President Nelson Mandela and the ANC. He was regarded as the leader of a terrorist organisation.

At the moment the DA is changing like a chameleon, claiming, for the sake of the election campaign next year, to have contributed to the struggle. [Interjections.] They mustn't forget, however, that the ANC also liberated young whites from conscription – they had been forced to join the army. [Interjections.] Hon member Abrahams, you have forgotten that Mr Colin Eglin was strongly opposed to the system of one man, one vote. He believed that apartheid could be reformed.

In regard to the hon Plaatjie, unfortunately there is a tendency, after they have spoken in a debate, for them to run away! They are supposed to respond. [Interjections.] Hon Plaatjie was talking about democracy, while his party has not practised it since it was established! I don't know if I may ask the following question through you, Chairperson.

IsiZulu:

Inkomfa yabo inini? [Uhleko.] Laba bantu uma belapha eshashalazini basha amashushu kuhle kwehhashi liphethwe isimoliya. [Ubuwelewele.]

English:

In evaluating ...

The TEMPORARY CHAIRPERSON (Mr F Adams): Order, hon Sibande. Hon Sinclair? [Interjections.] Order, hon members! [Interjections.] Order!

Mr K A SINCLAIR: Hon Chairperson, on a point of order: I just want to indicate to the hon member speaking that hon Plaatjie said that if he attacked the hon Plaatjie, I had to respond on his behalf. [Laughter.]

The TEMPORARY CHAIRPERSON (Mr F Adams): Order! Take your seat, hon Sinclair. The hon Sibande may continue.

Mr M P SIBANDE: Chairperson, in evaluating the transition from apartheid 19 years ago, we can confidently articulate the fact that there has been a manifest change in the nature and structure of our society. Government's focus since the advent of our democracy has been to democratise governance and to improve the state's capacity to advance the objectives of reconstruction and development.

Since the dawn of our democracy the government has introduced successive mechanisms that have sought to create an inclusive and participatory democracy, which in turn has sought to promote an active citizenry. One of the ways that the government used to facilitate the above was izimbizo. Izimbizo provided an interactive forum between the government and the people. They afforded an opportunity for government to communicate its programme of action to the people and the progress made. They also afforded the public the opportunity to actively participate in programmes that enhance the conditions of their lives. They allowed them to voice their grievances and concerns, and they allowed them to advise government on its work. Therefore, Chairperson, ...

IsiZulu:

... lokhu wuphawu olubonisa ukuthi selokhu kwaphatha uKhongolose kunomehluko. Kufana nalo udaba oluphakanyiswe ngubaba yena lo obalekile mayelana namaphoyisa.

English:

There is quite a difference between the police nowadays and the previous police. We cannot take the Marikana issue ...

IsiZulu:

... uzogida ngayo la kanti ...

English:

... outside you are doing the opposite. Most of the time we are here in Parliament passing a Bill, they are the ones who say no to the Bill.

IsiZulu:

Umama laphaya emuva angakhohlwa ukuthi ...

English:

... this very ANC, which is the party that must claim Nelson Mandela – and not anybody else! – is the one that has liberated women, who are in the majority in that opposition party, unlike the Congress of the Boys Only, Cobo, ...

IsiZulu:

... le eke yaba khon aeNtshonalanga-Kapa, obaba bodwa. [Uhleko.] Ngakho-ke kumele sibakhumbuze.

English:

Institutions have been introduced to support democracy and manifest the government's commitment to public participatory governance. These institutions are found in Chapter 9 of the South African Constitution. Chapter 9 institutions play an investigative and administrative role and they are a real link between government and the people. They are obligated by the Constitution to be impartial when exercising their powers – without fear, favour or prejudice. These are accountable to Parliament and obligated to submit annual reports that describe their progress and the challenges experienced.

IsiZulu:

Kumele sibakhumbuze ukuthi ubuholi kuKhongolose abuqalanga ngoBaba uMandela kuphela. Sinabaholi abaningi. Uma bebefuna ukukhuluma iqiniso eliphelele okhethweni lonyaka ozayo abakhulume ngoBaba uMbeki kanye noBaba uMsholozi.

English:

This very Zuma, for your information, was amongst the four people who came into the country, risking their lives, before the Convention for a Democratic South Africa, Codesa, talks started – while it was still talks about talks. It brought talks to a level where you and I could be free in this country. But all the same, whatever is said about him remains negative.

Let me also convey a message that in this democracy ...

IsiZulu:

... kukhona izintatheli, Ngqongqoshe engingazi ukuthi zizithathaphi izindaba. Kufanele senze okuthile ngalokhu. Kule zinsuku ezedlule bezikhuluma ngoKhulubuse Zuma ...

English:

... as if South African soldiers were sent to the Central African Republic for the sake of protecting his property. They forgot one thing, that the ANC government is part of the Southern African Development Community, SADC, part of the Organisation of African Unity, now the African Union, and part of ... [Interjections.]

Let me remind you of where we are. The instruction does not come from the ANC directly, but from the United Nations, that the ANC should be part of this. [Interjections.] In the past we were so isolated, while you and other people were under conscription, shooting us in the townships. [Interjections.]

You forget one thing, that we were so lucky. We had a few whites, like Dr David Webster and Dr Günther Winkler, who tried to contribute very powerfully. They said they were resisting participation in conscription. They failed.

IsiZulu:

Ufanele ukuklewula, uhlahle amehlo sengathi yimbuzi iphekwe nezimpondo.[Uhleko.]

English:

The Office of the Auditor-General, for instance, has facilitated progressive outcomes to provincial government department audits. The office has reiterated its commitment to assisting auditees. The Minister of Co-operative Governance and Traditional Affairs, Cogta, in conjunction with the Office the Auditor-General, launched the Operation Clean Audit Campaign in July 2009. This campaign was launched to clean up governance and enhance service delivery at local and provincial government levels. Clean Audit 2014 is part of a four-legged process which comprises clean cities, towns, debt collection and public mobilisation and revenue enhancement, as well as infrastructure backlogs and economic development.

When the ANC talks about these developments, some people start to be very critical and say we mustn't refer to the past, while these things started in the past. Some of them participated in the tricameral system.

IsiZulu:

Abanamahloni! [Ubuwelewele.] Ngizocaphuna inkondlo kaMzwakhe Mbuli ethi "Ag sies, bayasinyanyisa". Akusho mina. [Uhleko.]

English:

The past 19 years are a reflection of promoting participatory democracy by establishing opportunities for the effective involvement and participation of men and women, the illiterate and the literate, the rural poor, the working class and people with disabilities, and other groups identified, so that they can get involved in a process of expressing themselves in relation to their basic conditions. Let me give an example. The ANC is the only government that has established a House of Traditional Leaders. It was recognised, while other people failed to recognise it.

The TEMPORARY CHAIRPERSON (Mr F Adams): Order! Will the hon member please wrap up?

Mr M P SIBANDE: In conclusion, I would like to thank you. Minister, please assist us, because in Pretoria, for example, and in some areas in the Western Cape, when we talked about changing names, they wanted those names to remain unchanged. Check exactly how much was spent on the monuments that there are in the Cape of Good Hope. In Pretoria only one name has changed, to Stanza Bopape – it is a crime. With some of the people around here it is alleged, and it is assumed, that they are contributing to the coffers of those people who are challenging the government in court. I thank you. [Applause.]

The MINISTER OF ECONOMIC DEVELOPMENT

UNREVISED HANSARD

NATIONAL COUNCIL OF PROVINCES

Tuesday, 23 April 2013 Take: 65

Mr M P SIBANDE

The TEMPORARY CHAIRPERSON (Mr F Adams): Order, hon members! I now call upon the hon Minister Patel to close the debate. [Interjections.] Hon members, please take your seats. Hon Sibande, please take your seat. Thank you.

The MINISTER OF ECONOMIC DEVELOPMENT: House Chair, in closing the debate I am struck by the enormous pride in our democracy that I have seen, broadly speaking, across party lines here today.

There were many moving stories from our history. The hon Sibande traced the roots of the colonial experience from the days of Van Riebeeck and, before him, Da Gama. MEC Qhoboshiyane invoked the spirit of Makana, when those who had the land fought those who wished to take the land. The hon Makunyane reminded us of the citizen-led assembly at Kliptown in 1955, when the Freedom Charter was adopted. The hon Abrahams told the story of the vote she cast in 1994. The hon Mabija brought in the gender dimension to the challenges that a democracy must address. Hon Gunda spoke about those who lost their lives in the struggle for freedom, and MEC Madikizela made the plea that they should not have lost their lives in vain. MEC Qabathe pointed to the founding mothers and fathers of this republic – the Sisulus, the Tambos, Chris Hani and Nelson Mandela – giants of the ANC and giants of our people. Councillor Manyoni pointed to the need for all of us, the generation of the free, to be proud South Africans and to build our country, a pride that has stretched across the different parties.

However, there was one discordant voice, that of the hon Plaatjie, who could only muster a litany of problems, failing to understand the progress we have made. I remind him of the comments of another member of the opposition, the hon Gunda, that leaders see solutions and followers see only problems.

He quoted Immanuel Kant and John Locke, political philosophers, and I remind him that political science has moved on greatly in the hundreds of years since they wrote!

He stated boldly that, "the majority of South Africans are unemployed." I remind him that as at 31 December 2012 there were 4,5 million unemployed persons. Using the ordinary definition of Statistics SA, that is 24,9% and that does not make a majority. There were 7,9 million people who were both discouraged workseekers and unemployed. Even if you take into account those who have given up looking for work, that is 34,9% and that is not a majority. There were 13,5 million South Africans who are actually in employment, and that is 64,1%. Yes, we need more jobs. Yes, we must also create opportunities for the millions who are looking for jobs. But, yes, let us also celebrate the achievements we have had in these years in building a democracy.

The hon Mabija took the debate into an important area, connecting the past struggles of democracy with the current challenges of democracy, and she pointed us to the youth and their importance. It is timely, because Freedom Day is the platform on which a range of activities take place that will culminate in those of 16 June. Young people have asked for the economic fruits of freedom to be shared with them – decent jobs, decent wages and decent livelihoods.

Democracy is about the identity of government, who governs, and about the role of government, what governance is about. It is not about a government that will retreat and let its people down, and say that things must be left only to the markets and the private sector. It is a government that has a role and a responsibility.

It is a government such as we have seen in Gauteng in this past financial year, which has taken on 7 986 young people in internships. On Saturday the premier of Gauteng also announced that an additional 300 opportunities would immediately be made available to young people, in her office and also deployed to the other departments of the Gauteng government. It is the kind of call we make to all the provinces, to take bold steps to bring young people into work experience and into employment.

However, the role of government does not come at the expense of the private sector, for the private sector has an important role to play too – to step up to the plate in order to help us address the enormous challenges of poverty, inequality and unemployment.

MEC Qabathe has reminded us of the importance of patriotism, of seeing this as our country and these challenges as our challenges, and what needs to be done as requiring partnerships.

In that context, the point was made by the hon MEC that South Africa is now a member of the Brazil, Russia, India, China and South Africa group, Brics, and this year we hosted an unusually important meeting, the summit of the Brics countries. We invited the president of the second biggest economy in the world, that of the People's Republic of China, on his first visit abroad, to come to our country and be part of this important meeting, together with the presidents of Russia and Brazil, the Prime Minister of India, and the President of the Republic of South Africa, in order to look at the challenges that the global economy imposes on those who are in the south and those who have historically had the difficult challenges of development.

They were looking at Africa itself, this powerful and important continent that has so often fed the world and provided it with minerals, but has not benefited from that. In that Brics engagement, our leadership, together with those of the other countries in Brics, made a commitment to our continent and to the citizens in the rest of Africa.

Cllr Manyoni has reminded us of the National Development Plan and its call for a social compact, which is a call for an active citizenry in order to achieve the vision of the society we want by 2030.

Each of these contributions has pointed to how we have used the democratic space to forge consensus, to build new policies and to deliver to our people. Each of the provincial representatives here today enumerated examples of what their administrations are doing, using the space of the democracy that we fought for, to build a better life for their people, for our people and for all South Africans.

Hon Makunyane said that the Constitution provides the space. We agree. It is then up to the people, to the citizens, to use that space.

The hon Sibande told us about the imbizo launched by government, listening to and hearing our people. It is visiting villages, townships and factories, listening to the poor and the dispossessed of our land, and acting on their needs. Sometimes it is not getting it right, sometimes not delivering what we need to deliver, but increasingly getting it right and increasingly providing the basic services that our people need.

That is what a democracy is about, that is what active citizenry is about, that is what we seek to celebrate and that is what this debate has been about today.

I think the contributions we have heard have on the whole been uplifting. Moreover, they have laid a solid basis on which we as South Africans, and members of both Houses of Parliament, can look forward to 27 April, remind ourselves of where we were in 1994 when we cast our votes, and say that over the next 12 months we will all, all South Africans from all the parties, celebrate the fruits of our freedom and the achievements of our democracy. Thank you.

The TEMPORARY CHAIRPERSON (Mr F Adams): Thank you very much, Minister. On behalf of the Chairperson of the NCOP and the Chief Whip of the Council, I would like to thank you for leading and participating in the debate. I think it was a very good debate, Minister.

That concludes the debate and the business of the day. The House is adjourned.

Debate concluded.

The Council adjourned at 16:36.


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