Hansard: Second Reading debate: Spatial Planning and Land Use Management Bill

House: National Assembly

Date of Meeting: 25 Feb 2013

Summary

No summary available.


Minutes

TUESDAY, 26 FEBRUARY 2013

____

PROCEEDINGS OF THE NATIONAL ASSEMBLY

____

The House met at 14:03.

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

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

NOTICES OF MOTION

Ms M N PHALISO: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House debates continuing and strengthening the fight against all forms of discrimination which are threats to social cohesion and nation-building.

I thank you.

Ms A M DREYER: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:

That the House debates the constitutionality of the National Key Points Act, Act 102 of 1980.

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

That the House debates the delay and failure of Government to eradicate the bucket system.

Mr V V MAGAGULA: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House debates increasing the capacity of the state to ensure the acceleration of the implementation of the comprehensive social security.

I thank you. [Applause.]

Mr S MOKGALAPA: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:

That the House debates the under-spending of the Human Settlements Development Grant and its impact on the delivery of quality housing and comes up with solutions.

Mrs H S MSWELI: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:

That the House debates the provincial administrations' apparent negligence in failing to pay essential services medical professionals' incentives in rural areas, resulting in rural medical facilities now being understaffed.

Mr X MABASA: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House debates expanding the opportunities for sustainable livelihoods through support for co-operatives and micro enterprises.

I thank you. [Applause.]

Mrs J D KILIAN: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of Cope:

That the House debates the crisis in the communications portfolio under Minister Dina Pule and its implications for job creation and a growing economy.

Mr T BONHOMME: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House debates the vital importance of ward committees and community participation in ensuring that municipalities function effectively.

I thank you. [Applause.]

Mr J H VAN DER MERWE: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:

That the House debates the public utterances by Ministers that persons who break the law will not be prosecuted.

Mrs N F MATHIBELA: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House debates ensuring energy security and promoting clean and renewable sources of energy supply.

I thank you. [Applause.]

CONDOLENCES ON DEATH OF MS PHYLLIS NAIDOO

(Draft Resolution)

The ACTING DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:

That the House –

(1) notes that on 15 February 2013, struggle veteran and author Phyllis Naidoo died of heart failure at Chief Albert Luthuli Hospital at the age of 85;

(2) further notes that Phyllis Naidoo and her husband helped fellow activists to leave the country and were banned by the apartheid government in 1966;

(3) recalls that, after getting advice from Chief Albert Luthuli in 1957 that the South African constitution did not allow her to form an African National Congress (ANC) branch in the then non-European section of Natal University, she then promptly formed a human rights committee to feed ANC activists who were banished to remote rural areas of Natal;

(4) further recalls that in 1977, Ms Naidoo escaped to Lesotho where she was involved in welfare work and assisted the ANC and SACP, after which she moved to Zimbabwe in 1983 and only returned to South Africa in 1990;

(5) acknowledges that while she was placed under house arrest, she studied and qualified as an attorney, and that her partnership with ANC activist Archie Gumede helped to employ many activists who had been released from Robben Island;

(6) further acknowledges that Naidoo wrote 7 books, including the Footsteps series and Le rona re batho: an account of the 1982 Maseru Massacre; and

(7) extends its condolences to her family, friends and comrades.

Agreed to.

MISS INDIA SOUTH AFRICA INTERNATIONAL WINNER MESHELLE NAIDOO

(Draft Resolution)

Mrs S V KALYAN: Hon Speaker, I move without notice:

That the House -

(1) notes that a young lady from KwaDukuza, KwaZulu-Natal, Ms Meshalle Naidoo, was crowned as Miss India South Africa International on 12 January 2013;

(2) further notes that Meshalle will represent South Africa at the Indian Princess International which will be held in Mumbai, India in March; and

(3) congratulates Ms Meshalle Naidoo and wishes her well with her participation and as an advocate of gender rights.

Agreed to.

CONDOLENCES ON DEATH OF AMINA CACHALIA

(Draft Resolution)

The ACTING DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:

That the House -

(1) notes that on 31 January 2013, struggle veteran and political activist Amina Cachalia died of heart failure at Chief Albert Luthuli Hospital at the age of 82;

(2) further notes that Ms Cachalia came from a fiercely political family and fully dedicated her life to the emancipation of all oppressed people in South Africa;

(3) recalls that she was a trustee of the Mandela Children's Fund, member of the Finance Committee of the National Women's League as well as a recipient of the Presidential National Order of Luthuli in recognition of her life spent fighting for freedom and democracy;

(4) further recalls that her political activism saw her take on many leading roles as a member of the Transvaal Indian Youth Congress and Transvaal Indian Congress ― treasurer of FEDSAW and patron of the Federation of Transvaal Women, among others;

(5) acknowledges that she had several stints in prison such as when she was arrested during the 1952 Defiance Campaign and also participated in the 1956 Women's March against pass laws, becoming a banned person at various stages; and

(6) extends its heartfelt condolences to the family, friends and comrades.

Agreed to.

SEVEN SOUTH AFRICANS SELECTED AS JUDGES AT CANNES LIONS INTERNATIONAL FESTIVAL OF CREATIVITY

(Draft Resolution)

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

That the House –

(1) notes that seven South Africans have been chosen by Cinemark, the local representative of the Cannes Lions International Festival of Creativity, to judge this year's awards across various categories at the 60th annual festival;

(2) further notes that the names of the chosen judges are Mr Alistair King, Mr Paul Warner, Ms Fran Luckin, Mr Justin Gomes, Mr John Davenport, Mr Mike Schalit and Ms Joanne Thomas;

(3) recognises that over 11 000 delegates from 95 countries will attend the 60th Cannes Lions International Festival of Creativity from 16 to 22 June 2013;

(4) acknowledges the contribution that South Africa continues to make globally within the creative, advertising and film industries;

(5) further acknowledges that South Africa continues to grow locally in these fields and in its contribution to job creation; and

(6) congratulates the seven South African judges on their election.

Agreed to.

INTERNATIONAL WOMEN'S DAY

(Draft Resolution)

The ACTING DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:

That the House -

(1) notes that each year, International Women's Day, originally called "International Working Women's Day" is celebrated on March 8;

(2) further notes that thousands of events occur, not just on this day, but throughout March to mark the economic, political and social achievements of women; and

(3) calls on Government and all citizens to observe this day and reflect on the extraordinary accomplishments of women in shaping the country's history.

Agreed to.

PROTEAS' VICTORY OVER PAKISTAN

(Draft Resolution)

The ACTING DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:

That the House -

(1) notes that the South African cricket team, the Proteas, completed what captain Graeme Smith described as "a special summer" when they beat Pakistan by an innings and 18 runs on the third day of the third and final test on 24 February 2013;

(2) further notes that this was South Africa's sixth successive win and extended their unbeaten run to 15 matches;

(3) acknowledges that recent successive series wins away and five wins at home resulted in South Africa stretching their lead at the top of the International Cricket Council Test rankings;

(4) further acknowledges that captain Graeme Smith also became the first man to achieve 50 test wins as a captain; and

(5) congratulates the Proteas on this amazing performance.

Agreed to.

The SPEAKER: Hon Deputy Chief Whip, congratulations on your knowledge of the game of cricket. [Applause.]

RE-ESTABLISHMENT OF AD HOC COMMITTEE ON PROTECTION OF STATE INFORMATION BILL

(Draft Resolution)

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

That the House –

(1) notes that –

(a) the Protection of State Information Bill [B 6B – 2010] was passed, subject to amendments, by the National Council of Provinces on 29 November 2012;

(b) Rule 270(1) requires that the Speaker must refer the Bill, together with the proposed amendments by the National Council of Provinces, to the portfolio committee concerned or to any other appropriate Assembly committee for report and recommendations;

(c) the Ad Hoc Committee on the Protection of Information Bill was the appropriate Assembly committee that originally considered the Bill; and

(d) the Ad Hoc Committee on the Protection of Information Bill had ceased to exist on 18 November 2011, after it completed its task for which it was established and reported to the Assembly;

(2) re-establishes the Ad Hoc Committee on the Protection of Information Bill with the same composition and powers as its predecessor (Minutes of Proceedings, 18 March 2010, p 516);

(3) instructs the committee to consider the Bill in terms of Rule 270 and to incorporate in its work the proceedings and all the work of the previous committee up to and including 18 November 2011; and

(4) sets the deadline by which the committee must report at 20 June 2013.

Agreed to.

ACKNOWLEDGING PRESENCE OF MEMBERS OF UNIVERSITY OF VENDA

(Announcement)

The SPEAKER: Before we move on to members' statements, I have an announcement to make. I wish to acknowledge the presence in the gallery of the cabinet members, whips and presiding officers of the Youth Parliament and the Students' Representative Council, SRC, of the University of Venda in Limpopo province. [Applause.] They are visiting Parliament to observe and study how the national Parliament operates, for purposes of benchmarking. You could not have come to a better Parliament for that one, hon members. Welcome! [Applause.]

EMPLOYMENT OF CHIEF EXECUTIVE OFFICERS TO IMPROVE MANAGEMENT OF

HOSPITALS

(Member's Statement)

Ms M J SEGALE-DISWAI (ANC): Speaker, the ANC welcomes the government's initiative to improve the management of hospitals, as well as measures that are being put in place to employ qualified chief executive officers.

Further, the ANC believes that the appointment of 102 new hospital CEOs is a step in the right direction. This will help to overhaul and improve the public health system in accordance with the 10-point plan of the national Department of Health, which highlights a need to provide strategic leadership, overhaul the health care system and improve management as well as human resources planning, development and management.

The CEOs from central, tertiary, regional and district hospitals have already commenced work in their new positions on 1 February 2013, with the full support of the Academy for Leadership and Management in the health sector.

This initiative shows that the ANC remains committed to addressing the challenges of leadership in public health institutions, as this will ensure efficient hospitals and the services they provide. I thank you.

ALLEGATIONS OF WATER SUPPLY SABOTAGE IN TLOKWE MUNICIPALITY

(Member's Statement)

Mr J H STEENHUISEN (DA): Speaker, in the ANC majority but DA-governed Tlokwe Municipality in the North West province residents have been left without water since Sunday. The DA mayor and MMCs have worked tirelessly to ensure the deployment of water tankers to deliver potable water to residents.

However, this begs the obvious question: Why the sudden unexplained disruption in the water supply system? Initially, investigations revealed that foul play was the order of the day. Though investigations are ongoing, we have reason to suspect sabotage.

The newspapers are filled on a daily basis by the dirty tricks the desperate ANC factions play on each other. They get up to stuff that would have made even Richard Nixon blush. If this is indeed the case, then we will pursue this act of sabotage under the Protection of Constitutional Democracy against Terrorist and Related Activities Act.

CRISIS FACED BY SABC BOARD

(Member's Statement)

Mrs J D KILIAN (Cope): Speaker, the cancellation, late last night, of the meeting of the Portfolio Committee on Communications that was scheduled for this morning cannot be ignored. The reason advanced was that documents were not tabled on time.

However, some of us know better. It is because the SABC board is again facing a huge crisis. In fact, the entire Communications portfolio, under Minister Dina Pule, is in total disarray, mainly as a result of the meddling in the affairs of the Department of Communications by Lutuli House, or is it Tuynhuys?

Who benefits most from a dysfunctional SABC, where good governance practices are flouted with impunity? Only the ruling party and their inner circle, including the Gupta family, who will now run the 24-hour news channel after the SABC could not convince the Minister of Finance that they had the money and the people to do so.

Six board members have so far resigned since 2010 and only one of the three executive positions was filled. It is evident that the time has come for the SABC to be placed under administration. Cope is calling for that because the endemic problems cannot be resolved with a cut-and-paste approach. The pussyfooting of this Parliament and the Portfolio Committee on Communications over the past two years shows that very clearly.

We need to bring in broadcasting and management professionals, not puppets of Luthuli House. They should restore the professional ethics and management structures of the once proud public broadcaster. I thank you.

SIGNING OF PEACE DEAL BY 11 COUNTRIES

(Member's Statement)

Ms L JACOBUS (ANC): Speaker, the ANC welcomes the signing of a peace deal by 11 countries from the Great Lakes region and Southern Africa on Sunday, 24 February 2013, at the African Union's headquarters in Addis Ababa. This deal is aimed at ending decades of conflict in the Democratic Republic of the Congo, DRC, under the auspices of the United Nations, the African Union, the region of the Great Lakes and the Southern African Development Community, SADC.

This accord calls for, amongst others, countries in the region to refrain from interfering in the internal affairs of neighbouring countries and structurally to reform institutions in the DRC, as well as to discourage neighbouring countries from supporting or providing assistance to armed groupings in the region.

The ANC views this effort as a step in the right direction as it marks the beginning of the process that will lead to peace, stability and prosperity in the region. This can only work towards improving the lives of people in the region and the development of a better Africa and a better world, one without hunger, disease, conflict and underdevelopment.

The ANC calls on all parties involved to spare no energy in their efforts to ensure that the peace accord is implemented and brings lasting solutions to the situation in the DRC. Thank you.

CELEBRATION OF THE VAN DER MERWES

(Member's Statement)

Mr J H VAN DER MERWE (IFP): Speaker, this coming weekend there will be a huge feast near Paarl - a very historic and unique event. Thousands of Van der Merwes will gather there to celebrate being the number one family in South Africa.

I am proud to announce that both Van der Merwes currently serving in this House, myself and the beautiful Liezl van der Merwe, will be there to add glory to this historic occasion.

The SPEAKER: Why do you discriminate against the other Van der Merwe?

Mr J H VAN DER MERWE: Speaker, I forgot the other beautiful Van der Merwe, Sue. If we don't invite her, she will sue us.

The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Speaker, on a point of order: Is it parliamentary to tell Van der Merwe jokes in the Chamber?

The SPEAKER: Those are Van der Merwe jokes. It is understood.

POOR OR NONEXISTENT SERVICE DELIVERY BY THE ANC

(Member's Statement)

Mr J J MCGLUWA (ID): Speaker, President Zuma and ANC leaders visited Tlokwe in the North West to discuss numerous problems. Under the ANC, residents became used to poor or the nonexistence of service delivery.

One hundred community residential units were built in Ikageng. Last August Minister Sexwale went to hand them over to the anticipating community members. And when I asked why, after I had noticed that they were empty, the answer was that the ANC government forgot to connect them to water and sanitation.

Die Ouditeur-generaal het bevind dat Tlokwe-munisipaliteit in die boekjaar 2011-12, onder ANC-beheer, R143 miljoen onreëlmatig bestee het. (Translation of Afrikaans paragraph follows.)

[The Auditor-General found that the municipality of Tlokwe, under ANC rule, spent R143 million irregularly in the 2011-12 financial year.]

In Nqaka Modiri Molema District Municipality people sleep outside the traffic department's office to queue for a learner's and driver's licence appointment.

In Ottosdal, Sannieshof en Delareyville the absence of water is the norm. In Atameleng, close to Delareyville, the community ran out of water for six months without any sabotage taking place. The reason is simply incompetency.

Dit is maar 'n paar voorbeelde. Politieke onverdraagsaamheid, korrupsie en binnegevegte in die ANC hou dienslewering terug. Ek dank u. (Translation of Afrikaans paragraph follows.)

[These are but a few examples. Political intolerance, corruption and infighting within the ANC deter service delivery. I thank you.]

PROGRESS IN MATRIC RESULTS

(Member's Statement)

Mrs H H MALGAS (ANC): Speaker, the ANC congratulates government for the continuous, consistent and seamless upward trend in the improvement of the matric results as well as the sterling performance of the class of 2012. The performance of the matriculants has been consistently improving for the past four years.

The ANC believes that it is through collective efforts by learners, teachers, parents, civil society bodies and teacher unions that our country continues to improve learner performance throughout the schooling system.

However, the results for 2012 also indicate that much more still needs to be done to overcome the challenges we face in education. Therefore, given that education is a societal issue, we urge parents and the communities to continuously participate in the day-to-day development of children and to ensure the success of their schools.

The ANC commits itself to continuously improving teaching and learning environments in schools. It still reiterates that teachers must be in school, in class, on time, teaching for at least seven hours a day, and calls on learners to dedicate themselves to their studies so that they can become productive members of society.

We, the ANC, welcome this progress in matric results. I thank you, Mr Speaker. [Applause.]

FEAR OF REPORTING RAPE

(Member's Statement)

Rev K R J MESHOE (ACDP): Speaker, on Sunday after our church service, a young lady with a one-month-old baby in her arms came to ask for prayer. She told my wife that she was raped by a young man visiting their neighbour. When she was asked whether she reported the matter to the police, she said that her mother advised her against reporting it because she was afraid that the rapist would come back to kill them after his release on bail.

Thousands of victims of rape in our country have similar stories to tell. They are afraid to open cases against their abusers, who always threaten to kill them if they report their crimes. As a result, and according to the Medical Research Council's latest report, only 1 in 25 women in Gauteng report rape, which is shameful.

Last year, the Independent Police Investigative Directorate informed the Portfolio Committee on Police that about 35% of the complaints they receive from the public are about the failure of the SA Police Service, SAPS, to arrest perpetrators of violence and abuse. Why should our people be told to report criminal activities when, in some cases, the police allegedly refuse to open cases? Why should they be told to blow the whistle on crime and corruption when the state fails to protect whistleblowers or apprehend perpetrators of crime?

In the Northern Cape a woman who asked for a lift home from a policeman, thinking she would arrive home safely, was raped by the same policeman, whom she trusted.

According to the Police Minister, in the financial year 2011-2012, 91 SAPS members were charged with rape. Where should our people go for help if they cannot turn to the police? When will these crimes committed by members of the SAPS come to an end?

The ACDP appeals to the Minister of Police urgently to deal with criminals who are hiding behind police uniforms, and to use all the available resources to prioritise restoring public confidence in the police before South Africa turns into a lawless republic. Thank you. [Applause.]

ALIGNMENT OF BUDGET WITH NATIONAL DEVELOPMENT PLAN

(Member's Statement)

Mr D C ROSS (DA): Speaker, last week South Africa was let down by President Zuma's directionless state of the nation address that paid lip service to the National Development Plan, NDP, and provided little or no detail on the implementation of its key proposals.

Tomorrow, the Minister of Finance, Mr Gordhan, has a chance to table a brave budget that is aligned with the NDP and can start to rebuild confidence in our economy. In this year's budget, we believe that the Minister of Finance needs to deal directly with the key issues undermining South Africa's growth potential and, as such, the capacity of our economy to create jobs and support economic redress.

International rating agencies have highlighted three key concerns about the resilience of our economy that Minister Gordhan will have to tackle head-on. First and foremost, Minister Gordhan must commit to reforms to rebuild the institutional capacity of government to create an environment that is conducive to economic growth.

In accordance with the NDP, the Minister must start by implementing the core proposals such as the Youth Wage Subsidy. Secondly, he must commit government to substantive debt reductions. Running deficits when the economy is weak is a sound economic strategy provided the money goes into infrastructure and other assets that will boost growth in the longer term.

Thirdly, he must convince investors that government has a plan to boost economic growth and scale up actual spending on infrastructure. Both the NDP and the DA's plan for growth and jobs have strong focus on the necessity to increase spending on infrastructure to levels where we can shrink the R1,5 trillion maintenance backlog in infrastructure, which is critical to growth.

This year must be the year for implementation. The critical challenges facing the South African economy cannot be addressed by making more hollow promises. If we are to restore confidence in the economy, boost economic growth and reduce unemployment, government must focus on radically improving implementation in all spheres of government. Thank you, Speaker. [Time expired.] [Applause.]

NEW BUSES FOR FREE STATE FARM SCHOOL PUPILS

(Member's Statement)

Ms M M MOHOROSI (ANC): Speaker, the ANC welcomes the initiative by the Department of Education in the Free State province for making funds available to improve scholar transport by buying new buses for farm schools across the province. Learners at a farm school outside Bothaville in the Free State will no longer have to get up at about four in the morning to get to school on time. The children at Bo Vaal Combined School were excited at the prospect of their school receiving a brand-new school bus from the province's Department of Education last week.

Hon Speaker, the school has about 200 pupils and most of them live on neighbouring farms in the area. Daily some travel about 12 km to school. The school's old bus was neither reliable nor large enough to transport all the pupils, and if they wanted to get to school on time, they had to wake up early to queue at the bus stop. The pupils complained about overloading and said that they sometimes left school late because the bus had to deliver those living on faraway farms first.

As the ANC, we always believe that the provision and acquiring of education is essential and the lack of transport ... [Time expired.] Thank you, Speaker. [Applause.]

BUYING FLOWERS ON VALENTINE'S DAY CONDEMNED

(Member's Statement)

Mr M HLENGWA (IFP): Hon Speaker, it is cause for concern that the Deputy Minister of Public Works, Mr Jeremy Cronin, attacked Prince Mangosuthu Buthelezi when he went out to buy flowers in Adderley Street. Events such as the state of the nation address should not impact negatively on local businesses and, as Prince Buthelezi showed, being a leader means promoting local businesses through your wallet.

Mr Cronin clearly walks the route of ignorance and has not internalised the hardship and poverty of our people. Even the Speaker has thanked Prince Buthelezi for his action.

Through the comments he expressed on this issue, Mr Cronin has shown that he is a communist by name and a yellow communist by lifestyle, as his lavish living in Rondebosch has separated him from the needs of our people on the ground. [Laughter.]

If he had taken the time to meet the flower sellers and hear their issues, he would have understood that selling flowers is their livelihood and that they rely on Valentine's Day to boost their businesses and create a better life for themselves and their families. [Applause.] They did not need to be impeded by a government that claims to be on their side.

Mr E M SOGONI: Hon Speaker, on a point of order: The hon member is attacking the person and not addressing the issue and, therefore, he is out of order.

The SPEAKER: Please take your seat, hon member.

Mr M HLENGWA: May I proceed, Speaker?

The SPEAKER: Yes, proceed and conclude.

Mr M HLENGWA: Hon Speaker, I would like to then ask the Deputy Minister: Where is your draft speech on Nkandla, or could it be that the hierarchy of the ANC has told you not to deliver it? I suppose they have, because if you, as part of the SACP, are here untried and untested by the electorate, you will always receive those instructions. [Applause.]

BUDGET TO INSTILL BUSINESS CONFIDENCE AND POSITIVE DOMESTIC SENTIMENT

(Member's Statement)

Mr N J J KOORNHOF (COPE): Speaker, tomorrow the Finance Minister will tell South Africans what he will do with more than R1 trillion in taxpayers' money. It will be his task to convince taxpayers and the foreign investors that the money will be spent wisely. If he fails, business confidence and positive domestic sentiment will not return, and so, no jobs.

One of the reasons given by the credit rating agencies why it was necessary to downgrade South Africa was concerns about future political stability. We may argue that they are overreacting, but this issue needs to be addressed. When ordinary citizens who are poor get the feeling that they have lost connectivity with the economic environment, that they have lost their ability to engage the economy and that they have accepted that they will remain poor, then it is dangerous and fuel for political instability.

Nigeria has successfully avoided this situation. They are growing, creating jobs and they just might top us as the largest economy on this continent.

Tomorrow's budget must give hope to ordinary South Africans that the can better their position in an economic environment that also cares for them. That is the challenge.

ALLEGATIONS OF FRAUDULENT ACTIONS BY DA COUNCILLORS

(Member's Statement)

Ms L N MOSS (ANC): Hon Speaker, our forensic investigation into allegations of abuse of travelling and accommodation claims, entertainment of guests and the use and buying of vehicles by DA councillors reveals a host of fraudulent acts and false documentation committed by Van der Westhuizen, Fischer and Niehaus.

The Neural Network Software, NNS, forensic report found that Van der Westhuizen and Niehaus committed fraud and forgery, breached the Municipal Finance Management Act, acted dishonestly and breached the code of conduct for councillors. Fischer abused his position, breached policies and procedures and failed to act in the best interest of the municipality.

The report recommended that the municipality proceeds with internal misconduct proceedings against Van der Westhuizen, Fischer and Niehaus and lodge criminal complaints with the SAPS against Van Der Westhuizen and Niehaus.

The DA is yet to take any action on these issues. They are experts at finger-pointing at others, with their condescending tones, but when the fingers are pointed at them, it seems that they are silent. [Applause.]

NONIMPLEMENTATION OF PUBLIC PROTECTOR'S RECOMMENDATIONS

(Member's Statement)

Mr M S F DE FREITAS (DA): Speaker, in April 2012 the Public Protector released a report entitled Unconscionable Delay. The report was about the allegations of abuse of power and maladministration in the Department of Home Affairs. The application referred to in the report remains pending.

Instead of dealing with the recommendations by the Public Protector, the department chose to use legal action against the applicant. The Public Protector found that the Department of Home Affairs' failure to resolve this matter amounts to maladministration and a contravention of the Constitution.

The then Minister, Minister Dlamini-Zuma, failed to respond to the Public Protector. The Public Protector had instructed remedial actions to be taken on this matter by 24 May 2012. This was not done. In November 2012 the new Minister, Minister Pandor, again rejected this application.

This means more delays and hefty legal costs to the department. This is unacceptable and we call on the Minister to explain to this House why the Public Protector's recommendations have not yet been implemented. Thank you, Speaker.

CONCERN OVER EXTENDED PRESIDENTIAL CONVOY

(Member's Statement)

Mr J R B LORIMER (DA): Mr Speaker, during the years of apartheid, when the state was the target of an armed campaign waged by uMkhonto weSizwe, President P W Botha, the supreme Socratic, used to travel to Parliament in a three-car convoy.

Nowadays, one can see a presidential convoy of up to 13 vehicles on the streets of Cape Town. So it is during the opening of Parliament. Security is of North Korean proportions.

Why is this happening in a country that is supposed to be a democracy that is at peace? It seems there is one of two explanations. Either South Africa today faces a massive security threat that doffs everything that has happened in our past, in which case the government has a duty to share knowledge of such a threat with its citizens, or uMkhonto weSizwe was ineffective. But its myth is kept alive today by the ANC in an attempt to try to prove that those of its members who were in exile freed this country rather than tell the truth, which is that the people of this country - those who were inside the country - made apartheid unworkable. Will the ANC tell us which is the case?

CONCERN OVER EXTENDED PRESIDENTIAL CONVOY

ALIGNMENT OF BUDGET WITH NATIONAL DEVELOPMENT PLAN

BUDGET TO INSTILL BUSINESS CONFIDENCE AND POSITIVE DOMESTIC SENTIMENT

(Minister's Response)

The MINISTER IN THE PRESIDENCY ― NATIONAL PLANNING COMMISSION: I am not the Minister of Finance, Mr Speaker. In respect of what the hon Lorimer has just said, he doesn't know what brought down apartheid, because he was on the other side. Ask us, we bear the scars, and he was on the other side. He has no right to claim responsibility for something he did not do. Until he has earned that right, he should shut his mouth and that should keep ... [Inaudible.] ... out of the House now.

Let me also deal with hon Ross, and add hon Koornhof to that. If you want to pass a budget and to implement the policies of your party, there is a necessary step you should follow, which is to win elections. I am saying to the DA and Cope, it will not happen in your lifetime or mine. You have to win the election first before you earn that right. It is a right earned in a democracy. Thank you very much. [Applause.]

BUYING FLOWERS ON VALENTINE'S DAY CONDEMNED

(Minister's Response)

The DEPUTY MINISTER OF PUBLIC WORKS: Mr Speaker, I'm really pleased to hear from the hon member of the IFP that what the leader of his party was doing was supporting small business in Cape Town by buying flowers on Valentine's Day. I think it is very commendable and I had no intention of criticising that noble act. I think it is good that we add that because we are able, as the ANC, to indicate the vast amount of things that we've been doing to support small business, build infrastructure and do a whole range of things. It's good to know that the IFP has also made a contribution, that of 15 bouquets of flowers, to the New Growth Path and development of South Africa. [Applause.]

The hon member obviously completely missed the point of what I said. By the way, I don't live in Rondebosch, but for security reasons, I'm not going to tell the IFP where I live. [Laughter.] It is an old habit, which may now be outdated but, certainly, back in the day, it was important not to reveal to the IFP where one lived.

The point of the gentle criticism I was making to the leader of your party was that he completely missed one of the key points that the President was making in the course of the state of the nation address. It was not about flowers. It was that, in the course of the state of nation address, he condemned – as the ANC does – the use of violence, the burning down of property, the killing of people in the course of strikes and other protests. That is what he said.

The leader of your party came out of the state of the nation address and told the public broadcaster that the President had failed to say anything of the sort. The key point I suggested is that the leader of the party should consider the Pope Benedict XVI option, and I would like to repeat that suggestion. [Applause.]

FEAR OF REPORTING RAPE

ALLEGATIONS OF FRAUDULENT ACTIONS BY DA COUNCILLORS

(Minister's Response)

The DEPUTY MINISTER OF POLICE: Sepikara, ke a leboha. Ntate moruti, ke kopa ho bua Sesotho hore re tle re utlwane. [Speaker, I thank you. Reverend, I ask for permission to speak in Sesotho so that we can understand each other.]

Rape is a very serious offence. We do not have to make a joke out of it. I am sure that when that poor girl saw a Member of Parliament ...

... ntate moruti, o ne a nahana hore o tla fumana thuso, [... Reverend, she thought that she would find assistance ...]

... because, as a Member of Parliament, it is your responsibility to give people the information about what is the next step to take if they do not get assistance from the police. But you failed to do that for the poor victim.

Secondly, if you listened attentively to our latest statistics, you would know we had more than 800 police officers within the system who were arrested for wrongdoing and their cases are still on. Therefore ...

... Ke nahana hore rona re le ... [... I think that we have ...] [Interjections.]

Members of Parliament, we think that the issue of fighting crime is a government issue. It is not only a government issue, but it is the issue of all of us, including you, Reverend.

Thirdly, on the issue of the abuse of state resources, which is the motion raised by Linda Moss ...

Maak seker jou eie huis is skoon voordat jy die vinger wys na ander mense. [Be certain that your own house is in order before pointing fingers at other people.] [Applause.]

NONIMPLEMENTATION OF PUBLIC PROTECTOR'S RECOMMENDATIONS

(Minister's Response)

TONA YA LEFAPHA LA MERERO YA TSA SELEGAE: Mmusakgotla, ke batla go simolola ka go kopa thuso ya gago. Re boleletswe re le Ditona ke Motlatsa-Moporesitente gore re leke go tla Palamenteng go tla go araba fa Maloko a Palamente a dira dipolelo ka tsamaiso ya tiro ya Palamente.

Jaanong, fa motho a buisa tsamaiso eo, ga twe puo e e tswang mo malokong e tshwanetse go amana le tiro ya Ditona, fela bangwe ba ntsha dilo tse dintsi. Ba bangwe ba bua ka go ya toropong go ya go reka malomo, ga ke itse gore seo se amana jang le tiro ya Ditona. [Setshego.] Jaanong, ke kopa gore o re thuse gore mongwe le mongwe a tsepame mo tirong e re boleletsweng gore e tlile go dirwa mo Ntlong e.

Mmusakgotla, ga ke kgone go araba motho yo o ileng kwa Mosireletsing wa Setšhaba. Ga se selo se nka se tlhagisang mo Ntlong e ka gore ke tiro e re sa ntseng re e dira le babueledi ba re dirang le bona mo lefapheng le ke dirang mo go lona. Ke batla gore leloko le le tlotlegang le le buileng ka se se dirisanang le tsa selegae, le itse gore ke tiro e re sa ntseng re mekamekane le yona, e re tla e dirang sentle fela fa motho a tla mo lefapheng la me, a tlisa pampiri e e tladitsweng sentle, a batla se re ka mo thusang ka sona re le Lefapha la Merero ya tsa Selegae, re tla mo thusa. Mme fa a tla fela a re, "Ke sa me, mpheng mpheng." Ga nkitla ke kgona. Ga ke batle go bua ka seo gompieno.

Sa bofelo, ke batla gore go se ka ga buiwa fa e kete DA e ne e lekana le ANC mo Tlokwe. Re le baetapele ba ANC, re ne ra ya kwa Tlokwe go ya go baakanya dilo tsa rona. E bile, re tlile go busa sentle kwa Tlokweng. DA ga e ne e busa koo. E se ka ya tla e kete e lekana le rona. Ke a leboga. [Legofi.] (Translation of Setswana paragraphs follows.)

[The MINISTER OF HOME AFFAIRS: Speaker, allow me to begin by asking for your guidance on this issue. The Deputy President has asked all of us Ministers at all times to ensure that we attend parliamentary sessions, so that we can be able to respond to statements made by the hon members in relation to the procedures of Parliament.

The parliamentary rules state that questions directed to the Ministers must be in relation to the work done by their departments; however, these rules are not adhered to. Some hon members mention irrelevant things which are not in line with the work done by the Ministers. [Laughter.]. I therefore request your guidance in ensuring that hon members stick to the rules which apply to this House.

Speaker, I cannot comment on the issues that have been referred to the Public Protector. It is not ethical to comment on such issues because we are at the moment in consultation with our lawyers in order to get the relevant legal advice on how to deal with such matters. However, I would like to inform the member that has raised the issue which involves the Home Affairs department that this is something which we are dealing with at the moment, and it will be fully resolved once this person brings a formal written request to the department. However, if a person only comes with a list of unsupported claims, we will not be of much assistance. But I do not want to talk about such issues today.

Lastly, I want us not to talk as if the DA command the same respect as the ANC in Tlokwe. As the leadership of the ANC, we went to Tlokwe in order to solve our own matters, and from now on we are going to govern Tlokwe correctly. The DA will never govern there, and it must not put itself on equal standing with the ANC. Thank you.] [Applause.]

ALLEGATIONS OF WATER SUPPLY SABOTAGE IN TLOKWE MUNICIPALITY

SIGNING OF PEACE DEAL BY 11 COUNTRIES

(Minister's Response)

The MINISTER OF STATE SECURITY: Hon Speaker, firstly, I just want to respond to the member about Tlokwe. It's a pity that the DA now knows that they had failed their hijacking stance in Tlokwe. They are thinking about conspiracy, because they are not focusing on governance; instead they are focusing on how to spend time in courts of law rather than delivering services to people.

Let me welcome the motion by hon Loretta Jacobus about the signing of the Democratic Republic of the Congo, DRC, peace deal. This was a very important event. It is in line with the ANC's policy and the policy of the government of South Africa of noninterference in solving and signing international disputes by means of dialogue rather than war.

As part of the Southern African Development Community, SADC, and in particular as part of the SADC Troika, where we are working with Namibia and Tanzania as our share and also led by the share of the SADC and Mozambique, our South African government had been extremely and deeply involved in all efforts to restore lasting peace in our member state, the DRC.

We have been working with the United Nations, the African Union and the International Conference on the Great Lakes states in trying to achieve this peace. We will continue with our efforts for peace in the rest of Africa and other African countries, as well as in our region, in Zimbabwe in particular. We will continue with our efforts for peace in Madagascar, Somalia, Sudan and South Sudan, the Central African Republic, Guinea-Bissau and Mali in West Africa as well as Libya in North Africa. We will also continue to try to restore peace for the people of Western Sahara. I thank you very much, hon Speaker. [Applause.]

CRISIS FACED BY SABC BOARD

ALLEGATIONS OF WATER SUPPLY SABOTAGE IN TLOKWE MUNICIPALITY

(Minister's Response)

The DEPUTY MINISTER OF COMMUNICATIONS: Hon Speaker, I want to respond to a few questions raised in the statement by hon Kilian. Firstly, I want to tell the whole House that ... [Interjections.] Shut up when I talk! [Interjections.]

Mr D A KGANARE: Hon Speaker, on a point of order: Is it parliamentary for the hon Deputy Minister, especially as she is the Deputy Minister of Communications, to tell another Member of Parliament to shut up?

The SPEAKER: Hon Deputy Minister, it is clear and you know that that is not parliamentary. Please, withdraw that remark and continue after withdrawing.

The DEPUTY MINISTER OF COMMUNICATIONS: Speaker, I withdraw it.

I want to state to the members of the House that the Portfolio Committee on Communications has a standing rule that if any of its stakeholders did not submit documentation on time, they cannot come and make a presentation to the portfolio committee. Therefore, the postponement of today's meeting with South African Broadcasting Corporation, the SABC, is in line with that decision; if you have forgotten that, hon Kilian.

Secondly, hon Kilian, as the department, we cannot at any point feel that we are at fault when the majority of this country decide to vote and become members of the ANC. You are complaining about the broader representation of ANC members on the SABC board.

Lastly, I appreciate the fact that you are concerned about the challenges that are faced by the SABC board, together with its management. I want to assure you that, as the department, we are attending to them. We are attending to everything, including the board members that are appointed by Parliament and, when they arrived at the SABC, decided to act as opposition, which is contrary to the decisions that we want to take in constructively addressing the challenges that we are facing.

Lastly, as the Deputy Minister of Communications, I want to inform this House that the temporary mayoral position of Tlokwe that was occupied by the DA has gone back to the ANC. The ANC took over the position by 32 votes against 22 for the DA. Thank you. [Applause.]

Mrs J D KILIAN: Hon Speaker, could I please ask you to make a ruling. About three Ministers responded to one member's statement. In terms of the Rules, it is very clear that Ministers may respond to a statement; not three of them. It seems that they have something to go and attack. Clearly, they are flouting the Rules of Parliament. Speaker, please make a ruling on that.

The SPEAKER: I will check that and come back with a ruling.

SPATIAL PLANNING AND LAND USE MANAGEMENT BILL

(Second Reading debate)

The MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Mr Speaker, hon colleagues, and members of the House, the Spatial Planning and Land Use Management Bill is premised on a transformative spatial vision with clear proposals to achieve spatial equity, integration, sustainability, good land administration and efficiency.

The pivotal principle underlying this Bill is spatial justice, which is expressed in the following six elements. Firstly, past spatial and other development imbalances must be redressed through improved access to and use of land. Secondly, spatial development frameworks and policies in all spheres of government must address the inclusion of persons and areas that were previously excluded, with emphasis on informal settlements, former homeland areas and areas characterised by widespread poverty and deprivation. Thirdly, spatial planning mechanisms, including land use schemes, must incorporate provisions that enable redress in access to land by previously disadvantaged communities and persons. Fourthly, land use management systems must include all areas of a municipality and specifically include provisions that are flexible and appropriate for the management of disadvantaged areas, informal settlements and former homeland areas. Fifthly, land development procedures must include provisions that accommodate access to secure tenure and incremental upgrading of informal areas. Lastly, a land use regulator considering an application before it may not be impeded or restricted in the exercise of its discretion on the grounds that the value of land or property could be affected by the outcome of the application.

Mr Speaker, the Surplus People Project of 1983, SPP 1983, reported about ...

... le nto kuthiwa namhlanje yi-betterment planning. Le nto iyi-betterment planning bekusithiwa iza kulungisa intlalo yabantu kuba ibigxile kumhlaba wezolimo. Ingxaki ibikukususwa kwabantu ababengaphezulu kwezigidi ezithathu esinesiqingatha. Loo nto yabangela ukuhlukumezeka kwabantu kuba basuswa kwiindawo ababehlala kuzo.

Kodwa loo nto ibalulekile kuba sifuna ukuqinisekisa ukuba lo Mthetho oYilwayo apha ngoku ibe nguMthetho oza kubuyisela isidima ebantwini. Sifuna ukuba lo Mthetho osaYilwayo ibe nguMthetho oza kuthi ubethe kanye entloko lo Mthetho wobandlululo wasusa abantu ezindaweni zabo, beqhathwa ngelithi kuza kulinywa, bengazange babuyekezwa ngendlela efanelekileyo.

Kodwa ke siyayiqonda nento yokuba Somlomo ohloniphekileyo, ukuba lo Mthetho unobunzima kuba ugxile kuzo zonke izigaba zikarhulumente: urhulumente wesizwe, wamaphondo norhulumente wooMasipala. Siyayazi ukuba iza kuba ngumceli-mngeni omkhulu kwezinye izigaba zikarhulumente kuba ooMasipala ayingabo bonke abanezakhono zokuba bakwazi ukwenza umsebenzi ololu hlobo.

Njengoko kwingxelo, ndiqinisekile ukuba uSihlalo weKomiti yeMicimbi yeSebe lezoPhuhliso lwamaPhandle noHlengahlengiso lwemiHlaba uza kuthetha ngalento, yokuba belisebe banaso isicwangciso sokuncedisana nooMasipala kunye namaphondo ukwandisa izakhono zabo. Esi cwangciso siya kuthi sibancedise ukwenza uMthetho okanye imiThetho yamaphondo ezakube isekelwe kulo Mthetho osaYilwayo wesizwe. (Translation of isiXhosa paragraphs follows.)

[... what today is called betterment planning, which was touted to better people's lives because of its focus on agricultural land. The problem was the removal of more than three and a half million people from their land. These forced removals caused untold human suffering.

However, it is important to make sure that the Bill we are deliberating now will restore the dignity of the people. We want to make sure that it addresses the core of the apartheid legislation that led to forced removal of people from their land under the guise of clearing land for agricultural purposes, without them being properly compensated.

However, hon Speaker, we are aware of the challenges related to this Bill, considering that it affects all three spheres of government: national, provincial and local government. We know that implementing this Bill is going to be a huge challenge for the local sphere of government because not all municipalities have the skill and the expertise required to do so.

I am sure that in his report the chairperson of the Portfolio Committee on Rural Development and Land Reform will touch on this important point, that the department does have a plan in place to empower local and provincial governments with more skills. This plan will help these two spheres of government to come up with legislation in line with this Bill.]

Mr Speaker, efforts to develop this Bill commenced about 12 years ago, and we note that considerable time has been spent on engagements and consultations. The weighty issues dealt with in this Bill, especially the sustained interest by different role-players, confirm the enormity and the importance of the issues raised in this Bill.

All sectors of our society are impacted by proposals in this Bill. We are humbled by the huge number of comments we received in written form and during the series of workshops we had on the Bill. After the introduction of the Bill in this House, the Portfolio Committee on Rural Development and Land Reform spent considerable energy going through the detail of the Bill. The committee conducted robust sessions of public hearings and sought specialists' legal opinion on this Bill. The result is a Bill that has been enriched by all. We are grateful to the committee for the leadership and dedication it demonstrated during this long and arduous process. Thank you, hon Speaker. [Applause.]

Mr P S SIZANI: Hon Deputy Speaker and hon members, the background to the understanding of the Spatial Planning and Land Use Management Bill can be found in the National Development Plan adopted by all South Africans through this House and various fora of our country as a roadmap for long-term planning and as development tool for our nation. The plan specifically commits all South Africans to work towards a minimum standard of life, as envisaged in the Constitution of the Republic of South Africa.

The total land surface of South Africa is expected to be developed for all citizens, especially the poor, the youth, the marginal and vulnerable groups. To achieve this, government must take the lead to divert available resources and investments in partnership with all development agents, both nationally and internationally, towards the total destruction of all poverty, unemployment and inequality – the legacy of colonialism and apartheid in our country.

Spatial planning and land use management for all forms of development must therefore be of a national effort by all municipalities, provincial governments, national departments and state-owned enterprises to attain developmental, equitable and efficient spatial planning across all spheres of government.

This Bill seeks to address a fragmented, unequal and incoherent spatial planning and land use management system that exists in South Africa. Attempts to legislate for a coherent and integrated planning system, through the Development Facilitation Act, Act No 67 of 1995, did not succeed because the continued existence of the old-order laws and parallel systems of land development permitted under different pieces of legislation disallowed this.

The crucial moment for the planning system in South Africa came on 18 June 2010, when the Constitutional Court pronounced on a matter of dispute between the City of Johannesburg Metropolitan Municipality and the Gauteng Development Tribunal, which was established in terms of the Development Facilitation Act. The City of Johannesburg was empowered by the Transvaal Town Planning and Township Ordinance No 15 of 1986 to deal with planning issues, whereas the Gauteng Development Tribunal was empowered by the Development Facilitation Act, Act No 67 of 1995, to do the same.

The matter was brought before the Constitutional Court to make a determination on who has the powers and mandate to determine the rezoning of land and establishment of townships. On 18 June 2010 the Constitutional Court pronounced on the invalidity of Chapters V and VI of the Development Facilitation Act, citing that the Constitution provides for a degree of autonomy for the local sphere of government, in other words that municipalities should exercise their Constitutional powers without the interference of other spheres of government.

The Supreme Court of Appeal's decision that planning in the context of municipal affairs has a particular meaning, which includes zoning of land and establishment of townships, was upheld. The powers to consider and approve applications for rezoning of land and the establishment of townships are elements of municipal planning – a function assigned to municipalities by section 156(1) of the Constitution, read with part B of Schedule 4.

The Constitutional Court ordered that the invalidity would be suspended for 24 months to allow the department to address the defects of the Development Facilitation Act, envisaging that the Spatial Planning and Land Use Management Bill would have been enacted by 17 June 2012. The Portfolio Committee on Rural Development and Land Reform is confident that this Bill, that seeks to remedy the flaw, will stand the constitutional test, as the committee collectively went out of its way to consult teams of legal experts to advise on all aspects of the Bill's constitutionality.

We thank senior counsels I Jamie and J Gauntlett for the valuable advice that helped the portfolio committee to overcome potential weaknesses in the Bill. We also thank all committee members who dedicated valuable time in pursuit of quality legislation, which we believe we have achieved. We further call on all stakeholders, including all the portfolio committees that are directly affected by this Bill and have contributed on its various aspects, to support the process of law-making beyond this House.

Without necessarily sequencing in any order, the development facilitation role of government spheres, as will be expected due to their weakness at all levels, is unevenly spread. It is not going to be possible for this law to be implemented throughout the country in the same way, on the same date and within the same period.

However, we believe that the national government and the provincial spheres are expected to empower those lower spheres in the same way that the national government would capacitate these provincial governments to help local municipalities to produce spatial development frameworks and bylaws in line with the Spatial Planning and Land Use Management Bill's requirements to ensure that the national government, a provincial government and a municipality participate in the spatial planning and land use management processes that impact on each other, to ensure that the plans and programmes are co-ordinated, consistent and in harmony with each other.

The National Spatial Development Framework must give effect to the development principles, norms and standards set out in Chapter 2 of the Bill. It must give effect to relevant national policies, priorities, plans and legislation; co-ordinate and integrate provincial and municipal spatial development frameworks; enhance spatial co-ordination of land development and land use management activities at national level; indicate desired patterns of land use in the Republic; and take cognisance of any environmental management instrument adopted by the relevant environmental management authority.

After the Bill has been passed in the NCOP, the Minister must insist that the regulations come back to this House for us to be able to make sure that they are consistent with the law and to make sure that the implementation of this Bill does not create parallel structures. We have to make sure that no other law of the Republic, even though it may purport to be working to assist this one, will nullify this particular Bill.

The Minister must make sure that land use schemes of municipalities, working with provincial government departments, promote uniformity throughout the system, both in rural and urban areas. There has to be one South Africa for everybody, rather than a South Africa of the people in the Bantustans, townships and suburbs. We must make sure that transformation is taking place in planning in our cities and towns.

What is happening out there, once we have debated these issues here, is that municipalities are still enforcing the patterns of settlement of apartheid through planning, because it is regarded as a technical tool in the hands of town planners rather than a transformatory one in the hands of citizens that must leave.

The committee has unanimously approved and agreed with this Bill. Therefore, I commend this Bill to the House. I thank you. [Applause.]

Mr R A P TROLLIP: Madam Deputy Speaker, notwithstanding the motivation by the Minister and the portfolio committee chairperson that we should pass this legislation, I would like to highlight some concerns that we have with the proposed legislation.

Despite the fact that this legislation has been 12 years in the making, as the Minister said, it does not mean that it should be railroaded through the legislative process. I stopped this Bill being snuck past the goalie last year when it was already in the NCOP, about to be processed without the appropriate consideration of the portfolio committee and the consideration of public submissions. The referral of the Bill to the relevant portfolio committee certainly enriched the final product. I have no doubt that it is a better piece of proposed legislation than it was before this intervention.

The Bill is intended to address apartheid spatial segregation and designed exclusion of certain communities, where certain communities, especially black communities, were confined to living on the periphery of cities. No one in their right mind could oppose the Bill's intention and it is certainly in line with the DA's policy of R2-D2, which embraces the issues around restitution, reconciliation, diversity and delivery.

Examples, though, of post-1994 RDP housing developments and spatial planning that the portfolio chair has just alluded to illustrate this perfectly. Despite name changes, from the Department of Housing to that of Human Settlements, and the reference to built environments becoming the new catch phrase, this government continues to build concentration camp-style housing developments that do nothing to improve the living standards and dignity of housing beneficiaries.

One of the chief objectives of this legislation is to reduce and streamline bureaucracy. I want to say that the worst thing for bureaucracy constipation is the delegation of authority to spheres of government and people who do not have the prerequisite skills. A doomed if you do, doomed if you don't mentality ends up blocking development. It also opens doors for corruption and opportunism.

I want to share an example with you - the Limpopo style of development that would use this kind of legislation to their advantage. In Polokwane there was a land swap, where a certain Mr David Mabilu, who owned a farm called Doringkraal, swapped 626 hectares valued at R1,1 million with the Polokwane Local Municipality for two erven valued at R9,7 million. [Interjections.] That is the kind of spatial redress we do not want. That is the kind of spatial redress that black economic empowerment, BEE, cadres feast on. We need to make sure when we pass legislation that we do not open an opportunity for those people who feed at the trough of BEE deals to make hay while the sun shines under certain legislation.

Civic organisations, the organisations that represent the people we represent in this Parliament – our voters – are concerned that their rights to object and appeal are being limited to financial interest provisions only. What about aesthetic and environmental considerations, let alone considerations of the integrated development plans, IDPs, of municipalities and the spatial development framework provisions? Appealing to an independent authority is the ultimate check and balance to somebody who uses the right to appeal. However, this is no longer applicable. Appeals will be made to the decision-making authority, where the municipality becomes the player and the referee.

The public hearing process, that was at first neither entertained by this Parliament nor honoured, resulted in mountains of submissions from metros, smaller municipalities, professional organisations such as the geometric and surveying fraternity, including civic and civil society interest groups, which gave rise to significant amendments, too.

There is possible conflict between the Spatial Planning and Land Use Management Bill and the Municipal Systems Act. This Bill does not clarify which piece of legislation trumps which. The passing of this Bill will require the repeal of existing legislation to prevent duplicate and conflicting and parallel legislation. Provinces will have to repeal relevant provincial laws or harmonise them if this is framework legislation. There is, however, still much debate whether this is actually framework legislation or whether this is defining legislation for all provinces.

The Bill is designed and drafted in a fashion that defines that all of its provisions must comply with all other legislation. The arrogance of the sponsors leaves me with little or no confidence that this is in fact not so. I am not entirely clear how this Bill secures provincial and national interests while simultaneously respecting the role of local authorities. The hon chairperson referred to the court case of the City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal and Others. I also want to make mention of the judgment in Maccsand (Pty) Ltd v City of Cape Town and Others. Legal case law studies show that this is a critically important consideration which this Bill does not entirely take into account.

The proposed Bill's application to peri-urban, and specifically communal land under traditional leadership, is not entirely clear, and the fact that the House of Traditional Leaders was not specifically targeted for public submission has resulted in a dubious cloud of misconception. The exclusion of communal land under traditional leadership is also a source of grave concern. Compatibility of this legislation with the unfathomable KwaZulu-Natal Ingonyama Trust Act is also most unclear and will in all probability be challenged in court.

The debate around agricultural land being granted unique categorisation status for conservation of agricultural resources and food security reasons has led to mining seeking similar exclusionary status. This is potentially a loophole that could create a proverbial legislative minefield.

Asiyiphiki imeko yesidima sabantu abangenayo imihlaba kunye neendawo zokuhlala. [We are not disputing the indignity of the people through their not having land and a roof over their heads.]

However, one does not need this legislation to address that. All one needs to do is to give people titles to the land that they live on in the homelands and give people titles to the RDP houses that have been built for them.

The portfolio committees initiative to seek legal opinion was a commendable one. This gave rise to the sponsor department seeking its own legal opinion. There was an interesting dynamic. The portfolio committee got the opinion of Adv Ishmail Jamie, SC, who regularly appears for the state and the department sought the opinion of Adv Gauntlett, SC, and Adv Keightley. An interesting observation – this is the same Gauntlett that is not good enough to serve on the Bench or in the Constitutional Court. The opinions dealt with constitutionality and both led to significant amendments and improvements. We thank the portfolio committee chair for allowing that process to go ahead.

This is, however, difficult legislation. If one does not have enough registered town planners, one cannot implement this legislation. In the Western Cape we are about to pass legislation next week, where the province will deal with those municipalities that do not have capacity. The big metros have the capacity to accept the provisions of the Bill. In fact, the City of Cape Town has more planners than the department and all the other municipalities in this province put together. The same applies to other big metros.

One of the biggest constraints is that the Department of Co-operative Governance and Traditional Affairs, for all intents and purposes, does not exist. This is where the real issue is. There are no Minmec meetings. Minister Baloyi has cancelled the last three during which they were to discuss sustainability issues of municipalities and the capacity of municipalities. This Bill will be stillborn because of the fact that the Department of Co-operative Governance and Traditional Affairs does not exist, for all intents and purposes. Under those circumstances, the DA will not be able to pass and adopt this legislation. Thank you. [Applause.]

Mr W M MADISHA: Hon Deputy Speaker, the necessity for an integrated approach to spatial planning and land use management is key to sustainable development. The need to give spatial consideration to the protection of prime and unique agricultural land is of paramount importance to food security in our country. This matter is of such significance that the Minister must give it the highest priority.

South Africa has a large land mass. However, prime and unique agricultural land makes up a very small portion of that. Such land should immediately be identified and entered into a register. By ring-fencing prime and unique agricultural land, planners and developers will understand where development is forbidden. By the same token, land that has not been used for any agricultural purposes whatsoever, since 1994, should also be identified and entered into a separate register in order to fast-track suitable development on such land. Millions of hectares are lying unused while millions of people in our country are jobless and hungry.

The function of spatial planning and land use management should not be to frustrate development, but rather to facilitate and accelerate development. If developers knew which land was earmarked for immediate development of a determined type, investment would occur and jobs would be created.

Cope strongly urges the Minister to use this Bill as basis for stimulating appropriate economic activity, not stifling it as bureaucrats are doing with legislation, generally. Land use as schemes must be published annually and the attention of investors to approved land schemes must be drawn. Annually, the national provincial and local government must meet to assess whether this Bill, when it is signed into law, accelerates appropriate development. Section 12(1)(k) must be highlighted so that the national and provincial spheres of government and each municipality can annually announce the spatial development framework that they have developed to provide direction for strategic development and infrastructure investment, and can indicate priority areas for investment in land development.

I give the Minister notice that we, as Cope, will be referring to section 12(1)(k) in written and oral questions to ascertain whether the Minister has kept his focus on this issue. We will keep focusing on this issue because we want optimal and sustainable use of our land for the benefit of the millions who are jobless today. It is an indictment on government that 12 million people go hungry every day, where land lies idle. We will visit section 12(1)(k) again and again to ensure that the Minister is on top of his job. South Africa needs development, but government, especially local government, as everyone knows, is impeding investment because of corruption, long delays in processing applications and ineptitude. This has to be dealt with decisively for a better life for all.

In fact, a clause should have been inserted providing for an ombudsperson to bring crooked and lazy officials into line. It is one thing to have a good Spatial Planning and Land Use Management Act; it is quite another to implement the Act. That is what we will be watching.

As I conclude, people around Hammanskraal and Sekhukhune were shocked today because of dirty water, lack of land, etc, and all this we are discussing is part and parcel of that. Are we going to continue killing ... [Time expired.] [Applause.]

DEPUTY SPEAKER: Enkosi, Mhlekazi. Ixesha lakho liphelile. [Thank you, sir. Your time has expired.]

Mr R N CEBEKHULU: Hon Deputy Speaker, while the IFP is supporting this Bill, it is against the way the Bill has been structured. We are extremely concerned that, in terms of this Bill, traditional leaders will be totally excluded and deprived of their authority to allocate and distribute land to the members of their communities. By such exclusion, the Bill seeks to override and ignore one of the core principles of the Ingonyama Trust by not providing for consultation with traditional leadership on issues pertaining to land that falls under their administration.

The Bill's objective looks noble at first glance, yet it hides the fact that the Bill abrogates the powers of traditional leaders regarding allocation and use of land, except for those leaders who may be elected to serve in municipal structures.

Of serious concern is the fact that the Bill has not been sent to the House of Traditional Leaders, even though it deals with traditional land. The IFP strongly urges that traditional leaders not only be included in this Bill, but also that nothing be done without their prior approval, because they are acutely aware of the needs of their communities in terms of land issues. As the Bill stands, municipalities will have full control over the process of land redistribution. This is totally unacceptable.

In conclusion, we, as the IFP, urge the full inclusion and consultation of the House of Traditional Leaders when issues arise in terms of this law that pertains to land under their authority. Thank you.

Mr S Z NTAPANE: Madam Deputy Speaker and hon members, we have come a long way since the days when some key stakeholders felt that some parts of this Bill were constitutionally invalid. Intensive dialogue and robust debate have enabled us to come up with a Bill that seeks to ensure that the system of special planning and land use management promotes social and economic inclusion.

It provides for the sustainable and efficient use of land and redresses past imbalances. The Bill will, to a considerable degree, help undo the damage done by the Native Land Act of 1913, which reserved large tracts of prime land for whites only, forcing many African families in South Africa into crowded native reserves. Nearly 20 years since the advent of our democracy, the poor still reside in dusty townships far away from leafy suburbs and their places of work.

We are therefore pleased to see that attention has been paid to redress access to land by disadvantaged communities and persons previously excluded, with the emphasis, as the hon Minister has stated before at this podium, on informal settlements, former homeland areas and areas characterised by widespread poverty and deprivation.

However, in order for us to achieve the noble goals of this Bill, such as building social and economic inclusion, we need to establish the main factors that hinder policy implementation in South Africa, as hon Madisha, who was here before me, has said. South Africa is very good at developing good policies, but always fall short on implementation.

The UDM supports this Bill. Thank you.

Mnr P J GROENEWALD: Agb Adjunkspeaker, die Wetsontwerp op Ruintelike Beplanning en Grondgebruiksbestuur sal nie deur die VF Plus ondersteun word nie. Die rede is baie eenvoudig. Hierdie wetsontwerp is uiteindelik niks anders nie as 'n sentralisering van mag na "big brother" toe, wat dan sekere besluite moet neem wat eintlik onder meer deur plaaslike regerings geneem moet word.

Ek wil vandag sê dat landelike en grondontwikkeling, spesifiek in munisipale gebiede, nie so eenvoudig is nie. U wil hierdie wetgewing gebruik omdat u dink dat u apartheid gaan aanpak. U gaan nou die afsonderlike gebiede, wat destyds ontwikkel is, aanpak. Ek wil vandag sê dat die ontwikkeling van sekere gebiede in stede en dorpe ook oor ekonomiese kragte gaan. Dit is byvoorbeeld nie aanvaarbaar om laekostebehuising in 'n bepaalde gebied waar daar reeds hoëkostebehuising is, te gaan vestig nie. Dit het ekonomiese implikasies en het niks met ras te doen nie. Dit gaan oor ekonomiese magte en kragte, waardeur sekere eiendomswaardes dan verlaag gaan word.

Die spreker van die ANC het gesê dat daardie munisipaliteite wat probleme het om ontwikkeling en beplanning te doen deur die departement bygestaan gaan word. Ek wil eerlik sê dat die departement nie eers die vermoë het om behoorlike grondhervorming, soos wat dit tans is, toe te pas en te administreer nie. Waar gaan hy nog behoorlike ontwikkeling, spesifiek op munisipale vlak, kan hanteer? Dit is vir ons onaanvaarbaar.

Ek wil ook vir die agb Minister sê dat hy enige wetgewing deur hierdie Nasionale Vergadering kan laat gaan, maar as hy dit nie behoorlik kan toepas nie, is dit van nul en gener waarde. Kom ek gee voorbeelde. Ek het verlede jaar na Kameeldrift naby Brits se omgewing verwys. Dit is staatsgrond, maar dit word deur wettige en onwettige immigrante beset. Wallmansthal is nog 'n voorbeeld waar besetting plaasvind, maar daar word nie opgetree nie.

U kan 'n wet hê, maar as u nie die bevoeghede en die vermoë het om op te tree om dit behoorlik toe te pas nie, dan sê ek vir u dat hierdie wetgewing net verder en groter chaos gaan veroorsaak, want dit word uit die hande van provinsies en van plaaslike regerings geneem. Dit is onaanvaarbaar. Ons kan nie 'n sentralisering van kragte hê nie. Ons moet 'n desentralisasie van magte en kragte hê. Ek dank u. (Translation of Afrikaans speech follows.)

[Mr P J GROENEWALD: Hon Deputy Speaker, the Spatial Planning and Land Use Management Bill will not be supported by the FF Plus. The reason is very simple. This Bill is, in fact, nothing but a centralisation of power towards big brother, who will then be taking certain decisions that should actually be taken by, amongst others, local authorities.

I can tell you now that rural and land development, in particular in municipal areas, is not that simple. You want to use this legislation because you think you will be addressing apartheid. You are now going to tackle the separate areas that were developed at that time. I can tell you today that the development of certain areas in cities and towns will also involve economic forces. For instance, it is not acceptable that low-cost housing is going to be located in a certain area which already has upmarket housing. This will have economic implications which have nothing to do with race. It is about economic power and forces, whereby certain property values will then be decreased.

The speaker for the ANC has said that those municipalities experiencing difficulties with development and planning are going to be assisted by the department. I can honestly say that the department does not even have the capacity for the implementation and administration of proper land reform, as it currently is. So, how can it ever cope with proper development, in particular at municipal level? This is unacceptable to us.

I also want to tell the Minister that he can pass any legislation through this National Assembly, but if he cannot implement it properly, it will be worthless. Let me mention a few examples. Last year I referred to Kameeldrift, in the vicinity of Brits. That is public land, but it is being occupied by legal and illegal immigrants. Wallmansthal is another example where occupation is taking place, but where no action is taken.

You can have a law, but if you don't have the power and capacity to take action in order to implement it properly, I can tell you that this legislation will only cause more and bigger chaos, because it will be taken out of the hands of the provinces and of local authorities. This is unacceptable. We cannot have centralisation of power. We should have decentralisation of powers and forces. I thank you.]

Mrs C DUDLEY: Deputy Speaker, this is a long awaited and much needed piece of legislation to regularise planning and land use management across the country. Regrettably, stakeholders say the department has not done enough to facilitate substantive input, particularly by organisations that work on behalf of the poor.

One of the main concerns expressed is the capacity of the country to implement and roll out the provisions of the Bill nationwide as there are not enough planning professionals to undertake even existing planning and land use management functions.

A number of key shortcomings in the Bill relate to a lack of clarity about the respective powers and functions of the different spheres of the state; the promotion of an integrated approach to urban informality, spatial inequality and environmental sustainability; the capacity constraints within the planning profession; and the appropriateness of present land use management tools within the context of communal areas.

Planners strongly urge the department to establish a clear monitoring and evaluation system if the Bill is passed in its current form. Ideally, this should include a panel composed of competent role-players drawn from across all sectors of society to sit every five years to consider the appropriateness and effectiveness of planning legislation and to make recommendations on how it could be modified and improved.

Lastly, the ACDP shares concerns that a clause was not introduced to ensure that the social and environmental value of land is taken into account. Unfortunately, the ACDP will not be able to support this Bill. Thank you.

Mrs P C NGWENYA-MABILA: Hon Deputy Speaker, hon Ministers and Deputy Ministers, hon members, ladies and gentlemen in the gallery, the 1994 African National Congress Policy Framework, commonly known as the Reconstruction and Development Programme, prioritised remedying the past racial injustices and laying a foundation for equitable development. The policy framework acknowledges that, and I quote:

Apartheid policy pushed millions of black South Africans into overcrowded and impoverished reserves, homelands and townships. In addition, capital-intensive agricultural policies led to the large-scale eviction of farm dwellers from their land and homes ... only a tiny minority of black people can afford land on the free market.

Similarly, our National Development Plan expresses this view about the social and economic legacy of colonialism and apartheid. It states that, and I quote:

The apartheid system forced much of the African people into rural reserves. The result was an advanced and diversified commercial farming sector relying on poorly paid farm labour and impoverished, densely populated communities with limited economic opportunities and minimal government services.

The most critical point in the spatial organisation of South Africa was the 1913 Land Act, whose purpose was to make land available for white farmers; impoverish black people through dispossession and prohibit all forms of farming arrangement made by black people, meaning that they became dependent on employment for survival, thus creating a pool of cheap labour for white farms and mines; and enforce the policy of racial segregation.

The entire apartheid engineering impoverished black people, stunted their economic development and caused a lot of suffering, humiliation and abuse of their human rights. The Spatial Planning and Land Use Management Bill is national framework legislation for a spatial planning and land use management system and other kinds of planning. It contributes to the realisation of the goals set by the Freedom Charter of 1955, which states that, and I quote:

Restrictions on land ownership on a racial basis shall be ended, and all the land redivided among those who work it to banish famine and hunger ... all shall have the right to occupy land wherever they choose.

The African National Congress identified land reform as follows, and I quote:

As part of a comprehensive rural development programme, it must raise incomes and productivity, and must encourage the use of land for agricultural, other productive or residential purposes.

The National Planning Commission has also documented proposals that eloquently capture the development goals for rural economy in this manner, and I quote:

By 2030, South Africa's rural communities should have greater opportunities to participate fully in the economic, social and political life of the country ... Successful land reform, job creation and rising agricultural production will all contribute to the development of an inclusive rural economy.

An important question to this House is: What is the place of mining or agriculture in a spatial planning and land use management system, whose agenda is to transform and to seek to reverse the spatial effects of apartheid?

The Portfolio Committee on Rural Development and Land Reform, during the public hearings on the Spatial Planning and Land Use Management Bill, engaged with interest groups with diverse opinions on this matter. On the one hand, some wanted mining to be exempted from the provisions of this Bill; on the other, some believed that this stance would allow the national government to trample the constitutional powers of municipalities, preventing them from performing their planning functions. It has also been argued that, historically, mining has had an adverse impact on the communities' social and natural environments. Some also have argued that the concerns about cumulative impacts that the mining industry has on the resources of the country are addressed and governed by the Mineral and Petroleum Resources Development Act and the National Environmental Management Act. Therefore, when implementing these Acts, other existing legislation needs to be taken into consideration. This means that the Act cannot be implemented in isolation of other existing Acts.

With the need to safeguard food security, there are also concerns regarding zoning schemes that change the use of prime and unique agricultural land into golf courses, housing developments and mining activities. Some argued for the protection of prime and unique agricultural land. Mining and agriculture are central to the economic prosperity of South Africa. Ensuing from the colonial and apartheid past, these issues cannot be separated from politics, democracy and governance.

The Spatial Planning and Land Use Management Bill is a step in the right direction, because careful analysis of the Bill shows that it seeks to ensure that the system of spatial planning and land use management promotes social and economic inclusion; provides for sustainable and efficient use of land; provides for co-operative government and intergovernmental relations among national, provincial and local spheres of government; and redresses the imbalances of the past and ensures that there is equity in the application of spatial development planning and land use management.

The fact that mining is a national interest that affects the economic interest of South Africa as a whole, extends land to municipal and provincial boundaries, and the fact that vested land use and developmental rights have been acquired and exist under the current statutory provisions does not suggest the need for exclusion of mining from the Bill. It, however, highlights the need for finding mechanisms through which planning processes will take cognisance of the existing realities.

Exempting mining and agriculture from the provisions of this Bill may be tantamount to compromising and impeding the municipality's ability, or right, to exercise its powers to perform its functions on spatial planning and land use management.

If we agree to this proposal, it would render the government powerless and make private owners more powerful than the spheres of government. Integration between all sectors of the economy and municipalities is critical for growth.

In terms of clauses 33 (1) and (2) the Bill provides that, and I quote:

Except as provided in this Act, all land development applications must be submitted to a municipality as the authority for first instance. Despite subsection (1), where an application or authorisation is required in terms of any other legislation for a related land use, such application must also be made or such authorisation must also be requested in terms of that legislation.

In a similar vein, some have argued for the protection of prime and unique agricultural land, stating that South Africa has limited prime agricultural land. They argued that this should be protected from the expanding housing development, golf courses and mining. This argument is founded on the comprehensive rural development programme, which gives prioritisation to food security and encourages communities to grow their own food.

The development principles underpinning this Bill vouch for the principles of spatial justice, whereby past spatial and other development imbalances must be redressed through building a united and unitary state that is based on the will of the people as there will be public consultation in all the land use planning processes; the restoration of the birth rights of all South African citizens regarding access to land and economic resources, especially the previously disadvantaged communities; and participation in the preparation, adoption and amendment of land use schemes.

Rather than simplistic protection of prime and unique agricultural land, zoning and other land development planning that seeks to observe the objects of this legislation, which is transformational in nature to redress the imbalances of the past in terms of sustainable and efficient use of land, the Bill could be a tool through which agrarian transformation can be fast-tracked. The National Development Plan acknowledges that, and I quote:

Rural spatial planning has its own features. Government's efforts should focus on sensible and sustainable land reform, support to farmers, roll-out of household services and appropriate economic infrastructure such as roads and irrigation schemes. The focus of rural development must be to improve livelihoods through income generation, employment, household and social services.

There are two major challenges that face the land reform programme at present. The first one is the acceleration of transfer of land to the landless, and the second one is the provision of support for the productive use of transferred land. However, when dealing with agricultural land reform, it must be borne in mind that agriculture alone cannot solve the problem of rural poverty, but it certainly can play a significant role in it.

Agriculture contributes about 23% to the gross domestic product, GDP, and about 7% of formal employment, but there are strong linkages in the economy of the agro-industrial sector to comprise about 12% of the GDP. It is much more significant as an employer and it is a source of food and cash income to the people of South Africa, especially farm dwellers and rural people who depend on farming and working on farms for survival.

In conclusion, rural zoning debates should not only consider the merits for changing land use, but must consider bigger social and economic issues, as stated in the objects of the Bill, that is, to ensure that spatial planning and land use management promotes social and economic inclusion; to redress the imbalances of the past; and to ensure that there is equity in the application of the spatial development planning and land use management system.

Therefore, the spatial planning and land use management system should assist the country to ensure that mining and agriculture result in social and economic development of the poor and must comply with the norms and standards of this Act. The categorisation of applications and timeframes that will be indicated by the Minister on processing applications will fast-track their consideration. Traditional leaders were informally consulted, and therefore were not totally excluded. Considering the intensive processes that have been undertaken by the committee in dealing with the Bill, I see no reason for this House not to adopt the report of the committee on spatial planning and land use management. I so move. Thank you. [Applause.]

Mr I S MFUNDISI: Hon Deputy Speaker and hon members, the task at hand is for the state to take reasonable legislative measures and foster conditions that will enable citizens to gain equitable access to land. The question of access to land is a thorny and controversial subject in the South African context. Current planning laws are deeply flawed and lack an efficient legal framework, which then makes it an impossible task to plan for sustainable, integrated and equitable land use and development in South Africa.

A coherent and transparent regulatory framework is indeed long overdue and needs to be facilitated soonest. The hope is that this Bill is here to fill that gap, as was stipulated in the Constitutional Court in 2010. Government's failure to attend to defects in the Development Facilitation Act of 1995 is at the very least cause for concern, as the importance of this subject cannot be overstated.

We now have the National Planning Commission with its National Development Plan also reiterating that land use and spatial planning are crucial to the future of the country, which then makes it imperative that this Bill must adequately cover all issues previously raised and pass all tests, especially those that relate to its constitutionality, otherwise growth and progress will continue to be retarded.

However, our concern is that, as land restitution is mounted, those who once lived in one area and were moved during those dark days of the black spots will have to go back to their own land, but will still leave other people behind. As such it means that a community is torn between two places. We have noted the inconsiderate building of RDP houses on land that had been used for and is suitable for agricultural purposes. As we proceed, this cannot bode well for good land use and development.

The Bill fails to incorporate sufficient development principles relevant to the principle of sustainability, and fails to recognise the impact mining has had on communities. However, on the flip side, one good thing about the Bill is that, in an effort to stop the wrangling about the price of land, as the willing-buyer, willing-seller approach has not delivered adequately, we can welcome the establishment of the Office of the Evaluator-General, who will determine the price of any piece of land in case there is a dispute. I thank you.

Nkosi Z M D MANDELA: Hon Deputy Speaker, hon Ministers, hon members and our guests in the gallery, good afternoon. I dedicate this speech to Autshumato, the first prisoner on Robben Island and iNkosi yaBathwa Krotoa, the first woman on Robben Island ...

... Amakhosi aseMpuma Koloni ... [Chiefs from the Eastern Cape] ..., Makana kaNxele, Maqoma and Nkosikazi Katyi [Mrs Katyi], Siyolo nenkosikazi wakhe ... [and his wife] ... Tyhali, Langalibalele, noFadana [and Fadana].

This year marks the centenary of the 1913 Land Act, an Act that served to formalise land dispossession of the indigenous people of our land, laying a foundation for the apartheid racist policies that followed in 1948. With the promulgation of the Land Act, African people were suddenly exiled from the land of their forefathers. The Act formalised the theft of 87% of the land of African people, leaving them with 13% of the land, which was scattered in various provinces of the country.

The 1913 Land Act and the subsequent policies of the nationalist government resulted in untold sufferings and misery for black people in our country. In the past 18 years after our liberation, the ANC-led democratic government has been working hard to eliminate the legacy of dispossession, poverty and inequality that can be traced back directly to the promulgation of the Land Act. The ANC resolution in Polokwane and the ANC lekgotla in July 2011 emphasised that government should finalise, without delay, the Spatial Planning and Land Use Management Bill.

The Spatial Planning and Land Use Management Bill is another important arsenal in our fight to reverse apartheid and colonial evils. South Africa urgently needs a coherent regulatory framework for spatial planning, land use management, land development and a planning system.

The Spatial Planning and Land Use Management Bill seeks to address the fragmented, unequal and incoherent spatial planning and land use management systems that exist in South Africa today.

The Bill has been through a long journey. The first attempts to legislate for a coherent and integrated planning system through the Development Facilitation Act, Act No 67 of 1995, did not succeed because of the continued existence of the old-order laws and parallel systems of land development permitted by different pieces of legislation. Since 2001, processes to develop a coherent system have been initiated with the White Paper on Spatial Planning and Land Use Management. Since then, various drafts of the Bill have been published for comments and have gone through extensive processes of consultation, legal counsel and further amendments.

The Bill seeks to provide a framework for spatial planning and land use management in the Republic. The Bill will bring to an end the persisting problem of a dual system characterised by a more sophisticated legal planning system in urban areas mainly occupied by white people as opposed to the less developed or almost absent planning system in the areas occupied mainly by black people.

The Bill is also intended to play a role in redressing the apartheid legacy that has manifested itself at different levels, such as racially-based land dispossessions, inequitable land distribution, dual land tenure systems, fragmented development and planning systems and acute poverty.

In February 2001, during the state of the nation address, President Mbeki stated that, and I quote:

Gradually, step by step, our country proceeds further away from its painful past. We, its citizens, who are very close to the coalface of change, may not easily see the steady transformation that informs all aspects of our national life. The past of which I speak is well known to all of us.

Indeed, he was correct, because some of us in the House still do not see that steady transformation today. Therefore, we are not surprised, hon Trollip, that the DA will not support the Bill, because it never supported transformation. [Applause.]

In terms of clause 2(1) and (2), once this Bill is enacted, it will apply to the entire area of South Africa to, and I quote:

Provide for a uniform, effective and comprehensive system of spatial planning and land use management for the Republic.

It will also ensure a system that promotes social and economic inclusion. Clause 3(e) provides that this Bill, when it comes into operation, will assist, and I quote:

... to redress the imbalances of the past and to ensure that there is equity in the application of spatial planning and land use management systems.

The legacies of colonial and apartheid governments and related social engineering are intrinsically connected to the spatial organisation of South Africa. It is a legacy characterised by planning dualism, to which I have just referred, which in the vast majority of the former independent TBVC homelands and self-governing territories of Gazankulu, KaNgwane, KwaNdebele, KwaZulu, Lebowa and Qwaqwa was carried out outside the planning system and was governed by a variety of different pieces of legislation.

Therefore, this Bill is transformative and also seeks to clarify the role of institutions such as traditional councils that, since time immemorial, have had the responsibility to take decisions on matters relating to land administration and use.

Section 211(1) of the Constitution of the Republic of South Africa provides that, and I quote:

The institution, status and role of traditional leadership, according to customary law, are recognised, subject to the Constitution.

The majority of municipalities perform their functions on land that has historically been under the authority of traditional councils as customary native authorities since the time of colonial conquests and apartheid rule. During public participation on this Bill, the Portfolio Committee on Rural Development and Land Reform received notice of many critical issues and has ensured that, in the Bill, such issues are dealt with. One of the crucial questions was who holds sway between a municipality and a traditional council that are expected to work together?

The Bill provides for consultations during preparations of the national, provincial, as well as municipal spatial development frameworks. With regard to land use management, clause 23(2) provides, and I quote:

A municipality, in the performance of its duties, in terms of this Chapter, must allow the participation of a traditional council.

Cebekhulu ohloniphekileyo, Nkosi yam, bendifuna ukugxila kakhulu kulo mcimbi kuba izinkosi ziza kuba nonxibelelwano nooMasipala, zisebenzisane ukuqinisekisa ukuba umhlaba usetyenziswa ekwandiseni ukuncedisa abantu bakuthi. (Translation of isiXhosa paragraph follows.)

[The Hon Cebekhulu, my Chief, I wanted to emphasise this matter more, because the chiefs are going to interact with the municipalities, working together to make sure that the land is used mostly to benefit our people.]

The Bill makes clear the intent for public participation in development of land use schemes. In clause 24(2)(c) the Bill provides that an adopted land use scheme must, and I quote:

... include provisions that permit the incremental introduction of land use management and regulation in areas under traditional leadership, rural areas and informal settlements.

With the enactment of this Bill, the days when cities continued to be designed for the well educated and the wealthy to the exclusion of the poor will be numbered. This Bill will reduce the burden of the poor who are forced to travel to and from the city as they cannot afford to stay in the major urban centres. With the passing of this Bill, we will be fulfilling our duty to redress the ills of both colonialism and apartheid.

In conclusion, let me close with the following quote from Nkosi Luthuli, following the treason trial. I quote:

What the future has in store for me, I do not know. I only pray to the Almighty to strengthen my resolve so that nothing may deter me from striving, for the sake of the good name of our beloved country, to make it a true democracy and a true union of all the communities in the land.

The ANC supports the Bill. I thank you. [Applause.]

The MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Madam Deputy Speaker, I wish to thank the hon members for supporting the Bill. By the way, I have no problem with the DA, because they say that the Bill is in line with their policy, but they will not support the Bill. [Laughter.] It is not clear what they really want.

They go on to say that in the Western Cape they have already started implementing some aspects of the Bill. That is what the hon Trollip said. We understand that and we agree because that is the truth - they have started doing that. However, what he wants to do is to claim that the Western Cape has led us in this direction, which is actually not the point here. The point is that we want to transform the South African society.

We thank the hon Madisha for the points he made, particularly the emphasis that he laid on areas of interest that will follow with regard to oversight. Thank you very much for that.

We accept the interesting comments made by hon Cebekhulu, and we thank him very much for that. But the hon members before me have already made comments concerning the centralisation of power, hon Groenewald.

You know, the way the Bill is structured, it is a Bill of the whole government and not just a national Bill ― it is a Bill of the whole government.

Secondly, at the national level, we have taken the responsibility of ensuring that we help build capacity, both at provincial and municipal levels. We are already working with provinces, helping them to develop legislation that is in line with the context of this Bill. We are also helping some municipalities developing their bylaws; we are actually working on that.

We do admit that we do not have the capacity that is required in terms of the planners that would be required to implement the Bill, but we are working together and we can achieve that, because it is not just national government, but all of us. We have to build the capacity that is required to do this.

We thank you very much, hon Deputy Speaker, for supporting the Bill and I hope that the DA will change its mind during the next 20 seconds. [Laughter.]

Debate concluded.

Bill read a second time (Democratic Alliance, Independent Democrats, Freedom Front Plus, Congress of the People, African Christian Democratic Party and United Christian Democratic Party dissenting).

THE GROWING RATE OF GENDER-BASED VIOLENCE IN OUR SOCIETY

(Debate)

The MINISTER OF BASIC EDUCATION: Hon Deputy Speaker, esteemed colleagues, comrades, friends and Members of Parliament, indeed, the intervention on the part of Parliament in the whole matter of gender-based violence is most welcome, particularly now, for good reasons.

Each year, Parliament dedicates substantial time and resources to the gender question in South Africa, Africa and the world. As a ruling party, we welcome this. There is always a strong link between gender relations in society and the persistent scourge of violence, abuse and femicide.

As the ANC, over decades of legitimate struggle against oppressive power, we have said that the National Democratic Revolution must bring an end to racism, sexism and exploitation. It is this reality that informs our vision of a nation that is united, democratic, nonracial, nonsexist and prosperous. It cannot be right that women who are in the majority at 51,7% continue to be wantonly abused, defiled, raped and murdered as if they were subhuman – in the African decade of women, moreover!

Recent developments confirm our perspective of the importance of gender mainstreaming and the need speedily to transform gender relations in our families and in various communities. What we do in the defence and empowerment of women and the girl-child will really demonstrate how serious we are about building a progressive, equal and prosperous country in a better world.

By the look of things, a woman's life seems far cheaper than a black life in the days of slavery. Gender as an ideology, in patriarchal societies, normalises cruelty against women. Minors suffer the most. According to a report that we received from the SA Police Service in 2010-2011:

Among the dominantly social contact crimes committed against children, 51,9% were sexual offences, while only 18,7% of the social contact crimes committed against adult women were sexual offences.

This makes a bigger case for us, as the Department of Education, to be involved and do whatever we can to fight the scourge of violence.

As the ANC, we say this is a treasonable affront to the most democratic Constitution, with an entrenched Bill of Rights, this country has ever seen. This is an abomination we all must condemn in no uncertain terms. This works against the very spirit and intent of the international instruments we have embraced as a nation for the protection of women, children, and the most vulnerable.

Recent events have brought the most inhuman treatment of women into sharp focus. It pains us that these atrocities are executed by those known to the victims, and there is evidence to that effect.

A Medical Research Council study reported last year that although there was a reduction in female homicides in South Africa, such a decline was less among intimate femicides. It said that intimate partner violence is now the leading cause of death of women homicide victims, with 56% of female homicides being committed by an intimate partner.

The barbaric mutilation and defiling of the sacred body of Anene Booysen in Bredasdorp, followed in close succession by the heartless killing of the charming Reeva Steenkamp, shows why the ANC Women's League, ANCWL, wants to see accelerated mechanisms for the protection of and respect for women's lives. Their bloody end unveils the brutal treatment of women in communities, among people they love.

In certain circumstances, and with no disregard for the laws we have made together, it should be possible to deny bail to those charged with heinous crimes against women. We need a radical message for other villains.

We are not necessarily saying that we must resuscitate the archaic role of punishment as a public spectacle. But, you tell me: What do we say when the disembowelled body of Anene brings to mind gory images of Shakespeare's Lavinia, from the most violent and the bloodiest of his tragedies, Titus Andronicus?

Before being ravished and wronged, her hands cut off, her tongue cut out, Lavinia brings home the painful truth that when you rape a woman, you take away her life. To her violators she says:

'Tis present death I beg, and one thing more. That womanhood denies my tongue to tell. Keep me from their worse-than-killing lust. And tumble me into some loathsome pit. Where never man's eye may behold my body. Do this, and be a charitable murderer.

We will never know Anene's prayer in the hands of her murderers. We are responding as a nation the way we are doing because of the terror therein. Worse still, on 15 February, we were looking forward to reports on the President's state of the nation address. But such was overshadowed by headlines on the fall of silver lakes into bloody lakes.

Comrades and friends, it is not that the ANC government is not doing much for women, as some may try to make others easily believe to score cheap points. Far from it! Actually, it is the ANC Women's League that has led the campaign of nonviolence against women, in partnership with different progressive forces. It is these forces that, for instance, took the Rasuge case out of the dustbin, when the matter had already been struck off the roll. It is these forces of South African women, united and working hard, that ensure that justice prevailed in the KwaZulu-Natal sugarcane serial case, the Brandford serial killer case and many other cases in the country.

As we have been saying, a lot is being done to create a safe and caring society for all – women and men, young and old. But together, we believe more can still be done. [Interjections.] Do not howl about a matter that is that serious! The point is how all of us can - and must - work together to sort out these barbaric deeds once and for all.

Our Constitution guarantees equality, justice and human dignity for all. But we know that, in spite of our gender-sensitive policy framework, gender inequality remains endemic. South Africa did ratify the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women. We have also committed to the Beijing Platform for Action.

We introduced the Criminal Law (Sexual Offences and Related Matters) Amendment Act, Act No 32 of 2007, which was a breakthrough for women, although with challenges. Importantly, our beloved Republic will build on the constitutional guarantees of rights to privacy, dignity, freedom and security of the person, and on the right to be free from all forms of public and private sources of violence through this Act.

Thuthuzela Care Centres, which had been established by the Sexual Offences and Community Affairs Unit of the National Prosecuting Authority, are redeeming victims of sexual offences and are also providing much needed services to victims of domestic violence.

For instance, in December 2011 there were 51 centres that had been established. They definitely boosted the rate of conviction. According to the Department of Justice and Constitutional Development, the conviction rate of cases that had been reported to these centres in 2010-11 was 63%. As a country, each year we raise awareness around gender-violence through our 16 Days of Activism campaign.

The ANC believes that what should change radically is how we nurture children and how we cobble the souls of grown-ups with a gender-sensitive hammer and sickle of humanisation. Among other things, we have used education, an Apex Priority, as a sustainable vehicle to achieve this end.

It is against this background, before this august House, that President Jacob Zuma said that we needed a change of attitude. A new outlook is what we must all cultivate - united in our diversity, from the cradle to the grave – in a Reconstruction and Development Programme, RDP, of the soul!

Our first democratic head of state, former President Nelson Mandela, taught that:

Education is the most powerful weapon which you can use to change the world.

With education we can roll back the dehumanising effects of patriarchal power and oppressive cultural practices. This is the best way to fight inequality, poverty and unemployment. This is a task we undertake religiously because education is intrinsically linked to all eight Millennium Development Goals, MDGs.

Quality education plays a role in driving programmes for gender equality, child and maternal health, reducing hunger, fighting the scourge of HIV and Aids, economic growth and building peace. The Department of Basic Education is implementing key programmes for combating gender-based violence, sexual abuse and harassment. We have incorporated gender issues, including the prevention and management of gender-based violence, into the school curriculum. We teach the young to honour dignity and embrace the values entrenched in the Constitution.

We have created a learner-focused website to help young people with understanding, preventing and reporting sexual abuse. The website is www.speakoutfreely.co.za. It went online in 2011 and continues to be used to highlight other issues of concern impacting on lives of young people, like drugs ― which we believe are a major driving force behind gender-based violence ― alcohol abuse, school safety and moral decadence.

Through the social cohesion platform we have trained school governing bodies, SGBs, representative councils for learners, RCLs, and teachers in the Values in Action strength model, which includes key sessions on gender, sexual abuse and harassment. The department has a National School Safety Framework, NSSF, which includes a partnership protocol with the South African Police Service to promote safer schools.

This framework includes linking schools to local police stations, forming school safety committees and training school governing bodies, teachers, learners and district officials in issues of violence, from bullying to sexual violence. However, we should remember that schools are microcosms of the broader society. Thus, the high levels of sexual abuse, violence and rape in our society are a matter of grave concern.

We recognise that literacy and the empowerment of rural women are essential if the quality of their lives is to improve and they are to be able to access justice and economic empowerment opportunities.

Without gender equality and women's empowerment, we will never see an end to violence. We need a new breed of men to help lay the solid foundation of a nonsexist society. We definitely need men as partners in this campaign.

This Thursday, President Jacob Zuma and I will be launching the Department of Basic Education's Lead SA campaign against rape, abuse and violence against women and the girl-child. On the morning of 1 March, at 08:00, over 10 million of our learners will assemble in their schools and take a stand against violence and abuse.

Schools are requested to educate our children about the evils of crime and, in return, we expect our learners as children and as our future to pledge that they will never ever involve themselves in crime. They will protect women, children and people with disabilities and respect and uphold everybody's rights.

We appeal for support from all of us to make this campaign a success. The appeal is to all parents to be more attentive to the needs of their children, and for teachers to spread these messages in class, to be sensitive to the needs and wellbeing of children in their care ― not only on 1 March ― and to ensure that this continues throughout the education of our children.

All must take the current when it serves, for the sake of our children, or the voyage of our life will be bound in shallows and in miseries. As a matter of extreme urgency, we need to enhance the implementation of the National Policy Framework on Sexual Offences and fast-track investigations into the re-establishment of sexual offences courts.

In closing, notwithstanding our challenges, we must admit that we have made great strides. What has assisted us is the fact that women, united, have always been at the forefront of the struggle. We must remain in the trenches of the struggle for gender equality. As responsible citizens, we must work together to make women's rights human rights. This is an imperative which depends on the sustainability and prosperity of all humankind.

To the women of this country we say: Stop being speechless complainers! Your tongues are intact. Unlike Lavinia, whose tongue was cut out by her vile rapists, speak out! Take a stand against abuse. Reclaim your bodies. Help us fight this scandalous war against women and children.

With unity in action, we can dismantle the oppressive reality that makes women and girls out as being second-class citizens, sex objects, the wretched of the earth and the rejects of life. We cannot afford to spare any effort at this moment. Our women are not safe, and it cannot be right that they have to stay in constant fear of being raped, assaulted and killed in their own homes, communities and country. It cannot be!

Something has to give, fellow South Africans. The few evil among us must not be allowed to make the life of the many law-abiding and peace-loving South Africans the nightmare that it currently is. The ANC's message is that working together, we can do more to ensure that all people in South Africa are and feel safe. I thank you! [Applause.]

Mrs D A SCHÄFER: Madam Deputy Speaker, unfortunately gender-based violence is not a new phenomenon. It has recently again been thrown into the spotlight, with several particularly horrific cases, but it is something that many women have to deal with every day, and have had to for a very long time.

We all know that this type of violence does not have only one cause or only one solution, but all the solutions require leadership and accountability, which are profoundly lacking in far too many areas across our country, both in public and private life. And whilst government certainly cannot solve the problem on its own, government should be taking the lead, but at the national level it is not. By leadership I do not mean howls of outrage from the Women's League. I do not mean the minister of conferences, shopping and expensive furniture trying and convicting an accused outside a provincial legislature, assuming to herself the role of judge, jury and executioner, whilst being a member of the executive.

I also notice that she is not here today, nor are the Ministers of Police and of Justice and Constitutional Development, which shows their level of interest in this debate. I mean, taking concrete steps where it is within the competence of government to facilitate taking concrete steps ... [Interjections.]

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: On a point of order, Deputy Speaker.

The DEPUTY SPEAKER: What is the point of order?

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Deputy Speaker, is it correct for an hon member to reflect on the attendance of other hon members of the House, without checking with the presiding officers? In terms of the procedures, members who are not here will write to the Speaker and indicate their whereabouts unlike ... [Interjections.] ... casting doubts on members who are sitting here.

The DEPUTY SPEAKER: You can continue, hon member.

Mrs D A SCHÄFER: Madam Deputy Speaker, I mean taking concrete steps where it is within the competence of government, and facilitating concrete steps wherever possible when it is not. That means appointing capable, independent people of integrity to crucial positions to lead by example.

Aside from the multitude of social issues that must be addressed with the aim of prevention, when a woman or girl becomes a victim of gender-based violence, she should have the confidence that, at least in the majority of cases, the perpetrators would be apprehended, tried, convicted and appropriately punished. Deterrence is an important aspect of preventing these crimes. When we take a look at our criminal justice system, it is abundantly clear why offenders continue to commit violent crimes with impunity, because they know that there is very little chance that they will be caught and punished.

The Domestic Violence Act came into operation in 1999. There has not been one year since then that the SAPS have even come close to complying with it. When a woman goes to a police station to report a crime and is taken to a room and raped by a police officer, as reportedly happened at the Herbertsdale satellite police station, is it any wonder that people often do not even bother to report crimes? Whilst not wishing to detract from the excellent work done by many police officers, stories like this do nothing to inspire confidence in the justice system and perpetuate the cycle of gender-based violence, as women do not know which police officers they can trust.

Over and above this, there are far too many reports of police failing to properly secure crime scenes and collect available evidence. It does not take a rocket scientist to know that unless you secure the best possible evidence you will not get a conviction. Where is the leadership, so desperately needed, to ensure that the members of the SAPS are properly trained, or in the case of those with improper motives, properly removed from the service?

Some progress was being made when we had a specialised Financial Crimes Section, FCS Unit, Gang Unit and Narcotics Unit. Those were abolished by the then Police Commissioner, Jackie Selebi, who is now a convicted criminal.

Some credit is due to Minister Mthethwa for reinstating the FCS Units, but imagine how much more progress we could have made if they had not been abolished in the first place. I would venture to suggest that, instead of challenging every initiative of the Western Cape government to address serious crime, his energy would be more productively spent in re-establishing the Gang and Drug Units, and ensuring that all specialised units are properly resourced. This would be a bold step in addressing gender-based violence, as gangs and drugs are huge contributors to this scourge.

We were also making some progress when we had the 67 dedicated sexual offences courts in 2006. Through more failed leadership these have been reduced to 6.

Whatever method the National Prosecution Authority, NPA, uses to bolster their pathetic conviction rate in respect of sexual offences, the reality is that, of about 64 000 reported rapes in 2011-12, a mere 6,2% resulted in a conviction. Any betting person would fancy those odds.

We welcome the Justice Minister's eventual announcement that these courts would be reinstated, and trust that in tomorrow's Budget we shall see sufficient money allocated to the roll-out of these courts. We do have to wonder, however, given that the Justice department has already had its budget slashed by R600 million, whether the President sleeps well in his air-conditioned bunker at his private residence, knowing that it cost a third of the amount cut from delivering justice to the people of South Africa.

So, what do we do? In 2002, a special task group of this House drafted a detailed report setting out numerous interventions that need to take place across all spheres of society and government departments. Instead of implementing them, we have seen flip-flopping at the highest level. We challenge all Cabinet Ministers to dust off this report and start showing leadership by addressing the issues raised. Where there is leadership, there is action, not just talk.

In the Western Cape provincial government the following has already been done ― not will be done, but has been done: The budget for the victim empowerment programme has been increased from R7,8 million in 2009 to R17,7 million this year; every police station has a victim support room; about 180 Mass Participation Opportunity and Development Centres have been introduced to keep children in poorer communities constructively occupied after school; over 1 100 Early Childhood Development Centres are funded by the provincial government; the Chrysalis Academy targets youth at risk to divert them from a life of crime; the budget for the reduction of drug- and alcohol-related crimes have been doubled to R77 milliom, a third of what was spent on Nkandla; and the Western Cape Liquor Act is viewed as the toughest liquor legislation in South Africa.

The City of Cape Town is likewise implementing a broad range of programmes to address gender-based violence. One is aimed at raising awareness and understanding of drug-related harm, which is being spearheaded by the mayor in her "Don't Start, Be Smart" campaign.

We have five Matrix Clinics around Cape Town that provide a comprehensive and free programme for alcohol and substance abuse. The city has a dedicated vice squad focusing on combating crimes that specifically affect women. A "Good Touch, Bad Touch" programme is being rolled out at schools across the city, with school resource officers assigned to certain schools on a permanent basis.

All Metro police are trained in the implementation of the Domestic Violence Act, and how to help women obtain interdicts. Metro police have a specialist Substance Abuse Unit, which we used to have in the SAPS working closely with the SAPS.

Madam Deputy Speaker, that is leadership, and that is what our country needs to combat gender-based violence, not more talking. In 2014 the people of South Africa will be able to make that choice. Thank you. [Applause.]

Ms C K K MOSIMANE: Hon Deputy Speaker, the past several weeks have been absolutely terrible for the entire country. The rape and mutilation of 17-year-old Anene Booysen, who was found disembowelled at a construction site in Bredasdorp, has scarred the South African society. This gruesome act brought back memories of a number of high-profile infant rapes 12 years ago that have also scarred the South African society.

In 2001, a nine-month-old baby was raped by six men aged between 24 and 66; a four-year-old girl died after being raped by her father; and a 14-month-old girl was raped by her two uncles. In February 2002, an eight-month-old infant was reportedly gang-raped by four men. The infant's injuries were so brutal that she required extensive reconstructive surgery to rebuild urinary, genital, abdominal or tracheal systems. One has been charged, but the outrage that we feel is nothing compared with the physical and psychological suffering of the victims.

Women's rights are human rights. Our Constitution has provided women with various legal developments in an attempt to protect women in the areas of domestic violence and sexual offences. In spite of these mechanisms, it was recently reported that South Africa is a leader in violence against women. The findings of this study by the Medical Research Council on Gender and Health Research Unit supports the Interpol study that revealed that South Africa leads the world in rapes.

Official statistics show that around 65 000 sexual offences were committed in South Africa last year alone. Contrary to what the Minister of Justice and Constitutional Development perceives as a decrease in sexual offences, rape statistics have gone up instead of down over the past five years. In 2006, there were 55 000 reported rape cases. There are an estimated 450 000 rape cases that go unreported.

If one were to use the "test for civilization", espoused in the 1954 Women's Charter and Aims, these statistics in relation to violence against women indicate that South Africa would still not be considered a civilised nation.

According to the 1999 to 2009 longitudinal study conducted by a Medical Research Council team, South Africa is at five times the global rate of female homicides overall. One in every four women in South Africa is regularly battered by her husband, partner or boyfriend.

The Department of Justice and Constitutional Development also estimates that one out of every four women in South Africa is a survivor of domestic violence. At least one woman is killed every six days by her male partner, and one in every six women is murdered by her male intimate. About 41% of female homicides are perpetrated by the woman's spouse or partner. These figures indicate that just under half of all the women killed in South Africa lose their lives at the hands of the men who they know, and who are supposed to love them.

On intimate partners' violence, a global study is going to come out very soon and South Africa is going to be one of the leaders. How do we address the rape and femicide pandemic? The United Nation's Human Rights Council's Chief, Navi Pillay, expressed her shock at the rape and murder of Anene, and said, and I quote:

While welcoming strong reactions from President Jacob Zuma ... it should not have taken this particularly atrocious case ... to underline the urgent need for a more thorough response across the whole spectrum of South African society to tackle the root causes of this pandemic of sexual violence.

Thank you. [Time expired.] [Applause.]

Ms L L VAN DER MERWE: Hon Deputy Speaker, in the weeks since Anene Booysen's horrific murder, as many as 82 000 women have been raped. The statistics around gender-based violence in South Africa is hard to comprehend.

More than 64 000 rapes were reported in 2012, but it is said that 90% of rapes go unreported. Thus, a woman was raped in South Africa every minute of every day last year. Only 6 000 cases were finalised through our courts, and only 4 000 were prosecuted. So, where is the justice for the other hundreds of thousands of women whose lives have been ripped apart last year?

Justice won't come from our courts until we acknowledge that gender-based violence is a crisis, and unless deal with it as a crisis, the crisis will remain.

We laud the reintroduction of sexual offences courts. But why were they closed in the first place? Will they face the same fate as the family violence and child protection units that were reintroduced, but without the necessary resources to do their work? How many rapes does it take to prove bad planning, bad decisions and bad leadership? We are failing South Africa's women, forcing the vulnerable to face this crisis alone.

Last week, President Zuma thanked many civil society organisations for their good work done. Yet, centres like Rape Crisis struggle to keep their doors open, relying on foreign funding. Many NGOs that help the most vulnerable are struggling, yet government turns a blind eye.

The huge gap between what is said and what is done still remains. We have the legislation, we have the Constitution, but within our communities the dignity of women is undermined. Girls are sold into prostitution and our grandmothers live in fear.

For 37 years, the IFP has championed women, promoting gender equality and protecting family values. We understand the influence of families and community values on children. We believe boys should be raised to protect and value women, and girls should be raised to respect themselves.

The IFP believes we can build a society in which gender-based violence cannot happen; in which violence itself is unthinkable. Next week, the IFP Youth Brigade will take to the streets with the message on violence. That is where we must begin to resolve this crisis, by speaking out and providing leadership. We need a national debate on the values that should inform our society. Moral regeneration has become an imperative. It is time to declare war on the abuse of women and girls.

We applaud Lead SA for suggesting a pledge in our school assemblies, for we need pragmatism, not theory. We need prevention as well as intervention. Let's make nonviolence a cardinal theme in crèches, schools and community centres; and let this be part of a massive, permanent public education campaign to radically shift social behaviour regarding domestic violence.

The IFP challenges government on commit part of its Budget tomorrow to this campaign to end the culture of rape in South Africa. The government has a responsibility to lead the charge with responsive state organs that are vocal agents for change.

We cannot have the Commission for Gender Equality achieving only half its targets, or a newly-established National Council Against Gender-Based Violence quietly waiting to speak. We cannot have rape treated as a joke at police stations.

Women deserve a committed and cohesive response to what is a national crisis. For the sake of our mothers, our daughters and our sisters, the violence must stop. I thank you. [Applause.]

Mr L W GREYLING: Hon Deputy Speaker, I abhor violence in all its forms and I have found myself struggling to reconcile the pride that I have for my country with the horror of the violence that is perpetrated against South African women on a daily basis. This cycle of violence has to stop, and we must do everything in our power to break it.

At the outset, we need to understand that violence against women is part of a continuum that starts with sexist attitudes and utterances. Even in this esteemed House, we have been exposed to sexist statements, such as calling a political leader "a little girl". Utterances like this are an attempt by men to put women in their so-called place, a practice that needs to be resisted if we are going to provide leadership to our people in fighting the scourge of patriarchy. Sexism, like racism, is something that needs to be unlearnt if we are going to build the kind of society that is envisaged in our Constitution, and it starts here, hon members.

Our children also need to be taught that power is not a zero-sum game; that you cannot acquire power through making somebody else feel powerless. We need to ensure that life skills workshops in our schools forcefully drive this message home. At the same time, we need to ensure that our justice system affords women the protection they deserve instead of the all-too-often experience of inflicting secondary trauma on them.

What is needed now is not new legislation, but rather the comprehensive implementation of our existing legislation. The Domestic Violence Act is rightfully lauded as an extremely progressive piece of legislation, but it requires political will and sufficient budget to ensure that it achieves its aims. A recent study into shelters for women who have suffered domestic violence has revealed that the state only contributes R30 per day for a woman and her children at a shelter, whereas it spends R313 per day on each of our prisoners. This is a sad indictment of our government's priorities.

In 2009, the Department of Social Development made a commitment to establish and improve two shelters annually in each province for five years, but to date no new shelters have been established. The primary reason for this is that this government has simply not put its money behind its lofty rhetoric. Another representation of our skewed priorities is that courts were speedily erected for the World Cup, but our Justice Minister called on women to have patience when it comes to the re-establishment of sexual offences courts.

Expressing our outrage in this House will do nothing to help the women of South Africa out there. What is required is sustained political will, budgetary resources and political leadership that is truly committed to fighting patriarchy in all its guises. This government will be judged not by its words, but by its actions in this regard. I thank you. [Applause.]

Mr S Z NTAPANE: Hon Chairperson and hon members, we often hear that the rate of sexual offences in South Africa is among the highest in the world. The horrendous rapes reported in the media recently have pushed us even higher up on this scale. It almost seems unreal that a young South African woman can be gang-raped, horrendously mutilated and murdered. Approximately two weeks ago, we woke to the tragic news that a woman had been gunned down by her boyfriend on Valentine's Day, of all days.

The increase in the extremely violent rape and abuse of both young and old, boys, girls and women in South Africa raises serious concerns about how we as citizens of this country perceive each other and the amount of respect that we have for each other. On 16 December 2007, this Parliament enacted the Criminal Law (Sexual Offences and Related Matters) Amendment Act, which has been referred to by the hon Minister, to deal harshly with sexual offences. Despite this piece of legislation and this important achievement, sexual offences seem to be on the rise in this country.

Anene Booysen's unspeakable rape and murder and the tragic death of Reeva Steenkamp have brought this subject of gender-based violence to the fore because of the extremely violent nature of their deaths. However, there are thousands of victims out there we never hear about, whose cases slip between the cracks of the justice system.

These tragic incidents clearly show that there is something wrong with our men, who appear prone to anger and violence against women. They also highlight the fact that gender-based violence cuts across racial, cultural and religious barriers. As one of our sister opposition parties put it recently in this House, "It seems we are a nation at war with itself." Those are the words of the hon Rev Meshoe.

The UDM believes that we need to prioritise sexual offences, both in word and deed, if we are to arrest this problem. In this regard, we were very happy to hear that government is in talks with the judiciary to have sexual offences cases placed on a prioritised roll. We should adopt a zero-tolerance approach towards any form of violence against women. Criminals should face harsh sentences, and on the other hand, government must bolster programmes that support the victims. I thank you.

Mr P J GROENEWALD: Agb Voorsitter, terwyl ek vanoggend hier na die Parlement toe ry, lees ek die koerantplakkaat, "Girl, 2 years, gang-raped". Ek moet vir u sê ek was skaam om te dink ek is deel van 'n gemeenskap waar 'n tweejarige dogtertjie deur 'n bende verkrag word. Ek sê toe vir myself ons het 'n verrotte gemeenskap. Ons kan dag en nag daaroor praat, maar die vraag is, wat word gedoen?

Dit is skandalig, en dit is 'n skandvlek vir 'n volk, vir 'n nasie, as hy kort-kort in sy koerante moet lees van tweejarige dogtertjies wat verkrag word. Wat gaan aan?

Ek wil vir die agb Minister van Basiese Onderwys die volgende sê ... (Translation of Afrikaans paragraphs follows.)

[Mr P J GROENEWALD: Hon Chairperson, while I was on my way to Parliament this morning, I saw a newspaper poster, "Girl, 2 years, gang-raped". I need to say to you that I felt ashamed to think that I am part of a community in which a two-year-old girl is raped by a gang. Then I told myself that we have a rotten community. We can talk about it day and night, but the question remains, what is being done?

It is scandalous, and it is a disgrace to a people, to a nation, if it has to read regularly in its newspapers about two-year-old girls being raped. What is happening?

I would like to say the following to the hon Minister of Basic Education ...]

You say we need a new breed of men? I say we need a new breed of men and women, because we have a responsibility. The children are the products of the parents. Do we still teach our children the basic value of respect?

As ons dit doen, sal ons nie skaam vir 'n verrotte gemeenskap hoef te wees nie.

Die agb Minister versprei kondome op skoolvlak. Minister, toe ek op skool was en die hormone hoog was, is ek geleer om respek te hê vir die ander geslag ... [Tussenwerpsels.] ... en het nie vrye toegang tot kondome gehad om dan net myself oor te gee aan my drange nie.

Dit is deel van die probleem, maar uself is deel daarvan. Ek wil vandag vir u sê hierdie probleem is nie net die regering se probleem nie. Dit is 'n gemeenskapsprobleem.

Dit is ook onaanvaarbaar as ek die volgende in 'n koerant moet lees. 'n Vrou bel die polisie omdat haar mansvriend haar klap, maar sy word gearresteer. Sy word die nag in 'n sel toegesluit, drie polisielede verkrag haar, en die volgende dag word sy net vrygelaat sonder 'n klag! Dit is 'n ernstige aanklag teen die regering en die polisie – maarnie almal in die polisie is so nie.

As ons in 'n gemeenskap is waar dogterjies van twee jaar verkrag word, en waar vrouens hulle moet beroep op die beskerming van die polisie, maar dan gearresteer en verkrag word, agb Minister, dan het ons nie net 'n verrotte gemeenskap nie, ons het ook 'n verrotte regering. Ons sal ons huis in orde moet kry. Ek dank u.

AGB LEDE: Hoor, hoor! [Applous.] (Translation of Afrikaans paragraphs follows.)

[If we do that, we need not be ashamed of a rotten community.

The hon Minister distributes condoms at schools. Minister, when I went to school and hormones soared, we were taught to have respect for the opposite sex ... [Interjections.] ... and we did not have free access to condoms just to surrender to one's urges.

That is part of the problem, but you yourself are part of it. I would like to say to you today that this problem is not only the government's problem. It is a problem of the community.

It is also unacceptable if I have to read the following in a newspaper. A woman phones the police because her male partner slaps her, but she is arrested. She is locked in a cell overnight, three members of the police force rape her, and the following day she is simply released without any charge! It is a serious indictment against the government and the police – but not everyone in the police force behaves like that.

If we find ourselves in a community where two-year-old girls are being raped, and where women have to depend on the protection of the police, but are then arrested and raped, hon Minister, then we not only have a rotten community, we also have a rotten government. We will have to get our house in order. I thank you.

HON MEMBERS: Hear, hear! [Applause.]]

Rev K R J MESHOE: Hon Chairperson, according to Indian police figures, New Delhi has the highest number of sex crimes among India's major cities, with rape reported on average every 18 hours. According to media reports, in South Africa, 144 women are reported to be raped, which means that six cases are reported every hour.

If one looks at these figures, mindful of the fact that according to the SA Medical Research Council's latest research only one in 25 women in Gauteng report rape, this makes it a major crisis that the country is facing.

I was shocked when I saw a media report saying, and I quote:

In the seven weeks since a young Indian woman was gang-raped in Delhi, prompting headlines around the world, there have been at least 9000 rapes in South Africa, making it 9000 in seven weeks.

Reports that South Arica is the rape capital of the world seem to be a fair reflection of the reality on the ground. The results of a survey done by the SA Medical Research Council in 2009 reported that one in four men admitted to having raped a woman and 46% confessed that they had raped repeatedly. This is indeed depressing and disturbing.

Another SA Medical Research Council study found that a woman is killed by her intimate partner every six hours, which is the highest rate that has ever been reported in research anywhere in the world.

To try and protect the elderly, particularly grandmothers, from cruel and brutal rapists, the KwaZulu-Natal department of social development has resolved to construct adult day care centres where people can drop off their grannies on their way to work and then pick them up later. Grandchildren who are attending schools would also be encouraged to leave their grannies in these centres that operate like crèches.

Although we applaud the member of the executive council, MEC, of the province and her department for her attempt to address a very serious problem, the ACDP does not believe this is the ideal way to solve the problem of violence against the elderly people. The biggest problem we have as a nation is that criminals in this country do not fear consequences. For as long as criminals do not fear the arm of the law, they will continue terrorising our communities, particularly the most vulnerable, who are women and children.

The ACDP believes that the family, which is the most important building block of any healthy society, should be prioritised in policy and planning to ensure that they receive help and support. When families disintegrate, then the results are tragic, embarrassing and horrific. We are already witnessing this in our country. Violence against the most vulnerable, that is, the elderly, women and children is increasing. Loss of respect for life and authority is also evident.

The ACDP has warned for years that the legislation legalising abortion on demand, which targets the tiniest and most vulnerable babies, would erode society's conscience and respect for life would all but disappear.

The ACDP calls on government to start prioritising families. We should empower and strengthen families as they care ... [Time expired.]

The DEPUTY MINISTER OF POLICE: Chairperson, Ministers present here and Deputy Ministers, Members of Parliament and our guests in the gallery, in less than a week's time a South African delegation will be attending the 57th session of the United Nations Commission on the Status of Women, UNCSW, and inevitably our country will be in the spotlight, unfortunately not so much of a glorified spotlight, if I may say so, but sadly a gory one.

The latest obscene and brutal sexual violence perpetrated against women and children in our country has prompted the President to instruct all law enforcement agencies to treat these cases with the utmost urgency and importance. On behalf of the Minister of Police, we pledge that the police will have no mercy when dealing with these heinous criminals.

Chairperson, already the SAPS Family Violence, Child Protection and Sexual Offences Units, FCS, are proving to be a necessary thorn to these brutal and heartless criminals. There are 176 established FCS units in the nine provinces. We are also beefing up the capacity in these units. For instance, 200 forensic social workers have been trained to deal with crimes against children in order to provide expert evidence in court. Since the re-establishment of these FCS units in 2010 by the Ministry of Police, there were combined sentences of 36 225 years' imprisonment, and 695 life imprisonments. The forensic science laboratory provides specialised technical analysis and support to investigators regarding evidence on gender-based violence.

The Department of Police also conducts other operations that include crime stop and missing persons' awareness and information-sharing campaigns with communities, schools and churches in an effort to curb this scourge. During the reporting period, 1 April 2012 until 31 December 2012, about 385 campaigns were conducted. Future activities include hosting talk shows in the media to educate the community, a joint awareness campaign with the National Prosecuting Authority, NPA, and enhancing victim support services provided in the victim-friendly rooms. The Department of Police will support the initiative of reopening the special courts for sexual offences, as mentioned by other members.

Linked to the above progress is the revamp of our recruitment and related training of our new police students. Not only are police students now trained for two years instead of the previous six months, but the Basic Police Development Learning Programme now also includes the topics victim empowerment, child justice, human rights, domestic violence, and the Act on sexual offences.

We can affirm to the House that all learning areas in the Academy phase now allow both trainees and trainers to be able to link the academic theory with the tactical training for a better understanding of effective and efficient policing. We are not stopping there to improve on our policing. We have also realised that our own police officers have been involved in infanticide cases. Yet, we have programmes health and wellness for our police officers.

Chairperson, most importantly, as the SAPS, we realise that building an in-house gender equality and preventing gender-based violence cannot be only a women's issue; it must be a human issue, which then must also involve men and boys. That is why we have supported the initiative started by male police officers in the Department of Police, the SAPS' Men for Change.

The SAPS' Men for Change is a network within the Department of Police that seeks to understand gender equality in order to contribute to the discussions on how men can get involved in building towards gender equality and dismantling gender-based violence. The SAPS' Men for Change believe in the philosophy that says: You can't be part of the solution until you understand how you are part of the problem. This philosophy applies to all of us – government, civil society, business, community, faith-based organisations, traditional leaders and, indeed, the police themselves.

It is a fact that police can never ever fight this kind of crime alone, because it involves a host of other factors and contexts. For instance, there are environments that enable gender-based violence, which will never be easily accessible to police officers to swiftly enact the law against these perpetrators, for example crimes that happen behind closed doors. Cosatu has also reiterated this fact in its memorandum delivered during its antirape and abuse rally. The memorandum said:

We cannot have policemen or police women in every street. We need to watch over each other. We need to take our streets back from the criminal minority.

Chairperson, the vision of "working together, we can do more," as manifested by the ANC-led government in 2009, is surely now being made more visible. The establishment of the National Council Against Gender-Based Violence is a step forward in addressing gender-based violence and its root causes, and this is where we are urged by the President to make sure that the newly formed Council Against Gender-Based Violence becomes an effective co-ordinating structure that will make the campaign of fighting violence against women and children an everyday campaign.

For this, the council will have to obligate us as leaders to observe one fundamental aspect, namely that to fight violence against women and children efficiently, we need to take compassionate action and create peaceful, healthy relationships, peaceful families and empowered communities. Yes, people might ask: Why establish a national council whilst we already have such progressive policies and legislation in place to fight abuse of women and children? The answer to this, Chairperson, is this: The environment I have already mentioned as hindering and humiliating women and children forces us to recognise that gender-based violence undermines not only the safety, dignity and human rights of the most vulnerable of our society ― that is women, children, the elderly and people with disability ― but it also undermines public health, economic stability, and the general welfare of our nation.

Therefore, it is of paramount importance that we have effective collaboration between the police and all structures within the community. For instance, we desperately need proper representation of police components in the Community Police Forums, CPFs. A well-structured CPF will definitely include the head of the FCS, the head of the Detective Unit and, of course, the station commander himself or herself. The introduction of the CPF was also to help the democratic government to align the values of the police organisation with those of a democratic South Africa, aiming at producing police officers who can interact sensitively with their communities and in a manner that respects local norms and values - above all the human rights of everyone. Chairperson, in order for community structures such as CPFs to make a huge difference in the efficiency and effectiveness of the SAPS, they must start to play an active and innovative role in earnest in the implementation of sector policing.

Chair, the ANC-led government introduced sector policing because it was a policing method targeting small, manageable geographical areas within a policing precinct, involving all role-players in identifying the particular policing needs in each sector and addressing the root causes of crime as well as the enabling and contributing factors of crime. Sector policing ensures effective crime prevention to reduce the levels of prioritised crimes within the community and to improve community safety. The above definition of sector policing is a clear and unambiguous acknowledgement that there is an inevitable or a natural police limitation in curbing crime.

This limitation is not because the police are incompetent, as said by previous speakers here, or that there are not enough funds for crime-busting resources. The truth is that most of the crimes committed in South Africa are crimes arising out of factors over which the police have little or no control whatsoever. Factors that stimulate crime, as I had earlier mentioned, such as poverty, unemployment, gender inequality, and a decline in the standards of morality or moral fibre, have nothing to do with the core mandate of the police per se, but increasingly the police are called to curb violent service delivery protests, labour strikes, and indeed domestic violence, including the molestation of children – and we acknowledge what the police is doing.

The reality is that police officers today face a society in which parents fail to raise their children appropriately as law-abiding citizens. Today, we are saying all sectors of the community, such as family, school, religion, traditional sectors, and peers must be effectively represented in the National Council Against Gender-Based Violence and in all other working structures, such as CPFs, to curb this scourge. The important role that these informal instruments and structures of social control play in keeping the fabric of society intact, which are represented by the traditional institution of ethical values, needs to be recognised, and they must not be allowed to crumble.

This can be achieved only if the established instruments, such as the National Council Against Gender-Based Violence, acknowledge that communities are comprised of many different people, each with his or her own skills, views and innovative ideas that can make a huge difference in the sector. Sector policing can only be effective if instruments such as the National Council Against Gender-Based Violence and CPFs help the police to adapt the policing and operations according to sector dynamics. These dynamics can only be known by local people who come from families and faith-based organisations. Therefore, as a country, we need a multiyear and multilayered strategy to effectively respond to and prevent gender-based violence.

In this instance, we commend the Department of Justice and Constitutional Development for the establishment of the Thuthuzela Care Centres, where different departments, such as Police, Health, Social Development and other sister departments, are collaboratively providing necessary services, such as counselling and safety and justice to our most vulnerable groups ― women, children, and elderly people. Coupled with the establishment of these care centres is the necessity to review our policy, legislation and strategies to ensure that our government's priority to ensure that all people living in South Africa are and do feel safe, is continuously being realised fully. For example, the White Paper on Safety and Security is soon going to be tabled in Parliament – Ntate Moruti [Reverend], your committee – to begin with public hearings. This policy review is to make sure that our strategies and programmes properly articulate the safety needs of our people. In this instance, the SAPS programme of building police stations in rural areas must be aligned with the SAPS Rural Safety Strategy.

To successfully build police stations in these areas, we need a co-ordinated strategy between the SAPS, Public Works, and other stakeholders. We also need to address, with other government departments, inhibiting factors such as the environmental design of rural environments, suburbs and informal settlements, no street lights, unclear identification of residences and road conditions, etc. As collaborating government departments, we thus must find a broader notion of safety and security that is not only defined in policing terms, but in terms of the security of women and children that is defined in human terms.

What we mean by this notion of human terms is that government, civil society, faith-based organisations and all other stakeholders have to quickly consolidate all single and scattered efforts to address gender-based violence from various stakeholders into one concrete and visible vision, mission and impactful outcome for the whole nation. Gratefully, we have been told that South Africa will no longer celebrate 16 Days of Activism, but 365 Days of Activism, just as our President has directed us. This is indeed a perfect start to a consolidated effort. For if good law-abiding citizens, the residents of this country, keep their mouths closed to injustice for the rest of the 349 days, then they are not only allowing the gender-based violence to continue, but they are also enabling it and making it easier for the perpetrators to continue the heinous scourge.

The National Council Against Gender-Based Violence's mandate will not be a substitute for current progressive legislation that addresses the abuse of women and children, but this council must affirm, endorse and re-enforce the implementation of these laws by making sure that all stakeholders, especially the survivors of violence themselves, are fully engaged to transform the abusive environment. The transformative laws enacted by government, the honest advocacy of all civil society for these laws, and the willingness of victims to voice their stories on gender-based violence, are the connection between government and the people it serves, connecting in a way that no speech by a politician or a project by a single nongovernmental organisation connects.

Chairperson, as I have mentioned already, the police are trying very hard to reduce the rate of this crime against women and children by strengthening the FCS units, reskilling the detectives for higher conviction rates and harsher sentences and indeed discouraging victims to drop charges against perpetrators. We must, as Members of Parliament, also play our part; we must embark on campaigns. The issue of cases being withdrawn by victims creates the impression that we as the cluster are failing, whereas the problem is within the community.

Although the registration of the sexual offenders resides under the custody of the Department of Justice and Constitutional Development, the SAPS is utilising the register for new investigations and vetting purposes. Ultimately, though, the best agents of change to stop sexual and gender-based violence are the families, the communities, the citizens, and the survivors themselves. The National Council Against Gender-Based Violence needs to quickly develop ways to fully engage these critical stakeholders, to work together with government against gender-based violence.

As the Ministry of Police, we reiterate that we support fully the initiatives of the National Council Against Gender-Based Violence, and we pledge our active participation as one of the stakeholders to combat and prevent all types of violence against women and children. Gone are the days where violence against women and children will be treated as a private matter, with deafening silence and thus as a lesser offence in the eyes of the law. As police, we are pledging that, with the existence of the FCS units across the country, victims will never again suffer in silence.

Never again will our vulnerable groups live in fear in their own houses as the police will never be able to fight this scourge alone ― we need everybody, Members of Parliament and the communities ― because these rapists, perpetrators, live within the communities where we live and where our constituencies are. The police are playing their part, but let us not forget that the police are human beings. Especially if they are working very hard, they will definitely make mistakes. Thank you. [Applause.]

Mr M WATERS: Chairperson, I would like all members of this House to think back to their last birthday and think of the following: What colour underwear were you wearing on your birthday? At what time and in what sequence did you receive your presents? Who gave you a kiss and shook your hand to wish you a happy birthday?

How many of you can answer all three questions correctly? I don't think many of us can, if any, yet we expect children aged two, three and four years to remember the colour of the underwear they were wearing the day that they were raped. We expect them to remember what time of the day it was and the sequence the rape took place; this, hon members, being a day that was not a happy occasion such as a birthday, but a day they all wish to forget.

I took the liberty of quoting from a speech I delivered in this House on 15 October 2002, a decade ago, in a debate on child abuse. Sadly, I am able to repeat this section of the speech because it still applies today.

In another speech a year earlier, on 14 November 2001, I said, and I quote:

Through history, it had been the inaction of those who could have acted, the indifference of those who should have known better, the silence of the voice of justice when it mattered most, that has made it possible for evil to triumph over good.

With those words, members of the government must begin to recognise themselves for they have either failed to act decisively to prevent child abuse, acted indifferently towards the issue by not giving it the priority or budget that it deserves or have assisted through ill-conceived policies to create a state where justice is merely a word. The result, hon Chair and members, is a state of evil.

I said it is a state of evil, because the brutal rape, mutilation and murder of a 17-year-old child is evil; the rape, murder and stuffing of an 18-year-old into a drawer is evil; and the daily reporting of gang rapes of women across our country is evil.

We have witnessed a decade of missed opportunity by this government, which includes several U-turns on policy. The first U-turn came with the dismantling of the specialised police unit, namely the Family Violence, Child Protection and Sexual Offences Unit, FCS unit, which resulted in the obliteration of these centres of excellence. We also witnessed another U-turn in the policy with the closing down of the sexual offences courts.

The DA welcomes the reintroduction of the FCS units and sexual offences courts. We are concerned about the vacuum in as far as details are concerning how and where these sexual offences courts are to be re-established.

Policy experiments, dithering, window-dressing, indecisive action and nonprioritisation of child and woman abuse have resulted in a decade of wasted opportunities. At best, we are exactly where we were ten years ago. I would say that we are in a worse position than where we were ten years ago. This debate is a shame on the government for not doing all that it could and with what it had to protect our children.

The Children's Act is one of the most comprehensive pieces of legislation we have and is supposed to ensure that all vulnerable children are protected from harm, either by removing them from danger or through interventions in their homes. In order to reach every vulnerable child, the Act has to be implemented through "foot soldiers" commonly known as social workers.

Hon members, you should be aware that the most comprehensive and costly report - and I have it here in my hand - of any Bill was conducted for the Children's Act and it clearly stipulates that in order to implement the Act properly, not cutting corners or services to children, we would need 66 329 social workers for the Children's Act alone.

Currently, we have a total of 16 740 registered social workers, not all of whom are working with the Children's Act. Some are working with the Older Persons Act, for example, whilst some are with Correctional Services and some are in private practice. Then also, some are registered, but not working at all.

So, if we take all 16 740 registered social workers in the country and assume that they are working with the Children's Act, we are still understaffed by 75% or just under 50 000 social workers for one Act.

It is little wonder that we cannot identify the children that are in need of care and protection. Thousands of children are left to fend for themselves because this House has failed to ensure that the necessary financial resources are allocated to the training and employment of social workers. I remember that the decade of denialism on HIV/Aids resulted in our having over 2 million maternal orphans and 900 000 double orphans in this country.

In addition, the Department of Social Development has failed to develop a comprehensive plan on how we are to achieve the target of 66 000 social workers. It is clear that the luxury presidential jets, new ministerial cars, furniture for Ministers and, of course, Ministers' and presidential safety and comfort take priority over our children's safety.

Where is the Minister of Social Development today? She is in Potchefstroom attending a council meeting. Is it because it is more important than being here, debating child abuse? Where is the Minister of Women, Children and People with Disabilities? She is probably spending more money on furniture.

And where there were bursaries for young people to graduate as social workers, many are not absorbed into the department. One hundred and sixty-one graduates in the Eastern Cape are currently sitting idly at home, twiddling their thumbs, because the department cannot absorb them.

What we need from this government is a strong and unwavering determination through the allocation of resources. The general public is waiting for such a commitment. It is only through our determination as this House that we send a clear and strong message to any would-be child and woman rapist that we will no longer tolerate our children and women being victims. I thank you. [Applause.]

Mrs I C DITSHETELO: Hon Chairperson, it is with little doubt that this debate came forth as a result of the recent murders widely covered by the media, partly because of the extent of brutality attached and the celebrity effect. For that reason, I'd like to start off by conveying, on behalf of the UCDP, our deepest sympathy and condolences to the families of Anene Booysen and of Reeva Steenkamp: Your loss is ours.

The sad reality about the recently publicised murders is that this is not a case whereby, all of a sudden, there are cases of females being raped and that we are all shocked, dismayed and frantically looking for answers as this has never happened in our beautiful land. The sad reality is that this happens literally every day. Women across the country are raped and murdered daily, mostly by intimate partners, as well as complete strangers.

The media sometimes, and only sometimes, when they feel the story will scoop more sales, report on and sensationalise these cases, like as they did in Reeva Steenkamp's case. But when all that hype is gone, when they have moved on to another interesting story, someone's daughter, sister or grandchild would be left dead and recorded as a statistic. Humanity would have lost a flower, the earth would be grieving, families left to accept and deal with the reality of their loss, whilst the rest of the population carries on.

Considering our past, we are a nation with many differences, but also a nation that is capable of looking beyond those differences when it suits us and work together and passionately achieve outstanding results. Look how united we were for the Fifa World Cup. When shall we stand up and say we shall not have a woman murdered by a man again?

Why can't we work together and rid our society of this terrible scourge? Why can't we do it for our girl-children in all their innocence, do it for our mothers, do it for our future and the future of the generations to come? How long shall we beat around the bush, pretending that we do not know what has gone wrong when women are being killed every day by our own sons, brothers and uncles? What is it that has desensitised us so much to gender-based violence?

We all seem to be outraged by these recent cases. But how are we going to channel our rage to ensure that we pull this deadly plague off our country and our community? What does it take for us to act together? What will it take for men to recognise that their sisters, daughters, grand-daughters and mothers are the ones being violated every day, and that this needs to stop?

While we are all made to follow the details of Reeva's case, are we made to forget that decomposed body of 19-year-old Ge-Audrey Green, which was stuffed in a drawer under the bed in Scottsville? Are we thereby forgetting Charmaine Mare's torso, whose legs and arms had been cut off and her body burnt beyond recognition? How much outrage have we displayed over the pastor who allegedly raped a woman three times in a locked room? What have we said about the case of a man who raped and impregnated his 12-year-old stepdaughter? [Time expired.] [Applause.]

Mr R B BHOOLA: Chairperson, around the world, as many as one in every three women has been beaten, coerced into sex or abused in some other way, most often by someone she knows, including by her husband or another family member. One woman in four has been abused during pregnancy. Violence against women and children both violates and nullifies the enjoyment by women and children of their human rights and fundamental freedoms. It reflects and reinforces inequality between men and women and compromises the health, security, dignity and autonomy of its victims.

Violence against women has been called the most pervasive, yet least recognised violation of human rights in the world. In South Africa, three women are killed by their intimate partners every day. Yes, every day a woman is raped every seventeen seconds, yet only one out of nine reports the incident. The MF strongly believes that, unless we break the silence, criminals will be getting away in broad daylight. This kind of barbaric behaviour is unacceptable and must be dealt with decisively, as only a dismal 14% of the perpetrators are convicted.

We, as a country and society, need to tackle the scourge head-on. As Gandhi once said, if you have to wage a war for world peace, you have to start with the women and children of your land. Whilst the notion is that all men are not the same, only one man in about 250 000 will speak out against rape.

The gruesome gang rape and torture of Jyoti Singh Pandey, a medical student from New Delhi in India, shocked the world. We are also subjected to a wave of headlines on violence against women and children. Seventeen-year-old Anene Booysen's rape and murder was devastating and inhumane, an act that culminated in the biggest global campaign the world has ever witnessed. The MF strongly believes that we must take these perpetrators, throw them in jail, and then throw the keys into the ocean. We must consider more stringent laws that are more favourable to the protection, safety and security of women and children.

It is time for the whole country to rise up against the pandemic of rape and murder. Let us not forget that it is the responsibility of everyone who breathes South African air and lives on South African soil to fight this scourge. I am reminded of the prophetic and wise words in the Indian language, "Matha, Pitha, Guru, Deivum", which means that your mother is your first human god. Let us strive to build on the spirit of brotherhood and give true meaning to the words that my mother and child is yours and vice versa.

It is time we put an end to the killings of our elderly. Recently, a 69-year-old pensioner living in a wood-and-iron building in Ottawa, KwaZulu-Natal, was stabbed three times, resulting in her death. It is time to rise up; it is time for action. We need to fight this war together, committing ourselves to addressing the social challenges that prevail amongst communities so that we can ultimately deliver a safer environment for the women and children of our beautiful land. Thank you. [Time expired.] [Applause.]

Ms B D FERGUSON: Chairperson and hon members, let's talk about ubuntu. I am a person because of you, but the converse is also true. You are a person because of me and others. For me, it says that you take responsibility for who I am. However, I have to take responsibility for who you are. This is where we, as a society, have failed.

In 1994, our democracy held so much promise – the promise of freedom, peace, prosperity, security and much more. Today, we are constantly shocked by the levels of violence that our people are subjected to. The promise of peace and security remains unfulfilled. What has happened? Why has violence become endemic in our society? Why has our outrage not reached the proportions of that recently seen in India? How did we go from being the rainbow nation to being a nation in mourning?

I do not have the answers, but what I do know is that the moral fabric of our society is unravelling. We have become inured to the blatant disregard by some for the rule of law. Violence has become the currency with which workers negotiate. Schoolchildren – and they are just that – resort to violence as a means of conflict resolution. Domestic violence is how partners are subjugated. Gang violence is commonplace, and our embattled communities stagger from one violation to the next. The most vulnerable in our society, women and children, are daily under siege. Rape, mutilation and murder have become the order of the day. We have rape endemic to this country. More rapes are reported here than anywhere in the world. Why? What is the solution? I would posit that it is to return to family values.

The rainbow nation is really a synonym for the family, which is South Africa. Yes, in this country, we are all one family and, like families, we have differences, but ultimately we are one. Despite these differences, now is not the time for political grandstanding. The gravity of the situation demands otherwise. We need to stand united in the face of this onslaught. We must make ending the violence a national priority. We need our men and boys to stand up for a safer country. We, as guardians of this family, need to lead by example. If we do not set high standards for ourselves as leaders, how can we expect our people to behave any differently? We must, at every turn, be the example that our people follow.

The message that we should send out must be a powerful one. There has to be a return to the rule of law. The lawlessness that has gone unpunished should not be countenanced. Discipline and order have to return the workplace, to the institutions of learning, to our communities, and to our homes. No-one should feel that we are above the law. The Minister of Finance, in his Budget, must consider allocating meaningful resources to tackle this issue.

It is said that it takes a village to raise a child. The village now has to ensure the safety and wellbeing of the child. The concern for others should be fostered in our neighbourhoods, our communities, our towns, our cities and, ultimately, our country. We should return to the tenets of ubuntu, one of which states that ubuntu is inextricably linked to the values of and which places a high premium on dignity, compassion, humaneness, and respect for the humanity of another.

In conclusion, let the words of the Knights of Labor ring true for our government. In 1884, they stated – and some of you might be familiar with this – "the best government is one in which an injury to one is the concern of all". Thank you. [Applause.]

Mrs S V KALYAN: Chairperson, the topic under debate today is indeed a sensitive one, and I am glad that the dialogue has started.

Jyoti Singh Pandey from India and Anene Booysen from South Africa shared one thing: both were raped and died as a result of these heinous acts. The difference, however, between the two countries is the manner in which civil society, the media, and the government in India reacted collectively to Jyoti's attack. The reaction was such that the country felt and showed outrage to the point that the prime minister and Sonia Gandhi were present when her body was returned home. The question is why we in South Africa have become immune to the viciousness of the attack on Anene Booysen and, for that matter, Valencia Farmer? A few of us condemned the attack. The DA led a protest march to Parliament, and today life goes on. A debate of such importance is scheduled so late. It is not on public primetime television, and the attendance in the House speaks for itself.

Violent crimes like rape have become normalised in our day-to-day psyche. A neurobiologist says that because of the high frequency and brutally damaging gender-based violent crimes, the human brain adapts to violence, normalising it, and exclude basic human remorse. Violence is a learnt behaviour. Babies are not born violent, but early childhood experiences, prolonged parental absences, substance abuse, and gang culture are some of the main contributory factors.

The DA would like the President to conduct public hearings on gender-based violence in all corners of South Africa. We should be focusing on prevention as opposed to intervention. I thank you. [Applause.]

Mr L T LANDERS: Chairperson, I enter this debate as a parent and, indeed, as a grandparent. I say this because any rape or murder of any child or person affects me as deeply as it does the immediate family members of that child or person. South Africans have become numbed by the pain of hearing and reading about the rape and murder of women and children.

We no longer experience shock and even our expressions of outrage are all but meaningless. We have plummeted to such depths of depravity that one needs to revisit Dante's Inferno in order to get a sense of where we are at. You would be forgiven for believing that we have returned to that stage of human development when men and women lived in caves with other wild animals and the only law was the survival of the fittest.

We read in the City Press over the past weekend of the rape of two two-year-old toddlers in Limpopo, allegedly by a 29-year-old man in one case and by a 22-year-old man in the other. Whilst it may be premature to speculate as to their guilt, one has to ask: What kind of human rapes an innocent two-year-old toddler? Would we be justified in referring to them as animals not fit to be called human, who are nothing more than beasts that prey on the innocent and vulnerable with depraved indifference?

It is time that the myth spread by certain individuals ― I am reliably informed that these include certain izinyanga and traditional healers ― that having sex with a child guarantees one's protection from Aids, be debunked. It is at times such as these that we have to reflect on the state of South African society.

It is my view that the solution to our challenges and our problems begins at home. As parents, we must teach our children the difference between right and wrong. We must teach particularly our boys or male children that a woman and her body is sacrosanct, as sacrosanct as that of their grandmothers, mothers, and sisters.

Sometime last year, the media reported on a United States Peace Corps volunteer who had abused five KwaZulu-Natal girls, including orphans. It is important to note that, in my view and in the view of millions of South Africans, our justice system is very highly regarded, despite the many challenges, some of which have been highlighted today. It is disturbing and alarming to read that a United States Peace Corps volunteer, Jesse Osmun, appeared in the US District Court in Hartford, Connecticut, and not in a South African court. Admittedly, Jesse Osmun pleaded guilty to engaging in illicit sexual conduct with children and faces up to 30 years' imprisonment in a US federal prison. The point, however, is that the crimes were committed on South African soil and Jesse Osmun should have been tried in a South African court, in terms of South African law, and he should serve time in a South African prison.

We want to know who agreed to the arrangement that Jesse Osmun should not be tried in the jurisdiction where he committed his crimes and horrendous acts against innocent unsuspecting children. [Applause.] We will be asking these questions of the National Prosecuting Authority. We are told in the Daily News of 13 August 2012 that ―

Osmun was on an assignment at the Umvoti Aids Centre in Greytown last year, when he abused five girls aged between three and five years old.

It is a matter of record that numerous pieces of legislation have been approved that focus on the marginalised position of women and children, with specific emphasis on their advancement, and protection from all forms of abuse. These statutes were intended to come to the assistance of women and children directly or indirectly in their fight against abuse and domestic violence or inequality. We touched on some of these.

In 1995 Parliament approved the Criminal Procedure Amendment Act, which brought about comprehensive changes to the bail laws and set out comprehensive guidelines for the courts to take into consideration when deciding what is in the interest of justice; and that an accused person be kept in custody pending the finalisation of his or her trial. Many of these guidelines have a bearing on violence against women and children.

All members are aware that in 1996 the Commission on Gender Equality Act was enacted and the Commission on Gender Equality was established. In 1997 the Divorce Courts Amendment Act opened the then black divorce courts to all races, giving women access to less costly divorce proceedings and making it easier for many women to walk out of an abusive marriage or relationship.

In 1997 the Criminal Law Amendment Act was approved by Parliament, its primary provision being to deal with the death penalty. The Act also provides for the imposition of minimum sentences in respect of certain serious offences, for example, murder and rape. These sentences are more severe in certain circumstances, for instance, when the death of a woman is caused by a person in the commission of a rape or attempted rape, or where the rape victim was raped more than once, or where the rapist has previous convictions for rape, or where the victim is under the age of 16.

I have no need to refer you to the Witness Protection Act or the Prevention of Organised Crime Act of 1998. You have heard about the Domestic Violence Act, which was enacted in 1998. So there is no need for me to refer to that particular statute.

We move on and come to the Criminal Law (Sexual Offences and Related Matters) Amendment Act. It has included sexual offences and introduced measures that are aimed at addressing the plight of certain vulnerable groups. It requires a co-ordinated approach by all government departments in dealing with matters relating to sexual offences. The law relating to sexual offences have been modernised by, amongst others, the repeal of the common laws sexual offences, such as rape and indecent assault, and the replacement thereof with new statutory offences.

The common law offence of rape, for example, provided that only a male could commit the offence and the victim could only be a female. The law now recognises that both males and females commit this crime and that both males and females can be victims of the crime. Indecent assaults have also been repealed and replaced by the statutory offence of sexual assault applicable to all forms of sexual violation without consent. Other forms of sexual violence have been addressed to the extent that it is an offence, amongst others, to compel a person to witness a sexual offence being committed against another person such as a family member or friend.

A complete ban has been placed on using children or persons who are mentality disabled for purposes of prostitution, and anyone involved in any manner in the sexual exploitation of these vulnerable persons face criminal prosecution. Persons who commit consensual sexual acts with children under the age of 16 years are also subject to criminal sanction.

The Act also affords victims of sexual offences access to certain medical services, including access to post-exposure prophylaxis, and further regulates the right to apply to court for an order that alleged perpetrators be tested for HIV.

A national register for sexual offenders is being established to maintain a record of persons who have been convicted of sexual offences against children or persons who are mentally disabled. The information contained in this register will be used to inform employers, licensing and other authorities whether or not the particulars of certain persons have been included in this register. This mechanism will assist in prohibiting these persons from gaining access to vulnerable persons by means of different forms of employment or self-employment.

The Protection from Harassment Act provides for the granting of a protection order against harassment similar to the protection orders in terms of the Domestic Violence Act. Since the existing civil and criminal law framework does not provide adequate recourse to victims of stalking who are not in a domestic relationship, this Act must still be put into operation. Regulations and directives which are required to supplement the Act are currently being finalised.

We have heard statistics and government being bashed; we have received or heard very few proposals that seek to find solutions. Well, we were affording you an opportunity to provide those solutions. That is why we called the debate. [Interjections.] No, no, no! Now listen, and listen carefully. I want to read to you a letter from Dr Cleeve Robertson, an emergency physician and retiring head of the Emergency Medical Services in the Western Cape. He writes thus in the Daily News of Monday 25, February 2013. Dr Robertson contends that violence is a learnt behaviour and that you are not born with it. He says the following:

Thirty-five years ago I walked into the trauma unit at Groote Schuur Hospital as a medical student and was faced with the horrible reality of violence in South Africa. The tragedy is that all these years later, although the weapons have changed, the levels of violence are, at least, as bad. South Africans are exposed to such levels of violence from birth. Violence is legitimatised politically, culturally or socially and it is normalised in sectors of society.

Listen very carefully.

The solution is a committed, cohesive response by the government and society to reduce exposure to violence at every level and opportunity. Violence in any form must become unacceptable. Pragmatism - not theory - and the culture of cheap sensational talk - the media must go through some self-examination too - must rule; and the government, nonprofit organisations and institutions must focus their collective effort on prevention rather than intervention by creating structures that promote peace.

You see, Dr Robertson was putting forward a solution. [Applause.] It is easy to come to these debates and say we are going to score points. The hon Mike Waters pointed out that certain key Cabinet Ministers were not present today. He is correct. But he also forgot to point out that the hon parliamentary Leader of the DA has not been present throughout this debate. [Interjections.] Do we draw from that that she does not care about gender-based violence? [Interjections.] The hon Ditshetelo makes a point when she asks an important but fundamental question: What does it take for us to act together? Just as the hon Bhoola makes the point: Let's fight this war together.

So, what is the way forward? The way forward, according to members of the DA, is to keep scoring points. Now ... [Interjections.] ... some of the solutions are with us; they are before us. I am saying this without having checked with the hon Annelise van Wyk; time did not permit me to do so.

The Bill providing for the collection of the deoxyribonucleic acid, DNA, for purposes of prosecuting crimes must enjoy priority. [Applause.] This is an appeal to members of the Portfolio Committee on Police. The compilation of the register for sex offenders, hon Deputy Minister Maggie Sotyu, must be speeded up, if that is possible. [Applause.]

Finally, the training of members of the SA Police Service in the very basic but fundamental act, which is securing the scene of the crime and the collecting of forensic and other crucial evidence, must enjoy priority. [Applause.] How does a warrant officer walk into a crime scene with his footwear unprotected? Do we assume from his actions that he has not been properly trained, or that he is doing it deliberately so that the perpetrator can get off scot-free? [Applause.] Mr Chairperson, finally I reiterate, the solution begins at home. Thank you. [Applause.]

Debate concluded.

The House adjourned at 17:47.

________

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

FRIDAY, 22 FEBRUARY 2013

COMMITTEE REPORTS

National Assembly

1. Report of the Portfolio Committee on Justice and Constitutional Development on the Criminal Procedure Amendment Bill [B26-2012] (National Assembly) – sec 75), dated 22 February 2013

The Portfolio Committee on Justice and Constitutional Development, having considered the subject matter of the Criminal Procedure Amendment Bill [B26-2012] (National Assembly) – sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B26A-2012].

Report to be considered.

CREDA PLEASE INSERT - T130222e-Insert1 – PAGES 274-298

TUESDAY, 26 FEBRUARY 2013

TABLINGS

National Assembly

1. The Minister of Women, Children and People with Disabilities

(a) South Africa's Second, Third and Fourth Periodic State Party Report to the United Nations Committee on the Rights of the Child for the period 1998 to September 2012.

Referred to the Portfolio Committee on Women, Children and People with Disabilities for consideration and report by 18 March 2013 and to the Portfolio Committee on Justice and Constitutional Development, Portfolio Committee on Social Development, Portfolio Committee on Health, Portfolio Committee on Home Affairs, Portfolio Committee on Basic Education and Portfolio Committee on Labour.

COMMITTEE REPORTS

National Assembly

1. REPORT OF THE PORTFOLIO COMMITTEE ON HUMAN SETTLEMENTS ON AN OVERSIGHT VISIT TO LENASIA, GAUTENG, DATED 22 FEBRUARY 2013

The Portfolio Committee on Human Settlements, having conducted a follow-up oversight visit to Gauteng on 1 February 2013 in relation to the demolition of houses in Lenasia, reports as follows:

1. Background

In terms of the Constitution of the Republic of South Africa of 1996 as well as Parliamentary Rules, the Portfolio Committee of Human Settlements (the Committee) has a responsibility to conduct oversight over any executive organ of State that falls within its portfolio. The Committee visited the Gauteng province in order to receive a proper presentation from the provincial Department of Local Government and Housing on issues around the demolition of houses in Lenasia. The Committee agreed to conduct a follow-up oversight visit to Lenasia to assess the progress report on the implementation of the recommendations of the oversight report of 19 November 2012.

2. Objectives of the visit

The objectives of the oversight visit were to:

· Conduct a follow-up oversight visit to Lenasia about the demolition of houses.

· Assess and determine the progress made on the implementation of the recommendations of the Committee after its visit to Lenasia on 19 November 2012 at Lenasia.

3. Delegation

3.1 Portfolio Committee on Human Settlements

The multi-party delegation consisted of Ms BN Dambuza (Chairperson of the Committee and leader of the delegation (ANC)); Ms G Borman (ANC); Ms AC Mashishi (ANC); Ms J Sosibo (ANC); Mr S Mokgalapa (DA); Ms P Duncan (DA); Mr R Bhoola (MF) and Mr K Sithole (IFP).

The delegation was accompanied by: Mr M Nyatela (Committee Secretary) and Mr L Tsoai (Committee Researcher).

3.2 Councillors from the City of Johannesburg

The City of Johannesburg Council was represented by Councillor Zarina Motala.

3.3 Officials from the Gauteng Legislature

The Gauteng Legislature was represented by the following officials from the legislature: Mr T Kepedise (Researcher); Mr M Masilo; and Ms S Mhlambi.

3.4 Departmental officials

The delegation from the provincial Department of Local Government and Housing was led by Mr M Mnyani (Head of Department) and accompanied by Ms F Koloko (Office Manager-HOD's office); Mr J Molefe; Ms N Mthembu; Mr S Mlotshwa; Mr M Radebe; Mr P Makhetha; Ms L Ngcobo; Ms S Mhlambi; Mr K Dlamini; Mr M Motlhaolwa; Mr PM Seipohi; Mr M Hadebe; Ms N Mathobela from the provincial Department of Local Government and Housing and Mr M Shabangu from the national Department of Human Settlements.

3.5 National Home Builders Registration Council (NHBRC)

The Council was represented by Mr T Mudai

4. Welcome remarks

The leader of the parliamentary delegation welcomed all present and expressed gratitude and appreciation to the MEC and provincial department for responding to the Committee's oversight initiative. She further acknowledged the presence of the representatives of the City of Johannesburg which demonstrated commitment to a collective effort in ensuring that this matter is resolved amicably. The leader of the parliamentary delegation further outlined the purpose of the visit, that is a follow-up on the oversight visit undertaken on 19 November 2012 to ascertain progress made by the national department to address human settlements challenges in Lenasia which were identified and on which recommendations were made.

5. Apologies

The Chairperson of the Portfolio Committee on Local Government and Housing of the Gauteng Legislature and all Committee members had submitted an apology since they were attending a class with PALAMA. The office of the MEC had also apologised on behalf of the MEC because the MEC was also attending a class with PALAMA.

6. Presentation by Head of Department of the Department of Local Government and Housing

The Head of Department (HOD) outlined a number of critical issues that the Gauteng Department of Local Government and Housing achieved as part of the progress in response to what emanated from the previous oversight visit and the recommendations made by the Portfolio Committee on Human Settlements.

The Head of Department presented a progress report. He further unpacked the progress report of the steering committee established to drive the intervention process.

The steering committee comprised representatives of the national department, provincial department, National Home Builders Registration Council (NHBRC), South African Human Rights Commission (SAHRC), City of Johannesburg (COJ), and community representatives. Amongst others, the task of the steering committee was to develop a framework document, laying out processes towards resolving the matter and generating recommendations to that effect.

The steering committee held about eight meetings with the stakeholders. The outcome of such meetings resulted in the development of an Intervention Implementation Framework with principles that would be applied by all stakeholders and would address the implementation of the various solutions identified to deal with the land invasion. The framework encompassed broad proposals by the South African Human Rights Commission and Lenasia South Extension 3 and 13, Ennerdale and Lawley Concerned Assoaciation.

The HOD reported that after the Committee visited Lenasia on 19 November 2012, the Minister also visited Lenasia and held a meeting with all stakeholders including South African Human Rights Commission. The HOD reported further that the provincial Department of Local Government and Housing was the custodian of land in the province and that properties in question were being managed in terms of the Gauteng Land Administration Act, Act No 11 of 1996 and its amendment of 2002 while any disposal of land is done through the Gauteng Land Disposal Policy of 2008.

Part of the challenges with managing the land was the high rate of land invasion, where people illegally occupied land and build structures on it, whether temporary or permanent. Some invasions were averted by departmental inspectors while other were not as they occurred overnight and on weekends when the inspection staff was off duty.

Due to the high prevalence of land invasions in Lenasia extension 13 and Lenasia South extension 4, the department took a decision to demolish unoccupied and incomplete structures in the latter part of 2012 following a court order granted in September 2010. As the demolition of the properties gained a lot of media attention, the provincial committee and the Minister of Human Settlements visited the area to see the demolished structures and engage with the communities.

The provincial department took the delegation through the background of the problem and also conducted for site inspection and showed the delegation the type of invasions that had taken place and structures that had been erected on state land.

On 26 November 2012, the provincial department attended a meeting called by the Minister of Human Settlements to which the department and the residents were invited to discuss a way forward. Afterwards the Minister formed a forum called the Special Lenasia Intervention Team (SPLIT) to craft approaches that could be adopted, to amicably resolve the Lenasia land conflict. SPLIT comprised the provincial Department of Local Government and Housing, the national Department of Human Settlements; the National Home Builders Registration Council (NHBRC); South African Human Rights Commission (SAHRC), the City of Johannesburg (COJ), local councillors, the Member of Mayoral Executive Council responsible for housing at the City of Johannesburg, the Housing Development Agency (HDA) and Lenasia residents (both legal and illegal land occupants).

6.1 Special Lenasia Intervention Team (SPLIT) engagements

The provincial department presented a detailed plan that highlighted the processes to be followed to resolve the matter. The plan were the need to auditing of all properties in order to have an accurate record; the adoption of a communication plan and strategy to communicate the facts of the project, which were inclusive of all involved; the need for the NHBRC and City of Johannesburg inspectors to inspect the structures that were not demolished to determine their quality and advise the department accordingly.

The plan was accepted as a draft that had to be refined and signed by all concerned parties, and the Director-General of the national Department of Human Settlements was tasked with convening meetings to drive that process.

The Minister directed that solutions to the matter needed to be legal and should address the challenges of land invasions; foundations that were dug; structures that have been partially built and some abandoned, some being continued on a piecemeal basis; completed but unoccupied structures; completed and occupied structures; structures that were demolished; and syndicates who own houses and also built houses illegally.

The HOD reported that there had been numerous meetings to interrogate the Lenasia intervention plan and that the plan was finally adopted in a meeting on 18 January 2013. He also reported that the department was busy with detailed planning in relation to vacant land in the area. As there were plans to develop the vacant land, the department was finalising the analysis of the audit information that was captured audit information and would compile a consolidated report to guide on the way forward. A synopsis of the audit results which were prepared conducted during November and December 2012 at Lenasia Ext 13 and Lenasia Ext 4 were presented by the department as follows:

· 615 properties were visited by the Anti-Corruption Unit, Property Management, Quality Assurance, City of Johannesburg and NHBRC, 215 in Lenasia Ext 13 and 352 in Lenasia South Ext 4. Out of the 215 in Ext 13, 21 were vacant stands and 11 were unoccupied, incomplete structures.

· About 182 stands had complete structures- some were legal and were in the process of being transferred to their owners.

· Of the 352 stands in South Ext 4, 125 were vacant, 67 were incomplete and 156 had complete structures but were not necessarily occupied.

· A total of 240 people received notices to come to the department because they ere not found in their stands during the audit. These properties still needed to be verified. The Hawks were in the process of taking statements and collecting evidence from people who were cooperating so as to ensure that an arrest would result in a successful conviction.

· The department had undertaken a road show to inform communities about the plans of the department to deal with the issue of Lenasia.

6.2 Way forward

In terms of the adopted plan, the following needed to be done:

Appointing a consultant to do the rezoning and subdivision or consolidation of stands where applicable; Meeting with the City of Johannesburg to commit itself to fast-track the approval of plans; Stand evaluation; Rubble removal and cleaning of stands; Detailed planning options to be developed; Compile a list of beneficiaries; Finalisation of the investigation cases; Compile a list of properties to be transferred to relevant individuals, and transfer of properties.

7. Questions by the delegation

The Committee raised the following questions:

1) Whether there were any means to control some of the constructions that was taking place during the intervention process;

2) Whether the department was going to interfere with buildings when doing rezoning and make a special spatial framework for the area;

3) Whether there were buildings in the stands that were going to be subdivided;

4) Whether the people were building on business sites;

5) When the Minister was expected to sign off on the intervention framework as it had to be presented to Parliament by Minister for monitoring and evaluation;

6) Whether the affected people had received notices and if so, how they were distributed as indicated that the people were not available at the time;

7) Why the City of Johannesburg billed the department an amount of R300 000 for services related to illegal connections;

8) Whether the steering committee had a legal expert who would who would take statements from witnesses so that they could not be thrown out of court because of legal technicalities.

The Councillor reported that she was proud of the team and that the Council was aware of the services provided by the City of Johannesburg in the area. There were numerous occurrences of dolomite and sink holes in the entire Lenasia South area. There was widespread criminal activity in the area. In 2010, the City of Johannesburg had requested the community to submit applications for housing programmes but instead occupied educational sites and parks areas.

8. Response by the department

The HOD informed the delegation that the department respected the court order and frequently consulted SAHRC, but the people continued to build houses even after the visit by the Minister. The department consulted the NHBRC for purposes of assisting with in the inspections for compliance with building standards. The department together with the City of Johannesburg issued notices to the people to stop building illegally in the area and placed the notices on front doors in instances where people were not available. He also reported that SPLIT would continue working for a period of six months for consultation purposes and had to report to their stakeholders. In a meeting of SPLIT on 18 January 2012, all stakeholders agreed with the principles in the framework and all inputs and comments of stakeholders have been inserted in the framework.

On the establishment of the township, the HOD reported that the lay-out has been developed for the establishment of the township and that there would be no excessive expenditure thereon. He reported that it was not going to be a wholesale compensation for all the people. However, each case would be dealt with on its own merit. Only those people who applied and qualified would be compensated in a form of the building of a proper house for them. The money that was going to be used for compensation was part of the subsidy approval and planning. The department was working with the City of Johannesburg on the matter and had identified a place for rubble and security through the assistance of the City of Johannesburg. In terms of how people got their notices, the HOD reported that those people usually came back in the afternoon and during weekend and got hold of their notices placed in their doors.

The department was negotiating with the City of Johannesburg not to pay all billed amounts for illegal connections. The team (SPLIT) was provided with legal experts by departmental legal services, who had a legal background in taking accurate statements. The departmental officials attached notices to the gates of houses and used loud hailers to inform people. The whole idea of profiling people was for auditing purposes to determine how many people qualified for assistance in terms of the housing subsidy programme.

The department had put together security measures on the ground in order to prevent the mushrooming of illegal houses which may have been too expensive. The HOD had a concern with the implementation costs of by-laws which were borne by the department instead of the City of Johannesburg. The department had set up a nodal point with 10 officials and people were coming to the nodal point office to supply information. Once the audit was available, the City of Johannesburg would install meters in relevant areas. Eleven suspects had been identified and were being profiled by the Hawks. The team had consolidated the number of properties under the department and submitted the information o the deeds office for verification.

Planning division of the provincial department

The presenter reported that demolished houses were unfinished and/or unoccupied houses. The team was finalising its audit and have submitted its preliminary report to the department. The department had been appointed to do a land survey together with engineering and geo technological studies on the area.

The department had met with the City of Johannesburg on the rezoning of some of the stands. The process of subdivision and rezoning was going to take about six months but it was negotiated with the City to shorten the period to two months. The presenter reported that about seven stands would be subdivided and 192 stands would be rezoned.

Committee's comments

The Committee unanimously commended the department and SPLIT for the hard work, effort and commitment towards the development of the framework and for the communication strategies they were using. The department had picked up the ball and was carrying it. The Committee stated that if those strategies were put into perspective before the demolitions in Lenasia had begun, the demolitions could have been avoided. The example of Lenasia should be used as a test case by the province in trying to prevent land invasions.

The Committee expressed its appreciation for the work done by the Gauteng Department of Local Government and Housing in resolving the complex issues of the illegal selling and occupation of stands in Lenasia. The Committee appreciated the intervention framework that emanated from SPLIT.

The Committee was of the view that the team had put in place a clear framework to rescue the situation in Lenasia and that the team was also cautious in dealing with the situation.

9. Findings

· Municipalities were not doing justice in the implementation of the Prevention of Illegal Eviction from Unlawful Occupation of Land Act (PIE Act), Act No 19 of 1998. Parliament would not be subjected to the proposal to amend the Act that has not been implemented and whose impact had not been tested on the ground.

· The municipalities do not have by-laws to immediately respond to the land invasions.

· It is the responsibility of the City of Johannesburg to prevent the mushrooming of illegal structures within its municipal boundaries.

· The team has done a good work in developing and implementing a framework that would be used as a case by other provinces.

10. Recommendations

The Committee recommends that the Minister should:

Use the framework of the provincial department as a guide to develop national framework for national department which has to culminate to a national strategy of the department of human settlements. Submit the signed framework to the Committee after being signed by all relevant stakeholders and finally by the Minister. Ensure that the national and the provincial departments provide supportive mechanisms to municipalities in implementation of the PIE Act in terms of section 154 of the Constitution of South Africa Act, No. 108 of 1996. Ensure that the City of Johannesburg develop by-laws and strategies to prevent the mushrooming of the illegal structures in line with the national legislation. Ensure that the provincial department deals with the criminal activities accordingly and the culprits face the full might of the law. Ensure that a progress report is submitted to Parliament every two months until the process is finalised.

Report to be considered.


Audio

No related

Documents

No related documents