Hansard: NCOP: Unrevised Hansard
House: National Council of Provinces
Date of Meeting: 24 May 2016
Summary
No summary available.
Minutes
UNREVISED HANSARD
TUESDAY, 24 MAY 2016
____
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 14:01.
The House Chairperson: Committees, Oversight, Co-operative
Government and Intergovernmental Relations (Mr A J Nyambi) 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
Mr C F B SMIT: I hereby give notice that on the next sitting day of
the House I shall move on behalf of the DA:
That the Council –
(1) notes that it has been reported that another three illegal
Chinese fishing trawlers have been impounded in South African
ports;
24 MAY 2016
PAGE: 2 of 144
(2) the vessels Fu Yuan Yu 186, my apologies for the men that are
Chinese, I am not that good in that, was charged with
entering South Africa‘s exclusive economic zone without the
required permit and disobeying lawful instructions by the
fishery controlling inspector;
(3) The vessel was part of a fleet of nine Chinese vessels that
invited South African Maritime Authorities after switching
off their automatic identification system, AIS trackers;
(4) While we welcome the Department of Agriculture, Forestry and
Fisheries as well as SA Navy speedy response, the House notes
with concern the current red-tape hindering our local fishing
industry; and
(5) Debates the legislative constraints and red tape of the
current permit system for local fishing industry.
I so move.
Ms T MOTARA: I hereby give notice that on the next sitting day of
the House I shall move on behalf of the ANC:
That the Council -
24 MAY 2016
PAGE: 3 of 144
(1) notes and debates the fact that the rating agency Moody‘s has
given the City of one of the highest investment grade rating
that any city can receive;
(2) further notes that Moody‘s has allocated the city a national
scale rating of 4 notch upgrade from the previous rating and
this upgrade affirms a prudent management of finances by the
city;
(3) further notes that Moody‘s has also raised the City of
Johannesburg‘s global sale ratings from B883 to B882, the
highest possible rating that will currently be achieved by
institutions with the best credit quality in South Africa;
(4) acknowledges that the Moody‘s rating of the City of
Ekurhuleni and the City of Johannesburg rebuts the DA‘s
misguided information that only good governance and the
delivery of services to communities happens only in places
where the DA governs; and
(5) takes this opportunity to congratulate the political
leadership, staff and management of the Cities of Ekurhuleni
and Johannesburg for their outstanding performance and for
putting South Africa at par with other globally well run
municipalities.
24 MAY 2016
PAGE: 4 of 144
I so move.
Mr B G NTHEBE: I hereby give notice that on the next sitting day of
the House I shall move on behalf of the ANC:
That the Council –
(1) notes and debates the safety of cyclists who continue to face
death and harassment from people with utter disregard of road
safety and our national efforts to use bicycles;
(2) further notes the death of another cyclist who was killed in
a hit and run incident at St Lowry‘s Pass in Gordons Bay in
Cape Town; and
(3) takes this opportunity to call on motorists to show regard
for the safety of cyclists and encourage cyclists to be more
vigilant and cautious when using public roads.
I so move.
Mr C HATTINGH: I hereby give notice that on the next sitting day of
the House I shall move on behalf of the DA:
That the Council -
24 MAY 2016
PAGE: 5 of 144
(1) debates the Independent Electoral Commission, IEC‘s ability
to effect the feel prepared for free and fair elections.
I so move.
Mr J M MTHETHWA: I hereby give notice that on the next sitting day
of the House I shall move on behalf of the ANC:
That the Council –
(1) notes and debates the futile attempts by the DA MPs in the NA
to sabotage the passing of the budget by brazenly including
in silly political tactics including repeated workout and
filibustering;
(2) further notes that if the DA
has its way in Parliament, our
government would not be able to provide a monthly support to
the existing 16 million poor social grant beneficiaries;
(3) provides shelter to the homeless, electrify and connect water
for households and extends decent health and education to
millions of poor people; and
(4) Acknowledges that this is the sort of destructive opposition
which serves narrow political interests that are intended to
plunge South Africa into disrepute and crisis.
24 MAY 2016
PAGE: 6 of 144
I so move.
Mr J W W JULIUS: Hon Chairperson, I am noticing for the second
time. Is that a Notice of Motion or a Motion without Notice? I
think we need ...
The House Chairperson: Committees, Oversight, Co-operative
Government and Intergovernmental Relations (Mr A J Nyambi): Notice
of a Motion.
Mr F ESSACK: I hereby give notice that on the next sitting day of
the House I shall move on behalf of the DA:
That the Council –
(1) debates the South African‘s public investment corporations,
PIC, Africa‘s largest pension fund manager, its
responsibility towards pension holders and whether it has the
ability to use investment to bolster employment in this
country.
I so move.
Mr C J DE BEER: I hereby give notice that on the next sitting day
of the House I shall move on behalf of the ANC:
24 MAY 2016
PAGE: 7 of 144
That the Council (1) notes and debates the practice of reckless lending;
(2) notes that despite being outlawed, reckless lending continues
unabated so much that the National Consumer Tribunal, NCT,
has received double the number of complaints from 9589 cases
in the 2014-15 financial year and in the 2015-16 financial
year, this figure rocketed to 19097; and
(3) further notes that over a three year period the NCT case load
has almost quadrupled as credit providers continued to show
utter disregard of the National Credit Act and other
mechanisms that are in place to protect consumers.
I so move.
OPPOSITION’S CONCERN ABOUT MONEY SPEND ON FOOD DURING PARLIAMENT
COMMITTEES MEETINGS
(Draft Resolution)
Ms C LABUSCHAGNE: Chair, I move without notice:
That the Council -
24 MAY 2016
PAGE: 8 of 144
(1) notes that the cost of the food alone at any ordinary sitting
of a select committee is around R1 500 per meeting which is
more than the entire monthly salary of a South African
citizen who receives a minimum wage. An entire family living
on the minimum wage is expected to live for the entire month
on the same amount of money that is being used to feed
committees of 12 people in the NCOP per day;
(2) realises that this is unacceptable and therefore should not
continued;
(3) calls on Members of this House to stand united in ensuring
that the people‘s interests come first; and
(4) undertakes to suspend unnecessary expenses until poverty has
been sufficiently eradicated nationwide.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Is there any objection to
the motion. Yes. In light of the objection the motion may not be
proceeded with, the motion without notice will now become notice of
a motion.
NPA DROPS CHARGES AGAINST MARIUS FRANSMAN
(Draft Resolution)
24 MAY 2016
PAGE: 9 of 144
Ms T G MPAMBO-SIBHUKWANA: Chair, I move without notice:
That the Council -
(1) notes that the National Prosecuting Authority has dropped the
sexual harassment case against ANC Western Cape leader,
Marius Fransman. It was reported that Ms Louisa Wynand was
allegedly forced to sleep next to Fransman in Kimberley while
they were staying at a hotel and he had allegedly ...
[Interjections.] ... Can I be protected, Chairperson.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Order, members.
Ms T G MPAMBO-SIBHUKWANA: ... and he had allegedly charged
her while two others where sitting at the back of the
vehicle.
(2) further notes that it is unacceptable that Ms Wynand was
notified via WhatsApp that the case has been dropped. Miss
Wynand has indicated that her life and that of her family has
been greatly affected by the incident. This House moves to
edge the NPA to reconsider instituting proceedings so that Ms
Wynand has a fair opportunity to convey her case to a court
of law.
24 MAY 2016
PAGE: 10 of 144
The HOUSE CHAIRPERSON (Mr A J Nyambi): Is there any objection? Yes.
In light of the objection the motion may not be proceeded with, the
motion without notice will now become notice of a motion.
WAYDE VAN NIEKERK DONATES R500 000 TO GROOTE SCHUUR HOSPITAL
(Draft Resolution)
Ms L L ZWANE: Chair, I move without notice:
That the Council -
(1) notes that the South African athletics golden boy and world
400 metres champion, Wayde van Niekerk, has donated a sum of
R500 000 to the Groote Schuur Hospital‘s neonatal unit;
(2) further notes that Van Niekerk announced the donation on
Monday, 23 May 2016 at an event where he was introduced as a
brand ambassador for an IT company called T-Systems;
(3) further notes that the 23-year-old athlete was awarded an
amount of R500 000 and a Mercedes Benz C-class after he was
named Sportsman of the Year and claimed the People‘s Choice
accolade at the SA Sports Awards; and
24 MAY 2016
PAGE: 11 of 144
(4) takes this opportunity to congratulate Wayde van Niekerk for
his magnanimous gesture of goodwill.
Motion accordingly agreed to in accordance with section 65 of the
Constitution.
MINISTER OF DEFENCE ADMITS TO SMUGGLING AN ILLEGAL FOREIGN NATIONAL
(Draft Resolution)
Mr G MICHALAKIS: House Chairperson, I move without notice:
That the Council -
(1) notes that the Minister of Defence, Nosiviwe Mapisa Nqakula
has admitted to smuggling an illegal foreign national and
friend of hers with questionable documentation into our
country;
(2) further notes that the Minister has done so using an aircraft
of the SA Air Force which is already under strain in terms of
resources;
(3) notes that although the Minister has tried to justify her
actions, she seems to have conveniently ignored the fact that
she has deliberately broken the law by contravening the
Immigration Act as well as the Executive Code of Ethics;
24 MAY 2016
PAGE: 12 of 144
(4) further notes that by contravening the above mentioned Act,
the Minister has committed a criminal offence and has caused
serious question to be raised about the safety of our
country, for which she is in part responsible. While we
emphathise with Ms Wege‘s personal circumstances and so many
others who are subject to domestic, nothing can justify a
Minister breaking the law; she could have used other methods
of recourse; and
(5) calls on the President of the Republic to dismiss the
Minister of Defence with immediate effect.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Is there any objection? Yes.
In light of the objection the motion may not be proceeded with, the
motion without notice will now become notice of a motion.
PARLIAMENT WELCOMES RETIREMENT OF DEPUTY CHIEF JUSTICE, DIKGANG
MOSENEKE
(Draft Resolution)
Mr J P PARKIES: House Chairperson, I move without notice:
That the Council -
24 MAY 2016
PAGE: 13 of 144
(1) notes and welcomes the retirement of the Deputy Chief Justice
Dikgang Moseneke from his service in the Constitutional Court
of the Republic of South Africa;
(2) further notes that the Deputy Chief Justice Dikgang Moseneke
stepped down from the second most powerful position in the
judiciary last week Friday, 20 May 2016, after joining the
Constitutional Court in 2002;
(3) expresses its profound appreciation for his lifelong and
selfless commitment to the course of the struggle for
liberation and the Constitution;
(4) takes this opportunity to pay tribute to him, for his
accomplished and impeccable career and wish him well in his
retirement; and
(5) wishes the Acting Deputy Chief Justice Nkabinde all the best
in her new role.
Motion accordingly agreed to in accordance with section 65 of the
Constitution.
POLITICAL PARTIES MAKE A PLEDGE AND COMMITMENT TOWARDS UPCOMING
LOCAL GOVERNMENT ELECTIONS
24 MAY 2016
PAGE: 14 of 144
(Draft Resolution)
Ms T WANA: House Chairperson, I move without notice:
That the Council -
(1) notes the commitment and the pledge made by the political
parties towards the local government elections which will
take place on 3 August 2016;
(2) further notes that this local government elections will take
place in a global context characterised by escalating
poverty, unemployment and inequality;
(3) calls on all political parties to distance themselves from
using inflammatory language and other forms of hate speech
during the campaign in order to allow the free exchange of
ideas with the voters; and
(4) further calls on IEC and other law enforcement agencies to
take requisite steps to ensure the exercise of the right to
vote by voters in areas plagued by violence and instability.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Is there any objection? Yes.
In light of the objection the motion may not be proceeded with, the
motion without notice will now become notice of a motion.
24 MAY 2016
PAGE: 15 of 144
Mr J W W JULIUS: Chairperson, I just wish the ANC could return our
posters and then everything will be free and fair for the elections
[Laughter.]
WESTERN CAPE HIGH COURTS’ DISMISSES SABC AND HLAUDI MOTSOENENG’S
APPLICATION FOR LEAVE
(Draft Resolution)
Mr J W W JULIUS: Chairperson, I move without notice:
That the Council -
(1) notes the Western Cape High Courts‘ dismissal of the SABC and
Hlaudi Motsoeneng‘s application for leave to appeal the
decision setting aside Mr Motsoeneng‘s permanent appointment
as SABC‘s Chief Operating Officer. It is a victory for all
who value our constitutional democracy and an independent
public broadcaster;
(2) further notes that knowing the Public Protector‘s findings
that Mr Motsoeneng lied about his qualifications, abused his
power by increasing his own salary from R1,5 million to
R2,4 million, purging senior staff members, irregularly
increase salaries of some staff members, Minister Muthambi
24 MAY 2016
PAGE: 16 of 144
still went ahead and permanently appointed a man who was
clearly not suitable for the job;
(3) believes that the appeal process is waist of tax payer‘s
money; and
(4) calls on the SABC and Minister Muthambi must adhere to the
rule of law and fire Mr Motsoeneng immediately.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Is there any objection? Yes.
In light of the objection the motion may not be proceeded with, the
motion without notice will now become notice of a motion.
MAMELODI SUNDOWNS CONGRATULATED FOR WINNING 2015-16 PSL
CHAMPIONSHIP
(Draft Resolution)
Ms G M MANOPOLE: Hon Chair, I move without notice:
That the Council -
(1) notes that 2015-16 PSL Championiship title was warn by
Mamelodi Sundowns, PSL on Saturday, 21 May 2016 which marks
the 7th time championship victory;
24 MAY 2016
PAGE: 17 of 144
(2) further notes that Mamelodi Sundowns recorded 71 points and
thereby breaking the season in style;
(3) congratulates bafana ba style ka boyelo under the leadership
of Pitso Mosimane;
(4) expresses gratitude to the chairperson of the club, Mr
Patrice Motsepe for his confidence in the boys which he
demonstrated by investing money in their football;
(5) recognises that the money invested in the club is money well
invested; and
(6) wishes them good luck in their future endeavours.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Is there any objection? Yes.
In light of the objection the motion may not be proceeded with, the
motion without notice will now become notice of a motion.
PARTNERSHIP IN ACTION TO GUARD SOUTH AFRICA’S FINANCIAL STATUS
(Draft Resolution)
Mr T C MOTLASHUPING: Hon Chairperson, I move without notice:
That the Council -
24 MAY 2016
PAGE: 18 of 144
(1) notes with utmost pride the partnership in action between
government, business and labour that seeks to explore the
practical means ... [Interjections.] ... Can I be protected?
The HOUSE CHAIRPERSON (Mr A J Nyambi): Order, members.
Mr T C MOTLASHUPING: ... in jealously guarding South Africa‘s
financial status from being relegated to a junk status by the
agencies;
(2) believes that the promotion of the financial well-being of
the country requires the concerted effort of all sectors of
society across sectoral and partisan political interests;
(3) further believes that the current global economic slowdown
requires this kind of patriotism and unity in action;
(4) takes this opportunity to salute the leadership of
government, labour and business on this courageous and
patriotic effort; and
(5) further calls on the political leadership in the country,
religious community and the broader civil society to join
hands in salvaging the country from being relegated into a
junk status.
24 MAY 2016
PAGE: 19 of 144
The HOUSE CHAIRPERSON (Mr A J Nyambi): Is there any objection? Yes.
In light of the objection the motion may not be proceeded with, the
motion without notice will now become notice of a motion
SHOCKING FINDINGS BY THE MINISTERIAL TASK TEAM ON ALLEGED SELLING
OF POST BY MEMBERS OF TEACHER UNIONS
(Draft Resolution)
Mr C HATTINGH: Hon Chair, I move without notice:
That the Council -
(1) notes the shocking findings by the Ministerial Task Team‘s
investigation into the alleged selling of posts by members of
teacher unions and departmental officials in the provincial
education departments. Quoting from the report, the report
claims that there are many forms of irregular appointments,
there are many different kinds of improper influence, and
that the Department of Basic Education is effectively in
control in only one-third of the nine province, that is, in
control of only three out of the nine provinces;
(2) expresses shock and dismay about the crisis our education
finds itself in.
24 MAY 2016
PAGE: 20 of 144
The HOUSE CHAIRPERSON (Mr A J Nyambi): Is there any objection? Yes.
In light of the objection the motion may not be proceeded with, the
motion without notice will now become notice of a motion.
PARLIAMENT HONOURS MR HAMILTON NAKI, BLACK TECHNICIAN WHO PERFORMED
ANIMAL HEART TRANSPLANT DURING DR CHRISTIAAN BARNARD’S TIME
(Draft Resolution)
Ms L C DLAMINI: I move without notice:
That the Council -
(1) notes with utmost appreciation and honour the indelible mark
made by one of our unsung heroes Mr Hamilton Naki who was a
black technician at the University of Cape Town to perform
transplants on animals as he was barred from operating on
humans during the same time as Dr Christiaan Barnard
performed the first heart transplant;
(2) further notes that Mr Naki who was born in Ngcingane, which
is a village in the then Transkei in 1930 was hired by the
University of Cape Town to maintain the tennis courts;
(3) also notes that in 1954 he was promoted to help with the care
of laboratory animals where he soon went on to being one of
24 MAY 2016
PAGE: 21 of 144
four technicians at the university and the black laboratory
assistant to Barnard;
(4) further notes that under apartheid rule Mr Naki was barred
from working in the whites-only operating theatre and his
contributions in the laboratory were largely unpublicised or
acknowledged; and
(5) takes this opportunity to honour and pay homage to Mr Naki as
one of the unsung heroes of our nation who made incredible
achievement and displayed unsurmountable resilience to make
an indelible mark when apartheid failed to give recognition
to his efforts and achievements.
Motion accordingly agreed to in accordance with section 65 of the
Constitution.
Ms B ENGELBRECHT: I move without notice:
That the Council -
(1) notes with great sadness the destruction and burning of
municipal buses and the unnecessary loss of several lives in
the Sekampaneng and Suurman areas of Hammanskraal Tshwane,
when the Red Ants where sent in to remove illegal shacks
built on ground given away in exchange of ANC votes;
24 MAY 2016
PAGE: 22 of 144
(2) conveys its sincere condolences to the respective victims and
their families; and
(3) calls on the Minister of Human Settlements to urgently
investigate this matter and report its findings to this
House.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Is there any objection? Yes.
In light of the objection the motion may not be proceeded with, the
motion without notice will now become notice of a motion.
APPROPRIATION BILL
Debate on Budget Vote No 28 - Labour
ILUNGU ELIHLONIPHEKILE: Malibongwe! [Ihlombe.] Malibongwe!
UNGQONGQOSHE WEZABASEBENZI: Sihlalo weNdlu, amalungu ahloniphekile
aleNdlu, abaholi bemibutho esibambisene nayo, uMqondisi Jikelele
kanye nethimba lakhe, izivakashi zethu ezihloniphekile, abasebenzi
bonke baseNingizimu Afrika, ngiyanibingelela. Okokuqala,
sikhalisana nabo bonke abalahlekelwe izihlobo zabo ezingozini
ezenzeka ezimayini kanye nasemkhakheni wezokwakha, sithi kulabo
abalimele balulame ngokushesha. Ngiyabonga kakhulu ukuthola leli
thuba lokuma phambi kwenu namhlanje ukuzothula uHlahlomali
loMnyango wezabaSebenzi. Mangisho ukuthi isisekelo salolu
24 MAY 2016
PAGE: 23 of 144
hlahlomali izibopho esazenza siwumbutho kaKhongolose uma siya
okhethweni langonyaka ka-2009 kanye no-2014. Izifundazwe
zibalulekile kakhulu kithi ngoba yilapho izinto okumele zenzeke
khona, yingakho ingxenye ethe xaxa kulolu hlahlomali ibekelwe
ukuthuthukisa izingqalasizinda zethu esifundazweni ukuze abantu
bakithi bathole usizo ngokushesha. Singakhuluma siqephuze kodwa uma
abantu bakithi bengawuboni umehluko ezimpilweni zabo angeke
kwasisiza ngalutho lokho. Washo-ke u-Amilcar Cabral ukuthi abantu
akubasizi ngalutho ukuthi silokhu sikhuluma ngezinto ezisemakhanda
ethu, kodwa bona bangabonga uma bebona umehluko ezimpilweni zabo.
Abantu bakithi bafuna ukuthi izimpilo zibe ngcono futhi nekusasa
lezingane zabo libe ngeliqhakazile. Uhulumeni kaKhongolose ukwazi
kahle kamhlophe lokhu okubekwa yile nkokheli eyayilwela inkululeko
yalabo ababecindezelwe amaPutukezi.
Imithetho yabasebenzi ithinta bonke abantu bakuleli. Ngisho
nomnotho imbala awusoze wasimama ngaphandle kwabasebenzi.
Ngivumeleni ngisho ukuthi, ngaphandle kwabasebenzi ayikho into
engaya phambili. INingizimu Afrika yaziwa umhlaba wonke ukuthi
inemithetho yabasebenzi esezingeni eliphezulu futhi cishe iyona
kuphela emazweni omhlaba wonke jikelele lapho amalungelo abasebenzi
eyingxenye yoMthethosisekelo wezwe. Singakhohlwa-ke futhi ukuthi
lawa ngamalungelo abasebenzi abawalwela kukubi eminyakeni
yobandlululo. Abanye babehlukunyezwa nemindeni yabo, belala
ezintabeni, abanye beboshwa, beshaywa futhi abaningi balahlekelwa
ngisho imiphefumulo yabo belwela amalungelo abo. Kuyajabhisa
24 MAY 2016
PAGE: 24 of 144
ukuthi, kusekhona abafuna ukuwacekela phansi lamalungelo
ngokuwabeka izici ezingenabufakazi.
Ukuhlupheka kwabasebenzi sikwazi kahle kamhlophe thina
siwuKhongolose ngoba abaningi bethu babengabasebenzi ngeminyaka
yobandlululo. Umzabalazo wabasebenzi akuyona nje into esiyifunda
ezincwadini noma emaphephandabeni, abaningi bethu basenamanxeba
angakapholi nanamhlanje. Umsebenzi wethu omkhulu njengomnyango
ukuvikela abasebenzi ukuthi bangaxhashazwa emisebenzini, imithetho
esiyiphakamisayo iyakufakazela lokhu ngale kokungabaza.
Kubalulekile ukuthi ngisho ukuthi uma sishaya lemithetho
siwuHulumeni kaKhongolose siyaqinisekisa ukuthi lokho akuthikamezi
imizamo yokukhulisa umnotho nalezo zinhlelo zokuvula amathuba
emisebenzi. Abanye sihamba nabo siye emihlanganweni yeNhlangano
yabaSebenzi yeziZwe i-ILO, sivumelane ngezinto eziningi kodwa
befika la ekhaya baqale bahlasele zona kanye lezi zinto
ebekuvunyelwene ngazo nabo ababe yingxenye yazo e-Geneva.
Uyadumaza kakhulu lomkhuba wozakwethu. Ebesithe sizokwenza ngonyaka
odlule okuningi sesikwenzile okunye siphezu kwakho. Osaziwayo
emhlabeni wonke jikelele bathi akukaze kwenzeke emlandweni wamazwe
ukuthi uHulumeni ophethe acushise izichibiyelo zemithetho
yabasebenzi eyevile kwemibili iminyaka emibili ilandelana, hayi
abawuvali umlomo. Konke lokhu sikwenza ngokomkhombandlela
woMthethosisekelo walelizwe, uMqulu weNkululeko kanye nemithetho
yemigomo yokhetho lukaKhongolose luka-2009 no-2014. Akekho noyedwa
24 MAY 2016
PAGE: 25 of 144
kuleNdlu ongaphika ngale kokungabaza ukuthi lo Hulumeni
kaKhongolose ukwenzile konke lokhu futhi nabasebenzi bayakwazi
bayakuhalalisela lokho. Okungijabulisa kakhulu ukuthi ngisho
nabasebenzi basezindlini nasemapulazini imbala nabo sebeyahlomula
ngenxa yezinyathelo ezithathwe ilo Hulumeni. Sizokhumbula ukuthi
imithetho-sichibiyelo yakabusha ike yaba yindaba egudwini kukhona
nalaba ababeshaya phansi ngonyawo bethi akusoze kwenzeka lokhu
kodwa amathe abuyele kwasifuba ngoba uKhongolose wayichibiyela le
mithetho. Sonke siyazi ke ukuthi uma ungaphilanga, usuyakwazi
ukutshela umqashi ukuthi angeke ukwazi ukuya emsebenzini.
Eminyakeni yobandlululo, uma ubulovile emsebenzini ngoba ugula,
wawukhishwa ngesango mhlazane ubuya. Yayingekho futhi indaba
yokuthi uzohamba uthi uyophumula emva kokusebenza unyaka, ucabange
ukuthi uzokhokhelwa, kodwa konke lokhu sekulawulwa imithetho
eshaywe uhulumeni kaKhongolose. Ngisho nabasebenzi besimame,
sebayakwazi ukuyobeletha bahlale emakhaya okungenani izinyanga
ezine bekhokhelwa.
Ngesikhathi sobandlululo abasebenzi babazi kahle kamhlophe ukuthi
ukukhulelwa kwakusho ukulahlekelwa umsebenzi. Siyabonga kuHulumeni
kaKhongolose, abanamehlo bayayibona imisebenzi yakhe emihle. Siyazi
ukuthi umbimbi lwabasebenzi, amadlelandawonye kanye nenhlangano
yezakhamuzi, beholwa uKhongolose, sebekuqede nya ukuxhashazwa
kwabasebenzi besikhashana kanye nalabo bezinkontileka zesikhashana.
Kubahlonishwa, iKhomishana yokuXazulula iziNkinga zabaSebenzi iCCMA, isinikwe amandla okungenelela ezitelekeni uma kunodlame noma
24 MAY 2016
PAGE: 26 of 144
kubonakala ukuthi abaqashi nabasebenzi badinga usizo lokuxazulula
ukungaboni ngaso linye. Le Khomishana isikelwe izigidi
ezingamakhulu ayisikhombisa namashumi ayisikhombisa zamarandi
okungu-R770 million kulo nyaka, ukuze iqhubeke nemisebenzi yayo
edingwa ngabasebenzi.
Kanti uMkhandlu kaZwelonke wezokuXoxisana, i-NEDLAC, wona usikelwe
izigidi ezingamashumi amathathu nanye zamarandi [R31 million] ukuze
ukwazi ukwenza imisebenzi obekelwe wona. Sesiphinde savula
izikhungo ezingeziwe ezifundazweni ukuze abasebenzi bathole usizo
ngokushesha. Sesifake nobuxhakaxhaka bemishini ezikhungweni
zabasebenzi zethu, lapho abasebenzi bezokwazi ukuzenzela
abakudingayo ngokwabo, ngaphandle kokudinga usizo lomabhalane
bomnyango. Kulo nyaka sihlose ukuqhubeka nokufaka lemishini
ezikhungweni zabasebenzi eziyishumi nesiyashiyagalombili
ezifundazweni ezahlukene. Le mishini izokwenza kube lula ukuthi
abantu abafuna imisebenzi bathole imininingwane komabonakude
esizobafaka khona maduze nje. Futhi bayokwazi ukubona ukuthi iziphi
izimboni ezinezikhala zemisebenzi, nokuthi zifuna abantu abaphethe
maphi amakhono. Ngaleyondlela bazokwazi ukufaka izicelo zemisebenzi
ngaphandle kokufuna usizo komabhalane.
Umnyango ususungule uhlelo lokuqeqesha abasebenzi emakhonweni
adingwa umnotho, nokuphathwa kwamabhizinisi ukuze bakwazi
ukuziphilisa. Lokhu sikwenza ngokubambisana nezikhungo zokufundisa
nokuqeqesha abasebenzi kanye nezikole zamakhono, ama-SETA kanye
24 MAY 2016
PAGE: 27 of 144
nama-TVET Colleges ngoba lolu uhlelo lukazwelonke, siyaqiniseka
ukuthi zonke izifundazwe zibe nabantu ezinhlelweni zethu. Sikhuluma
nje, kunabantu abayikhulu abaqeqeshelwa ukutshuza, abangashumi
amabili abaqeqeshelwa ukushayela amabhanoyi
kanti ke bangaphezulu
kwenkulungwane abaqeqeshwa emakhonweni okwakha nobunjiniyela
obunhlobonhlobo. Kulonyaka ophezulu sinezinhlelo zokuqeqesha
okungenani izinkulungwane eziyisithupha emikhakheni yamakhono
ahlukahlukene. Nizokhumbula bahlonishwa ukuthi bonke abaqeqeshwayo
bathi nje uma beqeda izifundo zabo, bangene emisebenzini ngale
kokuchitha isikhathi. Leli ngelinye lamaqhaza umnyango owenzayo
ukuhlasela ukusweleka kwemisebenzi. Sibonga inhlangano
esiyibiza
ngokuthi i-Unemployment Insurance Fund, UIF, kanye ne-Compensation
Fund okuyibona abasinikeza izimali zokwenza wonke lomsebenzi.
Bakwethu, asisaqeqeshi nje noba imaphi amakhono, kodwa sesiqeqesha
lawo makhono adingwa umnotho, futhi la kunezikhala zemisebenzi
khona. Sikhuluma-nje, akukho nesisodwa isifundazwe lapho ingekho
into esiyenzayo. Sesiphinde sathatha isinqumo sokusebenzisana
nezinhlelo ezifana ne-Expanded Public Works Programme, EPWP, lapho
sizoqeqesha labo abasuke bephuma kulezo zinhlelo, ezintweni
ezizobanika amakhono adingekayo emnothweni. Inqobo-nje uma
kunobufakazi bokuthi bake bathela esikhwameni sokunxephezela
abasebenzi. Futhi sisebenza ngokubambisana noMnyango
wokuThuthukiswa kwamabhizinisi Amancane. Lolu uhlelo lukazwelonke,
esizimisele ukuthi luqale kuwona lonyaka ophezulu. Imininingwane
izothulwa ekKomidini laleNdlu elibhekele izindaba zabaSebenzi.
24 MAY 2016
PAGE: 28 of 144
Lezi zinhlelo zokuqeqesha zibekelwe imali eyevile ezigidini
ezingamakhulu amahlanu amarandi [R500 million]. Ngenyanga edlule,
ngibe nethuba lokuyovula isakhiwo sezempilo e-Welkom, esinemibhede
eyikhulu namashumi amabili esizosiza abasebenzi abesuke belashwa
emva kokulimala noma ukuthola izifo emisebenzini. Lesi sakhiwo
siqale ukusebenza ngenyanga edlule. Sizosiza kakhulu abasebenzi
abasuke belimele, ukuthi bathole usizo oluseqophelweni eliphezulu,
ukuze bakwazi ukusimama masishane futhi bakwazi nokubuyela
emisebenzini ngokushesha. (Translation of isiZulu paragraphs
follows.)
[The MINISTER OF LABOUR: House Chairperson, hon members of this
House, leaders of organisations we are working with, the DirectorGeneral and his team, our distinguished guests, all the workers in
South Africa, I greet you. Firstly, we wish to convey our deepest
condolences to all the families who lost their loved ones to the
mining and the construction sector accidents and to those injured
we wish them a speedy recovery. Thank you very much for this
opportunity to present to you today the Budget Vote of the
Department of Labour. Let me say that the foundation of this budget
is the commitment we made as the ANC when we were approaching the
elections in the year 2009 and 2014. Provinces are very important
to us because that is where the things must be done, that is why
the huge allocation of this budget is allocated to develop the
infrastructures in the provinces so that people can get help
swiftly. We can say all we want but if people do not see any change
24 MAY 2016
PAGE: 29 of 144
in their lives that is not going to help us. Amilcar Cabral once
said that talking about our objectives does not help people, but
people will be thankful when they see a difference in their lives.
Our people want their lives to be better and they want a brighter
future for their children. The ANC-led government is well aware of
what is said by the former leader who was fighting for the freedom
of those who were oppressed by the Portuguese.
Labour laws affect every person in this country. Even the economy
will never have stability without the workers. Allow me to say,
without the workers there is nothing we can do. In the world, South
Africa is known for its excellent labour laws and it is almost the
only country in the world where the workers‘ rights are part of the
country‘s Constitution. We must not forget that these rights are
the same rights the workers fought for during the apartheid regime.
Others were victimised with their families, sleeping in the
mountains, others were arrested, assaulted and many lost their
lives fighting for their rights. It is saddening that, there are
people who still want to destroy the rights by finding faults with
no evidence.
The suffering of the workers is not something new to us as the ANC
because many of us were workers during the apartheid regime. We
know the struggle of the workers; it is not just something we read
from the books or the newspapers, many of us still have wounds, and
they have not healed even today. Our main responsibility as the
24 MAY 2016
PAGE: 30 of 144
department is to protect employees from being exploited at
workplace, the laws we are passing bear witness to this without
doubt. It is imperative that I mention that when we pass these laws
as the ANC government we make sure that it does not distract the
efforts to grow our economy and the job creation programmes. Some,
we go with them to attend labour meetings International Labour
Organisation, ILO, and agree on many things but when we come back
here they attack these things we agreed on which they were part of
in Geneva.
This practice is really disappointing. Most of what we said we were
going to do last year, we have done and we are still busy with some
of it. The experts in the whole world are saying this has never
happened in history that the government pass more than two
amendments of labour laws in two consecutive years, they are very
impressed. We do all this in terms of the guidelines of the
Constitution of this country, and the principles of the Freedom
Charter during the ANC elections in 2009 and 2014. There is not
even a single person in this House who can deny that the ANC-led
government has done all this without any doubt and the workers
acknowledge and appreciate it. What makes me even happier is that
even the domestic workers and farm workers are benefiting because
of these steps that are taken by this government. We will remember
that the recent amendment laws have been a talk of town and there
were those who were adamant that such will never happen but now
they are disappointed because the ANC has amended those laws. We
24 MAY 2016
PAGE: 31 of 144
all know that when you are sick, you can now tell the employer that
you are unable to come to work. During the apartheid era, when you
were absent because you were sick, the employer would dismiss you
upon your return. You could not even have leave after working for a
year, and think you will be paid, but all this now is regulated by
the laws passed by the ANC. Even the female workers are now able to
take fully paid maternity leave for four months.
During the apartheid era workers knew very well that falling
pregnant meant that you will lose your job. Thank you to the ANCled government, your good works does not go unnoticed. We know that
the South African Congress of Trade Unions, SADTU, Congress
Alliance, and community organisations, led by the ANC, have dealt
away with the exploitation of temporal workers and contract
workers. To the hon, the Commission for Conciliation, Mediation,
and Arbitration, CCMA, has been given the jurisdiction to mediate
during strikes when there is violence or when it is clear that the
employers and employees need mediation in certain disputes. This
Commission has been allocated R770 million this year, so that it
can continue to execute its duties as required by the employees.
And the National Economic Development and Labour Council, NEDLAC,
has been allocated R31 million so that they can be able to execute
their duties. We have also opened more labour centres in the
provinces so that the workers can get help promptly. We have also
installed computers in our labour centres, where the workers can do
whatever they want to do by themselves, without the help from the
24 MAY 2016
PAGE: 32 of 144
departmental clerks. This year we intend to continue with
installing these computers in 19 labour centres in different
provinces. These computers will make it easy for jobseekers to get
information from the televisions we are going to install soon. And
they will also be able to see which industries have job
opportunities, and what requirements and skills are they looking
for from the people. In that way, they will be able to apply
without the assistant from the clerks.
The department has established a programme to train workers on
skills needed for economic growth, and business management so that
they can earn a living. We do this by working together with the
training centres for the workers, technical colleges SETA and the
TVET Colleges because this is a national programme and we want to
make sure that all the provinces have people in our programmes. As
we speak, there are a hundred people who are being trained to be
scuba divers, 22 are being trained to be pilots and over a 1000 are
being trained on skills in construction and different types of
engineering. This year we are planning to train at least 6000
people on different skills for different sectors. Honourable
members, you will remember that all those who get training, once
they finish their studies they get jobs without any delays. This is
one of the roles played by the department in fighting unemployment.
We thank the entity called Unemployment Insurance Fund, UIF, and
the Compensation Fund who subsidies this programmes. Colleagues, we
do not train people on any skills, but we train them for the skills
24 MAY 2016
PAGE: 33 of 144
needed for the economy, and where there are job opportunities. As
we speak, there is not a single province where there is nothing
that we are doing. We have taken a decision to work with programmes
like the Expanded Public Works Programme, EPWP, where we will train
those who are from those programmes, things that are going to equip
them with skills needed for the economy. As long as there is proof
that they have been contributing towards the UIF. We are also
working together with the Department of Small Business Development.
We are intending to implement this national programme this year.
The details will be presented before the Portfolio Committee on
Labour.
These training programmes has been allocated more than R500
million. Last month, I had an opportunity to open the RMA Care
facility in Welkom, which has 220 beds which will serve workers
after being injured or get diseases while on duty. This facility
started operating last month. It will help workers who get injured
on duty, so that they can get high quality care, so that they can
recover and get back to work quickly.]
The HOUSE CHAIRPERSON: COMMITTEES AND OVERSIGHT (Mr A J Nyambi):
Sorry, hon Minister, hon Faber, why are you standing?
Mr W F FABER: Chair, the interpretation got lost and I was still
listening and just for the last minute it has just gone. I don‘t
know ... [Interjections.]
24 MAY 2016
PAGE: 34 of 144
The HOUSE CHAIRPERSON: COMMITTEES AND OVERSIGHT (Mr A J Nyambi):
Okay, hon Faber, try channel 6. Continue, hon Minister.
UNGQONGQOSHE WEZABASEBENZI: Sihlalo, lesi sikhungo sizophinde
siqeqeshe abasebenzi emakhonweni amasha ukuze bakwazi ukungena
kweminye imisebenzi uma, ngenxa yokulimala kwabo, bengeke besakwazi
ukubuyela emisebenzini abebeyenza. Futhi nathi singumnyango,
singakwazi ukubathatha ngokwethu abanye babo, sibafake ezikhungweni
zethu ezibhekele abasebenzi abaphila nokukhubazeka okunhlobonhlobo
okuyi-supported employment enterprises. Njengamanje simatasatasa
senza izichibiyelo zomthetho obhekele izimpilo nokuphepha
kwabasebenzi emisebenzini. Lokhu sikwenza ngokuthi sekuyavama
ukuthi abasebenzi zinsuku zonke betholakale sebelimele. Sizoqinisa
izinhlelo futhi nomthetho uqine. Futhi senza amalungiselelo
okuchibiyela umthetho wokunxephezela abasebenzi uma belimala noma
bethola izifo ngokwemisebenzi abayenzayo. Ngalomthetho sichibiyelo,
sifuna ukuthi nabasebenzi basezindlini nabo basizakale uma bethola
ukulimala noma izifo, ngenxa yemisebenzi abayenzayo. Lokhu
kungubufakazi bokuthi uhulumeni kaKhongolose uyabakhathalela
abasebenzi, ikakhulukazi labo abesebenza ezindaweni lapho
ukuxhashazwa kwabo kume ngezinyawo, njengasezindlini
nasemapulazini. Injongo yethu ukuthi sibe sesiwethulile lo mthethosichibiyelo kuwona lonyaka ophezulu. Kanti naso isikhwama
sabalimala emisebenzini, sikhombisa inqubekela phambili
ekuxazululeni izinkinga ebezisikhungethe kuleminyaka eyedlule.
24 MAY 2016
PAGE: 35 of 144
Ngiyafisa ukwazisa leNdlu, ukuthi singumnyango sike savakashela
amapulazini eMpumalanga kanye nala eNtshonalanga Koloni. Mangisho
ukuthi sivumelene nabasebenzi kanye nabaqashi ukuthi kuzofanele
sibafundise ngemithetho yezabasebenzi ukuze bayazi kahle,
amalungelo abo abasebenzi ikakhulukazi kanye nabaqashi kanye
nezibopho
zabo. UKhomishana omusha wesikhwama, umnumzana uMafata,
usebeke isibopho sokukhokha izinxephezelo kulabo abasuke belimele
nokukhokhelwa odokotela nezibhedlela, ezisuke zibelapha,
kungakapheli izinyanga ezimbili befake izicelo zabo. Sonke
sisishayela ihlombe lesi sinyathelo sikaKhomishana. [Ihlombe.]
Futhi ngiyafisa ukusho ukuthi, uKhomishana we-UIF, usezinhlelweni
zokuthi njengoba sichibiyela umthetho i-Unemployment Insurance Act,
kuzoba khona nesikhwama esizobhekelana nezinhlelo ngqo
ezizothuthukisa amakhono alabo abasuke belahlekelwe umsebenzi.
Ngakho beholwa umqondisi womnyango jikelele, siyabonga iqhaza lazo
zonke izisebenzi ezilibambile kulo mnyango ngoba ukusebenzisana
kwethu sisonke siyakwazi ukuthi sithathe izinkinga ezibhekene
nabasebenzi ziye phambili. Sizoqinisa isandla kakhulu kulabo
abaqhubeka ngokungayishayi ndiva imithetho yabasebenzi kodwa labo
baqashi abaqhubekayo nokwenza ushintsho olubonakalayo, sizoqhubeka
nokubakhuthaza. Ondlebekazizwa bona bazohlangana nezimbila
zithutha, ziholwa emhlophe phambili.
24 MAY 2016
PAGE: 36 of 144
Abahloli bethu bazophuma umkhankaso wokuzingela labo abayizephula
mthetho. Kubekwe izigidi ezingamakhulu amahlanu amarandi kulonyaka
ukuze bakwazi ukuphakamisa izinga lokugcinwa kwemithetho.
Siyabaxwayisa-ke okhanda limtshel‗okwakhe, ukuthi siyeza, futhi
ngeke sihlabe umkhosi ukuthi siza nini, bayosibona sesitheleka.
Yize isabelo sezimali sehlile kulonyaka kunaleso esasiphiwe sona
ngonyaka odlule, futhi sincane kakhulu uma siqhathaniswa nezinto
okumele sizenze, sizozama ngakho konke okusemandleni ethu ukuthi
izinhlelo zethu ziphumelele. Kuthiwa kubongwa okuncane, kubongwe
okukhulu. Ngivumele Sihlalo ukuthi ngibonge usihlalo kanye
namalunga ahloniphekile eKomidi laleNdlu elibhekele okuthinta
abaSebenzi, ngokusixhasa nokusinika umkhombandlela kuyoyonke
imizamo esiyenzayo yokuthuthukisa lelizwe lethu. Ngivumele futhi
ngibonge uSekela Ngqongqoshe woMnyango, iNkosi Holomisa ngoxhaso
nokubambisana nathi sonke, ukuze siphumelele kukho konke
esikwenzayo. Ngivumele futhi ngibeke isixoliso sikaSekela
Ngqongqoshe uNkosi Holomisa ukuthi ngoba engekho la eNdlini
uyingxenye yethimba likaSekela Mongameli elixoxisana
nosomabhizinisi indaba ye-National Minimum Wage, yingakho engekho
phakathi kwethu. Ngibonge nabaholi bezinhlangano zabaqashi,
izinhlangano zabasebenzi kanye nezinhlangano zezakhamuzi
ngokubambisana nathi kukho konke esithi makwenziwe. Ngidlulisa
nokubonga kuMqondisi-Jikelele woMnyango nethimba lakhe ngithi kini
nonke, ukwanda kwaliwa umthakathi. Ngibeka phambi kwenu kuleNdlu
uhlahlomali loMnyango wezabaSebenzi luka-2016-17 olungu
24 MAY 2016
PAGE: 37 of 144
R2.8 billion wamarandi, ukuthi nilwamukele. Uhulumeni kaKhongolose,
uhulumeni wabantu. Siyaqhuba! [Ihlombe.] (Translation of isiZulu
paragraphs follows.)
[The MINISTER OF LABOUR: Chairperson, this centre will also train
workers on new skills so that they can be able to get other jobs
when, because of the injury, they are unable to go back to their
previous jobs. And also, as the department, we can be able to take
some of them and place them in centres with jobs which caters for
people with disabilities the supported employment enterprises.
Right now we are busy with amendments of labour laws on
occupational health and safety in the workplace. We are doing this
because it is now common that people get injured while on duty
everyday. We will tighten the laws enforcement. We are also
planning to amend the laws on compensation of workers when they are
injured or they contract diseases because of the nature of the work
they do. This is proof that the ANC-led government cares for the
workers, especially those who work in places where exploitation is
still rife, like the domestic and the farm workers. Our aim is to
have this amendment presented this year. The Compensation Fund is
doing well in solving the problems that it was faced with in the
past years.
I wish to inform this House that as the department we have visited
the farms in Mpumalanga and in the Western Cape; I can say that we
agreed with the employees and the employers that we have to teach
24 MAY 2016
PAGE: 38 of 144
them about the labour laws so that they can know them properly, and
their rights as the employees and the employers as well as their
obligations. The new Commissioner of the fund, Mr Mafata, has
committed to compensating those who get injured and the payment for
doctors and the hospitals that treat them, within two months after
they have submitted a claim. We all applaud this decision of the
commission. [Applause.]
I also wish to say that the UIF Commissioner is planning, since we
are amending the Unemployment Insurance Fund, to have a fund that
is going to be used specifically for skills development programmes
for those who lose their jobs. Together with the Department‘s
Director-General, we thank all the workers for the role they played
this year because working together we are able to deal with the
problems that the workers are faced with. We are going to be very
strict to those who continue to disregard the labour laws but the
employers who continue to bring change, we are going to continue to
motivate them. The stubborn ones are going to get what is coming
for them.
Our inspectors are going to campaign and hunt down all the
offenders. This year, R500 million was allocated to them so that
they can increase law enforcement.
We are warning those who do not want to listen that, we are coming,
and we are not going to announce our visits, you will see us when
24 MAY 2016
PAGE: 39 of 144
we get there. Even though the budget this year is lower than what
we were allocated last year, and it is too little if we were to
look at the things that we are expected to do, we will try by all
means possible to see to it that our programmes become a success.
They say half a loaf is better than nothing. Chairperson, allow me
to thank the chairperson and the hon members of the Select
Committee on Labour, for the support and guidance in all the
efforts we put in developing this country. Allow me again to thank
the Deputy Minister of the Department, iNkosi Holomisa for the
support and cooperation with all of us so that we succeed in all
which we do. Allow me again to apologise on behalf of the Deputy
Minister, iNkosi Holomisa for not being here in this House, he is
part of the team with the Deputy President that is negotiating with
entrepreneurs on National Minimum Wage that is why he is not with
us. I thank the leaders of the employers‘ organisations, workers
unions and the community organisations for their cooperation in all
we do. I thank the Director-General of the Department and his team,
to all of you, many thanks, and thank you very much. I present
before this House the Budget Vote for the Department of Labour for
2016-17 of R2.8 billion, for your approval. The ANC-led government,
is the government for the people. We deliver! [Applause.]]
Mr B G NTHEBE: Presiding Chair and members of the House, hon
Minister, firstly, we want to concur with you that, yes, the
workers in this country are the backdrop within which South Africa
economy was build. Job creation remains one of the most pressing
24 MAY 2016
PAGE: 40 of 144
concerns for the economy. Headline employment grew by 3,7% in the
first quarters of 2015. According to Statistics SA, 19 000 jobs
were created in the formal sector and 273 000 in the informal
sector in the first three quarters of 2015.
This picture has since changed after the recent reported statistic
from Statistics SA recording a 26,7% for the first quarter of 2016.
The 25,2% average unemployment from 2000 to 2016, is a clear
indication of how stubborn the challenge is due to the structural
nature that we are facing. The picture is not all doom and gloom as
there was a reported growth in the private sector employment
concentrated with faster growing sectors such as financial and
business services and in other labour intensive sectors as I will
indicate just below.
The number of unemployed persons increased by 10% to 5,7 million
from 5,2 million in the fourth quarter of 2015. Employment fell
2,2% quarter-on-quarter to 15,66 million people. About 5,8% of
these job losses were primarily in the manufacturing and
construction sectors recording 5,3% of losses. In contrast, job
gains of 1,8% were observed in agriculture sector and 1,4 % in
community and social services respectively. We want to acknowledge
that agriculture sector is one that we want to build and such a
growth is giving us courage.
24 MAY 2016
PAGE: 41 of 144
In those industries job creating and the pace of remuneration
growth outstripped that of employment growth. Given the large
number of jobless South Africans and the increasing skills
intensity of production, policy intervention to support sectors
that can be able to create jobs for low skilled workers are
critical, as are efforts to raise the quality of public education.
Our National Development Plan is accurate in suggesting that South
Africa needs significant and sustained economic growth if it is to
address the challenges of unemployment. In this regard, the mandate
of the Department of Labour is to utilise the appropriated budget
in fulfilling the creation of decent employment through inclusive
growth. The key to unlocking this growth lies in improving and
reforming the country‘s macroeconomic policy environment,
infrastructure among the others, school system and regulatory
framework. But we acknowledged however that this will take time.
The Department of Labour also provides support through sector
specific funding programmes including a number of transfer payments
to the entities it oversees such as the Commission for
Conciliation, Mediation and Arbitration ,CCMA, the National
Economic Development and Labour Council, Nedlac, Compensation Fund
Productivity South Africa, the Unemployment Insurance Fund, UlF, to
name just a few. These entities have very important individual
mandates aimed at achieving the aspiration of the National
development Plan, NDP. The ANC government under the leadership of
24 MAY 2016
PAGE: 42 of 144
President Zuma, established the Jobs Fund in 2011 to support
projects that create jobs in innovative ways. This came at time
when most of job creating companies were still struggling to
recover from the aftermath of 2008 global financial crisis. Because
the ANC government is a responsible regime, we had to release
R6 billion into the Jobs Fund over Medium-Term Expenditure
Framework, MTEF, period. South Africa is also struggling with slow
recovery of economic growth like the rest of the world economies
with the International Monetary Fund projecting an average of about
0,9% growth of the gross domestic product, GDP, in 2016. The NDP
propose a further 5,4% of economic growth consistently with 2012 to
2030 projections if we are able to create the targeted 11 million
jobs.
Another immense challenge is the youth unemployment hovering just
above 50% in this country, and again this is the issue that we want
to deal with as a global phenomenon. In addressing all these
challenges, our government have made significant strides which will
be articulated below, and l must indicate that a lot still needs to
be done in terms of policy co-ordination across public entities and
collaborations with the private sector.
With regards to the Jobs Fund, the programme seeks to overcome the
barriers of job creation some of which relate to demand for labour,
some to the supply of labour and some to the broader institutional
environment. To address these barriers, it provides public funding
24 MAY 2016
PAGE: 43 of 144
through the funding windows such as support for workseekers,
enterprise development, institutional capacity building and
infrastructure investment.
The Department of Labour has responded very well in moderating work
place conflict as part of its commitment in implementing point
number six of the Nine-Point Plan programme announced by the
President of South Africa during the state of the nation address,
Sona. We are quite happy to hear that proactively the CCMA has, in
consistence with the mandate of your department, zoomed into the
environment now we are going into the negotiation period to make
sure that we create and industrial peace so that the situation can
be able to go forward in a very stable manner.
In this regard the department instituted modalities which
introduced a national minimum wage under the auspices of Nedlac
during 2015. Upon approval by the Cabinet, this will culminate into
the implementation of sector frameworks for business stability, in
collaboration with the key stakeholders including, but not limited
to, the Department of Mineral Resources, Department of Agriculture,
Forestry and Fisheries and the affected strata of trade unions.
In 2015, pilot workplace mediation programmes in the mining and
construction sectors were developed to promote capacity building
initiatives aimed at empowering participants to manage conflict in
the work places. This is what I was relating to. The CCMA has been
24 MAY 2016
PAGE: 44 of 144
leading the facilitation of these programmes in resolving labour
disputes and in some instances averting violent and protracted
industrial actions in a number of sectors.
Several other initiatives also aim at improving and encourage
greater private investment include incentives provided to the
automotive industry, Operation Phakisa and business and government
partnership. In this regard to ensure that productive and peaceful
labour relations, the ANC government is finalising a framework with
business and labour under the auspices of Nedlac to reduce economic
disruption caused by large protracted strikes. Social partners have
reached agreement on the principle of a national minimum wage
policy framework and stakeholder consultation is therefore
continuing in ensuring that policy document will be finalised and
approved by Cabinet the Bill will be introduced to Parliament.
Rebuilding trust between business and labour is critical and we
think that Nedlac as a tripartite set of structure is trying to
assist and we think that it is working super there and we must
begin to work on those achievements.
Government continues to advance the introduction of a secret ballot
in the introduction of codes of good practice and reinvigorated
workplace forums to improve labour relations. This move is laudable
and it will be critical for the stakeholders to escalate it into
social labour compact putting the interests of the country before
all of us. The CCMA continues to take an active role in settling
24 MAY 2016
PAGE: 45 of 144
disputes as a result the number of arbitration proceedings has
fallen by more than 70% between 2003 and 2016. We are beginning to
think that those among us who are sitting here who avoided and
disrespect arbitration awards are beginning to respect the Minister
so that workers could not be willingly arbitrary dismissed.
In conclusion, it is even more crucial than ever that we intensify
efforts through existing programmes like the Sector Education and
Training Authority, Seta, and further education and training, FET,
colleges to ensure that the marginalised sectors of the labour
force, youth and women acquire the relevant skills to participate
meaningfully in the economy. We cannot ignore the increasing need
and importance of high level of skills within the South African
economy. This is in consistence with what the NDP seeks to achieve,
the skills revolution so that as we begin to stimulate our economy
we have the necessary pool of skilled people to be able to
complement that.
The rise in youth unemployment rate between 2010 and 2011 to the
financial year we are now shows how critical it is to enact the
Employment Tax Incentive Act of 2013, with the sole purpose of
expediting absorption of job inexperienced youth. The ANC continues
to encourage businesses across the length and breadth of our
country to take up the implementation of the youth wage subsidy.
The youth of this country are also encouraged to equip themselves
with necessary skills that are needed to grow the economy in this
24 MAY 2016
PAGE: 46 of 144
digital information age. The demand for highly skilled workers is
an indication of the importance of having education coupled with
tertiary qualifications to be employed in top occupational
categories.
In total view of the progress that the department is making in
grabbing the bull by the horns when it comes to tackling the
stubborn structural unemployment, and with appreciation of the
challenges that are facing us globally and domestically, we want to
stand here, Minister, and move that we accept the budget as
presented. Thank you, Chair.
Ms B ENGELBRECHT: Hon Chair, hon Minister and members, I want to
thank you for the opportunity to participate in this crucial debate
as small businesses should be the driving force in our economy.
Two years ago, we were told that the Minister and her department is
brand new baby and that it will take some time to find their feet
granted. Last year, we heard the Minister saying and I quote:
After a year in office, we are confident that we have a fuller
grasp and understanding of our mandate.
We shall lead and be the commanding voice for small businesses
and co-operatives within government.
24 MAY 2016
PAGE: 47 of 144
Last year‗s statement was encouraging and we waited with abated
breath for small business to receive its rightful place in the
economy. Instead, a year later this department has hardly made an
impact on the economy with insignificant progress in terms of
stimulating growth and creating jobs. Lack of strategy and no clear
leadership.
This in a scenario with 8,9 million people unemployed and small
businesses continuing to suffer from over-regulations and unkept
promises and against a backdrop of the falling contribution of
small and medium enterprises, SMEs to the economy as reported by
Statistics SA.
In the select committee, the Minister poured cold water on our
expectations when she said that the budget of R4.3 billion is
inadequate. It seemed that she started off by making excuses,
laying the groundwork to justify her comments when she failed yet
again – not because of ineffective management... [Interjections.]
Ms T WANA: Chairperson, through you, can the speaker who sits with
me in the same committee take a question? Thank you.
THE CHAIRPERSON OF THE NCOP: Hon Engelbrecht, will you take a
question?
Ms B ENGELBRECHT: After the sitting. Thank you Chair.
24 MAY 2016
PAGE: 48 of 144
The CHAIRPERSON OF THE NCOP: After the sitting. Will you please
continue?
Ms B ENGELBRECHT:... Minister, we ask you, why is the National
Gazelles Programme in the Minister‘s department struggling to get
R100 million to support small business while the Department of
Trade and Industry, DTI,‘s Black Industrialists Programme has been
promised R21 billion?
The DA has been calling for an entrepreneur fund for the past three
years and welcomes the announcement of such an entrepreneur fund,
to boost growth and increase employment opportunities. At last,
government is listening with initial funding of up to R3 billion
injected on a 50/50 basis and targeting high growth businesses like
the Gazelles Programme. However, We find it interesting that this
fund is being set up under the watchful eye of the Minister of
Finance, Mr P Gordhan, a private-sector driven programme, thus
bypassing the Minister and raising questions of how the department
will interact with the fund.
A year ago, the DA advocated that Small Enterprise Development
Agency, Seda, and Small Enterprise Finance Agency, Sefa, be merged
to create a single point of entry for small business support at a
national level.
24 MAY 2016
PAGE: 49 of 144
Finally, with the formation of the new entrepreneur fund and a good
mix of grants, loans and equity finance, backed up by mentorship
support, and widely distributed through approved retail channels,
the new fund can play a role in the informal and micro enterprise
sector by funding badly needed infrastructure.
It must support promising start-ups as well as high-growth
potential businesses, to stimulate the entire entrepreneur
pipeline. Just as important, this fund can help big companies
integrate small businesses into their supply chains by providing
working capital.
The DA trusts that big business will get firmly behind this fund as
the growing and inclusive economy will come from targeted lending
and equity investment. Opening up market linkages, to new and
innovative suppliers improving competitiveness in these sectors.
Hon Minister, you are not a new born baby anymore, you have started
walking and now it is time to start running this department in
order for us to see results. This department has already through
its planning, focussed on the policy changes that is required to
achieve an increase in the growth of small business. These
businesses will rightfully be the biggest contributor to job
creation and driving down our unemployment rate.
Hon Minister, I need to quote something for you that says:
24 MAY 2016
PAGE: 50 of 144
Whoever can be trusted with very little can also be
much, and whoever is dishonest with very
trusted with
little will also be
dishonest with much.
You have been trusted with much. You have been trusted with the
Ministry. You have been trusted with R4,3 billion. You have been
trusted to reduce the unemployment. You have been trusted by this
government. You have been trusted with the lives and hopes of the
poor and unemployed.
So please Minister, start leading. Make yourself heard and start
fighting for the 8,9 million unemployed people that have lost hope
faith.
The hopelessly unemployed fathers, who have to provide for their
families, the cries of mothers whose children go to bed with an
empty stomach, the unemployed youth who out of desperation resort
to Nyaope. These people deserve better. I thank you. [Applause.]
Mr J J LONDT: Hon Chairperson, Minister and fellow members, it is
truly a privilege for me to welcome the Minister to the NCOP today.
We are in the midst of an extremely difficult period in our
country‘s young democracy with an economy that simply isn‘t moving
forward to be able to help address the increasing unemployment. But
hon Minister, before I get to the budget I need to state quite
clearly that the Select Committee on Economic Development currently
24 MAY 2016
PAGE: 51 of 144
has the responsibility to monitor and oversee the work and budgets
of national departments and hold them accountable. This includes
the Department of Labour for which you are responsible.
The select committees allow Members of Parliament to engage with
yourself and your department with more time allowances because in
this House the opposition are the only people keeping you
accountable since your colleagues from the ANC will only use their
time to sing your praises.
Hon Minister, since the start of the fifth Parliament you have
shown that you have zero respect for this House and the work this
House has to do through its committees. Not once have you deemed it
necessary to attend a meeting for the full duration; that is, if
you ever pitch up. You are the political head, the person who needs
to account not only to Parliament but also to the Select Committee.
Yet you think MP‘s would be satisfied when you send all your
officials from across the country at an exorbitant cost to the
taxpayers.
Hon Minister, we want you to attend and account. You were elected
by the people of South Africa — including the 8.9 million
unemployed you seem to disregard by not being accountable to their
representatives in Parliament. If you do not have respect for the
people‘s elected representatives, what must we tell the millions of
South Africans about you? Under your watch the myriad of hoops and
24 MAY 2016
PAGE: 52 of 144
hurdles businesses need to navigate have not improved, red tape is
preventing the necessary job creating businesses from firstly
finding traction and secondly to get momentum in order to address
the crippling unemployment.
It is part of yourjob to help create an enabling environment — it
is not something alien to South Africa; it was and is still being
done - if only you were willing to listen. No less than 1km from
were you sit, hon Minister, there is MEC Winde who has an office.
This is a shorter distance than what millions of South African
learners walk to school. You can even get into your car and drive
there, but please do not use your blue lights in this province. The
challenge will be whether there is a willingness from your side to
listen. Firstly, will there be a willingness to attend the meeting
since your track record in select committees does not show that
there is willingness.
With unemployment rising yet again, the Commission for
Conciliation, Mediation and Arbitration, CCMA, has had its work cut
out for them and it seems it will remain under immense pressure.
They are performing rather well despite current circumstances and
need the necessary funding and support to continue their good work.
We have said this before and will say so again, their mandate
should be expanded to help facilitate workers‘ decisions as to
whether they should go on strike or not, preferably with a secret
24 MAY 2016
PAGE: 53 of 144
ballot — because quite often it is an elite few who decide what
best suits them and not the people the unions represent.
Following from the rising unemployment, the Unemployment Insurance
Fund, UIF, will be put in the spotlight — a spotlight they can ill
afford. They are the lifeline for many who have been shoved into
the uncertain world of the unemployed, yet the UIF is not the
beacon of hope. Instead they are adding to the stress and anxiety
by being disorganized, having long waiting times, losing
documentation and another thousand and one excuses for not paying
those most in need.
The proposed changes are welcomed and will be monitored carefully
to see whether progress is being made. We are likewise waiting with
bated breath to read what the report into the collapse of the
Tongaat Mall and the Meyersdal Residence will reveal. Job safety
and security is of critical importance and this responsibility
similarly falls under your mandate.
We are 10 weeks away from one of the most important local
government elections, one where South Africans must decide if they
want to continue on the current path or change course for the
better. The work or lack thereof of your department will also be
measured on the 3rd of August and I can tell you now hon Minister,
you will be found wanting. Voters on the 3rd of August will choose
24 MAY 2016
PAGE: 54 of 144
a local government that is the opposite of what your department
stands for.
The DA has a track record where we govern, and even though we can
only take over this department in 2019, just think what this
department as part of a DA government could achieve: Create
opportunities, and new jobs, so that people can improve their lives
and provide for their families; being responsive to the needs and
concerns of the people it serves, also to the elected public
representatives and not just waiting for a crisis, but having
proactive engagements and when the people speak, we listen; expand
nationally on what the DA local governments already do by leading
the way in providing quality services delivery to all their
residents; and, committed to transparent and accountable
governance. Minister, accountable. That means pitching up at the
select committees amongst other things. And to be an honest
government that has zero tolerance for corruption. This is not so
far off. South Africans deserve better — the unemployed, the
employed, those who have already given up looking for work as well
as those who will enter the job market in the future. This
department and this Minister is proof that the ANC as well as the
chairperson of this select committee fails to hold the Minister and
the department to account is proof that the ANC only cares about
themselves and not ordinary South Africans. I thank you.
[Applause.]
24 MAY 2016
PAGE: 55 of 144
Mr M KHAWULA: Hon Chairperson, hon Minister, colleagues, a threat
to the growth of economy of South Africa and also to the future
stability of the country is the high unemployment rate of the
country which stands at 25,5%. Immediate to this threat of social
and economic uneasiness is the high unemployment rate amongst the
youth of South Africa. The department has a task, amongst many, to
improve labour relations between the labour force and employers.
This will help arrest the relocation of companies from South Africa
to other countries in the continent because of perceived strained
labour relations. It does not look like South Africa is winning
this endeavour.
About a year ago South Africa‘s status as the number one economy in
the continent was overtaken by Nigeria; labour issues, amongst the
many issues was one of the reasons for this downfall. Recently,
South Africa has been overtaken by Egypt, now in the status of
occupying the second position as the second best economy in the
continent. Contrary to the governments self-massage, we seem to be
sliding downwards every year. Our country‗s enemy number one in the
economic downfall is government decisions which are not helping the
growth of our economy.
This downfall is a major blow to the labour force of our country.
With the country losing more and more industries, the citizens of
our country continue to lose jobs and face a bleak future. Talks of
cost cutting measures in the presentation of the budget, compounded
24 MAY 2016
PAGE: 56 of 144
by talks of acquisition of a new executive jet for the President
just in the middle of nowhere, is contradictions of the highest
order. This is not helping our economic growth. It is not helping
in stabilising our labour force.
Of late our mining sector has been plagued by one disaster after
the other. This points to the prioritisation of health and safety
issues to top the programmes of the department. Compliant issues in
respect of salary packages determined by the department, especially
in the farming sector and the domestic workers, is another area
demanding strict monitoring.
Umnyango, mhlonishwa Shenge, uyazinquma izilinganiso eziphansi
zamaholo afanele aholwe ngabasebenzi basezindlini kanye nabasebenzi
basemapulazini. Kodwa kwezinye izindawo laba basebenzi abawaholi
lawa maholo ayilamanani asuke egunyaziwe. Ezinyangeni ezimbili
ezedlule besihambele amapulazi ase-Breamer kanye naseSawoti
ngaseMzinto nabaholi beqembu leNkatha. Abasebenzi bakhale kakhulu
ngamaholo abo angesona isilinganiso salokho okufanele. (Translation
of isiZulu paragraph follows.)
[Hon Shenge (Clan name.), the department determines the mininum
wage for the domestic and the farm workers. But in other places
these workers do not get these wages as authorised. In the past two
months, we visited farms in Breamer and Sawoti near Umzinto with
24 MAY 2016
PAGE: 57 of 144
the IFP leaders. Workers complained about their wages which are not
in line with the minimum wage as dertemined.]
Another area of concern is labour disputes that take too long to
resolve. Labour disputes need to be resolved before much damage is
done that negatively affect the economy of the country. In the
public sector, most suspensions with pay continue to put a burden
on to the already strained budgets of government. Whilst these can,
by law not be totally done away with, the issue is that they must
not take too long to resolve.
In conclusion, formalising the relations between a political party
and a trade union as we have witnessed in the tripartite alliance
of the ANC has not helped much with the growth of the economy. The
time has come for the department to consider a legislation that
will prohibit trade unions from formally and officially associating
with political parties. The department can help provide a clear
separation of roles between the two through legislation. I thank
you. [Applause.]
Ms Z B NCITHA: Chair, hon Minister, hon Members of Parliament
present here, officials and members of the public, good afternoon.
I was listening with interest to the opposition. I thought when
they present, they will find a way of critiquing what the Minister
presented and come up with something that would help the country to
24 MAY 2016
PAGE: 58 of 144
move forward, but unfortunately for me, I failed to pick up that.
[Interjections.]
Chairperson, job creation remains one of the most pressing concerns
for the South African economy. During 2015, a large number of jobs
were created in the community, trade, sales and wholesale sectors
and this presents a structural challenge as less jobs are created
in labour intensive sectors. What is even more concerning, hon
members is the continued negative growth in labour intensive
sectors identified by National Growth Path, which include
infrastructure, manufacturing, mining and so forth.
Manufacturing stagnated in 2015, although performance was mixed
across other industries. According to Statistics SA, 19 000 jobs
were created in the formal sector and 273 000 in the informal
sector in the first three quarters of 2015 – that has happened. The
unemployment rate stood at 25,5 during 2015, with a recorded growth
in private-sector employment concentrated in faster-growing
sectors, such as financial and business services.
Hon members, we have a great plan in the National Development Plan,
the NDP, which identifies the need to support sectors with high
potential for job creation and benefits for the rest of the
economy, alongside critical reforms to improve basic education and
strengthen the capacity of the state. The plan guides government‘s
current efforts to support the economy, focused on alleviating
24 MAY 2016
PAGE: 59 of 144
infrastructure bottlenecks, improving labour relations,
strengthening skills, diversifying exports, and facilitating an
innovation-friendly business environment.
It is very critical for the Department of Labour and its entities
to continue rebuilding trust between business and labour as this is
critical to finding collaborative solutions as the economy
undergoes structural challenges. In this regard hon Chair, we must
applaud good efforts by the department in finalising a framework
with business and labour, under the auspices of the National
Economic Development and Labour Council, Nedlac. This will reduce
the economic disruption caused by large, protracted strikes that we
saw in 2014 and 2016.
During the 2016-17 financial year, the Department of Labour,
received a total of R2,848 billion. This is a R165 million increase
in nominal terms. However, this budget has been decreased by
R11 million from the allocation of 2015, but we trust that the
strategic leadership of the Minister will ensure the department
does not compromise the key delivery programmes in its
prioritisation.
We further appreciate such budget cuts as commitments to the
Cabinet decision to lower the national aggregate expenditure
ceiling under the theme of cost-containment measures in light of
the current economic climate change. Hon Chair, it is also
24 MAY 2016
PAGE: 60 of 144
gratifying to note an increased budget allocated to the programme
of Labour Policy and Industrial Relations programme. This programme
received a total amount of R965,2 million, which constitutes 35 per
cent of the total departmental budget. This is where the efforts of
the Commission for Conciliation, Mediation and Arbitration, CCMA,
and Nedlac are catered for, to restore good industrial relations
between workers and employers, and avert unnecessary strikes that
destabilise the economy. The biggest budget allocation to the
Labour Policy and Industrial Relations programme is due to the
transfer to the CCMA of R770,5 million.
The CCMA is arguably the busiest labour dispute resolution centre
in the world. The last available figures from 2014-15 Annual Report
indicates that a total of 171 854 new cases are referred to the
CCMA on a daily basis. Of these hon Chair, more than 137 000 cases
were deemed to be jurisdictional and 76% of these cases have been
settled. This leaves a significant number of cases that end up to
arbitration, the Labour Court or in strikes or lockouts.
Therefore, hon Chair, any additional resources that could be
allocated to the CCMA can only assist this organisation in further
limiting the burden on the arbitration and court processes as well
as avoiding the risk of industrial action. Other important
programmes of the department include the inspection and enforcement
services, whose mandate is to realise decent work by regulating
nonemployment and employment conditions through inspection and
24 MAY 2016
PAGE: 61 of 144
enforcement. This programme is very important to achieve compliance
with all labour market policies. Inspection and enforcement
services also include Management and Support Services, which cover
Occupational Health and Safety.
I want to further appreciate the focus of the Annual Performance
Plan of the department, which will deploy the allocated budget for
the implementation of the amended Labour Relations Act, Act 66 of
1995, the Basic Conditions of Employment Act, Act 75 of 1997, the
Employment Equity Act, Act 55 of 1998, and a national minimum wage.
It is also worth noting that the labour relations were reported as
improving during the Medium-Term Budget Policy Statement of 2015,
with 176 000 workdays lost to industrial action in the first half
of the year, down from 7,5 million in the first half of 2014. This
is quite a good progress, hon Chair, as the strikes have been
relatively short-lived, primarily affecting individual firms rather
than the entire subsectors.
Indeed, hon Chair, the government of the ANC is consistently
proving the prophets of doom wrong on a daily basis, and we are
taking this country forward – they are continuing to do the
opposite. In this regards, we are also noting the progress being
made in the Nedlac discussions to formulate a framework for
stabilising the labour market. In addition hon Chair, the recent
Labour Relations Amendment Act, of 2015 and the Employment Equity
Amendment Act have given the CCMA, new powers to intervene in
24 MAY 2016
PAGE: 62 of 144
strikes, in turn giving the CCMA more teeth and curtail of
prolonged strikes.
Both these interventions have the potential to improve South
Africa‘s collective bargaining and labour relations. In this
regard, I want to assure the department that the committee will
exercise its oversight function to assist the department in dealing
with its challenges of implementation of programmes, including
addressing the issue of vacancy rates in the department and its
entities. This will be very a key in ensuring that the department
delivers on its frontline services such as the linking of job
seekers with potential employers and navigate a defined path
towards economic growth and general socioeconomic development. With
these remarks, hon Chair, the ANC would like to support the Budget
Vote of the Department of Labour. Thank you. [Applause.]
Mr
V
E
MTILENI:
Inhlekanhi
eka
Mutshamaxitulu
wa
Yindlu.
Ndzi
xeweta na vatirhikulorhi hinkwenu ku katsa na vuyeni lebyi nga kona
eka
galari.
[Good
afternoon
to
the
Chairperson
of
the
House.
Greetings to all the colleagues including the guests present in the
gallery.]
Chairperson, we are not going to deal with the issues of
dysfunctional state of the department, but principle matters. It is
fitting that we debate Labour Budget Vote in the backdrop of
quarterly labour force survey. The reality of millions of South
24 MAY 2016
PAGE: 63 of 144
Africans, in particular young Africans, in the townships and rural
areas is a depressing one. More than six million people, most of
them are young, who are willing, ready and capable to work cannot
find jobs. It is clear that the economic policies of the ANC
government are a major cause of unemployment.
South Africans are waking up to a realisation that the EFF is our
last hope for jobs. In 2014, we were told that the introduction of
national minimum wage is a done deal ... [Interjections.]
Ms T WANA: Hon Chairperson, can the speaker take a question? Can an
hon speaker ... [Interjections.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): No, no, I got it well. Do
not worry, hon Wana, I will ask him. Hon Mtileni, are you ready to
take a question?
Mr V E MTILENI: As usual, in the bus. Sithandwa sami ebhasini [My
love on the bus.] [Laughter.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): No, he is not ready.
Continue, hon Mtileni.
Mr V E MTILENI: Chairperson, in 2014, we were told that the
introduction of the national minimum wage is a done deal and all
that was left was to agree on the level. All indicators points to a
24 MAY 2016
PAGE: 64 of 144
deliberate misleading of workers, the ANC government together with
Congress of South African Trade Unions, Cosatu, has no intention to
introduce national minimum wage. The ANC in collusion with the DA
rejected a motion by the EFF last year in November to introduce a
national minimum wage ... [Interjections.]
Ms P C SAMKA: Ndicela ukubuza ukuba ingaba ilungu elihloniphekileyo
likulungele kusini na ukuthabatha umbuzo? Enkosi. [I would like to
know whether the hon member is ready to take a question. Thank
you.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mtileni, hon Wana is
checking whether you are ready to take a question.
Mr V E MTILENI: Angithi nawe uhamba nami mama ... [Uhleko.] ...
ngebhasi? [You too also travel with me madam ... [Laughter.] ...
with the bus?]
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mtileni, you cannot talk
to her direct. You can respond to the question ... [Interjections.]
Mr V E MTILENI: Sihlalo WeNdlu, naye umama ngihamba naye ngebhasi.
[House Chairperson, I travel with her too, with the bus.]
24 MAY 2016
PAGE: 65 of 144
The HOUSE CHAIRPERSON (Mr A J Nyambi): No, he is not ready to take
your question. Continue hon Mtileni.
Mr V E MTILENI: It is time for workers, across all sectors to
realise that the EFF is our last hope for a meaningful and the
living national minimum wage.
Today, sons and daughters of cleaners, gardeners and drivers at the
University of Pretoria can access free higher education like those
of professors. As the EFF, we say salute to the EFF Student Command
for taking the right of labour brokers and outsourcing to the right
quarters. Therefore, we are saying that the same will happen in all
other institutions of higher learning. It is time for workers
across all sectors to realise that the EFF is our last hope for a
complete ban of labour brokers and outsourcing.
The latest report of employment equity that shows lack of
transformation is not a surprise. Until such time that there is a
real and meaningful economic transformation. Racial transformation
approach of the ANC government is a wild goose chase. Only state
ownership and control of strategic sectors of the economy should be
the foundation for sustainable economic transformation in South
Africa. It is only then that we will see employment equity
transformation. Therefore, domestic workers from Alexander and
other townships will earn a living wage of more than R4 500 per
month.
24 MAY 2016
PAGE: 66 of 144
Mineworkers in Marikana and other mines will earn a living wage of
more than R12 500 per month. Builders will earn a living wage of
more than R7 O00 per month. Petrol attendance at Sasol, Engen,
British Petroleum, BP, Shell and other petrol stations will earn a
living wage of more than R5 000. The EFF will illustrate through
the People‘s municipalities the role of the state in simulating
labour absorptive economic activities as outlined in the EFF 2016
manifesto. The EFF is our last hope for jobs. Salute!
Mr W F FABER: Hon Chairperson, Minister and fellow members, hon
Minister, it is good to see you here. Hence, it has been a long
time. South Africa has 8,9 million South Africans unemployed. You
must listen to this, Minister - 8,9 million people. Most of these
poor people have lost hope for future employment in South Africa.
The ANC government of the day is part of this reason; there are
poor people in this specific position. The government has not
created the environment for opportunities for small businesses and
entrepreneurs. Instead, hon members, this Department of Labour
creates more and more short-term solutions via Expanded Public
Works Programme, EPWP, projects to keep people dependant on the
piecemeal jobs, it is so well-known, to feed their families.
With the upcoming elections, we know that the ANC officials are
working hard to pull the wool over voters‘ eyes telling them about
all the jobs that we will be dishing out for people voting for the
ANC and having an ANC member cards. As you know that the ANC member
24 MAY 2016
PAGE: 67 of 144
card is the golden ticket to get work in EPWP jobs. Hon Eddie will
come after this and tell us it is not so, but we know that he is a
good politician. We have seen year in and year out, this is
happening, only the ANC members getting jobs in EPWP. Before
elections, this is when job starts all of a sudden, projects pop up
and all of a sudden there is hope for the unemployed people in our
country. The ANC does not understand fairness because they are set
on only creating jobs for fellow cadres. Everyone out knows this.
Fellow cadres whose names suddenly appear in project managers‘ list
on top. Therefore, if you are on a list, all of sudden you just see
new people coming on top of the list and you do not understand why
you are not getting jobs.
The DA asked the unemployed people on the ground not to lose hope.
We do not want you to lose hope. You can never be free, until you
have financial freedom. Now, the DA has a proven track record, not
empty promises as the ANC is making for the last 22 years.
Chairperson, can I be protected? We, as the DA, where we govern we
create opportunities for investments, like we have done in the
Western Cape Province as well as the Midvaal Municipality.
Thousands of jobs, hon members, have been created in these areas,
real jobs, permanent jobs, not one or two months jobs and not just
for those few months as this EPWP jobs. This is what the DA puts on
the table when and where we govern.
24 MAY 2016
PAGE: 68 of 144
The Department of Labour has become an ANC election tool,
unfortunately, Minister, this is the truth. We ask voters not to
throw away opportunities for yourself and your children for their
futures. If the ANC government has no solution after 22 years in
government, it is time to throw in the towel, you have seen the
boxers throwing the towel, and let the DA government bring these
opportunities for service delivery to our people. The DA has shown
in the Western Cape Province how the youth wage subsidy has helped
many young people getting into the workforce compared to the
watered-down ANC Employment Tax Incentive. What the ANC needs to do
now is to ensure that not only will the incentive be budgeted for,
but also upgraded into stronger DA proposals so that our youth can
thrive.
Now, hon Minister, you better start doing your job to unblock
growth and creating jobs because come 3 August 2016, there will be
many, many, many sitting ANC councillors looking for jobs when the
DA kicks them out at the election polls. I thank you. [Applause.]
Mr E MAKUE: Hon Chairperson, Minister Olifant, let me start off
with the famous words of the Willem Faber from the DA. You must
listen to this. I have heard that many a time and I wait
attentively for him to say something but he is not saying anything.
I also heard hon Faber talking about incentives. He must learn to
listen and read because in the Department of Trade and Industry, he
will see a lot of what we are doing. These are the incentives. It
24 MAY 2016
PAGE: 69 of 144
is not the Department of Labour‘s responsibility to provide
incentives. He is echoed by his other dear colleague in the DA, hon
Londt who talks about wanting to engage with the Minister.
However, when we go out to the communities and do our oversight, he
is not interested in going there because that‘s where we in the ANC
see our priorities - to be present amongst our people. Then he
talks about the elite few who go on strike. Now, P W Botha did
better than that when he spoke about agitators. As if people cannot
think for themselves, what he is trying to say is that the DA‘s
position on labour matters is even more conservative than that of P
W Botha. We in the ANC accept with humility the responsibility to
lead. And we will lead you, opposition, as we have led you to this
free South Africa. We will lead you further through political
education because what happens is that when hon Mtileni has been
given a wonderful opportunity - he had six minutes to address us,
and what he did was speak for three minutes and when he is back on
the floor he wants to make noise, to shout and things like that.
What an opportunity lost to let the nation hear what is in the EFF
policies. That‘s curious.
Trade union federations like the National Council of Trade Unions,
Nactu, the Federation of Unions of South Africa, Fedusa and the
Congress of SA Trade Unions, Cosatu, that were established during
the apartheid era following the proud leadership of the SA
Democratic Teachers Union, Sadtu, and also the SA Congress of Trade
24 MAY 2016
PAGE: 70 of 144
Unions, Sactu, campaigned for the rights of workers even under
apartheid and were eager and rigorous in their efforts to ensure
that the rights of all workers are protected in the Constitution of
a democratic South Africa.
In this constitutional democracy led by the ANC, it is vital that
we revisit the Constitution as we engage in this debate on labour.
Paramount is section 23 of the Constitution that spells out what
labour relations will be in our democratic society. Section 24
makes reference to an environment that is not harmful to the health
and wellbeing of those in the workplace. Section 28 provides for
the protection of children from exploitive labour practices and
that children must not be required or permitted to perform work or
services that are inappropriate. Section 34 affirms that workers
right of access to courts and access to fair and speedy labour
justice must be respected.
There are many other constitutional provisions and labour laws
aimed at promoting and protecting the rights of workers. We
encourage South African workers to always celebrate the
International Day of Workers on 1 May. Workers of the world have to
unite as we know that an injury to one is an injury to all!
While interrogating the annual performance plan of the Labour
Department, it was a pleasure to observe that such rights are being
considered and that the budget makes provision for the work to be
24 MAY 2016
PAGE: 71 of 144
done in protecting and enhancing the rights of workers. The
director-general of the department admitted to us that they cannot
do everything with the money they have available. He also admitted
to us that there are other constraints the department has but
indicated very clearly that the plans that are being presented to
us in this budget today are realistic - they are achievable.
It is also the recognised policy mandate of the department to,
amongst others, protect vulnerable workers, ensure sound labour
relations, eliminate inequality and discrimination in the
workplace, and enhance occupational health and safety give value to
labour market flexibility. Those who vote against the budget - we
know who they are, will vote against these things that are
happening to workers. They come to the podium and say: ―We in the
EFF promised workers ... ‖ - but when they vote, they are not
interested in what this democratic government is doing to enhance
the rights of workers.
The importance of organised labour was recognised even by the
apartheid state - members of the DA should note that, although
worker rights were seldom respected. On l May 1979, the first
interim report of the Wiehahn Commission was tabled in the
apartheid Parliament.
24 MAY 2016
PAGE: 72 of 144
Mr V E MTILENI: Hon Chairperson, I have a membership form that I
can pass over to hon Makue. He seems to be a good spokesperson, so,
he can immediately come and fill in the form here.
The CHAIRPERSON OF THE NCOP: Thank you, sir. You are out of order.
Hon Makue, please continue.
Mr E MAKUE: As usual, you are out of order. Thank you for being out
of order. Through you, Chairperson; you are just being consistent.
The Wiehahn Commission was set up by the oppressive and
exploitative apartheid government after the Durban strikes of 1973
and the Soweto uprisings of 1976, which we are celebrating its 40
years anniversary next month. The Wiehahn Commission believed that
these reforms were necessary, industrial relations system in South
Africa. Again, look at what the commission said in 1979 under
apartheid and compare it to what the DA is saying because their
policy says nothing on labour matters.
Listen to what they say at the podium. Two years later, however,
the Wiehahn Commission made recommendations that the Labour
Relations Act be amended to grant black trade unions legal
recognition and encourage them to register. There was mischief
behind this move. The Wiehahn Commission believed that these
reforms were necessary to control the proliferation of black trade
unions in the 1970s. They did not succeed.
24 MAY 2016
PAGE: 73 of 144
Its recommendations were that government makes sweeping changes to
include the following: Legal recognition of black trade unions and
migrant workers while the DA is now saying you should not have such
recognition; abolition of statutory job reservation but the DA is
saying that jobs must not be reserved for blacks; retention of the
closed-shop bargaining system, the DA is saying that you cannot
have a system that is closed, it must be open ...
The CHAIRPERSON OF THE NCOP: Hon Makue, please take your seat. Hon
Faber?
Mr W F FABER: Chairperson, that is a blatant lie by this speaker
and it is proven. I said that where the DA governs, more jobs are
created; so, if the hon Makue can accept this and please not speak
the truth in a different way.
The CHAIRPERSON OF THE NCOP: Hon Faber. Hon members, I am certainly
not a labour expert but please in debate issues that point which
you are raising is a point of debate in as much as what hon Makue
raised as a debate. I am on the floor. Are you challenging what I
am saying? Members, take your seat. Members, the second issue is
that I think that we should allow this point to go on.
Hon Makue, you are being challenged as telling lies to this House
and also to the nation. You can in the next few minutes
substantiate you claim to that which you have said before I am
24 MAY 2016
PAGE: 74 of 144
forced to ask hon Faber to come with a substantive motion to prove
that you indeed lied to the House. Please continue.
Mr E MAKUE: Hon Chairperson, all of us as members of the NCOP
recently had the opportunity to visit the Eden District
Municipality and it was good to see how many jobs the DA is not
creating within that district municipality. We have also, as
national government, had to intervene in various instances like in
the industrial development zones, IDZ ...
The CHAIRPERSON OF THE NCOP: Hon Makue, take your seat. Hon
Engelbrecht?
Ms B ENGELBRECHT: Hon Madam Chair, according to the government
performance index completed by the good government ...
The CHAIRPERSON OF THE NCOP: Is that a point of order?
Ms B ENGELBRECHT: It is just a point of order, Madam Chair, to say
that the hon member is not telling us the truth because according
to this index, it is not a debate, it has been proven. According to
this debate the top nine municipalities are DA run and the DA
municipalities has the lowest rate of unemployment. It is not
debatable. It is a point; it is a fact. It is a paper that has been
written and being published. It is fact, Madam Chair. So, the hon
member can withdraw his statement ...
24 MAY 2016
PAGE: 75 of 144
The CHAIRPERSON OF THE NCOP: Hon members, it is time ... Please
take your seat. It is time for elections and I can hear all parties
trying to market themselves in the House. That is understandable. I
think that members must make these speeches in their debates. The
speeches that steal our time where point of orders are made, debate
those things in your portfolio committee meetings, debate them in
speeches when you take the podium. For now, all the points that you
are making are points of debates. Please continue, Ntate Makue.
Alikapheli, baba. [It has not expired, sir.]
I am the timekeeper, you are not. Ntate Makue, please continue.
Mr E MAKUE: Hon Chairperson, the Department of Labour has
established partnership with the Gauteng province with the
provincial government and with municipalities in this programme.
The first thing that we are looking at is the Gibela project where
Passenger Rail Agency of South Africa, Prasa ...
The CHAIRPERSON OF THE NCOP: Ntate Makue, you are eliciting enough
excitement. Please take your seat. Hon Smit? [Interjections.]Please
take your seat, your colleague is on the floor. Ntate Smit?
Mr C F B SMIT: Hon Chairperson, I would like to know if the hon
member would take a question.
24 MAY 2016
PAGE: 76 of 144
The CHAIRPERSON OF THE NCOP: Hon Makue, will you take a question?
Mr E MAKUE: Chairperson, had the DA not taken up so much of my
time, I would be taking their question. [Interjections.] Whatever
they do is not going to disrupt me, Chairperson. [Interjections.] I
am going to make my point ...
The CHAIRPERSON OF THE NCOP: Please take your seat. Hon Julius, you
were on your feet.
Mr J W W JULIUS: Hon Chairperson, it was actually the same request
but from Gauteng to Gauteng. Then, will the member take my
question?
The CHAIRPERSON OF THE NCOP: Thank you very much. Will Gauteng to
Gauteng do the Gauteng thing in Gauteng? Can we continue please,
hon Makue?
Mr E MAKUE: Chair, the leadership of the ANC is unquestionable when
we hear how the DA wants to raise questions with us. I am available
at any time to talk to you outside of my limited time at this
podium. The Prasa project is looking at construction of workshop
and building of training centre in Dunnottar, in Nigel. The Labour
Activation Programme has four projects that were approved and we
are looking at the Manufacturing Engineering and Related Services
Sector Education and Training Authority, Merseta, the Transport
24 MAY 2016
PAGE: 77 of 144
Education and Training Authority, the Agricultural Sector Education
and Training Authority, AgriSeta, and the Wholesale and Retail
Sector, Education and Training Authority, Seta.
The Wholesale and Retail Seta is focusing on small, medium and
micro-sized enterprises, SMMEs, development as well as trades in
the wholesale and retail sector. And I as a delegate from Gauteng
will be working with the Department of Labour to ensure that these
objectives become real and to the benefit of people in this
country. We don‘t need to say it just to get votes. The people that
know the ANC, know that we deliver on our promises. Fifty
beneficiaries are already in training at the ... [Time expired.]
... Ekurhuleni East College for obtaining a National Certificate
also in Community House Building. Thank you.
The MINISTER OF LABOUR: Chairperson, firstly let me start with the
issue that was raised by hon Mtileni. I don‘t know who said the
issue of the national minimum wage was a done deal. There are
procedures followed when you negotiate so that you come up with a
concrete decision where business, labour, government and the
communities have agreed at the National Economic Development and
Labour Council, Nedlac. If you were the previously a worker, you
would know how the processes are done. I also want to caution you
that you must never play with the emotions of the workers in this
country. [Applause.] I don‘t want to get into details about the
situation that happened in Marikana because some of your members
24 MAY 2016
PAGE: 78 of 144
here claimed to be the widows of those workers that died there. I
think you must respect the workers.
Mme N P MOKGOSI: Modulasetilo, mo ntlheng ya kgalemo: Ke ne ke kopa
gore o bolelele motl Tona gore a seka a bua mo boemong jwa ga motl
Mtilene. Fa a sa tlhaloganya gore motl Mtilene o ne a reng, a
botse. Gape a seka a bua mo boemong jwa EFF, a motl Tona a dire
tiro ya gagwe a seka a tla go tsaya botlapa jwa gagwe a be a bo
baya mo go motl Mtileni. Ke a leboga.
MODULASETULO WA NCOP: Ke a leboga ... [Tsenoganong.] (Translation
of Setswana paragraphs follows.)
[Ms N P MOKGOSI: Chairperson, on a point of order: I would like you
to inform the Hon Minister to not speak on behalf of hon Mtilene.
If she does not understand what hon Mtilene is saying, she must
ask. Furthermore, she must not speak on behalf of the EFF; the hon
Minister must do her work, she must not blame her laziness on hon
Mtilene. Thank you.
The CHAIRPERSON OF THE NCOP: Thank you ...[Interjections.]]
Ms N P MOKGOSI: Shut up! I am listening to the Chair.
The CHAIRPERSON OF THE NCOP: Order! Please take your seat. Hon
Mokgosi, that was not a point of order. Hon members do refer to
24 MAY 2016
PAGE: 79 of 144
parties, do refer to people inside and outside of this House and
that is permissible, hon Minister please continue.
The MINISTER OF LABOUR: Chairperson, to hon Faber, I think what you
said is not true about the department ... [Interjections.]
The CHAIRPERSON OF THE NCOP: Hon members do not drown the speaker
at the podium.
The MINISTER OF LABOUR: ... when you said the Department of Labour
is creating Expanded Public Works Programme, EPWP jobs. The EPWP is
led by the Department of Public Works and I have indicated on how
we are going to deal with that situation. It is clear that you were
not listening when I was speaking at this podium today. But at the
same time, I just want to say to you ...
Mr C F B SMIT: Hon Chair, on a point of order: The hon Minister
keeps on speaking directly to members in the House instead of
through the Chairperson.
The CHAIRPERSON OF THE NCOP: Point taken, hon Minister please
address the House through me.
The MINISTER OF LABOUR: I apologise Chairperson. Through you Chair,
hon Faber raised the issue that we employ people while at the same
time they will be on our list. When I visited the farms in
24 MAY 2016
PAGE: 80 of 144
Vredendal, the person who claimed to be the leader of the
association of farmers is number two on the DA list. They are
saying he will be co-ordinating and convening on behalf of the
farmers. That person indirectly as well, together with his
colleague I was informed by one of them that they are using some
money from the Social Development here to run some projects around
the Vredendal municipality. I think those issues ...
[Interjections.] No how can I be in charge because that was given
by the MEC for Social Development in the Western Cape. It is clear
that maybe she doesn‘t understand on how to utilise the Social
Development budget.
Chairperson on the issue that was raised by the first speaker of
the DA, he said that I have zero respect for select committee. I
would appeal you Chairperson through the procedural staff to give
them the Chairperson‘s manual that was drafted in 2005 here in the
NCOP to say the Minister can go to the select committee or
portfolio committee as per invitation of the Chairperson of that
particular committee. The reason why we came up with that manual
then, it was the same DA that was complaining that the Ministers of
the ANC are flooding the committees and doing the political work.
Therefore if that manual will be amended I will be very happy
Chairperson to hear from you. On the issue of the secret ballot and
also ...
24 MAY 2016
PAGE: 81 of 144
Mr O S TERBLANCHE: I just wanted to ask the hon Minister whether
she will be willing to take a question.
The CHAIRPERSON OF THE NCOP: Hon Minister, are you willing to take
a question?
The MINISTER OF LABOUR: Because of the time Chair, I am not going
to take any questions. [Interjections.]
The CHAIRPERSON OF THE NCOP: No, hon Terblanche.
The MINISTER OF LABOUR: They were supposed to raise those issues
during the debate. Chairperson, on the issue of the secret ballot,
these issues are being dealt with at Nedlac. The hon Chairperson of
the select committee has outlined the programme on the national
minimum wage at Nedlac and one of the codes of ethics is the one
that deals with the issues of secret ballots and we will publicise
that after it had been adopted by the committee of principals. Also
on the report of uThongathi Mall about the investigation, we are
going to publish that report this afternoon. I believe that the
member heard that is what we will be doing because they do have a
member who is the Director in the Media24.
Chairperson on the issue of the contribution by us towards job
creation and employment, what we are doing as the department
through the Public Investment Corporation, PIC we have invested
24 MAY 2016
PAGE: 82 of 144
R118 billion and R52 billions. Those billions are from the funds so
that they can fund those businesses that will create jobs, that is
what we are doing. But at the same time hon Chair, I believe that
the members do understand that we have the supported employment
factory which was previously known as shelter employment factory
where ... Chairperson I will appeal that we be given enough time to
go and fully brief the members about the programmes that we are
doing. Thank you. [Time expired.] [Applause.]
Debate concluded
The MINISTER OF HOME AFFAIRS: Chairperson, Deputy Minister and
Minister, Oliphant, hon members and distinguished guests. For far
too long Home Affairs has been perceived as a slow moribund
department offering low-value services in an inefficient and
indifferent manner. No more! We are re-imagining it as a modern,
digital and secure custodian of national identity responding to the
present and future needs and circumstances run by professionals
operating in a highly secure environment to protect the precious
records of all our people. With this in mind, it is appropriate
that Cabinet decided last month to fully integrate Home Affairs
into the Security cluster and thus paved the way towards the
pursuit of this new vision that will see the department realigned
so that it plays its vital role to enable economic development,
contribute to national identity, national security, support
24 MAY 2016
PAGE: 83 of 144
governance and administration and enable effective service
delivery.
This extensive view of Home Affairs will enable critical partners
in the public and private sectors to identify their needs and
partner with us to fulfil them in the national interest. Later this
year, we will present a business case to Cabinet that will amongst
others, show how a modern secure Home Affairs will enable
government to deliver services better, cheaper and faster,
drastically reduce fraud and meet the above-mentioned four critical
contributions. In the meantime, some of our targets will be
affected by budget constraints but we will strive to use existing
resources creatively and continue to make innovative use of publicprivate partnerships, PPP, to deliver on our mandate.
Universal civil registration rests on two legs – early registration
of all births within 30 days and provision of identity documents to
all adults. We have made great strides on early births registration
in recent years from registering 39% of all births within 30 days
in 2010-11. We registered approximately 67% all births within 30
days in 2015-16. We will continue working with the government and
community stakeholders to pursue 100% compliance with early births
registration.
Home Affairs, manages immigration by balancing three overarching
objectives; economic development, national security and the
24 MAY 2016
PAGE: 84 of 144
fulfilment of our international obligations. We aim to contribute
to economic development by facilitating the entry of visitors,
tourists, skilled workers and investors into South Africa. In 201516, we facilitated the entry of 16,1 million foreign nationals into
the country. The number of tourists arrived in South Africa in
January increased by 15% year-on-year. We also issued 4 424
critical skills visas last year. We now have 25 visa application
centres in nine high-volume tourism markets around the world and
will increase these to 36 in 12 countries by the end of this year.
We are especially committed to contributing to regional integration
in Africa and efforts to ease the movement of Africans on our
continent.
It was in this context that we launched the recent programme such
as the Zimbabwe Special Permit, ZSP, completed last year and the
current Lesotho Special Permit, LSP, to regularise our SADC
neighbours leaving in South Africa and enhance co-operation. We
also initiated the first ever community border crossing point
between South Africa and Botswana at Tshidilamolomo in the North
West province with the aim to roll this out to other border
crossings with selected other neighbouring countries.
This year, we will pay more attention to strengthen bilateral and
multilateral relations with fellow African countries on migration
matters. We have almost completed the implementation of the 2014
immigration regulations including the long-term multiple-entry visa
24 MAY 2016
PAGE: 85 of 144
for business people, academics and frequent travellers to South
Africa. We started implementing biometric capture at O R Tambo,
King Shaka, Cape Town and Lanseria international airports, which
has enabled us to abolish the transit visa and allow prospective
travellers mainly from China to apply for visas through accredited
tourism operators.
This year, to further support tourism and inward investment, we
will open two premium visa facilitation centres in Port Elizabeth
and Durban, with a third likely to be opened in Cape Town.
Furthermore, I have directed the department to explore ways to
improve our management of international students. In the coming
weeks, we will launch a special exemption to allow graduate
international students in critical skills areas to qualify for
permanent residence permits upon graduation so as to ensure that
South Africa benefits from all of the skills produced by its
universities, and to make it easier for international students who
want to work or start business in South Africa after graduating to
do so.
We should also note that last year, on Africa Day, we held our
inaugural Mkhaya Migrant Awards, as a way to acknowledge and
celebrate the positive contributions of immigrants in our society.
24 MAY 2016
PAGE: 86 of 144
In terms of the new White Paper being developed, issues of the
integration of immigrants in our society will receive prominent
attention.
With regard to the five priorities we outlined last year: Firstly,
we are making steady progress to modernise and digitise Home
Affairs. The live capture system, which supports the ID smart card
and the passport, offers South Africans a glimpse into the future
of Home Affairs. In this regard, we have issued 4,1 million ID
smart cards to date and have met our target of 2,2 million ID smart
cards issued last year. We aim to issue another 2,2 million cards
this year. Live capture offices have increased from 140 to 178 and
all of them now accept payment by cash, credit and debit cards.
However, even with 178 modernised offices, getting to 38 million
and beyond will pose an enormous challenge. To accomplish this we
needed to be creative. That is why we developed eHomeAffairs, a
ground-breaking, innovative solution in partnership with the
banking sector. It is an online platform where customers can apply
and pay for ID smart cards and passports, which they can finalise
and collect at their banks. Four banks have partnered with us to go
live and the service is operational at 11 bank branches in Gauteng
and one in Western Cape.
To date, approximately 35 287 applicants have taken advantage of
our partnership with the banks to apply for ID smart cards and
24 MAY 2016
PAGE: 87 of 144
passports without stepping foot in a traditional Home Affairs
office. To manage capacity, we opened this platform only to
applicants between 30 and 35 years old, but we have this week
expanded it to the group between 25 and 40 years of age. Other
initiatives taking place this year as part of modernisation include
digitizing 6 million birth paper records; automating birth,
marriage and death processes; working with SITA and other service
providers to improve system uptime; and exploring options to
refresh or upgrade our mobile units to serve remote communities.
As we ventured onto rendering our services online, we have
strengthened our network and systems security and we will continue
to strengthen our cybersecurity capabilities.
Secondly, a business case for the BMA was submitted to the National
Treasury in 2015 and Cabinet subsequently approved the draft BMA
Bill in September 2015 for introduction to Parliament.
Subsequent to that, extensive engagements on the draft Bill took
place at NEDLAC, which have now been completed and the Bill has
formally been sent to the National Assembly. With the support of
Parliament, we believe we are on track to meet the target date for
the establishment of the BMA, of 1 April, 2017.
Thirdly, we registered a PPP with National Treasury last year, and
appointed KPMG as a transaction advisor in December 2015 to lead
24 MAY 2016
PAGE: 88 of 144
the process towards the revamp of the physical and systems
infrastructure of six key land ports of entry. Certainly, for this
work, we will set bold BEE, local supply and skills development
targets.
Fourthly, we are in the final stages of a review which has been
several years in the making of our international migration policy.
Cabinet has approved the publication of the Green Paper for public
comments, setting in motion a process of extensive public
engagement that will lead to a White Paper to be published by March
2017, which will form the basis of national policy and future
legislation.
Fifthly, the Deputy Minister will elaborate on the measures we are
taking to improve frontline service, anchored around the Moetapele
Initiative we launched last year.
In the 2016-17 financial year, we are transferring R1,6 billion to
the Independent Electoral Commission, IEC, and R134 million to the
Represented Political Parties‘ Fund. The full complement of the IEC
commissioners has been completed with the appointment by the
National Assembly of Ms Janet Love, onto the commission. We trust
that the IEC will ably conduct this year‘s municipal elections in
pursuit of their Constitutional mandate to deliver credible, free
and fair elections.
24 MAY 2016
PAGE: 89 of 144
No funds are transferred to the Government Printing Works, GPW, as
the organisation has been self-funding since 2012, with last year‘s
revenue exceeding R1 billion. This notwithstanding, GPW will this
year continue implementing asset recapitalisation programme that
will ensure the completion of the Dispatch Centre for passports and
ID smart cards, significantly improving security and efficiency and
will also begin the final phase of bringing all of GPW‘s operations
into one state of the art facility, for completion by 2020. The
legislation process for the conversion of GPW from a government
component to a state-owned company is underway.
Finally, GPW will pursue its footprints expansion to our
counterparts in the SADC and other regions as part of fostering the
African agenda.
As we continue to re-imagine Home Affairs and deliver new channels
of service delivery, we are making visible strides in meeting our
performance targets, rising to about 80% in 2015-16, compared to
close to 70% in the previous year and 50% in the year before last.
Accordingly, we can conclude that this re-imagining of Home Affairs
is both meeting the expectations of our clients and creating new
levels of excitement for our officials that makes them work hard to
pursue our performance targets. In this regard, I would like to
thank the Deputy Minister for her tireless work, sterling support
and wise counsel all the time.
24 MAY 2016
PAGE: 90 of 144
I also thank the Director-General, his deputies and all our staff
for their excellent support and continuous improvement of our
services to our nation, our clients and government. Because of
them, we live in exciting times today at Home Affairs and are proud
to be part of the massive changes our people are today experiencing
as a result of this re-imagining effort.
I wish to thank also the leadership and staff of the agencies that
report to me for their hard work, dedication, patriotism and
constructive support.
I finally would like to thank the Chairperson of the Select
Committee, the hon Dlamini, as well as all the members of the
committee for their support and constructive criticism and guidance
in the execution of our mandate.
Chairperson, it is my privilege at this moment to table this, the
Budget Vote 5 of the Department of Home Affairs before this august
House.
I thank you.
Ms L C DLAMINI: Hon Chair, my greetings to the hon Minister, Deputy
Minister, hon members, guests and people of South Africa. Let me
upfront say that as the select committee we had an opportunity to
get a briefing from the department and we agreed that we welcome
24 MAY 2016
PAGE: 91 of 144
and support the budget of the department having been convinced that
it is aligned to all strategic policy provisions and we are
convinced that it is going to address the needs of our people. I
have decided to take another route having listened to the debate of
the Department of Home Affairs in the past. Hon Minister, You will
talk until you are blue in the face if we as members do not
understand the role of the Department of Home Affairs. I decided to
do small small Abert on what is the role of the Department of Home
Affairs.
For me, if you listened to the debates, the past debates of
opposition parties – I will be specific – because it is not all of
them especially the DA and the EFF. They have reduced the
Department of Home Affairs into visa regulations. It tells you the
extent of understanding of the department, at this level, we are at
a policy level, where we are supposed to review and look at the
impact.
Mr V E MTILENI: House Chair, I have a point of order. I want to
know if the hon member is ready to take a question?
The CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES: Hon Dlamini,
are you willing to take a question?
Ms L C DLAMINI: Was seen to Acacia Park.
24 MAY 2016
PAGE: 92 of 144
The CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES: She says same
to you, ebhasini [In the bus] she is not going to take the
question. Please, please take your seat sir. She is not willing to
take a question. Please take your seat. I don‘t know, all I know is
that you are taking your seat. Hon Hattingh, you are on your feet?
Mr C HATTINGH: I am indeed hon ... [Inaudible.]
The CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES: Proceed sir.
Mr C HATTINGH: Hon Chair, on a point of order: We have just started
this debate; it is a point of order. This is the second speaker on
this debate. The speaker may not anticipate what other speakers are
going to say. She has already started to anticipate what the other
parties, EFF and DA, will say without even us having had a chance
to speak. The member is not allowed to anticipate what other
members will say.
The CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES: That is true.
The member is not allowed however, I listened very carefully to
what the hon member was saying. She said, arising from listening to
past debates I have decided to take a different turn, therefore,
that is not anticipation on what the members are saying, it is, I
have heard what they have said and therefore I am taking this line.
Please proceed hon Dlamini.
24 MAY 2016
PAGE: 93 of 144
Ms L C DLAMINI: For me, the Department of Home Affairs is the alpha
and omega of government. The reason of saying that, I have just
said that we are at a policy level. We seem to be looking more on
the operations, reducing ourselves, looking at the operations of
the department without reviewing at the policies and the impact
that the department is making. If I can make an example of South
Africa as a country, if the Department of Home Affairs was not
there, South Africa was not going to be there. For a country to
exist you need to have a certain number of people to constitute a
country. Without home affairs, you can‘t have that because those
people must have been registered through birth and there must be a
system of registering them as they pass away.
This department is very much important. We should understand it
along those lines not the visa regulations, whether one office has
operated or not, that is an operational function. We can‘t be
looking at the activities of the department being members of
Parliament. Let me take another department. If I may take, for
example, the Department of Social Development, if the Department of
Home Affairs was not there and if those children were not
registered, how would the department know the ages of these
children and how will they know who qualifies to receive pension?
It can only be done through this department. Let me take another
department, Department of Education. For the Department of
Education to prepare itself for the future provision of our
children, they need to know how many children are being born every
24 MAY 2016
PAGE: 94 of 144
day. They can‘t have that if the Department of Home Affairs is not
there, so you can‘t reduce the department into visa regulations
only. It shows, to me, narrow-mindedness by the two parties that I
have indicated earlier. Having registered South African citizens by
this department, it plays a major role, it does not end there. It
assists all the departments that are doing service delivery to plan
accordingly because at least they know many South Africans we have
and how many South Africans that are not there.
It goes beyond
Mr V E MTILENI: Hon Chairperson, I have a point of order. I just
want to find out if it is parliamentary for a member to refer to
other members as ... she mentioned a certain word now ... or the
other ... she mentioned the two parties that their members are
narrow-minded. So I just want to know if it is parliamentary.
Narrow-minded members from the two parties I have just mentioned
The CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES: Okay,
ngizakuphendula tata [I will answer you mister/sir] Can I respond
to you? The hon member referred to parties, not members of this
House as narrow-minded, therefore it is permissible. Please
continue hon Dlamini.
Ms L C DLAMINI: My plea to these parties because they are
representing people out there, who elected them to be here in the
24 MAY 2016
PAGE: 95 of 144
House is that, open up your minds, don‘t limit your minds to the
ANC and to the department because you are serving those people out
there. If you do that, you are disadvantaging yourself to look at
the impact of what has been done by the department at the same
time, looking whether the department does serve its purpose, to
serve the people, as it was intended, that is my plea. In order for
the Department of Home Affairs to safeguard the identity and status
of each new South African and the accuracy of the National
Population Register, NPR, there is a need to ensure that early
registration of all births within 30 days are done. The hon
Minister has spoken to that effect.
We commend the department for the work done in this regard but we
are saying a 100% will even be more appreciated. We also want to
commend the open-mindedness of the department and the innovations
that you are doing as a department of expanding the traditional
offices of the Department of Home Affairs in the government only
and including private sector. It shows that this department, led of
course by the ANC, does take care of its people. The department‘s
draft migration policy will be presented – I heard the Minister
that it has been presented to Cabinet during 2016.
In its response to this call from the President, the Minister, in
his Budget Vote speech, announced that international students
constitute a key a key segment which is prioritised by governments
globally because of the economic and social benefits they offer to
24 MAY 2016
PAGE: 96 of 144
host countries in terms of adding to the skills base and
contributing positively to society more broadly. In this regard,
the department is going to formally launch, in the coming weeks, a
special exemption to allow graduates, international students in
critical skills areas to qualify for permanent residence permits
upon graduation. This shows that this department does care for the
country especially on the scarce skills that we don‘t have as a
country.
This is in order to ensure that South Africa benefits from the
skills produced by the universities and to make it easier for
international students who want to work or start businesses in
South Africa to ensure economic growth. Let me conclude by saying,
by borrowing from the words of one of the struggle heroes, the son
of the soil, Chris Hani, when he said, I‘m referring to what I was
saying earlier:
Socialism is not about big concepts and heavy theory. Socialism
is about decent shelter for those who are homeless. It is about
water for those who have no safe drinking water. It is about
healthcare, it is about a life of dignity for the old. It is
about overcoming the huge divide between urban and rural areas.
It is about a decent education for all our people. Socialism is
about rolling back the tyranny of the market. As long as the
economy is dominated by an unelected, privileged few, the case
for socialism will exist.
24 MAY 2016
PAGE: 97 of 144
Those are the words that were said by one of our great sons. If our
understanding is that the Department of Home Affairs is the main
contributor to ensure that South African citizens receive the
above-mentioned services. Don‘t look at the department in terms of
Identity Documents, IDs, look at the Department of Home Affairs in
line with the service delivery to our people. It might mean that
there is something wrong with those who oppose the budget. It might
also mean that those of us who question the operations and
activities of the department might have lost the bigger picture of
the policy level where we are as Parliament; we might need to take
two steps back and find the right path because we have reduced
ourselves into operations and looking at the activities of the
department.
The Select Committee on Social Services, as indicated earlier
hereby welcomes and supports the budget allocated to the Department
of Home Affairs for the 2016-2017 financial year. The committee
will continue to oversee the activities of the department to ensure
that funds are spent to deliver important services to benefit all
South Africans. Thank you very much. [Applause.]
Mr C HATTINGH: Thank you hon Chairperson, the hon Minister and the
Deputy Minister,
The Department of Home Affairs‘ vision of a safe, secure South
Africa where all of its people are proud of, and value their
24 MAY 2016
PAGE: 98 of 144
identity and citizenship appears in most of the department‘s
documentation and even on its website. All indications are there
that, in general, the department really strives to live up to its
mission to efficiently determine and safeguard the identity and
status of citizens and immigration.
During the past few years, the Home Affairs has transformed itself
into a structure that is, - and I would like to quote the Minister:
We are re-imagining Home Affairs, as a modern, digital, secure
custodian of national identity, responding to the present and
future needs and circumstances and run by professionals,
operating in a highly secure environment to protect the precious
records of the lives of our people.
By saying that, it is clear that the anticipation of the hon
chairperson of the committee was wrong, as he has many times being
wrong. I think it would be very narrow-minded of a chairperson to
pursue her obsession with the DA at this forum without any factual
basis.
Hon Chairperson, unfortunately the considerable gains made by the
Department of Home Affairs from time to time is tainted by
incidents such as what happened in the recent past, the special
treatment dished out for the Gupta clan at Waterkloof and the
department‘s involvement.
24 MAY 2016
PAGE: 99 of 144
The Al-Bashir escape, the criminal escape from South African soil
also involved the Waterkloof Air force base and officials. In
addition, the recent alleged smuggling of a Burundian woman
Michelle Wege, with a false passport into South Africa on a South
African Air force aircraft via Addis Ababa implicating the Minister
of Defence in this case.
It is further alleged that the Burundian woman was detained at the
Kinshasa International Airport for being in possession of
fraudulent documents issued by Nosithembele Mapisa, the sister of
the Minister who worked at the Burundi Embassy at the time.
Hon Chairperson, these allegations is damaging to the department
and must be investigated. The question that arises is how the
department responds to allegations such as this. What are the
consequences for these allege transgressions. Are these
consequences influenced by political considerations and does it if
any, serve as a deterrent?
Mr G MICHALAKIS: No.
Mr C HATTINGH: I agree. The Department of Home Affairs is also the
custodian of funding and oversight over the following entities: The
Film and Publication Board, the Electoral Commission and the
Government Printing Works.
24 MAY 2016
PAGE: 100 of 144
Now, let‘s look at the Electoral Commission, the Electoral
Commission was established in terms of section 3 of the Electoral
Commission Act, 1996, and enjoys for its purpose the status
provided by Chapter 9 of the Constitution. The functions of the
commission include the following: To manage any election and – very
important, to ensure that an election is free and fair.
Let us have a look at the debacle that the IEC - under the
oversight of this Minister and this department, has maneuvered
itself into; the corner that it has painted itself into. The IEC
with a proud history of independence has tainted its image, and it
will take a lot to change it. We should never forget where the
expose of the IEC‘s failure originated.
Let me remind you hon Chair, in the Tlokwe municipality some ANC
councilors voted against allegations of a corrupt and fraudulent
executive major, and for doing that, they were expelled out of the
ANC and out of council; and that resulted in by-elections. That‘s
where the trouble for the IEC started. The problem started after
the 2013 Tlokwe by-elections.
The failure of the IEC to comply fully with section l3 of the
Electoral Act, allowed unscrupulous people – I won‘t say the ANC,
to exploit this failure and to register hundreds of voters
illegally on the voters‘ roll and they were subsequently bused in
and allowed to vote in the highly contested by-elections.
24 MAY 2016
PAGE: 101 of 144
This could not have happened without the involvement of the IEC
officials and the IEC must be complimented for the swift
disciplinary action taken after the abuse was exposed. Now, this is
where the horror sorry really starts. This lead to a number of
court cases, three in the Electoral Court, and eventually two
appeal cases in the Constitutional Court; and, every time the IEC
was represented by a team of very senior advocates, at a cost of
millions of rand of the taxpayer. They were fighting the
independent candidates who were fighting only for the right to a
free and fair election, which was taken away from them by the ANC
people who bused in, illegally registered people as voters.
On Friday, the IEC filed the affidavit paper in the Constitutional
Court in which the IEC finally conceded that it failed to
understand its role in safeguarding our voter‘s roll. It is a base
document and therefore the quality of the roll. Finally, after
fighting all away, on Friday, four days ago, they said we are
guilty and sorry, after spending millions.
In an affidavit of Mosotho Moepya, the Chief Electoral Officer of
the Electoral Commission submitted to the Constitutional Court on
Friday on public document he conceded and I quote:
The IEC accepts that it may have misunderstood the purpose of
section 16(3) of the Electoral Act and so misconstrued the nature
of the duty it imposed.
24 MAY 2016
PAGE: 102 of 144
This is very soft, they may have. They have done it over a period
of more than twelve and half years. I quote again:
The IEC did not understand section 16(3) to create a positive
duty to obtain and record addresses of all voters for any other
purpose, including third party verification of voter
registrations for local government elections.
Thirdly, I quote again:
The IEC accepts that it may have erred in this regard and that as
a result, it may have failed to comply with the requirements of
section 18(3).
Now, here it is, after all the millions, the IEC sincerely regrets
and apologises for any such failure, and is fully committed to
meeting its legal obligations and to improving its processes to
ensure that it does so.
After all these court cases and millions spent, the IEC come and
say, South Africa we are sorry. We have messed up the credibility
of the IEC. We have messed up the elections. We have had the byelections postpone and we are very sorry. What a disgrace!
The reality is that the IEC was in default since the promulgation
of the Act on 17 December 2003, a period of more than 12 years and
24 MAY 2016
PAGE: 103 of 144
never even attempted to ensure that the voters roll complies with
the legal requirements.
This failure of the IEC did not only for over a period of more than
two and a half years destabilised the Tlokwe Council, eventually
stopped all by-elections in South Africa but also brought the
legitimacy of the voters‘ roll and therefore the IEC and elections
into question.
The IEC stated in court papers that it would need more than four
years to comply with its legal obligations. The IEC now need
support, including financial support... [Interjection.] Oh, that‘s
quick, thank you Chair. [Time expired.] [Applause.]
Ms N P MOKGOSI: Modulasetilo, ke dumedisa maloko le Aforika Borwa
ka bophara mo diporofenseng di le robongwe. [Chairperson, I greet
members and South Africa at large in all the nine provinces.]
The EFF rejects the Budget Vote of the Department of Home Affairs.
With a budget allocation of R7.1 billion for the current financial
year, an 8.5 decrease from what the department was allocated for
last year, it is going to be ever so difficult to realise the
objectives the department is mandated to do. These points to
fundamental problems about the department‘s strategic orientation.
24 MAY 2016
PAGE: 104 of 144
It is difficult to understand that, while the department faces
serious internal lack of capacity, to such an extent that it now
requires the services of banks to help issue identification
documents, they would now see it proper to reduce funding
allocation to services directly needed by our citizens. There is
also no indication of how much would the partial outsourcing of the
issuing of ID documents to banks cost, in relation to how much this
service costs when done by Home Affairs officials.
Every day we hear of stories of bank fraud and banks sending
customers from pillar to post. What system and security is in place
to ensure that such will not happen with such important information
our people have trusted the government with? The department must
build internal capacity to ensure that it does not outsource its
core mandate, and use the resources allocated it, to deliver
service efficiently.
The department also has no plan in place to assist the IEC
deal with its problems relating to voter registration after the
Electoral Court ruled that, the voters roll must have addresses
reflected. This may have serious ramifications for this year‘s
local government elections and future elections. There is no budget
allocation in anticipation of what may happen should the
Constitutional Court confirm the ruling of the electoral court.
24 MAY 2016
PAGE: 105 of 144
The ANC has proved that they are so desperate to retain
municipalities; they are willing to do anything including doing
away with the independence and credibility of the IEC. As the EFF
... [Interjections.]
The CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES: Hon Mokgosi,
I have a member standing, could you please take your seat?
Ms T WANA: I want to ask through you, Chairperson, can the speaker
take a question?
The CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES: Hon Mokgosi,
do you wish to take a question?
Ms N P MOKGOSI: Ke ya kwa Kuruman ka moso mo mosong, o ka nna wa
ntshala morago. Ke a leboga. [I am going to Kuruman tomorrow
morning, you can follow me. Thank you.]
The CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES: She‘s not
prepared, Mam. Please, proceed, Mam!
Ms N P MOKGOSI: We will not allow what happened in the 2014
national elections in Polokwane, Alexander and other areas, where
all of a sudden voting became a difficult task just because the ANC
numbers were not increasing. We have prepared and trained our
ground forces, the EFF will deploy party agents in every voting
24 MAY 2016
PAGE: 106 of 144
station across the country to stay vigilant and monitor any
irregularities.
The EFF will not allow for our much cherished democracy to be
threatened by ANC‘s greed and thirst for power to give their family
and friends tenders while our people do not have water,
electricity, sanitation and basic services. We call on the IEC to
deliver credible, fair and peaceful 2016 local government
elections.
We would like to remind the Minister that, any additional income
that would not be declared or discoled, will be considered as an
income earned from corrupt and irregular activities. Irregular and
wasteful expenditure continues to be a problem, persisting without
solution insight. We are of the view that we can dramatically
reduce costs apportioned to immigration services, if the country
can take an ideological position that citizens from the SADC
region, and progressively, from the entire continent, do not have
to have VISAS to enter the country.
This will stimulate regional and continental integration, with vast
benefits for our economy and the desired cultural integration of
the African continent. Such is not a suprise to us because, the
Minister who declared no business interest or additional income,
displayed lavish lifestyle and went around giving girlfriends half
24 MAY 2016
PAGE: 107 of 144
a million to cover up extra marital affairs. For these reasons, as
the EFF, we do not support this Budget Vote.
The CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES: Hon Mokgosi,
please take your seat!
Mr S J MOHAI: Chairperson, is it parliamentary for the hon member
to make unfounded allegations about the Minister?
The CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES: I‘m going to
allow that as a point of debate. The matter the member is referring
to was in the newspapers. I think that it would be a debate; the
Minister has an opportunity to respond. But, hon Mokgosi, you are
stating as a matter of fact that the Minister gave money to his
girlfriend. You could rephrase that as an allegation as you‘ve read
about it on the newspaper. Please continue!
Ms N P MOKGOSI: I want to tell the South Africans not to forget the
people that were slain in Marikana and that the ANC government
killed workers that were fathers, husbands, brothers and
breadwinners. The people must not forget that they were killed by
the ANC government in Marikana. May their peaceful souls rest in
peace! Amandla!
Mr A J NYAMBI: Sihlalo weNdlu: Kube bengisekhaya eNkomazi
bengitawusho kutsi ―batsi ayihlabi ngakumisa‖ loko kusho kutsi...
24 MAY 2016
PAGE: 108 of 144
[House Chairperson: If I were at home in Nkomazi I would say, ―it
is said don‘t judge a book by its cover‖ and that means…]
... Hon Minister and Deputy Minister, don‘t be worried, we have
been trying for the past weeks to explain that it will be very
strange for dogs to bark at a car that is not moving.
Tiyayichamela imoto lemile... [They urinate over a stationary car
...]
... they only bark at a car that is moving.
Hon Chairperson, the ANC supports the Department of Home Affairs
Budget Vote, because it narrates the journey of effectiveness of
our decisive national efforts to transform South Africa and change
the lives of our people.
At the 53rd National Conference of the ANC, which was held in
Mangaung in the Free State in December 2012, we committed ourselves
to positioning of the Department of Home Affairs to be the backbone
of security, service delivery and the developmental state. We said
this because we are aware that under the apartheid regime, the main
objective of the Department of Home Affairs was to control our
people and deny them their citizenship, identity, dignity and
freedom of movement among other injustices were meted against them.
24 MAY 2016
PAGE: 109 of 144
Our commitment to transform the Department of Home Affairs was also
informed by our national duty to lead our society and to deliver
quality services in a more innovative and people centred manner
that is not only convenient but also dignified.
Today, we can say with utmost pride and humility that we have
transformed this department. Today, our people have a Department of
Home Affairs that plays a critical role in providing them with
pertinent documents to access their basic rights and social
services.
We have moved with utmost speed to ensure that this department
becomes the backbone of the developmental state that we seek to
build. We have ensured that this department remains central to our
national efforts to strengthen national security and provide our
people with the services that the Constitution entitles them.
We want to take this opportunity to congratulate you the Minister,
the Deputy Minister, the staff and predecessors for all your
strides and tireless efforts to make this department the flagship of
our national efforts to transform South Africa and that it
continues to innovatively execute its important mandate.
It is through your decisive and vigilant leadership that today we
have a department that continues to play a crucial role in enabling
all South Africans to proudly claim their citizenship with utmost
24 MAY 2016
PAGE: 110 of 144
dignity and a great sense of pride including those that are even
insulting you.
Hon Chairperson, in many of the stories narrated by the people that
we meet through our Taking Parliament to the People Programme of, I
am reminded of Mrs Abrahams from Oudtshoorn in the Western Cape,
who joined the queue of people to convey her profound appreciation
of the work of this department.
The story of Mrs Abrahams is not isolated and indeed remains one of
the many good stories that our people tell about the work that our
government has done to transform this department. We are indeed
proud of your tireless efforts to re-imagining the Department of
Home Affairs, as a modern, digital, secure custodian of national
identity, responding to the present and future needs and
circumstances and run by professionals, operating in a
highly secure environment to protect the precious records of the
lives of our people.
After the demise of the apartheid regime, we committed ourselves to
creating a national identity database that enables our government
to assist us achieve the goals of the society we envisaged as we
took the fight against apartheid. In our document Ready to Govern,
we said we need to build a comprehensive, accurate and secure
population register that will enable our government to have an
24 MAY 2016
PAGE: 111 of 144
accurate picture of our national profile.
Indeed, our government has moved with decisiveness to put all
systems to ensure that births and deaths and any other changes are
recorded. We have moved with utmost speed and greater urgency to
ensure that we register babies immediately after their birth. Our
registration of birth has ensured that birth registration becomes
part of the national consciousness and civic responsibility of all
South Africans.
Hon Chairperson, the Department of Home Affairs is responsible for
determining and recording the identity and status of all people
living in South Africa and issuing of documents to affirm. This is
done under two broad categories i.e. civic services and immigration
services.
I want to indicate that what will assist members of this parliament
once they have an opportunity of this podium is to understand that
a lot of work is done at committee work and we will always
emphasize that. The last time I was on this podium, I reminded
members that it was once said that and I quote:
Better to remain silent and be thought a fool than to speak and
to remove all doubt.
24 MAY 2016
PAGE: 112 of 144
We want to take this opportunity to congratulate you Minister, for
ensuring that the department continues with the modernisation
programme, which is aimed at replacing outdated systems. We are
proud of the progress that the department is making to modernise
and digitise home affairs in order to transfer the inconvenience of
service delivery away from the client towards ourselves. We want to
congratulate you Minister for exceeding the target of producing 2.2
million smart ID cards issued last year by issuing over 4.1 million
smart ID cards to date. We know that your department is up to the
task to work tirelessly to replace the 38 million ID books with
smart ID cards. As the ANC, we are aware that this programme will
deal a serious blow to corruption and fraud by reducing human
intervention in the processes and systems.
Sihlalo lohloniphekile, ngivumele ngiyitjele Indvuna yeLitiko kutsi
ekhaya lapho ngibuya khona eNkomazi, uma senta lomsebenti
wekuvakashela litiko lakhe, bantfu batsi bayayijabulela indlela
Litiko Letindzaba Tasekhaya lelisebenta ngayo.
Inkinga nje lekhona kutsi tsine lesihlala ngaseminyeleni
lengaseMaputo naseSwatini, tinsayeya tetfu atifani netebantfu
labahlala ngekhatsi eNingizimu Afrika. Tinsayeya tetfu tinkhulu,
ngako-ke kubalulekile kutsi uma kutfunyelwa tisebenti telitiko
tingasifanisi netakhamuti letingekhatsi eNingizimu Afrika.
(Translation of Siswati paragraphs follows.)
24 MAY 2016
PAGE: 113 of 144
[Hon Chairperson, allow me to tell the Minister that at home in
Nkomazi where come from, when we do our oversight work to visit his
department, people say they are impressed by the way in which the
Department of Home Affairs does its work.
The problem faced by us who stay along the Maputo-Swaziland boarder
is that, our challenges differ with those staying inland of South
Africa. We have big challenges, therefore it is important that when
the department‘s officials are sent out to us, do not compare us
with citizens residing inland of South Africa.]
We want to appreciate the arrangement that we have seen of late,
when we visited the Department of Affairs. We have seen people that
assist when you want to get into their offices. They just direct
you to the relevant que instead of wasting time. That is an
indication that the department is moving forward [kuyachutjwa
kulelitiko] [Lihlombe.] [we are working in this department]
[Applause.]
Before I conclude, I want to assure you and the committed staff in
your department, hon Minster, if you see the Department of Social
Services standing here and indicating the number of people that are
getting their services is because the department has been able to
produce the correct document.
24 MAY 2016
PAGE: 114 of 144
If you see a funeral every weekend, it is because of the tireless
effort of the staff of this department. If you see somebody getting
into South Africa legally, it is because of the commitment of the
staff of this department. I‘m looking forward to the day when you
will come here and give credit where it is due.
Today‘s debate was not about you, but it is about your department‘s
budget so stay focused and stick to your presentation. Don‘t be
sidetracked by people that are raising irrelevant issues because
they can‘t raise anything about the budget. We support the budget
as the ANC. I thank you. [Applause.]
Mr M KHAWULA: Hon Chairperson, hon Minister, Deputy Minister and
colleagues. In the 2016 state of the nation address the President
talked about streamlining and sharpening state-owned enterprises
and also expressed the need to rationalise the state-owned
enterprises in order to be in line with the government‘s cost
cutting measures initiatives.
The Department of Home Affairs is in the process of establishing a
border management agency, which is another state-owned enterprise,
in order to ensure that South Africa‘s boarders are effectively
defended, protected, secured and well managed. When asked, the
department responded that staff currently employed by the
department in the entry points will be handed over to the new
boarder management agency. The question is, if management of our
24 MAY 2016
PAGE: 115 of 144
boarders under the direct management of the department is perceived
as not being properly effective, what will make them more effective
when the same staff is handed over to the new boarder management
agency?
This seems like an admission of failure by the department to say,
the same staff, when managed by somebody else, will do a better job
than they were doing under the department itself. The department
has previously admitted that South Africa has more than 200
unofficial entry points. That is where the biggest challenge in
respect of managing the inflow and outflow of foreign nationals is.
For as long as this challenge remains unattended to, the effective
control of who is in South Africa legally or illegally remains a
concern.
Amongst the priorities of the department is the modernisation and
automation programme of the documents. Whilst welcoming this move,
and I want to agree with my brother, hon Nyambi, one wishes to
express a disappointment in the case where this is unnecessary
disadvantaging the people of the rural areas. Sometimes offices go
offline and people are told to come back some other time. This to
the disregard for travel expenses for communities who come from
far, usually the rural communities, as offices of the department
are located in towns and cities.
24 MAY 2016
PAGE: 116 of 144
Amongst its entities, the department is also responsible for the
Independent Electoral Commission, IEC. The IFP, hon Minister, has
repeatedly voiced a concern in the past about the utilisation of
South African Democratic Teachers Union, SADTU, members as IEC
officials. SADTU is an affiliate of Congress of South African Trade
Unions, Cosatu, and Cosatu is in alliance with the ANC. This then
leaves the fairness and free aspect of our elections very
questionable. It is as good as saying, the ANC alliance is running
the elections of our country.
The IFP has also repeatedly appealed to the IEC to also monitor the
integrity of the fairness of our campaigns in the country. The
incumbents in government offices should not be allowed to utilise
government‘s resources to campaign for their respective political
parties. I am glad that there is already a ruling by the Public
Protector in this regard. If the IEC does not monitor the unfair
spending of state money in campaign programmes by certain parties,
our elections do not remain as free and as fair as they are said to
be.
The IFP wishes to point out that South Africans should not be
denied the right to vote on the voting day because of a shortcoming
by the IEC in respect of their addresses. Indeed, care should be
taken that all voters registered in a ward or voting station are
people who reside in that ward, but it would have been impossible
to get physical addresses for all those millions of rural people
24 MAY 2016
PAGE: 117 of 144
within that short time frame that was allocated. The means of
verifying the authenticity of the information should be designed
instead of denying the people the right to vote. I thank you
Chairperson.
The DEPUTY MINISTER OF HOME AFFAIRS: Afternoon Chairperson and hon
members. Let me begin by responding to the hon Khawula, the simple
answer to your question hon member related to the Border Management
Agency is simply this: at the moment what we have is several
department who are deployed at our boarder line and at our ports of
entry. The BMA takes away the silo mentality; you have one line of
command and this is what is currently lacking at our ports of entry
and at our boarder lines.
Chairperson, the hon Khawula said that dogs don‘t bark at cars that
do not move. I can assure you that we will be moving ever faster.
The CHAIRPERSON OF THE NCOP: Deputy Minister that was hon Nyambi.
The DEPUTY MINISTER OF HOME AFFAIRS: Oh! Was it hon Nyambi? Sorry.
Hon Nyambi said so. [Interjections.]
The CHAIRPERSON OF THE NCOP: You are protected.
The DEPUTY MINISTER OF HOME AFFAIRS: I ... forgive me. Hon Nyambi
said this and I want to say that we will be moving so fast that the
24 MAY 2016
PAGE: 118 of 144
dogs will not just bark, they will howl. In two years this
department will be unrecognisable. Our Minister has ... you know he
is not just a pretty face and by the way he dresses well because he
has oodles of self-respect. He comes to this Parliament dressed
like a Minister because he has been schooled and taught selfrespect. We are a government of 20 years, we have gained a lot of
experience and that experience is being brought to bear in this
department.
This director-general is one of the most experienced public
servants in the country and it shows because a leads a team of
consummate professionals whose ethic is public service of the
highest degree. I would like to take this moment to commend each
and every one of our officials who are here today and those who are
at their desks. I really think that when members look at the
department with unbiased eyes, they will be hard-pressed not to
recognise the dedication with which our officials have led this
transformation process. In my capacity as the Deputy Minister I
have been given the Moetapele initiative and Minister did mention
that I will speak to it.
We have a team called the Moetapele Team whose task is to transform
our front offices to improve the front office experience. We are
not just satisfied with being better than we were previously; we
are looking to the future evermore and we will not just be better
24 MAY 2016
PAGE: 119 of 144
but will become the best department in government and this is where
we have set our sights.
The Moetapele initiative rests on seven key interventions. Firstly
our team goes out to the offices, looks at location layout,
maintenance and cleanliness. Again we come down to self-respect we
want to instil this value to every single official. A clean area
speaks to this idea of self respect that we want to convey and in
this regard we want to suggest that when our Memebrs of Parliament
go out to our offices that they give us some feedback on the look
and feel of our offices particularly this issue of cleanliness
because we believe that Moetapele is not just about the officials
who transact with our clients but from the cleaners to the manager
in our office is part of our process.
Secondly, client information and signage; one of the things of is
to get rid of old signs and to install new ones but what we are
doing with this Moetapele project is that we are teaching our
managers particularly to walk the queues to inform our clients
about the service levels on that on day, what they can expect and
also ensure that they are told that, if you have any issues here I
am and I am the manager.
Client flow is a very big issue at the moment with the 50 million
South Africans who need their smart identity cards; we have been
inundated with South Africans standing in our queues etc. so, we
24 MAY 2016
PAGE: 120 of 144
want to make that experience as pleasant as possible so that they
can see that at least even if they are in queues, this queues are
moving forward. Our business processes, our management process, our
administration processes have all been digitised so that managers
can effectively use digital tools to assess at any point the
readiness of all of their assets, computers etc.
We encourage our officials to think beyond the counters. Very often
our officials come to work through the back door; they have never
entered their offices through the front doors where most of the
clients come and they do not have this perspective. We ask them to
think beyond counters, to leverage on the community of experts
within the offices. We teach them to share helpful resources and
information etc.
These seven pillars are now going to be taken and we now have
tackled our most significant challenge to date. We now have 36
offices that are Moetapele compliant and we are now going to
Marabastad the refugee reception centre applying a standard for
refugee reception centres. Already I can tell you that I have
visited the office less than a week ago, the crowds that people use
to see outside are no longer there and I do hope that when we come
back to Parliament after this recess that members of the NCOP will
pay us a visit at Marabastad and hopefully you would be very
pleased by what you see.
24 MAY 2016
PAGE: 121 of 144
Finally let me say that we also have the coalface deployment of our
senior managers who have to go to the front offices at least five
days a week, serve clients, manage queues and face all of the
difficulties that our front office managers do so that they have
first hand experience when they make policy decisions at
headquarters; they know exactly what is being experienced at our
front offices. I take it my time has expired Chairperson, so thank
you very much for your attention.
Ms L L ZWANE: Hon Chairperson of the Council, hon Minister and the
Deputy Minister, hon Members and guests, ...
... mhlawumbe ngaphambi kokuthi umuntu aqale akhulume ngale ngxoxo
esihlangene ngayo, ake aqale ngokuchazela abantu laphaya emakhaya
ukuthi uma ngabe kukhona iqembu eliphikisayo njenge-EFF, elithi
lona liphikisana nalolu hlahlo-mali lisho ukuthini. Uma uthi
uphikisana nalolu hlahlo-mali usho ukuthi: Abantu bangawatholi
amapasi ngoba phela uMnyango Wezasekhaya kumele usebenzise
isabiwomali ukuze ukhiphe amapasi; abantu bangakwazi ukuqashwa
ngoba abanawo amapasi; izingane zingakwazi ukuthola izitifiketi
zokuzalwa ngoba abazali benganawo amapasi; abantu bangakwazi
ukuvula ama-akhawunti asebhange ngoba bengenawo amapasi; abantu
bahluleke ukuthola izitifiketi zomshado ngoba phela benganawo
amapasi; abantu bahluleke ukuyovota ngoba phela benganawo amapasi;
uhulumeni angakhiwa ngoba abantu abanawo amapasi.(Translation of
isiZulu paragraph follows.)
24 MAY 2016
PAGE: 122 of 144
[... maybe before I speaks on this debate we are here for today,
let me start by explaining to people at home what is meant by the
party like the EFF that is dissenting to this Budget Vote. If you
say you are dissenting to this Budget Vote you mean that: The
people must not get their Identity Documents because the Department
of Home Affairs needs a budget to process IDs; people must not get
employment because they do not have IDs; children must not get
birth certficates because their parents do not have IDs; people
must not be able to open bank accounts because they do not have
IDs; people must not be able to get their marriage certificates
because they do not have IDs; people must not be able to vote
because they do not have IDs; and government must not be
established because people do not have IDs.]
That is what the EFF is actually saying when they say they do not
support the budget.
The CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES: Hon Zwane,
please take your seat. Hon Mokgosi, is that a point of order?
Ms N P MOKGOSI: Yes.
The CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES: What is your
point of order?
24 MAY 2016
PAGE: 123 of 144
Moh N P MOKGOSI: Modulasetilo, ke kopa gore
mme yo a tlogele go
ntshupa ka monwana fa a bua. O letlelesegile go bua ka EFF fa a go
kopile. Ntlha ya bobedi, ke kopa gore a botse maloko a EFF gore ke
eng a sa tshegetse Tlhopho ya Tekanyetsokabo ena, a tlogele go re
naganela gore lebaka la rona ke eng. A re botse re kgone go mo
araba. Re tla mo tlhalosetsa gone jaanong. Ke a leboga.
(Translation of Setswana paragraph follows.)
[Ms N P MOKGOSI: Chairperson, can this woman stop pointing fingers
at me while she is speaking. Furthermore, can she please find out
from members of the EFF as to why are they not supporting this
budget vote, rather than pretending like she understand. Thank
you.]
The CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES: Hon Mokgosi,
you take liberty in this House to speak your thoughts and ideas and
interpret what other parties say, they accept it. The same liberty
that you take about all other parties is the liberty they take
about the EFF. So, you are out of order.
Ms L L ZWANE: Thank you Chairperson, hon Minister I do want to
encourage you and your department to go on doing the good work that
you are doing. This is one department where we have many good
stories to tell. During the Sona address by the President, he
raised an issue where he said that private business has concerns
about the fact that it is becoming difficult to import scarce
24 MAY 2016
PAGE: 124 of 144
skills from other countries because of the delay in issuing visas.
And your department has acted on that. You were here on the podium
and you told the House that you have increased the number of visas
that you were able to produce because you have formed partnerships
with visa facilitation services globally and you have actually
japed up systems whereby you are able to increase issuing visas,
particularly of those people who are bring rare skills into the
country.
The second issue that I wanted to talk about is the issue of local
government election. In line with our Constitution, South Africa
will this year hold its fourth democratic local government
elections in which the electorate will choose their local leaders.
These elections are important as local government is a critical
sphere of government responsible for delivering services which have
got to do with the basic human rights.
The IEC has played in pivotal role in ensuring that people get
registered to be able to actively participate in local government
elections. During the voter registration weekends of March and
April, we want to congratulate the IEC for having done a sterling
job. Eighty percent of people that were registered as first-time
voters are youth under the age of 30. it means that there is a
future in South Africa and that is a very good story to tell.
24 MAY 2016
PAGE: 125 of 144
The other issue that I wanted to touch on is that we understand
that the budget that has been given to the department is not enough
given the fiscal constraints that are not only local but are also
global. However, we are strengthened by the fact that you are
undertaking that regardless of the shortage of the budget or
insufficient fiscus, you are still going to render quality service
for our citizens.
Civic registration is a core mandate of the Department of Home
Affairs. This was not the case under the apartheid regime. Under
that regime, the identity systems were fragmented between 11
different racial and ethnic departments and only the births of
persons classified as whites, coloureds and Indians were
systematically recorded. Whites received a level of service
comparable with more advanced economies while black South Africans
who are the majority were effectively denied citizenship and were
subjected to colonial legislation and administration.
Our democratically elected government in 1994 had to confront the
challenge of re-aligning the machinery of the state with
fundamentally different policy imperatives. It is only that ANC
that after 1994 brought hope to the people and they recognised that
people are people irrespective of their racial grouping. As a
result, as blacks we got an opportunity also to be recognised as
citizens of this country.
24 MAY 2016
PAGE: 126 of 144
What is important also in this regard is that given the fact that
people had been denied the opportunity to get registered properly
during the apartheid regime, the ANC-led government saw it
necessary that an opportunity be given to the people to do the late
registration of birth even if it is in the late ages of their
lives. I want to refer to practical cases that have actually
benefitted from this system of late registration of birth so that
people are able to get their IDs.
Umama uNgcwangula laphaya e-Hibiscus Coast, ePort Shepstone, ohlala
kwa-Ward 16 eNtwentweni, uthole umazisi esefike esikhathini
sokuthola impesheni. Kade esebenzela abelungu yonke le minyaka
ephangwa ngoba enganawo umazisi, kwaze kwazoba yimanje. Kuthe nxa
uKhongolose evula ithuba lokuthi abantu babhalise nanoma isikhathi
sidlulile ukuze bakwazi ukuthola omazisi, wahamba umama uNgcwangula
wayobhalisa ngenxa kaKhongolose. Manje uthole umazisi futhi
usethola nempesheni ... (Translation of isiZulu paragraph follows.)
[Mrs Ngcwangula at Hibiscus Coast, in Port Shepstone, who resides
in ward 16 in Ntwentweni, got her ID close to her retirement time.
All these years she was working for the whites, who were exploiting
her because she did not have an ID, until now. When the ANC
government opened an opportunity for people to apply even though
the application period was closed so that they can get their ID,
Mrs Ngcwangula went to register because of the ANC. Now she has her
ID and she receives her pension...]
24 MAY 2016
PAGE: 127 of 144
English:
... after being exploited for so many years. [Applause.]
The same goes to ubaba uNgwazi again in the same ward, ward 16 in
Hibiscus Coast ...
... naye wayengenawo umazisi ngoba engazange abhaliswe njengomhlali
wakuleli. UKhongolose ngoba ukhathalela abantu, wahamba
wayombhalisa eMnyangweni wezaseKhaya, wathola umazisi. Namhlanje
ubaba uNgwazi laphaya e-Ward 16, uma ngabe uyangizwa nje
ngiyacabanga ukuthi uyasina manje ngoba useyakwazi ukuthola
impesheni yakhe ngenxa yosizo alutholile. (Translation of isiZulu
paragraph follows.)
[... he also did not have an ID because he was never registered as
a citizen of this country. Because the ANC cares for the people, he
was registered at the Department of Home Affairs, and got his ID.
Today, Mr Ngwazi in Ward 16, if he is listening I think he is
dancing with joy because he now receives his pension because of the
help he received.]
It is worth noting that, on 07 April 2016, the Department of Home
Affairs recently launched the eHome Affairs portal. This was to
allow for South Africans to start applying for Smart ID Cards and
passports online. This new online system provides for citizen to
apply for documents from the comfort of their own homes or offices.
24 MAY 2016
PAGE: 128 of 144
In this regard, people apply and pay online and then go to their
selected bank to have their fingerprints verified and photo taken.
We trust that this Home Affairs initiative will assist greatly to
reduce queues in front of offices while accelerating the
replacement of green-bar-coded IDs with smart cards.
Another milestone that is laudable in this regard has been the
memorandum of understanding that has been signed by the Department
of Home Affairs with banks such as: ABSA, First National Bank,
Nedbank, and Standard Bank. To date, this partnership has rolled
out the online system to 11 bank branches. Since the inception of
eHome Affairs, on 07 April, 4 088 citizens have registered through
the portal, of which 140 online applications have been successfully
concluded across the four banks.
The Select Committee on Social Services will continue to give
guidance and support all the initiatives of this department where
there are priorities as spelt out in their APPs are going to be
followed up in terms of whether targets are achieved. We want to
say that we as the select committee we support this budget and we
are going to stay focused on ensuring that we support the
department and we conduct our oversight responsibilities in terms
of the Constitution. Thank you Chairperson. [Applause.]
Ms T G MPAMBO-SIBHUKWANA: Hon Chairperson, A person‘s identity is
crucial and thus the registration thereof is of equal importance.
24 MAY 2016
PAGE: 129 of 144
Similarly, every South African has the right to freedom of movement
and thus the issue of passports and visas then play a big role in
South African‘s lives.
Due to this significance, the Department of Home Affairs should be
one of the most efficient departments as it deals directly with the
identity of the South African citizens.
The DA welcomes the Department‘s launching of the E-channel pilot
project, set to provide an alternative platform for persons wishing
to apply for ID smartcards and passports online; as well as the
partnership with major banks. We will be monitoring the
implementation thereof.
However, we are concerned with whether department officials are
issuing fraudulent birth certificates. Earlier this year, a Home
Affairs official was arrested for allegedly issuing 400 fraudulent
birth certificates. This is unacceptable. Firstly, South Africans
have a basic right to an identity document or smartcard so that
they are able to utilise various government services. Hon Minister,
how many fraudulent birth certificates, passports and visas have
been issued since June 2015 to date?
Further, identity theft is a big issue for many South Africans and
it is reported that it is costing the South African economy
24 MAY 2016
PAGE: 130 of 144
R2 billion annually. What plans does the Minister have to curb
identity theft?
In March, it was reported that there were 123 cases of fraud and
corruption against Department of Home Affairs officials which have
been finalised for disciplinary hearings since July last year.
Further it was reported that 37 officials and foreign nationals
have been arrested. The Minister must explain this to this House
and Minister has not said anything in this regard.
With the visa regulations saga, South Africa must follow examples
set by countries with E-visa systems where they have proven to
increase border security while decreasing visa turnaround time.
This is what is required to unlock the full potential of the
tourist market, as this creates employment opportunities for South
Africans; instead of losing millions of rands in the tourism
industry and putting millions more jobs at risk.
Furthermore hon Minister, could you please furnish this house with
details as to how much the department has lost due to corruption
from June 2015 to date?
It is so concerning, hon Chairperson, that in this day and time
with all the unemployment that rises, from time to time, the
Minister says nothing about how the visa regulations are affecting
the tourism industry which in turn would benefit and give
24 MAY 2016
PAGE: 131 of 144
opportunities for those who are unemployed in South Africa and
lessen the crime rate that escalates day by day because people are
unemployed. I thank you.
Mr D STOCK: Hon Chairperson; hon Minister; hon Deputy Minister; hon
members of the NCOP; ladies and gentlemen
First and foremost, let me take this opportunity to indicate that,
as the ANC, we support this Budget Vote 5 of the Department of Home
Affairs.
Secondly, I think it is important to indicate that as the select
committee, as part of our oversight responsibility, we had an
oversight to Lindela Repatriation Centre in Gauteng. One of the
issues we picked up there, hon Minister, is that our brothers and
sisters who are kept in the centre. We had an opportunity to
address more than 2000 of them when we were there; and we also had
an opportunity to go around the centre and see the conditions they
live in. But one of the issues that came out very strong in the
centre was the issue of the small clinic on site, which I think the
hon Minister must take that issue into consideration.
The ANC, as the biggest liberation movement in Africa, which has
had so many conferences over the past 104 years, remains the beacon
of hope for our people, the poorest of the poor and it‘s the only
24 MAY 2016
PAGE: 132 of 144
political party which can change the lives of our people on the
ground. [Applause.]
There‘s no other political party which can change the lives of
ordinary people. I hear hon members come here with their different
party colour codes and present their story, but there‘s only one
party in terms of my own view which has a track record, which has
so many years, which has been there to liberate our people.
We‘re 22 years into democracy. Our democracy is still very new.
We‘re only 22 years. The Apartheid regime had more than 300 years
which our people were exposed to serious brutality of the Apartheid
regime and all sorts of torture and all that. Hon members must be
mindful of that reality when they come to the podium; that this ANC
is the only party which stands for what it represents to the
people.
Hon Minister, I‘m also sharing your vision to digitise the
Department of Home Affairs. We‘re also experiencing that there are
no longer long queues at home affairs offices, the attitude of
staff – even if it‘s not all staff – has changed, there‘s a lot of
improvement and the delay in issuing of smartcard IDs has been
taken into consideration.
In terms of the Border Management Agency, BMA, - which was approved
by Cabinet and which the hon Minister reflected to – I‘m also happy
24 MAY 2016
PAGE: 133 of 144
about it because this Border Management Agency will deal with all
sorts of corruption and all sorts of funny things that are taking
place at the level of our border lines throughout the country.
Whether you‘re at Beitbridge or Lesotho, it will also deal with
such elements. And it will also create uniformity for the different
staff members who work at different border posts.
Hon members, let me also take this opportunity to clarify few sound
bites which were made by hon members which I think they are
misleading and they cannot be allowed to fly without being
corrected.
Hon Hattingh, I think what you did here today, you played into the
gallery. I was almost under the impression that we were in some
form of a DA meeting where you were presenting to us about the
elections. This is not an opportunity for you to come and play
party politicking or electioneering. We‘re busy with serious of
Budget Vote 5 of ... [Interjections.]
The horror story that hon Hattingh refers to – you came here and
told us about a horror story, I can‘t even imagine of a horror
story about this department because there so many good things that
they‘re doing as the department – might be an imagination in your
own fitment of imagination. It might be the only thing.
24 MAY 2016
PAGE: 134 of 144
Secondly, you played in to the gallery, you come here and you
criticise this and that. You speak a lot about the DA and you also
speak about the matter which is sub judice; the matter of the
Electoral Court, the ConCourt, around the issue of the Tlokwe bielections. That matter, when you brought it here, I thought –
because you spoke many things about elections - you were going to
give some solutions from the DA about what you‘re going to do when
you‘re in government.
One issue that you failed to tell us, when you were in the podium,
is that our people here in the Western Cape – this is where our
people are being called refugees – are being labelled refugees when
they come here for better opportunities. Here in the Western Cape
is where service delivery is being delivered on the basis of your
skin colour; those things are not being told here and we need to
clarify some of those things.
Hon Mokgosi – the other day I had an engagement with one of my
close friends and he spoke to me about the two dimensions between
education and ignorance; when the hon member came here that story
struck my mind again – I almost thought that you were only under
the impression that education is more expensive than knowledge or
common sense or ignorance. You came to the podium – and every time
we keep on making the point to you that the work of Parliament does
not start here, that‘s the first thing; secondly, we keep on making
the point that the issue of respect is too prompt, you must respect
24 MAY 2016
PAGE: 135 of 144
us as your elders and we must also respect you; but when you
continue to insult us you‘re not going to learn anything out of
that; and the fact that you‘re ignorant ... [Interjections.]
Mr V E MTILENI: Hon Chairperson, I see a situation where you allow
hon Stock to communicate directly to the hon member there, I just
want to check if it is parliamentary ... [Interjections.]
The CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES: Is that a
point of order?
Mr V E MTILENI: Direct talk between the two.
The CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES: Okay, I will
rule on that matter.
Hon Mtileni, you‘re right. Hon Stock, speak through me. However, I
have also allowed a number of members on that podium to do exactly
what has been happening. Hon Stock, the right thing is to talk
through the Chair, but members also have been doing it. Continue
hon Stock.
Mr D STOCK: Through you Chair. Hon Mokgosi, we cannot be held
responsible for your ignorance. You must also, at some point, tell
the truth where it‘s due. You cannot come to the podium and tell us
about things that, in your mind, you just want to reject or turn a
24 MAY 2016
PAGE: 136 of 144
blind eye on. It‘s not our responsibility. You must also make it
your responsibility to tell the truth where it‘s due and our
responsibility as hon members of this House is also to expose the
lies when they‘re told to ... [Interjection.]
Ms N P MOKGOSI: In fact hon Stock is making very serious
accusations ...
... gore ke nyaditse batho. Ke kopa gore motl Stock a mpolelele
gore ke mo nyaditse fa kae. [...that I have looked down at people.
I would like hon Stock to explain to me as to when did I looked
down at him.]
The CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES: Hon member,
we‘re not going to be responding to question and answer sessions.
Hon Stock, please continue with your speech.
Mr D STOCK: The last thing to you hon Mokgosi, is that your
rejectionist approach is not assisting because every time you come
here you reject everything. And you keep on telling us one day when
you‘re in government, this is what you‘ll be doing. That dream of
yours will never happen in our lifetime [Applause.] ...
[Interjections.]
Mr W F FABER: Hon Chair, I would just like to know if hon Stock
would take a question from a member of the Northern Cape?
24 MAY 2016
PAGE: 137 of 144
Mr D STOCK: Can I take that question hon Chair, thank you. Let me
take the question.
Mr W F FABER: Chair, we heard hon Stock say people are coming to
the Western Cape Province because there are opportunities. I want
to ask, does he say that the ANC provinces don‘t have
opportunities?
Mr D STOCK: The point that I was making earlier on, hon Faber, is
that I wanted to make a distinction that when members of the DA
come to the podium they speak too much about the Western Cape. And
that creates an impression as if Western Cape is South Africa, it‘s
not South Africa. Everywhere where we were find our people, whether
it‘s in North West or Northern Cape, if they happen to come to the
Western cape for employment or something else, they‘re being
labelled as refugees. And those opportunities are not given to them
because the DA only allocates those opportunities on the basis of
race, that‘s what I was saying. I hope that covers your question.
The CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES: Hon Faber,
you posed a question and you were responded to. I‘m not going to
have a dialogue. Hon Stock, please continue.
Mr D STOCK: Hon Mpambo-Sibhukwana, if you feel that the Minister
did not respond to some of the issues which you were anticipating,
I think as a Member of Parliament you‘ve got the responsibility to
24 MAY 2016
PAGE: 138 of 144
pose the question to the Minister maybe for oral reply. So, don‘t
come here and politick about such petty issues.
Hon Chair, in conclusion, as the ANC we support this Budget Vote 5
of the department. I thank you.
The MINISTER OF HOME AFFAIRS: Chairperson and hon members. I must
thank some hon members for a worthwhile Policy Debate. Take note of
the fact that some of the hon members missed the opportunity to
participate in the Policy Debate and raise issues which had
absolutely nothing to do with debate and the Budget we were
presenting here today.
Hon Hattingh, as somebody who is a Member of Parliament, you do
know that the Department of Home Affairs does not exercise
oversight over the Independent Electoral Commission, IEC. Our duty
is to transfer the funds; it is Parliament that exercises oversight
over the IEC. But it is unprecedented for hon member to attack a
Chapter 9 institution, to stand on this platform and viciously
attack a Chapter 9 institution, particularly given that we have
elections coming. It could also be that the hon member is making a
pre-emptive strike against the IEC in anticipation of poor
performance on the 3rd of August. But the issues that hon Hattingh
raised here, are being dealt with in the Constitutional Court and I
think it was inappropriate of him to raise them here.
24 MAY 2016
PAGE: 139 of 144
It is my view that hon Mokgosi‘s comments about our partnership
with the bank have been very well responded to. It is about
expanding our footprint, optimising the capacity available in the
country to be able to provide convenient service to South Africans
and it has nothing to do with any of the things that she made
allegations towards. It is true therefore what hon Stock says that
we must not be held responsible for hon member‘s ignorance.
The issue raised by hon Khawula about network consistency in rural
areas, is an issue of great concern to us to. We are discussing
that with both Sita and Telkom because rural areas lack the
broadband capacity to be able to have a consistent network supply.
We hope that through the mobile units utilising the facilities of
the banks which do have consistent network supply, we would be able
to provide better services until the broadband capacity has been
enlarged through the Presidential Infrastructure Development
Programme. But it is an issue that we also are concerned about.
I think the question about the Boarder Management Agency has also
been clarified. It is not because we lack the capacity as Home
Affairs, but when we did an evaluation of our performance at the
boarder environment, the critical issue is the fragmentation of the
services being provided there. The Department of Home Affairs,
Agriculture, Health, Police, the Army and so on and the view was
that put all of these functions under one organisation – Boarder
Management Agency, which will then take over the responsibilities
24 MAY 2016
PAGE: 140 of 144
of all other departments. In that case, you don‘t even need to sign
a memorandum of understanding or co-operation with these other
government departments because all the functions and the powers
would have been transferred to the Boarder Management Agency, BMA.
The BMA will have additional capacity to bear weapons for
commissioned officers so that they are able to deal with rhino
poachers, to deal with other criminals that are stealing cars, who
are jumping the fence either coming to South Africa or exiting the
country with stolen property.
Finally, let me say that the department launched Operation Bvisa
Masina last year and more than 50 officials have been arrested up
to this point. Let us make this point also very clear – the
overwhelming majority of the officials of the Department of Home
Affairs are clean, ethical, hardworking people who serve this
country with great integrity. [Applause.] I take pride in them and
I will identify with them anytime because they do such tremendous
service to our nation. We must not paint all of them with the same
brush because of the actions of few people because they do such
excellent work.
We also have a partnership with the banks and insurance companies
that we combat identity theft. We‘ve been able to save over
R3,2 billion – that is the estimation by the banking and the
insurance industry themselves. We have been able R3,2 billion as a
result of this partnership. [Applause.] Let me finally say that the
24 MAY 2016
PAGE: 141 of 144
Department of Home Affairs has a responsibility towards South
Africa that exceeds that of other departments such as Tourism. For
us, our responsibility is not only to ensure that tourists come to
South Africa, but it is also to protect South Africa from
foreigners that are unwanted in our country and therefore, our visa
regulations sought to achieve that balance between economic
development and national security. We are happy that government has
continued to support us wholeheartedly in implementing these visa
regulations.
Thank you. [Applause.]
Debate concluded.
The Council adjourned at 17:30.
__________
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 20 MAY 2016
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
24 MAY 2016
1.
PAGE: 142 of 144
Assent by President in respect of Bills
(1)
Revenue Laws Amendment Bill [B 4B – 2016] – Act No 2 of 2016 (assented to and
signed by the President on 17 May 2016).
COMMITTEE REPORTS
National Council of Provinces
Please see page 2 of the ATCs.
TUESDAY, 24 MAY 2016
ANNOUNCEMENTS
National Council of Provinces
The Chairperson
1.
Message from National Assembly to National Council of Provinces in respect of Bills
passed by Assembly and transmitted to Council
(1)
Bill passed by National Assembly and transmitted for concurrence on 24 May 2016:
24 MAY 2016
(a)
PAGE: 143 of 144
Higher Education Amendment Bill [B 36B – 2015] (National Assembly – sec
75).
The Bill has been referred to the Select Committee on Education and Recreation
of the National Council of Provinces.
TABLINGS
National Council of Provinces
1.
The Chairperson
(a)
Notice of extension of Intervention issued in terms of section 139(1)(b) of the
Constitution, 1996, to Imbabazane Local Municipality, KwaZulu-Natal.
Referred to the Select Committee on Cooperative Governance and Traditional
Affairs for consideration and report.
(b)
Notice of Intervention issued in terms of section 139(4) of the Constitution, 1996, to
Ingwe Local Municipality, KwaZulu-Natal.
Referred to the Select Committee on Cooperative Governance and Traditional
Affairs for consideration and report.
COMMITTEE REPORTS
24 MAY 2016
National Assembly and National Council of Provinces
Please see pages 3-7 of the ATCs.
Please see pages 176 of the ATCs.
PAGE: 144 of 144
Audio
No related
Documents
No related documents