Hansard: NCOP: Unrevised hansard

House: National Council of Provinces

Date of Meeting: 22 Sep 2015

Summary

No summary available.

Minutes

TUESDAY, 22 SEPTEMBER 2015

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PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES

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The Council met at 14:03.

The House Chairperson: Committee, Co-operative Governance and Intergovernmental Relations took the Chair and requested members to observe a moment of silence for prayers or meditation.

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

NOTICES OF MOTION

Ms C LABUSCHAGNE: Chair, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the DA:

That the Council, based on the welcomed comments by the Minister of Human Settlements, Lindiwe Sisulu, to the Construction Industry Development Board regarding selling of tenders to larger companies for a quick profit, we call on the Council to debates the manipulation of the black economic empowerment, BEE, processes by smaller companies to curb the millions of rands that could have been spent on job creation and delivering more services to the poor.

Mr S G MTHIMUNYE: Hon House Chair, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the ANC:

That the Council –

debates the wave of the DA councillors’ resignation from the party citing the bad treatment they receive from their white bosses;

in the unstable Theewaterskloof Municipality, the deputy mayor, Mlulami Tshaka resigned due to the bad treatment he received from his bosses. Tshaka was a ward councillor in Grabouw;

Councillor Warnick October also could not stand the DA’s arrogance and ill-treatment and decided to leave the DA in the Western Cape, Ward 1 in the Cape Agulhas Municipality; and

Councillor Jurie Harmse, a councillor of Ward 13 in Oudshoorn, also decided to leave the DA and vote with the ANC to give the ANC control of the municipality.

Mr C J DE BEER: Chair, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the ANC:

That the Council –

debates the financial affairs and vote-buying by the DA-run City of Cape Town after the National Treasury report found that the City inflated its budget for indigents which is viewed as a way of buying votes; and

(2) what has been dubbed as the DA’s R3,3 billion votes-buying scandal was exposed in the report tabled by the Treasury to the mayor and her advisors last week. The Treasury revealed that R1,9 billion is spent on free services to people who do not qualify. This is in the Treasury’s report. Experts suspect that most of these people are white and can afford to pay and many the poor communities do not get the same.

Mr R PURDON (Eastern Cape): Hon Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the DA:

That the Council –

notes that until March 2011, the Grahamstown Foundation received an annual heritage grant from the Department of Arts and Culture which ceased without warning or consultation on 30 March 2011;

if the grant is not forthcoming the foundation will be forced to terminate the institution and its projects and this will have a negative impact on the arts and education and lead to job losses; and

this House calls for a debate on the lack of funding of arts and culture projects relating to direct job losses with a focus on the Grahamstown Foundation.

Ms E C VAN LINGEN: Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the DA:

That the Council –

debates a proper planning schedule of the NCOP for oversight events considering -

commitment to the annual programmes by both the NCOP and the provincial legislatures;

commencing the planning stages of the NCOP programmes such as the Provincial Week , select committee oversight and Taking Parliament to the People, for instance, at least three months in advance;

ensures that there is sufficient budget for that events;

co-ordination of the NCOP visits to institutions in provinces to ensure that the NCOP committees do not visit the same institutions within the same six months, and that the NCOP does not visit the same institutions as the National Assembly committees during a period set aside for parliamentary oversight weeks; and

include all provincial delegations in such preparations in terms of distances and local logistics; and

that the NCOP oversight programmes concentrate on the constitutional mandate of the NCOP.

TWO TWIN BOYS BURNT TO DEATH BY MOB IN DAVEYTON

(Draft Resolution)

Mr E MAKUE: Hon House Chairperson, I hereby move without notice:

That the Council -

notes with alarm, that the bodies of two twin boys , Sabelo and Samkelo Mayisela, were found in an open field on Tuesday, last week in Daveyton;

further notes that the 16-year-old boys had apparently been necklaced and burnt to death by an angry mob which had kidnapped them from their home on Monday around midnight;

also notes that they were accused of being members of a prominent gang in Etwatwa called the One Vision Lover, OVL, as gang members were apparently being targeted by the community who were fed up with lawless youths committing violent crimes in the area and getting away with it;

condemns such acts and pleads with communities not to take the law into their own hands; and

further calls on the SA Police Service to do their best to apprehend the wrongdoers and to ensure an effective prosecution.

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

MORE INNOCENT LIVES LOST IN KZN TAXI VIOLENCE

(Draft Resolution)

Mr M CHETTY: Hon House Chairperson, I move without notice:

That the Council -

notes that in KZN the violence in the taxi industry continues unabated and have claimed more innocent lives;

further notes that to date, the MEC for Safety and Security has still not presented a memorandum of understanding, MOU, within his department and the various taxi associations ferrying the residents and commuters of KZN;

calls upon the Ministers of Transport and Police to jointly intervene in KZN before more innocent lives are lost whilst the MEC twiddles his thumbs.

Mr E MAKUE: Hon Chairperson, on a point of order: I don’t understand the member when he says he moves a notice without motion.

The HOUSE CHAIRPERSON: In light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of a motion.

HOMO NALEDI DISCOVERED AT MAROPENG CRADLE OF HUMANKIND

(Draft Resolution)

Ms L L ZWANE: Hon House Chairperson, I move without notice:

That the Council -

notes with appreciation that on the 10 September 2015, Wits University announced the discovery of a new species of human relative, and named it Homo naledi;

further notes that fossils were revealed for the first time during an international launch at the Maropeng visitor’s centre in the Cradle of Humankind World Heritage Site, attended by representatives from the South African government, participating researchers from all over the world, as well as local and international media;

also notes that this followed after Professor Lee Berger, research professor in the Evolutionary Studies Institute at Wits, and a team of researchers, cavers and explorers announced in November 2013 that they had discovered a significant fossil find in a cave known as the Rising Star in the Cradle of Humankind, some 50 kilometres northwest of Johannesburg;

further notes that this historic discovery is a single largest fossil found yet made on the African continent; and

commends the team led by Professor Lee Berger, and wishes them well on their adventures.

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

SA PARLIAMENTARY RUGBY TEAM OVERCOME BY AUSTRALIA IN PARLIAMENTARY RUGBY WORLD CUP FINAL

(Draft Resolution)

Mr W F FABER: Hon Chair, I move without notice:

That the Council -

notes that on Monday, 21 September, the SA parliamentary rugby team arrived back in South Africa after participating with nine countries in the parliamentary Rugby World Cup;

further notes that the rugby team did South Africa and Parliament proud by reaching the final against Australia;

also notes that Australia’s team was loaded with some former Fijian and Rugby League international players and beat the SA parliamentary team in a gruelling match finale;

further notes that this is the third parliamentary World Cup where South Africa could just not overcome the last hurdle;

also notes that the next parliamentary Rugby World Cup will be held in Japan 2019, where the SA parliamentary team must rectify the situation and bring the cup home;

further notes that the international exposure our players gave South Africa, as well as the interaction with parliamentarians from across the globe at one event, was of great value;

also notes that building these international relations between parliaments from across the world in a sporting event brings countries closer together;

thanks SuperSport, Sanlam, Santam, Million Sure, Dimension Data and all other sponsors for making this event possible to attend; and

salutes all the parliamentary staff, Protection Unit staff and Members of Parliament and all the others who put their bodies on the line to represent this country and Parliament of South Africa;

and believes that these boys have made this institution proud.

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

ANTICORRUPTION CAMPAIGN BY YIELDS RESULTS IN KWAZULU-NATAL

(Draft Resolution)

Mr O SEFAKO: Hon House Chairperson, I move without notice:

That the Council -

notes with appreciation that the anticorruption campaign in KZN is yielding some results;

further notes that most of the half a billion rand that was stolen by government officials in KwaZulu-Natal during the 2014-15 financial year, was recovered from fraudulent tenders;

also notes that from the operations by the Special Investigating Unit in KZN, R536 500 000 was recovered duringthe period;

further notes that some of these recoveries are from fraudulent government tenders in 2014; fraudulent tenders and bribes of SA Police Service officials; land affairs and rural development department; a government employee through the completed forfeiture of assets; the SA Social Security Agency and officials who benefited irregularly from housing subsidies;

also notes that further investigations are still on-going even in other departments; and

commends such moves by the KZN government in combating corruption.

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

449 NURSES GRADUATE AT MAHIKENG AND KLERKSDORP NURSING COLLEGES

(Draft Resolution)

Mr H B GROENEWALD: Hon House Chairperson, I move without notice:

That the Council -

notes that a total of 449 nurses graduated in the North West Province at the Mahikeng and Klerksdorp nursing colleges;

further notes that they graduated in different areas of nursing science and are ready to put their newly acquired skills at the service of communities in the province; and

congratulates the class of 2015 for acquiring these qualifications and believes that each of them will be true to the nursing pledge they undertook.

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

CONSTABLE LAEEQ ENGELBRECHT WINS POLICE AWARD FOR CONFISCATING MOST GUNS IN BISHOP LAVIS

(Draft Resolution)

Mr D L XIMBI: Hon Chair, I move without notice:

That the Council -

notes with accolades that the 31 year-old Constable Laeeq Engelbrecht has won a police award for confiscating the most guns while patrolling Bishop Lavis, one of Cape Town’s most notorious townships;

further notes that five years ago he continued to show heart for his people;
also notes that despite the policeman’s bravado on the daily beat, after hours he is a smitten father and a passionate geek who runs a backyard internet café where local kids use free Wi-Fi;

further notes his photograph where he shares his lunch of takeaway fish and chips with an elderly homeless woman, Magdelene Du Preez, who sleeps next to a strip mall in Kraaifontein, on Cape Town’s northern outskirts.

also notes that from his goodwill, different organisations, companies and individuals are coming to the fore to assist auntie Magdalene to end her two years of loneliness since the death of her husband;

further notes that this patriotic police officer also intends getting a shelter for this woman; and

applauds this police officer and other officers who are dedicated in serving our community;

The HOUSE CHAIRPERSON: In light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of a motion.

BLACK MAMBAS ANTI-POACHING UNIT RECEIVES UNITED NATIONS CHAMPIONS OF THE EARTH AWARD

(Draft Resolution)

Ms C LABUSCHAGNE: Hon Chair, I move without notice:

That the Council -

congratulates the Black Mambas Anti-Poaching Unit for receiving the United Nations Environmental Program’s highest environmental prize, the Champions of the Earth Award, earlier this month;

notes that, by bestowing this prestigious award on the Black Mambas in its Inspiration and Action category, the UN Environmental Program recognises the rapid and impressive impact made by the unit to assist in a variety of ways to combat rhino poaching;

further notes that the participation of the women defies gender stereotypes, as each of the 26 members of the first majority women antipoaching team helps to demonstrate that action at the local level is critical in achieving global sustainability and equality by fearlessly patrolling the reserve unarmed, teaching locals about wildlife preservation and monitoring poaching-related activities;

also notes that this community-led initiative has resulted in the reduction of rhino poaching-related deaths in the reserve from 19 before its establishment to three during one recent incursion; and

wishes to commend these women on this major achievements.

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

15-YEAR-OLD LEROY MOKGATLE WINS GOLD MEDAL AT PRESTIGIOUS GENÉE INTERNATIONAL BALLET COMPETITION

(Draft Resolution)

Ms L C DLAMINI: Hon Chair, I move without notice:

That the Council -

notes and welcomes in applause that a 15-year-old Leroy Mokgatle did South Africa proud by winning a gold medal at the prestigious Genée International Ballet Competition hosted by the Royal Academy of Dance in London, last Saturday;

also notes that he earned this prestige after ending on top out of 76 contestants from around the world at the finals and he was also presented with the Margot Fonteyn Audience Choice Award;

further notes that the competition was named after the Royal Academy of Dance’s first president, Dame Adeline Genée;

also notes that, having been raised by his grandmother after his mother’s death in 2007, Leroy hailed from the Bafokeng tribe from Phokeng near Rustenburg before studying at the Art of Motion school in Randburg, Johannesburg, in 2013, where amongst his achievements at the school, he won the Junior Contemporary Gold Medal and the Junior Classical Medal at the SA International Ballet Competition in Cape Town in 2014; and

congratulates him and commends the hard work done by his trainers.

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

MERCHANT SHIPPING AMENDMENT BILL

(Consideration of Bill and of Report thereon)

Debate concluded.

Question put: That the Bill be agreed to.

Mr E MAKUE: Hon Chairperson, it is my pleasure to present the Merchant Shipping Amendment Bill for approval to the NCOP. This Bill amends the Merchant shipping Act of 1951, so as to give you effect to the Maritime Labour Convention, MLC, 2006 and Work in Fishing Convention 2007, also referred to as C188, and also to provide for matters connected therewith.

The Bill was introduced in the National Assembly as a proposed Section 75 Bill and an explanatory summary was published in the Government Gazette 38025 of 25 September 2014. The Bill was presented to the select committee on Economic and Business Development on 11 August 2015. The Select Committee considered the Bill with favour and unanimously agreed on its presentation to the NCOP for approval.

The Merchant Shipping Amendment Bill, 2006, and the Convention were adopted under the auspices of the International Labour Organisation which is a United Nations body aimed at promoting the rights of seafarers at work. This was done to encourage decent employment opportunities and to enhance social protection and strengthen dialogue on work related issues.

The MLC 2006 gives a set of comprehensive rights and duties of seafarers at work. The Convention also aims to achieve minimum working conditions of seafarers by covering wide range of matters that includes working hours, health and safety, crew accommodation, seafarer’s welfare and contractual agreements.

We were therefore not surprised when the Parliamentary Liaison Officer of the Congress of South African Trade Unions communicated with my office and I wish to quote from his letter, ”COSATU strongly welcomes the Department of Transport Merchant Shipping Amendments Bill. Both COSATU and our transport affiliates SATAWU and FAWU support this Bill on the basis that it seeks to bring South Africa Merchant shipping conditions in line with the International Labour Organisation’s Consolidate Maritime Labour Convention as well as relevant South African labour, occupational health and safety legislation.

Working conditions in the maritime industry both within South Africa and internationally has all too often being shockingly dangerous, unhealthy and exploitative. In COSATU, we believe that the Bill will go a long way towards bridging many of the legal loopholes that have allowed such outrageous work conditions to exist for far too long.

We therefore wish to express to the Select Committee our support for the adoption of this progressive Bill. We further call upon the government, to ensure that the Bill is implemented in full when signed into law.”

The Republic of South Africa has ratified the Convention on 7 June 2013 already. Department of Transport amended the Merchant Shipping Act, 1951 (Act 57 of 1951) to give effect to the MLC 2006 and C188, and has attended to all the necessary requirements related to the amendment of the principal Act.Because of this work done by the Department of Transport we are confident to present this Bill to you today.

The Bill has 31 clauses and details can be gleaned from the Act itself. Comments on the Bill were received from Bowman Gilfillan and Partners, which is a group of attorneys from the National Economic Development and Labour Council, NEDLAC, where business, private sector, trade unions and civil society meet with government from their side. So South African maritime authority and also very importantly for us in the select committee from The State Law Advisor and officials from that department were present during the presentation that were made and ensured us that the Bill conforms to our progressive legislation.

Their comments are therefore accommodated in the final draft Bill. The Department of Transport therefore requested the Select Committee on Economic and Business Development to consider the Bill and to present same for the NCOP to approve for assent by the President. I have the pleasure of doing so on behalf of the select committee. I thank you.

The Bill is agreed to in terms of Section 75 of the Constitution.

HERITAGE DAY

(Subject for Discussion)

The DEPUTY MINISTER OF ARTS AND CULTURE: Hon House Chair, hon members and guests who are here today, as we all know September is Heritage month. This year we have adopted the theme, our indigenous knowledge, our heritage: towards the identification, promotion and preservation of South Africa’s living heritage. During the month of September, this year in particular, we have decided to use this theme to identify, promote and preserve our intangible cultural heritage, or what we commonly refer to as living heritage in South Africa.

Living heritage is the foundation of most communities in South Africa. It is an essential source of identity and continuity. Aspects of living heritage may include: cultural tradition; oral history; performance; rituals; popular memory; skills and techniques; indigenous knowledge systems; and the holistic approach to nature, society and social relationships.

In the African context it is an established fact that the advent of colonialism with its concomitant wars of dispossession caused havoc to our cultural traditions and customs that had for centuries kept intact the social and economic fabric of our precolonial societies.

Colonial rulers knew that the military subjugation of indigenous people was not going to lead to total subjugation and the ultimate achievement of the colonial agenda. They therefore systematically eroded and corroded indigenous cultures by projecting and portraying them as backward. A large number of people began to despise these cultures and traditions, and got assimilated into western ways of living.

Wars of dispossession robbed Africans of their land and livelihood, and created artificial families where the elders in society live in rural areas and men and women of working age live in towns and cities. This has created generations of South Africans who are deprived of their indigenous knowledge as a direct result of the destruction of the African extended family.

Despite this new wave of colonialism and the subsequent imposition of western cultures and traditions, some men and women within indigenous populations took it upon themselves to keep these traditions for future generations; hence we still have them today.

It is against this background that during the month of September we celebrate our traditional music; our indigenous food and drinks; our cultural traditions; our rituals; our traditional practices; our belief systems; our skills; our techniques; and our holistic relationship with nature and the universe.

During the month of September we celebrate all the men and women who have kept our traditions alive. We celebrate the crafters, the sculptures, the weavers, the musicians, the poets, the writers, the storytellers, the trackers, the healers and the builders from Africa who inherited their skills from their elders.

During Heritage month we celebrate omama Madosini, mama Noria Mabasa, baba Credo Mutwa and all the heroes and heroines who have upheld and kept alive our indigenous knowledge despite centuries of oppression and suppression.

Our parents and grandparents planted their own indigenous crops and had livestock to feed their families. All traditional communities had their traditional healers for most known ailments. Household utensils, clothing items and weapons were made within families and the wider community.

... That is why I always have a backup. These things are modern but sometimes they do their own thing ...

Our families ate healthy organic foodstuffs that were widely available in the neighbourhood and our mothers brewed their own healthy beer which was shared by the elders, without being sold for profit.

We began this month with the launch of the sixth National Book Week under the two-faceted theme: #Goingplaces ... #Buyabook. #Goingplaces reflects the physical journey of National Book Week travelling throughout South Africa, as well as the magic of books and how reading books can both figuratively and literally take you places. #Buyabook at a minimal cost of R2O and donate it to others. It aims to create better informed and self-reliant communities by investing in the literacy of young people and underprivileged adults. It is said we are not a reading nation; only 14% of people in South Africa read. It’s not only because we don’t want to read, but there are many who are not reading both in rural and urban areas who cannot afford to buy books, and they cannot afford to travel long distances to libraries.

In a bid to restore, protect, preserve and promote living heritage, government has produced the draft policy on the promotion and protection of South Africa’s living heritage. We have started a programme of identifying and recognising our living human treasures of living legends. This programme was launched by the Minister of Arts and Culture on 25 August in Johannesburg. During the launch we identified and invited about 80 South Africans who are over 70 years of age and who have excelled in various areas of indigenous knowledge. We are planning to extend this programme so that these elders will be integrated into our schooling programme so that they will teach their skills and pass their knowledge on to future generations. By so doing, our indigenous knowledge will never die.

Together with the Department of Trade and Industry and the SA Music Rights Organisation, we participated in music workshop master classes hosted as part of the legacy project for the annual Royal Heritage Festival in Thohoyandou, which approximately 200 local artists attended. The workshop was facilitated by Selaelo Selota.

On 11 September as part of Heritage month, our President, His Excellency Jacob Gedleyihlekisa Zuma, officially opened the Matola Raid Monument and Interpretive Centre in Mozambique. This memorial was built to honour uMkhonto weSizwe combatants and one Mozambican national who were killed by the apartheid SA Defence Force during a raid in 1981. For the first time since the raid, this project made it possible for the few survivors or family members to meet in Matola to pay homage to their comrades and their loved ones. As government we see this as part of the healing process.

From the 10th till the 12th we held the annual Moshito conference in partnership with the SA Broadcasting Corporation, SABC. During this event we bring together all role-players in the music industry where skills are shared, ranging from business skills and where artists are assisted in marketing themselves.

On the 15th of this month the Minister of Arts and Culture launched the National Heritage Monument through the unveiling of the first 55 life-sized statues of men and women of all races who fought against colonialism and apartheid. These statues will be amongst the 400 statues that will form the focal point of the National Heritage Monument taking shape in Groenkloof, Pretoria.

The monument will form an everlasting tribute to the fight against dispossessions, colonialism and apartheid. This project is the first of its kind in the history of South Africa, where in one space you have historical figures from the precolonial, colonial and apartheid eras being showcased as a true testimony to their contribution in shaping the democratic South Africa that we have today.

The statues pay tribute to heroes and heroines ranging from David Stuurman, Klaas Stuurman, King Sekhukhune, Bishop Colenso, Inkosi Bhambatha, Adam Kok, Father Trevor Huddleston, Lillian Ngoyi, Walter and Albert Sisulu, Oliver Tambo, Nelson Mandela, Steve Biko and many, many others. This project is indeed a nation-building project because it recognises people across race, colour, ethnicity, gender, creed and political affiliation.

On 16 September the President held a meeting with South African artists who have organised themselves into a single organisation so that they can speak with one voice in representing the industry. These men and women will represent the interests of artists from all walks of life.

The department has also been busy promoting social cohesion and nation-building by installing flags and flagpoles at South African schools. During this month we have installed flags, and promoted the preamble of the Constitution and national identity at various schools within the country. We would like to ensure that every school in South Africa hoists the national flag and scholars sing both the AU and South African anthems. We are quite aware that right now in communities some cannot even sing the national anthem. So we said lets start with the young ones.

On Thursday, South Africa will be celebrating Heritage Day and the national event will be held at Mokomene village in Ramokgopa, Limpopo. During this day we will be showcasing and celebrating our crafts, our poetry, our pottery, our foods, our songs and dance, and our traditional medicine.

Our elders who have kept our indigenous knowledge alive will be celebrated and will be our honoured guests. Some of our legends will be entertaining us during the Heritage Day event. By honouring these men and women, we are ensuring that their knowledge, their art, their skills and their techniques are passed over to future generations, so that South Africa can use this indigenous knowledge to provide healthy and affordable food. Our indigenous medicine can contribute to the fight against diseases; our people can make a living through their handicraft and pottery; and our indigenous musicians can take their rightful place in the world of music.

Hon members, we all know that by keeping our heritage we will be building a nation; we will be building our people. Our indigenous knowledge that was there was looked down upon. They need to know how it worked, and this will build us. We had scientists in our indigenous knowledge. We had doctors in our indigenous knowledge. Let us not allow it to die. We will all say, have a happy Heritage Day. See you there and thank you. [Applause.]

The HOUSE CHAIRPERSON: COMMITTEES AND OVERSIGHT (Mr A J Nyambi): Thank you. I must confess that I like that you had a backup to deal with the challenges of technology when it does its own thing. Hon Mpambo-Sibhukwana?

Nks T G MPAMBO-SIBHUKWANA: Sihlalo weNdlu ohloniphekileyo, abantu bale Ndlu yeengwevu, ngalo mhla wemini yenkcubeko ndithanda ukuba ndithi isizwe somnyama sisizwe senkcubeko, amagugu namafa kwaye ndithanda ukuthi siqaphaphele ukuba le nyanga yoMsintsi yinyanga yabakhubazeke ngokweendlebe. Imfuneko yokuxelela uMzantsi Afrika, sibonakalise ubunkokeli kule ngxoxo-mpikiswano, yinkcubeko yethu kwaye namhlanje ibisele igxeleshekile kakade.

Le yimini yamagugu nenkcubeko, inkuthazo ngokweelwimi, amasiko nezithethe kwisizwe somnyama. Masenze nje ke Sekela Mphathiswa, singawalibali namalungelo abo bakhubazekileyo kuba kaloku noMgaqo-siseko uthi masibabandakanye. (Translation of isiXhosa paragraphs follows.)

[Ms T G MPAMBO-SIBHUKWANA: Hon Chairperson of this House, members of this August House, on this heritage, I would like to say the African Nation is a nation of culture, heritage and I would like us to also remember that September is also a National Month for the Deaf. It is a need to inform South Africa and show our leadership in this debate, it is our culture and today it was already looked forward to.

This is a heritage day, encouraging the use of our languages, our tradition in the African nation. Hon Deputy Minister, let us do like this, let us not forget the rights of the people with disabilities and we must include them as the Constitution says so.]

As you just said, Deputy Chairperson, if the living heritage is disrespected, for example the Braille for disabled people in the museum, it means, you need to go back to the drawing board and put the rights of people with disability on the throne.

Akukho mntu ukhetha ubuzwe amakazalwe nabo okokuqala. Mandoleke umsundulo ngelithi nentlungu yengcinezelo yimbali yethu nethe yayanyaniswa nathi. Ukuguqula oku ke kubalulekile, sijonge umgomo weDA kwinkululeko, ukulingana namathuba. Kaloku thina bantu bezopolitiko sifuthaniselana sifundisa uluntu kulo Mzantsi Afrika umtsha.

Ndifuna ukuthi kuni malungu ahloniphekileyo, njengeenkokeli sinoxanduva olusemagxeni ethu ekugcineni nasekukhuseleni inkcubeko yethu. Kungoko kufuneka sidlale indima yethu, senze uluntu lwethu lwazi imbali yalo yamandulo. Sekela Sihlalo, mntana kaNyambi ndifuna ukuthi ... (Translation of isiXhosa paragraphs follows.)

[First, no one chooses his nationality. Let me add by saying even the pain of oppression is our history and it was associated with us. The transformation is important, we are looking at DA policies in this democracy, equality and opportunities. We as politicians we discuss things and teach them to the members of the public in the new South Africa.

I would like to say to you hon members, as leaders, we have a responsibility to maintain and protect our heritage. That is why we need to play our role, make awareness about our history to the public. Deputy Chairperson, hon Nyambi, I would like to say ...]

... more importantly, we also need to address the present and look towards the future by continual creation, transformation and adding new ideas to old ones. We have to acknowledge that we must work towards every South African feeling proud of who they are and where they are going, if we want to heal a divided society and create social cohesion.

Emva kweminyaka engama-21 sixhamla ukulawula ngokwentando yesininzi, uluvo lukatata wethu uMadiba lube zizithukuthuku zenja eziphelela eboyeni malunga nezinto ezenzekayo. Njengowasetyhini orhubuluze ngexesha lengcinezelo ndiyayazi ukuba kuthetha ukuthini ukuba ngummi waseMzantsi Afrika, mna buqu. Ubuzwe bam kuMzantsi Afrika wocalucalulo bagxijwa yingqondo bugqwirhwa yorhulumente wangelo xesha. Imfundo yam, umsebenzi wam nokuba ndandiza kutshata nabani na, babugqitywa ngabo. (Translation of isiXhosa paragraph follows.)

[After 21 years of democracy, Tata Madiba’s opinion was in vain when you look at things that are happening. As a woman who was struggling during the apartheid era I know, myself, what it means to be a South African. My nationality in apartheid South Africa was violated by the evil government at that time. My education, my work and whom I was going to marry with, was their decision.]

Ons denkwyse was ontdaan van alle trots. Ons geskiedenis was byna uitgewis en dit het geen eer nie. [Our thinking was stripped of all pride. Our history was nearly eradicated and enjoys no honour.]

As much as I can stand here and easily blame the past, I made a decision to pick up my own pieces and create my own heritage, promoting it and preserving it for the next generation, to continue what so many South Africans had to repair.

My own story has become a story of my own identity, embracing all our cultures, the diversity of our rainbow nation and multilingualism. By extension, I am becoming part of a political home that understands that we still have a long way to go - the Democratic Alliance.

Umbono kaMandela wamandulo nokuba nalengxoxo-mpikiswano unika ithemba nempilo kwisizwe sethu. [Mandela’s view of olden days and this debate give hope and life in our country.]

During the early 1990s, Madiba’s rainbow nation legacy — the message of reconciliation and management of holding a divided society together — undoubtedly kept our country from falling into deep anarchy and perpetual conflict.

Ngelishwa lomhluzi wamanqina ke Sihlalo, uMphathiswa uMthethwa akanakulinganiswa nalo mbono xa kujongwe uxolelwaniso, kwingxoxo equka inkcubeko neyegcuntswana. [Unfortunately hon Chairperson, hon Minister Mthethwa cannot be compared with this view when we are looking at reconciliation, in a debate which includes heritage and the one of a minority.]

What saddens me is that within the National Council of Provinces, I have to witness daily how the ANC destroys Madiba’s legacy and vision. Where he tried to manage conflict, the ANC has resorted to the apartheid style of governance, which is an insult and discrimination and it promotes divide.

Thina singumbutho weDA siza kuqhubeka nokulwela kwethu ucalucalulo; sisilwa nengcizelo echasene namalungelo oluntu, ilungelo lemfundo, impilo, nokuphuhliswa koluntu. Kubalulekile ke ngoko ukuba sibhale ngakumbi nangokungafihli makhuba kulinywa, sichaze imvelaphi yethu, sikhulule amatyathanga asekelezwe kwingqondo bugqwirha yengcinezelo negxininiswa ngumbutho we-ANC. (Translation of isiXhosa paragraph follows.)

[We as the DA, will continue with our struggle against discrimination; fighting oppression which is contrary to the human rights, right to education, health and social development. Therefore it is important to write more and not hide anything that is important to be used, share our background, and release ourselves from evil things of oppression that are emphasised by the ANC.]

I was shocked and appalled during my oversight, when I visited Freedom Park in Pretoria and the Anglo Boer War Museum in the Free State - two important parts of our past, where many people from all backgrounds experienced pain, suffering and discrimination. Here I found that these two institutions do not cater for the deaf. How can we forget the disabled, when they rightfully and constitutionally have to be included? How can we still have education of our history denied to so many South Africans, which is a direct infringement on their constitutional right?

Waar die DA regeer is ons vasberade om nie terug te keer na die verlede, waar mense geleer is om mekaar te haat op grond van velkleur, agtergrond en geloofsoortuiging nie.[Where the DA governs, we are determined not to return to the past, where people were taught to hate each other based on skin colour, background and religion.]

And whilst we are conscious of this, we are championing what the people have mandated us to do and that is to govern and bring services to the communities of South Africa, because a lack thereof will further strip our people of their dignity, pride and optimism.

Ngonyaka we-1997 okaNgqolomsila, wathetha wenjenje ngale mini yenkcubeko esikhumbuza ngokukhululeka nokuzakuzela umgomo onguwo nonentsingiselo ... [In 1997 on heritage day, Ngqolomsila reminded us of freedom on working towards a meaningful policy and said ...]

... and I quote:

They must bring secure protection under the law, access to justice, clean water, adequate health-care and shelter. They must entrench the conditions in which one can participate in building our collective democratic future; speak one’s own language, have pride in one’s culture and one’s heritage.

Malungu ale Ndlu ndifuna ukuthi kuni, mnye jwii umbutho onokuyenza le nto, yi-DA. Nokuba i-ANC ingakhalaza ngokuthi i-DA inika iinkonzo eziphangaleleyo kubantu abahluphekayo. Ewe siyavuma sinetyala. [Hon members, I want to say to you, there is only one organisation that can do that, it’s DA. Even if ANC can complain by saying DA delivers enough services to disadvantaged people.]

We are found guilty. We do admit we are guilty ...

... ngokubonelela ngeenkonzo kwabo bangathathi ntweni. [... of delivering services to disadvantaged people.]

Inteendeel, waar ons regeer, neem ons die voortou as dit kom by geldelike besteding vir basiese dienste aan die armste van die armes.

To those in the ANC who don’t understand what redress means, it is action and part of our greater effort to address our historical bequest.

Xa sele sibaphethe ezandleni ooMasipala abaMbaxa iNelson Mandela Bay neTshwane kunyaka ozayo; ziza kube zilapha kuthi. Siya kuba sizeka emzekweni ukulungisa iziphene ze-ANC. [When we are in control of Nelson Mandela Bay and Tswane Municipalities next year; they will be with us. We will be correcting wrong things that were done by the ANC.]

We will continue to emphasise that each and every South African must take personal responsibility for advancing reconciliation, respect and tradition and we must protect our people in their racial and cultural diversity.

Yiyo loo nto ndisithi yeha kuni sizwe somnyama. Zemka iinkomo magwalandini. Musani ukuthokombisa magwala, ngabula umbhali uShakespear esithi ... [That is why I celebrate with you Africans nation. Wake up, you cowards. Do not bow your heads, as Shakespear said ...]

... Cowards die many times before their death, but the valiant taste his death only once.”

Qabelani iNqadu ninqumle iQonce, niqabele iNgqushwa de ninqandwe yiNquthu. [Playing with clicks.]Iimvumi zinabela uqaqaqa, zingene phantsi komhlaba zingaphathanga nto bezimpula zikalujaca. Sithi kwiMangaung African Cultural Festival, Macufe kwiphondo leFreyistatha nakwiNorth Sea Jazz Festival ebakho kwiNtshona Koloni mazithathele ingqalelo iimvumi kuba kaloku ziyasonwabisa. Maz’enethole Sihlalo, makube chosi kube hele. [Kwaqhwatywa.] (Translation of isiXhosa paragraph follows.)

[Musicians have passed away, dying empty handed. We say in Mangaung African Cultural Festival, Macufe in Free State province and in North Sea Jazz Festival which in the Western Cape musicians must be taken seriously because they entertain us. Thank you. [Applause.]]

The HOUSE CHAIRPERSON (Mr.A J Nyambi): Hon members, as this is the Parliament of the people of the Republic of South Africa, in the NCOP today, allow me to acknowledge the presence of learners and educators of Phakamile Combined Primary School in the Eastern Cape. [Applause.]

Ms L L ZWANE: Hon Chairperson, hon members of the National Council of Provinces, our guests at the gallery and learners - future leaders of the ANC - of course, that have come to learn how things are done by the movement of the people, at the outset let me just take this opportunity to pay my respect to the late King of the Zulu nation ...

... iNkosi yamaZulu ekhotheme, eyaphangalala ngomhla zingama-22 Septhemba 1828, iNkosi uShaka. [... the late King of the Zulu nation, who passed on on the 22nd of September 1828, King Shaka.]

Uteku lwabafazi bakwaNomgabhi

Ababetekula behlez’ emlovini

Beth’ uShaka!

Akayikubusa, kayikuba ‘Nkosi

Kanti kuyinyakana

UShaka ezakunethezeka

Ushaka ngiyesaba ukuthi nguShaka

UShaka kwakuyiNkosi yaseMashobeni

Izizwe zonke ziyizwile ukulila

Izwiwe nguDunjwa waseLuyengweni

Yezwiwa nguMangcengeza wakwaKhayi

Yaye yezwiwa ngamaNtungwa akwaSokhumalo. (Praise names.)

Let me take this opportunity to quote the Freedom Charter, the genuine charter and the charter that governs the principles of the Constitution that is governing this country. I know that there are other charters that have just emerged, but this one is the genuine one and I want to quote where it says:

We, the people of South Africa declare for all our country and the world to know that South Africa belongs to all who live in it, black and white, ...

I just want to end there. In South Africa there are various cultures that are accommodated by the Constitution. There is a western culture that came with the people from European countries. There is a Latin culture in South Africa. There is Middle Eastern culture in South Africa. There is generally our very own culture - the African culture. However, the African culture is gradually becoming a fusion of different cultures and because we are a rainbow nation we agree and accommodate all the cultures that are within the country.

Therefore, I do not understand why the hon Mpambo-Sibhukwana says that the ANC-led government is racist because in terms of the Constitution we cater literally for everybody. She also mentioned that in all the government processes and services we have actually left out people living with disability, particularly the deaf, yet as I stand here the sign language there, they understand all proceedings of all the Houses and of all the functions and everything that the government is doing. So, they are accommodated in terms of laws that are governing this country. That is misinforming the public and we are not going to accept that.

There is an argument that places us on the mark that says that South Africa is a Cradle of Humankind. It argues that this continent is a continent where the human race originated and they then began dispense to all the other parts of the world. In that respect, Africa is a great continent and South Africa is part of that great continent that is meant to have been a point of origin of mankind. This argument is by the University of Colorado.

No matter what culture a people of a group are part of, one thing is for certain, it will change. Culture appears to have become key in our interconnected world, which is made up of so many ethically diverse societies but is also at times getting riddled by conflicts that are associated with religion, ethnicity, ethical beliefs and all the elements which essentially make up culture like the work of art, literature, music, cultural achievements, religion, language, philosophy, history and all those things that have been passed on from earlier generations to the present generation. Culture is no longer fixed, it is fluid.

I also wish to draw comparison between modern culture and traditional culture. Modern culture has got a tendency to create its own environment, it builds cities and massive structures, it teaches that nature is meant to be manipulated to be the source of jobs and wealth for its human masters; it tends to see itself as above nature. Its religions commonly cast humans as a pinnacle of nature. Modern culture thrives on change and adds new technologies and ideas at an increasingly alarming rate.

In contrast, traditional culture lives in close contact with its environment. It teaches that nature must be respected and must be co-operated with. It teaches the culture of ubuntu which is a social philosophy for African that promotes an obligation of humans towards the welfare of one another while taking responsibility for the environment. It teaches that “Motho ke motho ka batho” [A person is human because of others]. It is not selfish like all the other cultures.

When the democratic government that is led by the ANC took over basically I think that their principles and their legislation were informed based on African culture, the culture of being able to accommodate everybody and the culture of not being selfish as we saw during the apartheid regime where every service was meant for a specific group and at the total exclusions of all the other groups or all the other cultures in the country.

In the South African context also, the mandate to preserve cultural heritage resolute within the Department of Arts and Culture which has intend established a body like the SA Resources Agency with an attempt to ensure that there is management and preservation of the national estates.

The new national flag and the anthem are important symbols of a once divided country journeying together for freedom. On 24 September 1995, South Africa celebrated its first ever Heritage Day, a day on which all South Africans are encouraged to celebrate their cultural beliefs in greater diversity that representing the African society.

Another measure that the government has taken to ensure that we preserve our own cultural heritage is being an affiliate of the United Nations and therefore being able to access the specialisation offered by United Nations Educational, Scientific and Cultural Organisation, Unesco. Unesco has got a huge responsibility of ensuring that globally, not only in South Africa, Worlds Cultural and Natural Heritage is actually preserved. This involves tangible cultural heritage which includes manuscripts, sculptures, paintings, coins, artefacts and also something as monuments, archaeological site and statues, whereas they also preserve tangible culture that is made up of oral traditions, performing arts, rituals and all the other related aspects of culture.

I do want to say that it is also important that whilst we preserve culture we do not infringe on human rights. There are tendencies where some of the cultural practices in other areas infringe on human rights. The cultures like “ukthwala” or marriage by abduction is one culture that ... [Interjections.]

The HOUSE CHAIRPERSON: COMMITTEES AND OVERSIGHT (Mr A J Nyambi): Hon Zwane, I’m afraid, your time has expired.

Ms L L ZWANE: Let me conclude. It is one culture that you cannot tolerate back because it is actually some kind of women abuse. There are many other such cultures but because of time I’m going to stop there. Thank you, Chairperson. [Time expired.] [Applause.]

The HOUSE CHAIRPERSON (Mr A J Nyambi): There is no need for me to remind people that are going to that podium not for the first time. You know where there is a time. So, just check the clock there. It’s just there. I will tell those special delegates not ...

Mnu M KHAWULA: Mhlonishwa Sihlalo, kanye noMhlonishwa iPhini likaNgqongqoshe. Ukuhlonishwa, ukuqhakambiswa kanye nokuvikelwa kwamagugu esizwe ngokwehlukahlukana kwezinhlanga zethu, kungenye yemigomo ewumgogodla weQembu leNkatha Yenkululeko. Kuwo wonke amaQembu akhona ePhalamende lezwe lakithi, iQembu leNkatha kuphela eliqanjwe ngegama lomdabu lesintu laseNingizimu Afrika - Inkatha. Lokhu kuwuphawu lokuzinikela kwethu kulo mgomo.

Ngaphansi kobuholi bukaDkt. N R Mandela njengoMongameli Wezwe ngowe-1994, Ungqongqoshe wokuqala woMnyango Wezasekhaya embusweni wentando yeningi uMtwana u-M G Buthelezi (onguMongameli weNkatha), waye wahlaziya wase ephasisa amaholide aseNingizimu Afrika amasha esikhathi sentando yeningi. Ngaphambi kwalokhu, lolu suku luka mhla zingama-24 kuMandulo, labe lugujwa KwaZulu njengosuku lweNkosi uShaka: Ilembe eleqa amanye amalembe ngokukhalipha. Embusweni weNtando yeningi uMtwana wabe esencoma ukuba lolu suku kube usuku lukazwelonke lokugubha amagugu esizwe. Kanjalo inyanga kaMandulo yaba inyanga kazwelonke yokuqhakambisa amagugu esizwe. Umgomo wale migubho uthi-Unity in Diversity, siyiNingizimu Afrika ebumbene esisekelweni sokwehlukahlukana kwezinhlanga zethu. Ezikoleni zaKwaZulu uMtwana wajuba ukuba uMnyango Wezemfundo naMasiko ufundise isifundo Ubuntu Botho ezikoleni. Lesi sifundo sabe sifundisa ngobuntu, ngokuziphatha, imvelaphi kanye namasiko ethu.

Lokhu kwaholela ekubeni izikole zaKwaZulu zibe nemincintiswano eyayibizwa ngokuthi ama-Cultural Competitions. Lokhu kusenziwa namanje ezikoleni zaKwaZulu-Natal. Kwabe kunzima ngesikhathi kuqalwa, kwakukhona ababeqhakambisa imfundisoze ethi uMtwana ubuyisela izwe emumva, ngoba ugqokisa izifundiswa, othisha nabahloli amabheshu, into yamaqaba. Kepha ababesho kanjalo namuhla yibo phambili phansi kwebheshu nehawu.

Siyambonga uMtwana wakwaPhindangene neSilo samabandla wonke, “uBhejane odla abakayise”, ngokugcina amagugu esizwe. Kungenxa yalokhu ukuthi sithi isimemezelo soMnyango Wemfundo Eyisisekelo sokuba kufundiswe isi-Mandarin ezikoleni zezwe lakithi kufanele sichithwe. Lokhu kuwubukoloni, okwesibili futhi, kubukela phansi izilimi zomdabu zezwe lakithi. Njengamanje, izwe kufanele ngabe liqhakambise izilimi zomdabu zezwe lakithi zibe sesilinganisweni esifanayo nesiNgisi. Kungakho iQembu leNkatha Yenkululeko limshayela izandla udadewethu, uDkt uZinhle Nkosi, obhale ibhuku lakhe le-thesis ezifundweni zakhe zobudokotela ngolimi lwesiZulu ngonyaka wezi-2011: Okuyimanje abafundi bakhe be-Masters, babhala ama-thesis abo ngaso isiZulu.

Iqembu leNkatha lithi nezinye izinjukhethe zezwe lakithi kufanele zisithathe lesi sibonelo esihle kule ntokazi. Iqembu leNkatha Yenkululeko kaliphambene nokuthi abantu abasha bezwe lakithi kanye nemiphakathi bazithokozize ngezinsuku zamaholide. Kepha kuyadumaza ukuzwa kushintshwa ingqikithi yosuku lwamagugu ibe isibizwa ukuthi usuku lukazwelonke lwezoso. Lokhu kakuyifundisi kahle intsha yezwe lakithi kepha kuyayidukisa. Makubuswe, kujatshulwe; kepha lokhu akwenziwe ngaphansi kwesisekelo sokwazi, nolwazi oluyilo olwakhayo.

Izilwane zezwe lakithi kanye nemvelo kungamanye amgugu ethu okufanele kunakekelwa kahle. Lokhu kuyifa nengcebo yesizwe okufanele izizikulwane ngezizukulwane ngesikhathi esizayo zikufice. SiyiQembu leNkatha, siwethulela isigqoko amaciko ngemikhakha yawo eyehlukahlukene kwezomculo, ubuciko, bokulingisa, imidlalo yeshashalazi nokunye njalo njalo. Kungako sithula isigqoko sisithulela abantu abafana noMtwana omkhulu uMtwana uMagogo kaDinuzulu, uSolwazi uKhabi Mngoma, uSibongile Khumalo, ababhali o-D B Z no-C S Ntuli, baba u-Otty Nxumalo, izimbongi ezifana noBaba uDlamini inyosi yesilo, uGoqozile, uMzwakhe Mbuli, amaqembu omculo wesintu afana ne-Ladysmith Black Mambazo, iZulu Messengers, nabanye abaculi abaningi bakamaskandi abafana noThwalofu namaNkentshane, uMfazomnyama, Indidane, oMfiliseni Magubane nabanye abaningi, sithi, zinsizwa ezinkulu nezintombi ezinkulu, sinithulela isigqoko nonke. uMtwana wakwaPhindangene neQembu leNkatha bathi: Nenzekahle!

Sengiphethe Sihlalo, siyaphinda siyagcizelela ukuba uHulumeni makaqikelele ukuba imigubho yenyanga nosuku lwamagugu esizwe kungangenwa inhlese yezombusazwe, Mhlonishwa uNgqongqoshe. Uhulumeni ngowethu sonke siyizakhamuzi. Uma sigubha njengezwe, ngezindleko zemali yesizwe, asingaqhakambisi ubuqembu kepha masigubhe njengesizwe. Makukhuzwe ubuqembu bepolitiki ezinhlelweni zesizwe. Siyathokoza. (Translation of isiZulu speech follows.)

[Mr M KHAWULA: Hon Chairperson, and hon Deputy Minister. Respect, promotion and preservation of the national heritage of different cultures, is one of the fundamentals of the policy of the IFP. Out of all the parties in our national Parliament, the IFP is the only party which was named in an indigenous name - Inkatha. This is an indication of our commitment to this policy. Under the leadership of Dr N R Mandela as the president of the country in 1994, the first Minister of Home Affairs in the democratic government Prince M G Buthelezi (the president of the IFP), analysed and passed the new South African holidays of the democracy. Before the day of 24 September was celebrated in KwaZulu as King Shaka’s Day: Ilembe eleqa amanye amalembe ngokukhalipha. (King Shaka’s praise name.)In the democratic government, the Prince recommended that this day should be a national day for celebrating the national heritage. The guiding principle of these celebrations says- Unity in Diversity, which means that we are a united South Africa on the basis of our cultural diversity. In KwaZulu schools the Prince mandated the Department of Education and Culture to teach the subject of Ubuntu Botho. This subject was teaching about humanity, behaviour, origin as well as our culture.

This afforded the schools to have competitions which were called Cultural Competitions. This is still taking place in the KwaZulu- Natal schools. It was difficult when it was started because there were those with false teaching that the Prince was taking the country backwards because he dressed academics, teachers and school inspectors in amabheshu (Zulu traditional attire) which they regarded as something for barbarians. However, those who said that today are the ones who are clad in amabheshu and a shield.

We thank the Prince of KwaPhindangene and the Great King, “uBhejane odla abakayise” (Praise name.) for preserving the national heritage. It is because of this, that we are saying the announcement by the Department of Basic Education that Mandarin should be taught in our schools must be rejected. This is colonialism, it undermines our indigenous languages. As of now, the country must promote our indigenous languages so that they are at the same level as English. That is why the IFP applauds our sister, Dr Zinhle Nkosi, who wrote her doctorate thesis in isiZulu in 2011: As we speak, her Masters students are writing their thesises in isiZulu.

The IFP says even other academics of our country must take this good example from this lady. The IFP is not against the fact that our people and the youth of our country should enjoy themselves during the holidays. Nevertheless, it is disappointing to hear the changing of the theme of the Heritage Day to the National Braai Day. This does not teach well our countries but it misleads them. Let them celebrate and enjoy, but this must be done under the basis of knowledge, and proper knowledge that is building.

Our country’s animals and the nature are some of our legacy which are supposed to be taken care of. This is our inheritance and national wealth which should be preserved for our future generations. As the IFP we salute the artists for their different music genres, the dramatic arts, and the stage plays and many more, etc. That is why we salute the senior Princess, Princess Magogo the daughter of Dinizulu, Professor Khabi Mngoma, Sibongile Khumalo, the authors - D B Z and C S Ntuli, Professor Otty Nxumalo, The poets like Mr Dlamini, the King’s poet - Goqozile, Mzwakhe Mbuli, the traditional music groups such as the Ladysmith Black Mambazo, Zulu Messengers, and many other maskandi musicians such as Thwalofu namaNkentshane, uMfazomnyama, Indidane, Mfiliseni Magubane and many more. We say ladies and gentlemen, we salute you all. The Prince of KwaPhindangene and the IFP say: Well done!

In closing Chairperson, we are again emphasising that the government must make sure that the celebration month and national heritage day should not become a political issue, hon Minister. The government belongs to all of us as the citizens. When we are celebrating as a country, using the nation’s money, let us not promote a party but we must celebrate as a nation. Let stop party politics in the national programmes. Thank you.]

Ms M M NTULI (A MEMBER OF THE KWAZULU-NATAL ARTS AND CULTURE CONCIL): Ngibingelele ... [Greetings ...]

Ms M M NTULI: House Chair, hon members, fellow South Africans, ladies and gentlemen, it is a profound honour for me to represent the people of KwaZulu-Natal in giving a message on our Heritage Month. During this month, we celebrate our heritage and the diversity of our cultures as one people that are joined together by common desire of building a society that values Ubuntu, non-racialism and non-sexism.

Heritage only became meaningful to our people post a democratic dispensation in 1994, hence we had been brainwashed and deprived our own. We salute the ANC government who opened our eyes in this regard. Furthermore, September was declared a Heritage Month and it was never before.

We applaud all our artists who never gave up even in those dark days. Some were assassinated and others escaped to exile, hence their messages were felt.

This was witnessed by the late President Madiba, when addressing Heritage Day in Robben Island in the year 1997, and I quote:

It is a great joy for me that we can all come as free South Africans to Robben Island and even more that we are gathered to celebrate our joined heritage as a nation acknowledge this heritage and the context of our commitment to democracy, tolerance and human rights. In affirming a joined heritage in this place, we are reminded that our noble ideas were spurred even more by their long denial, that today’s unity is a triumph over yesterday’s division and conflict.

Kwaze kwaba nemfundisoze, kuthiwa abantu ababuthenge ubulungu babe amazimtiti (exempted) kuze kuthiwe abantu uma ngabe umuntu wakubo esehambile emhlabeni bangaphindi bakhulume ngaye, useyidimoni. Siphuma endaweni enjalo eyayingasiqhapheli ukuthi thina singobani. (Translation of isiZulu paragraph follows.)

[There was also propaganda, where people were told to buy exemption so that they would stop talking about their deceased person because he is regarded as a demon. We are from such an era where we were not recognised.]

Chairperson, we also bear in mind our history and heroism of our forebears who fought in the frontier wars against colonialism. We salute them for fighting social justice in opposition to apartheid and its policies of segregation. We celebrate our heritage and the need to preserve its values. It is in this regard that we must as part of celebrating our heritage, we pay due focus on our history and symbols of remembrance.

Sibonga uhulumeni ka-ANC ngokuseka zonke izinhlelo zamagugu esesithe uma sesivuleke amehlo sakwazi ukuthi siwalandele njenga laphaya KwaZulu-Natal sinemikhosi eminingi esiyenza ngokuhlanganyela noNdlunkulu, “ungangezwe lakhe”, uMkhosi woMhlanga; uMkhosi weSivivane; uMkhosi wokweShwama kanye neminye. (Translation of isiZulu paragraph follows.)

[We thank the government of the ANC for supporting the heritage programmes which we are now able to host in KwaZulu- Natal by having many ceremonies in partnership with the Zulu Royal Household, “great King”, such as the Zulu Reed Dance, uMkhosi weSivivane(the Heap of Stones), the Zulu King’s First Fruit and many more.]

At the advent of the democratic dispensation in South Africa in 1994, as we inherited a legacy that systematically relegated to the periphery of mainstream heritage management, any heritage resource belonging to previously oppressed groups of our society. The set of laws enacted from 1911 to the advent of democracy virtually entrenched these imbalances where only heritage resources belonging to the minority received preferential treatment.

South Africa gave birth to the rainbow nation emanating from embracing and respecting all those who live in it as per the Freedom Charter of which is the founding document of the ruling party, ANC. This signifies one nation many cultures aiming at the diversity of our country. Therefore, we value our culture tradition and beliefs and unity cohesion and nation building remains the fundamental core of our heritage.

It is common knowledge that monuments are in a sense about values of the people, whose sentiments are monumentalised for remembrance by such phenomenon. To illustrate this, studies conducted on the eve of our democratic state, painted a horrifying picture of heritage symbols and monuments that had been created and erected.

According to those studies, out of 4 000 national monuments erected, no less than 98% represented colonial and settler history. The remaining 2% consisted of natural heritage in the form of geological, archaeological rock sites.

These pictures Chairperson and the House, speaks of the legacy that we inherited in South Africa when democratic dispensation was ushered in 1994.

Monuments assist us as communities to monumentalise living heritage held by bearer communities of one kind or other. This therefore suggests that the living heritage held by previously oppressed groupings of our society in South Africa remains in danger of being forgotten. The new dispensation therefore affords us the opportunity to mobilise communities to take greater interest in identifying heritage resources, particularly living heritage held within such communities, and assist government in the promotion and preservation of the same. Our Constitution gives a solid and tremendous support to our heritage, for instance, the indigenous languages form part of the official languages of our country whereas in the past, they were not recognised at all. We were treated as foreigners in our own mother land for us to succumb in oppression languages.

Heritage sites are the most attraction for tourism and we hope that eventually relevant communities will fully benefit from them. Therefore, as the people of South Africa, we have a golden opportunity to work for the non-marginalisation of our indigenous knowledge systems, and our heritage in general, so that it is preserved for posterity. We must do so, bearing in mind our connectedness to the broader Africa and her people, that one day Africa from Cape to Cairo, we will be able to walk, speak and trade freely as one family for a good cause. It is upon our shoulders to strive for the best heritage ever and preserve it as the legacy for generations to come and moving South Africa forward. Ngiyabonga [Thank you] [Applause.]

Ms P C SAMKA: Enkosi, Sihlalo wale Ndlu. Mandicamagushe kuwe, Sihlalo, ndicamagushe kuSekela Mphathiswa wezoBugcisa neNkcubeko, ndicamagushe kumalungu ale Ndlu, ndithi makube chosi kuba hele, ndithi iinkosi mazithambe izicaka zivumile ngale nyanga yamagugu namafa ndithi umzi ontsundu, isizwe sikaPhalo sikaNtu, namhlanje sikule nyanga yamagugu sikhumbula apho sivela khona. Imbali isixelela kakuhle ukuba sisuka phi na kunye nale nyanga xa sithetha ngamafa kunye namagugu.

Le nto ke, Sihlalo wale Ndlu, indikhumbuze ukufika kuka-Sir George Grey ngowe-1858, efika kulaa mhlaba wakuCentane kwelaa phondo leMpuma Koloni apho le nto izithethe namasiko iphilwa khona. Wafika abantu bala mmandla wakuCentane bephila kukuzenzela, belima, befuya wathi kuba esazi ukuba isizwe esintsundu siphila sikholelwa kubantu abalele ukuthula, wangena ngesiko nesithethe satsho saphulukana nezinto ebesifudula siphila ngazo.

Loo nto iphinda indikhumbuze okaGabha uNtsikana mhla wayesemdudweni eprofetha esithi isizwe esintsundu size sincede singayamkeli imali, iqhosha elingenantunja, kodwa samkele iBhayibhile. Ezi zinto ziboniwe ngabantu abadala nabaprofethi ukuba kwakuthi xa sele sikhulelekile, xa kufanele ukuba sibuyele embo, ezi zinto zilahleke ezingqondweni zethu. Bazibona kwangaphambili. Namhlanje ke ndithi mandikhe ndiyichaphazele loo nto.

Ndivumele ndicamagushe kwakhona kongasekhoyo uSaba kaMbixane, iHlubi, iNgelengele, lakulaa mmandla wakwaBhaca, lona lathi lakubona ukuba eli siko lethu liyaphelelwa liyaphangalala walilanda phantsi ngenkqubo ethi Lavuth’ ibhayi. [Uwelewele.] Loo nto ibonisa ukuba inde indlela esiyihambileyo kwaye isende nendima ekusafuneka siyidlale, ingakumbi ngale nyanga esithi yinyanga yamafa namagugu.

ILUNGU ELIHLONIPHEKILEYO: Ne-DA iyavuma.

Ms P C SAMKA: Mandizisondeze kuwe, Sekela Mphathiswa, ...

Ms T G MPAMBO-SIBHUKWANA: Ndakunyathela,sisi, ...

Ms P C SAMKA: ... ndigxininise kakhulu kwizinto ebesifudula siphila zizo kwesi sizwe ...

Ms T G MPAMBO-SIBHUKWANA: Asingcangcazeli, asinangevane.

Ms P C SAMKA: Ndicela ukukhuselwa, Sihlalo. (Translation of isiXhosa paragraphs follows.)

[Ms P C SAMKA: Thank you, House Chairperson. Let me salute you, Chairperson, and salute the Deputy Minister of Arts and Culture and members of this House, and say best regards; all protocol is observed. On this the heritage month I say that as the black nation, descendants of Phalo, of Ntu, we remember our origins. History tells us exactly where we come from, as we talk about heritage in this month.

This, House Chairperson, reminds me of the arrival of Sir George Grey in 1858, in Kentane in the Eastern Cape where people live the customs and traditions. He found the people of Kentane to be self-sufficient, growing their own food and keeping livestock, and because he knew that the black nation believed in ancestors he used that to deprive us of our way of life.

This also reminds me of Ntsikana, the son of Gabha, the day he had a vision about the future at a traditional ceremony and advised the black nation not to deal in Western money in future but to rather accept the Bible. It was prophesied by the elders and prophets that after liberation, when we are about to go back to our roots, these things would slip our minds. These things were foretold. Today I felt I should mention this.

Allow me again to salute the late Saba Mbixane of the Hlubi, Ngelengele clan from the Bhaca area who, when he realised that our traditions were dying, revived them through the programme Lavuth’ ibhayi. [Interjections.] This shows that we have come a long way but still have a lot to do, particularly during this month that we call the heritage month.

An HON MEMBER: The DA also agrees.

Ms P C SAMKA: Let me come closer to you, Deputy Minister, ...

Ms T G MPAMBO-SIBUKWANA: I will crush you, lady, ...

Ms P C SAMKA: ... and lay more emphasis on things that used to sustain us ...

Ms T G MPAMBO-SIBUKWANA: We are not shaking; we are not fearful.

Ms P C SAMKA: May I be protected, Chairperson.]

The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon members, order! Hon members, let us not at any stage drown the speaker.

Ms P C SAMKA: Ndiyabulela, Sihlalo wale Ndlu. Uza kuphawula, Sekela Mphathiswa, ukuba abantu bakudala bebesithi ukuze bafumane impilo engcono baphile ngokusebenzisa ukutya kwesiXhosa. Bekulinywa umbona uze uthathwe ufakwe eziseleni ube lihasa ukuze kuthi kwakufika ixesha lasebusika nelendlala kuyiwe eziseleni kuthathwe umbona obizwa ngokuthi lihasa.

Ms T G MPAMBO-SIBHUKWANA: Ewe, unyanisile.

Ms P C SAMKA: Ihasa ke ngumbona apha onevunjana ...

Ms T G MPAMBO-SIBHUKWANA: Ixesha lemidumba.

Ms P C SAMKA: ... umbona apha ongaqhelekanga ngenxa yokuba babezinge kwinto yokuba kufuneka batye ukutya okunempilo. Ubuthi wakungaphili, ookhokho noobawomkulu bebesinika imihlonyane namaqwili. Sasinyangwa ukuze umkhuhlane ukhawuleze uphele.

Ms T G MPAMBO-SIBHUKWANA: Oonkonkonko.

Ms P C SAMKA: Kuthe kwakufika aba bandlebe zikhany’ ilanga, sayilibala loo nto kuba batshintsha izinto ...

Ms T G MPAMBO-SIBHUKWANA: Kusetyenziswa ii-antibioics ngoku.

Ms P C SAMKA: ... yatshintsha into ikhala lafakwa ebhotileni, into ebesifudula siyisebenzisa xa umntu elimele, Mam’ uZwane, ngemvume yakho, Sihlalo. Ubusithi xa ulimele ikhala lifakwe apha enxebeni njengelinxeba ndinalo. Ndathi ndakulimala kwathathwa ikhala lafakwa apha enxebeni. Zange ndiye esibhedlele kodwa ndaphila kuba babesebenzisa ubugcisa nobuchwephesha ababenabo ngelo xesha.

Yiyo le nto ndiza kuma apha ndisithi makhe sibuyele embo sijonge into yokuba ezaa ngcambu sasizisebenzisa zingenza ntoni na ukuze siguquke sikwazi ukusebenzisa izinto ebesifudula sizisebenzisa ngaphambili.

Ms T G MPAMBO-SIBHUKWANA: Ikhala. Phezu kwabo.

Ms P C SAMKA: Ndivumele kwakhona, Sihlalo wale Ndlu, ndikhe ndithethe ngentonjane.

Ms T G MPAMBO-SIBHUKWANA: Embo.

Ms P C SAMKA: Sekela Mphathiswa, ubuthi xa ufikelela kwixabiso lobuntombi – xa uyintombazana ubunendlela yokuhlala. Ubungahlali esitulweni, ubuhlala phantsi uzisonge, uzibumbe. Loo nto ibincedisa ekubeni uzazi ngoku ukuba undawoni na kwaye kumele wenze ntoni na xa uyintombazana. Bekude kufike nexesha lokuba ufundiswe, unikwe isikolo ngabazali uhleli ekhukweni.

Yiya eLimpopo. Uza kufumanisa ukuba kukho umthana obizwa ngokuthi ngumoringa. [Uwele-wele.] Ukuba uyawazi umoringa, uyaphilisa. Uyancedisa emntwini ongathathiyo. Baza kuthi nqa ke abantu abaninzi kule Ndlu ukuba xa ndithetha ngokuthatha ndithetha ngantoni na. Umama ongakwaziyo ukuba afumane abantwana, eLimpopo kusetyenziswa laa mthi umoringa ukwenzela ukuba ukwazi ukufumana abantwana. Ezo zinto namhlanje, Sihlalo wale Ndlu, sizilibele kuba sihambe nezinto zasentshona. Silibele imbali yethu nokuba sisuka phi na. [Kwahlekwa.] [Uwele-wele.] Kuza kubaluleka ke ... (Translation of isiXhosa paragraphs follows.)

[Ms P C SAMKA: Thank you, House Chairperson. You will notice, Deputy Minister, that in the olden days people used to take traditional Xhosa food for good health. They used to grow maize and then put it in grain-pits where it changed form and became what is called “ihasa”, which would be used in winter or during drought.

Ms T G MPAMBO-SIBUKWANA: Yes, you are right.

Ms P C SAMKA: Indeed “ihasa” is a bit smelly ...

Ms T G MPAMBO-SIBUKWANA: The time for pod-bearing plants.

Ms P C SAMKA: ... a kind of uncommon maize. They used it because their aim was to eat healthy food. When you fell ill our great grandmothers and great grandfathers would give you a solution of wormwood and of Alepidea amatymbica. We were given treatment to cure the flu fast.

Ms T G MPAMBO-SIBUKWANA: And whooping cough.

Ms P C SAMKA: When white people came, and we forgot all that because they changed things ...

Ms T G MPAMBO-SIBUKWANA: They use antibiotics these days.

Ms P C SAMKA: ... and aloe was bottled, something we used to use for injuries, Ms Zwane, with your permission, Chairperson. When you had a wound, just like the one I had here, aloe would be squeezed into the wound. When I suffered an injury aloe was squeezed into the wound. I never went to hospital but I got healed because they used science and technology they had at the time.

That is why I say let us return to our roots and to the things we used in the olden days.

Ms T G MPAMBO-SIBUKWANA: The aloe. On them!

Ms P C SAMKA: Allow me again, House Chairperson, to talk about the traditional transition rite for girls.

Ms T G MPAMBO-SIBUKWANA: Back to the roots!

Ms P C SAMKA: Deputy Minister, when you reached a certain age as a girl, you had a proper way of sitting. You would not sit on a chair but on the floor, and curl your legs under you. This helped you to know your status and what is expected of you as a girl. A time would come when you would be taught by your parents whilst seated on a grass mat.

Go to Limpopo, you will find there a tree called Moringa. [Interjections.] It has healing qualities. It helps women to conceive or “take”. Many people in this House will wonder what I am talking about when I talk about “taking”. I am talking about a woman who cannot conceive. In Limpopo they use the leaves of that tree to help women conceive. Today we have forgotten about such things, House Chairperson, because we have moved to Western things. We have forgotten about our history and our origins. [Laughter.] [Interjections.] It is important ...]

The HOUSE CHAIRPERSON (Mr A J Nyambi): Order, members! Order!

ILUNGU ELIHLONIPHEKILEYO: Hayi abantu bayaphila, Mama, ngenxa yawo.

Ms P C SAMKA: Kuza kubaluleka ke, Sekela Mphathiswa, ukuba amagqirha namaxhwele ancediswe ekubeni siphindele kwiingcambu, amasiko nezithethe ukuze ezi zinto zenzekayo ngoku kweli xesha sikulo, apho umntwana uza kufika ekhomba umntu omdala. Imbeko imkile; ubuntu busukile kuthi. Ithi ke ngoko le nto masikhe sibuyele embo, sijonge ukuba sone ndawoni na kwaye yintoni ekufuneka siyilungisile. Masikhe sibize amaxhwele, njengokuba ubusele utshilo, sibize wonke umntu kuhlalwe phantsi sikhe sicamagushe sijonge ukuba leliphi na ichiza esinokulisebenzisa elingenza ukuba esi sizwe sintsundu sibuyise imbeko nobuntu. Kwakhona, sijonge ukuba esi sizwe saseMzantsi Afrika, wonke ummi walapha, sidibene ngokubanzi, yintoni na esinokuyenza. Apha sithetha ngeentlanga ezikhoyo apha eMzantsi Afrika. Singenza njani na ukuhlangabezana nako konke esikubona kusenzeka singaphindi sidibane nako kwixesha elizayo.

Le nyanga ibaluleke kakhulu kuthi. Njengokuba nithe nasikhweba nasimemela kule Ndlu, sibe sonke sinxibe ngoku hlobo. [Uwele-wele.] Ophuma KwaZulu-Natal anxibe isiZulu aze ophuma emaMpondweni anxibe isiMpondo, ophuma eLimpopho anxibe eyakhe attire, ngokwalaa ntetho yasemlungwini, ukuze olu suku lubonakale ukuba siyalubhiyozela, siyaluphila, siluva ngaphakathi, asiyiyo into elapha emilebeni. [Kwaqhwatywa.]

ILUNGU ELIHLONIPHEKILEYO: AbaseNtshona Koloni bona baza kunxiba njani, Mama?

Ms P C SAMKA: Kwakhona, Sihlalo wale Ndlu, ndifuna ukucela umngeni kunobhala wale Ndlu yoWiso-mthetho kunye nooSihlalo bale Ndlu, le nyanga makhe siyihloniphe.

ILUNGU ELIHLONIPHEKILEYO: Siyihloniphile, Mama.

Ms P C SAMKA: Makhe siyihloniphe le nyanga. Sitye ntoni namhlanje, Sihlalo?

ILUNGU ELIHLONIPHEKILEYO: Umngqusho.

Ms P C SAMKA: Sitye ntoni namhlanje, Sihlalo?

Ms T G MPAMBO-SIBHUKWANA: Sitye ntoni?

Ms P C SAMKA: Luphi ulusu?

Ms T G MPAMBO-SIBHUKWANA: Uphi umqa?

Ms P C SAMKA: Uphi umngqusho? Uphi umqa? Ziphi iinkobe? Aphi amarhewu?

Ms T G MPAMBO-SIBHUKWANA: Uphi umphokoqo?

Ms P C SAMKA: Ndifuna ukuthi ke kokaPhindela, makhe kuthi xa sibhiyoza ngale nyanga kwixesha elizayo sijonge ukuba yintoni na enokwenziwa ukutshintsha imeko le sikuyo ukuze yonke le nto kubonakale ukuba siyayiphila, yinto esiyaziyo, yimeko esisuka kuyo. [Uwele-wele.] [Kwaphela ixesha.] (Translation of isiXhosa paragraphs follows.)

[An HON MEMBER: Yes, ma’am, people get healed because of it.

Ms P C SAMKA: It is important, Deputy Minister, that sangomas and traditional healers are helped so that they can help us return to our roots, customs and traditions. Things that are happening these days, where you find a child pointing at an older person, show that there is no respect anymore; we have lost ubuntu. This means therefore that we need to find out where we went wrong and what is it that we need to fix, so that we can return to our roots. Let us call together traditional healers, like you said, and everyone else so that we can sit down and make a peace offering to the ancestors and see what is it that we can do to restore respect and ubuntu to the black nation. Furthermore, as all the citizens of the country, together, we should also consider what we can do to fix things. We are talking here about all the races in South Africa. What can we do to right all the wrongs that we see, so that they do not happen again in future?

This month is very important to us. Because you invited us to the House, we are all dressed like this. [Interjections.] Everyone from KwaZulu-Natal should be dressed in Zulu traditional attire, everyone from Pondoland in Pondo traditional attire and everyone from Limpopo in his or her traditional attire so that it can be clear that we are celebrating and living this day, and not just paying lip-service to it. [Applause.]

An HON MEMBER: How are People from the Western Cape going to dress, ma’am?

Ms P C SAMKA: Again, House Chairperson, I want to challenge the secretary to the National Assembly and the House Chairpersons that we should respect this month.

An HON MEMBER: We respect it, ma’am.

Ms P C SAMKA: Let us respect this month. What did we have for lunch today, Chairperson?

An HON MEMBER: Samp.

Ms P C SAMKA: What did we have for lunch today, Chairperson?

Ms T G MPAMBO-SIBUKWANA: What did we have?

Ms P C SAMKA: Where is tripe?

Ms T G MPAMBO-SIBUKWANA: Where is stiff pap?

Ms P C SAMKA: Where is stiff pa? Where are cooked maize grains? Where are mageu?

Ms T G MPAMBO-SIBUKWANA: Where is dry crumb mealie-meal porridge?

Ms P C SAMKA: I want to say to Adv Phindela, can we, when we celebrate this month next time, do it in such a way that it is a true reflection of what we know, where we come from? [Interjections.] [Time expired.]]

Mr S K MASHILO (Mpumalanga): Hon Chairperson, Deputy Minister and hon members of the House. Indeed it is without doubt that South Africa is universally known as a constitutional state with a purpose to advance human freedom from the rights-based approach. This was further expressed by the ANC-led government’s recognition and declaration that September is a heritage month.

From a point of reflection, it is of paramount importance, as we align ourselves based on our aspiration, not to forget the diversities which are visible in this country. Our approach, based on social cohesion, is further expressed in our Constitution more precisely in the Bill of Rights Chapter 2 section 9 which is commonly known as the equality clause. Such a clause should not be viewed or analysed at a superficial level since its premise from our constitutional obligation not to discriminate on the bases of culture, linguistic etc.

Heritage is an embrace based on common understanding and tolerance.

NgesiZulu bathi indlela ibuzwa kwabaphambili. [In isiZulu they say you learn from those who have gone before you.]

It simply means, before we undertake any journey, we must remember who we are, where we come from and learn from those who have gone before. I have asked myself the same question, why an honourable and learned colleague here did not mention people such as Verwoerd and P W Botha. Instead she chose to mention the tenth president of the ANC, Nelson Mandela. Let me quote what Mandela said,

When our first democratically-elected government decided to make Heritage Day one of our national days, we did so because we knew that our rich and varied cultural heritage has a profound power to help build our new nation.

All of us agree that the ANC came into power in 1994 and declared September as a heritage month for the people of South Africa. It was celebrated by the Zulu people, as it was mentioned earlier, as Shaka Day. However, it did not accommodate all of us since we had declared September a month of heritage to all of us. The question we musk ask ourselves is whether we, as the people of South Africa, are doing as the ANC so reflected?

The current government is premised on the idea of reconciliation where it is pronounced in the government’s monitoring and evaluation framework. One of the outcomes which is extremely linked to the heritage in social cohesion - we should at all times reflect the Freedom Charter where it says, “The doors of learning and culture shall be opened.” Our emphasis and focus should be on education where we instil and inculcate a culture of sourcing knowledge where our country does not lose track of its past, present and the future.

It further states that the aim of education shall be to teach the youth to love their people and their culture as it has been reflected earlier by my colleague who demonstrated how our culture has been practiced in the past. To honour human brotherhood, liberty and peace, one cannot begin to articulate liberty and peace without firstly dealing with our heritage and cultural diversities. This is further expressed in our constitutional laws and prescripts.

The government further acknowledged that the colour bar on cultural life in sport and education shall be abolished and indeed it was abolished. The previous dispensation education, as an example, was fragmented based on race, social identity and one level in the system of social stratification. This to a certain degree has not been dealt with and as such it should be promoted and preserved.

Living heritage plays a significant role in promoting cultural diversity, social cohesion, reconciliation, peace and economic development. In every community we have living treasures that possess a high degree of knowledge, skills and history pertaining to different aspects of diverse living heritage. As the ANC-led government and as part of advancing the social cohesion outcome, it is necessary to engage the elders so that we acquire knowledge about our culture and traditions. I have no doubt that members of the ANC including the members that are here in Parliament like the member that spoke before, they possess that knowledge. It is therefore important to reclaim, restore and preserve our heritage to address the challenges communities are facing today.

Once more, we must ask this question, what is heritage? Heritage can be defined as knowing who you are in terms of your culture including your traditional attires. We must congratulate all members who today understood the meaning of this heritage month and dressed in their cultural attires. Once more congratulations Members of Parliament.

We must also understand the issue around dancing. For example, Tsonga people wear xibelana when they dance; we must understand what xibelana is all about. We can’t go there and take photos as other nationalities, but we must all dress in our own cultural attires so we can be seen how we are when we are practicing our different cultures. When it comes to the issue of cooking, braai was perceived as a heritage activity as Heritage Day meant braai day to some. We need to cook our different traditional meals as it has been mentioned earlier. The question has been asked and it requires answers.

Above all, our culture and heritage must address the issue of respect which has been the key factor – respect, respect, respect in isiZulu we call it “Inhlonipho”. An adult person remains an adult, how intelligent or how educated you are will never make you an adult to a person who is a senior to you. Demonstrate indigenous knowledge of what and how we have been doing things in the past for us to live as we do today.

We must not at any stage confuse heritage with politics, heritage cuts across political spectrum; black, white, Indian, coloureds and in particular the Khoi and the San who are the aboriginal people of South Africa who have lived for millennium. As we celebrate heritage all the time we must make sure that we understand it to its totality.

We must educate our children about the national anthem and how it is sung in South Africa and the meaning of the national flag. The ANC-led government brought democracy in 1994 and produced the current national flag. We must explain all these in details. We must also teach them about the national coat of arms so that they understand what is expected of us.

Indeed, South Africa belongs to all those who live and work for it as demonstrated in the Freedom Charter. Thank you very much.

Moh N P MOKGOSI: Modulasetilo, ke rata go dumedisa balwantwa le Aforikaborwa ka bophara. Motl Stock, ke a go lebogisa ka go apara lesela la bokhate, ke solofela gore le nna fa ke ka e apara go ka se nne le se se tla buiwang. [Setshego.] Setswana sa re, gaabo motho go thebe phatswa. Fa ke bua jaana, ke rata go raya maaforikaborwa ke re ba ikgantshe ka puo ya ya ga mme.

Fa maloko a ANC a tla go bua fano, a a re tlhodia a ntse a re, nywee-nywee-nywee ka Freedom Charter. Seno se a re tena e bile se re ferosa dibete gonne dilo tse ba di buang, ga ba di dire. Re batla go bona ditiro, ga re batle go utlwa thero e lo sa e diragatseng.

(Translation of Setswana paragraphs follow.)

[Ms N P MOKGOSI: Chairperson, I would like to greet the fighters and South Africa in general. Hon Stock, congratulations on wearing jeans, I hope that it will not be a problem if I too decide to wear them. [Laughter.]In Setswana we say, home is where the heart is. Having said that, I would like to appeal to South Africans to be proud of their mother tongue.

When members of the ANC come to the podium, they make a noise; all you hear is blah blah blah Freedom Charter. This is disgusting and working on our nerves because what they say and do are total opposites. We want job creation; practice what you preach.]

Mr T C MOTLASHUPING: Chairperson, I understand the Setswana language, nywee-nywee-nywee is derogatory and if we say nywee-nywee-nywee about ... [Interjections.]

Ms N P MOKGOSI: E seng kwa Gamotlharo. [Not in Ga-Motlharo.]

The HOUSE CHAIRPERSON (Mr.A J Nyambi): Hon Mokgosi, allow him to explain; I will thereafter make a ruling.

Mr T C MOTLASHUPING: All I’m saying is that, you can refer to Hansard in order to get the meaning of nywee-nywee-nywee! It means that we are not telling the truth and honestly interpreting what the Freedom Charter espouses. Therefore, I would like the hon member to withdraw the utterance of nywee-nywee-nywee!

Ms N P MOKGOSI: Seo o ka se ka wa se bona! [Over my dead body.]

The HOUSE CHAIRPERSON (Mr.A J Nyambi): Hon Mokgosi!

Ms N P MOKGOSI: Hon Chair!

The HOUSE CHAIRPERSON (Mr.A J Nyambi): In terms of the acceptable parliamentary language, please refrain from and withdraw what you’ve said! It is unparliamentary to say what you have said, Therefore, I am asking you to withdraw and continue with your speech!

Ms N P MOKGOSI: Chairperson, if you maycan allow me to interpret the utterance of nywee-nywee-nywee in Setswana, it means ...

... hehehe! Ke Setswana sa kwa Gamotlharo sa kgalemo. Rre o fetolela puo ena ka Setswana sa kwa Bokone Bophirima. Setswana se ke se buang, ke Setswana sa kwa Kapa Bokone. Kwa Kuruman, kwa Gamotlharo, fa motho a re nywee-nywee-nywee, ga a bue ka se Motl Motlashuping a fetsang go se tlhalosa. Jaanong, ke kopa gore o latele Hansard gape o ye kwa Gamotlharo, kwa Batswana bat eng bat la go fang tlhaloso ya lefoko lena. (Translation of Setswana paragraph follows.)

[... hehehe! That is how we reprimand in Setswana in kwa Gamotlharo. The hon member is translating in the dialect of the North West province whereas mine is from the Northern Cape. In Kuruman, at Gamotlharo when a person makes utterances of blah blah blah, he does not imply what hon Motlashuping has explained. Now, please consult the Hansard and visit Gamotlharo; Batswana people there will give you the meaning of that word.]

The HOUSE CHAIRPERSON (Mr A J Nyambi): Order members! Let me make this ruling! I will have to satisfy myself and get a correct interpretation from Hansard; I will then come back at a later stage or oin another day to make a proper ruling about this. Please continue with your speech!

Ms N P MOKGOSI: Colonialism and apartheid, Iin order to achieve complete subjugation of the African people and to take control of the resource richness of this country, colonialism and apartheid first had to destroy the culture and heritage of the African people. They demonised our belief systems, desecrated on our names, mocked our languages, annexed our land and they forced us into wage labour so that each and every aspect of African life would be dependent on them.

The struggle for national liberation was not merely for us to walk freely without being harassed by the animalistic white police of the apartheid regime, nor for us to drink expensive whiskey and play golf, as the newly installed ANC Youth League leadership has claimed.

The struggle was for the reclamation of our African personality in its entirety, for the destruction of all the sick and inhumane tendencies that were brought about by the settler communities; the struggles was for the uprooting of all the greed introduced to this country by the descendants of Europe; to rid the country of all the oppression that is essentially a European tendency; to do away with the culture of murder and plunder that are synonymous with the development of Europe and the white race; and to re-create a society where people would be valued just for being people.

It was for these reasons that Hintsa and Maqoma were killed; it was for this struggle that Bhambatha led his men to battle, Anton Lembede, Robert Sobukwe, Nokutela Dube, Sol Plaatjie, Steve Biko, Winnie Mandela and many others fought and sacrificed their lives for, these ideals of national liberation. How sad it is then, that today, 21 years after the state power has moved from a white repressive regime to black hands, no significant transformation, as envisioned by the forebears of our liberation struggle, has taken place.

Rather, we have seen under the ANC-led government, we have seen further entrenchment of the culture of oppression that black people fought against. We have observed that in thoughts and deeds, the ANC has become true descendants and guardians of a white culture of stealing, killing and elite enrichment.

Ms L C DLAMINI: Chairperson, I’m standing on a point of order that, we cannot allow the racist utterances ... [Interjections.] like white killers, especially during this day.

The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mokgosi, please refrain from utterances that will be viewed or interpreted as unparliamentary! Continue, hon member!

Ms N P MOKGOSI: Okay, thank you Chair! As a result of their evil and criminals deeds, their descendants still own more than 80% of South African land; they still control over 90% of the country’s economy;, and their languages are still dominant in both the public and the private sector.

Mr G MICHALAKIS: House Chair, on a the point of order: of the hon member, the statement of the speaker is quite offensive. Therefore, apart from just asking that she should refrain from making those racist statements, she should also, actually to withdraw the racial statements that she has already made. Please!

Ms N P MOKGOSI: I’m a black person. How can I be racist?

The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mokgosi, there is no way that you are going to respond by addressing him! You have to speak through me! Hon members, let me stick to the earlier ruling that, I will satisfy myself by referring to Hansard because, if not, we will end up not achieving what we have intended to achieve today. Please continue with your speech?

Ms N P MOKGOSI: The universities are still centres of the continuation of the culture of theft and murder that the former oppressors instilled, with the University of Stellenbosch and the University of the Free State under the leadership of Uncle Tom Jonathan Jansen, leading the fray.

Mr J J LONDT: Chair, I would also appreciate if you can check in the Hansard because, we have a problem in South Africa that too many people across all racial lines still play the race card. What the hon member has just said now, that black people cannot be racists, that in it should be withdrawn. You can check the Hansard or make a call, but everybody in South Africa should pay special attention toabout how they talk and the examples they set.

The HOUSE CHAIRPERSON (Mr A J Nyambi): No, hon Londt, I have already made a ruling that we will come with a proper ruling about it.

Mr J J LONDT: This is a second point.

The HOUSE CHAIRPERSON (Mr A J Nyambi): Yes! Continue, hon Mokgosi!

Ms N P MOKGOSI: Under the ANC-led government, we have seen the institutionalisation of the vilest of these tendencies that are the culture and heritage of white colonisers and thieves. We have seen the ANC normalising corruption to thean extent that they will defend the theft of public money by their leader for the construction of his own private paradise; the same leader who, to this day ... [Interjections.]

Mr T C MOTLASHUPING: Chair, I just want to understand if the hon member is prepared to take a question and to ask if she understands the ANC ... [Interjections.]

The HOUSE CHAIRPERSON (MrA J Nyambi): No, no! Hon Motlashuping, let’s first ascertain if she is ready to take that question. Don’t go on and ask the question ... [Interjections.]

Mr T C MOTLASHUPING: I would appreciate it if the fact that she can takes thea question.

The CHAIRPERSON (Mr A J Nyambi): Hon Mokgosi, are you ready to take a question?

Ms N P MOKGOSI: The answer is a big no with capital letters!

The CHAIRPERSON (Mr A J Nyambi): She’s not ready to take your question! You can continue, hon Mokgosi!

Mr S G MTHIMUNYE: Chair, after many speakers have stood up on a point of order on the basis of the language the hon speaker is using and, secondly, the kind of the choice of derogatory words that she continues to use -, from where I’m standing -, even after you have made a ruling, she continues to use the derogatory language which in my view, constitute contempt in this House and therefore, borders on the decorum of the House ... [Interjections.]

The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mthimunye, I haven’t come with that ruling after going through Hansard. Let’s allow her to continue with her speech!

Ms N P MOKGOSI: What we have in this country at this moment is a continuation of a culture and heritage of those who, not so long ago, viewed us as savages. This Parliament is a continuation of that culture and heritage, with its propensity to use violence to solve differences in opinion. There is no genuine African heritage we can be proud of, that is as a result of anything done by the ANC after 1994.

However, despite all of this, the African people are a resilient bunch thatwho refuses to be decimated by the ANC and the handlers who are the white supremacists. O0ur people are forging ahead in redefining a culture and heritage they can be proud of. They have realised that this culture and heritage would never see the light of day until the African people finally defeat the evil demon of apartheid and capitalism, by taking over ownership and custodianship of our land, minerals and all the wealth of this country.

Our people know that the only real opportunity for reclaiming that, which they’ve lost, lies in the EFF. We shall reclaim our land and; that is a promise. Watch this space! Through it, we shall reclaim our culture and heritage. The ANC is wholly incapable of changing the situation and despite all this ... [Interjections.] [Time expired.]

Setswana sa re, mo botshelong jwa gago, o se ka wa tsamaya o nyela didiba! [In Setswana we say, in your life, don’t bite the hand that feeds you.]

Mr D STOCK: Hon Chairperson, hon Deputy Minister, hon Chief Whip, distinguished guests, ladies and gentlemen, as we mark the 71st anniversary of the ANC Youth League we need to bear in mind and remind ourselves about the human rights culture that was contained in the African Claims of 1943, the courageous stand that was taken by the determined mineworkers of 1946, the unity and action that was followed by the Doctors’ Pact of 1947, the fearless courage and selfless volunteerism that inspired the Defiance Campaign of 1952, the collective action and mass mobilisation that formed part of the campaign of the Congress of the People in 1955 and the discipline and the courage, the fearless determination that galvanised the women’s march to the Union Buildings in 1956. All these gave rise to the conviction that collective action was a necessary condition for the success of our struggle.

This was the foundation for the set of values and principles that became a force for our unity and cohesion. And this is the living heritage that we must at all times reclaim, restore and celebrate. It was the ideas, the memories, the songs and the meanings of the era of our national democratic struggle that inspired the United Democratic Front, UDF, of the 1980s through their slogan “Apartheid Divides, the UDF Unites” which was an echo of the values and principles that brought together and united the people of different races and classes from across the lengths and breadths of the country.

It was the values based on the idea that the people are their own liberators, that only the people acting together can tear apart their own foundations through the apartheid regime and that the struggle to build the new South Africa must be people-centred, people-driven and gender-sensitive.

Many lessons can be learned from the experiences of our forefathers and elderly people including the struggle icons who remain our living heritage. Addressing the United Nations in 1976, the President of the ANC, O R Tambo at that time spoke about the contributions of the student upraising in helping to free South Africa. In the same speech he projected the vision of the ANC for the future. It is precisely because of our commitment to create and advance the freedom for all and an inclusion of the better life for all through the ANC-led government.

In 1994, which is now 21 years ago, we demonstrated to the world that it was possible to walk away from divisions and hatred and build a new nonracial, nonsexist, democratic and prosperous society. In that way South Africans laid a firm foundation for a better future by working together towards the passing of the progressive Constitution which is the supreme law of the Republic.

This year’s theme around the Heritage Day speaks to our painful history of the past. One of the powerful weapons of colonialism and apartheid was to control the production and reproduction of knowledge about the past of indigenous communities and to deny them a place in the history as people who rightfully belonged to this land. For this reason the struggle for liberation and freedom that was waged over the past three centuries was not just about political freedom, it was also about social, cultural and economic freedom.

We are doing away with colonial names in the different provinces throughout our country because most of these colonial names are actually meant to insult and denigrate our people. We still have areas which, for example, are called Kaffirsfontein. We still have names like that. So, it is important, through the ANC-led government that we must continue to do away with such denigrating names.

Amongst the visible aspects of our heritage, are our popular national symbols and our colourful rainbow national flag which was unveiled on 20 April 1994 and which continues to instil pride whenever we see it flying anywhere in our country or the world. The coat of arms not only pays homage to some of the oldest inhabitants of our land and their languages, but it also expresses an ideal that is central to our national identity, namely, unity in diversity. [Interjections.] When Nelson Mandela was released from prison to walk free we sang songs of joy.

The hosting of the Square Kilometre Array project in the Northern Cape bears testimony to the progress we are making as a nation in the field of science. Many people across the country and the world have descended to our shores to witness and learn from this great heritage of humanity. It is of paramount importance that we have to defend our legacy not only against the pretenders, the red overalls who want to claim easy victories by purporting to speak for our past generations without earning their stripes in the battlefield.

The liberation struggle has taught us that the impossible is possible. Despite the odds, we have learned that achieving a desired goal takes time, enormous commitment and courage, and we have also learned that as long as inequality exists, our work is not done. The ANC-led government must continue with the good work that they are doing through the advancement of a united South Africa, through unity in diversity and by celebrating that we are all children of the African soil.

Earlier on, the hon member of the DA by the name of hon Mpambo-Sibhukwana came to the podium and distorted the history of the ANC. [Interjections.] I think I must take this opportunity to condemn it in the highest possible terms. She does not have a right to distort the history of the ANC; secondly, she came to the podium and spoke about the contribution of Nelson Mandela in the struggle for freedom. [Interjections.]

Ms T G MPAMBO-SIBHUKWANA: President Mandela belongs to all of us. [Interjections.]

Mr D STOCK: But she did not make mention that the same Nelson Mandela whom they regard as the world icon, belonged to the ANC. [Interjections.]

Ms T G MPAMBO-SIBHUKWANA: He belonged to all of us! [Interjections.]

Mr D STOCK: Irrespective of how painful telling the truth can be ... [Interjections.]

Nks T G MPAMBO-SIBHUKWANA: NdinguMadiba mna, ndinguMaDlomo. [I am Madiba, I am Dlomo.]

The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon members, order! [Interjections.]

An HON MEMBER: They must claim Helen Zille! [Interjections.]

Mr D STOCK: Irrespective of how painful telling the truth can be, but we must always do it. [Interjections.] For her to come and stand here and distort the principles and the values which Nelson Mandela stood for, is unbecoming and is actually misleading this House. Nelson Mandela never ... [Interjections.]

The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Stock, hon Stock, sorry! [Interjections.]

An HON MEMBER: She must claim Helen Zille, son, tell her! [Interjections.]

Ms T G MPAMBO-SIBHUKWANA: Hon Chair, on a point of order.

The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mpambo-Sibhukwana. [Interjections.]

The HOUSE CHAIRPERSON (Mr A J Nyambi): Yes, hon member, what is your point of order?

Ms T G MPAMBO-SIBHUKWANA: Hon Chairperson, my point of order is that: I just want to tell hon member Stock that, I belong ...

... ndinguMaDlomo mna, uMadiba. [... I’m MaDlomo, Madiba.]

I belong to the clan.

Yena andimazi nokumazi ngobuTswana bakhe. Mna ndinguMaDlomo, uNgqolomsila, iNgelengele, iHlubi mna. Alingxengwanga igazi lam, mna ndingumntwana wegazi. [I don’t know him of being Tswana. I am MaDlomo, Ngqolomsila, Ngelengele, Hlubi. I have royal blood.]

The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mpambo-Sibhukwana can you take your seat! Hon Mpambo-Sibhukwana, can you take your seat! Let me make a ruling. Take your seat. Take your seat! [Interjections.]

An HON MEMBER: That is confirmed, she is MaDlomo ... [Interjections.]

The HOUSE CHAIRPERSON COMMITTEES AND OVERSIGHT (Mr A J Nyambi): That is not a point of order. Continue, hon Stock. [Laughter.]

Mr D STOCK: The same Nelson Mandela the hon member spoke about earlier on is the one whom I said is being regarded as the world icon today because of the fact that he belonged to the ANC. She was afraid to tell us that particular fact that the same Nelson Mandela belonged to the ANC.

The third point which I need to correct as part of the distortions and the sound bites she made from this podium is the fact that she creates an impression as if Nelson Mandela stood against the principle of nonsexism. Nelson Mandela was a principled architect of nonracialism, nonsexism and in his entire life he fought for unity and liberation. [Interjections.] Now, one example of the things that we must actually condemn is, Nelson Mandela never fought for ... [Interjections.]

The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Stock, excuse me. Hon Masango.

Ms B S MASANGO: Hon Chair, on a point of order.

The HOUSE CHAIRPERSON (Mr A J Nyambi): What is your point of order?

Ms B S MASANGO: Hon Chair, my point of order is that: I would like to know if the hon member can take a question, please?

The HOUSE CHAIRPERSON (Mr A J Nyambi): No, no, no, hon members. Hon Stock, are you ready to take a question?

Mr D STOCK: No, hon Chairperson.

The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Masango, hon Stock is not ready to take your question. You can take your seat.

Mr D STOCK: Now, one of the reasons we are celebrating the Heritage Day today is because of the unity in diversity that has been portrayed through the different cultures by the different races. Nelson Mandela throughout his entire life fought for unity and cohesion. Another example of the things which we must actually demystify and also condemn is what is happening in the Western Cape. The hon member came here and claimed that the Western Cape is a good example because they are premising these values. Instead, she is failing to tell us that in the Western Cape they have a male-dominated cabinet. [Interjections.]

Mr L B GAEHLER: Yes!

Mr D STOCK: What does that say to the principle of nonsexism? It does not speak to such values. Nelson Mandela never stood for such things. He advocated for gender parities ... [Interjections.] ... and he also respected the principle of gender transformation. Now in the Western Cape, there is nothing to celebrate and there is nothing to speak well about because the same principles we come here and speak about do not happen on the ground. So, I think it is a point that we need to make.

The fourth issue, hon Chair, is about hon Mokgosi who came here ... I keep on making an indication that the issue of respect is a very important principle. As permanent delegates in this House we are not of the same age therefore we must always respect the elders so that the elders can also respect us, as the younger generation.

So, the point that I need to make is that she comes from an ANC family and it is not a mistake that she is the only one from the ANC family who belongs to the pretenders in red overalls. We are not surprised. But what we will continue to say to hon Mokgosi is, take your time, you have a little bit of potential and if you can allow yourself time to learn the processes of Parliament and the rules of this House, you will be able to get to the point whereby ... [Time Expired.] Thank you, very much. [Applause.]

The HOUSE CHAIRPERSON (Mr A J Nyambi): Order hon members! Hon members, let us have order.

Mr L B GAEHLER: UStock uthi mandithi unguYemyem, ebesitsho apha kum ukuba unguYemyem. [Kwahlekwa.] [Hon Stock says I must call him Yemyem, he was telling me that he is Yemyem [Laughter.]]

South Africa still suffers the effects of the 1913 Native Land Act even as we celebrate our 21 years of our heritage since democracy. It is the statute that was used to dispossess black people of their land, livestock and all forms of production; robbing them of their livelihoods, tramping on their dignity and violating their human rights and indeed their heritage.

High levels of poverty, underdevelopment, inequality and unemployment have their origin from, amongst others, the legacy of the land dispossession. If we are to celebrate our common heritage that takes South Africa forward, surely it cannot be business as usual. We cannot claim to be celebrating our culture, traditions and beliefs and hoping to build a cohesive society, when part of our heritage, that is the land, is not part of us. We cannot claim a living heritage in the land not of our own. We cannot remember and heal the wounds of the past and celebrate our history with landownership patterns remaining the same.

This heritage month, the 21st one since the advent of democracy, must recommit and unite us to do everything possible to address the landownership in order to be able to celebrate the future heritage.

It is when we have aggressively tilted land and the economy patterns in favour of indigenous citizens that indeed we can fully celebrate a common South African heritage. Landownership continues to play a significant role in the social cohesion and a central role in the racially divisive politics of the past. Equally, land and the economy play a central role in celebrating our heritage.

The current slow delivery of land caused by ineffective government and maladministration must be attended to with immediate effect. The failure to move with necessary speed in addressing this complex matter does not only rob South Africans of their heritage but also deprives them of economic and emotional opportunities.

The lack of security tenure conspires to make many South Africans second-hand citizens. Land creates wealth and equitable landownership by South Africans is vital for the success of a planned sustainable development programmes, thus government have to double the speed to assist communities to acquire land. Rapid land reform targeting urban and semiurban communities must be urgently implemented. Government must speedily release land in its custody for planned sustainable development programme. The UDM believes that as long as the economy of the country is in the hands of a few privileged people, South Africans are unable to enjoy their heritage.

Finally the UDM therefore, calls on all political parties, businesses and civil society to call for an economic indaba to address the imbalances of our economy.

Nivile ukuba ndithini, nto zakuthi. [Did you hear what I’m saying, compatriots.]

Ms L C DLAMINI: Chairperson, Deputy Minster, hon members, I greet you. I want to start off by saying that I appreciate the acknowledgement, by the DA, of the former President Nelson Mandela who was the President of the ANC. It shows the quality of leaders that we produce as the ANC, I really appreciate that.

Sibonga kakhulu ukuthi ne-DA iyabona ukuthi ... [Thank you very much that even the DA recognises that ...]

... there are good things that we do as the ANC. As for the EFF, I forgive her. I forgive hon Mokgosi because – you must understand she is begging me – because she doesn’t know what she is talking about. She was not part of the history of the Freedom Charter. So, whatever she says we must forgive her. And this day must be used as the day of learning from each other instead of howling to each other. I do want to say, that respect is a big part of culture. The manner in which you address yourself; the manner in which you talk to old people; tells the background of where you come from and they way you were brought up. [Applause.]

Hon Chair, we cannot blame her because we don’t know how she was brought up. We as the House have to play the role of teaching, and that is what we must do as the House.

Ms N P MOKGOSI: Modulasetilo, ke emela ntlha ya kgalemo. Ke kopa gore mme a ka bua ka nna jaaka leloko la Ntlo ena mme ase ka bua ka batswadi ba ka. (Translation of Setswana paragraph follows.)

[On a point of order! The member can talk about me as a Member of Parliament, but not about my parents.]

The CHAIRPERSON OF THE NCOP: Hon Dlamini, order hon members! I would like to check the records. I was busy looking at something here and I missed that part. Will the House permit me to comeback and rule on the matter when I have perused the records?

Ms L C DLAMINI: Chairperson, South Africa belongs to all who live in it, black and white. We are South Africans. We inherited a piece of land called South Africa. It is very rich in mineral resources; therefore it attracted other people who came to the country. As a result our being today is shaped by this history; we are white, black, Indian, coloured, we are shaped by this history. We cannot rub history, we cannot rub heritage and all what we can do is we can preserve it. We cannot say because we were colonised we can then destroy our statues. This would mean that we are cancelling history which did happen – like or not it happened.

There are people who fought for this country. They faced the test of times, who stood against armed forces. That is why today, hon Chair, one gets worried on what is happening, when you see people defacing, or destroying statues, motionless statues! Kufana nokuthi ubulala inyoka efileyo. [It is like you are killing a dead snake]. What are you doing? You cannot be part of history if you do that.

Therefore, Chair, I would like to applaud the Minister of Arts and Culture who is a member of the ANC. We recently witnessed yet another milestone in our journey towards redefining of our national heritage; the establishment of national heritage monument. It is part of the ANC-led government of the Republic of South Africa efforts to redress – she said the ANC does not know anything about redress – what I am talking about is redressing the historic imbalances, instil a sense of pride and identity of the people of this beautiful land with its deserved population.

Hon members, the challenge we have in this country is incorrect, misrepresentation of the past. We need to rewrite the South African story for future generations to know what really happened to our country. In this regard, hon members, we must thank the ANC government for building museums that give us identity as Africans. In the past 21 years we have seen new history of our black people who were not part of the history of this country. We have been dominated by the history of the settlers. Hon Mokgosi was talking about the settler community, and I was wondering because ...

... kusukela ekucaleni kwalemphahla layigcoke lamuhla kuze kuyewufika enhloko, ugcoke timphahla talabantfu lababita ngekutsi bachamuki. [... all the clothes she is wearing today, from head to toe, has been made by the people she refers to as foreigners.]

So, she is not walking the talk. We went to the Anglo-Boer War Museum as a select committee doing oversight. One was amazed by the transformation that has taken place. We sit here in Parliament and claim that there is no transformation and that our black people’s history is not recognised, one would like to invite this House through your select committees to go and visit that museum. The history of black people is there, in their remembrance wall our black people are recognised in details. There is even a section with talks about the involvement of black people during the Anglo-Boer War - the manner in which our children and women were affected.

We also went to the Freedom Park, which is a new museum that has been built by this government that people claim that we don’t know about redress and has done nothing. The history that is being told there is our history. I am proud to say before this House that our departed icons of the struggle against apartheid have risen from the ashes and found a home at Groenkloof Nature Reserve – I am not sure about this name whether to be changed or not – in this new home 55 statues of the heroes and heroines now stand tall and proud next to each other at the new national heritage monument.

These are struggle veterans from different cultural background and some from different political parties. Their walk of life that they walked during the struggle includes comrades Charlotte Maxeke, our former President of the ANC before the former President of the country Nelson Mandela, Mrs Albertinah Sisulu, Oliver Tambo, and Steve Biko they are standing by each others’ side. We are so proud to say today that we can talk about them and find them in one place.

Hon Chair, we talk about the Matola monument that has just be launched by the hon President of the country where seven people from this country were killed by the then defence force; that we have managed to put a monument for them. It is done by this government of the ANC. We are proud to say that our history will never be forgotten by our people. We are not going to forget our history even when we are not there our children will know what actually happened with us in terms of history.

Let us acknowledge this heritage in the context of the ANC commitment to democracy, acceptance and human rights in its symbolic nature. Heritage means people of various cultures, groups gathered to celebrate their inherited past and cultural diversity. As South Africa we have always been united by our past struggles experience in pursuit of our aspiration to build a democratic society as outlined in our progressive Constitution.

Chairperson, we want to say thank you very much to the ANC. Just today if the programme went accordingly the hon Minister was unveiling of the late Chief Bhambatha at KwaZulu-Natal. We say thank you very much ANC for recognising our struggle heroes and heroines. Thank you very much. [Applause.]

The DEPUTY MINISTER OF ARTS AND CULTURE: Chairperson and all the members and our guests. Firstly, I would like to thank all the positive inputs that you have made, the good messages that have sent to our people out there. All was building and positive. I would like to remind you that in my speech I mentioned that we are celebrating National Book Week from 7 to 13 September because South Africa is rated as having 14% that reads owing to no access to books, hence we are prioritising rural areas and areas without libraries so as to enable our people to read. They don’t read because they don’t have access but it would seem even those who have books, do not read. It all starts by us, if we read, we will know our past.

We all know that this issue of our heritage is important as it teaches us about our culture. It all starts with us to know that it doesn’t have colour when it comes to culture; it is the same because respect should always be there. With us as Africans, we always say: “Your child is my child; your parent is my parent.” If we can go back to our culture, we will build a good nation; a nation that has respect and that will be focussed in building our country. Thank you. [Applause.]

DEBATE ON INSTITUTIONS SUPPORTING DEMOCRACY: WORKING TOGETHER TO SUPPORT AND STRENGTHEN INSTITUTIONS SUPPORTING DEMOCRACY AS A CORNERSTONE OF OUR DEMOCRACY

Mr A J NYAMBI: Hon Chairperson of the NCOP, Deputy Minister, special delegates, hon members, distinguished guests, ladies and gentlemen, let me take this opportunity to be grateful to be part of the speakers in this very important subject. I am very pleased that as parliamentarians we can add a voice to the very important discussion going on in our country before serious decisions could be taken.

Approximately ten years into democracy, the government find it well time to assess the extent to which society had been transformed and human rights entrenched through the operations of the institution that had been established in terms of a Constitution to support democracy. The National Assembly was accordingly requested to conduct a review. Thus, in 2006, the Ad hoc Committee on

the Review of Chapter 9 and Associated Institutions, chaired by the late Professor Kader Asmal, was tasked to assess the suitability of the constitutional and legal mandates of the institutions supporting democracy, ISDs, for the South African environment; whether the consumption of resources by them was justified in relation to their outputs and contribution to democracy; and whether a rationalisation of function, role or organisation was desirable or would diminish the focus on important areas. In short, the committee was to assess the ISDs’ effectiveness and relevance approximately 10 years after their establishment as well as the requirements to strengthen them further.

It will be in order, hon Chairperson, to mention the state institutions supporting constitutional principles as per the Constitution, namely, the Human Rights Commission, Public Protector, Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, Commission for Gender Equality, Auditor-General and Independent Authority to Regulate Broadcasting. The following five major themes are covered: financial matters and budget allocation, appointment procedures, relationship between the institutions and Parliament, institutional governance and accessibility a and single human rights body.

Today’s debate offers us another invaluable occasion to strengthen our relationship and to find ways to improve the working relations between Parliament and the institutions supporting democracy. Above all, this is also an opportunity to chant a way forward on many of the outstanding issues identified in the Asmal report as well as the matters arising from our engagements over the last few months. As we may know, the institutions supporting democracy complement and support Parliament’s oversight function. Therefore, Parliament is duty bound to ensure that the ISDs are effective in their functioning and are strengthened in their ability to discharge their primary roles at all times. This we do, not only on the understanding of our constitutional obligation, but because we understand the importance of the institutions supporting democracy in our democratic Republic of South Africa.

Section 189 subsection (3) of the Constitution, demands the other organs of state to assist and protect the institutions supporting democracy to ensure their independence, impartiality, dignity and effectiveness. However, different from the other organs of states, this obligation in the case of Parliament is also based on the fact that the institutions supporting democracy account to our own Parliament. We therefore have all the reasons to ensure that the relationship is strengthened and works well. We have to do this together not for us, but also for those whom we represent and serve to heal the division of the past and establish a society based on democratic values, social justice and fundamental human rights as dictated by the preamble of the Constitution of our country.

In the previous engagements and discussions, commissioners of these institutions have argued for mechanisms and processes to be improved when it comes to our role as Parliament for their independence to be asserted through the strategic location of their Budget Votes, the maximisation of the effect of statutory bodies and protocols to improve communication amongst others so that the oversight ability of legislature and the institutions supporting democracy at all times, is improved. We want to argue that the relevant debate today is not just narrow-centred around processes and mechanisms, but ultimately about the quality of the democratic project and our collective role in nation building and social cohesion.

I was intrigued by the recent paper published by the Institute for Democracy and Electoral Assistance , Idea, which argued that when you assess democracy, as we should be doing constantly, five key principles should always be considered: first, democratisation is a process that requires time and patience; second, democracy is not only achieved through elections alone; third, democratic practices can be compared but not prescribed; fourth, democracy is built from within societies; and fifth, democracy cannot be imported or exported but it can be supported.

The institutions supporting democracy have an important role to play in this regard by ensuring that democracy is realised by all our people and they do so by ensuring that government delivers on its responsibilities. This role is based on the understanding of section 181 subsection (1) of Chapter 9 of our Constitution that the ISDs are established to strengthen constitutional democracy. Parliament and the institutions supporting democracy must work together to deepen democracy in our country and give meaning to the achievement of substantive equality, human dignity, the advancement of human rights and freedom, nonracism and nonsexism, a democratic system of governance and the rule of law which are core values that together we must promote to assist and support our government to address the unrelenting challenges of inequality and poverty in our society.

As we consider budgets or their roles, let us not forget that our focus has to be on the development of an indigenous South African democracy born out of our circumstances, built continually by all of us in order for us to realise and give life and meaning to the provision in our Constitution. Let our work be guided by the aspirations of those whom we represent and serve. The Constitution, which is the supreme law, binds all of us. Parliament, the Executive, the Judiciary and all organs of state not only ensure promotion of rights as enshrined in Chapter 2 of our Constitution, but also not to negatively infringe them.

Let us therefore find ways to work collaboratively and harmoniously not against each other or in competition with each other, but to serve our people and deepen our democracy. This is essentially critical as we need to use the limited resources of our country to ensure that we reach and impact all the people of our country particularly the poor and the most vulnerable in our society.

We trust that our debate today will result in formulating recommendations to enhance the functioning of all the institutions supporting democracy in order to better carry out their constitutional mandates. We further urge all political parties in this House to take advantage of this platform to raise challenges for us together to find lasting solutions. We owe it to our people to work with Chapter 9 institutions to deepen and entrench democracy in our country and to ensure that those we represent and serve see and feel a better quality of life in their lifetime.

At times we get a sense that the work of Chapter 9 institutions is misunderstood by the public and some political parties. In many instances they are expected to act beyond their constitutional and legislative mandate to appease certain views held by some political parties. It is of concern that when they do their work diligently as they do, some in society want to give an impression that the institutions exist to attack government which is not the case. The institutions play a very important monitoring role which assist government and us as parliamentarians in doing effective and efficient oversight. They complement the work that we are doing in oversight as we are doing lately with the new functioning performance, monitoring and evaluation.

As the ANC we trust that we will understand the real essence of today’s debate and focus it and make meaningful contribution. I thank you. [Applause.]

Mr G MICHALAKIS: Chairperson, it is nice to be able to say that again.

Chairperson, when the writers of the Constitution envisaged the powers of the President, they had an hon person in mind. This person had to have principles, integrity and was entrusted to safeguard our Constitution, a leader, a President we can all look up to, someone who did not need to make political appointments to safeguard their position.

Naturally, the Constitution provides the President with many powers that if in the wrong hands might cripple the very institutions that our hard-earned democracy relies upon for its existence. I am of course referring to the Chapter 9 institutions.

The appointment of the heads of institutions such as the Public Protector, the SABC, the SA Human Rights Commission and the IEC is an obligation granted to the President; because, as a guardian of the Constitution the nation has faith in him or her to make the best decisions in the public interest, and not to betray the trust of the people.

But then came the cadre deployment, infiltrating the Chapter 9 institutions one by one. The public broadcaster was not spared. With a warm seat and a mandate from her organisation, the head of the news of the SABC back then, Snuki Zikalala in 2005 made sure that no uncomfortable question is asked to the loathable friend of the ANC, Robert Mugabe, in a television interview.

A few months later, she also made sure that the humiliation of the then Deputy President, Phumzile Mlambo-Ngcuka at the hands of the ANC Youth League is not broadcast by the SABC. Mlambo-Ngcuka, as you very well recall replaced the then freshly axed and now presumably most hon of men in the land, President Jacob Zuma. The hon President Zuma, of course, was axed because a man facing charges of rape cannot be Deputy President in any respectable democracy, or so was thought.

Snuki Zikalala, the person at the helm of the news at the supposed independent broadcaster who made all of this happen was a former ANC spokesperson. However, that was not all! In May 2006, the SABC applied self-censorship and prevented the broadcasting of a documentary on the then slightly more unpopular President Thabo Mbeki; do you remember him, Chairperson? I bet they must be missing him by now. In early June 2006, the SABC requested producers not to speak about this documentary. President Mbeki by then, of course, was not very liked because he succeeded in doing what we’ve been trying to do for the last seven years. He got rid of him and no one gets rid of the hon President Zuma.

Then, just before President Zuma was elected the ANC President for a second term in Mangaung, the freshly deployed, but underqualified Hlaudi Motsoeneng said that whenever the ANC is discussed on the SABC, an ANC party representative must be present, because the SABC is independent like that.

In April 2014, SABC Chairperson, Ellen Zandile Tshabalala, another cadre who lied about her qualifications, and statements from the Presidency supported her lies threatened journalists that their phones were being tapped and reminded them to remain loyal to the ANC. It was after all a stormy time in the ANC with the proverbial blood of Polokwane still fresh on many hands.

Then, to crown it all, censorship was the order of the day at the state of the nation address this year. Again, vaguely in the background the figure of the hon President Zuma appears. Now threatened by an ever growing opposition and the addition of the Red Party whose leaders grew up at the hands of the ANC and whose sole raison d’étre was to get rid of the very king they crowned at Polokwane; but hijacking the public broadcaster would not do. The people of this country are not stupid and small lies would not keep them from asking uncomfortable questions. So the sharpest thorn in the side of hon President’s administration became a woman, a strong woman.

Ms C Labuschagne: Helen Zille.

Mr G MICHALAKIS: No, not Helen Zille, another strong woman, the Public Protector, probably the best example of the fact that, doing your job well and honestly often can land you in hot water with this government. She has been accused of being a spy for the Central Intelligence Agency, CIA and a spy for the opposition. This of course came after her report on Nkandla, where the DA won a court case saying that there was nothing wrongful in our calling the President a thief.

With no longer, a Nelson Mandela figure for a head of state, the ANC and its majority in Parliament had carte blanche or shall we call it a clear mandate to steam roll the Minister of Police’s report through the NA and to chuck the Public Protector’s report out the first window.

Effectively, the ANC has pulled the teeth of the office of the Public Protector, not even granting her the courtesy of presenting her report in the portfolio committee and therefore rendering her office no more than the conscience of the immoral, to be ignored, ridiculed and redundant.

However, Chairperson, there is hope! The ANC’s power is gradually slipping away and the 2016 local government elections is creeping nearer. The fear of being rightly rewarded for many years of poor service delivery and poor governance is immediately being felt more and more by my ANC colleagues in these benches. Cadres are being deployed and re-deployed, interventions are being made and we are returning to basics just to find that the governing party should first find out what the basics are.

The only democratic institution that is still untouched by the ANC is, fortunately, the IEC. However, this, their last hope in swinging an unfavourable result, is not to be taken for granted. The recent appointment of Glenton Mashinini as an IEC commissioner has been pushed through the Portfolio Committee on Home Affairs in the NA by a blindly loyal parliamentary caucus only, too glad to help do their level best in securing their own seats at Parliament.

Mashinini, you guessed it, served from 2010 to 2012 as vice chairman of the President‘s review commission on state owned-enterprises and from 2012 to 2015 he was the full time adviser to the President on so-called “special projects”. It can be safely assumed that his Christmas card from the Presidency simply reads, thank you for being a friend. After all, he did receive a top salary for the past five years thanks to the hon President.

Chairperson, I then finally turn with sadness to our very own House. Although not a Chapter 9 institution, we still are - or rather, should be a body safeguarding democracy, more so, than the NA. We are after all supposed to be the upper House and upper Houses have historically been the guardians of constitutional principles.

We, Chairperson, will only fulfill our duty as the NCOP in the proper way for which our House has been designed when we can stand up to bad decisions in the NA, against mandates that will serve party interests rather the people and be the watchdog against the abuse of democratic power by the other House and the legislatures.

Chairperson and colleagues, we need to be the voice of reason and the champions for democracy within Parliament. The DA is committed to doing this. We cannot afford to see the NCOP deteriorate in becoming the A-NCOP. Because, after all, what is the use of being able to say that you fought for democracy, only to be the ones responsible for destroying it again. I thank you. [Applause.]

Ms S FERNANDEZ (Western Cape): Hon Chairperson of the NCOP, delegates to the NCOP, members of provincial legislatures and distinguished guests, as the previous speakers have mentioned, there are six constitutional institutions provided for in Chapter 9 of South Africa’s Constitution. Collectively, the Chapter 9 institutions were established to support and strengthen constitutional democracy. Section 181(2) of the Constitution declares that these institutions are independent and subject only to the Constitution and the law. And they must be impartial and must exercise their powers and perform their functions without fear, favour or prejudice. Section 181(3) stipulates that all other organs of state, through legislative and other measures, must assist and protect these institutions to ensure their independence, impartiality, dignity and effectiveness.

Christina Murray, professor of Constitutional and Human Rights Law, argues that although each institution performs a unique role in supporting and strengthening democracy and is guided by functions and powers that are prescribed by the Constitution, they do share two common overarching roles.

Firstly, they monitor government by providing an authoritative and legitimate account of government’s record and performance. Secondly, they contribute to transforming South African society by promoting social justice.

In order to realise these shared roles as well as their unique roles, it is of paramount importance that the independence – including financial and administrative independence – of Chapter 9 institutions is jealously safeguarded.

In September 2006, the National Assembly appointed a multiparty ad hoc committee at the request of the executive to review the Chapter 9 and associated institutions. The report that followed this review became known as the Asmal Report. The Asmal Report described the purpose of Chapter 9 institutions as follows: the object was the complete transformation of our society from a culture that was oppressive, secretive and profoundly disrespectful of basic human rights into a human rights-based culture in which the human dignity of all is both respected and celebrated.

In order to achieve this goal, a range of institutions were established in the Constitution itself and in national legislation. The purpose of these was to strengthen constitutional democracy in South Africa through the active promotion of a culture of human rights and the protection, development and attainment of those rights, including monitoring and assessing their implementation and observance. It is exactly because these institutions have a central role to play in ensuring the freedoms of all South Africans and in playing a watchdog role in our democracy that their independence needs to be jealously guarded against political interference and cadre deployment.

Allow me to highlight few matters with respect to the Public Protector. The Constitution imbues the Public Protector with the powers to investigate any alleged or suspected improper conduct in public administration with the exception of court decisions. The Public Protector may report on its investigations and findings and make recommendations for remedial action. The Public Protector’s office may respond to complaints against public institutions or officials that may include gender-related issues, human rights violations, maladministration, malfeasance or poor service delivery.

It is also the only institution with the mandate to investigate and report on alleged breaches of the Executive Members Ethics Act. This breath of scope and investigative powers make the Public Protector office’s office distinct from the remaining Chapter 9 institutions whose mandates are perhaps more narrowly defined. The office acts as an intermediary between the state and citizens, effectively giving citizens a voice and providing for an engagement that complements the judiciary.

In performing its role, the office, like the electoral commission, promotes state legitimacy and strengthens the quality of democracy. It achieves this by allowing engagement between citizens and the state through an independent intermediary.

The Public Protector thus compliments the legislatures and courts, with the latter often overwhelmed or inaccessible to certain individuals or groups as an alternative institution for the protection of citizens’ rights, in particular rights violated by state actors or actions.

It serves as an additional check on the conduct and actions of the executives branch of government. Importantly, the office has exercised discretion in acting proactively against threats to citizens’ rights or instances of injustice. The case of a young Limpopo woman, a rape victim whose case was postponed 48 times before the Public Protector intervened, presents an example of such an intervention.

The office, however, can merely make recommendations for remediation based on its findings based on its findings with no guarantee to the complainant that such recommendation will be acted upon. This is being called co-operative control, wherein behavioural change is obtained through persuasion as opposed to coercion and speaks to the importance of the legislative and judicial branches of government with their more concrete accountability mechanisms to take up matters emanating from Chapter 9 institutions.

A key challenge for the office of the Public Protector is the maintenance of its independence. Credibility of the office is paramount to its continued existence and capacity for constitutional, democratic support and such credibility is best achieved by demonstrating impartiality and transparency in its orientation and through its actions.

It is thus important that the office remains and is widely perceived to be independent of both the state as well as party politics in implementing its mandate. That perception is not easily attached to legislatures which, by design, serve a platform for political engagement. The high media profile obtained by South Africa’s Public Protector attests to the vibrancy of the office but also the need for it.

Key challenges faced by the Public Protector are, firstly, the need for increased funding to effectively handle its case loads as it faces the risk that undue delays in completion of reports can potentially erode public trust in the institution. Secondly, the effectiveness of the Public Protector is significantly enhanced when Parliament and provincial legislatures consistently adhere to the co-operative control accord ensuring implementation of the remedial action recommended by the Public Protector.

Accountability is the key in ensuring credibility and proper functioning of state institutions, and Chapter 9 institutions are not exempted from this principle. These institutions, while independent of government, remain accountable to parliament and thus accountable to the people. Their effectiveness is naturally contingent on their credibility as non-partisan institutions serving only the public interest.

In this regard, implementing the recommendations of the ad hoc committee – or the Asmal Report – in review of Chapter 9 and associated institutions would further contribute to bolstering and entrenching the independence of these constitutional institutions.

Currently, the budgets of the various Chapter 9 institutions are located within the budget appropriations of various national government departments. For example, the budget of the SA Human Rights Commission and the Public Protector can be found within the Budget Vote of the Department of Justice.

However, what has become clear in recent years is that the current location of the Chapter 9 budgets within the hands of the executive means that there is a threat of abuse in that the executive could use this as a mechanism to deliberately constrain the Chapter 9 institutions from properly fulfilling their constitutional mandates through the provisions of inadequate funds.

In closing, the Constitution is very clear: other organs of state, through legislative and other measures, must assist and protect these institutions to ensure their independence, impartiality, dignity and effectiveness. The DA believes that the possible scenario of a majority party merely using its majority to make appointments to these important institutions, should somehow be curtailed and a more inclusive process in this regard be considered. I thank you. [Applause.]

Mr D L XIMBI: Hon Chairperson, hon members of the NCOP, Chief Whip of the NCOP, as part of the journey to consolidate our institutions supporting democracy, Parliament of the Republic of South Africa, under the leadership of the African National Congress, appointed an ad hoc committee, chaired by the late Professor Kader Asmal in 2006, to review the character, position and role of the institutions supporting democracy in South Africa.

The Kader Asmal report of 2007 noted amongst others that with the advancement of democracy in South Africa in 1994, a human rights culture was made the corner stone of a new constitutional dispensation and a wide ranging set of human rights, including socioeconomic rights, was inscribed in the Bill of Rights. In order to achieve this goal, a range of institutions were established in the Constitution itself, and in terms of the national legislation, the purpose was to strengthen constitutional democracy in South Africa.

The National Development Plan 2030 aspires for a South Africa with zero tolerance for corruption, both in the private and the public sector. It is therefore the role of some of these Chapter 9 institutions to support government in the fight against corruption, strengthening our constitutional democracy and the human rights culture.

The Constitution of the Republic of South Africa, Act 108 of 1996, enjoins these institutions. Chairperson, I am not going to read, because other speakers spoke about how the Constitution enjoins these institutions to be independent, subject only to the law and the Constitution. I am not going to duplicate.

As we enter this debate to reflect on the government support to these institutions protecting our democracy, we note with pride that this coincide with the national Heritage Month. This places on our shoulders, the call of history to dedicate this debate to the rich legacy of the hardworking men and women of our country, who laid down their lives in pursuit of the cause of a human rights culture and good governance.

Amongst these gallant and fearless fighters of our democracy are Oliver Reginald Tambo, Walter Sisulu, Beyers Naudé, Joe Slovo, Dullar Omar, Govan Mbeki, Ruth Mompati, Chris Hani, Nelson Rolihlahla Mandela, Robert Sobukwe, Zeph Mothopeng, Oscar Mphete, Muntu Myeza, Steve Bantu Biko, Simphiwe Mtimkulu, Bheki Mlangeni, Victoria Mxenge, Griffith Mxenge, David Webster, Matthew Goniwe, Fort Calata, Sparrow Mkonto Sicelo Mhlawuli, Ashley Kriel. Baninzi Sihlalo, asingekhe sibagqibe. [The list is endless.] We are talking about the real fighters.

In memory of the legacy of these gallant fighters of our revolution, we in the African National Congress stand here, today, to declare to the people of South Africa and the world that the human rights culture and good governance remain the mission of our existence.

It is not a posture of arrogance to declare that these Chapter 9 institutions are the creation of the African National Congress, not as a second thought but as part of the fundamental values and principles cherished throughout the more than 100 years of selfless struggles. From the adoption of the Freedom Charter in 1955 to the adoption of the Constitutional Guidelines for a postapartheid South Africa in 1989 and the Ready to Govern in 1991, the ANC has consistently emphasised the supremacy of good governance and the human rights culture as core pillars of its policy in a new democratic South Africa.

The narrow meaning attached to democracy by liberals and some sections of the opposition parties in the body politic of our country constrains informed and unified public policy debates on these institutions, in contemporary South Africa. To them, democracy means the unquestionable and unlimited right of the opposition to tell the ANC how to govern, while not using its democratic majority, let alone, its tried and tested superior ideas to address issues of public interest. That cannot be the case. The view of the majority should prevail in any democracy. The ANC is as much protected by democracy as any other party. There is no middle road that we can choose.

The recent Public Protector report on the security upgrades at the residence of the President has exposed this tendency and how people turn a blind eye to the fundamental tenets of democracy and constitutionalism.

In pursuit of this narrow sectarian agenda, we have seen how people went out of their way to create international alarm of a constitutional crisis in South Africa. Why? Simply to blackmail the ANC, to accede to their agenda. It is our view, as the ANC, that the greatest test to the meaning of our Constitution to the lives of our people will only find expression in the actual arena of struggle and not in the figments of our imaginations. The more we act in good faith, eliciting the intervention of Chapter 9 institutions, the more we give meaning to the Constitution.

The Public Protector, in her recent televised interviews, demystified what can only be described as an attempt by the opposition to create a permanent reality, on the basis of a temporary mood, generated by passing events. This relates to the attempt to paint the ANC as anti-Constitution, anti-Public Protector and opposing the rule of law, simply on the basis of the contestation around the said report.

In this interview, the Public Protector has one, acknowledged the unprecedented contestation and public debate generated by her report, which at times, assumed acrimonious posturing on both sides; two, expressed appreciation of how the executive has always been co-operative and of assistance in her investigations, especially the President; three, further conceded that, given the seniority of the office involved in the investigations, namely, the President, it was understandable. She went further to appreciate this as part of democracy and dismissed any potential of a constitutional crisis, as the courts of law are the final arbiter on this matter.

As a leading force of our national democratic revolution, the ANC will continue to support and strengthen all institutions supporting our democracy. We need to remind everyone that we believe that the duty imposed by the battle of ideas in society will never find us neutral on any issue. Whilst respecting the supremacy of the Constitution and all other organs created by it, we will continue to seek to influence these institutions through democratic engagement, to win them over on the fundamental values of the national democratic society that we seek to build. In doing so, we uphold and respect the rule of law, and where we are found in breach of the law, we accept with honour and dignity. I thank you.

Ms N P MOKGOSI: Chairperson, it was refreshing to hear the then Minister of Finance, Pravin Gordhan, when he presented his Medium-Term Budget Policy Statement to Parliament in 2012, make a call to strengthen anti-corruption measures and support institutions supporting democracy by providing additional resources to agencies such as the Public Protector.

When the Office of the Public Protector started investigating President Zuma – a clear site and monument of corruption – it found that he had benefitted unduly and must pay back a portion of money ... To this day, hon President Zuma has failed to do so. He has used the ANC’s majority in Parliament to sweep corruption under the carpet and blame some junior in the Department of Public Works.

Now the possibility of funding for the Office of the Public Protector disappeared altogether. Instead, during the Public Protector’s recent appearances in Parliament, the Public Protector was subjected to personal, unprofessional and unparliamentarily attacks by members of the Justice Portfolio Committee, particularly its chairperson, hon Mathole Motshekga.

Other government persons will never respect the Office of the Public Protector and other institutions supporting democracy following the open defiance of Zuma with his ad hoc Committee choir.

Today, the Office of the Public Protector has not received additional, much-needed funds. They are highly burdened with many cases of ANC deployments who continue to loot state resources.

Parliament as an institution that is supposed to embody and represent the spirit of democracy and be an institution essential to South Africa’s democracy, has today been turned into a militarised institution. Police officers are removed from policing crime and violence in townships infested with gangsterism, and are instead appointed illegally by the Speaker to police Members of Parliament, to beat and remove them from Chambers when they differ in views.

We have been physically harassed in this very Chamber, and we continue to be threatened. But, our voters can rest assured. If the ANC and the DA think they can collude to silence the EFF’s MPs by militarising Parliament through unconstitutional rules, they are wrong. The EFF will not apologise for the economic freedom struggle. We are here to stay.

How can we expect any meaningful debate in Parliament about institutions supporting democracy when it is this very same Parliament that is leading the destruction of institutions supporting democracy? How can we expect any meaningful debate in Parliament about institutions supporting democracy, when it is the ANC government that forces institutions supporting democracy to spend millions of rands in legal fees on court cases when they refuse to implement remedial actions? How can we expect any meaningful debate about democracy at all, anywhere in the country, when the one institution that is supposed to support and lead democracy is failing?

Institutions that support democracy need adequate funding so that they build internal administrative and technical capacity to carry out their constitutional mandate. Like the judiciary, institutions that support democracy must be independent from all political interference, so as to allow such institutions to carry out their constitutional mandate.

Institutions that support democracy must be allowed to carry out their mandate. If disagreements arise, parties must use appropriate legal processes to contest the outcome of work conducted by institutions supporting democracy. No one has the right to claim ownership of institutions supporting democracy so that they need not abide by their findings. These institutions are there for a purpose.

Fa ke fetsa ke be ke re tsoga motho yo montsho, ke re thanya Sporty wa jelwa. [In conclusion, I would like to say to a black person: You snooze you lose.]

Mr M KHAWULA: Chairperson and colleagues, of some of the institutions supporting democracy in our country include the Chapter 9 institutions, section 181(2)(3) and (4) of our Constitution have this to say about these institutions:

These institutions are independent, and subject only to the Constitution and the law, and they must be impartial and must exercise their powers and perform their functions without fear, favour or prejudice.

Other organs of state, through legislative and other measures must assist and protect these institutions to ensure independence, impartiality, dignity and effectiveness of these institutions.

No person or organ of state may interfere with the functioning of these institutions.

The Chief Justice of our country, Justice Mogoeng Mogoeng, has recently called and lobbied for a meeting between the judiciary of the country and the Presidency, the executive. This was initiated by the continued public attacks on the judiciary by the executive and some members of the ruling party. When the executive arm of the country – who form the core leadership of the ranks of the ruling party – continuously attacks and ridicule the judiciary of the country and important state organs, it does not help the democracy to grow.

According to what I have just read, such behaviour is against the spirit of the Constitution. The key words in what I have quoted from the Constitution are “independent”, “impartial”, “without fear, favour or prejudice”, “assist”, “protect”, “dignity”, “effectiveness” and “interfere”.

These institutions are accountable to Parliament. One can therefore not claim that they cannot be criticised. But when that happens, is it in accordance with the spirit and letter of the Constitution? For example, the IFP has always maintained that it is wrong for the Independent Electoral Commission, IEC, to utilise the services of the members of the SA Democratic Teachers’ Union, Sadtu, as election officials during elections. The IFP says so because Sadtu is an affiliate of Cosatu, and Cosatu is an alliance in elections and government with the ANC. But the IEC has so far not listened to this.

This compromises to a great deal the impartiality of the IEC in running fair and just elections in our country. Whenever the IFP says this, we are always mindful to not ridicule the institution of the IEC, so as not order to not jeopardise its integrity in the community. In one meeting the IFP had with the IEC’s then chairperson, Dr Brigalia Bam, in Durban in 2009, Prince Mangosuthu Buthelezi appealed to the IEC to also monitor that no state money gets utilised by those in power, using government resources, to campaign for a political party. The IEC has not yet come up with a plan to curb this. We believe that it is their responsibility to ensure fairness. However, the manner that this is raised does not amount to ridicule.

The same cannot be said about the ANC government in their approach to dealing with the office of the Public Protector. The Public Protector has in public been ridiculed, derided, and reduced to a state of nothingness by the ruling party. This is, of course, not in accordance with the spirit and letter of our Constitution in respect of institutions supporting democracy. This has even resulted in putting the office of the Public Protector at stake, with Parliament not willing to listen to appeals for adequate funding for this office.

Some practice of late that the IFP finds very ambiguous and ironic is the appointment of the heads of these institutions supporting democracy. The President is responsible for appointing the heads of these institutions. But the very same office, that of the Presidency, then writes to these heads after appointing them, asking them to give reasons they should be regarded as fit to hold office. Very funny! Why appoint them only to doubt their ability to hold office 8 to 12 months down the line? This is a disservice to democracy.

Another stakeholder worth mentioning is Parliament, particularly the NCOP and the NA. Parliament – both the National Assembly and the National Council of Provinces – needs to stop behaving as if it is an extension of the executive. Oversight and accountability must be made effective and meaningful through Parliament and not just ...

... ukugcina icala. Ngiyathokoza, Sihlalo. [... for the mere sake of doing it. Thank you, Chairperson.]

Mr C J DE BEER: Hon Chairperson and hon members, it’s very clear that since 1994 it has been going like a golden line that the ANC stands for good governance, sound financial management, doing the basics right, cracking down on fraud and corruption and spending money wisely. This refers to the state of the nation addresses, state of the province addresses, the speeches of the Ministers of Finance when tabling the national Budgets, as well as provincial budgets. So the hon members making these noises must just go back to the library and read. Spend some time in the library and not in front of your televisions.

In today’s uncertain global economic and financial environment, more than ever governments are called upon by its citizens to give account as to how public funds are spent, and are helping to deliver results and better public services. Supreme audit institutions as the lead public sector audit organisations focussing on accountability and transparency of public funds are uniquely placed to contribute to building and sustaining stronger and more effective accountability mechanisms between governments and their citizens.

In developing countries, supreme audit institutions play an important role in strengthening public institutions, by confirming that controls ... listen to the words ... are operating effectively, identifying waste and suggesting ways in which government organisations can operate better. Despite the recognised importance of the supreme audit institutions for development effectiveness, evidence shows that public sector auditing in a number of countries is the weakest component of public financial management.

South Africa is a constitutional state. Chapter nine of the Constitution of the Republic of South Africa of 1996 established the institution of the Auditor-General, AG, as one of the state institutions supporting constitutional democracy. The Constitution entrenches the organisation’s independence by directing that the AG is subject only to the Constitution, the law and Parliament. The Constitution requires the AG to be impartial and to exercise its power to perform its functions without fear, favour and prejudice.

The functions of the AG are described in section 188 of the Constitution. Its functions are further regulated by chapter two and chapter three of the Public Audit Act of 2004. Through the audit activities of the AG, it plays an important role in enabling accountability and thus promoting democratic governance in South Africa – and that is where we come in – by providing independent assurance to the various legislatures on whether entities that use public funds have managed their financial affairs in line with good governance, sound financial principles, compliance with the relevant legal framework, and have achieved their financial and performance objectives. That is the oversight that this House and that Parliament’s committees must play.

Objectives are set in the annual performance plans of national and provincial departments, public entities, as well as municipalities. Here I’m referring to the integrated development plans in municipalities. The objectives are based on the priorities set in the state of the nation address, and the national and provincial budgets. This provides a rationale for the work of the AG in empowering citizens to hold the custodians of public resources accountable. Why? All our committee meetings are open. The gallery is there where they can come and listen; making a positive difference to the lives of citizens. [Interjections.]

With regard to accountability and reporting, the AG is accountable to the National Assembly, to which it reports annually on its activities and the performance of its functions, etc. Here I am referring to its annual performance plan, its budget and annual report.

The AG annually produces audit reports on all government departments, public entities, municipalities and public institutions. The audit outcomes are analysed in general reports that cover the Public Finance Management Act, PFMA, and the Municipal Finance Management Act, MFMA, cycles. What is audited?

Firstly, the fair presentation and the absence of material misstatements in the financial statements are audited. Material misstatements refer to errors or omissions that are so significant that they affect the credibility of the financial statements; and

Secondly, the useful and reliable measurement and reporting by auditors on their performance in the annual performance report, in accordance with the strategic objectives in their annual performance plans.

The focus is on the quality of financial statements and annual performance reports, and compliance with key legislation. It also focuses on the root causes of any error of noncompliance based on the internal control that had failed to prevent or detect it.

The AG’s reports on audits are dealt with by the Standing Committee on Public Accounts, Scopa, in the National Assembly, the provincial legislatures, portfolio committees in the National Assembly and select committees in the NCOP. Here I am referring to section 5 of the Money Bills Act. The AG shares the outcomes and root causes with the national and provincial leadership in all legislatures.

What are the key risk areas that have been addressed in the 2013-14 financial year? They are, the quality of submitted financial statements; supply chain management; financial health; human resource management; and information technology, IT, controls.

With regard to improving audits, during the auditing process the AG works closely with accounting officers, senior management, audit committees and internal audit units, as they are the key role-players in providing assurance on the credibility of the auditor’s financial statements ...

Mr W F FABER: Hon Chair, I would like to know if the hon member who speaks like Pinocchio can perhaps take a question.

The CHAIRPERSON OF THE NCOP: Hon De Beer, please take your seat. Hon Faber, Pinocchio is a comical character with a very long nose, and it is usually used to ridicule or to say that people lie. I do not know what the implications are but I am going to caution that you do not call any other member of this House Pinocchio, or a Pinocchio character.

Mr W F FABER: Hon Chair, I did not call the hon member that. I said he speaks like Pinocchio.

The CHAIRPERSON OF THE NCOP: Yes, in heard you properly and I have said please do not call or refer to any member of this House as speaking like Pinocchio. It is very small things like this that ends up in us doing what we do not want ... [Inaudible.] Hon members, so far we have enjoyed your debate. You have been nice and rowdy, and very lively without any vestiges of rudeness. Hon De Beer, do you want to take a question from the hon Faber?

Mr C J DE BEER: No, hon Chairperson.

The CHAIRPERSON OF THE NCOP: Hon Faber, uyala [he refuses]. Please continue.

Mr C J DE BEER: These continued engagements with the national and provincial treasuries, the Department of Monitoring and Evaluation, the premiers, Ministers, Parliament and legislatures are crucial as the involvement and oversight role they play and continue to play is crucial in the performance of departments and public entities. I invite the hon member Faber to come and join us in a finance and appropriations meeting and see what we do. But sir, you will have to do your homework before you come to that meeting, otherwise you are useless. [Laughter.] The AG shares its message on key controls ...

The CHAIRPERSON OF THE NCOP: Hon De Beer, please withdraw the word, useless.

Mr C J DE BEER: Chairperson, I withdraw the word useless. [Interjections.] The AG shares ...

The CHAIRPERSON OF THE NCOP: Order members!

Mr C J DE BEER: The AG shares its messages on key controls, risk areas and root causes with them and obtains and monitors their commitments to implement initiatives that can improve the audit ...

The CHAIRPERSON OF THE NCOP: Hon Chetty, I can hear you from here. You are protected hon De Beer; please proceed.

Mr C J DE BEER: How do we achieve a clean audit? Matters reported by external and internal auditors should receive timeous management attention. Internal controls should address the following key areas: leadership, financial and performance management, and governance.

In looking at leadership, firstly, establish a culture of honesty, ethical business practices and good governance, hon Faber. Yes. [Interjections.]; secondly, exercise oversight responsibly by doing your work as a member of the committee; thirdly, ensure active human resource practices; and finally, implement appropriate policies and procedures.

With regard to financial and performance management, firstly, ensure proper record keeping of all transactions. It’s not so difficult. Just do the basis right; secondly, maintain effective controls over daily and monthly processing and reconciling of transactions ...

Mr W F FABER: Hon Chair, with due respect, I don’t mind ... and I don’t want to mention names because I understand it may not be one hundred per cent correct, but one cannot speak the truth in different ways. It is really upsetting. It’s close to the heart that this cannot be true. So, I can’t say it’s not true but it’s very far from the truth.

The CHAIRPERSON OF THE NCOP: What is your point of order, hon Faber?

Mr W F FABER: Hon Chair, I would like to ask the hon Charl de Beer a few questions but I understand he doesn’t want to take them. It’s ... [Interjections.]

The CHAIRPERSON OF THE NCOP: Hon Faber, thank you for making your point. Hon De Beer?

Mr C J DE BEER: I invite the hon member to the next Finance Committee meeting and you can put your questions there. [Laughter.]

Thirdly, produce regular, accurate and complete financial performance reports; and finally, review and monitor compliance with ...

Mr F ESSACK: Thank you for the opportunity, hon Chairperson.

The CHAIRPERSON OF THE NCOP: Is it a point of order, sir?

Mr F ESSACK: My point of order, through you, is that I would like to ask the hon speaker a question. Will he take my question?

The CHAIRPERSON OF THE NCOP: Hon De Beer, do you wish to take a question?

Mr C J DE BEER: No Chairperson, my time is nearly up. [Laughter.] [Interjections.] I’m not taking a question.

The CHAIRPERSON OF THE NCOP: Hon De Beer, please continue.

Mr C J DE BEER: With regards to governance, firstly, ensure that risks are periodically identified, assessed and effectively mitigated; secondly, maintain adequately resourced and functioning internal audit units; and thirdly, maintain an audit committee that performs its legislated duties and promotes accountability and service delivery.

What do we say? Firstly, appoint the right people to the job. The Deputy President was here the other day which emphasised this. [Interjections.]; secondly, fill key positions with competent people ...

The CHAIRPERSON OF THE NCOP: Hon Dlamini!

Mr C J DE BEER: Thirdly, there must be consequences for people who break the rules. Here I am referring to sections 81 to 86 of the PFMA and sections 171 to 175 of the MFMA; and finally, crack down on corruption.

Co-operative governance and sound intergovernmental relations is essential to keeping our democracy intact. In terms of the overall objective to transform South African society to a democratic society based on human dignity, equality and freedom, the AG is a credible and independent institution strengthening our constitutional democracy. I thank you. [Applause.]

Mr L B GAEHLER: Ndiyavuya kuba nibuyile, Mama. Aba bafana bebesiphethe kakubi kakhulu apha. Ndiseza kuyizisa ingxelo. [I’m happy when you came back, Mama. Those young men treated us very bad here. I will bring the report.]

In our democracy as South Africans, Chapter 9 institutions are necessities. We have suffered at the hands of previous regimes that were never accountable to anyone; with post-independence socio-economic ills still part our lives.

These institutions are inherently linked with good governance legitimacy to govern. Equally, they are playing critical role in ensuring the success of representative and participatory democracy.

Sinzima isiNgesi. [English is difficult.]

They are able to mobilise and encourage citizens to be active participants in democracy.

Once these institutions are weakened and not supported, the rule of law is eroded and tyranny becomes the order of the day. Democracy and citizens become weak and vulnerable.

As a cornerstone to this sustenance of democracy and development, they are important for the realisation of other democratic principles.

When they are operating optimally, they become frontline of the defence of the rights of the citizens. Amongst other interventions that are needed in supporting and strengthening these institutions are: They must conduct regular targeted education outreach programmes targeting in particular women disabled and youth in rural areas. They should consider opening operational centres in rural areas with sufficiently trained field worker ...

The CHAIRPERSON OF THE NCOP: Ntate Gaehler, there is a point of order. Hon Julius?

Mr L B GAEHLER: Iyawayintoni ngoku? [What is happening now?]

The CHAIRPERSON OF THE NCOP: Hon Julius?

Mr J W W JULIUS: Chairperson, I would like to know if the hon Gaehler will answer the last question for me please.

Mr L B GAEHLER: No, no!

The CHAIRPERSON OF THE NCOP: Hon Gaehler, are you willing?

Mr GAEHLER: Hayi, uyandiqhela. [Kwahlekwa.] [No, you are overstepping the bounds. [Laughter.]]

These institutions should adopt a pro-active approach towards their work. All public representatives, political parties, non-governmental organisations and other organs of civil society, should cooperate and run a civic education program.

Finally, we as legislatures must lead society in demonstrating through practical ways that we respect, support and strengthen these institutions. We must at all times follow and uphold the findings and reports in supporting democracy.

Hon Chairperson, the late Dr Slabbert Commission on democratic election proposed that the country’s President should be elected by the citizens of this country, and also proposed the 50% PR system and 50% constituency system. Lastly, in a book, the former Chairperson, Ma’am Brigalia Bam has proposed that ...

Niyabona ke, Sihlalo, ukuba loo nto yokuba abantu bazinyulele uMongameli ibiyenzekile, ngekungazange kukhutshwe uMongameli ofundileyo, obhadlileyo, ize indawo yakhe ithathwe ngumntu oyingxaki, ongafuniyo ukuya ezinkundleni zamatyala aziphendulele. Lifikile ke ixesha lokuba thina singabemi baseMzantsi Afrika sikhe simele inyaniso, sivume ukuba iKomishoni yoNyulo eziMeleyo, IEC, njengelinye lamaziko eSahluko seThoba kuMgaqo-siseko ithi thaca le ngxelo ukuze sixoxe ngayo ukuze sizinyulele uMongameli esimthandayo oza kumela thina khon’ ukuze sikwazi ukuthi lo nguMongameli wethu. Enkosi. [Kwaqhwatywa.] (Translation of isiXhosa paragraph follows.)

[Hon Chairperson, can you see that this thing of people who elected their own President happened. Removing an educated and matured President and replace him with a problematic one was not supposed to happen. A person who refuses to go and defend himself in the court of law. The time has come for us as South Africans to stand up for the truth, agree on that Independent Electoral Commission, IEC, as one of Chapter Nine institutions provided for in the Constitution must table this report so that we discuss about it and elect a President that we like who will represent us so that we claim him as ours. Thank you. [Applause.]]

The CHAIRPERSON OF THE NCOP: Thank you, sir.

Mr J J LONDT: Good afternoon, hon Chairperson. As I am listening to the colleagues from the ANC here today, there are only two words that keep popping up, lip service.

To make this clear, I will tell you what the definition of lip service is: It is just to say something, but not to actually do it. To pretend that you believe in a certain thing, but not practice that belief, lip service.

Hon Ximbi, you said the ANC will protect Chapter 9 institutions. I am using the words lip service just not to call that blatant lies from you today because then I will be called to order. You are paying lip service, hon Ximbi. The best example is the absolute lynching that the Public Protector received from ANC Members of Parliament following her Nkandla report.

The hon Rip van Winkel, aka hon de Beer representing the National Party and the ANC in the NCOP, please wake up because the only way you can write such a speech if you were sleeping for the past few years. [Laughter.] [Interjections.] The ANC in this House and the National Assembly and the rest of the country has absolutely no public backbone. It’s all good and when coming to us in quiet corridors and saying listen; the country is going down the drains. We have eroded the gains we have made in 1994, but you do nothing to call people to order that’s incompetent and corrupt. You become deadly quite when you need to speak up in public. You pay lip service when you appear on the TV and when you appear in front of the voters. You are letting yourself and this country down by not standing up when it matters. Standing up when it comes to matters of principle and not just on days like today where all we get from you are empty words without actions backing it up.

The latter is currently best being illustrated by our own number one who has a selfish agenda, only looking at friends, families and cadres, and forgets the long term goal of taking the country forward.

Political parties come and go. This is even more true for individuals. Chapter 9 institutions protect citizens from such individuals. We as a collective must protect Chapter 9 institutions. We definitely need them. We need them to be independent, rigorous in overseeing government and relentless in pursuing the aims of redressing the past.

Hon members and colleagues from the ANC, I am going to make sure that you read hon Michalakis speech again. I will drop it off in your perginal and when you go back to your constituency, do yourself a favour and read the speech and do some introspection. Colleagues, I ask you – less talks more action. I thank you.

The CHAIRPERSON OF THE NCOP: Thank you, sir. [Applause.]

Mr M RAYI: Hon Chairperson, hon members, ladies and gentlemen, the ANC was at the centre of crafting, inspiring and bringing into operation the interim Constitution or transitional Constitution of 1993. Between 1991 and 1993 multi-party negotiations, known as Convention for Democratic South Africa, Codesa, was convened with the ANC championing this initiative. The interim Constitution of 1993 was mainly intended to provide a bridge between the past and the future and facilitate the governance of South Africa while elected Constitutional assembly drew up a final constitution.

The interim Constitution was approved in Kempton Park and was duly endorsed by the last apartheid Parliament and became the Constitution of the Republic of South Africa, Act 200 of 1993. The interim Constitution was restricted largely to civil and political rights as it contained the Bill of Rights which guarantees the rights protected by International Human Rights Convention. It provided that everyone shall enjoy all universally accepted fundamental rights, freedom and liberties. However, the interim Constitution went further than these rights and liberties by including what were innovative rights of national Constitution such as right of access to information, the right to administrative justice, a qualified right of the free pursued of economic activity, the right to an environment which is not harmful to health or wellbeing, the right of children to security, basic nutrition, basic health and social services, language and cultural rights and educational rights. This was informed by the constitutional guidelines that were published by the ANC in 1988 building on the spirit and intention of the Freedom Charter of 1955 which included a proposal for a constitutional state based on the Bill of Rights.

The interim Constitution created constitutional institutions such as the Constitutional Court, the Human Rights Commission, and the Commission on Gender Equality, which were to become known as the Institutions Supporting Democracy, ISDs. The Ready to Govern document of the ANC of 1992 states that:

The ANC proposes that a full-time independent office of the Ombud should be created, with wide powers to investigate complaints against members of the public service and other holders of public office and to investigate allegations of corruption, abuse of their powers, rudeness and maladministration. The Ombud shall have power to provide adequate remedies. He/she shall be appointed by and answerable to parliament.

This is what the ANC was saying even before 1994. During the ANC’s constitutional conference of 1995, one of the constitutional guiding principles proposed was the call for the new Constitution to empower the poor and the vulnerable, to enforce their rights through the creation of a Human Rights Commission and a Public Protector. The conference proposed that:

There shall be a Human Rights Commission charged with ensuring observance of Human Rights. There shall be a Public Protector charged with ensuring clean government, free of corruption, rudeness and maladministration. The Human Rights Commission shall be empowered to litigate on behalf of complainants. Both bodies shall report annually to Parliament. The details of their functioning shall be set out in law. They shall have power to investigate the systemic sources of any malpractices. These institutions shall have the necessary resources and powers to perform their functions, and shall be empowered to negotiate or mediate between complainants and the body or person who is the subject of the complaint. The length of tenure of the Public Protector should be seven years, renewable for a further term of seven years.

These were the positions of the ANC in the constitutional conference before the final Constitution. Furthermore, the conference proposed that the Constitution should protect the independence of these institutions, inter alia, by requiring their appointment by Parliament, with a two-thirds majority and protecting them from dismissal, save on grounds of incapacity or misconduct, and that there should be a commission to advance gender equality, inter alia, by consulting women and by conducting enquiries and research on the situation of women. The detail regarding this commission would be subject of national legislation. After the first democratic elections in 1994, processes began in drafting the final Constitution in terms of Chapter 5 of the interim Constitution Act 200 of 1993. In 1996 the new South African Constitution was signed into law. The new Constitution was the embodiment of the vision of generations of anti-apartheid freedom fighters, socialists and democrats who had fought for the principle that South Africa belonged to all, for non-racialism, equity, socio-economic rights and for human rights.

The ANC’s Ready to Govern 1992 document states:

Our task now is to rally all South African patriots around the principles for which we have always stood, namely, of equality, mutual respect, dignity and promotion of basic human rights. After so many decades of struggle and sacrifice, we must achieve a constitution that guarantees that oppression, discrimination, inequality and division will never stalk our land again.

Therefore, the establishment of the ISDs was to strengthen the constitutional democracy in the country by the active promotion of a culture of human rights and the protection, development and attainment of those rights, including monitoring and assessing their implementation and observance. The object was the complete transformation of our society from a culture that was oppressive, secretive and profoundly disrespectful of basic human rights into a human rights based culture in which the human dignity of all is respected.

The ANC-led government has consistently supported the increases of the Public Protector’s budget, hon Mokgosi. The Public Protector’s budget, for instance, currently stands at R246 million, more than double of the SA Human Rights Commission, which is currently at around R140 million. The ANC has supported these increases due to ever increasing cases which places additional burden on the investigative capacity of the institution. These significant increases happened at the time when most organs of the state had to take budget cuts. For instance, during the same period that the Public Protector’s budget almost tripled, the Human Rights Commission’s only increased from R74,4 million to R128,1 million.

I am left with less than one minute. Let me just deviate from the speech and go to some of the points that have been raised by other parties.

With regards to the issue of the Public Protector, we have so many of these commissions but the focus of the minority parties is on this one institution - the Public Protector. In her own words, the Public Protector commended the South African government for implementing the remedies or recommendations that she has made. That is what she has done.

Coming to the issue that was raised, first, by the hon George concerning cadre deployment. The ANC has 62% of the electorate so it is possible that out of every 100 people you will have 62 people that are members of the ANC. So it is not a mistake. [Interjections.]

An HON MEMBER: But who are they deploying?

Mr M RAYI: It’s not a mistake. But, also, many of the people that are in these institutions - some of them you are praising - are members of the ANC. This includes the Public Protector who the last time I checked was herself a member of the ANC. [Interjections.] So there are a lot of other ANC members that are occupying high positions in government that most of them you are praising. In fact, we do not look at whether you have a membership of the ANC when you get appointed in position.

The ANC-led government has appointed many members of the opposition parties into positions for example, high commissioners in various countries where once a high ranking member of the DA ... [Interjections.]

The CHAIRPERSON OF THE NCOP: Hon Rayi, are you are rounding up?

Mr M RAYI: In rounding up, Chair. So, others were even members of the SABC board that you are referring to. The ANC is the only organisation that understands that there are also various skills in other parties as well. For example, it is the first organisation that decided that Standing Committee on Standing Accounts, Scopa, should be chaired by a person from the opposition. It is not in the Constitution, it is just an initiative that the ANC has taken because it understands and also considers skills from other organisations. [Time expired.]

Mr A J NYAMBI: Chairperson, the people listening to and following this debate would not be mistaken for thinking we have been discussing something else. The topic today, as I outline it, is: “Working together to support and strengthen institutions supporting democracy as a cornerstone of our democracy”. Hon Londt, you missed it. Allow me to quote Amilcar Cabral: “Tell no lies; claim no easy victories.” The ANC government is the one that created these institutions supporting democracy, and that is a fact. [Interjections.] We are the first to respect the institutions we created. However, we are alive to some of the challenges. These are not only unique to South Africa or our circumstances.

The ANC wants to build a nonracial, nonsexist, democratic, united and prosperous South Africa. Even in the past, the ANC was not fighting people. It was fighting a system. The opposition are scoundrels filled with a desperate resolve to undermine the same institution, when convenient, for their own political expedience.

That is opportunism and hypocrisy at their best. The ANC remains the credible defenders of our democracy and its principles. Let all political parties be assured that, with confidence, we shall deplore any voice and sadistic elements that undermine human dignity but purport integration. I’m not going to waste time and mention some of the parties that are selective in the application of the rules owing to opportunism and shallowness. Allow me to quote the late son of the soil, former president of the ANC, O R Tambo ... [Interjections.] That was way back. You would understand why we are in this situation. I quote, “We have a vision of South Africa in which black and white shall live and work together as equals in conditions of peace and prosperity.” I hope that the political parties will understand the essence of this profound statement.

Let me take this opportunity, Chairperson, to thank the people that really understand what we have been debating today and to thank them for the positive contributions they made. I challenge all of us, at all times, to visit the preamble to our Constitution and to try to internalise it. That is why when we are sworn in - all of us - we are given the Constitution. Read that preamble. It will go a long way towards assisting you as to where we are coming from, what the challenges are and where the government intends taking South Africa.

An old lady taught me that sometimes it is better to keep quiet and be thought of as a fool than to open your mouth and leave no doubt. Let me repeat that, hon Faber, so that you hear it. Sometimes it is better to keep quiet and be thought of as a fool than to open your mouth and leave no doubt. May God protect our people and may all our people have a good time in their lifetime. I thank you. [Applause.]

Debate concluded.

The Council adjourned 17:58.

__________

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

FRIDAY, 4 SEPTEMBER 2015

ANNOUNCEMENTS

National Council of Provinces

The Chairperson

1. Referral to Committees of papers tabled

Please Note: The following referral entry is a correction of the referral of item 1 (c) and (d) under Referrals in the NCOP, published in the ATC of 2 September 2015, on page 3335.

(1) The following papers are referred to the Select Committee on Economic and Business Development for consideration and report:

Cape Town Agreement of 2012 on the Implementation of the provisions of the Torremolinos Protocol of 1993 relating to the International Convention for the Safety of Fishing Vessels, 1977, tabled in terms of section 231(2) of the Constitution, 1996.

Explanatory Memorandum to the Cape Town Agreement of 2012 on the Implementation of the provisions of the Torremolinos Protocol of 1993 relating to the International Convention for the Safety of Fishing Vessels, 1977.

(2) The following papers are referred to the Select Committee on Economic and Business Development for consideration and report:

African Maritime Transport Charter, tabled in terms of section 231(2) of the Constitution, 1996.

Explanatory Memorandum to the African Maritime Transport Charter.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Trade and Industry

Progress Report on Implementation of the Industrial Policy Action Plan (IPAP) for the year April 2014 – March 2015.

MONDAY, 7 SEPTEMBER 2015

TABLINGS

National Assembly and National Council of Provinces

The Minister of Finance

Report and Financial Statements on the Registrar of Friendly Societies for 2013 [RP 325-2014].

TUESDAY, 8 SEPTEMBER 2015

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

Bill passed by National Assembly and transmitted for concurrence on 8 September 2015:

Defence Laws Repeal and Amendment Bill [B 7 – 2015] (National Assembly – sec 75).

The Bill has been referred to the Select Committee on Security and Justice of the National Council of Provinces.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Justice and Correctional Services

(a) Report dated 02 August 2015 by the Magistrates Commission on the conditional upliftment of the provisional suspension of Mr P S Hole, a Regional Magistrate at Kimberley, in terms of a resolution of the Assembly on 20 June 2013. (6th Report).

(b) Progress report dated 02 August 2015 on the provisional suspension from office of Mr I W O M Morake, a magistrate at Lichtenburg, in terms of section 13(3)(f) of the Magistrates Act, 1993 (No 90 of 1993).

(c) Progress report dated 02 August 2015 on the provisional suspension from office of Mr M J Kgomo, an additional magistrate at Randburg, in terms of section 13(3)(f) of the Magistrates Act, 1993 (No 90 of 1993).

(d) Progress report dated 02 August 2015 on the provisional suspension from office of Ms J F Van Schalkwyk, chief magistrate at Kempton Park, in terms of section 13(3)(f) of the Magistrates Act, 1993 (No 90 of 1993).

(e) Progress report dated 02 August 2015 on the provisional suspension from office of Mrs R M Malahlela, aspirant additional magistrate at Delma, in terms of section 13(3)(f) of the Magistrates Act, 1993 (No 90 of 1993).

The Minister in The Presidency: Planning, Monitoring and Evaluation

(a) Report and Financial Statements of Vote 13 - Statistics South Africa for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 13 for 2014-15 [RP 160-2015] (Book 1) and [RP 161-2015] (Book 2).

WEDNESDAY, 9 SEPTEMBER 2015

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Classification of Bills by Joint Tagging Mechanism (JTM)

The JTM in terms of Joint Rule 160(6) classified the following Bill as a section 76 Bill:

Protection of Critical Infrastructure Bill [PMB 4 – 2015] (National Assembly – sec 76).

THURSDAY, 10 SEPTEMBER 2015

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Assent by President in respect of Bills

Maintenance Amendment Bill [B 16B – 2014] – Act No 9 of 2015 (assented to and signed by President on 7 September 2015).

National Council of Provinces

The Chairperson

1. Referral to Committees of papers tabled

The following papers are referred to the Select Committee on Security and Justice for consideration and report:

Progress report dated 02 August 2015 on the provisional suspension from office of Mr I W O M Morake, a magistrate at Lichtenburg, in terms of section 13(3)(f) of the Magistrates Act, 1993 (No 90 of 1993).

Progress report dated 02 August 2015 on the provisional suspension from office of Mr M J Kgomo, an additional magistrate at Randburg, in terms of section 13(3)(f) of the Magistrates Act, 1993 (No 90 of 1993).

Progress report dated 02 August 2015 on the provisional suspension from office of Ms J F Van Schalkwyk, chief magistrate at Kempton Park, in terms of section 13(3)(f) of the Magistrates Act, 1993 (No 90 of 1993).

Progress report dated 02 August 2015 on the provisional suspension from office of Mrs R M Malahlela, aspirant additional magistrate at Delmas, in terms of section 13(3)(f) of the Magistrates Act, 1993 (No 90 of 1993).

The following paper is referred to the Select Committee on Security and Justice for information:

Progress report dated 02 August 2015 by the Magistrates Commission on the conditional upliftment of the provisional suspension of Mr P S Hole, a Regional Magistrate at Kimberley, in terms of a resolution of the Assembly on 20 June 2013.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Justice and Correctional Services

Government Notice No 737, published in Government Gazette No 39119 dated 21 August 2015: Regulations relating to Prosecutor’s Referral of Suspected Victims of Trafficking in Persons, made in terms of section 43(1)(a) of the Prevention and Combatting of Trafficking in Persons Act, 2013 (Act No 7 of 2013).

FRIDAY, 11 SEPTEMBER 2015

ANNOUNCEMENTS

National Council of Provinces

The Chairperson

1. Referral to Committees of papers tabled

Please Note: The following referral entry is a correction of the referral of item 2 under Referrals in the NCOP, published in the ATC of Thursday, 10 September 2015, on page 3420.

The following paper is referred to the Select Committee on Security and Justice for information:

Progress report dated 02 August 2015 by the Magistrates Commission on the conditional upliftment of the provisional suspension of Mr P S Hole, a Regional Magistrate at Kimberley, in terms of a resolution of the Council on 20 June 2013.

MONDAY, 14 SEPTEMBER 2015

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Draft Bills submitted in terms of Joint Rule 159

Traditional and Khoi-San Leadership Bill, submitted by the Minister of Cooperative Governance and Traditional Affairs.

Referred to the Portfolio Committee on Cooperative Governance and Traditional Affairs and the Select Committee on Cooperative Governance and Traditional Affairs.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Energy

Agreement between the Government of the Republic of South Africa and the Government of the Democratic Republic of the Congo regarding the Cooperation in the Field of Energy Resources, tabled in terms of section 231(3) of the Constitution, 1996.

2. The Minister of Finance

Agreement between the Government of the Republic of South Africa and the Government of the Turks and Caicos Islands for the Exchange of Information Relating to Tax Matters, tabled in terms of Section 231(2) of the Constitution, 1996.

Explanatory Memorandum on the Agreement between the Government of the Republic of South Africa and the Government of the Turks and Caicos Islands for the Exchange of Information Relating to Tax Matters.

Protocol Amending the Agreement between the Government of the Republic of South Africa and the Government of the Federative Republic of Brazil for the Avoidance of Double Taxation and Prevention of Fiscal Evasion with Respect to Taxes on Income, tabled in terms of Section 231(2) of the Constitution, 1996.

Explanatory Memorandum on the Protocol Amending the Agreement between the Government of the Republic of South Africa and the Government of the Federative Republic of Brazil for the Avoidance of Double Taxation and Prevention of Fiscal Evasion with Respect to Taxes on Income.

Agreement between the Government of the Republic of South Africa and the Government of Saint Christopher (Saint Kitts) and Nevis for the Exchange of Information Relating to Tax Matters, tabled in terms of Section 231(2) of the Constitution, 1996.

Explanatory Memorandum on the Agreement between the Government of the Republic of South Africa and the Government of Saint Christopher (Saint Kitts) and Nevis for the Exchange of Information Relating to Tax Matters.

Agreement between the Government of the Republic of South Africa and the Government of the Oriental Republic of Uruguay for the Exchange of Information Relating to Tax Matters, tabled in terms of Section 231(2) of the Constitution, 1996.
Explanatory Memorandum on the Agreement between the Government of the Republic of South Africa and the Government of the Oriental Republic of Uruguay for the Exchange of Information Relating to Tax Matters.

Agreement between the Government of the Republic of South Africa and the Government of the Republic of Zimbabwe for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, tabled in terms of Section 231(2) of the Constitution, 1996.

Explanatory Memorandum on the Agreement between the Government of the Republic of South Africa and the Government of the Republic of Zimbabwe for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income.

TUESDAY, 15 SEPTEMBER 2015

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

Report and Financial Statements of the Office of the Ombud for Financial Services Providers for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

THURSDAY, 17 SEPTEMBER 2015

ANNOUNCEMENTS

National Council of Provinces

The Chairperson

1. Referral to Committees of papers tabled

The following paper is referred to the Select Committee on Education and Recreation, the Select Committee on Social Services, the Select Committee on Economic and Business Development, the Select Committee on Trade and International Relations, the Select Committee on Finance, the Select Committee on Security and Justice, the Select Committee on Co-operative Governance and Traditional Affairs and the Select Committee on Land and Mineral Resources for consideration and report:

Report of the Taking Parliament to the People programme held in Oudtshoorn, Eden District Municipality, Western Cape Province, 13-17 April 2015 published in the ATC of 10 June 2015.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Science and Technology

Report and Financial Statements of Vote 34 – Department of Science and Technology for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 34 for 2014-15 [RP 288-2015].

2. The Minister of Small Business Development

(a) Report and Financial Statements of the Small Enterprise Development Agency (SEDA) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 310-2015].

Small Enterprise Development Agency Technology Programme Annual Review for 2014-15.

Report and Financial Statements of the Small Enterprise Finance Agency SOC Limited (SEFA) for 2014-15, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2014-15.

TUESDAY, 22 SEPTEMBER 2015

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Bills passed by Houses – to be submitted to President for assent

Bill passed by National Council of Provinces on 22 September 2015:

Merchant Shipping Amendment Bill [B 12 – 2015] (National Assembly – sec 75).

2. Classification of Bills by Joint Tagging Mechanism (JTM)

The JTM in terms of Joint Rule 160(6) classified the following Bill as a section 75 Bill:

Local Government: Municipal Electoral Amendment Bill [B 22 – 2015] (National Assembly – sec 75).

National Council of Provinces

The Chairperson

1. Referral to Committees of papers tabled

Correction (incorrect Committee referral in ATC of 10 June 2015):

The following paper is referred to the Select Committee on Appropriations for consideration:

Submission of the Financial and Fiscal Commission on the Division of Revenue Bill for 2016-2017, tabled in terms of section 9(1) of the Intergovernmental Fiscal Relations Act, 1997 (Act No 97 of 1997), as amended.

TABLINGS

National Assembly and National Council of Provinces

The Minister of Communications

(a) Report and Financial Statements of the South African Broadcasting Corporation (SOC) Limited (SABC) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

(b) Report and Financial Statements of the Independent Communications Authority of South Africa (ICASA) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

(c) Report and Financial Statements of the Film and Publication Board for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

(d) Report and Financial Statements of the Brand South Africa for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 235-2015].

2. The Minister of Finance

Report and Financial Statements of Vote 10 – National Treasury for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 10 for 2014-15 [RP 232-2015].

Report and Financial Statements of the Office of the Pension Funds Adjudicator for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 139-2015].

Report and Financial Statements of the Public Investment Corporation (SOC) Limited for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 150-2015].

Report of the Office of the Tax Ombud for 2014-2015 [RP 352-2015].

Report and Financial Statements of the Development Bank of Southern Africa (DBSA) for 2014-15, including the Report Independent Auditors on the Financial Statements and Performance Information for 2014-15.

3. The Minister of Higher Education and Training

Report and Financial Statements of Vote 17 – Department of Higher Education and Training for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 17 for 2014-15 [RP 269-2015].

Report and Financial Statements of the Agriculture Sector Education and Training Authority (Agri-Seta) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 193-2015].

Report and Financial Statements of the Banking Sector Education and Training Authority (Bank-Seta) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 185-2015].

Report and Financial Statements of Culture, Arts, Tourism, Hospitality and Sport Sector Education and Training Authority (CATHS-SETA) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 188-2015].

Report and Financial Statements of Construction Education and Training Authority (CETA) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

Report and Financial Statements of the Council on Higher Education (CHE) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

Report and Financial Statements of the Chemical Industries Education and Training Authority (CHIETA) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 200-2015].

Report and Financial Statements of Education Training and Development Practices Sector Education and Training Authority (ETDP-SETA) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 180-2015].

Report and Financial Statements of the Energy and Water Sector Education and Training Authority (EW-SETA) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15[RP 318-2015].

Report and Financial Statements of the Financial and Accounting Services Sector Education and Training Authority (FASSET) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 183-2015].

Report and Financial Statements of the Food and Beverages Manufacturing Industry Sector Education and Training Authority (Foodbev-Seta) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

Report and Financial Statements of the Fibre Processing and Manufacturing Sector Education and Training Authority (FP&M-Seta) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 196-2015].

Report and Financial Statements of the Health and Welfare Sector Education and Training Authority (HW-SETA) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 190-2015].

Report and Financial Statements of the Insurance Sector Education and Training Authority (Inseta) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 186-2015].

Report and Financial Statements of the Manufacturing, Engineering and Related Services Sector Education and Training Authority (MER-Seta) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

Report and Financial Statements of the Media, Information and Communication Technologies Sector Education and Training Authority (MICT-Seta) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 182-2015].

Report and Financial Statements of the Mining Qualifications Authority (MQA) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 197-2015].

Report and Financial Statements of the National Student Financial Aid Scheme (NSFAS) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

Report and Financial Statements of the Quality Council for Trades and Occupations (QCTO) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

Report and Financial Statements of the South African Qualifications Authority (SAQA) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

Report and Financial Statements of the Safety and Security Sector Education and Training Authority (SAS-SETA) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

Report and Financial Statements of the Local Government Sector Education and Training Authority (LG-SETA) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 192-2015].

Report and Financial Statements of the Transport Education and Training Authority (TETA) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 184-2015].

Report and Financial Statements of the Public Service Sector Education and Training Authority (PSETA) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

Report and Financial Statements of the Wholesale and Retail Sector Education and Training Authority (W&R-SETA) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 229-2015].

Report and Financial Statements of the National Skills Fund (NSF) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 266-2015].

Report and Financial Statements of the Services Sector Education and Training Authority (SERVICES Seta) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 187-2015].

4. The Minister of Police

Report and Financial Statements of the Civilian Secretariat for Police for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 321-2015].

5. The Minister of Trade and Industry

Government Notice No 710, published in Government Gazette No 39091, dated 13 August 2015: Correction: To the Compulsory specification for energy efficiency and labeling of electrical and electronic apparatus (VC 9008), published by Government Notice R944 of 28 November 2014, made in terms of section 13(1)(a) of the National Regulator for Compulsory Specification Act, 2008 (Act No 5 of 2008).

Government Notice No 756, published in Government Gazette No 39127, dated 21 August 2015: Suspension of the Affordability Assessment Regulations of the National Credit Regulations, 2015.

COMMITTEE REPORTS

National Council of Provinces

Report of the Select Committee on Finance on the Rates and Monetary Amounts and Amendment of Revenue Laws Bill [B15B - 2015] (National Assembly - section 77), dated 22 September 2015

The Select Committee on Finance, having considered and examined the Rates and Monetary Amounts and Amendment of Revenue Laws Bill [B15B - 2015] (National Assembly – section 77), referred to it, and classified by the JTM as a Money Bill, reports it has agreed to the Bill.

Report to be considered.

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Bills

B12-2015 - Merchant Shipping Amendment Bill

Hansard: NCOP: Unrevised hansard

House: National Council of Provinces

Date of Meeting: 22 Sep 2015

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