Hansard: NCOP: Unrevised hansard
House: National Council of Provinces
Date of Meeting: 26 Apr 2012
Summary
No summary available.
Minutes
UNREVISED HANSARD
THURSDAY, 26 APRIL 2012
____
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 10:04.
The Deputy Chairperson (Ms T C Memela) took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
ANNOUNCEMENT OF SPECIAL MEASURES FOR DEALING WITH TECHNICAL DIFFICULTIES BEING EXPERIENCED WITH MICROPHONES
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon members, I will ask Adv Jodie-Anne Niekerk to explain how we are going to be operating because the machine in front of me is not working. I will depend on her to outline it for you.
The UNDER-SECRETARY TO THE NCOP (Adv J-A Niekerk): Deputy Chairperson and hon members, we request that members please refrain from attempting to activate the microphones by pressing the button on the right-hand side of the console. Microphones will be activated by the technical staff seated in the gallery above us. Members who wish to speak should kindly indicate this to the Chair by raising their hands. Please refrain from attempting to activate microphones using the activation button. I thank you.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): I hope this is clear to everybody.
NOTICES OF MOTION
Mr D V BLOEM: Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of Cope:
That the Council urgently and fully debates whether the brutal and inexcusable killing of community activist Andries Tatane at the hands of undisciplined police officers during a peaceful service delivery protest in Meqheleng in Ficksburg was in vain, considering that a full year later the very issues ...
[Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Bloem, please hold on.
The HOUSE CHAIRPERSON (Mr R J Tau): Deputy Chairperson, on a point of order: I don’t know what the relevance of this motion is, precisely because the matter is before the court as we speak.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Are you saying the matter is sub judice?
The HOUSE CHAIRPERSON (Mr R J Tau): Yes.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Bloem, the matter is sub judice. Therefore, we can’t deal with it.
Mr D V BLOEM: Deputy Chairperson, if it was not for the long weekend, I would have debated this. There is a long weekend coming up and therefore I am not going to debate this now. [Laughter.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Bloem, for a change, just try to behave.
Mr D V BLOEM: Deputy Chairperson, I will behave.
Mr M W MAKHUBELA: Voorsitter, daar is ’n gesegde in Afrikaans wat lui, ”Ek meneer, jy meneer, wie sal die wa smeer?” [Chairperson, there is a saying in Afrikaans that is as follows in English: I stout and thou stout, who shall bear the ashes out?] You will hear something about this in my motion.
I hereby give notice that on the next sitting day of the Council I shall move on behalf of Cope:
That the Council –
(1) debates whether the emphasis on the creation of a top-heavy structure within the Police Service, which has seen a heavy concentration on the appointment of generals, was not misplaced as anyone can see that this move has clearly devalued the role and importance of junior and middle-class police officials,
(2) notes that the creation of a huge bureaucratic silo has begun to impact negatively on the police prioritising and fighting crime effectively;
(3) further notes that because the generals are in their air-conditioned offices and no longer close to where the action is, they are unable to give attention to matters on the ground; and
(4) therefore requests a full and proper examination of the structuring of the police with a view to determining whether it was appropriate, advantageous and correct.
Mr R A LEES: Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the DA:
That the Council –
(1) notes that the SA government is persisting with the implementation of e-tolling on Gauteng freeways, despite the extraordinarily high costs of collecting these tolls;
(2) further notes that in the year 2013 the cost of collecting the toll revenue will exceed by R103,7 million the actual toll collected; and
(3) deduces that no toll revenue will be available to pay for the actual costs of the freeway construction or its maintenance.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): With all due respect, Mr Lees, we are all aware that this matter is before the courts. I am pleading with you to try by all means to not touch on such issues. Once a matter is sub judice, there is no need to discuss it until it is over and done with.
Mrs E C VAN LINGEN: Deputy Chairperson, “sub judice” is exactly what hon Bloem was referring to just now. Hon Lees wanted to present a fact. The outcome of his motion will not affect the outcome of the court process. This is a highly technical matter. [Interjections.] I ask for an official ruling on the matter. [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Van Lingen, please listen to me. My ruling on this matter is that it is still sub judice. Let us not argue about that. I know you will argue, but we are not going to continue like this. I have made a ruling.
Ms B V MNCUBE: Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move:
That the Council –
(1) notes with utter dismay and shock the recent horrific gang rape of a 17-year-old mentally challenged girl from Dobsonville, in Soweto, where a group of boys and young men ...
[Interjections.]
Mr D V BLOEM: Deputy Chairperson, on a point of order: This case is sub judice. [Laughter.] It is also before a court of law.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Bloem, I agree with you. Hon Mncube, that is the ruling.
Mr D JOSEPH: Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the DA:
That the Council –
(1) notes that the Democratic Alliance condemns the interference of the office of the President in allowing the National Planning Commission Minister to establish an education forum in the Grabouw community without consultation with the Western Cape government;
(2) debates why the National Planning Commission incorrectly proposed that the forum should attempt to solve the overcrowding of the school without consultation or including the Western Cape education department, which is in the process of finding alternative solutions, namely temporary accommodation for the learners; and
(3) requests that the Constitution be respected and that the constitutional powers entrusted to the Western Cape government be respected.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Joseph, may I draw your attention to one point? There was consultation. Before you say anything, please go back and read thoroughly. [Interjections.] That matter has now been agreed upon by all parties concerned. I am not going to open a debate about this. [Interjections.] Hon Sinclair, please take your seat. [Interjections.] I am rejecting your point of order. I have already indicated that I am not going to open a debate. I was just giving the hon member some information. [Interjections.]
Mr K A SINCLAIR: Deputy Chairperson, with all due respect, the point of order that I want to raise is that it is inappropriate for the Chairperson to make remarks on issues that have been raised by hon members as notices of motion. So, I request, in terms of the Rules, that you refrain from commenting on the issues that hon members are raising, either as notices of motion or motions without notice.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Okay, I note that.
Mr O DE BEER: Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of Cope:
That the Council debates ?
(1) Salga’s funding model, which is stifling smaller municipalities against the poor performance records of most municipalities who lost, through fraud, corruption and other unaccounted-for wasteful expenditure, monies amounting to more than R10 billion, according to the Auditor-General’s report for 2009-10;
(2) that, as a Schedule 3A public entity in terms of the Public Finance Management Act, Salga should explain its expenditure priorities and list of donor funding, as well as its failure to comply with public finance legislation and regulations;
(3) the 89% of municipalities that did not comply with legislation on service delivery performance, leading to municipal audit outcomes highlighting widespread failure to respect the Constitution and to deliver on basic human rights; and
(4) the plight of smaller municipalities, like Beaufort West and the Overberg, which are being held to ransom by the high membership fees of local municipalities and metropolitan municipalities and who have to fork out R9,1 million annually to Salga and cannot pay their staff because they have already exhausted their annual budget.
Mr D A WORTH: Deputy Chairperson, I hereby give notice that on the next sitting day of Council I shall move on behalf of the DA:
That the Council –
(1) notes that R2,1 billion is owed to the various water boards in South Africa by the various municipalities;
(2) further notes that whilst the Department of Water Affairs attempts to ensure that water is supplied to municipalities, much of this water is lost due to poor or ageing infrastructure, as confirmed during the Provincial Week visit by delegates to the various provinces;
(3) realises that Mangaung Metropolitan Municipality and Matjhabeng Local Municipality lose 33% of their water due to burst pipes and leaking taps; and
(4) acknowledges that it is therefore not surprising that municipalities cannot pay the water boards when so much water is lost and not paid for and money will have to be ring-fenced to replace and repair infrastructure in future.
Mrs 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 –
(1) notes that the school governing body of Graslaagte Primary School in Humansdorp, Eastern Cape had a mass meeting with parents on 25 April 2012, where all the stakeholders confirmed that the school would be closed as from 26 April 2012 due to ?
(a) nonpayment of five temporary teachers since January 2012; and
(b) the fact that no appointment had been made since March 2012 in terms of the vacancy of a permanent teacher;
(2) further notes that Graslaagte has 1 423 learners with 46 positions for teachers and only 40 permanently appointed teachers; and
(3) calls on the national Minister of Basic Education to intervene in the situation, as the learners are severely adversely affected.
SUCCESS OF PROVINCIAL WEEK
(Draft Resolution)
Ms M G BOROTO: Deputy Chairperson, I move without notice:
That the Council ?
(1) notes that it undertook a very successful Provincial Week from 16 to 20 April 2012, under the theme “Operation Clean Audit 2014: Advancing our collective efforts to strengthen our municipalities to deliver quality services to our people”;
(2) further notes that the Provincial Week was intended to assess progress that municipalities are making in achieving clean audit outcomes and implementing effective governance structures and systems to achieve clean audit outcomes by 2014 and deliver quality services to communities; and
(3) congratulates all hon members, members of the various provincial legislatures, the SA Local Government Association, councillors, the offices of the Auditor-General in the nine provinces and the officials who worked tirelessly and with the utmost dedication to make the Provincial Week such a resounding success.
Motion agreed to in accordance with section 65 of the Constitution.
NORTHERN CAPE TOP PERFORMER IN ECO-SCHOOLS ENVIRONMENTAL PROGRAMME
(Draft Resolution)
Mr C J DE BEER: Chairperson, I move without notice:
That the Council ?
(1) notes and congratulates the Northern Cape province for having been judged the top-performing province as far as the eco-schools environmental programme is concerned;
(2) further notes that the Wildlife and Environment Society of South Africa, which administers the international programme in South Africa, presented the Northern Cape MEC for environment and nature conservation, Mrs Sylvia Lucas, with a special certificate in Kimberley;
(3) appreciates the excellent work done by everyone involved while mindful that the system must be expanded to more schools as it is the school environment that develops responsible citizens; and
(4) pays tribute to the environmental officers and teachers for the time they put into making the programme a success.
Motion agreed to in accordance with section 65 of the Constitution.
THEFT OF CHEQUES AT ZULULAND DISTRICT MUNICIPALITY
(Draft Resolution)
The HOUSE CHAIRPERSON (Mrs N W Magadla): Deputy Chairperson, I move without notice:
That the Council ?
(1) notes that a 35-year-old man was arrested last week in a hotel apartment in Kwambonambi in Richards Bay for the theft of cheques belonging to the Zululand District Municipality, totalling over R4 million;
(2) further notes that the man registered a company similar to the one contracted by the municipality and used his bogus company to claim the payments, which he used to go on a shopping spree, buy expensive furniture and clothing and host expensive parties in various luxury hotels across the country; and
(3) takes this opportunity to congratulate the police for acting swiftly against this ruffian for his dim-witted, selfish acts to dip his hands into the public purse and feed his stomach and selfish gratification.
Motion agreed to in accordance with section 65 of the Constitution.
Mr D V BLOEM: [Inaudible.] [Laughter.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Bloem, do me a favour. [Laughter.] Sit down as a respectful family man. [Interjections.]
KILLING OF GAUTENG TRAFFIC POLICE INSPECTOR RAVELINO SOLOMONS
(Draft Resolution)
Mrs B L ABRAHAMS: Chairperson, I move without notice:
That the Council ?
(1) expresses its condolences to the family of the Gauteng traffic police inspector, Ravelino Solomons, better known to the community of Eldorado Park as Relly;
(2) notes that Inspector Solomons was killed on Friday evening, 20 April 2012, at a robot just a few hundred metres from the Hillbrow Police Station, allegedly by a taxi driver who earlier during the day had his taxi or vehicle licence confiscated by the Gauteng traffic police; and
(3) hopes that his family and three-year-old child find comfort knowing that they will be kept in the prayers of the community of Eldorado Park and the nation.
May his soul rest in peace and rise in glory!
Motion agreed to in accordance with section 65 of the Constitution.
NATIONAL ORDERS TO BE AWARDED ON FREEDOM DAY
(Draft Resolution)
Ms M P THEMBA: Deputy Chair, I move without notice:
That the Council ?
(1) notes that as part of Freedom Day celebrations on 27 April 2012, His Excellency President Jacob Zuma will award national orders to citizens of South Africa and members of the international community who have made extraordinary contributions to our country and the world;
(2) further notes that among the 31 recipients of this highest accolade are several activists, politicians, musicians, scientists former presidents, as well as Mr Neil Sharrocks of Gauteng, who helped save the lives of 44 children who nearly drowned when their bus fell into a river in Knysna last year and who will be awarded the silver Order of Mendi; and
(3) takes this opportunity to congratulate all recipients of such awards and expresses its gratitude for their selfless service and contribution to make South Africa and the world a better place.
Motion agreed to in accordance with section 65 of the Constitution.
COMMUNITIES REMAIN POOR IN MINERAL-RICH AREAS
(Draft Resolution)
Mr G G MOKGORO: Deputy Chair, I move without notice:
That the Council ?
(1) notes and acknowledges the reality that South Africa’s mineral-rich areas are also home to the country’s most underdeveloped and underprivileged communities;
(2) recognises that the mining industry extracts minerals from communities while such communities remain poor;
(3) further notes that the affected communities are not only those living adjacent to the mines, but also other poor areas such as the Eastern Cape, from where migrant labourers are recruited to work on the mines; and
(4) acknowledges that sustainable development should be a strategic imperative and therefore welcomes the commitment of the industry to assist the relevant provincial governments, including the Eastern Cape, to improve services by investing in programmes that address challenges such as education and health.
Motion agreed to in accordance with section 65 of the Constitution.
OUTBREAK OF NEWCASTLE DISEASE IN NORTH WEST PROVINCE
(Draft Resolution)
Mr M P SIBANDE: Deputy Chairperson, I move without notice:
That the Council ?
(1) notes the outbreak of Newcastle disease, a viral infection that has killed hundreds of chickens in the North West province, in particular in the Greater Taung Local Municipality, the Dr Ruth Segomotsi Mompati District Municipality and elsewhere;
(2) further notes the proactive actions of the provincial department of agriculture and rural development to take measures to control and prevent the spread of the outbreak; and
(3) commends the department for its swift actions and urges all veterinarians, farmers and other role-players to report all further cases immediately and to ensure that all chickens are vaccinated to prevent this highly contagious and fatal disease from spreading further.
Motion agreed to in accordance with section 65 of the Constitution.
PARAMEDICS ATTACKED AND ROBBED IN CAPE TOWN
(Draft Resolution)
Ms M W MAKGATE: Deputy Chairperson, I move without notice:
That the Council ?
(1) notes with the utmost dismay the attack and robbery of two paramedics attending to a scene in Masiphumelele, Cape Town, on Tuesday, 24 April 2012;
(2) further notes that the paramedics were assaulted and robbed of their wallets, cellphones and ambulance keys by a gang of drunk lunatics who had no regard and respect for the sanctity of the work performed by paramedics in saving the lives of people; and
(3) condemns in the strongest possible terms this senseless crime and calls on the people of Masiphumelele to work with the police to ensure that these lunatics face the full might of the law and that communities rise up to protect paramedics in their communities, especially when they respond to emergencies at night.
Motion agreed to in accordance with section 65 of the Constitution.
MURDER OF LAW STUDENT BERNARD SKOSANA AT UNIVERSITY OF LIMPOPO
(Draft Resolution)
Mr V M MANZINI: Deputy Chairperson, I move without notice:
That the Council ?
(1) notes with sadness the passing away of Bernard Skosana, a law student at the University of Limpopo, Turfloop, who was stabbed to death by thugs for his cellphone and money;
(2) further notes that the 21-year-old student was walking from the campus to his room at unit E when he met the suspects, who demanded his cellphone and money;
(3) acknowledges that the student was rushed to the Mankweng Hospital but died on arrival; and
(4) expresses sincere sympathy with and sends condolences to the Skosana family.
Motion agreed to in accordance with section 65 of the Constitution.
CONDOLENCES ON DEATH OF SPRINGBOK BODYBOARDER DAVID LILIENFELD
(Draft Resolution)
Mr W F FABER: Madam Chair, I move without notice:
That the Council ?
(1) sends condolences to the family and friends of 20-year-old David Lilienfeld, who was killed last week after a shark ripped off his leg and he lost a vast amount of blood;
(2) notes that David took to the water with a group of friends and his brother at a surf spot between Gordon’s Bay and Kogel Bay, also known as “Caves”;
(3) acknowledges that a massive shark, presumed to be a great white, attacked him before eventually biting off his right leg, after which David was brought ashore by bystanders and friends but was confirmed dead at the scene by rescue personnel;
(4) recognises that the SA Bodyboarding Association acknowledged that Lilienfeld’s death was a major blow to the sport of bodyboarding; and
(5) further recognises that David was a well-mannered boy who did his best for South African bodyboarding and represented South Africa at the world games in November 2011.
Motion agreed to in accordance with section 65 of the Constitution.
DESTRUCTION OF ILLEGAL GAMBLING MACHINES IN NORTH WEST
(Draft Resolution)
Mr T E CHAANE: Deputy Chairperson, I move without notice:
That the Council ?
(1) notes that the North West MEC for finance, hon Ms Louisa Mabe, led the destruction of more than 1 000 illegal gambling machines that were confiscated from unscrupulous illegal operators in Klerksdorp and Orkney in the Dr Kenneth Kaunda District Municipality, as well as Rustenburg and Brits in the Bojanala region;
(2) further notes that illegal gambling operators have been identified as among the top business entities that are undermining revenue collection in the North West province and other provinces across South Africa and use every possible avenue to flout all laws to protect the rights of consumers and exacerbate compulsive gambling, with no regard for the socioeconomic impact that it has on families whose salaries and grants are wasted on unregulated gambling activities and premises; and
(3) congratulates MEC Mabe for her leadership in putting a stop to illegal gambling in the North West province and calls on all MECs and provinces to emulate the North West and wage a war against illegal gambling.
Motion agreed to in accordance with section 65 of the Constitution.
DA VICTORY IN BY-ELECTION IN THEEWATERSKLOOF MUNICIPALITY
(Draft Resolution)
Mr M J R DE VILLIERS: Deputy Chairperson, I move without notice:
That the Council ?
(1) notes that the by-election in the ward of Theewaterskloof municipality was heavily contested between the ANC and the DA;
(2) further notes that the political atmosphere in the ward, situated in Grabouw, was heated, with political conflict and claims to claim the territory;
(3) acknowledges that the DA wishes to thank the voters in Grabouw for their support in this by-election; and
(4) wishes to send a message to all parties that service delivery in the municipalities is important.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): In light of the objection the motion may not be proceeded with. The motion without notice will now become a notice of motion.
SUSPENSION OF RULE 239(1)
(Draft Resolution)
The ACTING CHIEF WHIP OF THE COUNCIL (Mr S S Mazosiwe): Deputy Chairperson, I move the motion as printed in my name on the Order Paper:
That Rule 239(1), which provides, inter alia, that the consideration of a Bill may not commence before at least three working days have elapsed since the committee’s report was tabled, be suspended for the purposes of consideration of the Division of Revenue Bill [B 4 – 2012] (National Assembly – sec 76(1)) on Thursday, 26 April 2012.
Question put: That the motion be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Motion accordingly agreed to in accordance with section 65 of the Constitution.
DEADLINE BY WHICH NEW AD HOC COMMITTEE ON APPOINTMENT OF BOARD OF NATIONAL YOUTH DEVELOPMENT AGENCY MUST REPORT
(Draft Resolution)
The ACTING CHIEF WHIP OF THE COUNCIL (Mr S S Mazosiwe): Deputy Chairperson, I move the motion printed in my name on the Order Paper. I also draw the attention of the hon members to paragraph 4, which is to set the deadline by which the committee is to report. We apologise and inform you that the date is 31 May 2012.
That the Council ?
(1) notes –
(a) its resolution of 6 March 2012 that extended the deadline by which the Ad Hoc Joint Committee on Request for Recommendation of Candidates for Appointment to Board of National Youth Development Agency had to report to 30 April 2012; and
(b) Joint Rule 138 (5)(b), which provides that an ad hoc joint committee ceases to exist when the date for completion of its task has expired;
(2) resolves, subject to the concurrence of the National Assembly, to re-establish the Ad Hoc Joint Committee on Request for Recommendation of Candidates for Appointment to Board of National Youth Development Agency with the same membership, powers and mandate as its predecessor (Minutes of Proceedings, 6 March 2012, p 503; Announcements, Tablings and Committee Reports, 15 March 2012, p 703);
(3) instructs the committee to incorporate in its work the proceedings and all the work of the previous committee up to and including 30 April 2012; and
(4) sets the deadline by which the committee is to report on 31 May 2012.
Question put: That the motion be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Motion accordingly agreed to in accordance with section 65 of the Constitution.
DEBATE ON FREEDOM DAY – WORKING TOGETHER TO BUILD UNITY AND PROSPERITY FOR ALL
(Subject for Discussion)
The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Deputy Chairperson, hon members, ladies and gentlemen, thank you for the opportunity to participate in the Freedom Day debate in the NCOP on the eve of our 18th Freedom Day celebrations. We all become extremely emotional when we recall the events of that historic day, 27 April 1994, when former President Mandela cast the first vote in a free, united, democratic, nonracial, nonsexist and prosperous South Africa. We recall the dignity and expressions of joy on the faces of the millions of South Africans who patiently waited their turn in the long voting queues for that defining moment when we collectively exercised our fundamental right to determine our common destiny.
This national day also gives us an opportunity to pay tribute to the heroes and heroines who fearlessly sacrificed in pursuit of a free and democratic South Africa. We remember the prisoners and detainees who suffered greatly within the confines of torturous prison walls, and our brothers and sisters who were banished from the land of their birth and exiled from their loved ones. We salute these men and women, past and present, for it is through their selfless struggle that South Africans enjoy the benefits of a constitutional democracy.
Eighteen years later we must also reflect on the gains we have made and be mindful of the journey that still lies ahead in strengthening our democratic nation. As former President Nelson Mandela reminded us on 27 April 1995, on the occasion of the first year of celebrating our hard-won freedom:
We have learnt, over the first years of freedom, that there is no short-cut to making South Africa the country of our dreams.
It requires hard work by those entrusted with positions of responsibility in government.
It demands that workers and employers work together to produce efficiently and compete with the best in the world, to achieve equity and to help create more jobs.
It requires hard work on the part of farmers and farm workers, to feed the nation and provide raw materials, even in the face of adversity.
It requires hard work by students and teachers to build a literate, skilled and learned nation.
It requires greater exertion by our sportspersons and artists to always offer the best for the country and its people.
It demands of all of us, wherever we may be, to exercise our rights as citizens; and do so without infringing on the rights of others.
South Africa is firmly set on the road to peace and prosperity. In the spirit of Masakhane we must, as a nation, strive to do better, and even better, all the time.
The theme for today’s debate is “Working together to build unity and prosperity for all”. Freedom Day gives us the opportunity to give effect and meaning to the preamble of our Constitution by, among other actions, honouring those who suffered for justice and freedom in our land, respecting those who have worked to build and develop our country and believing that South Africa belongs to all of us who live in it, united in our diversity.
The motto of the South African coat of arms so succinctly captures what bind us together as a nation: “!ke e:/ xarra // ke” is written in the San language of the /Xam people and the literal meaning is “diverse people unite”. It addresses each individual effort to harness the unity between thought and action. On a collective scale it calls for the nation to unite in a shared sense of belonging and pride.
As we celebrate Freedom Day, it is necessary to reflect on the history that made our constitutional democracy a reality. We should take pride in our national anthem, our national flag, our national coat of arms, our national orders and our national symbols, as they are all intertwined and linked. Each has its own rich and unique story and place in the history of South Africa.
The national orders, the highest awards that the country, through its President, bestows on its citizens and eminent foreign nationals, range from the Order of Mapungubwe, awarded for excellence and exceptional achievement, to the Order of Luthuli, awarded to South Africans who have made a meaningful contribution to the struggle for democracy, human rights, nation-building, justice and peace, and conflict resolution. As we celebrate Freedom Day, the President will also recognise and honour people who have made and are making a contribution to the rebirth of our country.
As hon members are aware, more than 500 persons who played a role in the struggle for freedom went missing and were reported to the Truth and Reconciliation Commission, TRC, as being unaccounted for. The burning memory of lost loved ones is a painful and necessary reminder of why Freedom Day is so important. A special missing persons task force has been established under the auspices of the National Prosecuting Authority to attend to the tracing, exhumation and reburial of such persons. The investigations have already led to the discovery and reburial of the remains of 53 missing persons. The forensic examination and identification of a further 24 missing persons are also in progress.
Most recently, on 3 April 2012, Minister Radebe addressed the cleansing ceremony and spiritual repatriation of Oupa Ronald Madondo. Oupa Madondo was recruited into the ANC in the early 1970s, where he was known as MK Scorpion. In July 1979, he was detained under the Terrorism Act and later released after being severely assaulted and tortured. During that same year he was shot dead by the security police and his mortal remains were blown apart in the middle of the Jozini Dam by a bomb attached to his body.
Minister Radebe reminded the community that during that same year yet another young soul lost his life, namely Solomon Mahlangu, whose words continued to ring as an inspiration to many other freedom fighters when he declared that his blood would nourish the tree that would bear the fruit of freedom. Countless others lost their lives in the struggle against apartheid, which left the chairperson of the TRC, Archbishop Emeritus Desmond Tutu, and many others in tears at the brutality revealed in some of the confessions.
In our 18th year of freedom, we have made steady progress towards achieving peace and prosperity, as President Jacob Zuma said at the 17th Freedom Day celebration last year:
We are proud of the substantial progress we have made together since 1994. In comparison to many countries that have deteriorated after liberation, we have done exceptionally well, against all odds, in only 17 years.
At the national Human Rights Day celebration, held in Kliptown, Soweto, the President elaborated further on this journey of freedom since 1994:
To give meaning to our freedom and to implement the provisions of the Constitution, from 1994, the democratic government immediately focused on building a new nonracial, nonsexist, democratic and prosperous society.
During the first 10 years of democracy, Parliament approved 789 laws or amendments to eliminate institutionalised racism from our Statute Book. The democratisation of the three arms of the state – the executive, judiciary and legislature ? began. The Chapter 9 institutions were established to strengthen and protect constitutional democracy and human rights.
To give effect to socioeconomic rights, government, working with the people, has over the years expanded the delivery of social services. Since 1994, the national housing programme has delivered 2,8 million houses. This has provided shelter to 13,5 million people, making the programme one of the world’s largest subsidised housing programmes. By December 2011, we had provided 87% of rural households with water and 75% with access to sanitation.
The Constitution specifically mentions social security as a human right. Government provides social grants to about 15 million people, mainly vulnerable groups such as children, older persons above the age of 60 and people with disabilities. Access to education is being broadened through extending no-fee schools, enabling 8 million children to obtain a free education, and also through the conversion of tertiary institution loans into bursaries for qualifying students.
With regard to health, among many improvements a total of 29 hospitals in rural and urban areas are under construction, while 17 others are in the planning and design stages. In the long term, the National Health Insurance system will improve our health care, especially for the poor.
Over 231 000 households gained access to water between 2009 and 2011. Almost 82% of households are now connected to the main electricity supply.
We have indeed done well in a short space of time. However, we are aware that as more people gain access to these socioeconomic rights many more still live in hardship, due to centuries of neglect. One of the challenges that we still face is to ensure that freedom must also mean freedom from violence against women and children in all its forms, racism, xenophobia, hate speech and discrimination against persons on the basis of their gender or sexual orientation. Government is committed to eradicating this scourge by working together with all in society, because an injury to one is indeed an injury to all. Government condemns in the strongest terms the recent spate of violence of a sexual nature against children and persons with disabilities, some of which was allegedly committed by children and young adults.
Government has established a comprehensive legal framework through a number of legislative amendments to ensure that all role-players in the criminal justice system have the necessary legislative framework within which to investigate, prosecute, sentence and rehabilitate sexual offenders. The National Prosecuting Authority, NPA, has a specialised directorate in the Sexual Offences and Community Affairs Unit, which supports the prosecution of cases involving mainly women and children with a view to, among other goals, improving the conviction rate in gender-based violent crimes and reducing secondary victimisation.
The 30 Thuthuzela Care Centres, which provide multidisciplinary services to victims of sexual offences, are making a positive impact in the conviction rate and the roll-out of such centres is continuing. It is the intention to establish a further five Thuthuzela Care Centres by the end of the current financial year, bringing the total to 35. In the past year, Thuthuzela Care Centres have attended to no fewer than 28 000 victims of sexual offences. However, it is only through working together that we will be able to be in a position to successfully address this shameful scourge.
In a few days’ time, on 8 May 2012, we will also celebrate the 16th anniversary of the adoption of the Constitution of the Republic of South Africa here in this very parliamentary precinct where the new Constitution was adopted by the Constitutional Assembly. The Constitution created a new fundamental legal order based on the principle of constitutional supremacy, in which all branches of government are bound by a Constitution that includes a Bill of Rights designed not only to end centuries of abuse of human rights but also to promote those rights.
One of the pillars on which our constitutional democracy rests is the separation of powers between the legislature, the executive and the judiciary. This separation ensures that each branch of government does not exceed its constitutionally assigned authority. A well-developed system of checks and balances forms part of the Constitution. These include judicial review, legislative oversight over the executive and a number of independent, specialised institutions established by the Constitution to strengthen constitutional democracy.
The transition from apartheid to constitutional democracy has produced an exciting and vibrant response to the development of a human rights culture in South Africa. South Africa is party to major international and regional human rights treaties and is therefore bound by its obligations to respect human rights. Upon reflection on the provisions contained in these international agreements on human rights and taking into account the prerequisites for good governance and a constitutional democracy, we are unanimous in our view that our Constitution not only meets these prerequisites but transcends the parameters set out in these instruments.
The Constitution holds the promise of respect for human rights, freedom, equality and social justice. We know that there can never be full enjoyment of freedom and liberation by South Africa’s people if the majority of her sons and daughters remain trapped in the social evils of inequality, poverty and unemployment. As we steadily move forward towards South Africa’s 19th year of freedom, the responsibility rests with us to unite in action and to effect social change for the betterment of our people. We must rededicate and recommit our collective efforts to the constitutional goals we have set ourselves. To make this a reality, there rests a duty on the hundreds of thousands of public servants to commit to going the extra mile and improving service delivery to all the people of South Africa.
In conclusion, the government reaffirms its commitment to consolidating democracy and promoting cultural diversity and social cohesion in South Africa. As we celebrate living in a system that guarantees humanity, never again will humanity be taken away from any South African, irrespective of race, gender, creed or sexual orientation. The government is investing in infrastructure to develop the country while creating jobs and fighting poverty at the same time. The government is commemorating all the heroes and heroines and the role played by ordinary citizens in the country and abroad and calls upon on all South Africans to unite in creating a better future for all. Nation-building requires all South Africans to live by example, ensuring that the values and principles enshrined in the Constitution become a living reality in the development of fully functional communities.
As we celebrate the Bill of Rights, which distinguishes us from other nations of the world and guarantees all South Africans freedom from the repression and hatred that characterised our past, we have a responsibility to ensure that our democracy and freedom is maintained and strengthened for future generations. Nkosi Sikelel’iAfrika, God seën Suid-Afrika, Morena boloka setjhaba sa Heso, God bless South Africa. [Applause.]
Mm M G BOROTO: Ngiyathokoza Sekela Sihlalo, ngithokoze namaLunga ahloniphekileko weNdlu, neenthunywa ezikhethekileko, nomhlonitjhwa iSekela lakaNgqongqotjhe wezoBulungisa nokuThuthukiswa komThethosisekelo, bomma nabo baba. (Translation of isiNdebele paragraph follows.)
[Ms M G BOROTO: Thank you, Deputy Chairperson, and thank you, hon members of the House, distinguished guests, hon Deputy Minister of Justice and Constitutional Development, ladies and gentlemen.]
I am standing here feeling very honoured and privileged indeed to be taking part in this very significant debate in which we commemorate the 18th anniversary of the freedom of our country.
Umntwana nakakhulako ngendlini, nakaba neminyaka elitjhumi nobunane, siba nokuqala ngapha nangapha siqalisise bona umntwana lo usiphathele ini. Lokho sikwenza ngombana sazi bonyana umntwana nakafika kileyominyaka sekakhombisa bonyana uzokuba umuntu onjani. Siyamqala begodu sibe nethemba, sibone nengomuso elihle, sifune ukubona bonyana uyakuphi nepilo. Bese simsize bona afike lapho afuna ukufika khona. (Translation of isiNdebele paragraph follows.)
[When a child grows up at home and reaches 18 years of age, we start to wonder what he is going to do for us. We do that because normally we know that when the child reaches that age he will show us what kind of person he will be. When we look at him we normally see hope and a bright future. We also see where he is headed in life and assist him to reach his destination.]
Deputy Chairperson, this year’s Freedom Day and the theme we have chosen for our debate, namely “Working together to build unity and prosperity for all”, are made even more relevant because they coincide with our movement’s declaration of this year as the year of unity in diversity. It is the year in which, on 8 January 2012, we celebrated 100 years of our illustrious movement. We say this because unity and diversity are the two most important fundamental impulses of the ANC and our struggle for freedom.
The theme that we have chosen for our debate reaffirms our commitment to break with our tragic and divided past. It reasserts the pledge and solemn undertaking we made after the demise of apartheid rule. When we came to power in 1994, we pledged that we would work tirelessly with all our people to break the discord of our divided past and build a united, democratic, nonracial, nonsexist and prosperous society.
Allow me, Deputy Chair, to take this moment to pay tribute to the selfless efforts of the many heroes and heroines and millions of ordinary South Africans who, day in and day out, resisted the oppression and fought tirelessly for freedom and democracy in our land. We are truly grateful for their sacrifice and contribution to the struggle for liberation. It is through their tireless efforts that we convene today to celebrate our freedom and narrate the profound story of our nation’s progress from the bondage of oppression to the path of democracy, racial justice and freedom.
As the ANC, we rise today with great humility and the utmost appreciation for the role that the forebears in our movement played in the fight for liberation in our country. We acknowledge the brutalities of our tragic past – the detentions without trial, the disappearance of our people, deaths in detention, the hanging of those opposed to apartheid rule, imprisonment without trial, massacres of innocent people, forced removals, banishment, the Group Areas Act and many more laws that made the lives of black people unbearable – and give testimony that our freedom did not come free.
Ever since the ANC was founded in 1912, it has dedicated itself to the historic mission of uniting our people in the struggle for liberation. As the ANC today, we remain committed to these ideals and we are resolute in our resolve to unite our people and ensure a prosperous South Africa.
The great son of Africa and a veteran of our fight for freedom, former President Nelson Rolihlahla Mandela, once challenged all of us to work tirelessly when he said:
... we shall build a society in which all South Africans, both black and white, will be able to walk tall, without any fear in their hearts, assured of their inalienable right to human dignity - a rainbow nation at peace with itself and the world.
Former President Nelson Mandela challenged all of us to never again let this beautiful country of ours “suffer the indignity of being the skunk of the world”.
To many of us and millions of our people, this momentous day of the dawn of freedom in our land, 27 April, came as a great beacon of hope. The commemoration of Freedom Day always brings with it the opportunity to recommit and rededicate ourselves to the ideals of freedom and democracy. The day gives us the opportunity to rise up and live out the true meaning of the creed laid out in our Constitution and the civil liberties that it guarantees our people.
This day calls upon all of us to ensure that in our daily deeds and words we become advocates of hope, prosperity, freedom and respect for each other's rights. It reminds all of us as leaders of our people that we have an even greater duty and responsibility to preach a message of hope to our people that this nation we have today shall never regress to the dreaded days of apartheid. We must show our people that this great nation of ours has chosen hope over fear and unity of purpose over conflict and discord. This day calls upon all of us to continue inculcating in our people a belief in the justice and dignity that our Constitution accords them.
It is tragic that almost 18 years into our democracy some of our people continue to endure the dehumanisation associated with the apartheid era. They are regarded as lesser human beings and are even called “refugees” in their country of birth. It is our clarion call to all South Africans to refuse to be in the company of those who use divisive language and the words that served to characterise our people during the dark days of apartheid. We should speak out against such individuals, regardless of their position in society. We must rise without any hesitation to condemn their shameful words, deeds and intentions, which are divisive, backward and narrow-minded. We cannot allow racism or racist attitudes to prevail in our society and communities. We must therefore work harder to defeat elements of racism, sexism, homophobia and xenophobia.
The challenges facing our people are multiple and complex but we remain determined to build a prosperous South Africa. We have moved with the utmost speed to dismantle the laws that created the foundation for the neglect and isolation of our people in the country of their birth. We have expanded access to education, health care and other inalienable rights guaranteed by our Constitution. We are on the path to building a better quality of life for all and ensuring that our nation continues to prosper.
We are aware that some of our people still face poverty, have no access to basic services and are unemployed. But steadily, as I said when I started, umntwana okhulako ufunda kophambili abone bona kwenziwa njani [a growing child is learning from the old ones to see how things are done].
The dark clouds of despair are clearing.
Isokana naliba neminyaka elitjhumi nabunane sithoma ukubona bona lizokusiza njani ngekhaya nasifuna isizo. Lokho kuyakhombisa bona akuzenzakaleli bonyana nasiba neminyaka elitjhumi nabunane sikhula njalo sinethemba sibe sigidinga ukufikelela eminyakeni elikhulu.
(Translation of isiNdebele paragraph follows.)
[When a boy reaches 18 years of age, we start to notice how the boy is going to assist us at home when we need assistance from him. That shows that it does not just happen out of nowhere that we reach 18 years of age; we always grow up having hopes until we reach 100 years of age and celebrate.]
We have bled from a thousand wounds in progressing towards our country’s healing. We are a nation at work, building a better life for all our people. [Time expired.] [Applause.]
Mr V M MANZINI: Deputy Speaker, Madam Chair, and all protocol observed, Freedom Day is an annual celebration of South Africa’s first nonracial, democratic elections of 1994. Peace, unity and the preservation and restoration of human dignity are the hallmarks of Freedom Day celebrations on 27 April each year. In the spirit of building a South Africa that belongs to all, Freedom Day celebrations are intended to unite all South Africans in consolidating our country’s democracy.
The road to democracy was a long and difficult one. All people of colour were denied the vote and hence a say in the running of the country. South Africa was never truly independent or democratic. The exclusion of the majority of South Africans from political power was at the centre of the liberation struggle and resistance to white minority rule. Blacks were systematically herded into restricted areas and homelands, and their right to equal opportunity was denied. [Interjections.]
It is a fact that South Africa belongs to all who live in it ? black and white. Blacks and whites fought for this liberation, this freedom. The Soweto uprising of 1976 saw increased militancy ? I am proud to say I was one of the participants. Even the church could no longer stand by silently but added its voice to the liberation struggle. The state of emergency failed in an attempt to suppress the freedom movement. By 1998, a stalemate had been reached.
What next? That was the question we had to ask ourselves. The government began looking for a way out. As a result, negotiations with the ANC leadership started. The ANC, SACP, PAC and other organisations were unbanned on 2 February 1990. The winds of change were blowing in the sky of Africa. A nonracial Constitution was eventually agreed upon and adopted in 1993. The new Constitution came into effect on 27 April 1994 ? the day the nation cast its vote in the first democratic elections in the country. Nelson Rolihlahla Mandela was inaugurated as the President of South Africa on 10 May 1994.
Tomorrow our country will be celebrating Freedom Day to mark the liberation of our country and its people from a long period of colonialism and white minority domination. Freedom Day is a day for all South Africans. When South Africa was liberated, both the oppressor and the oppressed were liberated. Today we proudly say, “one nation, one future”.
Een nasie, een toekoms. [One nation, one future.]
It is therefore imperative for South Africans of diverse political and economic backgrounds to work together towards a common objective. On Freedom Day, we celebrate the relentless efforts of those who fought for liberation, the heroes and heroines who took up arms and courted imprisonment, banning and torture on behalf of the oppressed masses.
One is tempted to ask the question: Are we really free, when our people remain poor and unemployed and display unwarranted violence due to poor service delivery? On Freedom Day, we remind ourselves to defend our Constitution. We need to ensure that all our people enjoy the fruit of these freedoms, not merely as theoretical rights but as part of the daily life experience of all South Africans. Freedom should mean emancipation from poverty, unemployment, racism, sexism and other forms of discrimination, but poverty continues to exist for many black people, women, children, the disabled and the elderly.
We need to continue to work together to eradicate poverty, racial inequalities and socioeconomic disparities. Freedom Day means something very valuable – it is the necessary condition for us all to achieve the vital and fundamental objective of a better life for all.
I would like to conclude by saying, Harambe!, which means to work together and pull together, in one line, peacefully and harmoniously. Khanimambo. [Thank you.] [Applause.]
THE DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon members, I plead with you that we should not interject when someone is speaking. Let us give each other time to express ourselves without interjections, please, irrespective of affiliation. Veteran, you should set an exemple.
Cllr F SCHIPPERS (Salga): Deputy Chairperson, hon Deputy Minister of Justice and Constitutional Development, hon members and special delegates, Freedom Day marks a founding moment in our country’s history, when all South Africans were for the first time afforded the opportunity to vote and elect a government of their choice. In our context freedom should not only mean the ability to exercise the democratic right to vote but also the emancipation from the triple challenge of poverty, unemployment and inequality, as well as racism, sexism and other forms of discrimination.
Yet, this day also marks an important opportunity to reflect on the road travelled and the many successes we have attained in expanding services and opportunities to millions more of our people. Many people who did not have opportunities before now enjoy the benefits of freedom. Equal access to opportunities is a critical indicator on the freedom barometer, if we had such a thing. Therefore we cannot rest for as long as challenges remain that prevent all South Africans from enjoying their freedom ? being free from poverty, inequality and discrimination. Indeed, these challenges remain key enemies to our collective goals.
This year’s theme, “Working together to build unity and prosperity for all”, highlights the fact that all sectors of society need to play an active role in realising our freedom, which will ultimately lead to unity and prosperity for all. In terms of the manifestation of inequality at local government level, our transformation from a society rooted in discrimination and disparity to a constitutional democracy posed, and continues to pose, particularly profound challenges. It is here that acute imbalances in personal wealth, physical infrastructure and the provision of services were and are often most obvious. The establishment of nonracial municipalities did not eliminate the disparities of the past. Thus, local government is the key site of delivery and development and is central to the entire transformation project of the new South Africa.
However, South Africans also have an obligation to be actively involved in the programmes of local government through public participation processes, such as the development of integrated development plans and ward committees. These are but some of the avenues for ensuring that citizens work together with councillors and local government to build prosperity for all.
Local economic development, LED, is a vital component of addressing, in innovative local ways, the triple challenge of poverty, unemployment and inequality. It empowers local initiative to ensure that local solutions are found for local problems. The Expanded Public Works Programme and community works programme are also important in achieving these goals ? as are LED networks that identify, document and disseminate good LED practices by creating a forum to exchange knowledge and successful LED practices. Tourism remains a key driver of LED and the potential of this sector needs to be fully explored. The potential for LED to alleviate poverty and build prosperity for local people must be harnessed and has never been more important.
Local government has thus been given a very broad and challenging set of responsibilities. Effective performance against these expectations can only be met with coherent and co-ordinated support from national and provincial government, organs of state and civil society. The strengthening of co-operative governance and intergovernmental relations is therefore critically important. Enhanced co-operation and unity of action from national, provincial and local government will enable government to meet the needs of South Africans more effectively and to build the prosperity we so desire. It is therefore vitally important that we accelerate our efforts to tackle the constraints hampering effective co-operative governance.
In conclusion, Freedom Day serves as a reminder to us that the attainment of our collective freedom requires us to continually work together to eliminate the triple challenges of poverty, unemployment and inequality, for it is only once these are eliminated and all South Africans enjoy a prosperous life that true freedom for all will be achieved.
We are committed to working with our partners in government, civil society and, most importantly, our citizens to ensure that this goal becomes a reality. It may be a long walk, but the sacrifices of so many people remind us that we dare not fail. Baie dankie. [Thank you.] [Applause.]
Mr J J GUNDA: Deputy Chairperson, hon Deputy Ministers who are here, hon members and the people who are listening to us, allow me to say that tomorrow we will be 18 years into a new democracy. When we look back ? and I agree with the President when he said this in this House the other day ? we, as South Africans, will realise that we have achieved a lot. We are the only country in Africa that can stand up and say, “This is what we have achieved.”
However, there is a big challenge in our country. Coming up to Freedom Day, we need to be honest with ourselves. Yes, we can solve our problems and we are on our way, but the challenge is so big that it takes a long time to overcome. The wheels are turning so slowly that some of our people are perishing before reaping the fruits of this freedom.
I want to plead with this government to show commitment. I would like to ask government one thing, and this thing is written in the Word of God, in the book of Ecclesiastes. According to Ecclesiastes, there was a big city that a certain king wanted to destroy. There was a poor old man who, through his wisdom, protected and saved that city but no one remembered that poor old man. All I want to say to my colleagues and everybody gathered here is that we should celebrate tomorrow and remind ourselves that there are poor people out there who need us. The youth out there need to be educated. The inequality in this country really is something we need to tackle with both hands and feet and everything we have in order to achieve the goal we so desire.
Allow me to conclude by saying that the Northern Cape is not a poor province. It is very rich in minerals ? but some of the poorest people are found in that province. Why? Because of this inequality! We need economic freedom in the Northern Cape and throughout this country for our people to enjoy real freedom. [Applause.]
Mrs O R KASIENYANE (North West): Deputy Chair, hon Ministers present here, hon members, I appreciate the opportunity to participate in the debate on national Freedom Day, which the country will be celebrating tomorrow, 27 April 2012. On this day our freedom will be 18 years old. Our freedom is in its teenage years, an age category in which proper monitoring and guidance is needed to sustain our constitutional democracy.
This is a significant day of reflection and celebration for all the people of South Africa and our friends across Africa and the world. On this day we celebrate the attainment of freedom, democracy, national reconciliation, unity and the restoration of human dignity. We celebrate a Freedom Day that brought us, black and white, together across the racial divide. We are celebrating freedom and democracy obtained through the blood, sweat, tears and sacrifices of scores of freedom fighters, ordinary South Africans and freedom-loving people in Africa and the world. On each Freedom Day, we remember that scores of South Africans laid down their lives so that we could be free.
We are proud of the substantial progress we have made together since 1994. In comparison to many countries that have deteriorated after liberation, we have done exceptionally well, against all odds, in only 18 years. We have established a solid, sound, stable and functional constitutional democracy.
Our task at the moment is to make sure that the gains we have made since 1994 translate into the economic betterment of our people's lives. To broaden economic empowerment to reach the masses of our people, we encourage various forms of collective ownership of the economy, such as employee shareholding schemes, co-operatives and public ownership.
We know that many more South Africans still need water, electricity, sanitation, jobs and other basic necessities. That is why we must continue working together to expand access to services and reverse the legacy of apartheid and colonial oppression.
When we celebrate our achievements and ponder the work that must still be done, we must never forget the huge sacrifices that were made for our freedom. Many South Africans laid down their lives so that we could be free. We should never allow ourselves to lose sight of the value of our freedom. All South Africans, black and white, must continue to work together to deepen the reconciliation and unity of the rainbow nation, as encapsulated by the theme for this year, 2012, which is "Working together to build unity and prosperity for all".
We must recognise that South Africa is a country blessed with massive mineral wealth, which could provide resources for a flourishing society. But thanks to apartheid’s rapaciousness, there is a legacy of immense poverty and deprivation for the majority of the people. In dealing with this matter, the ANC-led government chose to implement an economic policy that has been successful in introducing macroeconomic stability and, until recently, low inflation, a balanced budget and a sound economic framework.
The government had no illusions about the fact that the political freedom that we attained in 1994 would be meaningless without the economic freedom of the majority of South Africans who were subjected to all forms of deprivation and poverty. Our economic policies have created a good grounding for business to flourish in the South African market but besides the cushion that most South Africans enjoy against poverty occasioned by the social security net, a lot still has to be done to empower our people economically.
Unemployment, poverty and underdevelopment are still challenges that government must confront, especially unemployment among the youth of our country, but linked to this is the need to re-examine what freedom means from the perspective of our social transformation agenda. This matter calls upon us to create a society that is the embodiment of social virtues that serve as examples to our young children, and there is the concomitant responsibility to cultivate a culture of respect for human dignity among our children.
Our moral regeneration programme cannot be more relevant than at the present time, when we are seeing a prevalence of social ills that is unprecedented in our history. The story of the teenage girl allegedly being raped by a group of young boys and the video thereof being posted on the social communication networks is a departure from the norms and standards of a good society; the kind of society we are attempting to build. This matter embodies an utter disrespect for the rule of law and is a setback for our campaigns against gender-based violence and oppression. This kind of behaviour must be uprooted in all its forms and manifestations.
Our children cannot enjoy freedom under circumstances like these and it is increasingly becoming a cause for concern that the social communication media are contributing towards a culture of moral degeneration. I base this on the reported incidence of date rape, the posting of messages that border on immorality and the posting of pictures and videos that explicitly reveal sex, and the fact that there appears to be no regulation or limit to access of what is posted on the likes of Twitter, Facebook and others. Our freedom cannot find practical expression under these circumstances and we call on our youth to desist from engaging in practices that can only harm their future and consequently the future of our country as a whole. A happy Freedom Day to all of you. [Applause.]
Mr O DE BEER: Chairperson, Ministers and hon members, in 1994 the father of our nation, Nelson Mandela, declared to the world: “Let freedom reign. The sun shall never set on so glorious a human achievement.” We celebrated that “glorious human achievement” with him and we were determined that the sun would never set on that achievement. That was a time of belief for all of us. It was a time to look forward and to be proud. The whole world looked at us in amazement. Regrettably, in the lifetime of our great and iconic leader, the enhancement of the freedom of others has receded into the background. Our glorious human achievement has been sullied by legislation taking us back to where we were coming from. [Interjections.]
In recent days we witnessed how government spokespersons savaged Reuel Khoza for his warning that although South Africa is widely recognised for its liberal and enlightening Constitution, we are observing the emergence of a strange breed of leaders who undermine the rule of law and override the Constitution. Mr Khoza further warned that South Africa was fast losing the checks and balances provided by the Constitution. [Interjections.]
Over the past few years we have seen the dismantling of the Scorpions and the strenuous attempt by government not to include a public defence clause in the Protection of State Information Bill. We have seen government lose many court actions and we have heard Deputy Ministers and others criticising the Constitution. Government’s reaction to losing in the courts has always been predictable. It has tried to intimidate the judiciary by suddenly proposing a review. [Interjections.]
The struggle for liberation, which ended in a grand triumph in 1994, unfortunately needs to be revived. We need to mobilise our people once again and stand in defence of our Constitution against the so-called ...
Ms M G BOROTO: Deputy Chair, I am rising on a point of order: The speaker refers to the review of the Constitutional Court as something that comes from the air. It comes from the Constitution. It should not be compared to something that is plucked from the air.
Mr O DE BEER: I don’t understand the point of order. The Constitution is part of ... [Interjections.]
Ms M G BOROTO: The point of order is that the speaker is being misleading. He is misleading this House by giving them wrong information. The review of the Constitution is a mandate that we get from our country’s Constitution of 1996. [Interjections.]
Mr O DE BEER: I hope my allocated speaking time will be protected.
Members of this House must understand the need to protect the great legacy of those who made great sacrifices so that we can be free today. If we do not act in defence of our Constitution, our children will hold us responsible. Many politicians are also intimidated because the security institutions of the state appear to be misused to achieve political ends. Politicians do not speak their minds. They must simply toe the line.
On this Freedom Day, let us take stock of where we are coming from and where we are going. Let us be determined to protect the constitutional freedom that we have, so that our children can continue to enjoy the day that we are celebrating tomorrow.
Mr S P D SKHOSANA (Mpumalanga): Deputy Chair, Deputy Ministers and hon members, I am honoured to address our nation on the eve of the historic day of 27 April, the day that echoes the triumph of freedom over oppression and, yes, even the triumph of good over evil. I am equally honoured to debate and celebrate this important day on our national calendar in the city that saw the arrival of the first colonisers of our country in 1652, which is the Cape of Good Hope, as it used to be called by the colonisers.
It is here in this beautiful land of our forefathers where the struggle for liberation was fought by generations of heroes and heroines ? fearless cadres, brave students, determined workers and powerful men and women who were convinced that it was their mission to bring us our freedom. Fear of death would not stop them. This movement gained strength as new generations joined them. Their only purpose was that the next generation would live to taste the fruits of freedom. For this reason martyrs like Solomon Kalushi Mahlangu, when he was facing the gallows, bade farewell to the nation with these words: “Tell my people that I love them ... and my blood shall water the tree of liberty and freedom.”
On this special day we should celebrate our maturing constitutional democracy whose seed we planted on 27 April 1994. This nation has indeed trudged a tortuous journey from a divided, embittered past to a democratic society based on equality, equity, dignity and respect for human rights.
It is important to recall some of the events prior to the adoption of our universally envied Constitution. Despite the signing of the National Peace Accord in September 1991, increasing levels of political violence almost derailed the negotiations on a number of occasions. To credit the politicians involved, they stuck to the process. You will remember that the now defunct National Party government’s efforts to negotiate a solution were sanctioned by the overwhelming support it obtained in a lily-white referendum on political change held in March 1992, while the ANC’s efforts were boosted from time to time by campaigns of rolling mass action.
The all-party negotiations formally began with the convening of the Convention for a Democratic South Africa, Codesa, on 20 December 1991 and ended two agonising years later, with the adoption of the interim Constitution by the tricameral Parliament on 22 December 1993.
At Codesa, the parties agreed on a two-stage transition, which the Constitutional Court succinctly described as follows:
Instead of an outright transmission of power from the old order to the new, there would be a programmed two-stage transition. An interim government, established and functioning under an interim constitution agreed to by the negotiating parties, would govern the country on a coalition basis while a final constitution was being drafted. A national legislature, elected (directly or indirectly) by universal adult suffrage, would double as the constitution-making body and would draft the new constitution within a given time.
To cut a long story short, we now know that the interim Constitution was formally adopted as an Act of the predemocratic tricameral Parliament, ensuring the legal continuity of the South African state. After the 1994 elections, the new Parliament and a Government of National Unity were established and began to function in accordance with the interim Constitution, which came into force on 27 April 1994.
The interim Constitution was a transitional constitution. One of its principal purposes was to set out the procedures and modalities for the negotiations and drafting of a final constitution. Once the 1996 Constitution was adopted, the interim Constitution was repealed and it fell away.
We need to remind ourselves of these important historical events in our country as we celebrate 18 years of freedom in our lifetime during the ANC’s centenary year. In fact, the 1996 Constitution completed South Africa’s constitutional revolution. Whereas the interim Constitution was not the product of a democratically elected body, the 1996 Constitution was drafted and adopted by an elected Constitutional Assembly. The Constitutional Assembly was, in effect, the Parliament that had been elected in the 1994 elections, under a different name. According to section 68(1) of the interim Constitution, the Constitutional Assembly consisted of the National Assembly and the Senate, sitting jointly. The final text of the Constitution had to be adopted by a two-thirds majority of the Assembly. In the final analysis, the actual majority voting in favour of the Constitution was 86%. We now also know that the Constitutional Assembly made concerted efforts to involve the public in the constitution-writing exercise and to avoid the charge that had been levelled at the interim Constitution, namely that it was an “elite pact”.
I am aware that the appropriate theme under which we are celebrating this Freedom Day, namely “Working together to build unity and prosperity for all”, urges us to remember the basic principles that underlie the constitutional order. These are constitutionalism, the rule of law, democracy and accountability, the separation of powers with checks and balances, co-operative governance and the devolution of power. Some of the principles are expressly entrenched in the text of the Constitution, particularly in section 1, which lists, inter alia, human dignity, equality and the advancement of human rights and freedoms, nonracialism and nonsexism, democracy, supremacy of the Constitution and the rule of law as the values on which the state is founded. Indeed, other principles are implicit in the text.
It is worth noting that the celebration of 18 years of freedom in our country coincides with the reality that the ANC will be converging in the not-too-distant future, when it will be holding its national policy conference. I had the opportunity to peruse several policy documents, in particular the one titled “Social Transformation”, which says in its introduction, under subsection 1(3), that in the current phase of the national democratic revolution, the ANC, as the leader of the motive forces of social transformation, agreed that we must intensify work in the five pillars of social transformation, namely the state; the economy; organisational work; ideological struggle; and international work.
This document poses a critical question to which we as the movement need to respond. It is this: What progress has been made in transforming society, the state and the economy in addressing issues of class, gender and race? The document proceeds to assert that in response to this broad question, it urges us to take a medium- to long-term approach to the challenges we face on the road to the South African dream, which is a nation that is prosperous, nonracial, nonsexist, united and, indeed, democratic. This is the South African dream that we must grapple with, as His Excellency, Jacob Zuma, the President of the Republic of South Africa, correctly invited us to do during the state of the nation address on 9 February 2012, when he said:
We have outlined a busy infrastructure implementation programme for now until 2014 and beyond.
I would like to appeal to all our people to join hands as they always do, as we deal decisively with the triple challenges of unemployment, poverty and inequality. Nobody will do this for us, it is in our hands. And we are all equal to the task.
Allow me to conclude with words of wisdom taken from the biography of O R Tambo, the father of our selfless struggle for freedom, when he said to all of us:
... it is no longer enough for us to repeat the tired slogans. We should, therefore, carefully re-evaluate the advisability of insisting on the retention of sanctions, given the new developments in the country and abroad. ... If peaceful negotiations will result in the formation of a united, democratic, nonracial and nonsexist South Africa we are not only willing but ready to enter into such negotiations. Consequently, the ANC has suspended the armed struggle in order to give peace a chance as well as indicate our serious concern for the future of the country and all its citizens.
It is fitting for this august House today, as we celebrate our Freedom Day, that we should take positive lessons from these words of wisdom of O R Tambo, which led to the situation that I have tried to describe above ? the drafting and adoption of the new Constitution. No, we have not betrayed O R Tambo and Nelson Mandela, nor many other stalwarts of our liberation struggle, because we have done well as a country in only 18 years of freedom.
We now know that many more South Africans still need water, electricity, sanitation, jobs and other basic necessities. That is why we must continue without fail to work together to expand access to services and reverse the legacy of apartheid and colonial oppression. Therefore the theme “Working together to build unity and prosperity for all” inspires us. I thank you for your undivided attention. [Applause.]
Mr F ADAMS: Deputy Chair, Deputy Ministers Nene and Nel, hon members, our veteran, the hon Mokgoro, I would just like to correct one statement made by the hon Onell de Beer. You know, if you are comfortable in a house and then you run away, like a naughty son, you become confused. By that I mean the hon Onell was very comfortable in the ANC. [Interjections.] He ate ... [Laughter.] ... and he and the hon Bloem ... [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Order! Order! [Interjections.]
Mr F ADAMS: In addition, the hon Bloem was very comfortable. I repented. They went on to sin. [Laughter.] Sin against the ANC, sin against your own people!
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Order! [Interjections.] [Laughter.]
Mr F ADAMS: And you know, that is why Cope is in the mess it is today – because of people like that. And they want to come and tell the ANC, an organisation that is 100 years old, how to run their affairs!
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Adams, deliver your speech.
Mr F ADAMS: Well, it is part of it, Chair, because I am just defending what they have attacked.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): All right, but I am asking you to deliver your speech now. Thank you.
Mr F ADAMS: Chairperson, on Freedom Day, we celebrate the start of our democracy.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hold on. Hon De Beer?
Mr O DE BEER: Chair, I just want to know if the member is being ... [Inaudible.] [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Well, it seems as if there is sabotage. Can you take your seat and let us continue?
Mr O DE BEER: No, I just want to know from the member if he is prepared to take a question.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): No. [Interjections.]
Mr F ADAMS: Yes, Chair, he can ask his question. [Interjections.] Ask the question.
The HOUSE CHAIRPERSON (Mr R J Tau): This technology is failing us. [Interjections.]
An HON MEMBER: It is like the ANC: Sometimes it works and sometimes not. [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Withdraw your statement. [Interjections.]
An HON MEMBER: He has not logged in.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Technicians, can you please help us?
Mr F ADAMS: Thank you, Chair. As usual, Cope did not log in.
On Freedom Day, we celebrate the start of our democracy 18 years ago, as well as our Constitution, flag and other symbols. It was the first election involving all South Africa’s people. To many South Africans, it was the time when they were liberated from the oppression, servitude and subhuman lives to which they had been subjected under apartheid. This year we also commemorate the centenary of the ANC, which fought for our freedom.
Here in the Western Cape we are too often reminded of the pain and indignity of being kept from being full citizens in the land of our birth for over 300 years. Unfortunately, this day of the celebration of freedom is not such a joyous occasion for many people in the Western Cape. Although we are thankful for our rights under the Constitution and the protection it brings, for too many people of the Western Cape these rights have still not been realised in their daily lives.
It is because this is the last province that has not been fully liberated. Too many people still experience this province as one where people are not really welcome and are viewed as aliens or strangers who are not full citizens. This is especially true under the DA government in the Western Cape, where people testify that they are seen as aliens intruding or taking the place of other people. We heard the MEC for health in the Western Cape saying the people from the Eastern Cape were what caused others not to get full services. His party repeatedly says people of the Eastern Cape push in at the front of the line. We hear the same mantra from other MECs, who tell us that housing, roads and other services are under pressure because of people from the Eastern Cape.
The DA tells people that these incomers or aliens are bused in to outvote the people of the Western Cape. It is surprising, then, that DA councillors in Cape Town have on two occasions led land grabs where people robbed housing because they perceived the incomers to be the priority beneficiaries in the province. The DA’s spin doctor, Gareth van Onselen, even wrote an opinion piece to prove that “a massive influx of people from the Eastern Cape” is the problem in the Western Cape. Imagine that. The DA even used the old term associated with the discriminatory influx control legislation of the white apartheid regime, which was aimed at keeping people of colour out of white areas. [Interjections.]
So, it fits the mould that the premier of the Western Cape, Helen Zille, referred to isiXhosa-speaking schoolchildren as “refugees”. To add insult to injury, she said that those who disliked this term were xenophobic. She has now made a half-baked apology, which has been widely rejected. She also said it was false outrage when people objected to this term. Most of those who reacted strongly pointed out that they were not refugees in the land of their birth. Refugees stay only temporarily and then return. They are never full citizens. They are, in fact, regarded as strangers or aliens. Even members from her own party ? yes, from her own party, and it’s a pity that the hon Faber is not here, but the others are here; hon Worth, hon De Villiers and others can convey the message to the premier ? have condemned her reference to “refugees”. She defended the term with explanations, but she could not convince us that it was not meant to hurt. [Interjections.]
When the ANC was founded in 1912, the founding secretary, Comrade Sol Plaatje, voiced the feeling of people who were treated as aliens or strangers by coining the phrase “I am a pariah in the land of my birth.” Now, 100 years later, Premier Helen Zille says black people are still refugees or pariahs in this land. [Interjections.] She touched a raw nerve. She has said, by implication, that they are not welcome in their own land; that they are second-class citizens and not full citizens.
People who were born in Africa belong in Africa, unlike those who were born in Germany but claim to have African roots or culture, like the premier has claimed. Her ancestors are in Germany, but she claims that she is an African. How can you be from Germany, with your ancestors in Germany, your roots in Germany, yet you claim to be an African? She said on TV that her roots were in Germany, which is why she was going back to Germany to get funding for the Western Cape. Africa belongs to Africans. With that terrible tag, she labelled people in the country of their birth as people who are aliens here in the Western Cape. [Interjections.]
Mr M J R DE VILLIERS: Chairperson, on a point of order: One of the hon members is referring to the premier of the Western Cape as a Nazi. That is not in order with the Rules of our House, the NCOP. [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Joseph, a member of the DA has lodged his dissatisfaction and time is moving on. We are working against the clock here. Are you raising something different to what has just been said?
Mr D JOSEPH: Yes, Chair. I want to say that the speaker is making statements that are unconstitutional and he is contradicting himself. He is confusing people in other provinces with people who are not allowed to move from country to country. That is unconstitutional. It goes against freedom of association. It is guaranteed in our Constitution that people have the right to move around.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon members, the Nazi remark was not recorded on the system. May I then make the ruling that we forget about it; it’s not on record. Continue, hon Adams.
Mr F ADAMS: Chair, the hon Joseph has just said what we in the ANC are saying. He has just confirmed that people have the freedom to move within their own country, but his own party leader doesn’t see that. His own leader, the premier of the Western Cape, hon Helen Zille, does not see that. How confused they are in that party!
She and her party denied people their full rights as citizens of the Republic of South Africa. She tells them they do not have the right to choose where to move to or where to stay ? for the information of the hon Joseph. They may not associate with whom they wish, as the Constitution guarantees. This is a huge infringement of their human rights. People moving or migrating around the world is an age-old trend. People are not planted in one place like trees. It is therefore important to recognise that people may move to or stay where they want to. [Interjections.]
It is even worse that Premier Helen Zille pointed fingers at the Eastern Cape education system to deflect attention from her real problem here in the Western Cape. It is the problem of inferior services and infrastructure, like buildings and equipment in the Western Cape education system. [Interjections.] It is the problem of elite schools of excellence against many township schools that do not get the same support. It is the denial of people’s rights. It is denying learners a chance in life. It is the DA’s double standard, where it preaches an open-opportunity society for all but does not give people in poor and black areas the same level of services as the mostly white areas. It is setting up those children for failure. This is a travesty ...
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Adams, please conclude.
Mr F ADAMS: I will, Chair. The incident that made Premier Zille use that racist term was a picket in Grabouw, where people had to take to the streets in order to get attention for the big problem they have with overcrowding in their schools.
Mr W F FABER: Chair, can I ask the speaker a question? I suppose he won’t take a question if he only has a few seconds left.
Mr F ADAMS: Do I have time, Chair, to answer a question?
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): To be honest, you have run out. That is why I asked you to conclude.
Mr F ADAMS: Chairperson, the DA had better redirect ...
Mr D V BLOEM: Chairperson, I’m wondering if Mr Adams will take a question. It’s a short question from ...
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Bloem, I just said, a few seconds ago, that he has already run out of time. So, can we then conclude? You can ask him outside the Chamber.
Mr F ADAMS: Chairperson, people will not stand for this kind of discrimination. The Western Cape needs to be finally and fully liberated and set free from DA oppression. It should come under the rule of the ANC in order to be free. [Applause.]
The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Deputy Chairperson, again I express my thanks and gratitude for being able to participate in this Freedom Day debate in the NCOP. What we witnessed here today was an eloquent choir of South Africa’s elected public representatives in the NCOP singing a song of freedom.
What stands out for me are the following voices in that choir: First was the hon Manzini, who sang in an eloquent way, giving us an overview of our history, about where we come from, and reminding us that the advent of freedom brought liberation to both oppressed and oppressor. He also reminded us of the importance of working together to achieve common national objectives and to realise the objective of a better life for all. Second was the hon Schippers, who spoke eloquently about the special and important role of local government in the realisation of the objectives contained in our Constitution and the role of local government in giving full effect to what we celebrate on Freedom Day.
Third was the hon Gunda, who took diamonds from his native province and strung them together and in that rhythm he reminded us of the importance of the mineral wealth in our country and how it should be used to alleviate poverty. Fourth was the hon Kasienyane, who spoke in the same vein about the important need for us to engage in economic transformation to give full effect to those powerful provisions in our Constitution that talk about socioeconomic rights and the means for all South Africans to realise their full human potential.
Fifth was the hon Skhosana’s thoughtful input, which took us over the history of the road we travelled to be at the point we are today, celebrating 18 years of freedom. In doing so he reminded us that as we move forward it is always advisable to check the rear-view mirror from time to time to remind ourselves where we come from. That will help us to better chart the way forward to the national democratic society envisaged in our Constitution.
Sixth was the hon Adams, who spoke eloquently and passionately, emphasising that in terms of our Constitution South Africa is indeed one united and undivided nation, that all of its citizens enjoy equal rights under the Constitution and that we have no first-class or second-class citizens based on where they might find themselves in our beautiful country.
In the midst of this beautiful choir that sang here today, I think there were one or two discordant notes. I appeal to members that as we engage in public discourse let us refrain from doing so in a shallow and careless manner. The matters that we are discussing are serious matters that affect the future of our nation. We should not present arguments in the form of “federations of discontent” or take news clippings and dish them up as analyses.
The matters raised regarding the Protection of State Information Bill are currently before a committee of this House and I believe that they are receiving due and proper consideration.
Matters relating to the assessment of the impact of judgments of the highest courts in our land, being the Constitutional Court and the Supreme Court of Appeal, have been undertaken exactly at this juncture in our history where we feel it is appropriate to assess the work of the courts and the impact of their judgments, especially on socioeconomic rights. If one looks at the terms of reference and the discussion document released by the Department of Justice and Constitutional Development, one will see that in fact the exercise being conducted there is being conducted according to the letter and in the spirit of the Constitution.
Recently, in fact, many judges and aspirant judges have welcomed the release of that discussion document and the terms of reference for that assessment. So, there really is nothing to fear and everything to welcome. Indeed, it underscores our belief that by assessing, engaging and analysing them we are in fact strengthening the foundations of our constitutional democracy, which we started building 18 years ago.
Deputy Chairperson, I thank you for the opportunity to participate in this debate. Let me wish all members well on Freedom Day. I wish and hope that you will be in your constituencies, singing the beautiful song of freedom that we heard here this morning. [Applause.]
Debate concluded.
DIVISION OF REVENUE BILL
(Consideration of Bill and of Report thereon)
Mr T E CHAANE: Chairperson, hon Deputy Ministers, hon members, it is once again an honour for me to present to this august House the committee report on the Division of Revenue Bill of 2012. My role in this debate today is to outline the process followed and skim over some of our observations and concerns raised during our engagements with other stakeholders and provinces.
On 22 February 2012, the Minister of Finance tabled the national Budget together with the Division of Revenue Bill as required by the Money Bills Amendment Procedure and Related Matters Act in the National Assembly. On 9 March the Bill was transmitted to the NCOP and referred to the committee for consideration and reporting.
Following the briefing by the National Treasury, permanent delegates were allowed to brief their provinces. The committee further held public hearings in accordance with section 9(5)(b) of the Money Bills Act and received written and/or oral submissions from the Financial and Fiscal Commission, National Union of Metalworkers of South Africa, People’s Budget Coalition, Department of Water Affairs and Mr D van den Heever. All these processes culminated in the consideration of provincial mandates in terms of the Mandating Procedures of Provinces Act, Act 52 of 2008.
The purpose of the Division of Revenue Bill is to provide for the equitable division of revenue raised nationally among the national, provincial and local spheres of government for the current financial year. It is further to determine each province’s equitable share of the provincial share of that revenue and any other allocations to provinces, local government or municipalities from national government’s share of that revenue and any conditions on which those allocations may be made.
In the context of this purpose we should understand and appreciate the fact that a great many processes of consultation are engaged in before the National Treasury, and the Minister in particular tables this Budget before Parliament. Such processes are done precisely to make sure that there is fairness and equity in how each sphere is allocated. However, given our needs and wants, such allocations will always fall short of satisfying all of us, given our different sets of conditions, challenges and needs. Therefore, we should allow no space for mediocrity and irregular, wasteful, fruitless and unauthorised expenditure. The current situation, where the wasteful and fruitless expenditure book runs into billions of rand, is just unacceptable and should be fought with everything we have. Otherwise it becomes pointless to ask for more money when the rot is allowed to eat into what is legitimately there for servicing the nation.
This year’s Budget is commendable and has received huge support. It places greater emphasis on massive infrastructure investment, job creation, economic stimulation, and the eradication of poverty, unemployment and inequality. It further places a responsibility on our shoulders, as collective members of different committees representing the views of our different provinces, to make sure that plans tabled as firm conditions and on which allocations are made are implemented and that those responsible for such implementation are accountable. Accountability entails making sure that every rand allocated is spent wisely and on things that were agreed upon in a transparent and democratic process.
It requires the implementers to make sure that there is due care and diligence in the execution and rolling out of services, that such services are of good quality and that they address the needs of the people. It means taking full responsibility and owning up to failures and weaknesses in the same way as smiling when you get positive feedback about good work. It requires space for constructive criticism and for empowering songs of praise.
Those of us who are charged with the responsibility to play an oversight role should do so without fear or favour; those who criticise should do so putting forward better alternatives; and those who praise should do so because there is improved quality in the roll-out of services, rather than for patronage. This would improve and enhance our work because we would be working together to achieve more instead of working against each other to achieve less.
In the context of our oversight responsibility, allow me to raise further our concerns about the failure of our provinces to force compliance and adherence to monitoring systems and the lack of follow-through on infrastructure projects and delivery of basic services. I raise this with a full appreciation of the work done by our counterparts in the provinces and with a full understanding of the related limitations they are faced with. We raised all this for the attention and correction by the executive at all levels and we shall continue to do so until we achieve the change we all require.
We are concerned that some provinces and departments continue to allow deviations from plans with no due regard for following the right channels and procedures set out for that purpose. We are even more concerned that in some provinces municipalities are left to fend for themselves with very little support, to the detriment of service delivery.
As members of the committees of Parliament, we continue to be bombarded with volumes of distorted and misleading reports about nonexisting but completed projects. This is something that is increasingly becoming the norm, yet those in charge of producing such reports continue to go unpunished, even after we have exposed them. Without getting into detail but as a way of supporting my facts, note the fact that millions of rand meant for libraries in Ipelegeng, Khuma, Utlwanang and Boikhutso and the revitalisation of Bophelong Psychiatric Hospital and General De La Rey Memorial Hospital in the North West were diverted to some unknown activity when reports recorded that such projects had been completed.
Hon Mokgoro, the fact that a mental hospital in the Northern Cape, which was meant to be built in three years, remains incomplete after 10 years is a worrying factor. The fact that school books were not delivered in time in Limpopo and specific bridges not built ? which means that people continue to risk their lives through the use of what they call a segwaigwai [makeshift cable car] to cross rivers ? when records show such bridges as having been built and completed is even more worrying.
In the Free State, while government, on the one hand, is doing its level best to address the toilet saga in Viljoenskroon in the Moqhaka Local Municipality, it is mind-boggling that the Matjhabeng Local Municipality in Welkom, on the other hand, continues to allocate sites that are unserviced. Those sites are without toilets. You begin to ask yourself what exactly we are doing.
These are some of the concerns that we want to raise strongly for the executive to give attention to. The list of such examples cuts across all provinces and the reality is there to be seen. Just last week, as members of this House, we traversed the length and breadth of this country and saw how some of the projects have collapsed. As a finance committee we are raising this to make sure that there is no repeat of these things.
I’m raising these points to emphasise the fact that we all have a duty to care and to act. Let us all take full responsibility and commit to do our bit in making sure that our country rids itself of malpractices. We should do everything in our power to increase the number of those who are currently doing well and move our country forward. This we can achieve through improved positive communication and an active citizenry. There is a lot we have achieved so far and together we can achieve even more. I wish to present the report to this Council and encourage the adoption of the Division of Revenue Bill, Bill 4 of 2012. [Applause.]
Mr J M BEKKER: Deputy Chairperson, hon Deputy Ministers and members of the provincial legislatures, hon colleagues and guests, before I start I would like to congratulate my chairperson on the way he put the problems in this meeting. I thank you and I think it is a great breakthrough.
The Division of Revenue Bill provides for the division of revenue raised nationally to be distributed among the three spheres of government. I believe we all wish the amount was significantly larger and that there was enough for houses for all, free medical care and grants for the deserving indigents so that every citizen could lead a respectable life. This division of revenue will change when gross income increases. The division of revenue will change once the recent census results become available in November this year. Furthermore, it will be affected as citizens move from one province to another in search of a job or a better life. Migration for a better life from our neighbouring African countries also places stress on our limited resources, as was discussed today.
Ons het nie ’n probleem met die verdeling of die formule van die verdeling nie. Dit moet net gereeld aangepas word. Ons het ’n probleem met die grootte van die koek wat verdeel moet word en wie plunder daaraan.
Ons het gister ’n voorlegging van die Nasionale Ontwikkelingsplan deur minister Trevor Manuel aangehoor. Dit is uitstekend en ons ondersteun dit. Die probleem is egter die uitvoering of toepassing daarvan. Dit blyk ietwat onmoontlik as ons kyk na die huidige onwilligheid om bo lippediens uit te styg en die plan uit te voer. Gistermiddag is dit bevestig tydens ons gesprek met die Ouditeur-generaal, Terence Nontembane. Ek bedoel Nombembe. Jammer as ek sy naam verkeerd uitgespreek het.
Nie een van die drie vlakke van regering beskik oor die nodige kennis, vermoë en politieke begeerte of wil om die geld doeltreffend aan te wend nie. Amptenare wat nie opgelei is nie of nie oor die nodige vaardighede beskik nie, word vertrou met groot projekte en dus groot bedrae. Ons kommer is dat die geld toegedeel word, maar dit word nie doeltreffend aangewend nie. Dit lei tot ewe groot bedrae wat in die niet verdwyn. Amptenare word aangestel weens hul politieke verbintenisse, ongeag vaardighede en kwalifikasies. Hulle faal gevolglik, maar word dan net in ’n ander posisie herontplooi.
Die President, sowel as die Minister van Finansies, het baie klem gelê op infrastruktuurontwikkeling en werkskepping, maar daar is geen oorsig oor die implementering van die planne nie.
Die ekonomie moet groei om te voorsien in ons land se behoeftes. Werkskepping is ’n duidelike gevolg van groei in die ekonomie. Groei in die ekonomie beteken ’n styging in die fisiese lewering van dienste en produkte. Die DA se beleid van 8% groei in die bruto binnelandse produk is juis noodsaaklik om werkskepping te verseker.
Ons markte is beperk en daarom moet uitvoer gestimuleer word om ’n styging in die totale bruto binnelandse inkomste van die land te veroorsaak. Om dit suksesvol te kan doen, moet ons kompeterend wees. Dit beteken ons moet goedkoper produseer. Dit word verkry deur ’n effektiewe verbetering in produktiwiteit wat die arbeidskomponent verlaag en produkte en dienste meer bekostigbaar maak.
Om ons ekonomie te laat groei saam met uitvoer, moet ons intense opleiding verskaf en spesialiste oplewer wat uitstaande diens kan lewer. Ons sal moet kers opsteek by ons vennote in die Brics-lande, waar daar goeie groei is. Gister het minister Manuel dit duidelik aan die Nasionale Raad van Provinsies gestel dat ons nie moet toelaat dat die vakbonde die Suid-Afrikaanse ekonomie regeer nie.
Tydens die Internasionale Monetêre Fonds se besoek aan die Vaste Komitee oor Finansies in 2010 was die oorheersende vraag ook hoe loonverhoging die koers van inflasie kon oorskry, veral met die onaanvaarbaar hoë werkloosheid syfer in Suid-Afrika. Die Nasionale Beplanningskommissie beveel selfs aan dat arbeidswetgewing ernstig heroorweeg moet word om werkskepping en die kompeterende aspekte aan te spreek. Geen wonder die Minister van Finansies het sy ernstige kommer uitspreek oor die hoë salaris- en loonkomponente van die Begroting nie.
Die grootste probleem wat doetreffendheid benadeel is die onwettige of korrupte besteding van geld. Daar is te veel bewyse van die onreëlmatige besteding en ook misbruik van geld deur politici en amptenare op alle vlakke van regering. Ja, ons wil tog so graag “uithang” en spoggerig wees — kyk na ons agb Minister van Sport en Ontspanning! Net gister het minister Manuel ’n agb lid van die Nasionale Raad van Provinsies gevra waarom die NRVP die dag se vergaderings in ’n spoghotel moes aanbied. Waarom nie binne die perseel van die Parlement nie? Wat ’n beredeneerde vraag!
Ek is oortuig dat ons as politici in die spieël moet kyk. Dis waar ons moet begin. Ons moet professionele politici wees. Ons wonder waar die politieke oortuiging is om toestande te verander. Ons verteenwoordig ryk en arm. As politici moet ons, soos ons hier sit, politieke verantwoordelikheid aanvaar en eties korrek en met respek optree — dis ons plig. Op die oomblik het mislukkings en korrupsie nie ? baas nie, maar kom ons sit hulle in die tronk nog voordat hulle kan verskuif na die volgende ontplooiing. (Translation of Afrikaans paragraphs follows.)
[We have no objection to the division or to the formula of the division. It should just be adjusted regularly. We do have a problem with the size of the cake that has to be divided as well as with those who are raiding it.
Yesterday we attended a presentation of the National Development Plan by Minister Trevor Manuel. It was excellent and we support it. The difficulty lies with its execution or implementation. It appears to be somewhat impossible when we consider the current unwillingness to rise above mere lip service and to execute the plan.
This was confirmed yesterday afternoon during our conversation with the Auditor-General, Terence Nontembane. I mean Nombembe. I am sorry if I have pronounced his name incorrectly.
Not one of the three tiers of government has the necessary knowledge, capacity and political will at its disposal to utilise the funds effectively. Officials who have not been trained or who lack the required skills are entrusted with large projects and therefore large sums of money. Our concern is that the money is allocated, but is not utilised effectively. This gives rise to equally large sums of money vanishing into thin air. Officials are being appointed because of their political connections, irrespective of skills and qualifications. Consequently, they fail, but are then simply redeployed in another position.
The President, as well as the Minister of Finance, placed a lot of emphasis on infrastructure development and job creation, but there is no oversight with regard to the implementation of these plans.
The economy has to grow in order to provide for our country’s needs. Job creation is a clear result of growth in the economy. Growth in the economy means an increase in the physical delivery of services and products. The DA’s policy of 8% growth in the gross domestic product is, in fact, essential in order to guarantee job creation.
Our markets are limited and exports should therefore be encouraged in order to generate an increase in the gross domestic revenue of the country. In order to be able to do that, we must be competitive. This means that we must produce more cheaply. This is achieved by way of an effective improvement in productivity that reduces the labour component and makes products and services more affordable.
In order to grow our economy, we have to provide intensive training and produce specialists who are able to render outstanding service. We will have to seek information from our partners in the Brics countries, where good growth is taking place. Yesterday Minister Manuel clearly stated to the National Council of Provinces that we should not allow the trade unions to rule the South African economy.
During the 2010 visit by the International Monetary Fund to the Standing Committee on Finance the main issue was also how salary increases were allowed to exceed the inflation rate, especially given South Africa’s unacceptably high unemployment figure. The National Planning Commission has even recommended that labour legislation be seriously reconsidered in order to address job creation and the competitive aspects. No wonder the Minister of Finance has expressed his deep concern regarding the high salary and wage components of the Budget.
The biggest problem hampering efficiency is the illegal or corrupt spending of money. There is too much proof of irregular expenditure as well as abuse of money by politicians and officials at all levels of government. Yes, we dearly love to hang out and brag – take a look at our hon Minister of Sport and Recreation! Just yesterday Minister Manuel asked an hon member of the National Council of Provinces why the NCOP had to hold the day’s meetings at a posh hotel. Why not within the parliamentary premises? What a well-considered question!
I am convinced that we, as politicians, should take a look in the mirror. That is where we should start. We should be professional politicians. We wonder where the political will is to change the state of affairs. We represent the rich and the poor. As we sit here as politicians we should accept political responsibility and act ethically correctly and with respect – that is our duty. Currently failure and corruption are out of control, but let’s put them in jail even before they can move to the next deployment.]
Let us join hands across political divisions and execute our oversight responsibilities, as affirmed on the day we were sworn in as members of the NCOP. [Applause.]
Mr S D MONTSITSI: Deputy Chairperson, hon Deputy Minister, hon members, we are in support of the report of the committee, welcome the current Budget presented by the Minister of Finance and applaud the allocations made to the provinces. Section 214 and section 217 of the Constitution of the Republic of South Africa require that an equitable share of the nationally raised revenue be allocated to provincial governments, to enable them to provide basic services and to perform their allocated functions and responsibilities.
The national transfers to provinces increased from R362,6 billion in 2011-12 to R384,5 billion in 2012-13. Over a three-year period, provincial transfers will grow at an average annual rate of 6,4% to R437 billion in 2014-15. Despite the harsh economic conditions, the Ministry has been able to keep its head above water and to soldier on in providing for all South Africans.
The equitable share formula attempts to ensure that service delivery and a good quality of life are enjoyed by all South Africans, irrespective of provincial contributions to the fiscus. The formula takes into consideration the following six components: Firstly, under education, it considers the age of the school-going population, with specific focus on ages 5 and 17 and from Grade R up to Grade 12. Secondly, under health, it considers the risks associated with the demographic profile of populations and the relative load imposed on hospitals and health institutions generally. Component three deals with the basic share, which is the size of the population at the provincial level. Fourth is the institutional component, which is divided equally among provinces at 11% each. Number five is the poverty component, which is the question of the extent of poverty in terms of statistics that are provided at the provincial level. The last component deals with economic output. This refers to the individual province’s contribution to the national Budget. In this instance, it is the question of the extent to which the province contributes to the fiscus.
It is, therefore, our humble submission, Deputy Minister, that the Gauteng province contributes 33,9% to the national Budget. We say this with all humility and respect, even to provinces that contribute 2,5% to the fiscus. All contributions are valuable and essential to building a better future for all of us and our children. Let us further submit to you, Deputy Minister, that South Africa is a unitary state, not a balkanised federal state with individual provincial policies.
Having said that, we hereby inform you, sir, that the 20,5% health allocation for the province will fall short in meeting the current challenges we face. To give you an example, the largest hospital in the southern hemisphere, Chris Hani Baragwanath Hospital, as well as other medical facilities in the province, treats patients from four surrounding provinces. Every Wednesday, Deputy Minister, there are buses from across the provinces with patients suffering from various illnesses who come for treatment. They are not refugees. They are South Africans and have every right to receive medical attention in this particular province. To complicate the challenge, our neighbouring relatives from Botswana, Swaziland, Lesotho, Mozambique and further north also cross the border to seek medical assistance. This is the context in which we should appreciate the overload and excess faced by the province. The overload is not only among unemployed Gauteng residents but it represents this dual challenge which we put before you.
The education component, with its allocation of 15,7%, faces more or less the same circumstances. This is not the presentation of an argument, Deputy Minister. We are merely making information available so that the Ministry could intervene decisively. If anything, this is a genuine cry for help.
Let me hasten to assure the hon Minister that in view of the workshop conducted by the NCOP and the Office of the Auditor-General yesterday, public representatives are geared toward protecting each and every cent that it allocated for service delivery. The Auditor-General, Mr Terence Nombembe, left us with a very instructive challenge: “What do you do with those who do not want to comply with the law? What do you do?” [Applause.]
Mr C J VAN ROOYEN (Free State): Chairperson, hon Deputy Minister and hon members, as is required by the Constitution, the Free State standing committee on public accounts, finance, office of the premier and the legislature held public hearings in Bloemfontein on 14 March on the Division of Revenue Bill, Bill 4 of 2012. Once again, I must raise my concern in this House that the SA Local Government Association, Salga, did not attend the public hearing even though they were invited to attend and make submissions. However, the fact that more municipal managers, chief financial officers, CFOs, and mayors attended the hearings is very encouraging. This year we also invited provincial departments to attend the public hearings but I am sad to report here that no provincial department attended.
The recovery from the financial and economic crisis that started in 2008 is slow and uneven. This resulted in weaker growth prospects for this financial year, not only on a national level but also on a provincial and municipal level. What we now need is a government that works better but costs less. We dare not disappoint and fail those who are in need of the benefits of the allocation made in the Division of Revenue Bill. We are all aware of the fact that the needs of our province far outweigh the available resources and each available rand will have to be stretched to its maximum. This can only be done if we all work together. Together we can do more.
This will, among other things, require communities in the Free State to participate actively in the protection of state assets in their own communities. Over and above this, it will require public servants in the Free State to display high standards of work and of ethics. We still see too many public servants involved in corrupt activities, abusing state resources, coming late for work, doing shopping during working hours and not performing their duties. Who can blame the public for having the perception that public servants are lazy, corrupt and without morals and ethics if we ourselves see these things on a daily basis. We cannot afford this. We now need a government that works better and costs less.
Because of the limited resources available, budget leakages must be stopped or there will not be sufficient resources to carry out our promises to the people for a better life and to eradicate poverty. The budget leakages I am referring to are, among others, corruption at all levels and wastage, which include the underutilisation of purchasing power and economy of scale; fruitless and irregular expenditure; maladministration; bad financial decisions; noncompliance with laws and regulations; and unethical business practices. It takes two to tango, therefore the public sector needs to come to the party too. There is no such thing as a free lunch.
Rooting out these leakages will enable us to obtain value for money and stretch the rand to its maximum. Value for money in this case also means that salaries paid to public servants must produce the required outcomes. Productivity within the Public Service needs to increase drastically. Chairperson, provincial budgets must create new and innovative ways to better respond to service needs and backlogs in provinces.
There is also a need for the distribution of financial resources in the country to go beyond the current equitable share formula and grants. This is because of the unique realities that exist in different provinces, but more so because of the inequalities that have been created by these very same instruments of the division of revenue. A province as small as the Free State, for instance, is faced with the following realities: a small, undiversified local economy, mainly based on mining and agriculture, with a low growth rate and an inability to create great wealth on its own; a relatively small private sector; a large, possibly overextended public sector and the fact that, under the current conditions, the public sector remains the main source of hope for a better life and for economic growth for the people of the province.
These realities require that our provincial budget must also be used to stimulate the provincial economy through direct interventions, unlike more industrialised provinces, where the economy has created its own critical mass. This implies that the responsibility placed on the provincial budgets of smaller provinces has a bigger and more critical role to play in making a meaningful impact and is an important tool to effect socioeconomic transformation. It is therefore important for National Treasury to revisit the formulas, especially those of the equitable share to provinces and municipalities.
I’m sure you will agree that the distribution of resources regarding infrastructure has been favouring the bigger provinces for decades, to the disadvantage of smaller provinces like ours. For a province like the Free State, the road budget received did not reflect the level of responsibility that the Free State carries in terms of the total road network in South Africa. It is important that I remind the House that the Free State is basically at the heart of the road network in South Africa. It has been badly pressurised by all major freight and transport movement in the country, without adequate national funding.
A further important aspect that needs urgent attention is the unfunded mandates from national departments to provincial governments. Currently, the unfunded mandate negatively contributes to the tight fiscal framework of provinces and should be reconsidered. In fact, this practice should be abolished or at least discouraged, since it places undue pressure on provincial budgets and is not sustainable.
A further issue that is of great concern to our committee is the current local government equitable share formula, which, in our opinion, needs urgent attention. Firstly, the fact that the development component of the formula is dormant disadvantages small municipalities. These smaller municipalities will therefore never be able to catch up with the larger municipalities in terms of economic growth and development.
Secondly, as a committee, we are not convinced that the revenue-raising capacity correction component of the formula is realistic and financially sound. In this regard, the committee will commission research to establish whether the current subtraction of 7% of the value of the equitable share from wealthier municipalities to make those funds available to poorer municipalities is sufficient and will have the required impact.
In conclusion, I suggest that in the wake of the recent ANC centenary celebrations, where we were all reminded of the great debt this nation owes to those who fought and suffered for this democracy, it is only proper that this Bill be dedicated to them. It should be our goal to ensure a better life for all. We will have to accomplish more with less. Therefore, we will have to work smarter. We need a government that works better but costs less. [Applause.]
Mr H PAPO (Gauteng): House Chair, I don’t know how to manage my time because I don’t have a timer here.
The HOUSE CHAIRPERSON (Mr R J Tau): I have one.
Mr H PAPO (Gauteng): Yes, but I always check my time when I speak. House Chair, Deputy Minister of Finance, fellow select committee chairpersons who are here, fellow members of other provincial legislatures who are here and NCOP permanent delegates, it gives our province pleasure to address this august House on the occasion of the debate and adoption of the Division of Revenue Bill for the 2012-13 financial year. We do so fully aware that the 2012-13 Budget was tabled under unfavourable global economic conditions.
I wish to take members back to the sitting of the National Assembly on 22 February, when the Minister had this to say when he presented the 2012-13 Budget:
This Budget ... reflects the collective determination of the government to address with energy the challenges of creating jobs, reducing poverty, building infrastructure and expanding our economy.
The Budget sets out a financial framework for implementing this vision, a framework that is sound and sustainable. It recognises that building South Africa is a multidecade project that must invigorate our capacity to grow, and must include all South Africans in that growth.
This Budget sets us on a path ... that will be neither easy nor uncontested ? hard work and difficult choices lie ahead. But the journey is under way. We have embarked on the long walk to economic freedom. All South Africans aspire to these freedoms: freedom from poverty; freedom from need; freedom to exercise our talents and thrive as individuals; freedom to work together as communities, as organised social formations, as business enterprises and as a proud and forward-looking nation.
This Budget is about making South Africa work smarter, harder and differently.
The allocations to the three spheres of government for the 2012-13 financial year Medium-Term Expenditure Framework are mainly informed by the outcomes-based planning and budgeting adopted by national government. Particular emphasis is on infrastructure development, job creation, better health care and promoting quality education and skills development across the three spheres of government.
We note that National Treasury, in developing the Division of Revenue Bill for the 2012-13 financial year, consulted and engaged the Financial and Fiscal Commission, which is mandated by section 220 of the Constitution to provide information to all organs of state in order to make informed decisions about complex fiscal matters. Section 214 of the Constitution requires that an Act of Parliament must provide for the equitable division of revenue raised nationally among the national, provincial and local spheres of government; the determination of each province’s equitable share of the provincial share of that revenue; any other allocations to provinces, local government or municipalities from the national government’s share of that revenue; and any conditions on which those allocations may be made.
We are aware that the Bill seeks to give effect to, among other things, the provisions of section 214 of the Constitution. The Bill is in sync with the Constitution and other relevant statutory frameworks. Before the Bill is tabled in Parliament, all provincial Treasuries are afforded an opportunity to comment. As such, our inputs are captured in the Bill.
Although we continue to face challenges of in-migration, which affect our education and health services, as the hon member Montsitsi said, we nevertheless concur with the Bill as tabled and we welcome the changes that have been effected in the Bill pertaining to the Expanded Public Works Programme, EPWP, and provincial infrastructure conditional grants.
We note that the structure of the provincial equitable share for the 2012 Budget remains unchanged, except for slight refinements to the health component. The following components determine the provincial equitable share: education, poverty, economic activity, and institutional as well as basic shares allocated per province. In this regard, we received the second-largest share of the Budget, after KwaZulu-Natal. However, it is important to note that we received the largest proportion, that is 33,9%, of the economic activity component. This is measured by the economic contribution of provinces to the gross domestic product. We acknowledge that the economic component is still a small component of the formula, but our province received a bigger share of that component.
Having taken into account the provincial equitable share as far as it relates to the betterment of basic standards of living, we are of the view that the 2012 allocations are in line with the government priorities of creating jobs through infrastructure development, better health care and quality education. Our province receives an amount of R54,5 billion from the equitable share in the 2012-13 financial year, increasing to R58,6 billion in the 2013-14 financial year. We know that a large part of the Bill remains the same annually.
Furthermore, the following significant changes are welcomed. On the EPWP grant, the grant has been reconfigured to ensure that incentive payments to provinces and municipalities are calculated on the basis of the number of jobs created during the previous year. On infrastructure conditional grants, in attempting to fast-track infrastructure delivery in provinces, section 13 has been added, which places additional responsibilities on department heads of provincial departments with infrastructure conditional grants.
Furthermore, to deal with corruption as it pertains to infrastructure delivery in the province, the following conditions have been added under section 13: All infrastructure expenditure partially or fully funded by condition allocations is reported through project and asset management segments in the standard chart of accounts; maintaining an up-to-date database of all contracts that are fully or partially funded by conditional allocations that are compliant with the register of projects and i-tender system; and lastly, ensuring that infrastructure projects comply with best-practice standards and guidelines contained in Practice Note 22, which was issued in terms of section 5 of the Construction Industry Development Board Act, Act 38 of 2000. The whole section 13, as added in the Division of Revenue Bill, is welcomed and it further entrenches our decision regarding how infrastructure should be delivered in the province.
On the conditional grants, we know that all Gauteng train-related provisions have been deleted from the Bill due to the phasing out of the grant, and I would encourage members who have not been on the Gautrain yet to get on it. It is a joy to travel on that train.
We agree with the concern about spending patterns on some conditional grants. It is therefore important for National Treasury, working with provinces, to strengthen monitoring and evaluation on conditional grants in order to avoid material underspending and the diversion of funds.
Infrastructure development remains a critical catalyst for the alleviation of unemployment and poverty. It is for this reason that we support initiatives aimed at expediting and investing in infrastructure development. However, this cannot be totally attained without proper skills development, including efficient project management across the three spheres of government.
We also welcome National Treasury’s efforts to further strengthen and regulate supply chain management policies. This will go a long way in preventing noncompliance with supply chain management requirements, thereby preventing fraudulent activities from occurring.
In its recommendation to National Treasury on the 2012-13 Budget, the Financial and Fiscal Commission, FFC, identified the ever-increasing personnel cost as a major concern or threat to future service delivery. Consequently, we should collectively address this potential threat. This should be done with the full appreciation of socioeconomic conditions affecting both the state and public servants.
We further note the interventions made by National Treasury in an attempt to remedy the problems occurring in our department of health and department of social development. However, we are of the opinion that an early warning system should be employed by National Treasury, in collaboration with provincial Treasuries, to avoid fiscal distress in key provincial departments. We note the increase of allocations to local government, as detailed in the Bill. It is our view that the increase will assist municipalities in dealing with service delivery demands.
We wish to reiterate the following: National Treasury should strengthen the framework regulating conditional grants to ensure proper monitoring and evaluation as a way of avoiding material underspending and diversion of funds. National Treasury, in collaboration with provincial Treasuries, should enhance early warning systems to avert fiscal distress in key provincial departments. National Treasury should work closely with all three spheres of government to strengthen human resource management in an effort to meaningfully address challenges of escalating personnel costs. Measures should be developed to avoid scenarios where employees are recruited to positions that are not funded in any given financial year. Our province is ready to implement all measures in the Division of Revenue Bill. [Applause.]
Cllr C NEETHLING (Salga): House Chairperson, hon Deputy Minister of Finance, hon members and special delegates, I have to comment on one of the previous speakers, hon Van Rooyen, who said that Salga did not attend certain meetings. Unfortunately, there are only nine of us on the Salga national executive council, and I am the closest one, in the most beautiful town in South Africa, George. That is 440 km from here. The others are all way off, so it is not always possible for us to attend all of the NCOP meetings, because members hold positions such as mayors, deputy mayors, Speakers, etc. That is a problem. But anyway ...
The HOUSE CHAIRPERSON (Mr R J Tau): Maybe just to lay that to rest, he was making reference to the Free State.
Cllr C NEETHLING (Salga): Yes, but even so.
The HOUSE CHAIRPERSON (Mr R J Tau): So, Salga in the Free State.
Cllr C NEETHLING (Salga): Yes, Salga in the Free State – that is the Mayor of Mangaung. So, you know, the chances that he could be available are quite remote. In any case, we will see what we can do about that. Thank you, Mr Chair.
Chairperson, the Division of Revenue Bill should, in terms of our Constitution, seek to strengthen the ability of provinces and municipalities to provide basic services and perform the functions allocated to them. It should thereby seek to progressively improve the living conditions and standards of all our constituents by means of providing for their developmental and other needs. The 2012 Division of Revenue Bill and local government allocations present a further opportunity to accelerate the attainment of universal access to municipal services.
The Minister of Finance reported on the slowdown in economic growth of about 2,7% in the last fiscal year and expressed the anticipation of a recovery to about 3% in the 2012-13 financial year. Salga is appreciative of the difficult economic situation that the country finds itself in and the impact that has on the revenue streams of government. In fact, local government revenue is also directly affected by the downturn in the economic cycle. We therefore welcome the overall sentiment of the 2012 Budget, which seeks to protect allocations to local government but also calls for fiscal restraint and efficient and effective spending in the three spheres of government.
With regard to the Division of Revenue Bill, it is noted that the Expanded Public Works Programme incentive grant to municipalities has been reviewed and Salga supports this, because the grant’s focus areas are aligned to the mandate of local government. We do, however, call on national government to simplify the reporting system for this and other conditional grants to local government. Local government has to continuously bear the cost of compliance with national policies, which erodes already limited revenue sources for basic service delivery.
We note the funding through in-kind transfers for municipal projects where local capacity is lacking. While this funding is indeed welcomed, there is a need for improved co-operation with receiving municipalities on the size of allocations and how this money will be spent by national departments and implementing agents. It is envisaged that the consultation processes should involve Salga.
This Budget sets out a tight fiscal framework within which national revenue is divided between national, provincial and local government. It is noted that in the vertical division of revenue process, local government is allocated R77 billion or 8,8% of nationally raised revenue in 2012-13.
We are aware of the huge challenges that some municipalities face in spending their annual allocations, especially infrastructure grants. However, we are confident that in working together with national government on interventions such as the Municipal Infrastructure Support Agency of the Department for Co-operative Governance and Traditional Affairs positive impacts can be made.
Regarding equity share allocations, local government receives R37,9 billion in 2012-13, R40,6 billion in 2013-14 and R43,6 billion in 2014-15 of equitable share, which is an upwards revision to the baselines by R2,2 billion over the next three years. It is noted that the equitable share makes provision to sustain basic service delivery and further revisions towards strengthening governance and administration in smaller municipalities.
Government also provided R9 billion in 2012-13 as the metros’ share of the general fuel levy that has now been fully phased in. Salga has been processing a national conference resolution to apply for a local business tax for economic infrastructure and services, and a process of engagement with key stakeholders has already commenced. Further consultation will be held with National Treasury ahead of our application.
Salga is of the view that local government allocations in this Budget do not fully consider some fundamental issues affecting local government at the moment. Firstly, the steep increases in the prices of bulk services such as electricity and water impact on the sustainability of basic service provision by local government. If this trend continues, more and more residents will fall outside the affordability net, further compromising revenue management in local government. National allocations to local government should take this into consideration and increases should be in excess of annual inflation.
Secondly, many municipalities continue to carry the burden of unfunded or underfunded mandates for services rendered on behalf of provincial government. In addition, the fiscal impact on local government of national legislation as well as demarcation processes is not always fully comprehended. The Administrative Adjudication of Road Traffic Offences, Aarto, and the incorporation of the former Metsweding District Municipality into the City of Tshwane are cases in point.
Finally, in this regard, we are involved in a task team with National Treasury on reviewing the local government equitable share based on the new census data. We have stated for some time now that such a review will require proper costing of basic services and sustainable funding for smaller and rural municipalities that have limited rates and service income. We are therefore of the opinion that Parliament will need to consider a baseline revision of the vertical division of revenue, which is currently at about 8%.
With regard to the conditional grants, Salga notes the conditional grant allocations to local government amounting to R30,4 billion in 2012-13, R33,7 billion in 2013-14 and R36,9 billion in 2014-15. It is duly noted that additional funding of R5,4 billion has been allocated to fast-track the upgrading of informal settlements in large cities; provision of bulk infrastructure; solid waste management in rural municipalities; and electricity demand-side management.
A number of changes were made to local government conditional grants, such as the creation of the infrastructure skills development grant, which we support. There are, however, a number of changes made to the baseline allocations of existing conditional grants that are not adequately explained in the Budget documentation.
Salga is of the view that instead of cutting certain grants due to underspending, like the neighbourhood development and partnership grant for township renewal, national government should rather amend its implementation policies and raise awareness of the existence of the different grants available to municipalities. Another example is the policy decision to incorporate the rural household infrastructure grant into the municipal infrastructure grant, which is going to change the flow of funding. [Time expired.]
Mr K A SINCLAIR: Chairperson, hon Deputy Minister and colleagues, today I want to speak about patriotism. A sensible man once said: “You are a real patriot if you protect your country against your government.” [Laughter.] What I heard today, from all corners of this House, was exactly that. When I listened to the hon Chaane, I heard words like “mind-boggling”, “concerns”, provinces, local government and projects “collapsing”. I can continue with all the speakers who followed that golden thread, saying that in terms of the Division of Revenue Bill everything is not right in our country. We need to address the provinces and local government sphere specifically. I want to raise three very important issues in terms of my understanding of the issues.
The first one is the role of the NCOP vis-à-vis the National Assembly. My great concern is that we confuse our constitutional obligations. I hear words and concepts such as “oversight” and “accountability”. My understanding is that in the final instance the National Assembly is responsible for accountability. With due respect, I am a bit concerned that the NCOP continuously engages the Auditor-General in terms of a different mandate. Our responsibility is oversight, which brings me to the point of this oversight. There is a stampede of oversight. Everybody ? from the National Assembly, to the NCOP, to the districts and to the legislatures ? wants to do oversight. After such oversight is performed, there are a lot of reports, which are accepted by various spheres. Unfortunately, the critical issue in this country is that very little happens once these reports have been accepted ? and I am speaking as a patriot, protecting the country from the government. [Interjections.]
My analysis is that there are about three reasons for this “collapse” of many spheres of government ? after all, that is what we heard today from various role-players. The first one is the confusion regarding the constitutional roles and responsibilities, as I indicated. I think as the NCOP we must honestly and objectively look at this issue.
The second issue has more to do with a political context ? specifically leadership. The unfortunate reality is that in many spheres of our society, governments ? provincial, local and municipal ? are collapsing because of weak leadership. [Interjections.] The unfortunate reality is that the majority of these weak leaders come from the ANC. [Interjections.] If we want to address this, the ANC in particular but also all of us as political parties have a strong responsibility not to appoint as mayor the one who shouts “Amandla!” [Power!] or “Viva!” [Long live!] the loudest, but the one who can act and be accountable. [Time expired.]
Mr B L MASHILE: House Chairperson, hon Deputy Minister, special delegates and hon members in the House, I just want to say that the preamble to our Constitution indicates that the nation adopted the Constitution through its freely elected representatives as the supreme law of the Republic to improve the quality of life of all citizens. The same Constitution also obligates the state to take reasonable legislative and other measures within its available resources to achieve the progressive realisation of the rights that are in the Bill of Rights. Now, the Division of Revenue Bill 2012 is actually informed by this obligation to the state.
There are only three main changes when comparing the Division of Revenue Bill 2012 with the Division of Revenue Act of 2011. These changes are in relation to the Expanded Public Works Programme, EPWP, grant, which has been reconfigured because of the slow uptake. The in-year calculations for incentive purposes will fall away. A new subsection is added to section 15 to provide for consultation with Parliament and a new section 13 is added to deal with anticorruption conditions, which are placed on HODs where there are conditional grants that pertain to infrastructure.
In total, conditional grant allocations amounting to R105,859 billion have been made available in the Division of Revenue Bill for the 2012-13 Financial year. Remember that this amount is over and above the equitable share allocations to the order of R346,930 billion for the same year and is, of course, exclusive of fuel levy sharing.
We should note that these conditional grant allocations also include an amount of some R4,4 billion, which was added for policy priorities to provinces for the financial year 2012-13. In that amount there is a new grant to fund the piloting of the National Health Insurance in 10 district health authorities. Some R450 million is allocated over the Medium-Term Expenditure Framework, MTEF, for the refurbishment and upgrading of nursing colleges; R1,2 billion for the repair of flood damage to infrastructure; R1,1 billion for a comprehensive HIV/Aids programme to expand the provision of treatment and prevention programmes; R718 million for hospital revitalisation; R900 million for national tertiary services; R166 million for FET colleges; and R1,1 billion to upgrade informal settlements. An amount of R3,1 billion was added to local government conditional grants and R2,4 billion was added in the form of indirect transfers.
I have just raised matters relating to the financial resources that are made available for the purpose of improving the lives of our citizens within available financial resources. Indications are clear that there is a progressive increase in these allocations. The state is doing its best to ensure that activities aimed at improving the lives of our people are funded. However, through the oversight activities that we carry out in the form of public hearings on expenditure on these grants as well as oversight visits in provinces and local municipalities, certain experiences are encountered, which we need to raise sharply.
Provinces and municipalities in general are crying out for more resources to be made available for them to fulfil their functions and mandates. As much as we agree that we will never have enough for the work that lies before provincial departments and municipalities, there are certain tendencies that point in the direction that says we have adequate financial resources in circulation. However, departments and municipalities are failing in their numbers to spend monies allocated to them annually. Their audit outcomes reflect significant wasteful and fruitless expenditure and record significant amounts of unaccounted-for financial resources lost through fraud and corruption.
With this in mind it is difficult to understand any argument claiming a shortage of funds. Yes, there are exceptional departments and municipalities who genuinely require more help but they are in the minority. The issue here is that all of us charged with oversight responsibilities ? from the executives, legislatures, audit committees, internal auditors, Scopa and its versions at subnational level, to the Auditor-General ? should try by all means to ensure that administrations really use the resources provided for their intended purposes. These abuse of state resources without accountability should come to an end. Those who cry for more money should prove their prudent utilisation and financial discipline of the current resources made available to them.
We should know that conditional grants are there to enforce the attainment of national objectives, which will not be achieved if there are no forceful measures. Therefore the violations of these conditions amount to undermining the national priorities. We therefore call upon receiving departments and municipalities to ensure compliance without fail. Provincial Treasuries and municipal chief financial officers should take their rightful positions to curb noncompliance and abuse. All officials involved in fraud and corruption should be taken to task by security agencies. Managers and political heads who have responsibility and accountability in terms of the Municipal Finance Management Act, MFMA, Public Finance Management Act, PFMA, and relevant legislation should be called to account for nonaction where there is a blatant violation of or noncompliance with legislation and conditions specific to the myriad grants that are made available. Maybe we should declare 2012 the year of the Hawks, Special Investigating Unit, SIU, the Public Protector, police and Asset Forfeiture Unit on all who have defrauded the state to date.
In the name of Operation Clean Audit 2014, we should commit ourselves from today, saying, “Let us account for all the monies made available to us. Let us use all the monies for their intended purposes. There shall be no wasteful or fruitless expenditure. We shall be transparent in dealing with public funds and exercise financial management discipline. Relevant heads shall deal decisively with corrupt and fraudulent elements in the value chain.” I thank you. [Applause.]
The DEPUTY MINISTER OF FINANCE: House Chair, thanks to permanent delegates and members of this House for your contributions and unanimous support for the Division of Revenue Bill 2012. Members indicated that this was a constitutional requirement also required by our Intergovernmental Fiscal Relations Act.
Judging by the debate we had earlier, this is a fitting date for this Bill to be considered and debated in this House. The progressive realisation of our people’s aspiration of a better life is at the heart of the process of the equitable allocation of resources. The Division of Revenue Act is a primary vehicle driving the process of service delivery and makes a better life a reality. It is this engagement today and other intense processes that enrich the process and give elected representatives an opportunity to exercise their oversight and to express their views on the efficiency and efficacy of our fiscal framework. The freedom we celebrate tomorrow and the whole of this month, as we heard in the previous debate, finds expression in the extent to which our people have access to basic services.
Members made a number of observations on the division of revenue for this year. If I may just go through them, starting with the hon Chaane, the chairperson of the committee, whose committee I am truly indebted to for the work they have done ? and this includes the select committee. He alluded to the intense process that unfolded for us to be where we are today. He also referred to scarce resources and unlimited needs ? as we all know, that is the economic dilemma that we are facing. He stressed the point of accountability, which I think we are all in agreement on, in contrast to what another hon member referred to as a “collapse”.
Comments on the failure of provinces to spend on infrastructure came from a number of members, particularly regarding capital expenditure, the diversion of funds and the inefficient allocation of resources to the detriment of the poor and those who need it most.
Hon Bekker referred to the implementation of the new development plan, saying the problem was with its implementation. He also alluded to the lack of capacity and skills. I want to assure hon Bekker, particularly on infrastructure, that one of the reasons for government introducing the Presidential Infrastructure Co-ordinating Commission is precisely to ensure that that delivery of infrastructure is done in a co-ordinated fashion and that we will get the maximum benefit out of the resources deployed. He also decried cadre deployment. He quoted the Minister’s speech but forgot that the Minister went on to define what it was that we refer to as a “cadre”. A “cadre” is a special type of a deployee. It is a special type of member of a particular organisation who is selfless, dedicated and works in the interests of others. The hon member must actually take that into account when he talks about cadre deployment. [Interjections.]
He also referred to the DA’s 8% targeted growth. It’s not about numbers; it’s about the inclusive nature of such growth ? how many people benefit from it and to what extent it addresses the triple challenge that we have as a country. He also says we must learn from our Brics partners. Our Brics partners are also learning from us, for your information. [Interjections.]
Comrade Dan referred to the problems that affect health in Gauteng. Comrade Papo also dealt with the matter. This matter is receiving attention and we are working with the provincial department in Gauteng to ensure that those problems are addressed. Let me hasten to add that this is not necessarily a funding challenge. There are many administrative challenges that will bring many cost savings into effect and we have begun to see them bear fruit. With the oversight of the committee, also in Gauteng, we have actually been assisted and are able to move in the right direction.
The issue of the formula came up in a number of speeches. We accept that this is a matter that requires attention ? and it is receiving attention. Salga, National Treasury and other stakeholders are working on this one.
Hon Van Rooyen talked about the issue of nonattendance, which was defended by the hon member from Salga. It is indeed sad that such an important workshop was not attended. Hon Van Rooyen also calls for the institutionalisation of a “smart state” ? a state that is effective, efficient and actually deals with the issue of leakages; a state that ensures that we continue with our call of doing more with less. This is important because if we do not ensure that ever more scarce resources are spent efficiently, we are not likely to see results.
Regarding the issue of smaller provinces and the equitable share, attempts are being made to give an additional 11% to benefit smaller provinces. Regarding the issue of roads, you might now understand what we go through as National Treasury when everybody thinks we are not giving them enough. In Gauteng, we did not allocate enough to health, while in the Free State we did not allocate enough to roads. However, there is the “23 nonpriority roads” saga that we need to address, hence the intervention in the Free State. We are working very well with the department and it appreciates what we are doing in the Free State.
The issue of unfunded mandates is also an ongoing debate. These are some of the things we should also address among the departments when we talk about a state that really works. Regarding the issue of the revenue-raising capacity for municipalities, we should actually work very hard at making sure that municipalities are able to raise their own revenues so that they are able to augment the programmes.
Hon Papo spoke about the Budget and the consultation process being a long-term project.
The other thing I wish to draw the House’s attention to is health, migration and the services provided by Chris Hani Baragwanath Hospital to people from other provinces too. We need to move with speed to make sure that we lay the foundation for the implementation of our NHI. If we do that, we will build this infrastructure and improve the level of health care and health services in all our areas. That would mean that people need not move to one province because that is where they find the level of service they require. Therefore we need to work together to make sure that our pilot projects for laying the foundation of the NHI are taken forward as expeditiously as possible.
Members also noted that there were three changes to the Division of Revenue Act ? I do not want to go into that. I have also dealt with the issue of equitable share.
Hon Sinclair spoke about a very strange definition of patriotism. He says it is to protect the country from government. Mr Sinclair, government is the custodian of patriotism. We are a constitutional state. We gave it to you; it is there and we are here to protect you. It is government that will protect you, Mr Sinclair. You have a number of strange definitions. You even began to misinterpret the mandates of the Houses of Parliament. We have a Parliament with two Houses, Mr Sinclair. The Constitution talks about the mandate of Parliament, not of each House. The reason we have the NCOP is precisely because, as one of the members indicated, we are a unitary state that devolves powers to some of three spheres of government. We are one state. [Interjections.]
It will take time. In fact, I think you must organise a workshop, House Chair. Make sure you detain Mr Sinclair longer than the rest of the members, because you will need to start him on the basics of the Constitution before you come to the Rules of the House and other things. Thank you.
Hon Mashile also emphasised inefficiency in spending and that there was wastage. I am trying to recall which member actually went to the important workshop with the Auditor-General ? and my apologies for not being able to attend that workshop. It was my fervent hope and wish to attend but unfortunately, because of matters beyond my control, I was not able to attend. The question he asked at the end of the day was: What do we do with these delinquents? What do we do with people who break the laws governing financial management? Hon Mashile answered the question. He said we should declare this year the year of law enforcement; the year when we ensure that those who break the law actually face the wrath of the law. Thank you very much. [Applause.]
The HOUSE CHAIRPERSON (Mr R J Tau): Let me thank the Deputy Minister for concluding the debate.
Debate concluded.
Question put: That the Bill be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Bill accordingly agreed to in accordance with section 65 of the Constitution.
The Council adjourned at 13:44.
________
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
WEDNESDAY, 25 APRIL 2012
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Communications
(a) Revised Strategic Plan and Annual Plan of the South African Post Office for 2012/13-2014/15.
THURSDAY, 26 APRIL 2012
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Classification of Bills by Joint Tagging Mechanism (JTM)
(1) The JTM in terms of Joint Rule 160(6) classified the following Bill as a section 75 Bill:
(a) Judicial Matters Amendment Bill [B 11 – 2012] (National Assembly – sec 75).
2. Bills passed by Houses – to be submitted to President for assent
(1) Bill passed by National Council of Provinces on 26 April 2012:
(a) Division of Revenue Bill [B 4 – 2012] (National Assembly – sec 76(1)).
COMMITTEE REPORTS
National Assembly and National Council of Provinces
1. Report of the Constitutional Review Committee on 2011 Public Submissions dated 26 April 2012
The Constitutional Review Committee, having considered the 2011 public submissions made on the review of the Constitution, reports as follows:
1. Introduction
In terms of section 45 of the Constitution, Parliament has to establish a joint committee to review the Constitution at least annually.
In giving effect to this provision, the Constitutional Review Committee placed advertisements in the media on July 2011 inviting public submissions regarding changes to the Constitution. In all, 9 submissions were received.
The Committee requested the Parliamentary Legal Services office to consider each of the submissions in the light of current jurisprudence.
Hereunder are brief summaries of the submissions from the public, as well as the Committee’s views and its recommendations.
2. Summaries of public submissions
Submission 1 by Mr Mbambo
The submission involves an allegation by the submitter against Mr Narismulu who failed to meet the agreement that was reached at the time of sale of the car to the former. The other complaint was around the submitter’s allegation that his car license which he claims was confiscated by the Metro Police who told him that he would get it back after he had paid them an amount of R500.00.
The Committee felt that the submissions did not contain any request for an amendment of the Constitution but rather dealt with a civil dispute between Mr Mbambo and Mr Narismulu. The Committee having noted the submission, the Committee was of the view that the current law provides sufficient mechanisms by which the submitter might obtain relief he sought. That the submitter would have to be advised as follows:
(1) That he would have to seek assistance of an attorney regarding breach of contract by the seller (Mr Narismulu). If he is unable to afford the legal service, he would have to approach the Legal Aid South Africa or one of the University Campus Law Clinics.
(2) In regard to the issue of the alleged incident of corruption by police officers, the submitter would have to report the matter to the South African Police Services and the Independent Complaints Directorate (ICD).
Conclusion
The Committee has recommended that a letter should be addressed to the submitter advising him to seek alternative remedies suggested above.
Submission 2 by Mr Mbawula: Amendment of section 9 of the Constitution
The submitter requested the Committee to look at the law that particularly looked at initiation issues. The submitter suggested that circumcision as practised in hospitals could not be equated with the one that was practised customarily and traditionally in African communities. His view was that failure to distinguish between the two different practises had the effect of undermining his traditions.
The Committee is of the view that the Children’s Rights Act of 2005 recognizes circumcision, irrespective of by whom it is done and how it is practiced. This approach is consistent with the constitutionally-entrenched right to equality provided for in section 9 of the Constitution (the Equality Clause). It was therefore not necessary nor desirable to amend the Constitution and the Children’s Act, 2005.
Conclusion
The Committee concluded not to support the proposal by the submitter.
Submission 3 by Bathlakoane Ba Manzimnyama
The submission requested a review of section 25 of the Constitution (property clause) to allow for a new clause that would allow for each government administration to have a window period to lodge land claims until everyone had been accommodated.
The Committee, in its deliberations on the submission, felt that, in the light of the continual appearance of this submission, it would have to pay more attention to it.
Conclusion
It was suggested that the submission should be deferred, so that it could be dealt with at the same time as other outstanding submissions that had proposed for a review of section 25. The submission is still under consideration.
Submission 4 by Mr TA Mojaki
The submitter proposed the review of section 35 (3) (n) of the Constitution, which deals with right of the arrested, detained and accused persons. The Committee having considered the submissions felt that it did not warrant any review of the Constitution.
It was suggested that the submitter would be advised to file his application for release on parole with the Correctional Supervision and Parole Board. Furthermore, the submission should be referred to the Portfolio Committee on Correctional Services and the Head of the Department of Correctional Services.
Conclusion
The Committee decided not to support the proposal – the submitter would be informed of the Committee’s decision on the submission
Submission 5 by the National House of Traditional Leaders (NHTL)
The submission proposed an exclusion of ‘sexual orientation’ from Chapter 2 of the Constitution which deals wit the Bill of Rights. The NHTL argues that ‘sexual orientation’ should be removed as a listed category from section 9 of the Constitution.
Conclusion
The Committee decided that the submission should be deferred and dealt with in the same manner as submissions made on section 25 of the Constitution.
The submission is still under consideration.
Submission 6 by the National House of Traditional Leaders and Mpumalanga Provincial House of Traditional Leaders
The submission proposed a review of section 211 and 212 of the Constitution. It was decided that the submission should be set aside and dealt with together with the other submission (Committee reference 7/10) which was made in 2010.
Conclusion
It was suggested that the Committee should wait for the outstanding submission from the National House of Traditional Leaders on the inputs it was collating from its constituents on Chapter 12 of the Constitution.
The submission is still under consideration.
Submission 7 by [email protected] and [email protected].
The submissions were by electronic mail from [email protected] and [email protected]. These submissions proposed amendment of sections 25 and 86 of the Constitution respectively.
The submitters were of the view that section 25 of the Constitution should be scrapped and replaced by the proposals stipulated in their submission (Committee reference 7/11).
The Committee felt decided that the proposal should be dealt with together with other submissions on section 25 of the Constitution.
Furthermore, the submitters proposed the scrapping of section 86 of the Constitution, which deals with the election of the President. The proposals made by the submitters were listed in their submission (Committee reference 7/11).
Conclusion
The Committee having deliberated on the submissions decided that both submissions would be dealt with in the same manner as those that were proposing for a review of section 25 of the Constitution.
The submissions are still under consideration.
Submission 8 by Mr Terezakis
The submitter proposed amendment to section 28(1) (b) of the Constitution, which deals with children’s rights. The Committee was of the view that that the existing legislation adequately covers the proposed amendment.
In addition, the submitter proposed amendment to sections 165 (3) and 182 (3) of the Constitution with regard to the mandate of the Public Protector. The Committee accepted the view that the Constitution of the Republic of South Africa and legislation already has in place structures to deal with the issues raised in the submissions. Furthermore, extending the powers of the Public Protector to interfere with judicial decisions would undermine the doctrine of the separation of powers. It would also not be in keeping with the principles of the Constitution. The other view was that the appeals and review of court decisions remain effective remedies to litigants not satisfied with court decisions.
Conclusion
The Committee is of the opinion that the proposals made by the submitter do not warrant any constitutional amendments. The submitter will be advised on the Committee’s conclusion on the matters.
Submission 9 by Mr BB Ngobese
The submission did not actually refer to any review of the Constitution, but rather highlighted unhappiness with circumstances and problems that impact on the effect of certain rights afforded to the arrested and accused persons in terms of the Bill of Rights
The submitter argued that section 28 (g) of the Constitution, which deals with children’s rights, creates the impression that crime perpetrated by a minor or teenager is not a real crime. It was therefore felt that the submission did not propose for a review of the Constitution.
In addition, the submitter was of the view that section 32 (1) (b) of the Constitution, which deals with access to information, should not apply to criminal matters, as it allows the defense to gain an unfair advantage. However, section 32 (1) (b) does not specifically refer to accused persons. Instead, the rights relating to accused persons are contained in section 35 of the Constitution. Therefore, if an accused person requires information that is held by another person in order to exercise or protect a right, that accused person will have recourse to section 32 (1) (b) of the Constitution.
Mr Ngobese further made a submission on section 35 of the Constitution, which deals with the rights of the arrested, detained and accused persons.
The Committee was of the opinion that the submission did not refer to any amendment or review of the sections mentioned above. It was rather centred on ‘unhappiness’ about the manner in which certain rights in the BoR were perceived to be abused by arrested and accused persons. Therefore, the submitter did not highlight any matters warranting review of the Constitution.
Conclusion
The Committee was of the opinion that the submission does not warrant a review of the Constitution. The submitters will be advised as such.
Report to be considered
Index of submissions received:
Number
Submitter/s
1
Mr Mbambo
2
Mr Mbawula
3
Bathlakoane Ba Manzimnyama
4
Mr TA Mojaki
5
National House of Traditional Leaders
6
National House of Traditional Leaders and Mpumalanga Provincial House of Traditional Leaders
7
[email protected] and [email protected]
8
Mr Terezakis
9
Mr BB Ngobese
26 APRIL 2012 PAGE: 23 of 23